Traveling from Canada or Mexico: H1B Visa Revalidation Rules

Someone who is maintaining non-immigrant status in USA like H1b or L1A or R1 can travel to Mexico, Canada or adjacent islands and return to USA even if the non-immigrant visa has expired under the visa revalidation rules. In March 14, 2002 U.S. Department of State (DOS) memorandum issued a memo announcing revisions to regulations on automatic visa revalidations for nonimmigrant travelers to the U.S. from Canada, Mexico, or adjacent islands. Basically, under the new rule the non-immigrant cannot reenter under the revalidation rules under certain conditions including if he/she applied for a non-immigrant visa when they are travelling and their non-immigrant visa application was not granted.

Key Points:

1. Previous Rule:
   • Nonimmigrant visa holders could re-enter the U.S. with an expired visa if:
     • They traveled to Canada, Mexico, or adjacent islands for 30 days or less.
     • Their Form I-94 (Arrival-Departure Record) remained valid.
     • Their country of citizenship did not affect eligibility.
2. Revised Regulation (Effective April 1, 2002):
   • Aliens who apply for a new visa while outside the U.S. in these territories will no longer be eligible for automatic revalidation.
   • Individuals from state sponsors of terrorism (as designated by the U.S.) cannot use automatic revalidation.
   • Security Concerns Post-9/11: The rule prevents individuals subject to enhanced security procedures from returning before security checks are completed.
3. Visa Application & Refusals:
   • If an individual applies for a visa but is not immediately approved, the U.S. embassy/consulate must stamp their passport with “Application Received.”
   • This stamp helps U.S. border inspectors identify travelers ineligible for automatic revalidation.
4. Security Enhancements:
   • The rule change is part of post-9/11 measures to strengthen border security.
   • It ensures that:
     • Nationals from terrorism-designated countries must obtain new visas before re-entry.
     • Those who failed visa screenings abroad cannot bypass rejection by using Form I-94.
5. Implementation Guidelines:
   • Visa applicants denied issuance will have their passports stamped.
   • Additional measures such as cancelling existing visas or updating electronic records may be implemented to enforce this rule.

In the context of travelers on H1b status , the employee should carry the following for revalidation at port of entry:

1. Valid passport with expired non-immigrant visa
2. Valid/unexpired original H-1B I-94
3. Original H-1b approval
4. Copy of H-1b petition
5. Employment verification letter from H-1b employer
6. Current payslips

To prove your travel It is also advisable to do some credit card transaction in USA before crossing the border and then again do some credit card transaction in Canada after crossing the border. If travelling by air do some similar credit card transactions and remember not to give the original I-94 to airline official since you will need the original at the time of return and also remember to keep the boarding pass. Before coming back to USA do some transaction in Canada and again do some credit card transaction after entering USA.

Summary:

The memo details a tightening of visa revalidation policies to enhance U.S. border security. It removes automatic revalidation privileges for travelers who apply for a new visa or are from terrorism-designated countries, ensuring stricter entry controls.

About the Author

Vasanth Vaidyanathan, Esq.

Administrator

Vasanth Vaidyanathan is an immigration attorney with over 20 years of experience focused exclusively on U.S. immigration and nationality law. He holds a LL.M. from California Western School of Law, San Deigo and advises individuals and businesses on employment and family-based immigration matters, including H-1B, PERM, EB categories, and adjustment of status. He has also been a featured speaker at immigration seminars across the U.S. To reach Vasanth visit: https://www.vnathan.com/

Author's website Author's posts