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Travel

Travel

If you wish to travel outside the U.S. and re-enter during your approved appointment period, you should be sure to have the following things at the time you re-enter the U.S.:

  • Valid passport: Be sure that your passport is valid at least six months into the future from the day you re-enter the U.S.
  • A valid E-3 visa stamp: Check your visa to make sure it will be valid on your intended re-entry date. Also note the number of entries allowed on your visa. If you do not have a valid E-3 visa, you will need to apply for one at a U.S. embassy or consulate overseas. For general information on obtaining a new visa, see the section on Applying for a Visa. (Please see the notes below if you are traveling to Canada or Mexico.)
  • Copy of the NYU’s Labor Condition Application (LCA, Form ETA 9053) certified by the Department of Labor
  • The original Form I-797 E-3 approval notice (if a petition was filed with USCIS), which shows your E-3 approval for New York University. For those who receive an approval with a change of status or extension, the Form I-797 contains the I-94. Upon departure from the U.S., unless you are traveling to Canada or Mexico, your I-94 will be taken.
  • Documentation showing eligibility for employment in a specialty occupation
  • An updated letter from your department that confirms your salary and employment dates (If the letter filed with your case is older than 6 months from your planned date of entry to the U.S., please obtain an updated one from your Department administrator).

Dependents in E-3D status

If you are traveling with your dependents, make sure that you carry all items listed above, and that they possess a valid passport with valid E-3 visa stamp for re-entry. If they need a  visa, they must also present to a U.S. consular official proof of relationship to you (i.e., a marriage or birth certificate), documentation showing financial support (this can be a brief letter from you if you intend to support them on your salary along with copy of your employment letter), and a copy of your LCA (and I-797, if applicable).

Status

When the immigration inspector notes your I-94 information upon re-entry into the U.S., be sure to check at that time that it is noted with the correct visa status in which you are intending to enter the U.S. (If, for example, you are an E-3 professor and the immigration inspector notes "B-2" on your I-94, you will not be eligible to work!)

Travel to Canada or Mexico

Most E-3 scholars do not need a new U.S. visa to return to the U.S. after visiting Canada or Mexico due to a process known as Automatic Revalidation. If you travel to Canada or Mexico, for 30 days or less, you do not need a new visa stamp even if your current one has expired if you:

  • are in lawful status,
  • have a copy of the valid LCA (and original I-797 Approval Notice, if a petition was filed with USCIS) for your current employer in your possession,
  • have an unexpired I-94 arrival/departure record (print a copy of your I-94 record and bring it with you),
  • have an unexpired passport valid at least six months into the future, and
  • have a previously-issued nonimmigrant visa (which could be expired, or even in a different category than the I-94 if a change of status has been approved in the U.S.)

Automatic revalidation of visa does NOT apply if the scholar:

  • Applied for a new visa which has not yet been issued;
  • Applied for a new visa and was denied;
  • Has been outside of the United States for more than thirty days;
  • Has traveled to a country other than Canada or Mexico
  • Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. (Review more about State Sponsors of Terrorism and FAQs.)

Note: Citizens of some countries may need a visa to enter Canada or Mexico. Please check to see if citizens of your home country are required to have a visa stamp (e.g. a Canadian tourist visa) to enter an adjacent country.

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