Subject: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)
Date: 16 Mar 1996 08:16:08 -0500
Summary: Frequently Asked questions for alt.visa.us, misc.immigration.usa (GC and Citizenship)
Cc: 

Last-Modified: 25 January 1996

Currently, the USA Immigration FAQ is maintained by 
Rajiv S. Khanna [rskhanna@immigration.com]

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part6. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part6
in the body of the message.

Please see part1 of this faq for standard disclaimers.

If you have access to the Web you can also access the FAQ  
from http://www.immigration.com

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@immigration.com directly.  In many answers below, submitters are 
noted in parentheses at the beginning of comments.  (Comments may be 
slightly edited.)

"WE CLAIM NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. 
APPLICATION OF LAW CAN VARY  DRASTICALLY ACCORDING TO THE FACTS OF A
PARTICULAR CASE.  THE FAQ IS NOT  MEANT TO BE SPECIFIC LEGAL ADVICE.  IT IS
ONLY A STARTING POINT.  MUCH OF THE INFORMATION CONTAINED IN THE FAQ IS
PROVIDED BY LAYPERSONS.  PLEASE USE YOUR OWN JUDGMENT."

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                    Labor/GC
                    --------

Q. How many days/weeks/months does it take to get a Labor Clearance 
   for GC?
*A: [from B.G. Mahesh, mahesh@mahesh.com] [Modified by Rajiv S. Khanna,
    rskhanna@immigration.com]
   This depends on the state you reside. It can take anywhere from 4 months
   to 2 years.
   

   [from Vijay Rangarajan,vijay@ncsa.uiuc.edu] [Modified by Rajiv S. Khanna,
    rskhanna@immigration.com]
   Here is a list of appoximate Labor certification processing time sorted
   statewise. Any additions/modifications should be sent to
    rskhanna@immigration.com.
   

.Arizona..6 months
        California      9 months
.Colorado.9 months
.D.C...8 months
        Illinois        1 year
        Louisiana       5 months for Professor
        Maryland        7 months
        Michigan        8+ months
        Missouri        1 year 3 months
        New York        1 year 6 months
        Ohio            6 months
        Oregon          7 months
        Tennessee       6 months
        Texas           6 months
.Virginia.8 months
        Washington      10 months

Q. How many days/weeks/months does it take to get a I-140 approval ?

A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   2-4 months for labor certification supported I-140.

Q. What is involved in the labor certification? 
A:  [from B.G. Mahesh, mahesh@mahesh.com]
    o Prepare a job description for the job being offered.
    o Job must be "permanent".
    o Alien must be paid at least the minimum wages prevalent 
      for the job in the geographical area of employment.
    o You need to advertise the job for 10 business days in your office
    o Advertise for 3 consecutive days in a newspaper.
   
    DOL [dept of labor] will send in all the responses they get 
    for your advertisement and your employer needs to justify why 
    you are better than other applicants. If the DOL doesn't approve 
    your labor then you can't apply for labor clearance for the next 
    6 months.

*Q. I am currently on an H1-B visa on behalf of a Software company. I have a
B.S degree in Electrical Engineering and about 8 years of professional
experience in this area.  I am about to begin the process of applying for
Labour Certification. I have 'heard' that not having a Master's degree may
prove a hinderance to  my case for LC. ( The job only required a B.S as the
minimum degree with 2-3 years of experience when I applied for it).  What if
any impact would my Educational qualifications ( only BS ) have in the DOL
processing my application?

A. [From Rajiv S. Khanna, rskhanna@immigration.com]
There is no reason for lack of MS to be a hindrance.  As long as you possess
 specialized experience, and the job being certified requires that
experience,  you should be fine.  In fact, I personally believe experience
in most cases may be  better than a graduate degree.

*Q. What are is the DOL actually looking for when it goes through the labour 
  certification process?

A. [From Rajiv S. Khanna, rskhanna@immigration.com]
This could take a book to answer.  Typically, DOL looks into: bona fide job 
opportunity (job must not be a sham); the appropriate wages being paid; 
reasonableness of job requirements; appropriate recruitment and alien's 
appropriateness for the position.


*Q.  What are the 'additional' things that I need to address, and take
account of before filing the advertisement and starting the LC process?  

A. [From Rajiv S. Khanna, rskhanna@immigration.com]
Here is a topic for another book.  In a nutshell:

Typically, in order to have a good chances of success, we must investigate 
beforehand whether the salary being offered to the alien meets the likely U.S. 
Department of Labor ("U.S. DOL" or "DOL") prevailing wage standards.  We must 
also carefully analyze the job opportunity to establish its actual minimum 
requirements for the job (these requirements are often not identical to the 
personnel department's rudimentary job description and requirements) and to 
harmonize these requirements with the standards established by the DOL for 
review of job duties and requirements.  We might also want to investigate the 
current status of the labor market for the position, to assess the
potential availability of qualified U.S. workers.


