Hello, this is Matsui from IMS Legal Professional Corporation. Even though it's October, the days continue to be hot, but the mornings and evenings have become considerably cooler, and it feels like autumn is gradually approaching. I was also relieved to see that new rice is finally available after a shortage.
Now, I would like to consider the possibility of using a U.S. visa after returning from an assignment. Common questions about post-return visas include:
- There is a former employee whose employment has been terminated but still possesses a valid E visa. I would like to request the procedure to cancel this visa.
- Although I have returned to Japan, I still need to travel to the U.S. for business trips. Fortunately, I still hold a valid E visa or L visa. Is it okay to travel to the U.S. using this visa?
Visa cancellation?
First, regarding point 1, work visas such as the E visa are contingent on having a U.S. sponsor. The visa should have the name of the sponsoring company (U.S. company name) at the time of application listed on it. Therefore, this visa is valid as long as you are employed by the company listed on the visa. If you have already resigned from that company, you should not use the visa.
Although it is possible to enter the country with that visa, entering the U.S. with a visa from a company you have resigned from would constitute a false application, which could lead to adverse actions later on. Unfortunately, there is currently no procedure for an employer to cancel such a visa. Therefore, when an employee holding a valid visa resigns, the employer should clearly explain to the departing employee that the visa can no longer be used, perhaps even obtaining a written acknowledgment, to prevent any harm to the company.
Using a visa after returning home
Next, regarding the use of E and L visas after repatriation, typically, when you return to your home country (repatriate), your registration with the U.S. local corporation is likely to be removed, and you are usually transferred back to the parent company in Japan. In such cases, if you no longer have registration with the U.S. local corporation, you should not use the visa after repatriation.
If you are entering the US for short-term business purposes with a stay of 90 days or less, the correct way is to not use your visa, but to obtain ESTA authorization and travel to the U.S. without a visa. However, there is a possibility that you may be pointed out as having a visa at immigration. In that case, it is a good idea to explain to the immigration officer that 1) you have already returned to your home country, 2) you are no longer registered with a U.S. local corporation, and 3) you are only visiting the U.S. on a business trip, so that an ESTA entry is appropriate.
(Note that the maximum duration of stay under ESTA is 90 days. If you plan a long stay of 2-3 months, you might be suspected of working, and entry under ESTA might not be possible. Please be cautious and refer to this information.)
Things to consider
Although it is rare, if you are repatriating but still hold a registration with both the U.S. local and Japanese corporations, and you are traveling to the U.S. for business activities of the U.S. corporation, then traveling with a valid E or L visa should be fine.
I have also heard that in practice, people have used E or L visas after returning home and there have been no problems. However, for example, if that person is transferred back to work and needs to apply for a visa, strictly speaking, you will have to answer YES to the question on the online application form DS-160, "Have you ever stayed illegally, stayed in the U.S. for longer than the period of stay permitted by an immigration inspector, or committed any other act that violates the U.S. visa regulations?" In that case, if the person is deemed to have committed a malicious act, the visa may not be granted.
For these reasons, even if the visa still has time left on it, you should avoid using it carelessly.
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IMS is always available to consult on US visas. Please feel free to contact us. Note that the information in this blog is current as of posting, and for the latest information, please check the official government websites on your own.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
