Archive-name: us-visa-faq/part1
Last-Modified: May 2, 1995

Frequency: This will be posted twice every month [1st and 3rd week] on 
           news.answers, alt.answers, alt.visa.us and misc.immigration.usa. 

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers/us-visa-faq. 
To get this FAQ by E-mail, you should send a message to 
mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part1
in the body of the message. Make sure you don't have a signature 
in body of the message.

To get the entire FAQ [which includes the answers to the questions from
this FAQ] by email, you should send a message to mail-server@rtfm.mit.edu 
with
        send usenet/news.answers/us-visa-faq/*
in the body of the message. Make sure you don't have a signature 
in body of the message. The above instruction *work*, I have
tried them, if it doesn't work get local help before sending me an email.

If you have access to the Web you can also access the FAQ  
from http://www.fred.net/mahesh/immigration.html

IMPORTANT IMPORTANT IMPORTANT NOTE !!!
--------------------------------------
If you don't have access to alt.visa.us and you wish to ask a question
related to immigration then send your query to alt-visa-us@cs.utexas.edu
Please try to be brief and try not to exceed 72 columns when you type in
the message. Mention in your message that you don't have access to
alt.visa.us newsgroup and people should respond to you directly.

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@netcom.com directly.  In many answers below, submitters are 
noted in parentheses at the beginning of comments.  (Comments may be 
slightly edited.)

"WE CLAIM NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION, EXCEPT 
FOR THE QUESTIONS THAT WE HAVE ANSWERED.  APPLICATION OF LAW CAN VARY 
DRASTICALLY ACCORDING TO THE FACTS OF A PARTICULAR CASE.  THE FAQ IS NOT 
MEANT TO BE SPECIFIC LEGAL ADVICE.  IT IS ONLY A STARTING POINT.  MUCH OF
THE INFORMATION CONTAINED IN THE FAQ IS PROVIDED BY LAYPERSONS.  PLEASE USE
YOUR OWN JUDGMENT."
This article includes answers to the following questions. Questions 
marked with a + indicate questions new to this issue; those with 
significant changes of content since the last issue are
marked by *:

Welcome to alt.visa.us, a newsgroup for discussion of non-immigrant
and immigrant visas to USA.  This message is followed by five others,
each summarizing a set of "frequently asked questions" (FAQs):
    FAQ 2: General questions                           (part2 of 6)
    FAQ 3: H-1B visa                                   (part3 of 6)
    FAQ 4: J Visa                                      (part4 of 6)
    FAQ 5: F, Practical training, K, L & Visitors Visa (part5 of 6)
    FAQ 6: Green Card, GC Lottery  & Citizenship       (part6 of 6)

                    General 
                    -------
Q. What is this FAQ about?
Q. Is their a internet site from which I can download any info 
   regarding immigration?
Q. Are there any books regarding Immigration?
Q: What does XX non-immigrant visa mean?
*Q. Are there any lawyers who can be reached by email?
Q: Are there any mailing lists?
Q: How to select an immigration lawyer?
Q. Is there a list of "recommended lawyers" ?
Q. Are there any lawyers you don't recommend ?
Q: What are the numbers for "Ask Immigration" Telephone Information 
   Systems operated by INS.
Q: Which is the best time to change this maiden name to the
   married name and how to go about it?
Q: What is form XXX ?
Q: What is the fee for XX?
Q: What is the phone number of US Consulate in XXX?
Q. Wish List

                    H-1B Visa
                    --------

Q. Do I need to hire a lawyer for H-1B/GC?
Q. How much does it cost to hire a lawyer for a H-1B visa?
Q. Does the lawyer need to reside in the same city/state where I live?
Q. What forms are needed for H-1B visa and where can I get it?
Q. Can I get a H-1B visa for a part time job?
Q. Having H-1B visa with one company, can I work some where else 
   also, like part time job ?
Q. During the process of H-1B visa, suppose if I get a better job
   what happens ?
Q. Should I wait for my H-1B approval before I join the new job? 
Q. I am coming up on the second three year extension on my current 
   H-1B visa. If I change employers 3 months into the extension, will 
   I be able to use the remaining 2yrs 9 months with another employer 
   on a new H-1B ?
Q. My H-1B is up for renewal after three years . It was received without
    the DOL Clearence that is required now a days. Will the renewal need
     such a clearence from DOL ?                                         
Q. How many days/weeks/months does it take to get a H-1B?
Q. I have a H-1B visa and I want to change jobs. Is it possible
   for my new employer to file for my H-1B without my original
   H-1B document which is with my present employer?
Q. How much is the fee for H-1B, H4.
Q: I did not get a "Blue" form with my H1B visa approval notice. Why?
Q: If my company is bought by another company is my H-1B visa still valid?
Q: If I get promoted do I need to get a new H-1B visa?
Q: What is a good place to try for multiple entry H-1B visa?
Q. Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico
   or Canada?
Q: What is the phone number of US consulate in Jurez, Mexico?
Q: Where to stay in Quebec?
Q: How is the experience of getting H1 Multiple from Quebec?
Q. What documents are needed to get a multiple entry H-1B visa?
Q: What is a good place to stay at El Paso?
Q: Are there any good eating places near the EconoLodge?
Q: Do I need to have a Mexican Visa to go to Juarez?
Q: Any suggestions for dos and don'ts in Mexico?
Q: What is the best form of transportation from the El Paso airport to the 
   Econolodge?
Q: What is the best means of transportation from the Econoldge to the 
   U.S. Consulate and back?
Q: Is there a fee for the multiple entry H-1B visa?
Q: How to get multiple H-1B from Canada?
Q. What documents do I need for H4 visa when applying at US
   consulate ?
Q: For how many months are the papers sent for H4 valid?
Q: Documents for H4 have been sent. If I change jobs should
   I resend a fresh proof of employment from my new employer?
Q: Can I renew my multiple-entry visa stamp by mail?
Q: What are the different types of H-1 visas?
Q. What is the difference between Labor Certification and 
   Labor Condition Application? I do understand that one is for 
   H-1B and the other is for Green Card. Beside this, there must 
   be some other difference. What's it?
Q: It is widely understood that a job ad is required for Labor 
   Certification.  Some one told me that a job ad is also required 
   for Labor Condition Application but some others told me that it 
   is not necessary. What is the truth? If LCA required a job ad, 
   why is the job ad required one more time later on in Labor Certification? 
   What is the difference?
Q: What is the role of my academic degree in applying for the Labor
   Condition Applicaiton or Labor Certification? It is said that 
   at present only advanced degree (Master, Ph.D) can have good
   chance to get approval of the Labor Condition Applicaiton or 
   Labor Certification. Is that true?
Q: When employer fires an employee on H1-B visa for whatever reason, 
   what will happen to the legal status of the person (employee)?
Q. Can I submit a LCA, then resign and then stay in US legally? or do I 
    have to wait till I get LCA certified, file a petition for H1 and then 
    resign to stay in US?
Q. Can someone on H4 take up an assistantship after being admitted to school
   based on the fact that he/she has applied for status change to F1 at INS?
Q. How do I change my status from H4 to F1?
Q. What if my spouse has to go back on H4? (If I change a job, etc.)

                J Visa
                ------
Q: On what grounds can I get a waiver?
Q: Who makes the waiver decision?
Q: What's a NORI?
Q: If I get a NORI, will I get a waiver?
Q: Is there a threshold of money received below which a waiver is
   automatically granted?
Q: Can I pay back the money I got and get out of the HRR?
Q: Does marriage to a US citizen help?
Q: How do I go about applying for a waiver?  Do I have to work for 
    the sponsoring agency?
Q:  How long does the whole process take?
Q: Do I need to hire a lawyer to apply for a waiver?
Q: When can an interested U.S. Govt. agency sponsor me for 
   a waiver of the HRR?
Q: Can I get an extension of my J-1 visa status if I apply for a
   waiver of the HRR?
Q: Can I change my visa status from J-1 to O-1 (temporary alien
   worker of extraordinary ability) if I am subject to the HRR?
Q: Can an interested U.S. Government agency sponsor me for 
   a waiver if I work for a private company?
Q: If an interested U.S. Govt. agency sponsors me, will I get a waiver?
Q: How long does it take for me to obtain the waiver once I submit 
    my papers to the interested Govt. agency?
Q: What is the procedure followed in an IGA waiver?
Q: How often can I apply for a waiver?
Q: What happens after the USIA makes a favorable recommendation for
   the waiver of the HRR?
Q: Do I need to submit additional documents to the INS for the waiver?
Q: How long does it take for the INS to grant the waiver?
Q: Can I petition for change of status from J-1 to H-1 as soon as I
   receive the USIA's recommendation or do I need to wait for the final
   waiver from INS?
Q: Has anyone been refused a waiver by the INS after the USIA has made a
   favorable recommendation?
Q: I have already been denied a waiver based on a "no objection" statement.
    Will it help me get a postive response to an application based on a
    "no objection" statement if I am able to demonstrate that a University
    is interested in hiring me?
Q: How likely is it that a philosophy gradute will be able to get a waiver
    by having a University tell the Department of Education they need his or 
    her services and "having" the Department of Education apply to USIA?
Q: Can I accept a tenure track university position under the premise that
    I will complete the first 18 months on a J-1 visa as practical training, 
    then return to home country for 2 yrs, and then come back?
Q: If I win a green card in a lottery, am I no longer subject to HRR?
Q: Will it help me to get a waiver to switch to F-1 visa (rather than 
    just to a different sponsor)?
Q: I am a PH.D student in the humanities. After I finish my studies, how 
    long is my practical training period on J-1? 18 months? 3 yrs?
Q: What do I need to show after the two years to prove that I 
   resided and worked in my home country?
Q: Can I apply for H-1B, permanent residency, etc. while serving the
   HRR?
Q: Can I visit the United States while serving my two-year sentence?
Q: Do I have to return to my home country?
Q: Can I reside in my home country and work in another country?
Q: Can I work for a company of my home country in another country?
Q: Does writing to your congress person help?
Q: What is USIA's address?
Q: Does a J1 have any advantages?
Q: What constitutes intent to abandon the exchange program?
Q: What are the consequences of seeking an extension of the J-1
   status if the J-1 holder has shown proof of abandoning the exchange
   program?
Q: Is the J-2 visa holder (spouse and children of a J-1 visa holder) 
   subject to the 2-year home residency requirement, too?
Q: I am a graduate student on J-1 visa. Do I need to have a secured job 
   in USA in order to apply for a waiver?

                       F Visa
                       ------

Q: Who can apply for an F-1 visa?
Q: Can other non-immigrants pursue studies in the U.S.?
Q: Can I pursue an F-1 visa if similar training is available in my home
    country?
Q: How long can I stay on an F-1 visa?
Q: Must an F-1 student be studying on a full-time basis?
Q: Am I in status if I do not study during my schools summer vacation.
Q: What if I am unable to complete my program by the time indicated on my
   I-20AB?
Q: What are the procedures for applying for an F-1 visa?
Q: What financial requirements must be met to receive an F visa?
Q: How strong must my English skills be to qualify for the F-1?
Q: What evidence do I need to present to show bona fide non-immigrant
    intent?
Q: Is it difficult to change from another non-immigrant visa category to
    student status?
Q: Can I transfer schools on the same F-1 visa?
Q: What if I am changing educational programs but remaining at the same
    school?
Q: What are the procedures for pursuing on campus employment?
Q: What are the options for off-campus employment?
Q: What should I do if I am out of status on my F-1?
Q: What status will my spouse receive?
Q: Is an F1 visa holder permitted to start their own business
   in the US (as a sole proprietorship or corporation)?  Is
   some sort of a INS permit required?

                       Practical Training 
                       ------------------

Q: Can a person keep two jobs while on F-1 practical training, considering
   both jobs are in the same field of study?
Q: If one can work on two jobs, is the person allowed to work for more
  than 40 hours per week as combined total time for the two jobs?
Q: Can one work as a consultant for more than one company while on F-1
   practical training?

                       K Visa
                       ------

Q: Who can apply for K visa?
Q: How do I obtain a K visa for my fiance(e) (who is not currently in
   the US)?
Q: How long does it take to get a K visa?
Q: How long is it good for?  What are the conditions?
Q: What is needed for the petition?  
Q: Can I do this myself, or do I need a lawyer?
Q: How much will a lawyer charge?
Q: How will I know the petition is approved?
Q: What is needed after petition approval?
Q: What is needed at the interview?

                      L Visa
                      ------

Q. What is L-1 visa?
Q. Who qualifies for a L-1 visa?
Q. For how may years is L-1 visa issued for?
Q. Can dependants of L-1 come to USA?
Q. Can I apply for a L-1 visa?
Q. Can my company apply for multiple L-1 visas?
Q. What happens, if one of the subidiaries (either in the United States
   or in the foreign country) goes out of business?
Q. Does this mean I have to leave the United States?
Q. In case I want to escape the trap with the involuntary termination, if
   my company goes out of business, can I switch to a different kind of
   visa (e.g., to an H-1B) at any time?
Q. What's the cost for a L-1 visa?
Q. Do you need a lawyer to get a L-1 visa.

                      Visitors Visa
                      -------------

Q: What documents should I send to sponsor for a visitors visa?
Q: How can I extend a visitors visa?
Q: Can the immigration officer at the port of entry (or any other
   INS officer) cancel the B1/B2 visa?  If so, on what grounds?
Q: Can I apply for a social security number on a B1/B2 visa?

                      Labor/GC
                      --------
Q. How many days/weeks/months does it take to get a Labor Clearance 
   for GC?
Q. How many days/weeks/months does it take to get a I-140 approval ?
Q. What is involved in the labor certification? 
Q. Does the employer need to show the company's finances?
Q. Should I apply for GC together with the H-1B, or after I get the H-1B?
Q: If I one were waiting for a GC date to become current,  
   after one got one's labor certification AND the 6 year 
   limit on H-1B expires while waiting, will one have to 
   leave the country ?
Q. Will my spouse qualify for greencard with me even if she is on a
    non-dependent visa like F1 ?
Q: At what point spousal petitions can be attached to the forms 
    I-140/485 ? I-140 part 7 clearly asks for a list of dependents. Can 
    a person file I-140, get married and then petition for his/her spouse 
    on the I-485?
Q: Will all the GC wait come to a naught in this case , or can 
   one wait for it outside the country ?
Q: When Labor Certification has been recieved, is H-1B still the
   operating visa, or do you fall under some new status ? 
Q: Can one apply for GC through an employer while on H-1 for 
   another employer?
Q: If I am working for Company "A" through another Company "B" which has 
  started my labor certification process i.e. Ad in newspaper is done and 
  I am waiting for the Labor Certfication from the Dept. of Labor but in 
  the meantime I got a job offer directly from company "A" and in this 
  case will the labor certification filed by company "B" valid since the 
  job description is same or do I need to start all over again and get a 
  new labor certification ?
Q: Can an applicant qualify for a GC without going through 
   Labor Certification?
Q: Is a job offer necessary for the above classifications?
Q: Where can I get details about the rules and regulations pertaining to
   the employment based immigration classifications?
Q: What is the national interest waiver (NIW)?
Q: How does an individual qualify for the national interest waiver?
Q: What are the condtitions that need to be satisfied to be in the
   national inteest?
Q: How are the national interest waiver cases adjudicated?
Q: Which fields have the greatest chance of success for the NIW?
Q: What supporting documentation must be submitted to demonstrate
Q. I have filed an application for change of status. I have a
   non-immigrant visa [eg. H-1B] which will expire next week.
   Most likey I will not be called for my GC interview before
   next week. Should I file for an extension of my non-immigrant
   visa [eg. extension of H-1B visa] ?
Q: What are the various categories of "Preferences" ?
Q: What is the waiting period for such cases [2A category]?
Q: And, I had heard that there was a bill
   up for vote.  Do you have any information on this?
Q: What is the time-frame to get a GC if the spouse is an U.S. citizen?
Q. Does a parent (green card holder) who has filed for a green card for
   his/her unmarried child who is under 21 years of age, have to file
   another petition if the child turns 21 while waiting for the green
   card ?
Q: Can GC holders sponsor for their parents GC?
Q: If I gained lawful permanent resident status (LPR) through a
    previous marriage, can I petition for my current spouse to immigrate
    to the US based on my LPR?"
Q: What does "current" mean?
Q: What are the benefits/restrictions of a U.S. Permanent Resident?
Q: Can I travel abroad?
Q: Do I have to register with Selective Service?
Q: Do I have other responsibilities?
Q: If I am a permanent resident, can I get public benefits?
Q: Is it safe to get public benefits?
Q: Why should I become a U.S. citizen?
Q: Do I need to be a permanent resident to get Social Security benefits?
Q: What are the current requirements of your stay in US to be able to 
   retain the Green Card.
Q. After getting stamped in the passport for employment based immigration,
    how long is an employee required to work with the employer that 
    sponsored the employee for immigration.
Q. Please discuss the consequencies, immediately after obtaining 
    immigration (meaning whithin a day or two).
    a. If the employee voluntarily quits/leaves the employer.
    b. If the employer fires the employee for performance related reasons.
    c. If the employer fires the employee because of the personality problems.
    d. If the employer lays-off the employee for economic reasons (lack of
       adequate business or resources).

Q. If the employer lays-off the employee to avoid payment of the agreed or 
    the promised salary (as stated on the Labor Certification or the Job Ad.) 
Q. Can a Permanent Resident Visa be revoked for any of the above stated 
    reasons?
Q. Under what circumstances can a Permanent Resident Visa be revoked.
Q: What should I do if I don't have my birth certificate?
Q: Do permanent residents need to apply for a visitors visa to visit Canada?
Q: Doesn't the new adjustment of status provision in the INS Fiscal
   Year 1995 Appropriations Act create another amnesty program
   for illegal immigrants?
Q: Why was this provision added to the Appropriations Act?
Q: Specifically what types of foreign nationals are affected by this 
    new provision?
Q: Is there an estimate of how many such foreign nationals are eligible
    to apply for permanent resident status?
Q: Are all aliens in the United States who are out of status now
    eligible to apply for adjustment of status to permanent residence?
Q: Do priority dates still matter? Can aliens, regardless of priority
    dates, now immediately apply for adjustment of status?

                       GC Lottery
                       -----------

Q: CAN I ENTER?
Q: DO I MEET THE EDUCATION OR TRAINING REQUIREMENT?
Q: HOW DO I COMPLETE AN ENTRY?
Q: WHERE DO I MAIL MY ENTRY?
Q: HOW WILL I FIND OUT IF I AM SELECTED?

                      US Citizenship
                      --------------

Q: What is the time-frame to get U.S. citizenship if the spouse is
   an U.S. citizen?
Q: Who can apply for U.S. citizenship?
*Q: When can I apply for U.S. citizenship?
Q: What are the requirements for U.S. Citizenship?
Q: Under what conditions can I be denied U.S. citizenship?
Q: Can citizenship once granted be revoked?
Q: Under what conditions can my citizenship be revoked?
Q. Where can I get some information on dual citizenship?

-----------------------------------------------------------------

Archive-name: us-visa-faq/part2
Last-Modified: May 2, 1995

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part2. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part2
in the body of the message.

Please see part1 of this faq for standard disclaimers.

If you have access to the Web you can also access the FAQ  
from http://www.fred.net/mahesh/immigration.html

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@netcom.com directly.  In many answers below, submitters are 
noted in parentheses at the beginning of comments.  (Comments may be 
slightly edited.)

"We claim no responsibility for the accuracy of the information, except 
for the questions that we have answered.  Application of law can vary 
drastically according to the facts of a particular case.  The FAQ is not 
meant to be specific legal advice.  It is only a starting point."

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                      General
                      -------

Q. What is this FAQ about?
A: [from B.G. Mahesh, mahesh@mahesh.com]
   This FAQ has some information about J1, H-1B, Green card and other visas.  
   
Q: Is their a internet site from which I can download any info 
    regarding immigration?

A:  PS: If you have any questions about gopher and anonymous ftp
        PLEASE don't ask me.  Ask on news.newusers.questions 
        and/or alt.gopher
    
    [ from Ravinder Bhumbla, rbhumbla@UCSD.EDU] 
    NAFSA (the association of international educators) regularly 
    sends out updates about changes in immigration laws to its 
    mailing list, inter-l@vtvm1.cc.vt.edu (you can subscribe by sending 
    mail to listserv@vtvm1.cc.vt.edu).  An archive of these updates 
    (which may be useful to you) is accessible by gopher at the 
    following place:

    Name=NAFSA Updates (Federal Regulations)
    Type=1
    Port=70
    Path=1/ON/INTERNATIONAL/ln38nafsa
    Host=yuma.ACNS.ColoState.EDU

    For the more *advanced* users..i.e. Mosaic users :-)

    gopher://yuma.acns.colostate.edu/11/ON/INTERNATIONAL/ln38nafsa

    [from B.G. Mahesh, mahesh@mahesh.com]
    Look into ftp.cs.umd.edu:/pub/cyrillic/us_visas/*
    Login as anonymous. If you don't know how to ftp please get some local
    help.