*Q. Would requiring a BS with 2-3 years of experience change the preference
category of my labour certification  process?
A. [From Rajiv S. Khanna, rskhanna@immigration.com]
BS falls in the category EB3 while MS (or BS + 5 Years Exp.) falls in category 
EB2.


Q. Does the employer need to show the company's finances?
A:  [from B.G. Mahesh, mahesh@mahesh.com]
    Basically the employer needs to demonstrate that the company is
    financially sound and it can afford to employ you. So your
    employer may have to show the company's finances.

*Q.  A friend of mine had got the labor certification and while waiting
     for his date became current, he get laid off from his job.
    Could you please tell me is his labor certification still valid
    for GC application?
A:  [From Rajiv S. Khanna, rskhanna@immigration.com]
The labor certification is valid, but your friend may not get a GC.  Reason:
  Labor Certification is for a job in future.  But for the GC application,
that job  must be certain to be available right now.  Currently, that is not
the case.  If  6 months (or more time) later, your friend gets rehired by
the old company, he can go ahead and  apply for GC as long as the job he
gets is the same as the job for which Labor  Cert was obtained.

*Q.  Dear Rajiv, a friend of mine, who doesn't have access to the net, is 
     a computer consultant 
           - on an H-1B visa, 
.   - has obtained his labor certification, 
.   - and is about to file his I-140. 

Due to budget constraints at work, his contract with his current client
is soon to be terminated, and he is looking for another project with the 
same client.  If he has to move to another work site in the same state but 
has the same employer, does he have to file for labor cert. again?

A:  [From Rajiv S. Khanna, rskhanna@immigration.com]
If he is within the same Metropolitan Statistical area for which the 
labor cert was done, there should be no problem.  But if he is moving beyond 
that area, even if he is within the same state, he cannot file an I-140 
providing a different job site.  The labor cert would be invalid.

.Do note, however, that the labor cet is for a job in future.  Also, 
according to the law currently, a labor cert once granted is valid indefinitely. 
 Now if your friend is likely to be sent back to the same geographical area in 
future, he can file the I-140 on that basis.  But legally, if he is not posted 
back to the same area after getting his Green Card, his GC could be held to be 
invalid or even fraudulent.

*Q.  What is the statute of limitation on labor certification?
   ( Onece LC is obtained how long is it valid before applying for
    the green card)
A:  [From Rajiv S. Khanna, rskhanna@immigration.com]
    Under the current law, a labor certifiation is valid for ever.

Q. Should I apply for GC together with the H-1B, or after I get the H-1B?
A: [from B.G. Mahesh, mahesh@mahesh.com]
   You can apply for GC with H-1B but it is advisable to wait for about 
   3-6 months after you get H-1B to apply for GC.

Q: If one were waiting for a GC date to become current,  
   after one got one's labor certification AND the 6 year 
   limit on H-1B expires while waiting, will one have to 
   leave the country ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes, unless you are close enough to getting a green card so
   that your adjustment of status application can be filed, so
   that you may get a work permit through pendency of adjustment
   status.



Q. Will my spouse qualify for greencard with me even if she is on a
    non-dependent visa like F1 ?
A: [From Pramod S. Badjate, badjatep@agcs.com]
   Yes. Spouse and Kids qualify for greencard irrespective (except for J1)
   of the type of visa, as long as they are on a valid visa in USA. 
   The type of visa of the spouse/kids does matter. If the spouse/kids
   are on a J-1/J-2 visa with a 2yr HRR, they may not adjust status to
   permanent residency unless
   (1) They have served the HRR
   (2) Or have obtained a waiver of the HRR.

Q: At what point spousal petitions can be attached to the forms 
    I-140/485 ? I-140 part 7 clearly asks for a list of dependents. Can 
    a person file I-140, get married and then petition for his/her spouse 
    on the I-485?
A: [From Shyam Kamadolli, shyam@sun.soe.clarkson.edu]
    I-140 needs spouse/dependants to be mentioned. If you intend to marry a
    particular person at a later date fiancee listings are advised with
    early submission of marriage certificate (once available) is encouraged.
    If you dont mention spose on !140 it has to be resubmitted before 
    I-485 can be filed. This info is from my lawyers.

