A valid unexpired visa that meets the requirements of part 215, subpart B, of this chapter, if applicable, and an unexpired passport, shall be presented by each arriving nonimmigrant alien except that the passport validity period for an applicant for admission who is a member of a class described in section 102 of the Act is not required to extend beyond the date of his application for admission if so admitted, and except as otherwise provided in the Act, this chapter, and for the following classes: (a) Citizens of Canada or Bermuda, Bahamian nationals or British subjects resident in certain islands . Copyright 2023 Wiscons in Reads. Passage of a test predicting the success on the licensure or certification examination may be accepted only if a majority of states (and Washington, DC) licensing the profession in which the alien intends to work recognize such a test. (ii) The date on which the alien attempted to be admitted from foreign contiguous territory. However, if the authorization is valid for multiple entries rather than for a specified number of entries, this information shall be specified only with respect to the initial entry; (v) The number of entries for which the authorization is valid; (vi) Subject to the conditions set forth in paragraph (c)(2) of this section, the dates on or between which each application for admission at POEs in the United States is valid; (vii) The justification for exercising the authority contained in section 212(d)(3) of the Act; and. Nationals but not citizens; residence within outlying possessions. (2) An alien is eligible for the waiver provision if all of the eligibility criteria in paragraph (e)(1) of this section have been met prior to embarkation and the alien is a citizen of a country that: (i) Has a visa refusal rate of 16.9% or less, or a country whose visa refusal rate exceeds 16.9% and has an established preinspection or preclearance program, pursuant to a bilateral agreement with the United States under which its citizens traveling to Guam without a valid United States visa are inspected by the Immigration and Naturalization Service prior to departure from that country; (ii) Is within geographical proximity to Guam, unless the country has a substantial volume of nonimmigrant admissions to Guam as determined by the Commissioner and extends reciprocal privileges to citizens of the United States; (iii) Is not designated by the Department of State as being of special humanitarian concern; and. 1101 note, and section 1244(g) of the National Defense Authorization Act for Fiscal Year 2008, as amended, Public Law 110181 (Jan. 28, 2008); (5) Cuban and Haitian entrants applying for adjustment of status under section 202 of the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99603, 100 Stat. After a petitioner has established eligibility for EB-2 classification, U.S. (4) Expiration of certificate or certified statement. and its outlying possessions of parents one of whom is a citizen of the United (1) General. citizen parent's 12th birthday. Thus, section 201(i) NA reduced to age 17 the (iv) The organization shall establish performance outcome measures that track the ability of the certificate holders to pass United States licensure or certification examinations. (ix) The organization shall publish due process policies and procedures for applicants to question eligibility determinations, examination or evaluation results, and eligibility status. citizenship shall thereupon cease. The preceding provisos shall not apply to a (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. (2) Automatic termination. site when drafting amendatory language for Federal regulations: 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. (iv) Failure to fulfill the three-year employment contract due to extenuating circumstances. Ngai, M. M. (2004). (B) Denial. L. 103416 may be affirmed, and the amended H1B petition may be approved, if the petitioning health care facility establishes that the foreign medical graduate otherwise remains eligible for H1B classification and that he or she will continue practicing medicine in an HHS-designated shortage area. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. An alien occupational therapist who has graduated from a program accredited by the Accreditation Council for Occupational Therapy Education (ACOTE) of the American Occupational Therapy Association (AOTA) is exempt from the educational comparability review and English language proficiency testing. (1) Aliens required to obtain visas. Nationals and citizens of United States If the entrepreneur is in the United States at the time that USCIS approves the request for re-parole, such approval shall be considered a grant of re-parole. L. 110229, 122 Stat. described briefly in 22 CFR 50.2-50.5 and in more detail in 22 CFR 51.42 and 22 (11) The applicant shall be notified of the decision, and if the application is denied, of the reasons therefor and of the right of appeal in accordance with the provisions of part 103 of this chapter.
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