*   [from Rajiv S. Khanna, rskhanna@access.digex.net]
    The following documents are available by anonymous ftp on 
    ft.netcom.com.  The documents are found in directory 
    "/pub/rs/rskhanna" and indexed as follows:
 
          DV1Proposed    F-1M-1Visas     K-VisasforFiance
          E-1E-2Visas    H-UsageFor1994  VisaBulletin
  
    Files are updated new info on almost daily basis (if there is any 
    new info that needs posting).  Please let me have your 
    comments/suggestions on how to improve the information.                   

Q. Are there any books regarding Immigration?
A: 
   [from Alberto Molina, alberto@cybernet.cse.fau.edu]
   Name: Immigration Procedures Handbook
   Publisher: Clark, Boardman & Callaghan
   Address: 155 Pfingsten Road
            Deerfield, IL 60015-4998
   Phone: 1-800-323-1336
   Cost: $145 + 6.5 percent S&H + state tax

   [from Eiji Hirai, hirai@cc.swarthmore.edu ]
   The Rights of Aliens and Refugees: 
      The Basic ACLU Guide to Alien and
      Refugee Rights_, 2nd edition, 
   by David Carliner, et al.   Price : $7.95 + S&H

   You can  ordered it from
        ACLU Dept L.
        P.O. Box 794
        Medford, NY 11763

   "Labor Certification Handbook -
       Companion Volume To:  Immigration Procedures Handbook"
       by  Austin T. Fragomen,  Steven C, Bell
       Clark Boardman Callghan,  NY 1992

Q: What does XX non-immigrant visa mean?
A: [from many-many on the net!]
 
    -----------------------------------------------------------------------
    |  Visa Type  | Dependant Visa |          Description                 |
    -----------------------------------------------------------------------
    |   A         |                |  Diplomat                            |
    |             |                |  Foreign Government Officials        |
    ----------------------------------------------------------------------|
    |   B-1       |                | Visitor's visa [Business]            |
    ----------------------------------------------------------------------|
    |   B-2       |                | Visitor's visa [pleasure/tourist]    |
    ----------------------------------------------------------------------|
    |   C         |                | Aliens in Transit Visa               |
    ----------------------------------------------------------------------|
    |   D         |                | Crewman                              |
    ----------------------------------------------------------------------|
    |   E1        |                | Treaty Trader                        |
    ----------------------------------------------------------------------|
    |   E2        |                | Treaty Investor                      |
    ----------------------------------------------------------------------|
    |   F1        |  F2            |  Foreign Student Visa,               |
    |             |                |  Dependant cannot work               |
    ----------------------------------------------------------------------|
    |   G         |                | International Organization Employee  |
    ----------------------------------------------------------------------|
    |   H-1B      |  H4            | Work Permit [Temporary Worker]       |
    |             |                | Dependant cannot work                |
    ----------------------------------------------------------------------|
    |   I         |                | Foreign Information Media[Journalist]| 
    ----------------------------------------------------------------------|
    |   J1        |  J2            | Exchange visitor/scholar/post-doc.   |
    |             |                | Student can work off-campus if       | 
    |             |                | International Student Office gives a |
    |             |                | letter of authorization. May be      |
    |             |                | subjected to 2 year presence in the  |
    |             |                | home country requirement.            |
    |             |                | Dependant can work but needs to get  |
    |             |                | needs to get the permission from INS |
    -----------------------------------------------------------------------
    |   K1        |  K2            | K1 - for direct fiancee of US citizen|
    |             |                | K2 - for children of fiancee         |
    -----------------------------------------------------------------------
    |   L-1       |  L-2           | Intra-Company Transferee             |
    |             |                | See L1 Visa section of this FAQ for  |
    |             |                | more details                         |
    -----------------------------------------------------------------------
    |   M         |                | Vocational Student                   |
    ----------------------------------------------------------------------|
    |   N         |                | Parents of certain Special Immigrants|
    |             |                | special immigrant status             |
    |             |                | (retired officers/employees          |
    |             |                | previously accorded G-4 visa status) |
    ----------------------------------------------------------------------|
    |   O         |                | aliens of extraordinary ability in   |
    |             |                | the sciences, arts, education,       |
    |             |                | business, or athletics               |
    ----------------------------------------------------------------------|
    |   P1        |  P2            | Renowned artists, entertainers and   |
    |             |                | athletes coming for internationally  |
    |             |                | recognized or culturally unique      |
    |             |                | performances                         |
    -----------------------------------------------------------------------
    |   Q         |                | Participants in international        |
    |             |                | cultural exchange programs which     |
    |             |                | provide practical training,          |
    |             |                | employment and which involve the     |
    |             |                | sharing of history, culture          |
    |             |                | traditions of the applicant's country|
    -----------------------------------------------------------------------
    |   R         |                | Certain religious workers            |
    -----------------------------------------------------------------------
    |   NATO      |                | Representatives and staff of member  |
    |             |                | states to NATO                       |
    -----------------------------------------------------------------------

*Q. Are there any lawyers who can be reached by email?
A:  [from B.G. Mahesh, mahesh@mahesh.com]

    Rajiv S. Khanna
    LAW OFFICES OF RAJIV S. KHANNA   
    1129 20th Street, NW, Suite 400  
    Washington, DC 20036-3403
    Voice: (202) 466-2113
    Email: rskhanna@immigration.com

    Gregory Siskind 
    Attorney at Law 
    Euclid Court Building 
    110 30th Avenue North, Suite 1 
    Nashville TN 37203    
    Voice: 615/320-9109 Fax: 615/320-5681 
    Email: gsiskind@telalink.net
     
    Cynthia D. Ryan
    305 Broadway - Suite 301
    New York, NY 10007
    Tel/Fax: (212) 349-7708
    Email: cdratty@aol.com

    Sidney J. Wartel, P.E., Jur. Dr.
    Davis, Malm & D'Agostine
    One Boston Place
    Boston, MA. 02108
    Voice : (617) 367-2500
    Email: swartel@lynx.dac.neu.edu

Q: Are there any mailing lists?
A:  [from B.G. Mahesh, mahesh@mahesh.com]
    
    o Send mail to rskhanna@immigration.com asking him to
      add you to his visa bulletin mailing list. 

    o An electronic newsletter that includes information on developments 
      in immigration law, the State Departments visa bulletin numbers, 
      INS Service Center Processing reports and answers to questions 
      subscribers may pose.  There is no fee to subscribers and all 
      parties interested should email me at Gsiskind@aol.com

Q: How to select an immigration lawyer?
A: [Muralidhar Rangaswamy, RANGASWAMY@plh.af.mil]
   Please treat this as my $0.02 worth on the subject of picking 
   an immigration lawyer. While there is no hard and fast rule on 
   determining whether an immigration lawyer is good or not, the 
   following points would be worthwhile considering in the selection process.

   (1) Check to see if the lawyer is a member of the American 
       Immigration Lawyers Association (AILA).

   (2) Also check if the lawyer holds an important position in the 
       local or state bar association's immigration committee.

   (3) Look up the yellow pages of your phone book to obtain the tel# 
       of free attorney referral services. Call them and ask for an 
       opinion about the attorney you are considering.

   (4) Make sure that there are no restraining orders from the supreme 
       judicial court that prohibits the attorney from practising.

   (5) Check prior experiences of the attorney with cases similar to that of 
       yours. In particular, find out if the attorney has been successful 
       in the past.

   (6) Finally, in your first consultation with the lawyer, feel free to 
       bring up all questions and details pertaining to your case (this 
       includes legal fees, processing time etc).

   (7) Check with the better business bureau (BBB) in your city about the law
       firm of the lawyer you are considering. The BBB maintains a record of
       all businesses in a given city and reports to you whether the business 
       in question has been involved in unfair business practices (over the 
       past 3 years).

   (1)-(7) are issues that must necessarily be considered but are 
   not sufficient. 

   These are merely guidelines for choosing an immigration attorney. 
   These are by no means comprehensive. Please feel free to add your 
   suggestions or comments to the above list.

Q. Is there a list of "recommended lawyers" ?
A:  [from B.G. Mahesh, mahesh@mahesh.com]
    Rajiv S. Khanna
    LAW OFFICES OF RAJIV S. KHANNA   
    1129 20th Street, NW, Suite 400  
    Washington, DC 20036-3403
    Phone : 202-466-2113
    Fax   : 202-785-1741
    Email : rskhanna@access.digex.net

    [from Th. Bullinger, thomas@idx.kodak.com]
    Santosh Pawar
    1000 East Ave.
    Rochester, NY 14607
    Phone : 716-461-4074

    [from Alberto, alberto@cybernet.cse.fau.edu]
    The Law Offices of Ronald Freeman in NYC, 
    specifically Jenny Nieves at that office.  
    Their phone number is 800-522-5275.

    [from hirai@cc.swarthmore.edu]
    Peter T. Baumann, Karren A. DeSeve, Jon Landau
    437 Chestnut St.
    Suite 905
    Philadelphia, PA 19106
    Phone : 215-925-0705

    [from Kannan Varadhan, kannan@catarina.usc.edu]
    Ms. Deborah Youtsey
    Bartlett and Weigle Co. LPA
    432, Walnut Street, Cuite 1100,
    Cincinnati, OH 45202.
    Phone : 513 241 3992
    Fax   : 513 241 1816 

    [From Rob Lingelbach, rob@xyzoom.info.com]
    Steven W. Blalock  (Blalock and Gray)
    11726 San Vicente Blvd  #650
    Los Angeles, CA  90049
    Phone : 310 447 5665

    [from Muralidhar Rangaswamy, mrangasw@cat.syr.edu]
    Steven A. Clark
    Flynn & Clark P.C.,
    One Main Street, P.O. Box 25, Cambridge, MA 02142.
    Phone : (617)-354-1550 
    Fax   : (617)-661-2576 

    [From Ranganath Dandi, dandi@killians.gsfc.nasa.gov]
    Thomas Williams
    Ste. 1501
    5205, Leesburgh Pike
    Falls Church, VA 22041
    Ph: (703)-845-8800
    Fax:(703)-998-0328.

    [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    Steven A. Clark
    Flynn & Clark P.C., 
    One Main Street, 
    P.O. Box 25, 
    Kendall Square, 
    Cambridge MA 02142-0001
    Phone : (617)-354-1550
    Fax   : (617)-661-2576 

    [From Dr. M. V. Ramakrishna, krishna@ramanujan.chem.nyu.edu]
    Mr. S. Gayathrinath
    299 Broadway, Suite 603
    New York, NY 10007-1901
    Phone : 212-791-4210
    Fax   : 212-571-7405

    [From Kedar Gidh, gidh@bucknell.edu]
    Wendy Castor Hess
    Goldblum & Hess
    Jenkintown Plaza, Suite 380
    Jenkintown, PA 19046
    Ph. (215) 885-3600
    Fax (215) 885-4595

    Law Office of Sheela Murthy
    10451 Mill Run Circle, Suite 400
    Owings Mills, MD 21117-5577
    Tel: 410-356-8830
    Fax: 410-356-8804

Q: What are the numbers for "Ask Immigration" Telephone Information 
   Systems operated by INS.
A: [from C. Huda Dodge, dodgec@ucs.orst.edu] 

   INS operates "Ask Immigration" Telephone Information Systems, 
   through which you can access recorded messages about various 
   immigration topics.  The information below is taken from the INS 
   brochure on this system (Form M-243).

One can access the recorded messages from the following telephone numbers:

Albany, NY      (518) 472-4621          Newark, NJ      (201) 645-4400
Albuquerque, NM (505) 766-2378          New Orleans, LA (504) 589-6533
Anchorage, AK   (907) 271-4953          NYC, NY         (212) 206-6500
Arlington, VA   (202) 307-1501          Norfolk, VA     (804) 441-3081
Atlanta, GA     (404) 331-5158          Oklahoma City, OK (405) 942-8670
Baltimore, MD   (301) 962-2065          Omaha, NE       (402) 697-9155
Boise, ID       (208) 334-1821          Orlando, FL     (407) 826-5870
Boston, MA      (617) 565-3879          Philadelphia, PA(215) 597-3961 
Buffalo, NY     (716) 849-6760          Phoenix, AZ     (602) 379-3122
Charleston, SC  (803) 724-4350          Pittsburgh, PA  (412) 644-3356
Charlotte, NC   (704) 523-1704          Portland, ME    (207) 780-3352
Chicago, IL     (312) 353-7334          Portland, OR    (503) 326-3006
Cincinnati, OH  (513) 287-6080          Providence, RI  (401) 545-7440
Cleveland, OH   (216) 522-4770          Reno, NV        (702) 784-5427
Dallas, TX      (214) 655-5384          Sacramento, CA  (916) 551-2785
Denver, CO      (303) 371-3041          Salt Lake City, UT(801) 265-8678
Detroit, MI     (313) 226-3240          St. Albans, VT  (802) 951-6658
El Paso, TX     (915) 532-0273          St. Louis, MO   (314) 539-2532
Fresno, CA      (209) 487-5091          St. Paul, MN    (612) 854-7754
Harlingen, TX   (512) 425-7333          San Antonio, TX (210) 229-6350
Hartford, CT    (203) 240-3171          San Diego, CA   (619) 557-5570
Helena, MT      (406) 499-5288          San Francisco, CA (415) 705-4411
Honolulu, HI    (808) 541-1379          San Jose, CA    (408) 291-7876
Houston, TX     (713) 847-7900          San Juan, PR    (809) 766-5280
Indianapolis, IN(317) 226-6009          Seattle, WA     (206) 553-5956
Jacksonville, FL(904) 791-2624          Spokane, WA     (509) 353-2129
Kansas City, MO (816) 891-0603          Tampa, FL       (813) 228-2131
Las Vegas, NV   (702) 384-3696          Tucson, AZ      (602) 670-6229
Los Angeles, CA (213) 894-2119          West Palm Beach, FL(407) 844-4341
Louisville, KY  (502) 582-6375
Memphis, TN     (901) 544-3301          TDD Users:      (202) 307-1512
Miami, FL       (305) 536-5741
Milwaukie, WI   (414) 297-3565

  People who don't like electronic answering services should stay away from
  this system.  For quick reference, especially if you live in one of the 
  cities listed, it is really quite convenient.  One must push the # of the 
  recording you wish to hear (and in Portland, OR at least, one *must* listen 
  to a message before you can talk to a real person).  If you don't know the 
  #, you have  to listen to a menu list of options.  To make things easier, 
  this "Message Guide" was printed in the brochure: 

101     The INS    
102     How to report aliens illegally in the US...
103     PRC nationals
104     The INS Outreach program
105     Where to mail applications
106     Reporting your change of address to INS
107     How to obtain copies of documents
108     Immigrant visa availability list
109     Filing appeals and motions

201     Who is eligible for legalization
202     Employer sanctions
203     Family fairness program for legalized aliens
204     Anti-discrimination protection under immigration law
205     How to apply for PR status if resided continuously since 1972
206     Special agricultural worker program
207     Systematic alien verification for entitlements program

301     Filing petitions to sponsor an immediate relative
302     "      " to sponsor prospective immigrant employees
303     How can an alien in the US can request to change status to PR
304     When a US citizen marries a foreign national outside the US
305     How to file a joint petition...to remove conditional status of PR
306     Immigration benefits for adoption before 16th b-day
307     Orphan petitions
308     Application for asylum in the US
309     PR for recipients of approved asylum applications

401     How to obtain an alien residency card
402     Applying for a replacement " " "
403     If you never received you  " " "

501     Nonimmigrant or temporary visas
502     How to request an extension of temporary stay
503     Change of status from one nonimmgrant class to another...for work
504     Applying for a replacement I-94 arrival/departure document
505     Temporary visitor's visa
506     A fiance/fiancee visa
507     Requirements for class. as a nonimm. temp. worker (H1, H2 & H3)
508     Requirements for class. as a J1 or nonimm. exchange alien
509     L-1 visa status for intracompany transfers
510     Requirements for class. as an E1 or E2 ... treaty trader or investor

601     Permission to go to school
602     Student visa extension
603     Permission for foreign student to work
604     Visas for spouse & dependent children of foreign students
605     School transfers for F1 & M1 foreign students
606     How to maintain your student status

701     Departure from the US by permanent residents
702     Student travel outside the US
703     Travel authorization for refugees
704     How to request emergency travel
705     Travel by an alien whose PR application is still pending

801     Citizenship and naturalization requirements
802     " for children born outside the US
803     Naturalization based on military service
804     Derivative citizenship for children of US citizens
805     Residency requirements for naturalization
806     How to file for naturalization on behalf of a child
807     Replacement of certificate of citizenship or naturalization
808     How to renounce or forfeit US citizenship

Q: Which is the best time to change this maiden name to the
   married name and how to go about it?
A: [From Rajiv S. Khanna, rskhanna@access.digex.net]

   In terms of immigration documents, all papers that are
   filed should list spouse by her married name and  "also
   known as XYZ (Maiden name)."  Most INS forms provide a
   space for "Other Names Used."  Now if it is too late,
   and a green card in her maiden name has already been issued,
   INS has a form for making a change in the issued Green Card.

Q: What is form XXX ?
A: [From B.G. Mahesh, mahesh@mahesh.com]

      N-400  : Application for Naturalization
      N-600  : Application for Certification of Citizenship
      I-90   : Application to Replace Alien Registration Card
      I-130  : Petition of Alien Relative 
      I-131  : Application for Travel Document
      I-485  : Application to Register Permanent Residence 
               or Adjustment of Status
      I-600  : Petition to Classify Orphan as an Immediate Relative
      I-765  : Application for Temporary Employment Authorization

Q: What is the fee for XX?
A: [From Rajesh Kumar Singh, raj@goliath.stanford.edu]

=================================================================
              IMMIGRATION AND NATURALIZATION SERVICE
                     SUMMARY OF CHANGED FEES
                     effective July 14, 1994

Form No.  Form name/description                             Fee
=================================================================
I-17      Petition for Approval of School for
               Attendance by Nonimmigrant Students          $140
I-90      Application to Replace Alien Registration Card    $75
I-102     Application for Replacement/Initial Nonimmigrant
          Arrival Departure Document                        $65
I-129     Petition for a Nonimmigrant Worker           See below*
I-129F    Petition for Alien Finance(e)                     $75
I-130     Petition for Alien Relative                       $80
I-131     Application for Travel Document                   $70
I-140     Immigrant Petition for Alien Worker               $75
I-191     Application for Advance Permission to Return
          to Unrelinquished Domicile                        $90
I-193     Application for Waiver of Passport and/or Visa    $90
I-212     Application for Permission to Reapply for
          Admission into the U.S. After Deportation
          or Removal                                        $95
I-360     Petition for Amerasian, Widow(er), or Special
          Immigrant (except for a petition seeking
          classification as Amerasian)                      $80
I-485     Application to Register Permanent Residence or
          Adjust Status
          --if 14 years of age or older                     $130
          --if under 14 years of age                        $100
I-526     Immigrant Petition by Alien Entrepreneur          $155
I-539     Application to Extend/Change Nonimmigrant Status  $75
                              (plus $10 per coapplicant)
I-600     Petition to Classify Orphan as an Immediate
          Relative                                          $155
I-600A    Application for Advance Processing of Orphan
          Petition                                          $155
I-601     Application for Waiver of Grounds of
          Excludability                                     $95
I-612     Application for Waiver of the Foreign Residence
          Requirement                                       $95
I-751     Petition to Remove the Condition on Residence     $80
I-765     Application for Employment Authorization          $70
I-817     Application for Voluntary Departure Under
          Family Unity Program                              $80
N-300     Application to File Declaration of Intention      $75
N-400     Application for Naturalization                    $95
N-470     Application to Preserve Residence for
          Naturalization Purposes                           $115
N-565     Application for Replacement Naturalization/
          Citizenship Document                              $65
N-600     Application for Certificate of Citizenship        $100
N-643     Application for Certificate of Citizenship in
          Behalf of an Adopted Child                        $80
N-644     Application for Posthumous Citizenship            $80

*I-129 Petition with Unnamed Beneficiaries:
     --Fee of $75 per petition

 I-129 Petition with Named Beneficiaries:
     --Base fee of $75 per petition plus either:
          --$10 per worker is requesting consulate or port-of-
          entry notification for visa issuance or admission;
          --$80 per worker if requesting a change of status; or
          --$50 per worker if requesting an extension of stay, if
          filing an extension of stay or change of status for one
          worker, dependents may be included for a fee of $10 per
          dependent.

