Receipt Notice No Longer Required for Adjustment of Status Applicants Traveling on L or H Visas

As of November 1, 2007, adjustment of status (green card) applicants holding valid L or H visas will no longer be required to present their Form I-485 Receipt Notice when re-entering the United States from abroad. Although L and H visa holders who applied for permanent residence have been allowed to travel without advance travel authorization from the U.S. Citizenship & Immigration Services (USCIS), they have been required to present a Receipt Notice for their green card application upon re-entry to the U.S. or risk a determination that they had abandoned their green card application.

Due to USCIS's inability to guarantee issuance of the I-485 receipt notices on a timely basis, USCIS has decided to eliminate the requirement for the Receipt Notice for returning travelers. As a result, L and H visa holders with pending green card applications can now re-enter the United States from trips abroad by proving that they (1) remain eligible for H or L status, (2) are re-entering the United States to resume employment with the same employer, and (3) are in possession of an H or L visa.

Please contact your Hodgson Russ immigration professional with any questions.

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