Can You Travel During Employment Authorization Document Applications?

Introduction

An Employment Authorization Document (EAD) allows certain noncitizens to demonstrate authorization to work in the United States. However, having an EAD—or having a Form I-765 application pending—does not by itself determine whether a person can safely travel outside the United States and return. Travel depends on the person’s underlying immigration status and, in many cases, whether they have appropriate travel authorization.

An EAD Is Not the Same as Travel Authorization

Form I-765 is used to request employment authorization, while travel authorization is generally addressed separately. For example, a person with a pending adjustment-of-status application may need Advance Parole before leaving the United States. USCIS explains that, generally, an adjustment-of-status application may be considered abandoned if the applicant leaves the country without first obtaining Advance Parole.

This distinction is important because an approved EAD does not automatically give its holder permission to reenter the United States after international travel. Advance Parole is a separate immigration document that may allow certain individuals to seek parole into the United States after traveling abroad. USCIS also cautions that an Advance Parole document does not guarantee admission or parole; a separate decision is made when the person returns to a U.S. port of entry.

Travel Depends on Your Immigration Situation

The consequences of international travel can vary depending on the immigration benefit or status involved. Certain nonimmigrants, including some individuals maintaining valid H or L status, may fall under specific exceptions to the general adjustment-of-status travel rules. USCIS instructions identify particular circumstances in which an adjustment application may not be considered abandoned despite travel without Advance Parole.

Travel can also involve practical concerns beyond the EAD itself. Applicants should consider whether they have a valid passport, visa or other appropriate documentation, and whether their underlying immigration status permits them to return to the United States. The fact that an EAD has been approved or is still pending does not eliminate these considerations.

Conclusion

An EAD and permission to travel are separate immigration issues. Before leaving the United States, applicants should understand how travel could affect any pending immigration application and whether separate travel documentation is required.

This article is provided for general informational purposes only and does not constitute legal advice. Immigration rules and individual circumstances can vary, and procedures may change over time. Anyone considering international travel while an EAD or another immigration application is pending should consult a qualified immigration attorney regarding their specific circumstances.