Q: What is the phone number of US Consulate in XXX?
A: [From Manish, manish@hogpa.ho.att.com]

        Quebec:   418-692-2095
        Montreal: 514-398-9695
        Toronto:  416-595-1700
        Ottawa:   613-238-4470 ext 301

Q. Wish List

   Need to add info regarding Citizenship, visitor visa..
   If you have any info regarding these please email your 
   questions/answers to me directly.

-----------------------------------------------------------------

Archive-name: us-visa-faq/part3
Last-Modified: May 2, 1995

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part3. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part3
in the body of the message.

Please see part1 of this faq for standard disclaimers.

If you have access to the Web you can also access the FAQ  
from http://www.fred.net/mahesh/immigration.html

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@netcom.com directly.  In many answers below, submitters are 
noted in parentheses at the beginning of comments.  (Comments may be 
slightly edited.)

"WE CLAIM NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION, EXCEPT 
FOR THE QUESTIONS THAT WE HAVE ANSWERED.  APPLICATION OF LAW CAN VARY 
DRASTICALLY ACCORDING TO THE FACTS OF A PARTICULAR CASE.  THE FAQ IS NOT 
MEANT TO BE SPECIFIC LEGAL ADVICE.  IT IS ONLY A STARTING POINT.  MUCH OF
THE INFORMATION CONTAINED IN THE FAQ IS PROVIDED BY LAYPERSONS.  PLEASE USE
YOUR OWN JUDGMENT."


Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                      H visa
                      ------

Q. Do I need to hire a lawyer for H-1B/GC?
A: [from B.G. Mahesh, mahesh@mahesh.com]
   Getting your H-1B should be pretty straight forward but now a days
   things are getting tough. One needs to know the various rules/laws
   of immigration. One must be ready to devote a lot of their personal
   time to get a H-1B/GC on their own.  In a nutshell, if you or your
   employer can afford a lawyer hire a lawyer.

Q. How much does it cost to hire a lawyer for a H-1B visa?
A: [from B.G. Mahesh, mahesh@mahesh.com]
   Anywhere between $800-$1500. I have known people hiring lawyers for
   just $800 and having a TOUGH time getting their H-1B visa because the
   lawyer was not very good. This doesn't mean all lawyers charging less
   than $1000 are bad and the ones charging > $1000 are good :-)

Q. Does the lawyer need to reside in the same city/state where I live?
A: [from B.G. Mahesh, mahesh@mahesh.com]
   NO! Most of the work is done by phone/fax [and email in few 
   cases :-) ] So it doesn't make a big difference where the lawyer 
   resides unless you are expecting complications which may require
   you to meet the lawyer personally. 

Q. What forms are needed for H-1B visa and where can I get it?
A: [from Philip.Tong]
   Form I-129H. You can get it from your INS office.

Q. Can I get a H-1B visa for a part time job?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes.
 
Q. Having H-1B visa with one company, can I work some where else 
   also, like part time job ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   You will have to get another H visa for the second 
   employers.  Note, you can simultaneously hold more than one H visas.

Q. During the process of H-1B visa, suppose if I get a better job
   what happens ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Apply for a new H-1B

Q. Should I wait for my H-1B approval before I join the new job? 
A: [this question is related to the previous question ]
   [from Rajiv S. Khanna, rskhanna@immigration.com]
   You must wait to get the second H-1B approved.  H visas are 
   employer specific.
 
Q: I am coming up on the second three year extension on my current 
   H-1B visa. If I change employers 3 months into the extension, will 
   I be able to use the remaining 2yrs 9 months with another employer 
   on a new H-1B ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes you will, but you do have to get a new H-1B classification.

Q. My H-1B is up for renewal after three years . It was received without
    the DOL Clearence that is required now a days. Will the renewal need
     such a clearence from DOL ? 
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes, you will now need clearance ("LCA").

Q. How many days/weeks/months does it take to get a H-1B?
*A:  [from B.G. Mahesh, mahesh@mahesh.com]
        [modified by rskhanna@access.digex.net]

    This depends partly on the state you reside. Generally after your LCA,
    it should about 2-4 weeks to get your H-1B visa.

Q. I have a H-1B visa and I want to change jobs. Is it possible
   for my new employer to file for my H-1B without my original
   H-1B document which is with my present employer?
A: [From many on the net]
   No, you don't require the original H-1B document from your
   present employer to get a new H-1B. A xerox copy of the old H1 
   approval is sufficient (if at all needed) to file for a change of 
   employer (Eventhough you have to go through the whole process of 
   getting the first H1B approval).

Q. How much is the fee for H-1B, H4.
A: [Rajiv S. Khanna, rskhanna@immigration.com]

    H-1B : Correct fee IF you are changing status (e.g. from F-1 to H-1) 
           and applying for H-1 is $155.  If you are already in H-1, the 
           fee is $125.
           
*    H4 :  Many variables.  Check with your lawyer or INS.

Q: I did not get a "Blue" form with my H-1B visa approval notice. Why?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]

    INS has started using a new "Notice of Action" form.  H approvals 
    used to arrive on blue forms.  They will now be arriving on white 
    forms  with a watermark of the statue of liberty and with the bottom 
    portion being an I-94 to be cut and retained by the foreign worker in 
    question.  Incidentally, the new form is called an I-797C.

Q: If my company is bought by another company is my H-1B visa still valid?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   According to INS, if the successor company undertakes all rights,
   liabilities, assets and privileges of the previous employer - the H
   visas are valid even after the takeover.  In simple English, get an
   opinion from a lawyer in writing.  Otherwise, all H visa holders 
   could be out of status.

Q: If I get promoted do I need to get a new H-1B visa?
*A: [modified by rskhanna@access.digex.net]
        Technically, you do need a new H-1.  In real life, if the jobs are
sufficiently close in description and responsibilities, I recommend that
your employer send a letter to INS.

Q: What is a good place to try for multiple entry H-1B visa?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Ciudad Juarez (across the border from El Paso, Texas)
   I made a pilgrimage to Ciudad Juarez[July 1994], Mexico across the 
   border from El Paso, Texas. I was graced and granted a multiple entry 
   H-1B visa a couple of days back. Almost all the people who applied for 
   H-1B visas that day were granted the visa. The interview with the 
   consular officer was less than 2 minutes. Although I was carrying 
   extensive documentation with me, the officer only wanted to see the 
   H-1B approval notice and my Ph.D. diploma.  

Q. Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico
   or Canada?
A: [from Pramod S. Badjate, badjatep@agcs.com]
   Yes you can. But you should make sure that you don't turn in your 
   I94 at the border while leaving US. Then you have to fill in a new 
   I94 when you enter US by showing your VISA and old I94. 

Q: What is the phone number of US consulate in Jurez, Mexico?
A:  [ From Rajesh Kumar Singh, raj@goliath.Stanford.EDU]
        Country code: 52
        Area code:    16
        Phone #:      13-40-48

Q. What documents are needed to get a multiple entry H-1B visa?
A: [from Pramod S. Badjate, badjatep@agcs.com and RANGASWAMY@zircon.plh.af.mil]
   1. Passport with current I-94
   2. H-1B approval form (* ORIGINAL*) [Form I-797]
   3. Copy of H-1B petetion form. Ask your company for this. 
      The consulate in Juarez have recently begun suggesting to prospective 
      applicants to bring attorney certified copies of the H-1B petition.
   4. Copy of Form ETA 9035 or the Labor condition application [LCA] that was 
      filed by your company. Ask your company or lawyer if this was 
      necessary in your case.   If it was, take a copy of the document that 
      was given to the INS.
   5. Letter from my immediate supervisor stating that I work for him and 
      may need to travel abroad for official purposes soon and hence be 
      granted an H-1B visa. It was addressed to US consulate, Juarez. This 
      was not asked for by the consulate official who interviewed me.
   6. Company verification letter from Human resources giving details like 
      job title, pay date of joining etc.
   7. My appointment letter that I had got from Human resources.
   8. Pay stubs or company ID.
   9. Recently, U.S. consulates around the world have begun issuing machine 
      readable visas (MRV) to protect against visa fraud. The cost of 
      preparing these visas is $20 and is applied to nationals of all 
      countries. In addition, the applicant is responsible for the reciprocity
      visa fee. For Indian nationals, the reciprocity visa fee is $100. 
      Therefore, make sure to carry $120 in cash.
   10. One Passport size photograph
   11. Degree certificates [original + copy]
   12. Make sure to take along with you copies of all documents 
       filed with the INS on your behalf by your company.
   13. Notarized or attorney certified copy of your entire passport including
       the page containing your H-1 visa.

Q: What is a good place to stay at El Paso?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   I stayed at the EconLodge in El Paso. They charge $34/night. You 
   get a 10% discount if you are a AAA member (which I got). 

Q: Are there any good eating places near the EconoLodge?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   There's a restaurant called Elmers next door to the Econolodge. Ask 
   the manager of the Econolodge for a card which gives you a 10% discount 
   at Elmers. There's a good Indian Restaurant (for those who like ethnic 
   Indian food) within 3 miles of the Econolodge. The food is good and the 
   price is reasonable. 

Q: Do I need to have a Mexican Visa to go to Juarez?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You do not need a Mexican visa to go to the U.S. consulate in Juarez.

Q: Any suggestions for dos and don'ts in Mexico?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Do not drink the water in Juarez. Either carry spring water with you 
   or sustain yourself with coke or fruit juices from the vending machines 
   at the consulate and nearby restaurants. Eating food there is also not 
   particularly advisable.

Q: What is the best form of transportation from the El Paso airport to the 
   Econolodge?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   The EconoLodge has a shuttle service that can pick you up and drop 
   you off at the airport (915)-778-3311.

Q: What is the best means of transportation from the Econoldge to the 
   U.S. Consulate and back?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   A taxi driver by the name of Jesse Esparza (915)598-0204 offers the 
   cheapest fare for roundtrip transportation from your hotel to the U.S. 
   consulate. He charges $35 for a party of 4 or less people. He will pick you 
   up from your hotel and take you to the consulate in the morning. On your 
   way back you must take a Mexican taxi from the Consulate to the border. 
   Do not pay more than $10 for the Mexican taxi service to the border. You 
   then walk across the bridge and enter the U.S. side, clear the immigration 
   and customs and then call Jesse Esparza again. He picks you up in 5min. Try 
   to use the cabs as a group of 3 or 4 people. You can save a considerable 
   amount of money this way. Also make sure to leave for the consulate early 
   in the morning (a 4.30 am start from your hotel is helpful). The line is 
   usually long.

Q: Is there a fee for the multiple entry H-1B visa?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Recently, the consulate started issuing machine readable visas (MRV). 
   Consequently, the visa fee for Indian nationals is $120 up $20 from the 
   fee of $100. I am not sure about the fee for other countries.

Q: How to get multiple H-1B from Canada?
A: [Dip, NANDID@UCBEH.SAN.UC.EDU]
   Toronto: It takes five working days. You have to stand
   in line for an interview on Monday and the visa is given
   to you on Friday evening.

   Ottawa: I decided to go to Ottawa, but you have to call
   and an appointment.
          Address: 85 Albert Street, suite 805.
          Tel: 613-238-4470 ext 300.
   It is very difficult to get them to talk to you, so you
   have to keep trying. I got them on Tuesday in between 2-4 pm.
   Once you have the appointment, the rest is easy. 
   H-1 appointments are made on Tuesday mornings only (8:30 am to noon). 
   You need: passport, H-1 approval form, Photo, Job letter,
   Labor certification, pay stubs, $ 100 cash. The above items will be
   mentioned to you when you call to make the appointment.
   The visa is given to you on Wednesday at 3 pm.

   Place to stay: I stayed at the Butler Motor Hotel,
          112 Montreal Road (tel : 613-746-4641).
   There are several Motels on the same street. The daily charge,
   including breakfast, is $ candaian 44:50/day.

   Ottawa is a beautiful city and you will have enough time
   to check out the downtown which is pretty.

   Montreal: US consulate phone # 514-398-9695

   Quebec City: US consulate phone # 418-692-2095. I believe that in
   For Quebec, starting from Nov 1'94 anybody applying for visa needs
   prior appointment. Visa working days are Mon,Wed and Fri. If you are
   granted visa, your passport will be given on next "visa working day".

Q: Where to stay in Quebec?
A: [from Kalpesh Sheth, ksheth@BBN.COM]
   US consulate is surrounded by number of hotels/motels (chateau in
   french). Consulate is in old Quebec city and be sure to make reservation
   in the hotel, which is nearby consulate. Any thing in old quebec city is
   walkable distance. Avoid taking car to consulate if possible, because
   parking is rare (or you can park in one of the paid garage and then walk
   for 2 min.). I stayed at Hotel Chateau Bellevue(1-800-463-2617). It was
   right infront of consulate. Price was CAN$59/night. Other which are
   nearby are Au Chateau Fleur De Lys(1-800-567-2106), Le Chateau De Pierre
   (1-418-694-0429). For more details refer to AAA tour book on Quebec.
   Consulate is loc. at 2,Terrasse Dufferin, in downtown quebec. Once your
   appt. day is over you can look around for cheaper deals.

Q: How is the experience of getting H1 Multiple from Quebec?
A: [from Kalpesh Sheth, ksheth@BBN.COM]
   Very very friendly. When you fill up the form, one person will ask
   you different questions about your case and charge you US$ 20 right away
   as visa processing fees. After that, you will be asked to sit down and wait
   for officer to call your name. He asked me different questions like how
   is it like to work with my company. What kind of products you have, what
   do you do etc. I gave him enough doze of buzzwords that he can't
   understand! Then he asked for my EAD card (may be just wanted to make sure 
   my transition from F-1 to H-1 was without any holes :-)). That's it!! He
   told me to come back on Monday (as my appt. was on Friday) to pick up my
   visa. They will charge another US$ 100 for visa. (Total cost of visa is
   US$ 100 + US$ 20 = $120)

Q. What documents do I need for H4 visa when applying at US
   consulate ?
A:[From Mahesh Kumar Bagade, c23mkb@kocrsv01.delcoelect.com and others]
  Necessary papers for your spouse's H-4 visa:

  1) I-797 form (your H-1B working permit) : Original
  2) Letter of employment from the company you work 
     for with salary : Original
  3) A Letter addressing Consulate in favour of 
     your spouse visa: Original
  4) Copy of first 5 pages of your passport. : Notarized
     (Make sure that you have the copy of the page with 
     current valid visa.)
  5) Copy of the Marriage certificate : Notarized
     If marriage certificate is not in English get it translated
     to English and get it Notarized. Better to take the original
     marriage certificate with you.
  6) Bank statement [proof of money for supporting your spouse]
  7) A couple of your paychecks would be a plus point.
  8) Original passport of spouse
  9) Couple of marriage photographs and a marriage invitation card.
  10) Finally a $100.00 fees for the visa process.

Q: For how many months are the papers sent for H4 valid?
A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com]
   The papers sent are valid as for atleast 2 months.

Q: Documents for H4 have been sent. If I change jobs should
   I resend a fresh proof of employment from my new employer?
A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com]
   In case of a new H1-B notification, it's better to submit  the new
   H1-B notification and letter from new employer also as proof; there
   have been instances where the consulate has called the employer to
   verify claim of employment. In general, if the job switchover can wait, 
   wait till the visa is issued

Q: Can I renew my multiple-entry visa stamp by mail?
A: [Compiled by Michael Carroll, br.mjc@rlg.stanford.edu]
   Yes, but note that this is only for renewal or reissuance, not
   for obtaining the first one, and note that this is for the visa
   stamp in your passport that relates to travel permission.

   Which types of visa can have stamps reissued in this way?  The
   recording said E, H, I, L, O, and P.  One netter said also A and G.

   First step: you have to obtain the form to fill out, by writing to:
               Department of State
               Visa Services
               Room 238A
               2401 E Street N.W.
               Washington, D.C.
               Phone :  (202) 663-1225.

    You need to say that you want your visa (stamp) reissued, and 
    would like copies (specify how many) of the appropriate form, 
    which I believe is Form OF-156.  You must also enclose a stamped
    self-addressed envelope for them to send you the forms & instructions 
    in.  

    Second step: You should receive instructions along with the form.
    In summary, the things that need to be sent back to the above
    address are:
      1)  Your passport containing the stamp that's to be renewed;
      2)  The form they sent you (OF-156);
      3)  The original of your I-94, not a copy;
      4)  A copy of your petition approval (I-171C or I-797);
      5)  Letter from employer;
      6)  Another stamped self-addressed envelope with enough postage
          for the return of your passport (courier service could 
          also be used).
      7)  A check for the renewal fee [for H1B fee is $100]
    
    Six weeks is the normal processing time, or to allow that long.  

Q: What are the different types of H-1 visas?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   An H-1B classification is temporary (three years, extendable for 
   another three).  People loosely refer to H-1B as H-1.  So they are 
   the same thing.  The following variations exist within H-1:

        H-1A    Registered Nurse
        H-1B1   Specialty Occupation (Professionals)
        H-1B2   U.S. Department of Defense special visas
        H-1B3   Artists, entertainers or fashion models of national or
                international acclaim
        H-1B4   Artists or Entertainers in unique or traditional art form
        H-1B5   Athletes
        H-1BS   Essential support personnel for H-1B entertainer or athlete.

Q. What is the difference between Labor Certification and 
   Labor Condition Application? I do understand that one is for 
   H-1B and the other is for Green Card. Beside this, there must 
   be some other difference. What's it?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
   An LCA is a very abbreviated procedure.  It is merely a one page 
   form that is routinely certified by the department of labor within 
   7-10 days.  The labor cert. is a much more complicated procedure 
   that is not "routine."  It requires a lot more time and effort.

Q: It is widely understood that a job ad is required for Labor 
   Certification.  Some one told me that a job ad is also required 
   for Labor Condition Application but some others told me that it 
   is not necessary. What is the truth? If LCA required a job ad, 
   why is the job ad required one more time later on in Labor Certification? 
   What is the difference?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
   No job ad is required for LCA.  Only internal notices need to be 
   posted by the employer.  Additionally, within 24 hours of filing an 
   LCA, the employer is required to maintain certain documentation within 
   their own premises.

Q: What is the role of my academic degree in applying for the Labor
   Condition Applicaiton or Labor Certification? It is said that 
   at present only advanced degree (Master, Ph.D) can have good
   chance to get approval of the Labor Condition Applicaiton or 
   Labor Certification. Is that true?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
   For H-1, a Bachelor's degree in a narrowly defined subject area is 
   sufficient. PhD has NO additional significance.

   For a labor cert., chances of success depend upon how many people can 
   qualify for the job.  If an ad is placed for a Bachelors degree, 
   chances are a lot more people will apply than would for a job that 
   require a PhD degree.  Plaese remember, it is not advisable to tailor 
   a job to suit your own needs.  If the employer asks for restrictive 
   requirements for the job, the department of labor will object to it.  
   Also, the higher the qualifications, the bigger the salary must be.

   It is NOT true that ONLY advanced degrees have a good chance of success.  
   There are a lot of variables that need to be considered.

Q: When employer fires an employee on H1-B visa for whatever reason, 
   what will happen to the legal status of the person (employee)?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
   When an H-1 employee gets fired, technically, they have 30 days to leave
   the country.  Also, they can ask that the employer pay for their one way
   air ticket to the country of residence.

Q. Can I submit a LCA, then resign and then stay in US legally? or do I 
    have to wait till I get LCA certified, file a petition for H1 and then 
    resign to stay in US?
*A: [From Rajiv S. Khanna, rskhanna@immigration.com]
    You can resign whenever you want, as long as you have another leagl
status (such as an F-1 visa).  No restriction.

Q. Can someone on H4 take up an assistantship after being admitted to school
   based on the fact that he/she has applied for status change to F1 at INS?
A: [From Pramod S. Badjate, badjatep@agcs.com]
   *No*. Some of the people who had responded to this said that proof 
   of application for status change (to F1) is sufficient to start working 
   part-time at school. However, the ISO advisor at my school and 
   Mr. Rajiv Khanna (a helpful lawyer on net who can be reached at
   rskhanna@immigration.com)  said that while you are on H4, work is not 
   permissible. You have to have your F1 to begin work at school.

Q. How do I change my status from H4 to F1?
A: [From Pramod S. Badjate, badjatep@agcs.com]
   There are two ways:
   1. You can file for a status change with INS by sending in your 
      application through mail. You will have to check with your ISO or INS 
      about the forms and fees, etc.  But this process of late has been taking 
      a few months. If you have to join school by then, consider option 2.

