Legal definition of Automatic visa revalidation
The Automatic Visa Revalidation allows certain foreigners in the United States to re-enter the country with an expired visa after a short trip to another country, without needing to apply for a new visa. This procedure temporarily extends the validity of the expired visa so that its holder can renew it. For example, an H-1B worker in the United States can use an expired F-1 visa to return to the country through automatic visa revalidation, only if the applicant meets the required criteria.
To qualify for automatic visa revalidation, foreigners must meet several conditions. This legal practice is only accessible if :
- Applicants limit their travel to a duration of 30 days and do not apply for a new visa during their stay.
- The program applies only to non-citizens holding a U.S. visa and who have stayed in Canada and/or Mexico.
- Their passport must be valid for at least six months from the date of return to the United States.
- The automatic revalidation program is not available to nationals of countries that sponsor terrorism.
- For H-1B visa holders, they must have a portion of the approval notice (located at the bottom left of Form I-797), possess a valid I-94 record, or an admission stamp.
- These individuals must also apply for readmission to the United States during the authorized period of their immigration status, with the intention of resuming their non-immigrant status.