International Student & Scholar Services

International Programs

Immigration and Travel Update

Updated: May 8, 2006

USCIS and State Department Requirements
Visa Processing Concerns
Visa Processing in Canada and Mexico
Travel Recommendations
Other Important Information

As there have been and may continue to be changes in the US laws and regulations that govern nonimmigrant visas holders and their ability to apply for and obtain visas, ISSS urges you to contact this office if you are traveling and need to apply for a new visa for reentry to the US. ISSS will continue to update its web site as new information becomes known to us, but as these changes can come with little or no notice to the public, it is best to talk with us before making your travel plans.

Please also note that ISSS and many other university offices will be closed during holiday breaks, and be sure to make your plans or contact our office in a timely manner.

USCIS and US State Department Requirements

Special Registration (NSEERS)

Special Registration, also called National Security Entry-Exit Registration System (NSEERS), is a system that will let the US government keep track of certain foreign nationals temporarily in the United States. International student & scholars are generally informed whether they are subject to NSEERS upon entry into the US. Failure to comply with Special Registration regulations can lead to criminal charges and/or deportation.

Reporting Change of Address

USCIS has recently indicated that it intends to monitor and enforce a long-standing but previously ignored law requiring nonimmigrants and permanent residents in the US to notify USCIS of a change of address.

Visa Processing Concerns

Due to the latest USCIS and State Department requirements and security initiatives mentioned below, please be sure to check with the US Embassy or Consulate you plan to visit about their procedures and timing for processing visa applications.

Security Advisory Opinion from US Consular Posts Abroad

US Consular posts abroad, at their discretion, may request a "security advisory opinion" from the US Department of State in Washington D.C. A response to this request can take as long as one month, and a visa will not be issued until a ruling is received. You will have to wait outside the United States until your new visa is issued. Please make your plans accordingly. For more guidance on this, please visit http://travel.state.gov/visa/reciprocity/index.htm.

Security Check Procedures Adds Delay to Visa Issuance for Certain Nationals

Effective November 13, 2001, certain nonimmigrant visa applicants became subject to an additional security check clearance procedure before being issued a nonimmigrant visa. Sources indicate that the following individuals may be subject to this additional check: between the ages of 16 and 45 from one of the following countries: Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen.

Visa applicants from these countries are required to complete a detailed questionnaire on their backgrounds, including information about any military service and weapons training, previous travels, and whether applicants previously had any other passports. If the nonimmigrant was born in a country now requiring enhanced scrutiny, the individual may be subject to these requirements, regardless of current citizenship.

New Form - Supplemental Nonimmigrant Visa Application Form

In addition, the DOS has introduced a new form, Supplemental Nonimmigrant Visa Application (DS-157). For a copy of the form, please visit http://travel.state.gov/visa/frvi_forms.html. All male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, must complete and submit a DS-157 to the US embassy/consulate where they will apply for a visa. This form is in addition to the usual Nonimmigrant Visa Application (DS-156).

Traveling Through A Third Country

Should you be traveling to or through a country other than your country of citizenship, you should contact the consulate of the country you will visit to ask about any changes in entry/transit visa requirements. For students who typically travel through London, it appears that the British government has tightened its transit visa procedures and is now requiring nationals of certain countries to obtain transit visas in order to transfer planes between Heathrow and Gatwick. Contact information for the various foreign consulates in Washington, DC can be found at http://embassy.org.

New Interview Requirement Will Delay Visa Processing at US Consular Posts

If you plan to travel abroad and obtain or renew a US visa stamp before you return you will first need to make sure that it will be possible to get the visa in the time you have available. Delays in visa issuance are expected because the new rules require consular officers to interview most visa applicants in person but do not provide additional resources to handle the increased workload. Consular posts that do not already have appointment systems have been instructed to consider establishing them and the Department of State has acknowledged that "many posts will face interview backlogs."

Posts must implement the new interview rules, sent to consular officers May 21, "as soon as possible, but no later than August 1, 2003." ISSS has learned that some posts have already begun to implement the new system. The Department of State has said that the new rules are part of its continuing efforts "to improve the security of the visa process" and US security.

