The alien has the burden to establish, by a preponderance of the evidence, eligibility for a provisional unlawful presence waiver as described in this paragraph, and under section 212(a)(9)(B)(v) of the Act, including that the alien merits a favorable exercise of discretion. by an affidavit of paternity) and later 29, 2022]. (C) Be selected by a membership organization representing the discipline from a list of acceptable candidates supplied by the credentialing body. It is not an official legal edition of the CFR. Posthumous citizenship through death while on active-duty service in armed forces during World War I, World War II, the Korean hostilities, the Vietnam hostilities, or in other periods of military hostilities. . L. 103416; (2) An explanation from the foreign medical graduate, with supporting evidence, establishing that extenuating circumstances necessitate a change in employment; (3) An employment contract establishing that the foreign medical graduate will practice medicine at the health care facility named in the new H1B petition for the balance of the required 3-year period; and. The alien (and any family member of the alien who is 18 years of age or older) shall sign a statement acknowledging an awareness that parole only authorizes a temporary stay in the United States and does not convey the benefits of S nonimmigrant classification, any other nonimmigrant classification, or any entitlement to further benefits under the Act; and. L. 103416 based on a request by a State Department of Public Health (or its equivalent) if: (A) They were admitted to the United States under section 101(a)(15)(J) of the Act, or acquired J nonimmigrant status before June 1, 2002, to pursue graduate medical education or training in the United States. L. 110229, 122 Stat. USCIS will only approve such provisional unlawful presence waiver applications in accordance with the conditions outlined in paragraph (e) of this section. a citizen of the United States; (g) A person born outside the United States and Notwithstanding any of the provisions of this part, an alien seeking admission as a spouse, fiance, fianc, or child of a U.S. citizen, or as a child of the spouse, fian, or finace of a U.S. citizen, pursuant to section 101(a)(15)(K) of the Act shall be in possession of an unexpired nonimmigrant visa issued by an American consular officer classifying the alien under that section, or be inadmissible under section 212(a)(7)(B) of the Act. For purposes of 212.1 and 235.1 of this chapter: Adjacent islands means Bermuda and the islands located in the Caribbean Sea, except Cuba. The denial of a provisional unlawful presence waiver is governed by 8 CFR 212.7(e). (vi) Notification requirements. When a crewman who has a valid section 212(d)(3) authorization without any time limitation comes to the attention of the Service, his travel document shall be endorsed to show that the validity of his section 212(d)(3) authorization expires as of a date six months thereafter, and any previously-issued Form I184 shall be lifted and Form I95 shall be issued in its place and similarly endorsed. required a U.S. citizen married to an alien to have had a much longer residence After a petitioner has established eligibility for EB-2 classification, U.S. Admission of immigrants into the United States. Children born and residing outside the United States; conditions for acquiring certificate of citizenship. (j) Reporting of material changes. (ii) The organization shall have policies and procedures for the revocation of certificates at any time if it is determined that the certificate holder was not eligible to receive the certificate at the time that it was issued. 8 FAM 301.6-2 Text of Section 201 The DHS will evaluate organizations, including CGFNS, seeking to obtain approval from the DHS to issue certificates for health care workers, or certified statements for nurses. (5) Qualified investor means an individual who is a U.S. citizen or lawful permanent resident of the United States, or an organization that is located in the United States and operates through a legal entity organized under the laws of the United States or any state, that is majority owned and controlled, directly and indirectly, by U.S. citizens or lawful permanent residents of the United States, provided such individual or organization regularly makes substantial investments in start-up entities that subsequently exhibit substantial growth in terms of revenue generation or job creation. possessions before reaching the age of twenty-one years, his American INA 301. eCFR Such foreign medical graduates and their accompanying H4 dependents also become subject to deportation under section 241(a)(1)(C)(i) of the Act. law in force at the time of the applicant's birth. 0000075908 00000 n The DHS shall accord the Secretary of HHS' opinion great weight in reaching its decision. Revocation of approval of petitions; effective date. The Immigration Act of 1965, then, comprised a complex of measures that promoted both greater inclusions and greater exclusions. We use the less offensive term foreign citizens, since alien (to some) implies something less than human. For purposes of paragraphs (a)(3) and (5) of this section, an entity may be considered recently formed if it was created within the 5 years immediately preceding the receipt of the relevant grant(s), award(s), or investment(s). (5) An alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon his/her spouse or child who is a citizen of the United States or a lawful permanent resident alien, or that he or she cannot return to the country of his or her nationality or last residence because he or she will be subject to persecution on account of race, religion, or political opinion, may apply for a waiver on the form designated by USCIS. (1) An alien who was admitted to the United States as an exchange visitor, or who acquired that status after admission, is subject to the foreign residence requirement of section 212(e) of the Act if his or her participation in an exchange program was financed in whole or in part, directly or indirectly, by a United States government agency or by the government of the country of his or her nationality or last foreign residence. 0000002910 00000 n Cancellation of removal; adjustment of status. (f) Advance authorization. (4) Qualified investment means an investment made in good faith, and that is not an attempt to circumvent any limitations imposed on investments under this section, of lawfully derived capital in a start-up entity that is a purchase from such entity of its equity, convertible debt, or other security convertible into its equity commonly used in financing transactions within such entity's industry. A visa required of such an alien unless, prior to or at the time of embarkation for the United States on a vessel or aircraft, the alien satisfied the examining U.S. immigration officer at the Bahamas, that he or she is clearly and beyond a doubt entitled to admission, under section 212(a) of the Immigration and Nationality Act, in all other respects.