When Your PERM Application Is Approved, Do You Get A Travel Document?

Introduction

Traveling is one of life’s greatest pleasures and a chance to explore new destinations and immerse oneself in different cultures. However, when you have an ongoing immigration process, such as a PERM application, it can be challenging to plan trips or visit loved ones in other countries. The fear of jeopardizing your immigration status or being denied re-entry into the United States can often discourage individuals from traveling.

In this comprehensive guide, we will explore an important question that arises when your PERM application is approved: Do you get a travel document? We will delve into the process of obtaining a travel document and discuss the various options available to individuals who have received approval for their PERM applications. Understanding the travel document process can help alleviate the concerns and uncertainties associated with traveling while your immigration process is in progress.

So, if you’re eager to learn about the possibilities of travel after your PERM application is approved, read on to discover the ins and outs of obtaining a travel document and the benefits it can offer.

Understanding the PERM Application

The PERM (Program Electronic Review Management) application is a crucial step in the employment-based immigration process. It is the first step for foreign nationals seeking permanent residency through employment in the United States.

The purpose of the PERM application is to demonstrate to the U.S. Department of Labor (DOL) that there are no qualified U.S. workers available to fill the position being offered to the foreign national. This process ensures that the hiring of the foreign worker will not negatively impact the job market for U.S. workers.

Employers are responsible for initiating the PERM application on behalf of their prospective employees. The application involves several key steps, including conducting a careful recruitment process to assess the availability of qualified U.S. workers and filing the required forms and documentation with the DOL.

The PERM application process typically involves advertising the job opening, interviewing potential applicants, and documenting the recruitment efforts. The employer must also show that they have offered the job to any qualified U.S. workers who have applied and meet the minimum requirements.

Upon successful completion of the PERM application process and approval from the DOL, the employer can proceed with the next stages of the employment-based immigration process.

It is important to note that the PERM application is specific to the employer and the job being offered. If the foreign national changes employers or the job position significantly, a new PERM application may be required.

Now that we have a basic understanding of the PERM application, let’s explore what happens once the application is approved and how it impacts travel plans.

Approval of the PERM Application

After an employer successfully completes the PERM application process and receives approval from the DOL, it signifies that there are no available and qualified U.S. workers for the job being offered to the foreign national. This approval is a significant milestone in the employment-based immigration process as it paves the way for further steps towards obtaining lawful permanent residency in the United States.

Once the PERM application is approved, the employer can proceed with filing an immigrant petition on behalf of the foreign national. This petition, commonly known as Form I-140, is submitted to the United States Citizenship and Immigration Services (USCIS).

The USCIS will review the Form I-140 and assess the eligibility of the foreign national for the specific employment-based immigrant category. If approved, the USCIS will issue an approval notice, which brings the foreign national one step closer to obtaining permanent residency status in the United States.

It is important to note that the approval of the PERM application does not automatically grant the foreign national the right to travel in and out of the United States. In order to travel, additional steps need to be taken to obtain a travel document.

Next, we will explore the process of obtaining a travel document after the PERM application approval and discuss the different options available for individuals in this situation.

Travel Document Application Process

Once your PERM application is approved and you are in the process of seeking permanent residency in the United States, you may need a travel document to travel in and out of the country. A travel document, also known as a re-entry permit or advance parole, allows individuals with pending immigration applications, like the adjustment of status, to leave the United States temporarily and return without jeopardizing their immigration status.

The application process for a travel document involves several steps:

1. Complete the application: Start by filling out the appropriate application form, either Form I-131, Application for Travel Document, or Form I-131A, Application for Travel Document (Carrier Documentation).
2. Gather supporting documents: Along with the application, you will need to provide supporting documents such as a copy of your PERM approval notice, a valid passport, and two passport-sized photographs.
3. Submit the application: Once you have completed the application and gathered the necessary documents, submit them to the USCIS. Be sure to follow the specific filing instructions provided in the application form or on the USCIS website.
4. Pay the application fee: There is a required application fee for a travel document. Refer to the USCIS website or the instructions provided in the application form for the current fee amount and accepted payment methods.
5. Attend biometrics appointment: As part of the application process, you will be required to attend a biometrics appointment to provide your fingerprints, photograph, and signature.
6. Wait for approval: After submitting your application and completing the biometrics appointment, you will need to wait for your application to be processed and approved. The processing time can vary, so it’s essential to check the USCIS website for the most up-to-date information.

Once your travel document application is approved, you will receive the document, which will allow you to travel in and out of the United States while your immigration process is ongoing. Keep in mind that a travel document is generally valid for a specified period of time, so it’s important to plan your travel accordingly.