   2. Fly over to Juarez or some such place outside US and apply for F1. We 
      did that in the case of my wife successfully a few days back. They will 
      need I20, proof of financial support, etc. - the normal stuff required 
      for F1. It was not a problem at all.

Q. What if my spouse has to go back on H4? (If I change a job, etc.)
A: [From Pramod S. Badjate, badjatep@agcs.com]
   You can use the same process again to change your status.

-----------------------------------------------------------------

Archive-name: us-visa-faq/part4
Last-Modified: March 30, 1995

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part4. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part4
in the body of the message.

Please see part1 of this faq for standard disclaimers.

If you have access to the Web you can also access the FAQ  
from http://www.fred.net/mahesh/immigration.html

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@netcom.com directly.  In many answers below, submitters are 
noted in parentheses at the beginning of comments.  (Comments may be 
slightly edited.)

"WE CLAIM NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION, EXCEPT 
FOR THE QUESTIONS THAT WE HAVE ANSWERED.  APPLICATION OF LAW CAN VARY 
DRASTICALLY ACCORDING TO THE FACTS OF A PARTICULAR CASE.  THE FAQ IS NOT 
MEANT TO BE SPECIFIC LEGAL ADVICE.  IT IS ONLY A STARTING POINT.  MUCH OF
THE INFORMATION CONTAINED IN THE FAQ IS PROVIDED BY LAYPERSONS.  PLEASE USE
YOUR OWN JUDGMENT."

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                      J Visa
                      ------

Note that not all J1 visa holders are subject to the two-year home
residency (HRR) requirement.  Examine your IAP-66 form (bottom left
corner) and the visa stamp in your passport.  You are generally
subject to the HRR if you at any time accepted money from either your
home government or (particularly) the US government or if you are on a
special skills list (medical doctors in particular).  The home
residency requirement aims to protect the home government and the
goals of the exchange agreement.

If you changed schools, funding agencies, etc., you may have a
checkmark that the requirement does not apply on your current visa
stamp or IAP-66.  However, "once subject to the HRR, always subject",
i.e., thus, this does not help.

[modified by rskhanna@access.digex.net]
Q: On what grounds can I get a waiver?
*A: 1) AT the request of a U.S. government agency (NASA, NSA, CIA, ...)
   If a U.S. govt. agency declares an interest in you and petitions the USIA to waive
   the HRR. Could be a very good avenue if you work for that
   agency or do security-related work.

[modified by rskhanna@access.digex.net]
*   2) extreme hardship to  U.S. citizen or Green Card holder spouse or
child:  This is a good option if the ehardship is likely to be
extraordinary.  Mere desettlement or economic loss may not be sufficient.

   3) political persecution; residents of European countries might
   not want to pursue this. Residents of the PRC have a blanket
   waiver (Pelosi bill?).

   4) NORI/no-objection: the home government issues a statement
   of no-objection; seems to be the common and successful approach
   for Indian citizens.

[modified by rskhanna@access.digex.net]
Q: Who makes the waiver decision?
*A: It is a combined decsion by USIA and INS (with much weight being given
by INS to the decision of USIA).

Q: What's a NORI?
A: "No obligation to return"; also known as a "no-objection"
   statement. Issued by the home government, usually through their
   consulate. Issued routinely by most European countries, but
   may not help a lot (see next question).

Q: If I get a NORI, will I get a waiver?
A: No. The NORI is a necessary condition (for this particular form
   of waiver), but not sufficient. Generally, the determination is
   up to the USIA. Fulbright students can generally forget a waiver
   unless they fall below the threshold (see next question).

Q: Is there a threshold of money received below which a waiver is
   automatically granted?
A: No, but if you received less than $2000, you at least have a
   chance.  Fulbright grantees' applications have been known to be
   rejected even with grants below that, on the argument that the
   program itself, beyond monies expended on behalf of an individual,
   push each individual above that limit.  Above that limit, you can
   only hope to be from the PRC, or use the other avenues described
   above.

Q: Can I pay back the money I got and get out of the HRR?
A: No. In this respect, Fulbright grants differ from all other
   college grants, which, if you don't live up to your end of the
   bargain, at worst forfeit the loan waiver.

Q: Does marriage to a US citizen help?
A: No. If the US citizen was dumb enough to marry a J1 visa holder,
   her/his problem. (see 'extreme hardship' for unlikely exception).

Q: How do I go about applying for a waiver?  Do I have to work for 
    the sponsoring agency?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
   It is *not* true that you have to work for the sponsoring agency.  Of 
   course, if you do work for them it helps.  More specifically, the 
   following can happen: one works for a certain company doing research or 
   other work that will lead into the development of a product or of a 
   technology that will give the US a market edge  or a technological edge.  
   Clearly, any such claim will have to be backed up by company statements, 
   descriptions, recommendation letters etc. Then, an alternative route is 
   through the Department of Commerce.  The latter will examine the case and 
   decide whether they want to apply for a waiver on your behalf with USIA. 
   Actually, that was my case; I am currently in the period where USIA has 
   recommended the waiver to INS but the latter have not yet decided. In case 
   you are wondering about the type of my research, I do work on 
   computational/molecular biology and pattern matching.  Two more alternatives
   that I know of are waiver applications sponsored by the Department of Health
   (for those that are in health science fields), and by the Department of
    Defense.
   

Q:  How long does the whole process take?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
     The period between the day you file with the Department of Commerce and 
     the day USIA makes a decision is in the order of 4 months.  To this one 
     should add an overhead of 3 months or so during which period one is 
     preparing the application package: supporting documents, recommendation 
     letters, etc.

Q: Do I need to hire a lawyer to apply for a waiver?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
   Probably not a good idea given that the necessary overhead (paperwork) is
   probably more than one can handle.

[modified by rskhanna@access.digex.net]
Q: When can an interested U.S. Govt. agency sponsor me for 
   a waiver of the HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
*   In most cases, you need to work directly for the interested Government
agency or work for them through a contractor.

Q: Can I get an extension of my J-1 visa status if I apply for a
   waiver of the HRR?
A: [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]
   An extension of the J-1 status is possible if the extension is
   requested before you apply for a waiver. If the USIA has any proof
   of intent to abandon the exchange program, the J-1 status extension
   will be refused.

Q: Can I change my visa status from J-1 to O-1 (temporary alien
   worker of extraordinary ability) if I am subject to the HRR?
A: [From Muralidhar Rangaswamy, rangaswamy@plh.af.mil]
   In a recent change to the law, the INS in their release of
   August 30, 1994 specifically addressed this issue. The rule
   pertaining to section 212(e) of the Immigration and Nationality
   act now includes the O-1 visa status as well. Therefore, the
   answer to the above question is definitely NO.

Q: Can an interested U.S. Government agency sponsor me for 
   a waiver if I work for a private company?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Certainly. Your company needs to demonstrate that by hiring you, 
   the USA gets a technological or market edge. Relevant documents 
   should be submitted to the Dept. of Commerce which will then make 
   a decision to sponsor you or not.

Q: If an interested U.S. Govt. agency sponsors me, will I get a waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   I am not aware of anyone who has been refused an IGA 
   (Interested Govt. Agency) waiver.

Q: How long does it take for me to obtain the waiver once I submit 
    my papers to the interested Govt. agency?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Approximately 4-6 months (There is no standard time frame though).

Q: What is the procedure followed in an IGA waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You first submit the necessary forms and supporting documents to the 
   interested U.S. Government agency. If they decide to sponsor you for 
   a waiver, they send their recommendation to the USIA directly and 
   advise you of their action. The USIA sends you a `Data Sheet' which you 
   need to complete for their review. The USIA then makes a recommendation 
   to the INS to grant the waiver or otherwise.

Q: How often can I apply for a waiver?
A: Every six months.

Q: What happens after the USIA makes a favorable recommendation for
   the waiver of the HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   The USIA forwards its recommendation directly to the local INS 
   office (the one listed in your data sheet). The immigration then 
   sends you a notice form I-797C indicating the receipt of the 
   recommendation and informs youthat it takes 30-60 days to 
   process your case.

Q: Do I need to submit additional documents to the INS for the waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   No. Just sit back, relax and await the final letter from the INS.

Q: How long does it take for the INS to grant the waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Usually 30-60 days from the date the INS receives the USIA's 
   recommendation.  In my case, the INS received the USIA's 
   recommendation (dated March 23, 1994) on April 25, 1994. I 
   received the final waiver letter from the INS (dated June 2, 1994) 
   yesterday. Therefore, it is approximately 6 weeks processing time.

Q: Can I petition for change of status from J-1 to H-1 as soon as I 
   receive the USIA's recommendation or do I need to wait for the final 
   waiver from INS?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You don't have to wait for the final waiver from INS for petitioning 
   for the change of status. You can do it as soon as you receive a favorable
   recommendation from the USIA.

Q: Has anyone been refused a waiver by the INS after the USIA has made a
   favorable recommendation?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   I don't know of any such case. INS usually accepts the USIA's 
   recommendation.

Q: I have already been denied a waiver based on a "no objection" statement.
    Will it help me get a postive response to an application based on a
    "no objection" statement if I am able to demonstrate that a University
    is interested in hiring me?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Your employer can write a supporting letter and make you the 
   beneficiary of a petition with an interested U.S. Government agency. 
   The interested U.S. Government agency can then sponsor you for a waiver.

Q: How likely is it that a philosophy gradute will be able to get a waiver
    by having a University tell the Department of Education they need his or 
    her services and "having" the Department of Education apply to USIA?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   The University must demonstrate through extensive documentation that by
   hiring you, the U.S. will get a significant edge in terms of your 
   contributionsto the education field or the lack of your efforts would 
   significantly impact the successful completion of a project of great 
   interest to the Department of Education.

Q: Can I accept a tenure track university position under the premise that
    I will complete the first 18 months on a J-1 visa as practical training, 
    then return to home country for 2 yrs, and then come back?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   I don't see why not. However, for you to come back, you must ensure that 
   one of the following happens
   (1) Your employer is willing to wait for 2 yrs and keep the position 
       open and is willing to sponsor you for an H-1 visa for you to return 
       to the USA.
   (2) You have applied for a waiver of the HRR (and you are reasonably 
       certain to get it). Then you can have your employer sponsor you for 
       an H-1 visa.

   If I was in your situation, I would pursue the second option. Try for a 
   waiver while you are on the practical training and convert to the H-1 visa. 
   There is alegislation (to be decided on in July 1994) submitted to the U.S. 
   congress seeking significant changes to the approval and adjudication of 
   H-1 petitions. If this goes through, obtaining H-1 visas will be more 
   difficult.

Q: If I win a green card in a lottery, am I no longer subject to HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Once subject to the HRR, always subject. Therefore, even if you win the
   lottery, you cannot change status to permanent residence until you submit
   evidence that
     (1) The 2yr HRR has been waived.
     (2) You have served the 2yr HRR sentence.

Q: One can not appeal a denial to an application for a waiver based on a
    "no objection" statement. Can one apply again on the same grounds?
    Is there any hope of success in such a case?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Don't know about this one. The law merely says that you can apply for a
   waiver every 6 months. I don't know if there is a restriction on the
   # times you can apply. Also, I am not sure if you can apply on the same 
   groundsmore than once. You may want to consult an attorney.

Q: Will it help me to get a waiver to switch to F-1 visa (rather than 
    just to a different sponsor)?
*A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
        [modified by rskhanna@access.digex.net]
   Changing status to F-1 will not help.

Q: I am a PH.D student in the humanities. After I finish my studies, how 
    long is my practical training period on J-1? 18 months? 3 yrs?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    Not sure about this one too.

Q: What do I need to show after the two years to prove that I 
   resided and worked in my home country?
A: Good question. Anybody know?

Q: Can I apply for H-1B, permanent residency, etc. while serving the
   HRR?
A: Yes. The visum will be issued the day your two years are up. This
   is particularly advisable for those who can get visas without
   labor certification (family preference). You can apply at the
   US consulate in your home country.

Q: Can I visit the United States while serving my two-year sentence?
A: Yes, but the time is (supposedly) subtracted from your residence time.
   Vacation in a third country is o.k.

Q: Do I have to return to my home country?
A: Yes. More precisely: country of citizenship or last residence
   prior to entering the United States.

Q: Can I reside in my home country and work in another country?
A: Currently not. Apparently, there are rumblings about making
   residency and work in any of the European Community countries
   equivalent, but that has not happened. 

[modified by rskhanna@access.digex.net]
Q: Can I work for a company of my home country in another country?
A: Not sufficient.

Q: Does writing to your congress person help?
A: No, you just get a longer letter of denial.

Q: What is USIA's address?
   [from Michael Galperin, MYGALP01@ulkyvm.louisville.edu]
A: YOU DON'T WRITE TO USIA. It is done either by your embassy or by 
   interested US agency (NIH, DHHS, DOE etc). Anyway, the address is 
   (courtesy of our International Center):
 
        US Information Agency
        Office of the General Counsel
        Waiver Review Office
        Washington DC 20547
        Phone (202)-475-2385 

Q: Does a J1 have any advantages?
A: Yes. You get 36 months of practical training (instead of 12 months
   for an F1). Also, your spouse may work on a J2 visa during your
   stay after getting permission from INS.

Q: What constitutes intent to abandon the exchange program?
A: [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]
   Any of the following 5 conditions is sufficient proof of intent to
   abandon the exchange program.
   (1) The USIA receives through diplomatic channels a no-objection
       statement from the J-1 holder's home government.
   (2) The USIA receives a statement from the INS stating that the
       J-1 holder or his/her U.S. citizen (or permanent U.S. resident)
       spouse will be subject to considerable hardship on account of the
       HRR.
   (3) The USIA receives a statement from the INS stating that the
       J-1 holder will be persecuted in his/her home country on account
       of his/her political or religious beliefs.
   (4) The USIA receives a statement from an interested U.S. Government
       agency stating that the imposition of the HRR would be detrimental
       to its interests and therefore, requesting a waiver on the J-1
       holder's behalf.
   (5) The USIA receives a completed data sheet from the J-1 holder.

Q: What are the consequences of seeking an extension of the J-1
   status if the J-1 holder has shown proof of abandoning the exchange
   program?
A: [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]
   The program sponsor will either object to the waiver or refuse the
   extension of the J-1 status (The program sponsor will not issue a
   new IAP-66 needed for the extension in most cases. I have known of
   one case where the sponsor objected to the waiver.). This is because
   the sponsor will be threatened with exclusion from the exchange
   program list of the USIA, if they act otherwise.

Q: Is the J-2 visa holder (spouse and children of a J-1 visa holder) 
   subject to the 2-year home residency requirement, too?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes

Q: I am a graduate student on J-1 visa. Do I need to have a secured job 
   in USA in order to apply for a waiver?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   No

-----------------------------------------------------------------

Archive-name: us-visa-faq/part5
Last-Modified: March 30, 1995

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part5. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part5
in the body of the message.

Please see part1 of this faq for standard disclaimers.

If you have access to the Web you can also access the FAQ  
from http://www.fred.net/mahesh/immigration.html

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@netcom.com directly.  In many answers below, submitters are 
noted in parentheses at the beginning of comments.  (Comments may be 
slightly edited.)

"WE CLAIM NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION, EXCEPT 
FOR THE QUESTIONS THAT WE HAVE ANSWERED.  APPLICATION OF LAW CAN VARY 
DRASTICALLY ACCORDING TO THE FACTS OF A PARTICULAR CASE.  THE FAQ IS NOT 
MEANT TO BE SPECIFIC LEGAL ADVICE.  IT IS ONLY A STARTING POINT.  MUCH OF
THE INFORMATION CONTAINED IN THE FAQ IS PROVIDED BY LAYPERSONS.  PLEASE USE
YOUR OWN JUDGMENT."
Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                       F Visa
                       ------

Q: Who can apply for an F-1 visa?
A: [Gregory Siskind, gsiskind@telalink.net]
   Any alien who has applied to and been accepted to enroll on a full-time
   basis in an academic education program which has been approved by the INS 
   to accept F-1 applicants is eligible to apply if the student is proficient 
   in English or engaged in English language courses leading to English
   proficiency.  The alien must also demonstrate sufficient financial resources
   to study without having to work and he or she must also show that there is 
   no intent to abandon residency in the students home country.

Q: Can other non-immigrants pursue studies in the U.S.?
A: [Gregory Siskind, gsiskind@telalink.net]
   Yes.  Dependents of A, G, H, L, E, and I aliens may study on a full- or
   part-time basis.
   Workers in the B-2, H-1, H-2, H-3, L-1, E-1 or E-2 categories can pursue
   incidental educational activities as long as the educational activity is not
   the aliens primary activity.

Q: Can I pursue an F-1 visa if similar training is available in my home
    country?
A: [Gregory Siskind, gsiskind@telalink.net]
   Yes.  However, to pursue practical training, such training must not be
   available in the aliens home country.

Q: How long can I stay on an F-1 visa?
A: [Gregory Siskind, gsiskind@telalink.net]
   Foreign students are permitted to stay in the U.S. for the entire period of
   enrollment in an academic program plus any period of authorized practical
   training and a 60-day grace period to depart the U.S.  The whole period is
   normally referred to as duration of status and is noted on the I-94 as
   D/S.  The student must complete the academic program prior to the date of
   expiration listed by the designated school official on the I-20AB (a form
   issued by the school).

Q: Must an F-1 student be studying on a full-time basis?
A: [Gregory Siskind, gsiskind@telalink.net]
   Yes.  At the undergraduate level, this normally means at least 12 academic
   hours.  Graduate level full-time is left to the school to define
   (especially since work on a thesis or dissertation may constitute full-time
   work even though no credit hours are being taken).

   Students may be permitted to pursue part-time study if the foreign student
   advisor recommends this for academic reasons (such as the need to improve
   English skills) or because of illness.

Q: Am I in status if I do not study during my schools summer vacation.
A: [Gregory Siskind, gsiskind@telalink.net]
   Yes, if you are eligible and intend to return to school in the next term.
   You may take a vacation at any point after an academic year is completed,
   but two vacation terms may not be taken consecutively and vacation time may
   not be accumulated.

Q: What if I am unable to complete my program by the time indicated on my
    I-20AB?
A: [Gregory Siskind, gsiskind@telalink.net]
   You must apply to your foreign student advisor for an F-1 extension within
   30 days preceding the expiration of your I-20AB.  You are eligible for an
   extension if 1) your application is timely; 2) you have maintained your
   status without violation; and 3) you can demonstrate that the need for an
   extension is due to compelling medical or academic reasons.

Q: What are the procedures for applying for an F-1 visa?
A: [Gregory Siskind, gsiskind@telalink.net]
   Unlike most non-immigrant visas, it is not necessary to obtain prior
   clearance from the INS.  Rather, the student must obtain an I-20 A-B
   Certificate of Eligibility from the school where the student intends to
   enroll and submit together with the OF-156 Non-Immigrant Visa form and
   supporting documentation regarding financial resources evidencing an intent
   to return to the students home country to a U.S. Consulate in the students
   home country.  After the visa is issued, the student applies at the U.S.
   border for admission. If the applicant is already in the U.S. in another
   non-immigrant status, the student applies to the INS.

Q: What financial requirements must be met to receive an F visa?
A: [Gregory Siskind, gsiskind@telalink.net]
   The applicant must demonstrate adequate financial support to cover him/her
   through the entire academic program will be available and that adequate 
   funds are currently available for the coming academic year.  Acceptable 
   evidence may include school financial aid, personal and family funds and 
   government assistance.  Anticipated earnings from employment during school 
   may not be used to show adequate financial resources.

Q: How strong must my English skills be to qualify for the F-1?
A: [Gregory Siskind, gsiskind@telalink.net]
   The school must certify that the prospective student has proficiency in
   English (usually demonstrated by passing an English proficiency examination
   like the TOEFL) or the student will be enrolled in courses in a language in
   which the student is proficient or the student will be enrolled in a full
   course of study consisting of both academic courses and English instruction
   or the student is enrolled in a language training program constituting a 
   full course of study.

Q: What evidence do I need to present to show bona fide non-immigrant
    intent?
A: [Gregory Siskind, gsiskind@telalink.net]

   i) Family ties - You should be able to present evidence of the existence of
      immediate family members as well as their ages, occupations, residences, 
      and standing in the community (an affidavit from a parent should be 
      adequate).

   ii) Community connections - The students participation in his community such
       as memberships in organizations, religious groups, etc.

   iii) Financial ties - Ownership of assets (especially a home) in the home
        country.

   iv) Job prospects - present evidence to show likelihood of being offered a 
       good position upon returning home.  A letter from a potential employer 
       may be helpful.  Also, be prepared to explain why the same education in 
       the home country is not ideal.

