8 C.F.R. 214.2 - Special requirements for admission, extension, and maintenance of status

Cite as8 C.F.R. 214.2
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1089 practice notes
  • Part II
    • United States
    • Federal Register May 22, 2006
    • May 22, 2006
    ...employment authorization; or (iv) A commercial driver licensed by Canada or Mexico, who is admitted to the United States, under 8 CFR 214.2(b)(4)(i)(E), to conduct business in the United (b) To determine an applicant's immigration status, TSA checks relevant Federal databases and may perfor......
  • Part V
    • United States
    • Federal Register December 19, 2008
    • December 19, 2008
    ...Services (USCIS), the agency within DHS charged with the adjudication of nonimmigrant benefits such as H-2B status, currently require, at 8 CFR 214.2(h)(6), that the intending employer (other than in the Territory of Guam) first apply for a temporary labor certification from the Secretary o......
  • Employment Authorization for Certain H-4 Dependent Spouses
    • United States
    • Federal Register February 25, 2015
    • February 25, 2015
    ...for employment authorization to H-4 dependents (spouses and unmarried children under 21 years of age) of H-1B nonimmigrants. See 8 CFR 214.2(h)(9)(iv). The lack of employment authorization for H-4 dependent spouses often gives rise to personal and economic hardships for the families of H-1B......
  • Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service
    • United States
    • Federal Contract Compliance Programs Office,Labor-management Standards Office,Occupational Safety And Health Administration,The Secretary Of Labor Office,Wage And Hour Division,Workers' Compensation Programs Office
    • Invalid date
    ...113 Stat. 1312, 1316 (8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 107–296, 116 Stat. 2135, as amended; Pub. L. 109–423, 120 Stat. 2900; 8 CFR 214.2(h)(4)(i); 8 CFR 214.2(h)(6)(iii); and sec. 6, Pub. L. 115–218, 132 Stat. 1547 (48 U.S.C. 1806). Subpart A issued under 8 CFR 214.2(h). Subpart ......
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722 cases
  • Burrell v. City University of New York, No. 94 CIV. 8711(RWS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • February 26, 1998
    ...if the Immigration and Naturalization Act, codified at 8 U.S.C. § 1184. The employee may not use the visa to work for other employers. 8 C.F.R. § 214.2(h)(2)(i)(D). If an employee seeks additional employment after working for the authorized employer, the new employer must petition the INS t......
  • Evangelical Lutheran Church in America v. Immigration and Naturalization Service, Civil Action 02-01297 (HHK) (D. D.C. 10/30/2003), Civil Action 02-01297 (HHK).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • October 30, 2003
    ..."attainment of a bachelor's or higher degree in the specific specialty (or its equivalent)." 8 U.S.C. § 1184(i)(1) (2000); see also 8 C.F.R. § 214.2(h)(4)(ii) (2003); Defensor v. Meissner, 201 F.3d 384, 385-88 (5th Cir. 2000) (explaining H-1B requirements). Qumri's position as a Senior Fina......
  • Uzuegbu v. Caplinger, Civ. A. No. 89-4099.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • August 13, 1990
    ...1043 (5th Cir.1990). 2 See Immigration and Nationality Act as amended (INA) § 101(a)(15)(F)(i), 8 U.S.C. § 1101(a)(15)(F)(i); see also 8 CFR § 214.2(f). Unless otherwise noted, all CFR citations are to the 1990 edition. If the citation bore a different number at the time at issue in this ac......
  • Youssefi v. Renaud, Civil Action No. 10–cv–00428–AW.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • March 11, 2011
    ...date she selected to start school, November 3, 2008, was more than thirty days from the end of her prior status, July 27, 2008. See 8 C.F.R. § 214.2(f)(5)(i) (“An F–1 student may be admitted for a period up to thirty days before the indicated report date or program start date.”). The USCIS ......