Visa Processing in Canada and Mexico

Visa processing for non-Canadian or Mexican citizens in these countries has become more uncertain. ISSS recommends that individuals who are not citizens of Canada or Mexico refrain from applying for initial or renewal visa stamps in these countries. However, we are providing the latest visa processing information in these countries below as a general guide:

US consulates in Canada and Mexico continue to schedule online and telephonic appointments for certain third-country national nonimmigrant visa processing at border posts in Canada and Mexico. However, they recommend that once receiving an appointment, you wait of at least five days before making travel arrangements to avoid any inconvenience from possible changes in processing. If you are from one of the countries now requiring additional name check/security screening (see below and visa processing above), processing in Mexico and Canada may not be permitted and any appointments made may be cancelled within five days.
US Department of State announces changes in requirements for travel to Canada and amends "automatic revalidation of visa benefit." Effective April 1, 2002 the State Department of State modified the "automatic revalidation of visa" benefit [22 CFR 41.112(d)] that allows certain nonimmigrants to reenter the United States after a 30-day or less visit to "contiguous territory" (Canada, Mexico, and, in the case of F and J nonimmigrants, the "adjacent islands other than Cuba") without having to obtain a new visa prior to reentry. Up until now, persons in F and J who were maintaining their nonimmigrant status in the United States, and who traveled to Canada, Mexico or the contiguous islands, for 30 days or less, could reenter with their Form I-94, a valid passport, and a current copy of the form I-20 or DS-2019, plus a previously-issued visa (which could be expired, or even in a different category than the I-94). Persons in H-1 or O-1 status were also eligible to use the automatic revalidation after trips of 30 days or less to Canada or Mexico, as long as they had a valid I-94, passport and a USCIS-issued I-797.
Canadian-landed immigrants will require a visa to enter the US.

There are two important changes to the benefit:

For any individual (regardless of nationality) who applies for a new visa while in Canada, Mexico or the contiguous islands, the automatic revalidation of visa will no longer apply. That means, if you apply for a new F or J visa, you must receive the new visa before being able to reenter the US. If your application for a new visa is denied, you will likely have to leave Canada and return to your home country to obtain a new visa in order to return to the US. Also if you apply for a visa and are subject to a security clearance that may require 20 days to obtain, you will not be able to return to the US under the provisions of automatic revalidation. You should weigh carefully the decision to travel to Canada for the expressed purpose of applying for a new visa.
Citizens of Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba will no longer be eligible for the automatic revalidation of visa benefit. For example, if you're a citizen of Syria and your visa stamp in your passport has expired, you will not be able to reenter the US even if your stay in the "contiguous territory" is less than 30 days. You will have to obtain a new visa stamp to reenter the US. This process can be expected to take at least 20 working days.

If you are planning to apply for a new visa in Canada, Mexico, or other contiguous territory, and you have an expired visa in your passport, please check with ISSS before making the arrangements to go to Canada.

Travel Recommendations

Travel Documents

If you are planning to travel outside the US, you must be certain to have the correct documentation for reentry to the United States. These include:

Passport
Make sure your passport is valid for a minimum of six months in the future.
US Immigration Documents
1. F-1 students should have a valid I-20 with an ISSS endorsement dated within 1 year (365 days) of reentry to the US.
2. J-1 students and scholars should have a valid DS-2019 form with an ISSS endorsement dated within 1 year (365 days) of reentry to the US.
3. H-1B and O-1 visa holders should carry their original I-797 approval notice and a letter from their department confirming their Penn appointment. If you need a new H-1B or O-1 visa stamp in your passport, you must have a copy of the I-129 petition submitted to USCIS.
US Visa Stamp
If the visa stamp in your passport has expired, or you require a new visa stamp, you will need to visit a US consulate or embassy abroad to apply. Check the web site of the consulate to learn of any new procedures or requirements. The US Department of State maintains a list of Links to United States Embassies and Consulates Worldwide: http://travel.state.gov/visa/questions_embassy.html.
Penn Documents
1. All Penn affiliated individuals should carry their Penn ID card.
2. Students should carry an updated financial support document (e.g. an award letter, and a copy of your financial aid award, a bank letter confirming personals funds, etc.)
3. If applying for a new US visa stamp, carry a copy of your transcript as evidence that you've been a full-time student.

