Does an approved I-140 prevent me from leaving the U.S.?

No. An approved I-140 does not, by itself, prevent you from traveling outside the United States. In the EB-2 NIW, this petition establishes that you are qualified to pursue permanent residence, but it does not function as a visa that restricts your mobility.

The key distinction is between the I-140 and the adjustment of status (I-485). The I-140 recognizes your eligibility in the category; the I-485 is the process that actually changes your status to permanent resident. It is during the I-485 stage that travel requires greater care.

• If you have not yet filed for adjustment of status, leaving the country generally does not affect an approved I-140.
• If the I-485 is already pending, it is prudent to obtain travel authorization (Advance Parole) before leaving the U.S., to avoid jeopardizing your reentry.
• Always verify that your visa and other documents allow you to return.

Because every case has its own circumstances, it is worth confirming current guidance with USCIS and aligning your travel plans with a trusted professional before you depart.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.