USCIS to Remove I-485 Receipt Notice Requirement for Adjustment Applicants in H-1 and L-1 Status Seeking to Travel Internationally

On November 1, 2007, the United States Citizenship & Immigration Services (“USCIS”) is expected to issue a final rule removing the requirement that H and L nonimmigrants returning from international travel must carry an I-485 receipt notice to show the filing of their adjustment of status to permanent resident application. 

Under current regulations, adjustment of status applicants maintaining H-1 or L-1 nonimmigrant status (including dependent family members in H-4 and L-2 statuses) may reenter the United States using their H or L entry documents.  However, such persons are required to carry their original adjustment of status (“I-485”) receipt notice when seeking to reenter. Although this requirement has existed for several years, Customs and Border Protection officers have rarely sought to enforce it, and it is considered by many to be an unnecessary and burdensome requirement.  

Due to the unusually high volume of adjustment of status applications that the USCIS received in July and August of this year, the agency became extremely backlogged in the issuance of I-485 receipt notices, which has placed H and L nonimmigrants who wish to travel outside the United States in the difficult position of having to decide whether to cancel a planned trip in order to comply with the receipt notice travel requirement. For this reason, and because the requirement seems to serve little purpose, the USCIS has decided to remove the requirement from the regulations. 

·         How This Affects You

The USCIS’ final rule is expected to be published in the Federal Register on November 1, 2007, and will take effect immediately.   While H and L adjustment of status applicants will not be required to be in possession of an I-485 receipt notice upon return from international travel, they must present the appropriate entry documents to be re-admitted into the United States in valid H or L status.

We will provide further information as soon as it becomes available.