Understanding International Travel During the PERM Labor Certification Process
The PERM labor certification process is the first step in many employment-based green card cases in the United States. It is a critical stage managed by the U.S. Department of Labor (DOL). It serves to establish that there are no qualified U.S. workers available for the position being offered to a foreign national. A common concern for individuals during this process is whether they can travel internationally while the PERM is pending.
Is International Travel Allowed While PERM Is Pending?
Yes, in most cases, you can travel internationally while your PERM application is pending, but with some important caveats. Because the PERM process itself does not involve U.S. Citizenship and Immigration Services (USCIS) and does not confer any immigration status, it typically does not affect your ability to travel.
However, your underlying visa status is what determines your ability to leave and re-enter the United States.
Key Considerations:
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You must maintain valid nonimmigrant status: If you are in the U.S. on a valid visa (such as H-1B, L-1, TN, etc.), you can travel internationally as long as your visa is unexpired, and you have all necessary documents to re-enter the U.S.
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Have your visa stamp ready: If your current visa has expired and you plan to travel, you will need to visit a U.S. consulate abroad to obtain a new visa stamp before returning. This can be risky if there are delays or complications in visa issuance.
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PERM is employer-specific and does not grant travel rights: The PERM labor certification is entirely employer- and job-specific. It does not offer any travel benefits or protections. Your travel rights are tied solely to your nonimmigrant status.
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No biometrics or interviews at the PERM stage: Since the PERM process is conducted by the DOL and does not involve USCIS interviews or biometrics, your physical presence in the U.S. is not required during this stage.
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Risk of delays or complications abroad: While travel is generally permitted, it’s important to factor in risks such as changes to your visa status, global travel restrictions, and consular appointment availability, especially in countries with long visa wait times.
Can I Travel While My PERM Is Pending and My Visa Is About to Expire?
If your visa is nearing expiration or you are close to reaching the end of your maximum allowable stay (e.g., the six-year maximum for H-1B holders), travel can introduce significant complications. You should consult with an immigration attorney before making any international travel plans in such scenarios, especially if your PERM is approaching adjudication.
Does Traveling Abroad Delay the PERM Process?
No. Since the PERM process is paper-based and adjudicated by the Department of Labor, your physical location has no bearing on the processing timeline. You can be outside the U.S. while your employer continues with the required recruitment and filing procedures.
When Caution Is Warranted
Travel is not recommended if:
- You are in a grace period or do not currently have valid nonimmigrant status.
- You are unsure about visa stamp renewal prospects at a U.S. consulate.
- You anticipate a change in your employment that might affect the PERM process.
- You are transitioning to a new status or are already planning to file Form I-140 and Adjustment of Status soon.
Bottom Line
While traveling internationally during the PERM process is generally allowed, your ability to return to the U.S. depends entirely on your current visa status, not the PERM application itself. Always verify your documentation and reentry eligibility before traveling. It’s advisable to speak with your immigration attorney before finalizing any travel plans to ensure that your return to the U.S. is not jeopardized.
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We Can Help!
You may have questions regarding the PERM green card process. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