General Recommendations

Be sure to maintain full-time status if you are a student. Be sure to remain engaged in your authorized program activity if you are a scholar.

For undergraduate students, full-time status requires registration for at least four courses per semester, except in the final semester of study. For most graduate students, full-time status requires registration for at least three courses or the thesis -- but some graduate programs have higher requirements; check with your department or ISSS if you are not sure. For scholars, maintenance of status requires continuous engagement in the activity for which you are present at Penn.

If you are not sure that you're maintaining full-time status or your program activity, please consult an advisor at ISSS.
If you are in F or J status, be sure to have your I-20 or DS-2019 endorsed by ISSS for reentry before traveling outside the US.

As additional evidence of your current full-time status at Penn, it may be advisable to take along an unofficial transcript of your coursework through Penn In Touch. This unofficial transcript corroborates the signature on your I-20 or DS-2019. Just be sure that it reflects your full-time study for each semester attended.

If you are a scholar in H status, be sure to travel with your I-797, H approval notice, your copy of I-129 petition and Labor Condition Application, a letter from your department, and your most recent pay stub verifying your employment at Penn.
We now recommend that you carry your valid immigration documents if you are traveling within the United States.

While it is unlikely that you will be asked for these documents specifically, they do provide the best evidence of your identity and your right to be here. As always, do not allow your passport or immigration documents (I-94 card and endorsed I-20, DS-2019, I-797) to expire. If you do travel with your passport and immigration documents, please be sure to make photocopies and keep them in a safe place.
If you are traveling abroad and will need to obtain or renew your F, J or H visa stamp at a US consulate, make sure that the consulate where you plan to apply will be open and that there have been no significant changes in visa processing procedures.

You can obtain information about schedules and processing at many US consulates via the State Department web site, http://usembassy.state.gov/, or via telephone. If you will be applying over the Christmas Break, it is especially important to plan your visa application since the break is shorter than usual this year and US consulates will close at varying periods during the holidays. Some US consulates may close temporarily or work more slowly than usual due to heightened security concerns.
Do not engage in unauthorized employment.

This is always the most important problem for nonimmigrants to avoid. Unauthorized employment renders you out of status in the US and beyond even the power of USCIS to restore you to valid F, J or H status. Remember that the basic fact is that nonimmigrants cannot work in the US -- except as specifically provided by the narrow provisions of F, J, H or another nonimmigrant status. If you are in doubt about the specific work provisions of your status, visit http://www.upenn.edu/oip/iss/visa/ or consult with ISSS.
In light of the probable expansion in US law of the definition of terrorism, be careful to know whether any charitable organization to which you may wish to contribute is deemed by the US to have links to terrorism.

If making donations, you may wish to contribute to well-known, established groups, or be sure to do the appropriate research into the group you are choosing to support. Contributions to alleged front or terrorist-related organizations could conceivably lead to deportation proceedings against donors.
Make photocopies of your passport and immigration documents (I-94 card and I-20, DS-2019 or I-797) and keep the copies in a safe place apart from your originals.

This has always been a good thing to do. It's an even better thing now, since you may be carrying your original documents a bit more often (with a resultant increase in the possibility of losing them). In the event that you do lose a document, it's important to have a copy until you replace the original and it's usually easier to replace the original if you have a copy.

Other Important Information

Maintaining Your Lawful Nonimmigrant Status

Whether you are traveling or not, it is critically important that you continue to maintain your legal student or scholar status in the US. F-1 and J-1 students must maintain full-time enrollment. Always talk with an ISSS adviser before taking a reduction in your course load or a leave of absence, as these two actions can both affect your lawful student status. Do not work without the prior authorization. Persons holding J-1 scholar, H-1B, O-1 or TN status must not accept employment that is not noted on their immigration documents. And everyone needs to keep their immigration documents current; do not let your I-20 or DS-2019 form expire.