Q: Will all the GC wait come to a naught in this case , or can 
   one wait for it outside the country ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   You can MOST certainly wait outside the country.
 
Q: When Labor Certification has been recieved, is H-1B still the
   operating visa, or do you fall under some new status ? 
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Mere receipt of labor certification does not change your status.
   You have to apply to the INS for change of status.
    
Q: Can one apply for GC through an employer while on H-1 for 
   another employer?
A: [from Rajiv S. Khanna, rskhanna@immigration.com] 
   Yes.  The labor cert is for a job in future, which is 
   currently available to test the labor market.  It is open 
   for US workers.  The "alien" may only accept it upon receiving 
   his/her permanent residence.  The H-1, however, is for an entirely 
   different job.

Q: If I am working for Company "A" through another Company "B" which has 
  started my labor certification process i.e. Ad in newspaper is done and 
  I am waiting for the Labor Certfication from the Dept. of Labor but in 
  the meantime I got a job offer directly from company "A" and in this 
  case will the labor certification filed by company "B" valid since the 
  job description is same or do I need to start all over again and get a 
  new labor certification ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com] 
  New labor cert will be necessary.

Q: Can an applicant qualify for a GC without going through 
   Labor Certification?
A: [from Jaap Akkerhuis, jaap@tempel.research.att.com 
    and Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]

  To qualify as an outstanding professor or researcher, INS requires
  meeting at least two of six criteria as follows:
 
    (1) Receipt of major prizes or awards for outstanding
        achievement in the academic field.
    (2) Membership in associations requiring outstanding achievements
        for their members.
    (3) Published material in professional publications written by
        others on behalf of the person's work in the academic field.
    (4) Evidence of the person's participation either individually or
        a panel as the judge of work of others in the same or allied
        academic field.
    (5) Evidence of the person's original scientific or scholarly
        research contributions in the academic field.
    (6) Evidence of authorship of scholarly books or articles in
        scholarly journals with international circulation in the
        academic field
 
    In addition, the person must have at least three years of experience 
    in the academic field. Such work while working on an advanced degree 
    is not acceptable unless the person obtained the degree and the person 
    had full responsibility for classes taught or, for research conducted 
    toward the degree, it has been recognized within the academic field as 
    outstanding. Such evidence can be in the form of letter or letters from 
    current or former employers.

    So note that a PhD is not required (I don't have one).

    If you want me to get more technical!!!
    The following classifications do not need labor cetification.
    (1) Section 203(b)(1)(A): Alien of Extraordinary Ability in the sciences,
        arts, business, and athletics.
    (2) Section 203(b)(1)(B): Outstanding Professor/Researcher
    (3) Section 203(b)(1)(C): Certain Multinational Executives.
    (4) Section 203(b)2 A or B: Member of the professions holding an advanced
       degree or an alien of exceptional ability seeking a national interest
       waiver of the job offer and labor certification requirements.

Q: Is a job offer necessary for the above classifications?
A: [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]
   For (1) above, although no job offer is necessary, it is advisable to
   have evidence of pre-arranged employment commitments with an employer
   in the USA or submit other evidence that the alien is seeking to enter
   the USA to continue work in the area of extraordinary ability.

   For (2), a job offer from a University or company is necessary. In
   particular, the letter from the employer must state that the alien
   has been offered a tenure-track faculty position or similar position at
   a University, or a comparable position with a private company engaged in
   research. The alien must be the beneficiary of a petition filed by the
   employer with the INS. In addition, if the employer is a private company,
   the employer must show that they have documented accomplishemnts in the
   academic arena and that they employ atleast 3 people engaged in full-time
   research. Finally, the alien must demonstrate evidence through letters
   from past/present employers that he/she has atleast 3 years of full-time
   experience in the field of outstanding ability. Research or teaching
   performed while studying for an advanced degree may be used as
   experience provided the degree was obtained and the alien had full
   responsibility for the teaching or research and the teaching or research
   was found to be outstanding by recognized experts in the field.

   For (3), job offer is necessary.

   For (4) again no job offer is needed. However, in some instances, if
   the alien is in the USA, offer of employment may be needed to provide
   evidence of financial support.

Q: Where can I get details about the rules and regulations pertaining to
   the employment based immigration classifications?
A: [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]
   Citations from the foreign affairs manual are the best source of
   information. You can find this at the end of the faq.

Q: What is the national interest waiver (NIW)?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    A person may qualify for the waiver of the labor certification and
   job offer requirement if they can show that their work will be in
   the national interest of the USA. This benefit is popularly called
   the national interest waiver.

