USCIS Eliminates I-485 Receipt Notice Requirement for International Travel

U.S. Citizenship and Immigration Services (USCIS) published a rule, effective November 1, 2007, which will eliminate the requirement that international travelers in H or L status carry their original I-485 receipt notices in order to be readmitted to the U.S.

Under current regulations, individuals in H-1B, H-4, L-1, and L-2 status can travel internationally after filing an I-485 Application for Adjustment of Status to Permanent Resident, but before receiving an Advance Parole document, if they are: (1) returning to the U.S. to resume employment with the same sponsoring H or L employer (if in H-1B or L-1 status), (2) in possession of a valid H or L visa, and (3) in possession of the original I-797 receipt notice for the I-485 adjustment of status application.

The new rule will remove the last requirement—that the H or L nonimmigrant be in possession of the original I-797 receipt notice for the I-485 adjustment of status application. Therefore, effective November 1, H or L nonimmigrants with pending adjustment of status applications must merely maintain valid H or L status and possess a valid H or L visa to travel internationally.

As a result, individuals who are maintaining valid H or L visa status in the U.S. will no longer have a restriction on international travel at the time of filing an I-485 adjustment of status application. These individuals must be physically present in the U.S. on the day the I-485 application is filed to USCIS but will not be restricted from traveling internationally once the I-485 is filed.