Visa question of the month - Automatic revalidation

We have successfully extended the work permit and L-1 residence status of an employee in the USA. As the employee's visa has expired in the meantime, we have already made an appointment at the US consulate to renew his visa in Paris in November 2024. In the meantime, the employee urgently needed to attend another conference in Canada. However, he would not be able to return to the USA without a valid L-1 visa. Is this correct?

For foreign nationals, lawful status within the US remains unaffected even if the visa in their passport expires while they are in the United States. However, returning to the USA after a stay abroad requires a new visa stamp, which must be applied for at a US consulate before re-entry.
It is therefore correct in principle that your employee must not only have a valid work permit (=I-797 Approval Notice) to re-enter the USA after leaving the country, but also a valid L-1 visa in their passport. Only both together authorize entry into the USA.

One major exception to this rule is the automatic revalidation procedure, better known as the contiguous territory rule. This provision applies to individuals with a nonimmigrant visa who intend to return to the USA after a short trip to Mexico or Canada – although this is only possible under strict conditions for your employee:

• Your employee may leave the United States for a maximum of 30 days and only for stays in Canada or Mexico. For example, only F or J visa holders can also visit the neighboring Caribbean islands (adjacent islands), such as the Dominican Republic, Jamaica or the Bahamas.
• Your employee must still have a valid L-1 status in the USA (= valid, unexpired I-94 Arrival / Departure Record).
• Your employee must be in possession of a valid, unexpired work permit (= I-797 Approval Notice).
• Your employee must be able to present a valid passport including the expired L-1 visa.

If these conditions are met, your employee can also leave the country before the visa renewal at the US consulate in Paris for a short participation in the conference in Canada – under the conditions mentioned above. When re-entering the USA (within 30 days), the relevant documents must be presented to the border officers; ideally, a copy of the US employment contract and, if necessary, a short letter of confirmation from the US company should also be enclosed. U.S. Customs and Border Protection will check the documents and if all conditions are met, your employee can re-enter the country – even without a valid L-1 visa – as an exception. From the point of view of the US authorities, the expired US visa is considered to be "automatically extended" until the application for re-entry is submitted at the border.