Wolfsdorf Rosenthal LLP

USCIS Streamlines Readmission for Certain H and L Adjustment Applicants


U.S. Citizenship and Immigration Services (USCIS) published a final rule on November 1, 2007, to streamline the readmission of certain H and L nonimmigrants who have applied for adjustment of status to become permanent residents. The rule removes the requirement that such persons present a receipt notice (Form I-797, Notice of Action) for their adjustment applications when returning to the U.S. from travel abroad.

H-1 nonimmigrants affected by this rule include those under the H-1B classification for specialty occupation workers and the H-1C classification for certain registered nurses. L-1 nonimmigrants affected by this rule include those under the L-1A classification for certain intracompany transferees who are managers or executives, and the L-1B classification for specialized knowledge workers. Dependents of affected H-1s and L-1s, who are admitted as H-4s and L-2s, are also relieved of the receipt requirement.

USCIS also noted that H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt from the advance parole requirement. Previously, they were required to present a receipt for their adjustment application at the time of readmission to the U.S. following foreign travel. The final rule eliminates the “unnecessary burden” of presenting this receipt, USCIS said, because the information in the receipt is in USCIS databases available to immigration inspectors and adjudicators. Upon application for readmission to the U.S., they still must provide evidence to a U.S. Customs and Border Protection (CBP) Inspector at the port of entry that they are:

  • Still eligible for H-1 or L-1 status,
  • Coming to resume employment with the same employer for whom they were previously employed, and
  • In possession of a valid H-1 or L-1 visa, if required.

In the case of H-4 or L-2 dependents, the spouse or parent through whom they received their H-4 or L-2 status must meet the above requirements and the dependent must remain eligible for admission in H-4 or L-2 classification.

The full text of the final rule is available at www.a257.g.akamaitech.net.

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