The U.S. Department of Homeland Security (DHS) recently issued a clarification confirming that the vast majority of green card applicants may lawfully remain in the United States while awaiting adjudication of their I-485 adjustment of status applications. This policy update is particularly significant for the corporate executive and investor clients we serve, resolving the legal uncertainty they frequently encounter during the status transition period.

Important Notice
Previously, many clients worried whether they would be considered to be unlawfully present after their nonimmigrant visas (such as L-1 or H-1B) expired if their I-485 had not yet been approved. This means clients need not worry about a gap in status caused by visa backlogs or adjudication delays.
Important Notice
Based on our firm’s practical experience, particularly in handling L-1 multinational executive and EB-1C applications, this policy substantially reduces clients’ status risks. For example, last quarter we had a fintech client whose L-1A visa was about to expire while the I-485 adjudication remained incomplete; previously the client was concerned about the risks of departing the country or losing status. The DHS clarification allows us to advise clients with greater confidence to remain in the United States and wait, avoiding the uncertainty caused by frequent international travel.
Attorney Insight
At the same time, it must be emphasized that the protection under this policy is premised on the I-485 being filed in a timely and compliant manner. We advise clients to confirm the USCIS I-797 receipt notice at the earliest opportunity to ensure the application is formally accepted. For corporate immigration clients, the HR department should cooperate in submitting the LCA (Labor Condition Application) as soon as possible and reasonably schedule the I-485 filing to avoid a gap between visa status and the green card application. In addition, we recommend concurrently filing the work authorization (EAD) application to safeguard the lawful right to work during the waiting period and to prevent EAD delays from affecting career progression.

This clarification likewise benefits spouse and child applicants (such as those in L-2 or H-4 status), who in the past questioned the legality of their status and hesitated to file the I-485. They can now file adjustment of status applications with greater peace of mind, ensuring the security and stability of family members’ status during the waiting period.

In summary, clients may immediately take the following two specific actions: first, log in to the USCIS website to verify the status of the I-485 application and the validity period of the I-797 receipt; second, urge the corporate HR team to complete the LCA submission as soon as possible and to reasonably plan the timing of the I-485 and EAD filings to avoid a gap in status.

Although this clarification greatly improves the assurance of status continuity, specific circumstances still require analysis based on each individual’s case. We advise corporate executive and investor clients to actively take advantage of this policy window, to reasonably arrange the steps of their status transition, and to ensure continuous lawful stay and employment.

What does this mean for you? You can now confidently wait in the United States for green card adjudication without panicking over visa expiration, while promptly confirming whether your I-485 has been formally accepted and timely completing the relevant materials to avoid unnecessary requests for evidence and delays.

数据来源

[1] U.S. Department of State, travel.state.gov [2] USCIS, uscis.gov [3] 8 CFR § 274a.12(c)(9)