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99 firm's commentaries
  • Just launched: Doing business in the United States 2022
    • United States
    • JD Supra United States
    • September 21, 2022
    ...The ESTA website can be found at https://esta.cbp.dhs.gov/esta/.57. See 8 C.F.R. § 214.2(l)(1)(ii)(G)(1) (defining “qualifying relationship”).58. Eligible professionals include, but are not limited to, accountants, engineers, lawyers, pharmacists, scientists, and teachers. The NAFTA list of......
  • InterConnect Newsletter - Winter 2020/2021
    • United States
    • JD Supra United States
    • February 22, 2021
    ...May 2012), https://www.dhs.gov/sites/default/files/publications/dhs-cross-border-trucking-guidelines_0.pdf. 4 Id.5 8 USC § 1101.6 8 CFR § 214.2(b)(4)(i)(E).InterConnect Winter 2020-20216 www.beneschlaw.comCabotage Primer: The Basics and Pitfalls of Cross-Border Motor Carriagecontinued from ......
  • Tax-Savvy Planning for Foreign Business Owners Seeking Temporary U.S. Residence: Alternatives to the EB-5 Visa
    • United States
    • JD Supra United States
    • September 10, 2015
    ...41.51, Exh. 1, available at http://www.state.gov/m/a/ dir/regs/fam/09fam/index.htm. 30 22 CFR § 41.51(b)(6); 9 FAM 41.51, at n.3.1. 31 8 CFR § 214.2(e)(1)(ii), (2)(iii), (5); 9 FAM 41.51 N.1.1, adverse tax consequences of expatriation. The non-resident will be taxed only on U.S. investment ......
  • Recent USCIS Memo on Employer-Employee Relationship Requirements for H-1B Visa Petitions: Regulation by Memorandum?
    • United States
    • Mondaq United States
    • March 30, 2010
    ...2 The term "beneficiary" refers to the nonimmigrant worker who has been offered the position for which the visa was processed. 3 8 C.F.R. § 214.2(h)(4)(ii). 4 Distinct and separate from "actual" 5 The Memo cites the following U.S. Supreme Court decisions for the factors to be evaluated when......
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13 books & journal articles
  • Immigration Benefits Management
    • United States
    • ABA Immigration Compliance and Best Practices -
    • August 27, 2018
    ...§ 1182(n). 7. INA § 212(t); 8 U.S.C. § 1182(t). 8. Id. 9. 20 C.F.R. § 655.700. 10. INA § 101(a)(15)(H); 8 U.S.C. § 1101(a)(15)(H); 8 C.F.R. § 214.2(h)(4)(i)(A). 11. 8 C.F.R. § who may be issued a visa or otherwise be provided H-1B status is capped at 65,000 with an additional 20,000 under t......
  • Global Legal Education and Comparative Visa Regulations
    • United States
    • Transnational Law & Contemporary Problems Nbr. 19-2, January 2010
    • Invalid date
    ...the U.S. study abroad program grants student credits or a degree upon completion, they are not recognized under Italian law. [451] See 8 C.F.R. § 214.2(f) (2009); 8 C.F.R. § 214.2(m) [452] 8 U.S.C. § 1101(a)(15)(B) (2007). [453] See 8 C.F.R. § 214.2(f) (2009); 8 C.F.R. § 214.2(m) (2009). [4......
  • Here Come Many More Mail-Order Brides: Why IMBRA Fails Women Escaping the Russian Federation
    • United States
    • Capital University Law Review Nbr. 46-4, December 2018
    • December 1, 2018
    ...visa or fianc6 visa, her lawful status lasts only a few months. Visitor visas are typically granted for no more than six months. 8 C.F.R. § 214.2(b)(1) (2017). The fianc6 visa is good only for ninety days. 8 U.S.C. § 1184(d)(1) (2012). Employment authorization is limited to specific statuse......
  • Regulating the Human Supply Chain
    • United States
    • Iowa Law Review Nbr. 102-2, January 2017
    • January 1, 2017
    ...term of his or her employer’s petition. “[A]n alien’s stay as an H-2A nonimmigrant is limited by the term of an approved petition.” 8 C.F.R. § 214.2(h)(5)(viii)(C) (2016). Petitions are approved for the petitioning firm only; the approval cannot be transferred to other employers. From the p......
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1 provisions

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