• Insights

Your Immigration Obligations: Guidance for Foreign Nationals in the United States

February 23, 2017

insight-news-default

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Fragomen in Miami, FL
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • San Diego
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Fragomen in Miami, FL
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • San Diego
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Fragomen in Miami, FL
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • San Diego
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

United States

In its first weeks, the Trump Administration has taken significant steps to increase immigration enforcement at the U.S. border and within the United States.  Though these measures concentrate largely on undocumented foreign nationals, the government’s intensified focus on enforcement means that foreign nationals who are authorized to visit, study, work or reside permanently in the United States must make sure they are meeting their immigration responsibilities.

If you are a foreign national in the United States, familiarize yourself with the following important compliance obligations.

Carry Documentation of Your Immigration Status

U.S. law requires every foreign national age 18 or older – including lawful permanent residents – to carry documentation of their immigration status in the United States.  Depending on your status, you should carry:

  • A valid, unexpired I-94 admission record.  You can print out a copy of your I-94 online at the U.S. Customs and Border Protection (CBP) website;
  • A foreign passport containing a valid CBP admission stamp;
  • A Form I-551 permanent resident card or a passport containing an I-551 stamp;
  • A USCIS employment authorization document (EAD); or
  • A Border Crossing Card, if you are a citizen of Canada or Mexico.

Failure to carry a required document is a misdemeanor punishable by a fine of $100 or 30 days in prison or both.  Convictions for this offense have not been common, but in the current climate of increased immigration enforcement, you should carry the appropriate document (or a copy) at all times.

Check Your Admission Record

If you are a nonimmigrant, make sure to check your I-94 arrival record and your passport stamp each time you return from abroad to ensure that your visa classification and your period of admission are entered correctly.  Contact your designated Fragomen team immediately  if there are any inaccuracies. If you are still at the port of entry when you notice an error, speak to a CBP officer immediately.

Make sure to note the expiration date on your I-94 record.  This date marks the end of your authorized period of admission in the United States.  Overstaying this period has serious consequences,   and could trigger laws that may result in the cancellation of your visa or cause you to be deemed unlawfully present.  If you overstay your expiration date by more than six months, you may be barred from reentering the United States for three years.  If you overstay by more than one year, you may be barred for ten years. Overstaying by as little as one day could result in the cancellation of your visa, requiring you to apply for a new visa at a U.S. consulate in your home country.

Understand the Implications of Illegal Activity

Criminal activity – including violations of federal, state and non-U.S. law – can have a significant negative impact on your U.S. immigration status.  This includes criminal convictions, as well as criminal charges and commission or admission of criminal acts, even if there is no court conviction.  There may be immigration consequences even if a charge or conviction has been dismissed, expunged or sealed, or a pardon has been granted. 

If you are arrested or charged with any crime, however seemingly insignificant, you should consult with immigration counsel before offering a plea or admitting to criminal acts.  This includes, but is not limited to, arrests or charges involving petty theft, domestic violence or driving under the influence of alcohol or while intoxicated (DUI/DWI), or any drug-related crime.  If you have been arrested or charged, no matter how minor the offense, you should consult with immigration counsel before traveling abroad or filing any application for an immigration benefit.

The potential consequences of criminal activity can include removal (deportation), inability to enter the United States or to adjust status to permanent resident (inadmissibility) or denial of naturalization to U.S. citizenship.  An arrest or conviction for DWI or DUI can result in the revocation of your visa and may prevent you from obtaining a new visa  to reenter the United States until you have been cleared by a physician recognized by the State Department, a process that can take up to one year.

Make Sure to Notify USCIS of Changes in Your U.S. Address

All non-citizens are required to notify USCIS of changes of their U.S. address within 10 days of the change.  The only exceptions are nonimmigrants who are not required to hold a visa and are in the United States for less than 30 days, and foreign nationals who hold a diplomatic visa.

You may notify the government of a change of address online at the USCIS website.  If you are an applicant for an immigration benefit, you must include the receipt number for your pending application.  In the alternative, you may file a paper address change form, but if you choose a paper filing, you must separately notify USCIS about the change of address for any pending applications.

Comply with F-1 Student Reporting Obligations

If you are an F-1 student working in optional practical training (OPT), you are obligated to notify your designated school official (DSO) of a change in your name or address or interruption of your employment that occurs during your OPT.  If you are working on a STEM extension of OPT, you must notify your DSO of changes in your legal name mailing or residential address, changes in your employer’s name or address or loss of employment within 10 days of the change.  You must also report to your DSO every six months to confirm the accuracy of reporting information in SEVIS.

During OPT, make sure that you do not exceed government limits on unemployment.  During your first 12 months of OPT, you must not accrue more than 90 days of unemployment.  If you are working on a 24-month STEM OPT extension, you must not accrue more than a total of 150 days of unemployment during your entire OPT period (or a total of 120 days if you were approved for a 17-month STEM OPT extension).  Reporting to your DSO when you begin employment can help ensure that your record in the Student and Exchange Visitor Information System (SEVIS) accurately reflects your days of employment, among other obligations.

Make Sure You Have the Appropriate Travel Documents

If you are planning to travel internationally, make sure that you and your family members have the required documentation for travel and reentry to the United States, including valid passports,  visas and other necessary documents. 

  • If you are an F-1 student, make sure you have a valid I-20 that is endorsed for international travel.
  • If you are an applicant for adjustment of status, check with your Fragomen professional to determine whether you need advance permission to travel (advance parole) before you depart. 
  • If you are a lawful permanent resident planning to depart the United States for a lengthy absence, work with your Fragomen team to determine whether you need a reentry permit and other documentation, to ensure that your residence status is not abandoned, preserve your residence for naturalization purposes or both.
  • If you are a national of Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen, contact your designated Fragomen professional before you travel, to ensure that you are not subject to travel restrictions.

For more information on travel documents, visa applications and immigration obligations, review Fragomen’s detailed guidance.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Fragomen in Miami, FL
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • San Diego
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Fragomen in Miami, FL
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • San Diego
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Fragomen in Miami, FL
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • San Diego
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Media mentions

Times of India: US Proposes Ending Deference to Past H-1B Approvals; Indians Will Be Disproportionately Impacted

Senior Counsel Mitch Wexler explains how proposed policy changes could increase scrutiny and denial rates for H-1B and other temporary work visa extensions.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Media mentions

Times of India: US Proposes Ending Deference to Past H-1B Approvals; Indians Will Be Disproportionately Impacted

Senior Counsel Mitch Wexler explains how proposed policy changes could increase scrutiny and denial rates for H-1B and other temporary work visa extensions.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 23, 2026 | 🌐Minimum Salary Changes Announced
October 22, 2026 | NetherlandsNetherlands: New Measures for Addressing Notification Non-Compliance
October 22, 2026 | United StatesUnited States: November 2026 Visa Bulletin – Employment-Based Final Action Dates Advance and Dates for Filing Hold Steady for Most Countries; USCIS to Honor Dates for Filing for Employment-Based Categories
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 23, 2026 | 🌐Minimum Salary Changes Announced
October 22, 2026 | NetherlandsNetherlands: New Measures for Addressing Notification Non-Compliance
October 22, 2026 | United StatesUnited States: November 2026 Visa Bulletin – Employment-Based Final Action Dates Advance and Dates for Filing Hold Steady for Most Countries; USCIS to Honor Dates for Filing for Employment-Based Categories
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.