Keeping Current on Travel and Immigration Issues

Make sure to periodically check this web site for changes in immigration regulations. As always, if you have concerns or questions, please come and see us. We will continue to monitor the proposed legislation and related developments and will keep you posted. If you have any experience traveling that concerns you or that you think it would be helpful for us to know about, please get in touch with an ISSS staff member.

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ISSS will continue to update its web site as new information becomes known to us, but as these changes can come with little or no notice to the public, it is best to talk with us before making your travel plans. Please also note that ISSS and many other university offices will be closed during holiday breaks, and be sure to make your plans or contact our office in a timely manner. USCIS and US State Department Requirements Special Registration (NSEERS) Special Registration, also called National Security Entry-Exit Registration System (NSEERS), is a system that will let the US government keep track of certain foreign nationals temporarily in the United States. International student & scholars are generally informed whether they are subject to NSEERS upon entry into the US. Failure to comply with Special Registration regulations can lead to criminal charges and/or deportation. Reporting Change of Address USCIS has recently indicated that it intends to monitor and enforce a long-standing but previously ignored law requiring nonimmigrants and permanent residents in the US to notify USCIS of a change of address. Visa Processing Concerns Due to the latest USCIS and State Department requirements and security initiatives mentioned below, please be sure to check with the US Embassy or Consulate you plan to visit about their procedures and timing for processing visa applications. Security Advisory Opinion from US Consular Posts Abroad US Consular posts abroad, at their discretion, may request a "security advisory opinion" from the US Department of State in Washington D.C. A response to this request can take as long as one month, and a visa will not be issued until a ruling is received. You will have to wait outside the United States until your new visa is issued. Please make your plans accordingly. For more guidance on this, please visit http://travel.state.gov/visa/reciprocity/index.htm. Security Check Procedures Adds Delay to Visa Issuance for Certain Nationals Effective November 13, 2001, certain nonimmigrant visa applicants became subject to an additional security check clearance procedure before being issued a nonimmigrant visa. Sources indicate that the following individuals may be subject to this additional check: between the ages of 16 and 45 from one of the following countries: Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen. Visa applicants from these countries are required to complete a detailed questionnaire on their backgrounds, including information about any military service and weapons training, previous travels, and whether applicants previously had any other passports. If the nonimmigrant was born in a country now requiring enhanced scrutiny, the individual may be subject to these requirements, regardless of current citizenship. New Form - Supplemental Nonimmigrant Visa Application Form In addition, the DOS has introduced a new form, Supplemental Nonimmigrant Visa Application (DS-157). For a copy of the form, please visit http://travel.state.gov/visa/frvi_forms.html. All male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, must complete and submit a DS-157 to the US embassy/consulate where they will apply for a visa. This form is in addition to the usual Nonimmigrant Visa Application (DS-156). Traveling Through A Third Country Should you be traveling to or through a country other than your country of citizenship, you should contact the consulate of the country you will visit to ask about any changes in entry/transit visa requirements. For students who typically travel through London, it appears that the British government has tightened its transit visa procedures and is now requiring nationals of certain countries to obtain transit visas in order to transfer planes between Heathrow and Gatwick. Contact information for the various foreign consulates in Washington, DC can be found at http://embassy.org. New Interview Requirement Will Delay Visa Processing at US Consular Posts If you plan to travel abroad and obtain or renew a US visa stamp before you return you will first need to make sure that it will be possible to get the visa in the time you have available. Delays in visa issuance are expected because the new rules require consular officers to interview most visa applicants in person but do not provide additional resources to handle the increased workload. Consular posts that do not already have appointment systems have been instructed to consider establishing them and the Department of State has acknowledged that "many posts will face interview backlogs." Posts must implement the new interview rules, sent to consular officers May 21, "as soon as possible, but no later than August 1, 2003." ISSS has learned that some posts have already begun to implement the new system. The Department of State has said that the new rules are part of its continuing efforts "to improve the security of the visa process" and US security. Visa Processing in Canada and Mexico Visa