Now that you understand the travel document application process, let’s explore the different travel document options available for individuals who have obtained the approval for their PERM applications.

Travel Document Options

There are two main travel document options available for individuals who have obtained approval for their PERM applications: re-entry permits and advance parole.

Re-entry Permit: A re-entry permit, also known as Form I-131, is a travel document specifically designed for lawful permanent residents (LPRs) who plan to travel outside the United States for an extended period of time, typically between 6 months and 2 years. This document allows LPRs to maintain their status while abroad and facilitates their re-entry into the United States without disrupting their permanent residency.

Advance Parole: Advance parole, also known as Form I-131, is a travel document available to individuals with pending immigration applications, such as adjustment of status. It grants temporary permission to leave the United States and return without abandoning the pending application. Advance parole is typically valid for multiple entries and can be used for various reasons, including humanitarian, educational, or employment-related travel.

When applying for a travel document, you will need to specify the purpose of your travel and provide supporting documentation. For example, if you are applying for advance parole, you may need to demonstrate humanitarian reasons, employment opportunities, or educational purposes.

It is important to note that the travel document you obtain will depend on your specific immigration status and circumstances. Consulting with an immigration attorney or seeking advice from the USCIS can help determine the most appropriate travel document option for your situation.

Keep in mind that obtaining a travel document does not guarantee entry into other countries. It is essential to research and comply with the entry requirements of the country you plan to visit, including obtaining necessary visas or permits from that country’s government.

Now that you are aware of the travel document options available, let’s discuss the benefits and limitations of having a travel document while your immigration process is in progress.

Benefits and Limitations of a Travel Document

Having a travel document, whether it is a re-entry permit or advance parole, can offer several benefits for individuals with approved PERM applications who wish to travel while their immigration process is ongoing:

1. Ability to Maintain Immigration Status: With a travel document, you can travel outside the United States without jeopardizing your immigration status. This allows you to visit family, attend important events, or pursue professional opportunities while your PERM application remains in progress.

2. Easy Re-entry to the United States: A travel document facilitates smooth re-entry into the United States after your travels. This eliminates the need for a visa or additional paperwork at the port of entry, making the process quicker and more efficient.

3. Flexibility in Travel Plans: Having a travel document gives you the freedom and flexibility to plan your trips without the worry of being denied entry or experiencing complications at the border. You can explore new destinations, connect with loved ones, and immerse yourself in different cultures, all while pursuing your immigration goals.

However, it is important to consider the limitations of a travel document as well:

1. Conditional Validity: Travel documents, such as re-entry permits or advance parole, are typically valid for a specified period of time. It is crucial to plan your travel within the validity period to ensure that you can return to the United States without any issues.

2. Country-Specific Entry Requirements: While a travel document allows you to enter and exit the United States, it does not guarantee entry into other countries. Each country has its own entry requirements, including visa applications, health screenings, and quarantine protocols. It is essential to research and comply with the entry requirements of your destination country.

3. Potential Risks: Although having a travel document reduces the risk of immigration-related issues, there is still a small element of unpredictability when traveling. Unforeseen circumstances, such as changes in immigration policies or border restrictions, could potentially impact your ability to re-enter the United States smoothly.

It is crucial to consult with an immigration attorney or seek guidance from the USCIS to fully understand the benefits and limitations of a travel document based on your specific immigration status and circumstances.

Now that we have explored the benefits and limitations of a travel document, let’s wrap up our discussion on traveling after the approval of your PERM application.

Conclusion

Obtaining approval for your PERM application is a significant milestone in your journey towards permanent residency in the United States. While it is a cause for celebration, it may also raise questions about your ability to travel. Fortunately, with the appropriate travel document, you can explore new destinations, visit loved ones, and pursue professional opportunities without compromising your immigration status.

Understanding the travel document application process is essential to ensure a smooth and hassle-free travel experience. Whether you opt for a re-entry permit or advance parole, both options provide benefits and limitations that align with your specific circumstances.

With a travel document, you can maintain your immigration status, easily re-enter the United States, and enjoy the flexibility to plan your travel without the fear of being denied entry. However, it is vital to be aware of the conditional validity of the travel document and the country-specific entry requirements of your destination.

As you embark on your travel plans, it is advisable to consult with an immigration attorney or seek guidance from the USCIS to ensure that you have the most accurate and up-to-date information related to your travel document application process.

Remember, having a travel document opens up a world of possibilities for you while your PERM application remains in progress. It allows you to embrace new adventures, strengthen personal connections, and enhance professional opportunities while moving closer to your goal of obtaining permanent residency in the United States.

So, with your travel document in hand, don’t hesitate to explore the world and make the most of this exciting phase in your immigration journey.