November 5, 2007

Changes to the USCIS Rule on Travel for H and L Nonimmigrants With Pending I-485 Adjustment of State Applications

On November 1, 2007, the Department of Homeland Security (DHS) published a final rule stating that H and L nonimmigrant visa holders returning to the United States from a trip abroad will no longer be required to present original receipt notices for their pending Adjustment of Status Applications (AOS).  During the summer an unprecedented number of Adjustment of Status applications were filed between June and August 17, 2007, many by H and L visa holders.  Until the publication of this rule, those in H and L status who wished to travel were required by regulation to have and present the original I-485 receipt notice to avoid being considered to have abandoned the I-485 application.  Given the extremely high volume of filings, the U.S. Citizenship and Immigration Service’s (USCIS) processing time for issuing receipt notices went from an average of two weeks to an average of twelve weeks or more for the I-485 applications.  This unexpected and extensive delay caused many to postpone or cancel travel plans.  Recognizing the undue burden placed on individuals in H or L status with international travel  plans, the DHS finally amended the regulation allowing for an ease in the travel requirement.   

Although this new rule minimizes the burden for certain H and L nonimmigrants who wish to travel immediately after filing their adjustment of status, it is important to note that anyone who does not have valid H-1B or L-1 status, must wait for their Advance Parole travel document prior to leaving the U.S.

Greenberg Traurig will continue to provide updates on these  issues as they arise.