Advance parole for F-1s, J-1s, J-2s, O-1s, and TNs
If you are an F-1, a J-1, a J-2, an O-1, or a TN and you have any form of employment that is authorization based on your visa status, you must apply for employment authorization on Form I-765 when you file for advance parole.
Travel abroad and return to the United States on an advance parole document ends your previous status. Any employment that is authorized by that status also ends. After your re-enter on the parole document, you must have the Employment Authorization Document (EAD) to continue your employment. You can request work authorization by completing Form I-765.
Since EAD processing generally takes three months, we strongly advise applying for advance parole and for the EAD at the same time.
Advance parole for H-1Bs and H-4s
Travel abroad before the advance parole has been granted may cause your Form I-131 to be denied. Consider carefully if travel is required or if it can be delayed until the I-131 has been adjudicated.
If you are an H-1B specialty worker or an H-4 dependent and have not filed the I-131,you can travel if you have the following documentation:
- A valid passport with a valid H visa. (Canadian citizens do not need a visa. For others, if you do not have a valid H visa stamp, you will need to apply for a new one at a U.S. embassy or consulate if you are not using advance parole.)
- Your original USCIS approval notice (I-797) showing valid H status
- A letter from the employer that is listed on your I-797 approval notice, confirming that you continue to work in the same position for which you obtained H status
You must obtain advance parole if you meet one of these three criteria:
- You used an Employment Authorization Document (EAD) for an outside employer.
- You are an H-4 dependent who has used an EAD based on a permanent residence application.
- You are the dependent of an H-1 who has used an EAD for an outside employer.
If you are an H-1B employee and you are working only for your H-1B employer on a valid H-1B petition, you do not need to obtain an EAD after you travel with advance parole, as long as you will return and continue the employment that is authorized by your H-1B status.
We suggest showing the advance parole card and the valid H-1B petition at the port of entry.
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Regarding advance parole for F-1s, J-1s, J-2s, O-1s, and TNs, it's crucial to understand that obtaining employment authorization tied to your visa status necessitates filing Form I-765 alongside your application for advance parole. Traveling abroad and re-entering the United States using an advance parole document terminates your previous status and any associated employment authorization. After re-entering with the parole document, possessing the Employment Authorization Document (EAD) is essential to continue your employment, necessitating completion of Form I-765.
Since the processing time for EAD typically spans around three months, it's advisable to concurrently apply for advance parole and the EAD to ensure continuity in employment.
For H-1Bs and H-4s seeking advance parole, it's crucial to avoid traveling before the advance parole is granted, as it may result in denial of Form I-131. Individuals falling under the H-1B specialty worker or H-4 dependent categories, without having filed I-131, can travel provided they possess specific documentation:
- A valid passport with a valid H visa (except for Canadian citizens).
- The original USCIS approval notice (I-797) displaying valid H status.
- A letter from the employer listed on the I-797 approval notice, affirming continuation in the same position for which H status was obtained.
Advance parole is mandatory under certain circ*mstances, such as utilizing an EAD for an external employer, being an H-4 dependent who utilized an EAD based on a permanent residence application, or being a dependent of an H-1 individual who used an EAD for an external employer.
However, if an H-1B employee exclusively works for their H-1B employer under a valid H-1B petition, they do not require an EAD post-travel with advance parole, provided they return to continue employment authorized by their H-1B status.
Presenting the advance parole card and a valid H-1B petition at the port of entry is recommended for H-1B employees, ensuring seamless entry and continuation of authorized employment.