processing for non-Canadian or Mexican citizens in these countries has become more uncertain. ISSS recommends that individuals who are not citizens of Canada or Mexico refrain from applying for initial or renewal visa stamps in these countries. However, we are providing the latest visa processing information in these countries below as a general guide: US consulates in Canada and Mexico continue to schedule online and telephonic appointments for certain third-country national nonimmigrant visa processing at border posts in Canada and Mexico. However, they recommend that once receiving an appointment, you wait of at least five days before making travel arrangements to avoid any inconvenience from possible changes in processing. If you are from one of the countries now requiring additional name check/security screening (see below and visa processing above), processing in Mexico and Canada may not be permitted and any appointments made may be cancelled within five days. US Department of State announces changes in requirements for travel to Canada and amends "automatic revalidation of visa benefit." Effective April 1, 2002 the State Department of State modified the "automatic revalidation of visa" benefit [22 CFR 41.112(d)] that allows certain nonimmigrants to reenter the United States after a 30-day or less visit to "contiguous territory" (Canada, Mexico, and, in the case of F and J nonimmigrants, the "adjacent islands other than Cuba") without having to obtain a new visa prior to reentry. Up until now, persons in F and J who were maintaining their nonimmigrant status in the United States, and who traveled to Canada, Mexico or the contiguous islands, for 30 days or less, could reenter with their Form I-94, a valid passport, and a current copy of the form I-20 or DS-2019, plus a previously-issued visa (which could be expired, or even in a different category than the I-94). Persons in H-1 or O-1 status were also eligible to use the automatic revalidation after trips of 30 days or less to Canada or Mexico, as long as they had a valid I-94, passport and a USCIS-issued I-797. Canadian-landed immigrants will require a visa to enter the US. There are two important changes to the benefit: For any individual (regardless of nationality) who applies for a new visa while in Canada, Mexico or the contiguous islands, the automatic revalidation of visa will no longer apply. That means, if you apply for a new F or J visa, you must receive the new visa before being able to reenter the US. If your application for a new visa is denied, you will likely have to leave Canada and return to your home country to obtain a new visa in order to return to the US. Also if you apply for a visa and are subject to a security clearance that may require 20 days to obtain, you will not be able to return to the US under the provisions of automatic revalidation. You should weigh carefully the decision to travel to Canada for the expressed purpose of applying for a new visa. Citizens of Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba will no longer be eligible for the automatic revalidation of visa benefit. For example, if you're a citizen of Syria and your visa stamp in your passport has expired, you will not be able to reenter the US even if your stay in the "contiguous territory" is less than 30 days. You will have to obtain a new visa stamp to reenter the US. This process can be expected to take at least 20 working days. If you are planning to apply for a new visa in Canada, Mexico, or other contiguous territory, and you have an expired visa in your passport, please check with ISSS before making the arrangements to go to Canada. Travel Recommendations Travel Documents If you are planning to travel outside the US, you must be certain to have the correct documentation for reentry to the United States. These include: Passport Make sure your passport is valid for a minimum of six months in the future. US Immigration Documents F-1 students should have a valid I-20 with an ISSS endorsement dated within 1 year (365 days) of reentry to the US. J-1 students and scholars should have a valid DS-2019 form with an ISSS endorsement dated within 1 year (365 days) of reentry to the US. H-1B and O-1 visa holders should carry their original I-797 approval notice and a letter from their department confirming their Penn appointment. If you need a new H-1B or O-1 visa stamp in your passport, you must have a copy of the I-129 petition submitted to USCIS. US Visa Stamp If the visa stamp in your passport has expired, or you require a new visa stamp, you will need to visit a US consulate or embassy abroad to apply. Check the web site of the consulate to learn of any new procedures or requirements. The US Department of State maintains a list of Links to United States Embassies and Consulates Worldwide: http://travel.state.gov/visa/questions_embassy.html. Penn Documents All Penn affiliated individuals should carry their Penn ID card. Students should carry an updated financial support document (e.g. an award letter, and a copy of your financial aid award, a bank letter confirming personals funds, etc.) If applying for a new US visa stamp, carry a copy of your transcript as evidence that you've been a full-time student. General Recommendations Be sure to maintain full-time status if you are a student. Be sure to remain engaged in your authorized program activity if you are a scholar. For undergraduate students, full-time status requires registration for