USCIS Abolishes Requirement that H and L Adjustment Applicants
Present I-485 Receipt Notice for International Travel

 

Effective November 1, 2007, USCIS has removed the requirement that certain H and L non-immigrants returning to the United States after traveling abroad must present an I-485 receipt notice in order to avoid having that application deemed abandoned. The purpose of this is to eliminate an unnecessary documentation requirement on H and L non-immigrants to produce information that is already available to the Department of Homeland Security.

This Final Rule amends the previous statutory requirement that individuals in H-1/H-4 or L-1/L-2 non-immigrant visa status present the original Form I-797 receipt notice for pending adjustment of status application when returning to the United States following a trip abroad. The final rule makes no other changes to travel procedures.

When returning to the country, individuals in H or L non-immigrant visa status must show that they continue to be eligible for that status and present a valid H or L visa stamp (if required). H-1 and L-1 visa holders must show that they are coming to resume employment with the petitioning employer, and, individuals in H-4 or L-2 status must show that they remain otherwise eligible for that status.

 

Visa Descriptions:

H-1:     Individuals coming to the US to work in Specialty Occupations

H-4:     Spouses and children of H-1B, H-2A, H-2B and H-3 visa holders

L-1:      Managerial or executive level employees or employees with specialized knowledge who have been employed at a US related entity of non-US or US firm for a continuous year within the previous 3 year period

L-2:      Spouses and children of an L-1 visa holder