20 Massachusetts Avenue, NW
Washington, DC 20529
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
cc: OFFICE OF INTERNATIONAL OPERATIONS
OFFICE OF COMMUNICATIONS
From: Michael Aytes /s/
Associate Director, Domestic Operations
Date: December 5, 2006
Re: Guidance on Determining Periods of Admission for Aliens Previously in H-4 or L-2
Status; Aliens Applying for Additional Periods of Admission beyond the H-1B Six Year
Maximum; and Aliens Who Have Not Exhausted the Six-Year Maximum But Who Have
Been Absent from the United States for Over One Year.
Revisions to Adjudicator’s Field Manual (AFM) Chapters 31.2(d), 31.3(g) and 32.6
(AFM Update 06-29)
This memorandum provides guidance in three areas regarding how adjudicators should
determine periods of admissions for an alien. Specifically, this memorandum:
Clarifies that time spent as an H-4 and L-2 dependent does not count against the
maximum allowable periods of stay available to p rinc ipals in H-1B and L-1 status.
Clarifies that H-1B aliens, who qualify under American Competitiveness in the Twenty-
First Century Act of 2000 (AC21) (Pub.L.106-313) section 106(a) and (c), need not be in
H-1B status when requesting an additional period of stay beyond the six year m aximum.
Clarifies how to determine the maximum period of admission in H-1B status for a
beneficiary who was in the United States in valid H-1B status for less than the six-year