USCIS Removes Receipt Rule for International Travel for Certain H and L Nonimmigrants

On November 1, 2007, the United States Citizenship and Immigration Services (USCIS) published a final rule removing the requirement that certain H and L nonimmigrants (including dependents in H-4 and L-2 status) returning to the United States after international travel must present receipt notices evidencing pending adjustment of status applications to avoid having such applications deemed abandoned. Adjustment of status is the final stage in the green card process where the principal applicant and family members file applications with USCIS to establish admissibility as permanent immigrants. USCIS noted that for a variety of reasons delays can occur in the issuance of adjustment of status receipt notices and that such delays result in hardship to foreign nationals in H or L status who wish to travel abroad. USCIS also noted that removing this requirement will not adversely impact the agency’s ability to properly admit foreign nationals to the United States. Any foreign national who departs the United States and seeks readmission must still establish eligibility for admission. The tremendous influx of filings received by USCIS during the summer that resulted in extended delays in the issuance of receipt notices prompted USCIS to issue this new rule.

How This Affects You

Foreign nationals in possession of valid H or L visas who are working for the H or L petitioning employer, and their dependents in H-4 or L-2 status, who have pending adjustment of status applications may now travel internationally prior to receiving receipt notices in connection with their adjustment of status applications.

Morgan Lewis will continue to monitor this process and will update you with any new information as it becomes available. If you have any questions about any of the issues raised in this Morgan Lewis Immigration Alert, please contact:

San Francisco
A. James Vázquez-Azpiri
Lance Nagel
 
Washington, D.C.
Eleanor Pelta
Eric S. Bord