Nurses often have a unique issue in qualifying for H-1B speciality work visa status since the Department of Labor ("DOL") determined Nurses only require a 2 year diploma. In contrast, an H-1B work visa is only available to professions that require a 4 year degree minimum such as an accountant. The TN work visa, available under NAFTA, is an alternative available for Canadian and Mexican Nationals.
Effective October 5, 2016, USCIS has increased the validity period for initial or renewal Employment Authorization Documents for asylum applicants from one year to two years. Applicants with pending asylum claims file Form I-765, Application for Employment Authorization, under category (c)(8). This change applies to all (c)(8)-based applications that are pending as of October 5, 2016 and all such applications filed on or after October 5, 2016.
Due to changing dynamics in the workforce on a national and global level, our lawyers have seen that new U.S. Permanent Residents are often faced with better job prospects back in their home country. This presents a dilemma when a foreign national has only been in PR status for 5 years or less.
The key issue/question presented by our PR clients is as follows: I have received an excellent job offer back in my home country. My family and I are struggling to "make ends meet" here in the U.S. If I don't accept the position within the next few days, the offer will be withdrawn. What should I do to maintain my U.S. PR status please?
Immigration Solution: First, we recommend that all PRs in this situation immediately apply for a Reentry Permit to the United States. Application for a Reentry Permit can be tricky and requires an experienced Immigration attorney to file. U.S. Customs Border and Patrol ("CBP") screens returning U.S. residents especially when it appears travel occurs every six months "or so" into the United States. This indicates that the PR may be attempting to maintain PR status, but is actually living abroad.
The Reentry Permit, when properly drafted by Immigration legal counsel, will provide the U.S. Department of Homeland Security ("DHS") information needed upfront to guard against risk of losing one's PR status. DHS, which includes CBP and U.S. Citizenship & Immigration Services, will issue a Reentry Permit to a PR once they understand the reason for residing overseas, and confirm that PR is not in violation of U.S. Immigration laws and regulations.
Alternatively, if a PR decides that they no longer want to reside in the United States, it is essential to still file the necessary paperwork with the U.S. Department of State ("DOS"). Form I-407 is the form requesting "cancellation" of ones U.S. Permanent Resident card without prejudice and is best done through a DOS U.S. Consulate.
In essence, this leaves a PR with the comfort of knowing that they may reapply in the future for PR status in the United States and have a presumption that future applications for PR status can be successful. Even for temporary visas back into the United States, vigilance with one's PR status now can make the difference in a visa being denied or approved in the future.
You may contact our office at www.scottcclaw.com to meet with one of our experienced immigration attorneys. We have different meeting and office locations based in the Washington D.C. area and surrounding states. We are members of the American Immigration Lawyers' Association ("AILA").
Vassell & LeeRC Law GroupTo Call Us Please Click here for Phone Numbers: [email protected] Service U.S. Immigration Law FirmServing Individuals, Employers, Families & Businesses U.S. Immigration Needs Since 1997
The ability to pay is often the most difficult part of the Green Card employment based sponsorship process. In this article, we briefly explore the options U.S. Employers have in order to prove to U.S. Citizenship and Immigration Services ("USCIS") that they indeed can pay the Foreign National's salary. The Department of Labor ("DOL") dictates the wage that must be paid for the position being offered by the U.S. Employer.