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Clarification of Nonimmigrant Visa Status
WGIUPD GENERAL INFORMATION SYSTEM 02/10/04 DIVISION: Office of Medicaid Management PAGE 1 GIS 04 MA/002 TO: Local District Commissioners, Medicaid Directors FROM: Kathryn Kuhmerker, Deputy Commissioner Office of Medicaid Management SUBJECT: Clarification of Nonimmigrant Visa Status EFFECTIVE DATE: Immediately CONTACT PERSON: Local District Support Unit Upstate (518) 474-8216 NYC (212) 268-6855 The purpose of this GIS message is to clarify nonimmigrant visa status. This GIS message supersedes GIS 03 MA/005 issued 02/24/03. As explained below, nonimmigrants who hold a K, S, U or V visa are to be considered as “permanently residing in the United States under color of law” (PRUCOL) and, if otherwise eligible, may receive Medicaid, Family Health Plus (FHPlus) and Child Health Plus A (CHPlus A). However, holders of other nonimmigrant visas that are issued to persons in the United States on a temporary basis only are eligible for Medicaid only for the treatment of an emergency medical condition. There have been several new visa categories issued by the United States Citizenship and Immigration Services (USCIS) [formerly the Immigration and Naturalization Services (INS) and the Bureau of Citizenship and Immigration Services (BCIS)] over the past several years. Some categories of nonimmigrant status allow the status (visa) holder to work and eventually adjust to Lawful Permanent Residence (LPR). These categories allow the individual to apply for adjustment to LPR status after he or she has had the nonimmigrant status for a period of time. Such statuses include, for example: K status: For the spouse, child, or fiancé (e) of a U.S. -
TN Professionals from Canada and Mexico
5000 Forbes Ave, Posner Hall 1st Floor, Pittsburgh, PA 15213 Phone: (412) 268-5231 ▪ Email: [email protected] ▪ Web: www.cmu.edu/oie TN Professionals from Canada and Mexico I. Explanation and terms The TN (Trade NAFTA) category resulted from the North American Free Trade Agreement (NAFTA) to facilitate the entry of Canadian and Mexican citizens to work in the US in certain professions on a temporary basis. For a list of the TN occupations, visit: https://travel.state.gov/content/travel/en/us-visas/employment/visas-canadian-mexican-nafta-professional- workers.html II. Conditions and limitations An advantage of TN status is that there is no upper limit on the length of time that an individual may remain working in TN status, and as of January 1, 2004, there is no numerical limit on the number of new Canadian or Mexican TN applications. For Canadians, TN status is quick to obtain at the border or port of entry. Disadvantages of the TN include (1) it is only valid for a limited number of occupations, (2) TN status is only available to citizens of Canada or Mexico, and (3) since it is meant to be temporary, tenure-track or tenured professors may have difficulty in obtaining TN status. Canadians do not require a visa stamp, but must renew every three years. For Mexicans, a TN worker must have a TN visa from a US consulate to enter the US. TN’s are admitted to the US for three year increments, and must renew every three years. TN status is “employer specific.” A person in TN status who wants to change employers must make a new application – at the border or via the US Immigration and Citizenship Services (USCIS) for Mexicans – before starting new employment in order to obtain a new, properly notated I-94 card. -
Fighting and Winning Rfes: Resources and Tips for Crafting a Winning Response by Protima Daryanani, Richard Yemm, and Dan Berger
Fighting and Winning RFEs: Resources and Tips for Crafting a Winning Response by Protima Daryanani, Richard Yemm, and Dan Berger Protima Daryanani is the Managing Partner at Daryanani Law Group, PC in New York City. A graduate of Brown University and the Emory University School of Law, she has practiced immigration law for over twenty years, representing clients working in entertainment, architecture, the arts, fashion, and design. She is admitted to the State Bar of New York and is an active member of the American Immigration Lawyers Association. As an expert in immigration for the arts and entertainment communities, she has spoken on immigration law panels for the American Bar Association, Volunteer Lawyers for the Arts, and the Rome District Chapter of AILA. Richard Yemm is a Partner in the Los Angeles office of Wolfsdorf Rosenthal LLP. He is certified by the California State Bar as an Immigration and Nationality Law Specialist. Having graduated with honors from the University of Exeter School of Law in the United Kingdom, he prepares and assists clients with a wide range of diverse cases including entertainment, investor, business and marriage/family-based nonimmigrant and immigrant visa petitions, in addition to applications for U.S. citizenship and assisting with corporate I-9 compliance audits. He previously served on the AILA CBP national committee and as the CBP Liaison for the Southern California Chapter of AILA. Dan Berger is a Partner at the immigration law firm of Curran, Berger & Kludt in Northampton, MA. He is a founding member of the US Alliance of International Entrepreneurs (usaie.org), an Honorary Fellow of the American Academy of Adoption Attorneys, on the Legal Advisory Board of the Presidents’ Alliance on Immigration & Higher Education (www. -
