8 C.F.R. §214.2 - [Effective HASH(0x5d483b0)] Special requirements for admission, extension, and maintenance of status

Cite as8 C.F.R. §214.2
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755 cases
  • Evangelical Lutheran Church in America v. Immigration and Naturalization Service, Civil Action 02-01297 (HHK) (D. D.C. 10/30/2003)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • October 30, 2003
    ...the "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 ......
  • 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). 2See 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 act......
  • Rahman v. Napolitano, Case No. C09–1269 RSM.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • December 9, 2011
    ...in April 2000. H–1B visas allow aliens to come to the United States temporarily “to perform services or labor for ... an employer.” 8 C.F.R. 214.2(h)(1)(i). The H–1B classification that applied to Mr. Rahman was for performance of “services in a specialty occupation.” 8 C.F.R. §§ 214.2(h)(1......
  • Hootkins v. Napolitano, Case No. CV 07-5696-CAS (MANx).
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • April 28, 2009
    ...the United States on a K-1 fiance(e) visa. Plaintiff married her husband within 90 days of entry, on April 19, 2004, as required by 8 C.F.R. § 214.2(k)(6)(ii). Plaintiff Nguyen and her spouse timely filed a Form I-485 to adjust status, and her spouse timely filed the requisite I-864 Affidav......
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100 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 General Library 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 No. 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 No. 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 No. 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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4 forms
  • Petition for a Nonimmigrant Worker
    • United States
    • United States Forms Citizenship and Immigration Services
    • Invalid date
    ...H-2A or H-2B worker you plan to hire who is not from a country that has been designated as a participating country in accordance with 8 CFR 214.2(h)(5)(i)(F)(1) or 214.2(h)(6)(i)(E)(1). See www.uscis.gov for the list of participating countries. (Attach a separate sheet if additional space i......
  • Petition for a CNMI-Only Nonimmigrant Transitional Worker
    • United States
    • United States Forms Citizenship and Immigration Services
    • Invalid date
    ...application for Temporary Labor Certification. The above named petitioning employer is doing business as defined in the regulations at 8 CFR 214.2(w)(1)(iii). The above named petitioning employer is a legitimate business as defined in the regulations at 8 CFR The above named petitioning emp......
  • Semiannual Report for CW-1 Employers
    • United States
    • United States Forms Citizenship and Immigration Services
    • Invalid date
    ...CNMI- Only Transitional Worker (CW-1) Nonimmigrant Workers(s) (continued) I understand that USCIS may revoke or deny my petition under 8 CFR 214.2(w)(27) if I fail to submit requested evidence at any point during the document retention I certify, under penalty of perjury, under the laws of ......
  • Fee Remittance Form for Certain F, J, and M Non-immigrants
    • United States
    • United States Forms United States Immigration and Customs Enforcement
    • Invalid date
    ...of student status, who has been out of student status for a period exceeding the presumptive ineligibility requirement set forth in 8 CFR 214.2(f)(16) (A) or r. A nonimmigrant who has applied for a change of status in the United States to an F, M, or J classification, had the initial applic......
5 provisions
  • PL 116-94, HR 1865 – Further Consolidated Appropriations Act, 2020
    • United States
    • U.S. Public Laws
    • January 1, 2019
    ...purpose of regulating admission of temporary workers under the H-2B program, the definition of temporary need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).Sec. 112. Notwithstanding any other provision of law, the Secretary may furnish through grants, cooperative agreements, contracts,......
  • PL 117-103, HR 2471 – Consolidated Appropriations Act, 2022
    • United States
    • U.S. Public Laws
    • January 1, 2022
    ...purpose of regulating admission of temporary workers under the H-2B program, the definition of temporary need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B). Sec. 112. Notwithstanding any other provision of law, the Secretary may furnish through grants, cooperative agreements, contracts......
  • PL 116-260, HR 133 – Consolidated Appropriations Act, 2021
    • United States
    • U.S. Public Laws
    • January 1, 2020
    ...purpose of regulating admission of temporary workers under the H-2B program, the definition of temporary need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B). Sec. 112. Notwithstanding any other provision of law, the Secretary may furnish through grants, cooperative agreements, contracts......
  • PL 117-328, HR 2617 – Consolidated Appropriations Act, 2023
    • United States
    • U.S. Public Laws
    • January 1, 2022
    ...purpose of regulating admission of temporary workers under the H-2B program, the definition of temporary need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B). Sec. 112. Notwithstanding any other provision of law, the Secretary may furnish through grants, cooperative agreements, contracts......
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