Q: How does an individual qualify for the national interest waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   A person qualifies for this benefit if he falls within the second
   preference employment based category, namely a person in the
   professions who either holds an advanced degree or is considered
   possessing exceptional ability in the sciences, business or arts.

Q: What are the condtitions that need to be satisfied to be in the
   national interest?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   [Modified by Rajiv S. Khanna, rskhanna@immigration.com]
   There is no formal definition of what constitutes "national interest".
   However INS decisions have established a list of the following
   seven factors that may be deemed to be in the national interest in the USA.

      (1) Improving the U.S. economy.
      (2) Improving the wages and working conditions of U.S. workers.
      (3) Improving the education and training programs for U.S. children and
          underqualified workers.
      (4) Improving health care.
      (5) Providing more affordable housing for young and/or older, poorer U.S.
          residents.
      (6) Improving the environment.
      (7) Obtaining a request from an interested U.S. Govenment agency.

Q: How are the national interest waiver cases adjudicated?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Although the INS states that it will be flexible in determining
   who qualifies for the national interest waiver, it sometimes uses
   more stringent standards when deciding cases filed for people in
   the business and arts than for people in the sciences.

Q: Which fields have the greatest chance of success for the NIW?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   The greatest number of cases granted are in the health and science
   areas.

Q: What supporting documentation must be submitted to demonstrate
   the national interest?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Most of the successful petitions are documented by evidence such as
   a letter from an interested U.S. Government agency, evidence showing
   that the alien's work is funded by the U.S. Government and/or letters
   from distinguished scientists/ professors in the field
   attesting to the importance of the research. Cases involving defense
   related research or energy related research have the greatest success.
*Q:  What form should I file to seek the national interest waiver of the 
    job offer and labor certification requirements?

A:  [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    You need to file the form I-140 (immigrant worker petition)and ETA-750 
    (part B) (special qualifications of the beneficiary) along with a check 
    for the filing fee and the supporting documentation.

*Q: Who files the petition in a national interest waiver case?

A:  [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    The petition can be filed either by the alien worker themseleves, their 
   employer or anyone acting as a representative for the alien. 

*Q: Can I change employers before my GC interview if my I-140 is approved on 
   the grounds of a national interest waiver (NIW)?

A:  [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   If the basis of granting the NIW is the work done while being employed 
   by a specific employer, then the alien worker must intend/continue to 
   work for the employer at the time of the GC interview (in general). 
   It may be possible in some cases to change employers provided the worker's
   job duties and responsibilities will be similar to those while employed 
   with the previous employer and therefore, it is still in the national 
   interest. In all other NIW cases, changing jobs before the GC interview 
   has no consequence at all. 

*Q: What are the recent INS proposals regarding the NIW?

A:  [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   In an attempt to crack down on what it perceives as abuse of the NIW 
   category, the INS proposed adding the following four conditions (in 
   addition to the list of factors deemed to be in the national interest 
   of the USA) to the regulations for this category.

   (1) The alien has atleast two years of experience (not merely experience 
       gained while studying at a University, College or institution of 
       higher learning) in the field intended to be of benefit to the USA.

   (2) There is a genuine need for the skills/experience of the alien. In 
       other words, the alien is not being hired to merely overcome labor 
       shortage in a particular underserved geographical area (which is viewed
       by the INS as benefitting a smaller section of society).

   (3) The alien will play a leading or critical role in the activity/event 
       intended to benefit the USA.

   (4) The prospective benefit to the USA on account of the alien's work must
       be substantial. 

   Although (1)-(4) are merely proposals at this stage, it is advisable for 
   applicants to include satisfactory evidence demonstrating that they meet
   these conditions.

Q. I have filed an application for change of status. I have a
   non-immigrant visa [eg. H-1B] which will expire next week.
   Most likey I will not be called for my GC interview before
   next week. Should I file for an extension of my non-immigrant
   visa [eg. extension of H-1B visa] ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes, you should file for an extension of your visa asap.

Q: What are the various categories of "Preferences" ?
A: [From Allen E. Kaye, India Abroad]

   FAMILY SPONSORED PREFERENCES
   -----------------------------

  First Preference : Unmarried sons and daughters of U.S. citizens.

  2A exempt second preference : spouse and unmarried children of permanent
  residents - exempt from per-country limit.

  2A subject second prefernce : spouses and unmarried children of permanent
  residents - subject to per-country limit.

  Legalization Beneficiaries - spouses and children (even though the marriage 
  took place after the date the petioner was admitted to the U.S. as a 
  permanent resident.

  2B second preference : Unmarried sons and daughters, 21 years of age or 
  older, of permanent residents.