Form I-129, Petition for Nonimmigrant Worker
Petition for a Nonimmigrant Worker USCIS Form I-129 Department of Homeland Security OMB No. 1615-0009 U.S. Citizenship and Immigration Services Expires 09/30/2021 Receipt Partial Approval (explain) Action Block For USCIS Use Only Class: Classification Approved No. of Workers: Consulate/POE/PFI Notified Job Code: At: Validity Dates: From: Extension Granted To: COS/Extension Granted ► START HERE - Type or print in black ink. Part 1. Petitioner Information If you are an individual filing this petition, complete Item Number 1. If you are a company or an organization filing this petition, complete Item Number 2. 1. Legal Name of Individual Petitioner Family Name (Last Name) Given Name (First Name) Middle Name 2. Company or Organization Name 3. Mailing Address of Individual, Company or Organization (USPS ZIP Code Lookup) In Care Of Name Street Number and Name Apt. Ste. Flr. Number City or Town State ZIP Code Province Postal Code Country 4. Contact Information Daytime Telephone Number Mobile Telephone Number Email Address (if any) 5. Other Information Federal Employer Identification Number (FEIN) Individual IRS Tax Number U.S. Social Security Number (if any) ► ► ► Form I-129 Edition 03/10/21 Page 1 of 36 Part 2. Information About This Petition (See instructions for fee information) 1. Requested Nonimmigrant Classification (Write classification symbol): 2. Basis for Classification (select only one box): a. New employment. b. Continuation of previously approved employment without change with the same employer. c. Change in previously approved employment. d. New concurrent employment. e. Change of employer. f. Amended petition. 3. Provide the most recent petition/application receipt number for the ► beneficiary. -
Overview of the U.S. Immigration System for Businesses
OVERVIEW OF THE U.S. IMMIGRATION SYSTEM FOR BUSINESSES Laura Edgerton, Esq., Edgerton Law Firm, PLLC The U.S. immigration system is highly complex and is constantly changing. At the same time, companies are becoming increasingly global. Companies that employ foreign workers must have a basic understanding of the various immigration classifications that enable a foreign national to legally work in the U.S. and the procedures that must be followed to obtain the appropriate visa status for an employee. They must also know when an individual is not authorized to work in the U.S. Companies that do not have this knowledge face significant financial penalties and, possibly, criminal penalties, as well. The following materials are intended to provide an overview of the primary types of temporary and permanent visa categories that are used by businesses, as well as the government agencies that are responsible for processing visas and enforcing violations of the law with regard to the employment of foreign workers. U.S. Governmental Agencies and Departments Involved in the Immigration Process On November 25, 2002, President George W. Bush signed into law the Homeland Security Act of 2002. This law transferred the functions of the Immigration and Naturalization Service (INS) to the new Department of Homeland Security (DHS). As a result of this law, on March 1, 2003, the former INS was dismantled and its functions were separated into three components within the Department of Homeland Security: Laura Edgerton is a Raleigh immigration lawyer and the founder of Edgerton Law Firm, PLLC d/b/a Edgerton Immigration Law, a North Carolina law firm focusing exclusively on immigration and naturalization law. -
SECTION FIVE Canadian TN Nonimmigrant Pursuant to NAFTA
SECTION FIVE Canadian TN Nonimmigrant pursuant To NAFTA 8 CFR 214.6 - TN Professionals 123 Requirements for admission 134 Extension of Stay 138 Change of/or additional employer 138 Spouse and children 139 Denial of "TN" application for admission 139 TN Processing Summary 140 TN Information Handout 141 HQINS: NOVEMBER 1999 122 8 CFR Sec. 214.6 Canadian and Mexican citizens seeking temporary entry to engage in business activities at a professional level. (Sec. 214.6 revised 1/1/94; 58 FR 69212) (a) General. Under Section 214(e) of the Act, a citizen of Canada or Mexico who seeks temporary entry as a business person to engage in business activities at a professional level may be admitted to the United States in accordance with the North American Free Trade Agreement (NAFTA). (b) Definitions. As used in this section, the terms: Business activities at a professional level means those undertakings which require that, for successful completion, the individual has a least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession set forth in Appendix 1603.D.1 of the NAFTA. Business person, as defined in the NAFTA, means a citizen of Canada or Mexico who is engaged in the trade of goods, the provision of services, or the conduct of investment activities. Engage in business activities at a professional level means the performance of prearranged business activities for a United States entity, including an individual. It does not authorize the establishment of a business or practice in the United States in which the professional will be, in substance, self-employed. -
Factsheet on US O-1A Visa & EB1A Green Card
