INS Permits Use of Advance Parole, Continuation of Work in H, L Status
05/18/2000
May 18, 2000 -- INS on May 16, 2000 issued a field memorandum that reversed course from an earlier memorandum, and states that until a final rule is published, individuals who enter on advance parole and continue working on the basis of their H-1 or L-1 status will not be considered engaging in unauthorized employment. The memo states that this policy will be in force until a final rule on advance parole is published and takes effect, intimating that the policy stated in the March 14 memorandum could be reinstated as a part of the final rule. An interim rule was published on June 1, 1999 that permitted H-1 and L-1 nonimmigrants to travel without obtaining advance parole.
Typically, when individuals have adjustment of status applications on file to obtain permanent residence, they are not permitted to travel without parole. In 1997, INS stated that adjustment applicants in H-1 and L-1 status need not obtain separate employment authorization in addition to that which they already had pursuant to their nonimmigrant statuses. Individuals could thereby depart the United States, return on advance parole, and resume work pursuant to nonimmigrant status, assuming it is still valid. The June 1999 interim rule permitted individuals in H-1 and L-1 status to travel without advance parole, though many individuals have continued to use it. The March 14 memo marked a reversal of the 1997 policy, and would have required adjustment applicants to obtain separate employment authorization documents in order to work. The May 16 memo, however, reverses this, at least until a final rule is published, which is expected later this year.
Until the final rule is issued, assuming that an individual's H-1 or L-1 status has not expired, a nonimmigrant may travel and return using advance parole and continue to work pursuant to H-1 or L-1 classification. The memo states that "the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule." The implication is that the final rule will, at some point, require that an employment authorization document be obtained if an individual re-entering on advance parole plans to work.
05/18/2000
May 18, 2000 -- INS on May 16, 2000 issued a field memorandum that reversed course from an earlier memorandum, and states that until a final rule is published, individuals who enter on advance parole and continue working on the basis of their H-1 or L-1 status will not be considered engaging in unauthorized employment. The memo states that this policy will be in force until a final rule on advance parole is published and takes effect, intimating that the policy stated in the March 14 memorandum could be reinstated as a part of the final rule. An interim rule was published on June 1, 1999 that permitted H-1 and L-1 nonimmigrants to travel without obtaining advance parole.
Typically, when individuals have adjustment of status applications on file to obtain permanent residence, they are not permitted to travel without parole. In 1997, INS stated that adjustment applicants in H-1 and L-1 status need not obtain separate employment authorization in addition to that which they already had pursuant to their nonimmigrant statuses. Individuals could thereby depart the United States, return on advance parole, and resume work pursuant to nonimmigrant status, assuming it is still valid. The June 1999 interim rule permitted individuals in H-1 and L-1 status to travel without advance parole, though many individuals have continued to use it. The March 14 memo marked a reversal of the 1997 policy, and would have required adjustment applicants to obtain separate employment authorization documents in order to work. The May 16 memo, however, reverses this, at least until a final rule is published, which is expected later this year.
Until the final rule is issued, assuming that an individual's H-1 or L-1 status has not expired, a nonimmigrant may travel and return using advance parole and continue to work pursuant to H-1 or L-1 classification. The memo states that "the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule." The implication is that the final rule will, at some point, require that an employment authorization document be obtained if an individual re-entering on advance parole plans to work.
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