Corporate Immigration Compliance: What U.S. Employers Need to Know About International Travel
- Leyla McMullen, Mdivani Business Immigration Lawyer
- Apr 11
- 2 min read
When international employees travel abroad, it is crucial for U.S. Employers to prepare proper documentation in advance to enable their employees' timely return and to avoid operational disruptions. For employers with personnel on H-1B and/or TN visas, for example, this includes preparing Employer consular or travel support packets and understanding the difference between their employees having an approved extension of status or change of status in the U.S. versus also having the visa issued in their passport.
Employer H-1B Consular Packets
H-1B employees who were approved for Change of Status or Extension of Status in the U.S. may need to attend an H-1B Visa Interview at a U.S. consulate abroad and have an H-1B visa issued in their passport before they can re-enter the U.S. Employers should reach out to their corporate immigration attorneys to prepare the proper documentation for them. For example, we typically include the following documents in Consular Application Packets:
Employer Support Letter Confirming Current Employment
I-797 approval notice for latest approved petition
Copies of the employee’s latest W-2 and latest pay stubs
Copy of the submitted and approved petition by USCIS, which includes a copy of the certified Labor Condition Application (LCA)
Additionally, we meet with the employee prior to their visa issuance interview to answer any questions.
TN Travel Support Packets
TN visa holders (Canadian or Mexican nationals) need to present the correct documents at the U.S. port of entry. For Mexican nationals, a visa stamp is required, so they will need to schedule a TN visa issuance appointment at a U.S. Consulate abroad. Canadian TNs can go straight to a port of entry authorized to process TN's. Employer TN Packets typically include, among other evidence:
Employer Support Letter Confirming Current Employment
TN approval notice
Copies of latest W-2 and paystubs
Corporate immigration compliance training taught by business immigration attorneys can be found HERE.
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.
Leyla McMullen, Corporate Immigration Lawyer
Mdivani Corporate Immigration Law Firm