   In rare situations, the consul may request that the student post a
   Maintenance of Status and Departure Bond with the local INS office.

Q: Is it difficult to change from another non-immigrant visa category to
    student status?
A: [Gregory Siskind, gsiskind@telalink.net]
   Yes. The INS often presumes that the alien entered the U.S. in another
   category with a preconceived intent to attend school and circumvent the
   normal visa issuing process.  This is particularly true if the change is
   requested shortly after entering the U.S.  A wait of 60 to 90 days before
   switching is advisable in order to avoid presumptions of fraud.

Q: Can I transfer schools on the same F-1 visa?
A: [Gregory Siskind, gsiskind@telalink.net]
   Yes, if you are currently a genuine non-immigrnat student, you may have been
   pursuing a full course of study at the school you were last authorized to
   attend during the term immediately preceding the transfer, you intend to be a
   full-time student at the new school and you are financially able to attend
   the new school.

   When you seek a transfer, you must notify the present school of the transfer
   and obtain the I-20 AB from the new school.  You must complete the Student
   Certification portion of the I-20AB and deliver it to the foreign student
   officer at the new school within 15 days of beginning attendance at the new
   school.  The foreign student officer will endorse the transfer on your I-20
   copy and return it to you.  The foreign student officer then sends the
   original I-20 to the INS and a copy to the old school.

Q: What if I am changing educational programs but remaining at the same
    school?
A: [Gregory Siskind, gsiskind@telalink.net]
   If you are changing programs (e.g. B.S. to M.S.), the student must apply for
   a new I-20AB for the new program and submit to the foreign student advisor
   within 15 days of beginning the new program.  The foreign student advisor
   will return pages 3 and 4 of the I-20AB to you and sends pages 1 and 2 to the
   INS service center within 30 days.  Your permission to work off campus is not
   affected.  If you are simply changing majors, but pursuing the same degree,
   no notification is required.

Q: What are the procedures for pursuing on campus employment?
A: [Gregory Siskind, gsiskind@telalink.net]
   Any F-1 who is maintaining status may work on the schools campus for up to
   20 hours/week during school and full-time during breaks.  On-campus
   employment may not displace US workers, but no proof of this is required.
   The basic test is whether the position is traditionally filled by students
   or workers.  Most schools require you to receive authorization from your
   foreign student advisor, but INS permission is not necessary.

   For graduate students, on-campus employment includes employment by employers
   off-campus which have an educational affiliation or research contract
   relationship with your school.

Q: What are the options for off-campus employment?
A: [Gregory Siskind, gsiskind@telalink.net]
   The pilot off-campus employment program available since 1990 will expire on
   September 30, 1994 and, as far as I have been able to determine, has not been
   renewed.

   Off campus employment is still available in cases of severe economic
   hardship.  You must meet the following conditions to pursue off-campus
   employment:

      - you are in good academic standing and are studying full-time;
      - you can show severe economic hardship (the following may be acceptable):
      - loss of financial aid or on-campus employment through no fault of the
        student;
      - major currency fluctuations
      - inordinate tuition or living expense increases;
      - unexpected financial changes in the students source of support;
      - unexpected expenses
      - on-campus employment opportunities are unavailable;
      - one academic year has been completed;
      - the foreign student advisor recommends work authorization

    To obtain work authorization, Forms I-538 must be submitted to the foreign
    student advisor for certification.  The student must submit to the local INS
    office the certified I-538, Form I-20 (student copy), Form I-765, a filing
    fee for the I-765 (see list of fees in the FAQ), and supporting evidence
    showing economic hardship.  If approved, the student will receive a one-year
    employment authorization card permitting up to 20 hours/week of work.

    Employment authorization may be available under the curricular practical
    training program if the proposed employment is an integral or important part
    of the F-1s curriculum.  Any employment required for a degree qualifies, but
    the employment need not be a prerequisite for the degree in order to get CPT
    if the course credit is available for the employment, CPT is listed in the
    schools course handbook and a faculty member oversees the course.

    Where employment is required for an undergraduate degree, 9 months of study
    must be completed.  Where employment is required for a graduate degree,
    employment may begin right away.  Where employment is not required, 9 months
    of study must be completed, regardless of whether the student is at the
    undergraduate or graduate level.

    To apply, the foreign student adviser will mark on the back of the students
    copy of the I-20AB whether the authorized work is full or part time.  If 
    part time, only 20 hours/week of work are allowed.  Full time work is 
    possible and enrollment is not necessary.  There is no time limit on this 
    type of employment, though eligibility for post-completion practical 
    training is lost if curricular practical training lasts more than 12 months.

    Optional practical training is available either before or after graduation
    for a total period of up to twelve months.  Pre-graduation and
    post-graduation training periods are added together to determine if 12 
    months are exceeded.  Part time work is counted as one-half the amount of 
    time of full time work.  The training must be in the students educational       field.

    Pre-graduation practical training is available during the school year if
    employment is less than 20 hours per week and the student has been enrolled
    for at least 9 months.  Post-graduation practical training is available upon
    completion of required course work or when the course of study is complete.
    While engaging in post-graduation practical training, the student may enroll
    in school on a part time basis.

    If a student returns home for five months or more and returns to engage in a
    new course of studies, the student gets 12 more months of employment
    authorization.  But if a student merely transfers schools, he or she will
    have to get new employment authorization and will have to split the 12 
    months between the schools.

    To obtain practical training, the student must apply to the foreign student
    adviser to endorse Form I-538.  The student then applies directly to the
    local INS office for an employment authorization document (EAD) by filing
    Form I765 with fee and Form I-538.

    You may apply for post-graduation practical training as early as 90 days
    prior to completion or 30 days after.  The INS will issue the EAD effective
    from the date of completion of studies or the date on which the EAD is
    created - whichever is later.  An employment offer is not required.

Q: What should I do if I am out of status on my F-1?
A: [Gregory Siskind, gsiskind@telalink.net]
   You should be able to regain status through departure and re-entering using
   a valid F-1 visa and Form I-20 (student copy) validated by your foreign
   student adviser if you can convince the INS of the following:

     1) the status violation resulted from circumstances beyond your control or
        that failure to receive reinstatement would result in extreme hardship 
        to you;
     2) you currently are pursuing or intend to pursue a full course of study at
        the school listed on the I-20;
     3) you have not engaged in unauthorized employment; and
     4) you are not otherwise deportable.

Q: What status will my spouse receive?
A: [Gregory Siskind, gsiskind@telalink.net]
   A dependent spouse and children (under age 21) are eligible for an F-2 visa
   valid for as long as the F-1 is in valid status.  F-2s may study on a full
   time or part time basis, but may not receive financial aid or engage in
   employment.

Q: Is an F1 visa holder permitted to start their own business
   in the US (as a sole proprietorship or corporation)?  Is
   some sort of a INS permit required?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   While the possible permutations/combinations are many, overall, an F-1 
   student cannot engage in business.  There are restrictions against 
   off-campus employment and against unauthorized employment.

   Technically, it may be possible to form a corporation, obtain pre or post 
   completion employment authorization and then have the corporation hire 
   you as an employee, but I am not certain what all the legal implications 
   are.  I am not aware of any INS policy touching on this situation 
   (although I recall INS stating recently that this sort of corporate 
   arrangement was theoretically permissible for an H-1).  So for a definitive 
   answer, I would rather seek a written opinion from INS.

                       Practical Training 
                       ------------------

Q: Can a person keep two jobs while on F-1 practical training, considering
   both jobs are in the same field of study?
A: [from Dale Schwartz, dschw05@ix.netcom.com]
   Yes

Q: If one can work on two jobs, is the person allowed to work for more
  than 40 hours per week as combined total time for the two jobs?
A: [from Dale Schwartz, dschw05@ix.netcom.com]
   Yes. No limit on hours, as far as i have ever heard.

Q: Can one work as a consultant for more than one company while on F-1
   practical training?
A: [from Dale Schwartz, dschw05@ix.netcom.com]
   Employment Authorization aLLOWS just abt any type of employment in the
   USA, if he/she has an EAD card. But rules for practical training have
   changed in the not-too-long-ago past. Please check with your
   foreign student advisor at last school for a copy of the rules.

                       K Visa
                       ------

Q: Who can apply for K visa?
A: [from Neil Kolban, kolban@vnet.IBM.COM]
   The K class visa is the "alien fiance(e)" visa, which an nonimmigrant
   visa.  A US citizen who whishes to marry a foreigner may file a K 
   class petition (I129F) which, when granted, allows the foreigner to 
   enter the US and marry within 90 days of arrival.  Once married, the 
   foreigner should file for conditional permanent residence.  There are 
   two K class visas:
                  K1 - for direct fiance(e)
                  K2 - for children of fiance(e)

Q: How do I obtain a K visa for my fiance(e) (who is not currently in
   the US)?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   You must petition the INS, obtain their approval, and then the
   fiance(e) must submit to an interview at the US consulate in the
   foreign country.

Q: How long does it take to get a K visa?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Generally, once the petition is filed, it takes about 30 days to
   hear from the INS their approval or denial, then at least another 
   30 days for the paperwork to be transmitted to the foreign embassy
   and for the interview appointment to be arranged.  It can take up
   to 5 or 6 months total, though usually it is 90 days or so.

Q: How long is it good for?  What are the conditions?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   It is valid for 90 days, within which time you must get married and
   then apply for the change of status to permanent residence. 

Q: What is needed for the petition?  
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Forms needed: the G-325A, Biographic Information, must be filled 
   out for the petitioner and the fiance(e), and the I-129F Petition 
   for Alien Fiance(e).

Q: Can I do this myself, or do I need a lawyer?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Either.  An attorney can help expedite and answer questions, but
   there is no reason it can't be done without one.  

Q: How much will a lawyer charge?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Varies widely, but quotes here in Los Angeles were:
   $1500 due upon approval of petition
   $1200 covering both fiance(e) visa *and* eventual green card

**note**:  approval of the petition does not complete the process of
obtaining a fiance(e) visa!!  The fiance(e) must still be interviewed
and approved by the consulate. 

Q: How will I know the petition is approved?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   You will be sent a Notice of Action, Form I-797, stating approval
   or disapproval.  

Q: What is needed after petition approval?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   The fiance(e) should call the US consulate, and an
   interview will be scheduled after the fiance(e) has gathered the
   following items:  [from jrallen@devildog.attmail.com]

   --Two certified copies of the birth certificate.  
   --A passport valid for at least 6 months.  
   --A police certificate in duplicate, certifying no criminal record.   
   --A medical examination by a doctor approved by the 
     consulate will take place before the interview.
   --Four color photographs.
   --Evidence of support in the US --proof that the fiance(e) will not
     become a charge of the USA.  Form 167 details what is needed; 
     the Affidavit of Support (I-134) is the usual method.  This form 
     requires:
        
        1) Income, property, and investment information.
        2) Loans and expenses.  
        3) Willingness  to deposit a bond with immigration.
        4) Acknowledgement of the Social Security Act....
        5) Notarized copies of latest tax return.
        6) Statement from employer about salary.
        7) Statement from bank officer about accounts...
        8) If well established as a business owner, a rating from
           a rating agency.
    
    - For previously married persons, two copies of their marriage
      certificate and proof of termination.

Q: What is needed at the interview?
A: [From jrallen@devildog.attmail.com] 
   o Proof of the relationship.  
   o Photos showing the two of you together, letters and correspondence,
     telephone bills, airline tickets, etc.
   The INS is very interested in being certain that it is not a "sham"
   marriage for the purpose of immigration.  Typical questions asked:
   where you met, where the US citizen works.
 
                      L Visa
                      ------

   This entire section was published on page 36 of "India Abroad",
   Dec 31, 1993. I have included just a part of it. "India Abroad"
   or the author of this article is in NO WAY responsible for the
   information provided here.

Q. What is L-1 visa?
A. The L-1 visa category was established to facilitate the transfer
   or rotation of foreign personnel of an international company into
   the United States. Although originally targeted toward large U.S. 
   multi-national corporations, this is an appropriate method for companies 
   of all sizes to seek immediate immigration benefits for their 
   qualifying employees. Further, the L-1 visa may provide quick access
   to lawful permanent resident (immigrant) status in the United States.

Q. Who qualifies for a L-1 visa?
A. The L-1 is available to a foreign national who, within the three
   years immediately prior to entering the U.S., has been employed
   abroad for at least one continuous year and is now seeking temporary
   admission to the U.S. to be emplyed by a parent/branch/affiliate/subsidiary
   of that foreign employer in a managerial or executive capacity, or in a 
   position requiring specialized knowledge.

Q. For how may years is L-1 visa issued for?
A. An L-1 petition may be approved initially for up to three years, 
   with the possibility of extension for up to four more years. In
   the case of a "new office" in the U.S., the L-1 will be limited to 
   one year initially with extensions provided thereafter if the new
   office flourishes.

Q. Can dependants of L-1 come to USA?
A. The spouse and children (under 21 years and unmarried) may obtain
   L-2 visas allowing them to enter the U.S with the principal alien,
   however, they are not allowed to work unless they can qualify on
   their own for a work visa. They are allowed to attend school and/or
   participate in volunatary organizations.  

Q. Can I apply for a L-1 visa?
A. [From Veit Irtenkauf, veit@unify.Com]
   No.  The US subsidiary of the company you work for has to file the
   application.  Part of the application is proof of existance of a
   subsidiary in the country where you currently live (Note: The European
   Union is not considered to be a country.  If you live in France, your
   company has to have an office in France to apply for the transfer.  An
   office in Germany doesn't help)

Q. Can my company apply for multiple L-1 visas?
A. [From Veit Irtenkauf, veit@unify.Com]
   No, since a company is regarded as one legal entity in the US.  However,
   if you work for more than one company, each company could ideally apply
   for a L-1 visa.

Q. What happens, if one of the subidiaries (either in the United States
   or in the foreign country) goes out of business?
A. [From Veit Irtenkauf, veit@unify.Com]
   The L-1 visa is dependent on the existance of both a subsidiary in the
   United States and the foreign country.  If either or both ceases to
   exists, your visa automatically becomes void and your work permit is
   automatically terminated

Q. Does this mean I have to leave the United States?
A. [From Veit Irtenkauf, veit@unify.Com]
   Yes! Since you lost your work permit and your visa, you are not allowed
   to work in the United States any longer, unless you have another visa
   like an H-1B.  If you have a visitor visa (B-1, B-2), you can certainly
   stay, but your are not allowed to work any longer.

Q. In case I want to escape the trap with the involuntary termination, if
   my company goes out of business, can I switch to a different kind of
   visa (e.g., to an H-1B) at any time?
A. [From Veit Irtenkauf, veit@unify.Com]
   Yes.  All what the company has to do is to apply for the other visa.

Q. In case the new visa is not granted will I automatically lose my old
   visa.
A. [From Veit Irtenkauf, veit@unify.Com]
   No.  The L-1 will still be valid, even if your petition for a different
   visa was not approved.  Nor does it have any influence on the extension
   petition for your current L-1, if it can still be extended.

Q. What's the cost for a L-1 visa?
A. [From Veit Irtenkauf, veit@unify.Com]
   It's about $150 for the initial visa and around $75 for the extension.
   Plus the fee for the lawyer.

Q. Do you need a lawyer to get a L-1 visa.
A. [From Veit Irtenkauf, veit@unify.Com]
   Personally you don't, but since the paperwork is similar to the H-1B
   visa, most companies who sponsor L-1 visas hire a lawyer anyway.  See
   the discussion about lawyers in the H-1B section for more details.

                      Visitors Visa
                      -------------

Q: What documents should I send to sponsor for a visitors visa?
A: [From B.G. Mahesh, mahesh@mahesh.com]

        1. Letter of employment from my employer stating
           how much I make and from when I am working for
           this company.
        2. Letter from my Bank.
        3. I-134 and got it notarized in my bank [$1 fee for
           notarization]. You can get I-134 from INS or your
           internationl student office. I heard you can use
           xerox copies of this form. 
        4. Letter from me stating that I will take care of their
           expenses in USA.
        5. Visitor fee $100 each (this might have changed)

Q: How can I extend a visitors visa?
A: [Compiled by Murali Venkat, murali@novell.com]
   
    o Which form needs to be filled?
      I-539 (Extension of stay/change of status)

    o What supporting documents needs to be sent along?
      Reason for asking for extension, proof of financial support       
      (i.e. you have enough financial resources to take care of them), a 
      copy of their return tickets (to show that their stay is temporary).

    o What is the fee?
     $ 75. If a spouse is also included in the same form then its only 
     $10 additional.

    o How much time does it take?
      Depends on the region...about 3-5 weeks.

    o What dates are relevant, I mean should we go by the
      date the Visas are expiring or by the date the I-94 expires?
      THE DATE THE I-94 EXPIRES. The date of expiry of visa is IRRELEVANT.

    o When should we apply for the extension? I mean how many weeks in 
      advance to the I-94/Visa expiration should we apply?
      Between 45 to 15 days of the date of expiry of the I-94. Ideally, 
      1 month before the I-94 expires.

Q: Can the immigration officer at the port of entry (or any other
   INS officer) cancel the B1/B2 visa?  If so, on what grounds?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   The INS can refuse entry (which functionally amounts to the 
   same thing as cancelling a visa).  That happens mostly when 
   the INS discovers something that is contrary to your declared 
   intention in getting the B-1/B-2.  
   Typical example: you have a fiance(e) in the U.S.  INS discovers 
   love letters (long, mushy ones) in your documents.  Or during 
   conversation with an INS officer you let slip that you are panning 
   to get married in the U.S.  These are some of the examples I have 
   seen personally.  Legally, there is a bunch of grounds such as past 
   criminal convictions, past immigration violations, certain diseases etc. 
   (technically called "grounds of exclusion") that can bar ones entry 
   despite possession of a valid visa.

Q: Can I apply for a social security number on a B1/B2 visa?
A: [From Srinivas Kompella, tron!pcdoh!srk@uunet.uu.net]
   Various immigration rules books I have referred to indicate that 
   it is possible to get SS# on B1/B2 visa. Infact any visa is good enough.
   All you need is passport and a drive to the SS# office. They do not usually
   question WHY but if they do the answer is FOR BANKING PURPOSES. 
   They will mail a SS card in a few weeks and it will have NOT ELIGILBE FOR
   EMPLOYMENT stamp on it.

-----------------------------------------------------------------

Archive-name: us-visa-faq/part6
Last-Modified: April 18, 1995

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part6. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part6
in the body of the message.

Please see part1 of this faq for standard disclaimers.

If you have access to the Web you can also access the FAQ  
from http://www.fred.net/mahesh/immigration.html

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@netcom.com directly.  In many answers below, submitters are 
noted in parentheses at the beginning of comments.  (Comments may be 
slightly edited.)

"WE CLAIM NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION, EXCEPT 
FOR THE QUESTIONS THAT WE HAVE ANSWERED.  APPLICATION OF LAW CAN VARY 
DRASTICALLY ACCORDING TO THE FACTS OF A PARTICULAR CASE.  THE FAQ IS NOT 
MEANT TO BE SPECIFIC LEGAL ADVICE.  IT IS ONLY A STARTING POINT.  MUCH OF
THE INFORMATION CONTAINED IN THE FAQ IS PROVIDED BY LAYPERSONS.  PLEASE USE
YOUR OWN JUDGMENT."

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                    Labor/GC
                    --------

Q. How many days/weeks/months does it take to get a Labor Clearance 
   for GC?
A: [from B.G. Mahesh, mahesh@mahesh.com]
   This depends on the state you reside. After you send in the responses
   for your advertisement it can take anywhere from 4 weeks to 1 year.
   [assuming the labor department did not find any problem with your case]

   [from Vijay Rangarajan,vijay@ncsa.uiuc.edu]
   Here is a list of appoximate Labor certification processing time sorted
   statewise. Any additions/modifications should be sent to
   mahesh@mahesh.com or vijay@ncsa.uiuc.edu.

        Arizona         6 months
        California      9 months
        Illinois        1 year
        Louisiana       5 months for Professor
        Maryland        7 months
        Michigan        8+ months
        Missouri        1 year 3 months
        New York        1 year 6 months
        Ohio            1 year 6 months
        Oregon          7 months
        Tennessee       6 months
        Texas           6 months
        Washington      10 months

Q. How many days/weeks/months does it take to get a I-140 approval ?
A: [From netters]

        Oregon          10 weeks

Q. What is involved in the labor certification? 
A:  [from B.G. Mahesh, mahesh@mahesh.com]
    o Prepare a job description for the job being offered.
    o Job must be "permanent".
    o Alien must be paid at least the minimum wages prevalent 
      for the job in the geographical area of employment.
    o You need to advertise the job for 10 business days in your office
    o Advertise for 3 consecutive days in a newspaper.
   
