Permission required to leave the US for a week as an H1B holder?

[Crazydre95]

Hello everyone! I have a friend who is a Mexican citizen and has been in the US for 4 years on an H1B visa. Since January 2014, however, his life has been upside down, although it's slowly being sorted out.

He went to Austria for a week to see his girlfriend at the time; however, upon returning to the US, he was arrested at Seattle-Tacoma Airport and detained at an immigartion detention centre for 4 months before bein released. He's been told he is no longer getting any nonimmigrant visa, and, consequently, is now putting his hope into becoming a permanent resident (which his entire family, except him, are). He's currently in Possession of an employment authorisation Card (which is a great start)

According to my friend, the Problem was that he did not have a Special Permit needed to leave the Country. However, from what I have read, no such Thing is supposed to be needed in the first place. When asking him about it, he meekly said "border corssing Card", which I know for a fact has nothing to do with travelling to Europe.

I know he has a tendency to misunderstand things and seems somewhat aloof at times (haven't ever met him IRL)

My question to you is: what would be the actual reason for his pedicament? In other words, where did he go wrong? His H1B was fully valid upon his return, he was only in Europe for a week, and yet, he was arrested.

Thanks in advance for any help

[inadmissible]

These "I'm asking a question for a friend" type things never work out, because you don't have the full story. For your friend who you have never met in real life? Lol.

It is pointless to go through a "what could have gone wrong?" exercises.

I'm going to guess that he had an outstanding warrant for a criminal act that would render him inadmissible under section 212 of the Immigration and Naturalization Act.

He could have been out of status on his visa (for instance his employment was terminated or modified beyond the scope of the H1-B authorization), but in that case he would have just been turned away at the airport. That is traumatic enough, but they wouldn't have spent taxpayer money detaining him for 4 months.

He could have committed a low level crime (like DUI) but that would not have rendered him inadmissible.

CBP will have given him written paperwork upon release/deportation explaining why they did what they did. It may be terse and only cite statutes, but that is descriptive enough for anyone who uses Google search.

[Crazydre95]

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These "I'm asking a question for a friend" type things never work out, because you don't have the full story. For your friend who you have never met in real life? Lol.

We practice the same sport, and he is rather famous within the American community, so it definitely is a real Person. Though like I said, what he tells me I find no Support for (I mean, Border crossing Card to Europe? Really?)

As I said, although he still has his case pending (until July) he is free and has an employment authorisation card but no document valid for re-entry (until he, hopefully, gets a Greencard), whereby he cannot travel abroad for the time being.

I am well Aware that I don't know the full Background, which is why I'm simply seeking to know is whether there is indeed a Permit needed for H1B holders to leave the Country, or if he's misunderstood the issue completely and it is actually about something else? That's all.

To clarify, he was working as a bartender at the time and simply took a week in Austria (which his ex, also a friend of mine, can verify).

[inadmissible]

I can assure you, H1-B visas are not issued for bartenders. It is not the kind of "specialty occupation" for which these visas are granted. But to answer your question (which I failed to do before) there are no re-entry permit requirements for H1-B visa holders. They can leave and return for as long as their visa is valid. Keep in mind that a visa is more than a sticker or a stamp in his passport, aliens lose their visa privileges by not complying with its terms. In such a situation, they will be denied entry despite the facial validity of their visa sticker.

[Crazydre95]

I can assure you, H1-B visas are not issued for bartenders. It is not the kind of "specialty occupation" for which these visas are granted. But to answer your question (which I failed to do before) there are no re-entry permit requirements for H1-B visa holders. They can leave and return for as long as their visa is valid. Keep in mind that a visa is more than a sticker or a stamp in his passport, aliens lose their visa privileges by not complying with its terms. In such a situation, they will be denied entry despite the facial validity of their visa sticker.

So he couldn't even correctly tell me what visa he had? *facepalm*

Would it be H2B or H3 then? Does it make any difference in this particular regard=

[inadmissible]

The easiest visa for Mexican nationals to obtain are TN-2 visas, thanks to the North American Free Trade Agreement. These visas are for professionals in specialty occupations, just like the H-1B visa, but is not subject to the numerical caps of the H-1B program. Bartender (or mixologist or sommelier) are not specialty occupations covered by this agreement.

There are some Mexican nationals who are here without any visa at all, because entered the country without being inspected by immigration officers.

None of these are subject to re-entry permits. Re-entry permits can be issued to aliens who have pending applications for green cards (a process called Adjustment of Status), who use it when their original valid visa status expires before their AoS application is approved.

Aliens are only entitled to green cards under very specific situations.

[Crazydre95]

The easiest visa for Mexican nationals to obtain are TN-2 visas, thanks to the North American Free Trade Agreement. These visas are for professionals in specialty occupations, just like the H-1B visa, but is not subject to the numerical caps of the H-1B program. Bartender (or mixologist or sommelier) are not specialty occupations covered by this agreement.

There are some Mexican nationals who are here without any visa at all, because entered the country without being inspected by immigration officers.

I actually did not know about that type of visa (I don't live in the US myself). Thanks for that. I'm def. gonna ask him to scan his old visa and Show me (he has been offering me to but not had Access to a scanner). If I can read what it says (I'm used to analysing pasport and visa Content) I may get a step closer to understanding the Problem.

EDIT: now he tells me they took the visa from him in Seattle...

[inadmissible]

(he has been offering me to but not had Access to a scanner). If I can read what it says (I'm used to analysing pasport and visa Content) I may get a step closer to understanding the Problem.

It is his leagues attorney who should be trying to get closer to understanding the problem. As for the scanner, I see sub-Saharan teenagers posting selfies using their mobile phone; I'm sure you friend can swing something if he wanted to.