at least four courses per semester, except in the final semester of study. For most graduate students, full-time status requires registration for at least three courses or the thesis -- but some graduate programs have higher requirements; check with your department or ISSS if you are not sure. For scholars, maintenance of status requires continuous engagement in the activity for which you are present at Penn. If you are not sure that you're maintaining full-time status or your program activity, please consult an advisor at ISSS. If you are in F or J status, be sure to have your I-20 or DS-2019 endorsed by ISSS for reentry before traveling outside the US. As additional evidence of your current full-time status at Penn, it may be advisable to take along an unofficial transcript of your coursework through Penn In Touch. This unofficial transcript corroborates the signature on your I-20 or DS-2019. Just be sure that it reflects your full-time study for each semester attended. If you are a scholar in H status, be sure to travel with your I-797, H approval notice, your copy of I-129 petition and Labor Condition Application, a letter from your department, and your most recent pay stub verifying your employment at Penn. We now recommend that you carry your valid immigration documents if you are traveling within the United States. While it is unlikely that you will be asked for these documents specifically, they do provide the best evidence of your identity and your right to be here. As always, do not allow your passport or immigration documents (I-94 card and endorsed I-20, DS-2019, I-797) to expire. If you do travel with your passport and immigration documents, please be sure to make photocopies and keep them in a safe place. If you are traveling abroad and will need to obtain or renew your F, J or H visa stamp at a US consulate, make sure that the consulate where you plan to apply will be open and that there have been no significant changes in visa processing procedures. You can obtain information about schedules and processing at many US consulates via the State Department web site, http://usembassy.state.gov/, or via telephone. If you will be applying over the Christmas Break, it is especially important to plan your visa application since the break is shorter than usual this year and US consulates will close at varying periods during the holidays. Some US consulates may close temporarily or work more slowly than usual due to heightened security concerns. Do not engage in unauthorized employment. This is always the most important problem for nonimmigrants to avoid. Unauthorized employment renders you out of status in the US and beyond even the power of USCIS to restore you to valid F, J or H status. Remember that the basic fact is that nonimmigrants cannot work in the US -- except as specifically provided by the narrow provisions of F, J, H or another nonimmigrant status. If you are in doubt about the specific work provisions of your status, visit http://www.upenn.edu/oip/iss/visa/ or consult with ISSS. In light of the probable expansion in US law of the definition of terrorism, be careful to know whether any charitable organization to which you may wish to contribute is deemed by the US to have links to terrorism. If making donations, you may wish to contribute to well-known, established groups, or be sure to do the appropriate research into the group you are choosing to support. Contributions to alleged front or terrorist-related organizations could conceivably lead to deportation proceedings against donors. Make photocopies of your passport and immigration documents (I-94 card and I-20, DS-2019 or I-797) and keep the copies in a safe place apart from your originals. This has always been a good thing to do. It's an even better thing now, since you may be carrying your original documents a bit more often (with a resultant increase in the possibility of losing them). In the event that you do lose a document, it's important to have a copy until you replace the original and it's usually easier to replace the original if you have a copy. Other Important Information Maintaining Your Lawful Nonimmigrant Status Whether you are traveling or not, it is critically important that you continue to maintain your legal student or scholar status in the US. F-1 and J-1 students must maintain full-time enrollment. Always talk with an ISSS adviser before taking a reduction in your course load or a leave of absence, as these two actions can both affect your lawful student status. Do not work without the prior authorization. Persons holding J-1 scholar, H-1B, O-1 or TN status must not accept employment that is not noted on their immigration documents. And everyone needs to keep their immigration documents current; do not let your I-20 or DS-2019 form expire. Keeping Current on Travel and Immigration Issues Make sure to periodically check this web site for changes in immigration regulations. As always, if you have concerns or questions, please come and see us. We will continue to monitor the proposed legislation and related developments and will keep you posted. If you have any experience traveling that concerns you or that you think it would be helpful for us to know about, please get in touch with an ISSS staff member. Related Links: Travel and Reentry Travel to Canada Holiday Travel Outside the US What To Do If Your I-20/DS-2019 Isn't Signed Return to Visa Information
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