    DOL [dept of labor] will send in all the responses they get 
    for your advertisement and your employer needs to justify why 
    you are better than other applicants. If the DOL doesn't approve 
    your labor then you can't apply for labor clearance for the next 
    6 months.

Q. Does the employer need to show the company's finances?
A:  [from B.G. Mahesh, mahesh@mahesh.com]
    Basically the employer needs to demonstrate that the company is
    financially sound and it can afford to employ you. So your
    employer may have to show the company's finances.

Q. Should I apply for GC together with the H-1B, or after I get the H-1B?
A: [from B.G. Mahesh, mahesh@mahesh.com]
   You can apply for GC with H-1B but it is advisable to wait for about 
   3-6 months after you get H-1B to apply for GC.

Q: If one were waiting for a GC date to become current,  
   after one got one's labor certification AND the 6 year 
   limit on H-1B expires while waiting, will one have to 
   leave the country ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes, unless you are close enough to getting a green card so
   that your adjustment of status application can be filed, so
   that you may get a work permit through pendency of adjustment
   status.

Q. Will my spouse qualify for greencard with me even if she is on a
    non-dependent visa like F1 ?
A: [From Pramod S. Badjate, badjatep@agcs.com]
   Yes. Spouse and Kids qualify for greencard irrespective (except for J1)
   of the type of visa, as long as they are on a valid visa in USA. 
   The type of visa of the spouse/kids does matter. If the spouse/kids
   are on a J-1/J-2 visa with a 2yr HRR, they may not adjust status to
   permanent residency unless
   (1) They have served the HRR
   (2) Or have obtained a waiver of the HRR.

Q: At what point spousal petitions can be attached to the forms 
    I-140/485 ? I-140 part 7 clearly asks for a list of dependents. Can 
    a person file I-140, get married and then petition for his/her spouse 
    on the I-485?
A: [From Shyam Kamadolli, shyam@sun.soe.clarkson.edu]
    I-140 needs spouse/dependants to be mentioned. If you intend to marry a
    particular person at a later date fiancee listings are advised with
    early submission of marriage certificate (once available) is encouraged.
    If you dont mention spose on !140 it has to be resubmitted before 
    I-485 can be filed. This info is from my lawyers.

Q: Will all the GC wait come to a naught in this case , or can 
   one wait for it outside the country ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   You can MOST certainly wait outside the country.
 
Q: When Labor Certification has been recieved, is H-1B still the
   operating visa, or do you fall under some new status ? 
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Mere receipt of labor certification does not change your status.
   You have to apply to the INS for change of status.
    
Q: Can one apply for GC through an employer while on H-1 for 
   another employer?
A: [from Rajiv S. Khanna, rskhanna@immigration.com] 
   Yes.  The labor cert is for a job in future, which is 
   currently available to test the labor market.  It is open 
   for US workers.  The "alien" may only accept it upon receiving 
   his/her permanent residence.  The H-1, however, is for an entirely 
   different job.

Q: If I am working for Company "A" through another Company "B" which has 
  started my labor certification process i.e. Ad in newspaper is done and 
  I am waiting for the Labor Certfication from the Dept. of Labor but in 
  the meantime I got a job offer directly from company "A" and in this 
  case will the labor certification filed by company "B" valid since the 
  job description is same or do I need to start all over again and get a 
  new labor certification ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com] 
  New labor cert will be necessary.

Q: Can an applicant qualify for a GC without going through 
   Labor Certification?
A: [from Jaap Akkerhuis, jaap@tempel.research.att.com 
    and Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]

  To qualify as an outstanding professor or researcher, INS requires
  meeting at least two of six criteria as follows:
 
    (1) Receipt of major prizes or awards for outstanding
        achievement in the academic field.
    (2) Membership in associations requiring outstanding achievements
        for their members.
    (3) Published material in professional publications written by
        others on behalf of the person's work in the academic field.
    (4) Evidence of the person's participation either individually or
        a panel as the judge of work of others in the same or allied
        academic field.
    (5) Evidence of the person's original scientific or scholarly
        research contributions in the academic field.
    (6) Evidence of authorship of scholarly books or articles in
        scholarly journals with international circulation in the
        academic field
 
    In addition, the person must have at least three years of experience 
    in the academic field. Such work while working on an advanced degree 
    is not acceptable unless the person obtained the degree and the person 
    had full responsibility for classes taught or, for research conducted 
    toward the degree, it has been recognized within the academic field as 
    outstanding. Such evidence can be in the form of letter or letters from 
    current or former employers.

    So note that a PhD is not required (I don't have one).

    If you want me to get more technical!!!
    The following classifications do not need labor cetification.
    (1) Section 203(b)(1)(A): Alien of Extraordinary Ability in the sciences,
        arts, business, and athletics.
    (2) Section 203(b)(1)(B): Outstanding Professor/Researcher
    (3) Section 203(b)(1)(C): Certain Multinational Executives.
    (4) Section 203(b)2 A or B: Member of the professions holding an advanced
       degree or an alien of exceptional ability seeking a national interest
       waiver of the job offer and labor certification requirements.

Q: Is a job offer necessary for the above classifications?
A: [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]
   For (1) above, although no job offer is necessary, it is advisable to
   have evidence of pre-arranged employment commitments with an employer
   in the USA or submit other evidence that the alien is seeking to enter
   the USA to continue work in the area of extraordinary ability.

   For (2), a job offer from a University or company is necessary. In
   particular, the letter from the employer must state that the alien
   has been offered a tenure-track faculty position or similar position at
   a University, or a comparable position with a private company engaged in
   research. The alien must be the beneficiary of a petition filed by the
   employer with the INS. In addition, if the employer is a private company,
   the employer must show that they have documented accomplishemnts in the
   academic arena and that they employ atleast 3 people engaged in full-time
   research. Finally, the alien must demonstrate evidence through letters
   from past/present employers that he/she has atleast 3 years of full-time
   experience in the field of outstanding ability. Research or teaching
   performed while studying for an advanced degree may be used as
   experience provided the degree was obtained and the alien had full
   responsibility for the teaching or research and the teaching or research
   was found to be outstanding by recognized experts in the field.

   For (3), job offer is necessary.

   For (4) again no job offer is needed. However, in some instances, if
   the alien is in the USA, offer of employment may be needed to provide
   evidence of financial support.

Q: Where can I get details about the rules and regulations pertaining to
   the employment based immigration classifications?
A: [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]
   Citations from the foreign affairs manual are the best source of
   information. You can find this at the end of the faq.

Q: What is the national interest waiver (NIW)?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    A person may qualify for the waiver of the labor certification and
   job offer requirement if they can show that their work will be in
   the national interest of the USA. This benefit is popularly called
   the national interest waiver.

Q: How does an individual qualify for the national interest waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   A person qualifies for this benefit if he falls within the second
   preference employment based category, namely a person in the
   professions who either holds an advanced degree or is considered
   possessing exceptional ability in the sciences, business or arts.

Q: What are the condtitions that need to be satisfied to be in the
   national inteest?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   There is no formal definition of what constitutes "national interest".
   However recent court decisions have established a list of the following
   seven factors that are deemed to be in the national interest in the USA.

      (1) Improving the U.S. economy.
      (2) Improving the wages and working conditions of U.S. workers.
      (3) Improving the education and training programs for U.S. children and
          underqualified workers.
      (4) Improving health care.
      (5) Providing more affordable housing for young and/or older, poorer U.S.
          residents.
      (6) Improving the environment.
      (7) Obtaining a request from an interested U.S. Govenment agency.

Q: How are the national interest waiver cases adjudicated?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Although the INS states that it will be flexible in determining
   who qualifies for the national interest waiver, it sometimes uses
   more stringent standards when deciding cases filed for people in
   the business and arts than for people in the sciences.

Q: Which fields have the greatest chance of success for the NIW?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   The greatest number of cases granted are in the health and science
   areas.

Q: What supporting documentation must be submitted to demonstrate
   the national interest?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Most of the successful petitions are documented by evidence such as
   a letter from an interested U.S. Government agency, evidence showing
   that the alien's work is funded by the U.S. Government and/or letters
   from distinguished scientists/ professors in the field
   attesting to the importance of the research. Cases involving defense
   related research or energy related research have the greatest success.

Q. I have filed an application for change of status. I have a
   non-immigrant visa [eg. H-1B] which will expire next week.
   Most likey I will not be called for my GC interview before
   next week. Should I file for an extension of my non-immigrant
   visa [eg. extension of H-1B visa] ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes, you should file for an extension of your visa asap.

Q: What are the various categories of "Preferences" ?
A: [From Allen E. Kaye, India Abroad]

   FAMILY SPONSORED PREFERENCES
   -----------------------------

  First Preference : Unmarried sons and daughters of U.S. citizens.

  2A exempt second preference : spouse and unmarried children of permanent
  residents - exempt from per-country limit.

  2A subject second prefernce : spouses and unmarried children of permanent
  residents - subject to per-country limit.

  Legalization Beneficiaries - spouses and children (even though the marriage 
  took place after the date the petioner was admitted to the U.S. as a 
  permanent resident.

  2B second preference : Unmarried sons and daughters, 21 years of age or 
  older, of permanent residents.

  Third Preference : married sons and daughters of U.S. Citizens.

  Fourth Preference : Brothers and sisters of adult U.S. citizens.

  EMPLOYMENT BASED PREFERENCES
  ----------------------------

  First Preference : Priority workers.

  Second Preference : Professionals holding advanced degrees or persons
                      of exceptional ability.

  Third Preference : Skilled workders and professionals.

  Third Preference : Other workers (unskilled workers).

  Fourth Preference : Certain special immigrants..

  Fourth Preference : Certain religious ministers, professionals and other 
                      religious workers.

  Fifth Preference : Employment creation (investors).

  Fifth Preference : Employment creation (investors in targeted employment 
                     areas)

 
Q: What is the waiting period for such cases [2A category]?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   As of December 1993:
   Appx. 2.5 to 3 years for India.
 
Q: And, I had heard that there was a bill up for vote.  Do you have 
   any information on this?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
    The proposed special noimmigrant "S" visas were never voted 
    on in Congress.  The bill is on the back burner.  

Q: What is the time-frame to get a GC if the spouse is an U.S. citizen?
A: [from B.G. Mahesh, mahesh@mahesh.com]
   You will get a temporary green card as soon as you marry
   a US citizen. After 2 years that card will get a permanent
   GC [You have to prove/show to INS that the marriage is genuine].

Q. Does a parent (green card holder) who has filed for a green card for
   his/her unmarried child who is under 21 years of age, have to file
   another petition if the child turns 21 while waiting for the green card?
A: [from Suresh, sur@hrojr.hr.att.com]
   NO, the petition is automatically moved from category 2A (unmarried
   children under the age of 21) to category 2B (unmarried children over
   the age of 21--I'm not sure if this category includes married children
   also). The 2B category moves much slower than 2A.

Q: Can GC holders sponsor for their parents GC?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   US GC holder can *only* sponsor his/her spouse and unmarried children.

Q: If I gained lawful permanent resident status (LPR) through a 
    previous marriage, can I petition for my current spouse to immigrate 
    to the US based on my LPR?"
A: [From Brandon Nutter, bnutter@silver.ucs.indiana.edu]
   You may NOT file an I-130 (Petition for Alien Relative) for
 
   E. A husband or wife if you gained lawful permanent resident status
      by virtue of a prior marriage to a United States citizen or lawful
      permanent resident unless:
 
     1) a period of five years has elapsed since you became a lawful
        permanent resident; OR
     2) you can establish by clear and convincing evidence that the
        prior marriage (through which you gained your immigrant status) 
        was not entered into for the purpose of evading any provision of 
        the immigration laws; OR
     3) your prior marriage (through which you gained your immigrant
        status) was terminated by the death of your former spouse.
 

Q: What does "current" mean?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   "Current" means there is no waiting involved.  All people 
    qualified for the category in question can immediately apply 
    for adjustment of status (if within U.S.) or an immigrant visa 
    (if outside the U.S.).

Q: What are the benefits/restrictions of a U.S. Permanent Resident?
A: [from Alberto Molina, alberto@cybernet.cse.fau.edu]

- Ability to leave/enter the U.S. at will without the risk of being
  denied entry by an Immigration official at the port of entry.
- Right to apply for government-sponsored financial aid for education.
- Permission to work in any company located in U.S. territory
  regardless of job function, hours/week, etc. except for some
  companies that only hire U.S. citizens.
- Permission to start own business and create own corporation.
- To keep PR, the person must reside in the U.S. for a minimum number
  of days per year (does anybody know what's the limit?)
- Permanent residents can get into welfare if unable to get a job.
- Permanent residents can sponsor spouse and unmarried children to
  obtain PR status.
- Permanent residency can be revoked if the permanent resident gets
  involved in illegal activities. An example is a case that was discussed 
  in this newsgroup where a permanent resident was deported for drug use.
- Permanent residents cannot vote.
- Permanent residents get Social Security benefits when they retire.
  [see the next section regarding SS benefits]

Q: Can I travel abroad?
A: [From Allen E. Kaye, India Abroad, October 21, 1994]
   Yes. You can travel outside the United States. When you travel, you must,

        o take your green card to show INS when you come back
        o keep a record of the dates each time you leave and come back
        o always reenter legally (use the border checkpoint)

Q: Do I have to register with Selective Service?
A: [From Allen E. Kaye, India Abroad, October 21, 1994]
   If you are a male over 17 but under 26, you must register with the Selective
   Service. If you do not register, you may be subject to criminal prosecution.
   If convicted, you could be deported.

Q: Do I have other responsibilities?
A: [From Allen E. Kaye, India Abroad, October 21, 1994]
   Yes. Be sure to,
        o pay taxes you owe
        o report any change of address to INS within 10 days
        o have your children who are permanent residents register within 
          INS within 10 days of turning 14

Q: If I am a permanent resident, can I get public benefits?
A: [From Allen E. Kaye, India Abroad, October 21, 1994]
   You can get many public benefits. These include,
        o most forms of Medicaid
        o food stamps (if you have amnesty as a farm worker)
        o unemployment benefits
        o Supplemental Security Income (SSI) ifyou are 65 or over, blind, 
          or disabled
        o Social Security retirement or disability
        o help with housing costs
        o most federal scholarships and student loans
        o county general assistance

    However, there are some benefits you cannot get for five years after you
    filed your first amnesty application. These are,
        o food stamps (ifyou have amnesty because you came to United States
          before Jan 1, 1982)
        o welfare (AFDC)

    Your family members who are U.S. citizens are eligible for all forms 
    of public benefits.

Q: Is it safe to get public benefits?
A: [From Allen E. Kaye, India Abroad, October 21, 1994]
   If you or your family members get public benefit, it will not affect your
   ability to become a citizen. But before you travel, remember - if you 
   depend on public benefits, INS can keep you from reentering the United 
   States.
        Also, your family members who get permission to stay under the "family
   unity" program will have to show that they do not depend on public benefits 
   when they go to get their green card.

Q: Why should I become a U.S. citizen?
A: [From Allen E. Kaye, India Abroad, October 21, 1994]
   If you are a U.S. citizen, you will be able to,
        o get green cards for your spouse and unmarried children without a 
          long wait
        o get green cards for your parents, your married children, and your 
          brothers and sisters
        o vote
        o get a U.S. passport
        o work for the U.S. government or in the other jobs that are closed to
          non-citizens
        Also, a citizen can't be deported or kept out of the U.S.

Q: Do I need to be a permanent resident to get Social Security benefits?
A: [From Nick Jacobs, njacobs@access.digex.net]
   You do not have to be a permanent resident (or any kind of resident) 
   to get a Social Security retirement benefit. It can be paid to
   a person living outside the US who does not have any kind of
   US visa. The requirement is to have paid a certain amount of
   Social Security tax, in the US, for at least 10 years. Of
   course it is difficult to work legally in the US for as much
   as 10 years without getting a green card. But it is possible,
   and also a person who maintains PR for 10 years, then leaves
   the US and abandons PR status, is eligible for a Social
   Security retirement benefit.

Q: What are the current requirements of your stay in US to be able to 
   retain the Green Card.
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   There is NO guranteed way a person can retain their green card, 
   unless their permanent residence is IN FACT in the U.S.  It is 
   erroneous to think that so long as you keep visiting U.S. every year, 
   you may retain the GC.  Absolutely not true.  As a matter of practice, 
   INS may not catch you, but they can place you in exclusion proceedings 
   (sort of the first step in cancelling a GC when a GC holder is trying to 
   enter the U.S.) when they do suspect that you are actually not living in 
   the U.S.

   If a GC holder is planning to be away from U.S. for an extended period of
   time, it is best to seek permission from the INS in the form of "Reentry
   Permit" (Form I-131).  Even this does not "Guarantee" retention of a GC,
   but it may be the safest thing under most circumstances.

   Because losing a green card is a serious matter, I strongly advise that
   you seek the guidance of competent counsel for you individual case.

Q. After getting stamped in the passport for employment based immigration,
    how long is an employee required to work with the employer that 
    sponsored the employee for immigration.
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   There is NO prescribed time limit.  There are a couple of considerations 
   that must be borne in mind.  The basis for getting a GC are that you took 
   up a "permanent" position.  If you leave too soon, INS may claim that you 
   did not intend to take the job up on a "permanent" basis.

   "Permanent" does not mean forever.  But it also does not mean that you may 
    leave the day after you get the green card.  Unfortunately, there are no 
    bright line tests in this area.  (Answered 06/24/94 --  Please leave 
    the date in, so people know how recent the answer is.)  It is imeprative 
    that you seek the opinion of competent counsel in this regards.

Q. Please discuss the consequencies, immediately after obtaining 
    immigration (meaning whithin a day or two).
A: [from Rajiv S. Khanna, rskhanna@immigration.com]

    a. If the employee voluntarily quits/leaves the employer.
       You may have a problem.

    b. If the employer fires the employee for performance related reasons.
       You may have a problem.

    c. If the employer fires the employee because of the personality problems.
       You may have a problem.

    d. If the employer lays-off the employee for economic reasons (lack of
       adequate business or resources).
       You may have a problem.

Q. If the employer lays-off the employee to avoid payment of the agreed or 
    the promised salary (as stated on the Labor Certification or the Job Ad.) 
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
    You may have a problem.

Q. Can a Permanent Resident Visa be revoked for any of the above stated 
    reasons?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes

Q. Under what circumstances can a Permanent Resident Visa be revoked.
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Lots of circumstances: criminal convictions being the foremost; 
   abandonement of permanent residence.
 
Q: What should I do if I don't have my birth certificate?
A: [From Muralidhar Rangaswamy, rangaswamy@plh.af.mil]
   You should obtain sworn affidavits from two relatives. A sample
   affidavit is provided below.

                        AFFIDAVIT OF BIRTH

   I, (name of relative), being duly sworn, do depose and say that:

   (1) I presently reside at ___________________________________.
   (2) I am a citizen of _______________________________.
   (3) I was born on ___________________ at________________.
   (4) I am the (state relationship to the person whose birth is being verified)
   (5) I know that (name of person) was born on ____________ at _________.
   (6) A request has been made with the proper authorities for (name of person)'s
       birth certificate but no o

                                           ____________________
                                                Signed

Sworn to and subscribed to before me this _____ day of _______ 1995,
at _____________

___________________
Notary Public

My commission expires:_________.

Q: Do permanent residents need to apply for a visitors visa to visit Canada?
A: [From Donald S. Cameron, seatlimmig@aol.com]

   Permanent residents of the United States (Green Card holders) are, like
   U.S. Citizens, exempt from the requirement to have a passport or a
   Canadian visitor visa in order to visit Canada.  The Green Card itself is
   sufficient documentation.

   The decision on whether to admit a visitor to Canada is made by an
   Immigration Officer at a Port of Entry to Canada.  This is the case for
   all visitors including those who hold Canadian visitor visas.  The
   Immigration Officer also determines the length of stay.  If a Green Card
   holder is admitted to Canada without any document being issued to him or
   her it means that the GC holder has been admitted to Canada for 6 months.
   A shorter stay than 6 months would be indicated if the GC holder was
   issued a document called a Visitor Record which specifies the length of
   time for which the holder has been admitted to Canada.

   Persons seeking admission to Canada at the land border do not normally
   fill out any forms to apply for admission.  Those arriving by air complete
   only a Customs form.  There is no fee for the admission of a GC holder to
   Canada as a visitor.