Factsheet on US O-1A Visa & EB1A Green Card General overview – O1A visa The U.S. O-1 non-immigrant visa is for distinct personalities who possess extraordinary ability in the field of arts, sciences, business, education, or athletics, or who retain a demonstrated record of extraordinary achievement in the motion picture or television industry. The O visa is divided into different categories and has diverse criteria and requirements depending upon the type of extraordinary ability and work to be performed. There are majorly two O-1 visas i.e. O-1A and O-1B which concern the main applicant and two other O-1 visas that are designed for the dependents of the main applicant. The O-1A visa This visa is intended for those individuals who possess extraordinary ability in the fields of sciences, education, business, or athletics. It does not include those working in the arts, motion pictures or television industry. The beneficiary must be able to demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability. O-2 and O-3 visas are for dependents of O-1A and O-1B. O visas can be issued fairly quickly and are granted for the length of time necessary for a particular event, which can go up to a maximum of three years, with unlimited extensions in one-year increments. General overview – EB1A Green Card The EB-1A Green Card Option: The O-1A visa secures the path to EB-1A Green Card option. -
Temporary Foreign Workers by the Numbers New Estimates by Visa Classification
Temporary foreign workers by the numbers New estimates by visa classification Report • By Daniel Costa and Jennifer Rosenbaum • March 7, 2017 Summary: Basic information published by the U.S. government shows that hundreds of thousands of new nonimmigrant visas authorizing employment are issued each year; it also shows the average aggregate size of the population of persons who hold nonimmigrant visas in the United States. However, the U.S. government does not have an adequate, reliable estimate for the total number of temporary foreign workers who are authorized to be employed in the U.S. labor market in the main nonimmigrant visa classifications that authorize employment. This report seeks to add to the limited existing literature on the size and makeup of temporary foreign worker programs in the United States by reviewing and assessing the available data in the main nonimmigrant visa classifications that authorize employment. It estimates that 1.42 million temporary foreign workers were employed in the United States with nonimmigrant visas in fiscal 2013. This number is approximately equal to 1 percent of the U.S. labor force. • Washington, DC View this report at epi.org/120773 SECTIONS Executive Summary 1. Executive Summary • 1 2. Introduction: Many Americans are aware of the often-cited estimate that Nonimmigrant visas approximately 11 million unauthorized immigrants reside in and temporary foreign the United States. However, the U.S. government does not workers • 3 have an adequate, reliable estimate for the total number of 3. Nonimmigrant visa temporary foreign workers who are authorized to be classifications employed in the U.S. -
Practical Guidance at Lexis Practice Advisor®
Practical guidance at Lexis Practice Advisor® Lexis Practice Advisor® offers beginning-to-end practical guidance to support attorneys’ work in specific transactional practice areas. Grounded in the real-world experience of expert practitioner-authors, our guidance ranges from practice notes and legal analysis to checklists and annotated forms. In addition, Lexis Practice Advisor provides everything you need to advise clients and draft your work product in 12 different practice areas. Liz Stern Key Considerations Before Engaging in Business Immigration Sponsorship By Liz Stern, Mayer Brown LLP This practice note identifies key topics and best practices for an employer to consider when developing and assessing its immigration sponsorship policy. This includes the practice of sponsoring foreign national employees for temporary and permanent immigration status. Specifically, this practice note provides guidance on the following issues concerning business immigration sponsorship: • Overview of employment-based sponsorship and employment verification • Government agencies overseeing visa issuance • Visa classifications • Common categories of employment-based nonimmigrant (temporary) and immigrant (permanent) visas • Choosing between nonimmigrant (temporary) and immigrant (permanent) sponsorship • Considering financial costs of sponsorship • Determining compliance obligations for sponsors and visa holders For a checklist concerning business immigration sponsorship, see Checklist – Best Practices for Employers Undertaking Business Immigration Sponsorship (Nonimmigrant and Immigrant). For more information on business immigration visas, see Lexis Practice Advisor’s Business Immigration / Visas practice notes and Lexis Practice Advisor’s Business Immigration / Visas forms. Overview of Employment-Based Sponsorship and Employment Verification Below we outline some key issues concerning employment-based sponsorship and employment verification. • Employment-based sponsorship for nonimmigrant and immigrant (permanent residency) status. -
Immigration Spotlight October 30, 2012 | Issue 126
