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Immigration Update

USCIS Publishes Final Rule on Travel for H & L Nonimmigrants
Immigration Team
November 1, 2007

USCIS Publishes Final Rule on Travel for H & L Nonimmigrants

Effective November 1, 2007, USCIS published a final rule removing the requirement that certain H and L nonimmigrants returning to the United States after traveling abroad must present and I-485 receipt notice in order to avoid having that application deemed abandoned.  The purpose of this change is to eliminate an unnecessary documentation requirement for H and L nonimmigrants to produce information that is already otherwise available to the Department of Homeland Security.

When returning to the country, individuals in H or L nonimmigrant visa status must show that they remain eligible for that status and present a valid H or L visa stamp (if required). H-1 and L-1 visa holders must show that they are coming to resume employment with the petitioning employer, and in H-4 or L-2 visa holders must show that they remain otherwise eligible for that status.

New I-9 Form Imminent

The Department of Homeland Security has decided to move forward with a new I-9 form and employer handbook, perhaps as early as the week of November 5. Instead of publishing a new regulation now, DHS will go forward now with an I-9 based on current regulations, and then will publish a new regulation, with a newer I-9 form to be implemented sometime in 2008.  Please sign up for our e-Newsletters to receive further information and to view the new I-9 form.

Did You Know? 

Exploring the Benefits of E-Verify System

E-Verify is a free and simple to use web-based system that electronically verifies the employment eligibility of newly hired employees. E-Verify works by allowing participating employers to electronically compare employee information taken from the Form I-9 (the paper based employee eligibility verification form used for all new hires) against more than 425 million records in the Social Security Administration’s (SSA) database and more than 60 million records in DHS immigration databases. Results are returned within seconds.  Currently, more than 30,000 companies are enrolled in E-Verify. More than 3.2 million new hires have been processed through E-Verify and usage is growing by roughly 83 percent annually. The system is currently capable of handling up to 25 million inquiries a year. For more information on E-Verify visit www.dhs.gov/E-Verify