   GC holders, like all other persons seeking admission as visitors, can be
   refused admission for a variety of reasons.  The most common one is the
   existance of one or more criminal convictions in the applicant's past.
   The most common criminal conviction is Driving While Intoxicated or
   Driving While Impaired.  These offences fall with the criminal law in
   Canada and even though they are usually regarded a midemeanors in the U.S.
   they are regarded as criminal offences in Canada.
   
   Visitors to Canada may not study or work.  As in the U.S., different types
   of visas or Authorizations are required to study or work.

Q: Doesn't the new adjustment of status provision in the INS Fiscal
   Year 1995 Appropriations Act create another amnesty program
   for illegal immigrants?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   Absolutely not. An individual who entered, worked or remained in the
   U.S. illegally must meet three prequisites if he or she wishes to
   remain in the U.S. while applying for permanent residence.

     1. A relative or employer mush have filed a petition in behalf of 
        of the foreign national making him or her eligible for an 
        immigrant visa.
     2. The immigrant visa must be immediately available to the
        individual at the time the application for permanent residence is
        filed.
     3. In addition to the prescribed fee of $130, the individual
        must agree to pay a monetarty penalty of $650 for previously
        having entered and remained in the U.S. illegally (exception 
        children under 17 and certain family unity aliens).

Q: Why was this provision added to the Appropriations Act?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   It will help reduce the visa issuance workload at U.S. consulates
   offices abroad so that they can devote more time to uncovering fraud
   and other abuses associated with temporary visas to the United States.

Q: Aren't you making it easier for foreign nationals who came here 
    illegally to obtain green cards?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   No, eligibility requrements for a green card and permanent residence
   remain unchanged. Persons who violate the immigration laws and are not
   immediately qualified for permanent residence, as requried by the new 
   provision, remain subject to deportation. If encountered by the INS,
   they will be placed in deportation proceedings, unless they are eligible
   for other relief.

Q: Specifically what types of foreign nationals are affected by this 
    new provision?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   There are siz groups, as of Oct 1 1994, who will have the option
   of obtaining a green card and permanent residence while remaining in the
   United States. They include,
     1. Those who entered U.S. illegally
     2. Individuals employed in the U.S. without authorization
     3. Those who remained in the U.S without maintaining lawful status
     4. Foreign crewmen
     5. Individuals who entered under the Visa Waiver Pilot Program
     6. Those who entered the U.S. as foreign travelers in transit
        without visa.

Q: Is there an estimate of how many such foreign nationals are eligible
    to apply for permanent resident status?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   INS anticipates that, in Fiscal year 1995, approximately 100,000
   such individuals who formerly would have had to go abroad in order
   to obtain an immigrant visa, will now be able to remain in the
   United States and apply for permanent resident status.

Q: Are all aliens in the United States who are out of status now
    eligible to apply for adjustment of status to permanent residence?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   Yes. All aliens who entered the United States without inspection
   or who are not in lawful visa status may apply for adjustment.

Q: Do priority dates still matter? Can aliens, regardless of priority
    dates, now immediately apply for adjustment of status?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   All immigrant applicants (whether applying at INS offices or abroad)
   must have priority dates earlier than any applicable visa cut-off
   dates to be granted a visa or adjustment of status. This has not
   been altered by the recent amendment to the Immigration Act. Under the
   terms of Section 245, INS will not accept an aplication for adjustment
   of status from an applicant in a numerically liited category unless
   a visa number is available for the alien's priority date. All immigrant
   visa applicants will continue to be processed in order of priority date
   whether cases are processed at overseas American Consulates or through INS.

                        GC Lottery
                        ----------

 
INSTRUCTIONS FOR THE 1996 DIVERSITY IMMIGRANT VISA PROGRAM (DV-96)
 
 
The Immigration Act of 1990 provides for an annual diversity immigration
program, making available each year by random selection 55,000 permanent
residence visas in the United States.  Visas are apportioned among six
geographic regions based on immigration rates over the last five years, with
greater number of visas going to regions with lower rates of immigration.
 
Africa includes all countries on the African continent and adjacent islands;
Asia extends from Israel to the northern Pacific Islands, including Indonesia;
Europe extends from Greenland to Russia, including all countries of the
former USSR; North America is Canada and the Bahamas; Oceania includes
Papua New Guinea and all countries and islands of the South Pacific; and
South America, Central America, Mexico, Caribbean includes all the
countries of those areas.
 
ENTRIES MUST BE RECEIVED BETWEEN JANUARY 31, 1995 AND
MARCH 31, 1995.  Entries received before or after those dates will be
disqualified.
 
Q: CAN I ENTER?
You are not eligible to apply if you were _BORN_ in one of the following
countries:
 
        For 1996, the ineligible countries are:  CHINA (Mainland & Taiwan),
 
INDIA, PHILIPPINES, VIETNAM, SOUTH KOREA, UNITED KINGDOM
(except Northern Ireland), CANADA, MEXICO, JAMAICA, EL SALVADOR,
COLOMBIA, and the DOMINICAN REPUBLIC, and their dependent areas.
Natives of Hongkong and Northern Ireland _are eligible_ to enter.
 
If you were born in an ineligible country but your spouse was not, you can
claim your spouse's country of birth instead of your own.  If you were born in
a country where neither of your parents resided at the time, you may be able
to claim one of their countries of birth.
 
Q: DO I MEET THE EDUCATION OR TRAINING REQUIREMENT?
Applicants under the diversity program must have either:
        a high school education or its equivalent; defined as successful
 
completion of 12 years of education comparable to a U.S. high school
degree, or
        two years of work experience within the past five years in an
 
occupation requiring at least two years training or experience;
U.S. Department of Labor definitions will apply.
 
Documentary proof of education or work experience should NOT be
submitted at this time.  It will be required later if your entry is selected.
 
Q: HOW DO I COMPLETE AN ENTRY?
        Only ONE entry may be submitted by or for each applicant during the
registration period.
        Submission of more than one entry will disqualify you.
        There is no special application form.  Simply provide the following
 
information on a plain sheet of paper, typed or clearly printed in the English
alphabet:
=========================================================
ON A PLAIN SHEET OF PAPER INCLUDE:
 
1. APPLICANT'S FULL NAME (LAST NAME SHOULD BE UNDERLINED)
                _Last Name_ , First Name and Middle Name
    EXAMPLE:    _Public_ ,    George         Quincy
 
2. APPLICANT'S DATE AND PLACE OF BIRTH
                Date:   Day, Month, Year
                Place: City/Town; District/County/Province; Country
   EXAMPLE:     15 November 1961
                Munich, Bavaria, Germany
 
3. NAME, DATE AND PLACE OF BIRTH OF APPLICANT'S SPOUSE AND
CHILDREN (IF ANY)
If you are selected, your unmarried children under 21 years of age and your
spouse can also apply for visas.
 
4. APPLICANT'S MAILING ADDRESS
The mailing address must be clear and complete, since that is the address
where the notification and instruction letter for persons selected for
registration will be sent.  A telephone number is optional, but useful.
 
5. APPLICANT'S NATIVE COUNTRY IF DIFFERENT FROM COUNTRY OF
BIRTH
 
There are no other requirements to submit an entry to register.  No signature
is required on the application.
=========================================================
 
Q: WHERE DO I MAIL MY ENTRY?
        Submit your entry by regular mail or air mail to the address matching
the region where you were born.
        Entries will not be accepted by express mail, fax, hand, messenger,
or any means requiring receipts or special handling.
        Envelopes should be business or letter size, between 6 and 10
inches long (15 cm to 25 cm) and between 3 1/2 and 4 1/2 inches wide
(9 cm to 11 cm).
        You must list your country of birth (see STEP ONE), name and
mailing address in the upper left corner of the envelope.
        Failure to comply with these instructions will disqualify your entry.
Complete your envelope following the example below.
        Use the correct postal ZIP code for your region:
 
ASIA                                    AFRICA
DV-96 Program                           DV-96 Program
National Visa Center                    National Visa Center
Portsmouth, NH  00210                   Portsmouth, NH  00213
U.S.A.                                  U.S.A.
 
SOUTH AMERICA/CENTRAL                   OCEANIA
AMERICA/CARIBBEAN
DV-96 Program                           DV-96 Program
National Visa Center                    National Visa Center
Portsmouth, NH  00211                   Portsmouth, NH  00214
U.S.A.                                  U.S.A.
 
EUROPE                                  NORTH AMERICA
DV-96 Program                           DV-96 Program
National Visa Center                    National Visa Center
Portsmouth, NH  00212                   Portsmouth, NH  00215
U.S.A.                                  U.S.A.
 
 
Registrants will be selected at random from among entries received
according to the instructions above.
 
EXAMPLE:
 
<-------------  6" - 10" or 15cm - 25cm  ----------------->
___________________________________________________________
|Your Country of Birth                          | postal  |    /\
|Your Full Name                                 | stamp   |    |
|Your Street Address                            |_here  __|    |
|City, Province, Postal Code                              |    3 1/2" -
|Country of Residence                                     |  -4 1/2"
|                                                         |     or
|               DV-96 Program                             |    9cm -
|               National Visa Center                      |  -11 cm
|               Portsmouth, NH  00_ _ _                   |    |
|               U.S.A.                                    |    |
|_________________________________________________________|   \/
 
Q:HOW WILL I FIND OUT IF I AM SELECTED?
A computer will make a random selection from among all qualified entries in
each geographical region no later than July 1, 1995.  Successful applicants
will be notified by mail, at the mailing address listed on the entry.  Persons
not selected will NOT be notified.  (U.S. embassies and consulates will not
be able to provide a list of successful applicants.)
 
Individuals selected will be registered to apply for immigrant visas, and will
be provided further instructions.  Their spouses and unmarried minor children
can also apply for visas.  Applicants must meet all eligibility requirements
under U.S. law to be issued visas.
 
 
IMPORTANT NOTICE
There is NO fee to enter the DV-96 program.  The use of an outside
intermediary or assistance to prepare a DV-96 entry is entirely at the
applicant's discretion.  Qualified entries received directly from applicants or
through intermediaries have equal chances of being selected.
 

                      US Citizenship
                      --------------

Q: What is the time-frame to get U.S. citizenship if the spouse is
   an U.S. citizen?
A: [from Ashish Nedungadi, ashish@eng.umd.edu]
   The spouse of a US citizen gets a CONDITIONAL green card "immediately"
   after marriage.  After 2 years, the conditionality of this green card
   is removed(after successfully proving to INS that the marriage is
   legitimate).  The spouse is eliglible for his/her citizenship after
   3 years of receiving the CONDITIONAL green card. 
   In a nutshell,
   3 years after obtaining one's green card(including the CONDITIONAL one)

   If you want to get more technical ["technical" may not be
   the right word :-)]
  [from Rajiv S. Khanna, rskhanna@immigration.com]
  (a) Any person whose spouse is a citizen of the United States may by
      naturalized upon compliance with all the requirement of this title 
      except the provisions of paragraph (1) of section 316(a) if such 
      person immediately preceding the date of filing his application for 
      naturalization has resided continuously, after being lawfully admitted 
      for permanent residence, within the United States for at least three 
      years, and during the three years immediately preceding the date of 
      filing his application has been living in marital union with the 
      citizen spouse, who has been a United States citizen during all of 
      such period, and has been physically present in the United States 
      for periods totaling at least half of that time and has resided
      within the State or the district of the Service in the United States 
      in which the applicant filed his application for at least three months.

Q: Who can apply for U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Persons who are 18 years of age or older, who are lawfully 
   admitted permanent resident aliens and who meet certain 
   requirements (see question 3) may apply for citizenship. 
   Aliens who have served in the armed forces of the U.S. are 
   eligible for citizenship under special provisions.

*Q: When can I apply for U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Five years from the date of entry as a lawful permanent resident. 
   If married to and living with citizen spouse in marital union for 
   atleast 3 years before filing the application, the residence period 
   is shortened to 3 years. You can file the application 3 months
   before the residence requirement is met. Also, you have to be a 
   resident for 3 months in the state or INS district where you 
   are filing the application.

Q: What are the requirements for U.S. Citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   There are four main requirements that must be met by every applicant.
          (a) Basic literacy in the English language.
          (b) Knowledge of U.S. history.
          (c) Five years of residency in the U.S.
          (d) Good moral character.

Q: Under what conditions can I be denied U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
      (a) If you advocate or if you are a member of any organization 
          that is opposed to organized government (i.e., if you preach 
          and practice anarchy).
      (b) Membership in communist organizations.
      (c) If you advocate the overthrow of the U.S. Government by force, 
          sabotage, violence or terrorism.
      (d) If you publish any material advocating the methods of item (c).
      (e) Exemption from services in the armed forces of the U.S. 
          (unless the alien status does not permit the individual to 
           serve on the armed forces or if the alien had served in the 
           armed forces of his/her own country).
      (f) Desertion from military forces and draft evasion results in 
          permanent ineligibility for citizenship.

Q: Can citizenship once granted be revoked?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You bet. 

Q: Under what conditions can my citizenship be revoked?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   If your behavior is not well disposed to the good order and happiness 
   of the U.S. or if you concealed your wartime activities when applying 
   for visas to enter the U.S. after World War II. Also, for example you do 
   one of the following:
      (a) Refusal to testify before a congressional committee regarding 
          alleged subversive activities within 10 years after becoming a 
          U.S. citizen.
      (b) Establish permanent foreign residence within 1 year after becoming 
          a U.S. citizen
      Note from Rich Wales, richw@mks.com
      This provision was recently repealed, along with the requirement that
      candidates for US citizenship intend to reside permanently in the US.
      The bill, HR 783, was reportedly signed in October.  I don't have the
      Public Law number or a cite to Statutes at Large yet.
      (c) Membership in an outlawed organization within 5 years after becoming 
          a citizen.

   Denaturalization proceedings may be instituted against you for (a)-(c).

REFERENCES:
[1] Nancy-Jo Merritt, "Understanding Immigration Law," Makai Publishing group,
Scottsdale, Arizona, 1993.

Q. Where can I get some information on dual citizenship?
A: [From Rich Wales, richw@mks.com]

  * http://www.mks.com/~richw/dualcit.html

  * Using FTP
     Connect to ftp.mks.com
     get the file /usr/richw/dualcit

  * Using E-Mail
     Send a message to richw@mks.com with the subject "send dualcit".
     The body of the message can be blank, but you must type the subject
     line as indicated.

    -------------------------------------------------------------
    RULES AND REGULATIONS PERTAINING TO THE EMPLOYMENT BASED IMMIGRATION 
    CLASSIFICATIONS
    [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]

   FAM09-42.32(a)  FIRST PREFERENCE - PRIORITY WORKERS
 
     (1)  Entitlement to Status
 
     (TL:VISA-48;   10-1-91)
 
     An alien shall be classifiable as an employment-based first preference
     immigrant under INA 203(b)(1) if the consular office has received from INS
     a Petition for Immigrant Worker approved in accordance with INA 204 to
     accord the alien such preference status, or official notification of such
     an approval, and the consular officer is satisfied that the alien is
     within one of the classes described in INA 203(b)(1).
 
     (2)  Entitlement to Derivative Status
 
     (TL:VISA-48;   10-1-91)
 
     Pursuant to INA 203(d), and whether or not named in the petition, the
     child or spouse of a employment-based first preference immigrant, if not
     otherwise entitled to an immigrant status and the immediate issuance of a
     visa, is entitled to a derivative status corresponding to the
     classification and priority date of the beneficiary of the petition.
 
     RELATED STATUTORY PROVISIONS
 
     INA 203(b), in part
 
     (TL:VISA-55;   3-13-92)
 
     (1)  PRIORITY WORKERS.--Visas shall first be made available in a number
     not to exceed 28.6 percent of such worldwide level, plus any visas not
     required for the classes specified in paragraphs (4) and (5), to qualified
     immigrants who are aliens described in any of the following paragraphs (A)
     through (C):
 
     (A)  ALIENS WITH EXTRAORDINARY ABILITY.--An alien is described in this
     subparagraph if--
 
     (i)  the alien has extraordinary ability in the sciences, arts, education,
     business, or athletics which has been demonstrated by sustained national
     or international acclaim and whose achievements have been recognized in
     the field through extensive documentation,
 
     (ii)  the alien seeks to enter the United States to continue work in the
     area of extraordinary ability, and
 
     (iii)  the alien's entry into the United States will substantially benefit
     prospectively the United States.
 
     (B)  OUTSTANDING PROFESSORS AND RESEARCHERS.--An alien is described in
     this subparagraph if--
 
     (i)  the alien is recognized internationally as outstanding in a specific
     academic area,
 
     (ii)  the alien has at least 3 years of experience in teaching or research
     in the academic area, and
 
     (iii)  the alien seeks to enter the United States--
 
     (I)  for a tenured position (or tenure-track position) within a university
     or institution of higher education to teach in the academic area,
 
     (II)  for a comparable position with a university or institution of higher
     education to conduct research in the area, or
 
     (III)  for a comparable position to conduct research in the area with a
     department, division, or institute of a private employer, if the
     department, division, or institute employs at least 3 persons full-time in
     research activities and has achieved documented accomplishments in an
     academic field.
 
     (C)  CERTAIN MULTINATIONAL EXECUTIVES AND MANAGERS.--An alien is described
     in this subparagraph if the alien, in the 3 years preceding the time of
     the alien's application for classification and admission into the United
     States under this subparagraph, has been employed for at least 1 year by a
     firm or corporation or other legal entity or an affiliate or subsidiary
     thereof and the alien seeks to enter the United States in order to
     continue to render services to the same employer or to a subsidiary or
     affiliate thereof in a capacity that is managerial or executive.
 
     (TL:VISA-48;   10-1-91)
 
     For the provisions of INA 203(d), see section 42.31 (Related Statutory
     Provisions).
 
     -------------------- *** ----------------
     FAM09-42.32(a)  - NOTES  EMPLOYMENT-BASED FIRST PREFERENCE IMMIGRANTS
 
     N1  Defining "Priority Workers" (TL:VISA-54;   2-28-92)
 
     a.  The statute designates the following aliens as "priority workers" who
     may be entitled to status as employment-based first preference applicants:
 
     (1)  Aliens with extraordinary ability [see N1.1 below];
 
     (2)  Outstanding professors and researchers [see N1.2 below]; and
 
     (3)  Certain multinational executives and managers [see N1.3 below].
 
     b.  The Immigration and Naturalization Service must approve petitions in
     all of the above categories.  [See N2 below.]
 
     N1.1  Aliens With Extraordinary Ability (TL:VISA-54;   2-28-92)
 
     To be considered as an alien with extraordinary ability, the alien must
     have sustained national or international acclaim. The alien's
     accomplishments in the field of science, art, education, business or
     athletics must be recognized in the form of extensive documentation. The
     alien must be seeking to enter the United States to continue work in the
     field, and the entry of such alien must substantially benefit
     prospectively the United States.
 
     N1.1-1  Defining "Extraordinary Ability" (TL:VISA-54;   2-28-92)
 
     8 CFR section 204.5(h)(2) defines "extraordinary ability" as follows:
 
     "Extraordinary ability means a level of expertise indicating that the
     individual is one of that small percentage who have risen to the top of
     the field of endeavor."
 
     N1.1-2  Evidence of Extraordinary Ability (TL:VISA-54;   2-28-92)
 
     a.  The  Immigration and Naturalization Service regulations (8 CFR
     204.5(h)(3)) state the documentary evidence that is to be submitted along
     with the petition. Such evidence shall include:
 
     (1)  Evidence of a one-time achievement (that is a major, internationally
     recognized award) or
 
     (2)  At least three of the following:
 
     (a)  Evidence of receipt of a lesser nationally or internationally
     recognized prize or award for excellence in the field of endeavor;
 
 
     (b)  Evidence of membership in associations which require outstanding
     achievements of their members, as judged by recognized experts;
 
     (c)  Published material in professional or major trade publications or
     major media about the alien's work;
 
     (d)  Evidence of participation on a panel, or individually, as a judge of
     the work of others in the field;
 
     (e)  Evidence of original scientific, scholarly, artistic, or
     business-related contributions of major significance;
 
     (f)  Evidence of authorship of scholarly articles in professional journals
     or other major media;
 
     (g)  Evidence of the display of the alien's work in exhibitions or
     showcases;
 
     (h)  Evidence that the alien has performed in a leading or critical role
     for organizations or establishments having a distinguished reputation; and
 
     (i)  Evidence of high salary or high remuneration in relation to others in
     the field; or
 
     (j)  Evidence of commercial successes in the performing arts, as shown by
     box office receipts or record, cassette, compact disk or video sales.
 
     b.  If the above standards do not readily apply, the petitioner may submit
     comparable evidence to establish eligibility.
 
