INS PROVIDES ADVANCE PAROLE EXEMPTIONS FOR H-1s

H-1B Visa and Immigration
	LAW OFFICE OF AJAY K. ARORA Empire State Building 350 Fifth Avenue, Suite 1415A New York, NY 10118 Phone: (212)268-3580 Fax: (212)268-3582 Email: info@h1b1.com

Disclaimer: This article is not intended to establish an attorney-client relationship. All information contained herein is generalized. Any reliance on information contained herein is taken at your own risk.

INS PROVIDES ADVANCE PAROLE EXEMPTIONS FOR H-1s

The Immigration and Naturalization Service now permits H-1 and L-1 visa holders who have applied for adjustment of status to travel without advance parole. [Federal Register: June 1, 1999, Pages 29208-29212].

Adjustment of status is the last step in the process towards permanent residency. Obtaining adjustment of status may take well over one year. Prior to the new rule, an adjustment applicant was unable to depart the U.S. temporarily without first seeking advance parole. If a person left without advance parole, the application would be deemed abandoned.

The new INS policy allows a nonimmigrant on an H-1 or L-1 visa who is in the U.S. temporarily to maintain such status while an application for permanent residency is pending. The law already permits people on H-1 and L-1 visa to maintain a “dual intent” with respect to their stay in the U.S. The bottom line is that the new rule exempts H-1 and L-1 nonimmigrants remaining in valid status with a pending adjustment of status application (as well as their dependent family members remaining in valid status) from having to obtain advance parole prior to traveling outside the United States. Such individuals can be re-admitted on the H-1 and L-1 visas (or the dependent visas).

H-1 and L-1 visa holders have the option of applying for "general" employment authorization upon applying for adjustment of status. General employment authorization allows the adjustment applicant to work for another employer. Please note that if an individual chooses to work for employers not authorized by the H-1 or L-1 visa terms, however, and thereafter wishes to travel, advance parole will be required, and the applicant would no longer be considered to be in valid H-1 or L-1 status. Click here for the full text of the Federal Register.

[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]

Ajay K. Arora, Esq., is a prominent member of the Immigration & Nationality bar in New York City and a member of the American Immigration Lawyers Association. He may be contacted at (212)268-3580.