[Effective until 12/15/2025] Special requirements for admission, extension, and maintenance of status
| Currency | Current through May 31, 2023 |
| Citation | 8 C.F.R. §214.2 |
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4 cases
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Save Jobs USA v. U.S. Dep't of Homeland Sec.
...See Employment Authorization for Certain H-4 Dependent Spouses, 80 Fed. Reg. 10,284, 10,285 (Feb. 25, 2015) (codified at 8 C.F.R. §§ 214.2, 274a) ("H-4 Rule"). The H-4 Rule aims to "ameliorate certain disincentives that currently lead H-1B nonimmigrants to abandon efforts to remain in the U......
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Save Jobs USA v. U.S. Dep't of Homeland Sec'yL
...status. See Employment Authorization for Certain H-4 Dependent Spouses, 80 Fed. Reg. 10,284, 10,311 (Feb. 25, 2015) (codified at 8 C.F.R. §§ 214.2, 274a.12, 274a.13) ("H-4 Rule"); see also Save Jobs USA, 942 F.3d at 507-08 (explaining the rule in detail). With the H-4 Rule, DHS hopes to "am......
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In re Izummi
...still preclude the capital from being placed at risk during the two-year conditional period, as required by the regulations. 22. Cf. 8 C.F.R. § 214.2(l)(2)(ii) regarding non-immigrant L-1 blanket 23. The investment agreement is silent as to cash reserves. 24. It should be noted that the ban......
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E & T Elec. LLC v. OFLC Certifying Officer
...courts must consider all subparts in harmony). Plaintiff's myopic construction of § 655.6 also disregards the language and structure of 8 C.F.R. § 214.2, elaborates as follows on the showing an employer must make to obtain H-2B certification: (ii) Temporary services or labor- (A) Definition......
15 firm's commentaries
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Breaking Down the New DOL and DHS H-1B Rules
...Security’s (DHS) newest agency rule, Strengthening the H-1B Program,1 which is planned go into effect on December 7, 2020, and will amend 8 CFR 214.2(h), the regulatory section that contains all H-1B program criteria and If implemented, this interim final rule (IFR) will make sweeping chang......
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Changes during the H-1B Relationship: Employer Compliance Issues
...suggests that an employer “shall” notify USCIS when the H-1B employment relationship ends, whether by termination or resignation. 8 CFR § 214.2(h)(11)(i)(A). However, there is no sanction for failure to notify USCIS. As a result, depending upon the circumstances of the termination or resign......
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Corporate Restructuring and its Potential Impact on H-1B Workers
...Acting Director, Business and Trade Services, HQ 70/6.2.8 (June 7, 2001), AILA Doc. No. 01062832 (Posted June 28, 2001) referring to 8 CFR §214.2(h)(2)(i)(E). [2] INA § 214(c)(10); 8 U.S.C. § [3] 20 CFR § 655.730(e)(1). [4] 20 CFR § 655.730(e)(1) (“Where an employer corporation changes its ......
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“I Lost the H-1B Lottery… Now What?” Four Nonimmigrant Visa Alternatives to Employ for Foreign Professionals
...can be found in at 8 CFR §214.6(c). [3] Countries with qualifying treaties can be found at the Department of State’s website. [4] See 8 CFR 214.2(e)(9) for a comprehensive Alexandra Crandall 8 U.S.C. § 1184(i)(1). [2] A complete list of qualifying occupations can be found in at 8 CFR §214.6......
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18 books & journal articles
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VOLUME I Chapter 12 Foreign Nationals in the Workforce
...9 Foreign Affairs Man. § 402.2-2(B), Factors to be used in Determining Entitlement to Temporary Visitor Classification.[145] Id.[146] 8 C.F.R. § 214.2(b)(1). Prior to filing any application for extension of stay or change of status application, it is important to understand that this may ra......
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Here Come Many More Mail-Order Brides: Why IMBRA Fails Women Escaping the Russian Federation
...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......
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Regulating the Human Supply Chain
...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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Looking for Work in All the Wrong Places: An Argument for the Adoption of a Job-Seeker Visa in the United States
...Statistical_Annual_Report_Final_-_OPQ_5.28.19_EXA.pdf [https://perma.cc/RA4SGYY3]. 15 8 C.F.R. § 214.2(h)(4)(i)(A)(1) (2019). 16 See 8 C.F.R. § 214.2(h)(1)(ii)(B) (2019). 17 See 8 C.F.R. § 214.2(h)(4)(i)(A)(1) (2019). 18 Id. 2020] JOB-SEEKER VISAS IN THE UNITED STATES 33 In order to secure ......
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