IMMIGRATION SPOTLIGHT OCTOBER 30, 2012 | ISSUE 126 INSIDE SPOTLIGHT USCIS NEWS U.S. CITIZENSHIP AND IMMIGRATION SERVICES NEW OPTION FOR FILING TN New option for filing TN .................................................. 126.1 On October 1, 2012, USCIS began accepting Form I-129 on be- half of Canadian citizens who are outside the U.S. and seeking DEPARTMENT OF STATE TN (Treaty National) classification. Prior to this change, USCIS Visa Reissuance Program (VRP) ...................................... 126.2 would only accept Form I-129 for a petition to extend TN status November Visa Bulletin ................................................... 126.2 or change to TN status for individuals who are already in the United States. DEPARTMENT OF HOMELAND SECURITY The TN classification was created pursuant to the North Ameri- Taiwan added to Visa Waiver Program .......................... 126.3 can Free Trade Agreement (NAFTA). The TN is a nonimmigrant OTHER NEWS visa which allows citizens of Canada to work in the United J&H webinars ................................................................... 126.3 States in a professional position listed on the NAFTA job series list. For a list of positions eligible for TN classification, please see Immigration Trivia............................................................ 126.3 http://www.jackson-hertogs.com//?page_id=4848 . Canadian citizens continue to have the option of applying for TN classification directly with U.S. Customs and Border Protection at the border. However, the option to file for initial TN classifi- cation with USCIS allows petitioners to retain more control over the filing. The benefits of such a filing including obtaining a “preclearance” for a potential new hire in advance of the travel date. This may allow employers to better plan for new TN em- ployees to come to the United States if the TN processing is done in advance of the entry date. -
GAO-18-608, NONIMMIGRANT VISAS: Outcomes of Applications And
United States Government Accountability Office Report to Congressional Requesters August 2018 NONIMMIGRANT VISAS Outcomes of Applications and Changes in Response to 2017 Executive Actions GAO-18-608 August 2018 NONIMMIGRANT VISAS Outcomes of Applications and Changes in Response to 2017 Executive Actions Highlights of GAO-18-608, a report to congressional requesters Why GAO Did This Study What GAO Found Previous attempted and successful The total number of nonimmigrant visa (NIV) applications that Department of terrorist attacks against the United State (State) consular officers adjudicated annually peaked at about 13.4 million States have raised questions about the in fiscal year 2016, and decreased by about 880,000 adjudications in fiscal year security of the U.S. government’s 2017. NIV adjudications varied by visa group, country of nationality, and refusal process for adjudicating NIVs, which reason: are issued to foreign nationals, such as • tourists, business visitors, and Visa group. From fiscal years 2012 through 2017, about 80 percent of NIV students, seeking temporary admission adjudications were for tourists and business visitors. During this time, into the United States. For example, adjudications for temporary workers increased by about 50 percent and the December 2015 shootings in San decreased for students and exchange visitors by about 2 percent. Bernardino, California, led to concerns • Country of nationality. In fiscal year 2017, more than half of all NIV about NIV screening and vetting adjudications were for applicants of six countries of nationality: China (2.02 processes because one of the million, or 16 percent), Mexico (1.75 million, or 14 percent), India (1.28 attackers was admitted into the United million, or 10 percent), Brazil (670,000, or 5 percent), Colombia (460,000, or States under a NIV. -
Revised Residence Form -- Non-US Citizens
The University of North Carolina at Chapel Hill Residence Status Supplemental Form for Non-U.S. Citizens If you are not a U.S. citizen, you must complete this supplemental form. Non-U.S. citizens must show that they have certain visa or immigration statuses in order to have the legal ability to maintain a domicile in North Carolina. Upon meeting these requirements, applicants who are non-U.S. citizens will be subjected to the same considerations as U.S. citizens in determining residence status for tuition purposes. If you are a dependent relying upon the domicile of your parent(s) or guardian(s) to establish residence for tuition purposes, this form should be completed by those parent(s) or guardian(s). Please complete this form in addition to the Residence and Tuition Status Application. The directions from the Residence and Tuition Status Application form are incorporated herein by reference. Please type all responses or print them clearly in ink. 1. Student’s full name: __________________________________________ PID: ___________________________ 2. Full name of Parent(s)/Guardian(s) (if applicable):__________________________________________________ 3. Do you (the student or parent/guardian, where applicable) possess a valid and current U.S. immigration status? Yes No If so, what is the designation of your current immigration status? _________________ (For example, provide the designation of your current visa or identify any pending immigration applications.) 4. When was your current immigration status (listed above) issued? (Month/Day/Year) ____/_____/____ When does your current immigration status expire? (Month/Day/Year)____/_____/____ 5. Please identify each and every immigration status, if any, that have been issued to you by the United States government and, where necessary, identify the specific types of visas by both letter and number (e.g., A-1, E- 2, G-4, H-1B, etc.) in the space provided.