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  • Writer's pictureLeyla McMullen, Mdivani Business Immigration Lawyer

Avoid Passport Validity Issues

Passports, New Applications, Renewals, and What US Employers Need to Know


What Do US Employers Need to Know About Passports?


US Employers need to know that passports will likely apply to all employees, whether they are US citizens or international workers.  If the worker needs to travel abroad for work or for personal reasons, they will need to have a valid passport. 


US Workers:


US workers will need a US passport to travel abroad.  If someone has recently become a US Citizen through the Naturalization process, the next thing they need to do after the Naturalization Ceremony is to apply for a US passport.  They will give up their lawful permanent resident card when they naturalize, and they will be able to travel abroad and re-enter the US with their new US passport. We recommend applying as soon as possible before the holiday season, when passport issuing agencies become busier.


Foreign Workers:


Foreign workers need to ensure they renew their foreign passport with plenty of time, especially if a visa extension is coming up.  The USCIS and US Consulates will need a valid passport to process extensions in the US and to process visas at US Consulates abroad.  Most foreign workers may renew their foreign passport at one of their country’s consulates or embassies in the US, but there may be certain countries that only make renewals in the home country. 


Applying for New US Passport or Passport Renewals – Options:


Per the Department of State, passport applications can be processed as follows:


  • Routine: takes 8 or more weeks

  • Expedited: usually takes less than 8 weeks, additional fees apply

  • Urgent: may take approximately 2-3 weeks, maybe faster if an appointment is secured at a passport issuing office

  • Life or Death: usually takes less than 14 days

 

Passport Renewals and Issues to Consider with Foreign Workers: A passport with shorter validity may limit the dates that a US consular officer may approve a visa for a foreign worker, even if the USCIS has approved eligibility for longer.  For example, USCIS may approve TN visas and H-1B visas in 3-year increments, but if the worker attends a consular interview to have their visa issued to enter the US with a passport that is only valid for 9 more months, their visa may be issued for only 9 months. 


Passport Renewals and Issues to Consider for Everyone:


When traveling abroad it is important to consider the laws and requirements of the countries one plans to visit to ensure our passports will have sufficient validity to enter those countries. 


Check Passport Requirements for the Country You are Visiting: 


This “valid but not valid for long enough” issue is something our family experienced this summer when we were traveling to Europe.  My husband had a valid passport, but it was valid for just under 3 months.  As we were boarding our flight to Spain, airline personnel pulled him aside and let him know he could not board the flight.  His passport was valid but did not meet the validity requirements for entering Spain, which were to have a passport that would be valid for at least 3 months from his date of return to the US.  He missed it by 2 days.  So, instead of boarding the flight to Spain with my son and me, he had to fly to New York for an emergency passport appointment. He eventually was able to join us in Spain after a 3 day delay.


*** Usually if you have proof that you have booked foreign travel, you can get an appointment at a US Passport Agency to get a passport issued in one or two days, but this depends on the availability of the agencies, and in most cases, requires the applicant to travel to another city where a passport agency has an opening.  It is best to plan ahead to avoid delays and additional costs.


Leyla McMullen, Corporate Immigration Lawyer

Mdivani Corporate Immigration Law Firm


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The information on this website is for general information purposes only, it is not legal advice applicable to a specific situation.  Viewing it does not create an attorney-client relationship.

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