     N1.1-3  Labor Certification/Job Offer (TL:VISA-54;   2-28-92)
 
     Although no offer of employment (including a labor certification) is
     required, the alien must include with the petition  convincing evidence
     that he or she is coming to continue work in the area of expertise.
     Evidence may include letter(s) from prospective employer(s), evidence of
     prearranged commitments, such as contracts, or a statement from the
     beneficiary detailing plans for continuing work in the United States.
 
     N1.2  Outstanding Professors and Researchers (TL:VISA-54;   2-28-92)
 
     An alien may qualify as a priority worker outstanding professor or
     researcher if the alien:
 
     (1)  Is recognized internationally as outstanding in a specific academic
     area;
 
     (2)  Has at least 3 years of experience in teaching or research in the
     academic area; and
 
     (3)  Has the required offer of employment. [See N1.2-3 below.]
 
     N1.2-1  Evidence of Outstanding Achievement (TL:VISA-54;   2-28-92)
 
     The Immigration and Naturalization Service regulations (8 CFR 204.5(h)(3))
     indicate the evidence required in submitting a petition for classification
     as an outstanding professor or researcher. Such evidence shall include
     evidence of international recognition as outstanding in the specific
     academic area. This evidence shall consist of at least two of the
     following:
 
     (1)  Documentation of receipt of major international prizes or awards for
     outstanding achievement in the academic area;
 
     (2)  Documentation of the alien's membership in associations in the
     academic field, which require outstanding achievements of their members;
 
     (3)  Published material in professional publications written by others
     about the alien's work;
 
     (4)  Evidence of participation on a panel, or individually, as the judge
     of the work of others in the same, or an allied, academic field;
 
     (5)  Evidence of original scientific or scholarly research contributions;
     or
 
     (6)  Evidence of authorship of scholarly books or articles (in scholarly
     journals with international circulation) in the academic field.
 
     N1.2-2  Labor Certification/Job Offer (TL:VISA-54;   2-28-92)
 
     Aliens coming to the United States as outstanding researchers or
     professors do not require labor certification. However, such aliens must
     have a letter from a(n):
 
     (1)  U. S. university or institution of higher learning offering the alien
     a tenured or tenure-track teaching or research position in the academic
     field; or
 
     (2)  Department, division, or institute of a private or non-profit
     employer offering the alien a comparable research position in the academic
     field. The department must demonstrate that it employs at least three
     persons full-time in research positions, and that it has achieved
     documented accomplishments in the academic field.
 
     N1.3  Certain Multinational Executives and Managers (TL:VISA-54;2-28-92)
 
     An alien may qualify as a priority worker multinational executive or
     manager if:
 
     (1)  During the 3 year period preceding the time of the alien's
     application for classification and admission into the United States, the
     alien has been employed for at least 1 year by a firm or corporation or
     other legal entity or an affiliate or subsidiary thereof; and
 
     (2)  The alien seeks to enter the United States in order to continue to
     render services to the same employer or to a subsidiary or affiliate
     thereof in a capacity that is managerial or executive.
 
     N1.3-1  Defining "Affiliate" (TL:VISA-54;   2-28-92)
 
     The term "affiliate" as used in this section means:
 
     (1)  One of two subsidiaries both of which are owned and controlled by the
     same parent or individual.
 
     (2)  One of two legal entities entirely owned and controlled by the same
     group of individuals, each individual owning and controlling approximately
     the same share or proportion of each entity; or
 
     (3)  In the case of a partnership that is organized in the United States
     to provide accounting services, along with managerial and/or consulting
     services, and markets its accounting services under an internationally
     recognized name under an agreement with a worldwide coordinating
     organization that is owned and controlled by the member accounting firms,
     a partnership (or similar organization) that is organized outside the
     United States to provide accounting services shall be considered to be an
     affiliate of the U. S. partnership if it markets its accounting services
     under the same internationally recognized name under the agreement with
     the worldwide coordinating organization of which the U. S. partnership is
     also a member.
 
     N1.3-2  Defining "Doing Business" (TL:VISA-54;   2-28-92)
 
     "Doing business" means the regular, systematic, and continuous provision
     of goods and/or services by a firm, corporation, or other entity and does
     not include the mere presence of an agent or office.
 
     N1.3-3  Defining "Executive Capacity" (TL:VISA-54;   2-28-92)
 
     The term "executive capacity" as defined in INA 101(a)(44)(B) of the
     Immigration and Nationality Act, means an assignment within an
     organization in which the employee primarily:
 
 
     (1)  Directs the management of the organization or a major component or
     function of the organization;
 
     (2)  Establishes the goals and policies of the organization, component, or
     function;
 
     (3)  Exercises wide latitude in discretionary decision-making; and
 
     (4)  Receives only general supervision or direction from higher level
     executives, the board of directors, or stockholders of the organization.
 
     N1.3-4  Defining "Managerial Capacity" (TL:VISA-54;   2-28-92)
 
     a.  "Managerial capacity" as defined in INA 101(a)(44)(A) means an
     assignment within an organization in which the employee primarily:
 
     (1)  Manages the organization, or a department, subdivision, function, or
     component of the organization;
 
     (2)  Supervises and controls the work of other supervisory, professional,
     or managerial employees, or manages an essential function within the
     organization, or a department or subdivision of the organization;
 
     (3)  If another employee or other employees are directly supervised, has
     the authority to hire and fire or recommend those as well as other
     personnel actions (such as promotion and leave authorization) or, if no
     other employee is directly supervised, functions at a senior level within
     the organization hierarchy or with respect to the function managed; and
 
     (4)  Exercises discretion over the day-to-day operations of the activity
     or function for which the employee has authority.
 
     b.  A first-line supervisor is not considered to be acting in a managerial
     capacity merely by virtue of supervisory responsibilities unless the
     employees supervised are professional.
 
     N1.3-5  Defining "Multinational" (TL:VISA-54;   2-28-92)
 
     "Multinational" means that the qualifying entity, or its affiliate or
     subsidiary conducts business in two or more countries, one of which is the
     United States.
 
     N1.3-6  Defining "Subsidiary" (TL:VISA-54;   2-28-92)
 
     "Subsidiary" is defined as a firm, corporation, or other legal entity of
     which a parent owns, directly or indirectly, 50 percent of a 50-50 joint
     venture and has equal control and veto power over the entity; or owns,
     directly or indirectly, less than half of the entity, but in fact controls
     the entity.
 
     N1.3-6  Labor Certification/Job Offer (TL:VISA-54;   2-28-92)
 
     No labor certification is required for aliens in this classification.
     However, the prospective U.S. employer must furnish a job offer in the
     form of a statement which indicates that the alien will be employed in the
     United States in a managerial or executive capacity. The letter must
     clearly describe the duties to be performed.
 
     N2  Petitions (TL:VISA-54;   2-28-92)
 
     Aliens of extraordinary ability may file petitions with the Immigration
     and Naturalization Service on their own behalf. Other employer-sponsored
     immigrants must be beneficiaries of approved petitions filed by the
     employer.
 
     N3  Spouse and Children (TL:VISA-54;   2-28-92)
 
     The spouse, or the child of a marriage which existed at the time of the
     principal alien's admission into the United States, is entitled to
     derivative status and may  accompany or follow to join the principal
     applicant. A spouse or child acquired subsequent to the principal alien's
     admission is not entitled to derivative status.
 
 
   -------------- ************** --------------
   FAM09-42.32(b)  SECOND PREFERENCE - PROFESSIONALS WITH ADVANCED DEGREES OR
     PERSONS OF EXCEPTIONAL ABILITY
 
     (1)  Entitlement to Status
 
     (TL:VISA-48;   10-1-91)
 
     An alien shall be classifiable as an employment-based second preference
     immigrant under INA 203(b)(2) if the consular officer has received from
     INS a Petition for Immigrant Worker approved in accordance with INA 204 to
     accord the alien such preference status, or official notification of such
     an approval, and the consular officer is satisfied that the alien is
     within one of the classes described in INA 203(b)(2).
 
     (2)  Entitlement to Derivative Status
 
     (TL:VISA-48;   10-1-91)
 
     Pursuant to INA 203(d), and whether or not named in the petition, the
     child or spouse of a employment-based second preference immigrant, if not
     otherwise entitled to an immigrant status and the immediate issuance of a
     visa, is entitled to a derivative status corresponding to the
     classification and priority date of the beneficiary of the petition.
 
     RELATED STATUTORY PROVISIONS
 
     INA 203(b), in part
 
     (TL:VISA-55;   3-13-92)
 
     (2)  ALIENS WHO ARE MEMBERS OF THE PROFESSIONS HOLDING ADVANCED DEGREES OR
     ALIENS OF EXCEPTIONAL ABILITY.--
 
     (A)  IN GENERAL.--Visas shall be made available, in a number not to exceed
     28.6 percent of such worldwide level, plus any visas not required for the
     classes specified in paragraph (1), to qualified immigrants who are
     members of the professions holding advanced degrees or their equivalent or
     who because of their exceptional ability in the sciences, arts, or
     business, will substantially benefit prospectively the national economy,
     cultural or educational interests, or welfare of the United States, and
     whose services in the sciences, arts, professions, or business are sought
     by an employer in the United States.
 
     (B)  WAIVER OF JOB OFFER.--The Attorney General may, when he deems it to
     be in the national interest, waive the requirement of subparagraph (A)
     that an alien's services in the sciences, arts, professions, or business
     be sought by an employer in the United States.
 
 
     (C)  DETERMINATION OF EXCEPTIONAL ABILITY.--In determining under
     subparagraph (A) whether an immigrant has exceptional ability, the
     possession of a degree, diploma, certificate, or similar award from a
     college, university, school, or other institution of learning or a license
     to practice or certification for a particular profession or occupation
     shall not by itself be considered sufficient evidence of such exceptional
     ability.
 
     (TL:VISA-48;   10-1-91)
 
     For the provisions of INA 203(d), see section 42.31 (Related Statutory
     Provisions).
 
     ----------------------------------------------------------------------
 
 
     FAM09-42.32(b)  - NOTES  EMPLOYMENT-BASED SECOND PREFERENCE IMMIGRANTS
 
     N1  Professionals Holding Advanced Degrees (TL:VISA-54;   2-28-92)
 
     An alien may qualify as an employment-based second preference immigrant if
     the alien is a member of the professions holding an advanced degree or the
     equivalent. The alien must be the beneficiary of a petition approved by
     the Immigration and Naturalization Service. [See N4 below.]
 
     N1.1  Definitions
 
     N1.1-1  Defining "Advanced Degree" (TL:VISA-54;   2-28-92)
 
     "Advanced degree" means any U.S. academic or professional degree (or
     foreign equivalent degree) above that of baccalaureate.
 
     N1.1-2  Master's Degree Equivalent (TL:VISA-54;   2-28-92)
 
     The conference committee report (H.R. Rep. No. 101-955) states that a
     bachelor degree plus five years of progressive experience in the
     professions should be considered as the equivalent of a master's degree.
 
     N1.1-3  Doctorate Degree Equivalent (TL:VISA-54;   2-28-92)
 
     Although the Immigration and Naturalization Service (INS) will not
     evaluate the equivalence of education and experience to a doctorate, if a
     doctorate (or a foreign equivalent degree) is normally required by the
     specialty, the alien must possess such a degree.
 
     N1.1-4  Defining "Profession " (TL:VISA-54;   2-28-92)
 
     INA 101(a)(32) defines "profession" as including but not limited to
     architects, engineers, lawyers, physicians, surgeons, and teachers in
     elementary or secondary schools, colleges, academies, or seminaries. INS
     regulations also include any occupation for which a U.S. baccalaureate
     degree (or foreign equivalent) is the minimum requirement for entry into
     the occupation.
 
     N1.2  Determining Professional Status (TL:VISA-54;   2-28-92)
 
     Evidence to establish an alien as a member of the professions holding an
     advanced degree should be in the form of the following:
 
     (1)  An official academic record showing possession of an advanced degree
     (or foreign equivalent); or
 
     (2)  An official academic record showing possession of a baccalaureate
     degree (or foreign equivalent) and a letter from current or former
     employer(s) showing at least five years of progressive post-baccalaureate
     experience in the specialty.
 
     N2  Aliens of Exceptional Ability (TL:VISA-54;   2-28-92)
 
     An alien may qualify as an employment based-second preference immigrant if
     the alien has exceptional ability in the sciences, arts, or business,
     which will substantially benefit prospectively the national economy,
     cultural or educational interests, or welfare of the United States, and
     the alien's services in the sciences, arts, or business are sought by an
     employer in the United States.
 
     N2.1  Determining Exceptional Ability (TL:VISA-54;   2-28-92)
 
     a.  The possession of a degree, diploma, certificate, or similar award
     from a college, university, school, or other institution of learning; or a
     license to practice, or certification for a particular profession or
     occupation, shall not by itself be considered sufficient evidence of such
     exceptional ability.
 
     b.  "Exceptional ability" has been defined as something more than what is
     usual, ordinary, or common, and requires some rare or unusual talent, or
     unique or extraordinary ability in a calling which, of itself, requires
     that talent or skill. Individuals must have attained a status in their
     field wherein contemporaries recognize exceptional ability.
 
     c.  To establish evidence of exceptional ability, the petition must be
     accompanied by at least 3 of the following:
 
     (1)  An official academic record showing a degree, diploma, certificate,
     or similar award from a college, university, school, or other institution
     of learning relating to the area of exceptional ability;
 
     (2)  Letter(s) from current or former employer(s) showing evidence the
     alien has at least ten years of full-time experience in the occupation;
 
     (3)  A license to practice the profession or certification for a
     particular profession or occupation;
 
     (4)  Evidence that the alien has commanded a salary, or other remuneration
     for services, which demonstrates exceptional ability;
 
     (5)  Evidence of membership in professional associations; or
 
     (6)  Evidence of recognition for achievements and significant
     contributions to the industry or field by peers, governmental entities, or
     professional or business organizations.
 
     d.  If the above standards do not readily apply the petitioner may submit
     comparable evidence to establish the beneficiary's eligibility.
 
     N3  Labor Certification/Job Offer (TL:VISA-54;   2-28-92)
 
     a.  Although a labor certification is required for the second preference
     category, the Attorney General may, when he deems it to be in the national
     interest, waive the requirement that an alien's services in the sciences,
     arts, or business be sought by an employer in the United States.
 
     b.  The Department of Labor has stated that if there is no employer, there
     is no basis for issuing a labor certification. There may be, therefore,
     some valid petitions for employer-based second preference that do not have
     an underlying labor certification.
 
     N4  Petitions (TL:VISA-54;   2-28-92)
 
     Any U.S. employer may file a petition for classification of an alien under
     INA 203(b)(2) as an alien who is a member of the professions holding an
     advanced degree or an alien of exceptional ability in the sciences, arts,
     or business. If an alien is claiming exceptional ability and seeking an
     exemption from the job offer requirement under INA 203(b)(2)(B), then the
     alien, or anyone on the alien's behalf, may file the petition.
 
     N5  Spouse and Children (TL:VISA-54;   2-28-92)
 
     The spouse, or the child of a marriage which existed at the time of the
     principal alien's admission into the United States, is entitled to
     derivative status and may  accompany or follow to join the principal
     applicant. A spouse or child acquired subsequent to the principal alien's
     admission is not entitled to derivative status.
 
 
      -------------------------------------------------------------------
 
     FAM09-42.32(c)  THIRD PREFERENCE - SKILLED WORKERS, PROFESSIONALS, OTHER
     WORKERS
 
     (1)  Entitlement to Status
 
     (TL:VISA-48;   10-1-91)
 
     An alien shall be classifiable as an employment-based third preference
     immigrant under INA 203(b)(3) if the consular officer has received from
     INS a Petition for Immigrant Worker approved in accordance with INA 204 to
     accord the alien such preference status, or official notification of such
     an approval, and the consular officer is satisfied that the alien is
     within the class described in INA 203(b)(3).
 
     (2)  Entitlement to Derivative Status
 
     (TL:VISA-48;   10-1-91)
 
     Pursuant to INA 203(d), and whether or not named in the petition, the
     child or spouse of a employment-based third preference immigrant, if not
     otherwise entitled to an immigrant status and the immediate issuance of a
     visa, is entitled to a derivative status corresponding to the
     classification and priority date of the beneficiary of the petition.
 
     RELATED STATUTORY PROVISIONS
 
     INA 203(b), in part
 
     (TL:VISA-55;   3-13-92)
 
     (3)  SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS.--
 
     (A)  IN GENERAL.--Visas shall be made available, in a number not to exceed
     28.6 percent of such worldwide level, plus any visas not required for the
     classes specified in paragraphs (1) and (2), to the following classes of
     aliens who are not described in paragraph (2):
 
     (i)  SKILLED WORKERS.--Qualified immigrants who are capable, at the time
     of petitioning for classification under this paragraph, of performing
     skilled labor (requiring at least 2 years training or experience), not of
     a temporary or seasonal nature, for which qualified workers are not
     available in the United States.
 
     (ii)  PROFESSIONALS.--Qualified immigrants who hold baccalaureate degrees
     and who are members of the professions.
 
     (iii)  OTHER WORKERS.--Other qualified immigrants who are capable, at the
     time of petitioning for classification under this paragraph, of performing
     unskilled labor, not of a temporary or seasonal nature, for which
     qualified workers are not available in the United States.
 
     (B)  LIMITATION ON OTHER WORKERS.--Not more than 10,000 of the visas made
     available under this paragraph in any fiscal year may be available for
     qualified immigrants described in subparagraph (A)(iii).
 
     (C)  LABOR CERTIFICATION REQUIRED.--An immigrant visa may not be issued to
     an immigrant under subparagraph (A) until the consular officer is in
     receipt of a determination made by the Secretary of Labor pursuant to the
     provisions of section 212(a)(5)(A).
 
     (TL:VISA-48;   10-1-91)
 
     For the provisions of INA 203(d), see section 42.31 (Related Statutory
     Provisions).
 
     -------------------------------------------------------------------
 
     FAM09-42.32(c)  - NOTES  EMPLOYMENT-BASED THIRD PREFERENCE IMMIGRANTS
 
     N1  Defining "Skilled Worker" (TL:VISA-54;   2-28-92)
 
     INS regulations define a "skilled worker" as one who, at the time of
     petitioning, is capable of performing skilled labor, requiring at least 2
     years training or experience, not of a temporary or seasonal nature, and
     for which there are no qualified workers available in the United States.
     Relevant post-secondary education may be considered as training for the
     purposes of this provision.
 
     N2  Defining "Profession" (TL:VISA-54;   2-28-92)
 
     INA 101(a)(32) defines "profession" as including, "but not limited to,
     architects, engineers, lawyers, physicians, surgeons, and teachers in
     elementary or secondary schools, colleges, academies, or seminaries." INS
     has also held that an occupation may generally be considered to be a
     "profession" within the meaning of INA 101(a)(32) if the attainment of a
     baccalaureate degree is usually the minimum requirement for entry into
     that occupation.
 
     N3  Defining "Other Worker" (TL:VISA-54;   2-28-92)
 
     INS regulations define "other worker" to mean a qualified alien capable,
     at the time of petitioning, of performing unskilled labor, requiring less
     than two years training, not of a temporary or seasonal nature, and for
     which there are no qualified workers available in the United States.
 
     N4  Labor Certification/Petition Requirement (TL:VISA-54;   2-28-92)
 
     The consular officer shall not issue an immigrant visa to any third
     preference employment-based immigrant until the consular officer is in
     receipt of an approved petition accompanied by a labor certification
     granted by the Department of Labor, evidence that the alien's occupation
     is on the Department of Labor's Schedule A or evidence to establish that
     the alien qualifies for one of the shortage occupations in the Department
     of Labor's Labor Market Information Pilot Program.
 
     N5  Significance of Approved Preference Petition (TL:VISA-54;   2-28-92)
 
     A certification under INA 212(a)(5)(A) is included in the approval of the
     preference petition. The Immigration and Naturalization Service is
     responsible for determining the eligibility of an alien for preference
     immigrant status. Consular officers shall not readjudicate the petition,
     but rather shall review the petition to determine whether:
 
     (1)  The supporting evidence is consistent with the approval;
 
     (2)  There was any misrepresentation of a material fact; and
 
     (3)  The alien meets the requirements of the employment offered.
 
     N6  Spouse and Children (TL:VISA-54;   2-28-92)
 
     The spouse, or the child of a marriage which existed at the time of the
     principal alien's admission into the United States, is entitled to
     derivative status and may  accompany or follow to join the principal
     applicant. A spouse or child acquired subsequent to the principal alien's
     admission is not entitled to derivative status.
 
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