  Third Preference : married sons and daughters of U.S. Citizens.

  Fourth Preference : Brothers and sisters of adult U.S. citizens.

  EMPLOYMENT BASED PREFERENCES
  ----------------------------

  First Preference : Priority workers.

  Second Preference : Professionals holding advanced degrees or persons
                      of exceptional ability.

  Third Preference : Skilled workders and professionals.

  Third Preference : Other workers (unskilled workers).

  Fourth Preference : Certain special immigrants..

  Fourth Preference : Certain religious ministers, professionals and other 
                      religious workers.

  Fifth Preference : Employment creation (investors).

  Fifth Preference : Employment creation (investors in targeted employment 
                     areas)

 
Q: What is the waiting period for such cases [2A category]?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   As of December 1993:
   Appx. 2.5 to 3 years for India.
 
Q: And, I had heard that there was a bill up for vote.  Do you have 
   any information on this?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
    The proposed special noimmigrant "S" visas were never voted 
    on in Congress.  The bill is on the back burner.  

Q: What is the time-frame to get a GC if the spouse is an U.S. citizen?
A: [from B.G. Mahesh, mahesh@mahesh.com]
   You will get a temporary green card as soon as you marry
   a US citizen. After 2 years that card will get a permanent
   GC [You have to prove/show to INS that the marriage is genuine].

Q. Does a parent (green card holder) who has filed for a green card for
   his/her unmarried child who is under 21 years of age, have to file
   another petition if the child turns 21 while waiting for the green card?
A: [from Suresh, sur@hrojr.hr.att.com]
   NO, the petition is automatically moved from category 2A (unmarried
   children under the age of 21) to category 2B (unmarried children over
   the age of 21--I'm not sure if this category includes married children
   also). The 2B category moves much slower than 2A.

Q: Can GC holders sponsor for their parents GC?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   US GC holder can *only* sponsor his/her spouse and unmarried children.

Q: If I gained lawful permanent resident status (LPR) through a 
    previous marriage, can I petition for my current spouse to immigrate 
    to the US based on my LPR?"
A: [From Brandon Nutter, bnutter@silver.ucs.indiana.edu]
   You may NOT file an I-130 (Petition for Alien Relative) for
 
   E. A husband or wife if you gained lawful permanent resident status
      by virtue of a prior marriage to a United States citizen or lawful
      permanent resident unless:
 
     1) a period of five years has elapsed since you became a lawful
        permanent resident; OR
     2) you can establish by clear and convincing evidence that the
        prior marriage (through which you gained your immigrant status) 
        was not entered into for the purpose of evading any provision of 
        the immigration laws; OR
     3) your prior marriage (through which you gained your immigrant
        status) was terminated by the death of your former spouse.
 

Q: What does "current" mean?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   "Current" means there is no waiting involved.  All people 
    qualified for the category in question can immediately apply 
    for adjustment of status (if within U.S.) or an immigrant visa 
    (if outside the U.S.).

Q: What are the benefits/restrictions of a U.S. Permanent Resident?
A: [from Alberto Molina, alberto@cybernet.cse.fau.edu]

- Ability to leave/enter the U.S. at will without the risk of being
  denied entry by an Immigration official at the port of entry.
- Right to apply for government-sponsored financial aid for education.
- Permission to work in any company located in U.S. territory
  regardless of job function, hours/week, etc. except for some
  companies that only hire U.S. citizens.
- Permission to start own business and create own corporation.
- To keep PR, the person must reside in the U.S. for a minimum number
  of days per year (does anybody know what's the limit?)
- Permanent residents can get into welfare if unable to get a job.
- Permanent residents can sponsor spouse and unmarried children to
  obtain PR status.
- Permanent residency can be revoked if the permanent resident gets
  involved in illegal activities. An example is a case that was discussed 
  in this newsgroup where a permanent resident was deported for drug use.
- Permanent residents cannot vote.
- Permanent residents get Social Security benefits when they retire.
  [see the next section regarding SS benefits]

Q: Can I travel abroad?
A: [From Allen E. Kaye, India Abroad, October 21, 1994]
   Yes. You can travel outside the United States. When you travel, you must,

.o take your green card to show INS when you come back
.o keep a record of the dates each time you leave and come back
.o always reenter legally (use the border checkpoint)

Q: Do I have to register with Selective Service?
A: [From Allen E. Kaye, India Abroad, October 21, 1994]
   If you are a male over 17 but under 26, you must register with the Selective
   Service. If you do not register, you may be subject to criminal prosecution.
   If convicted, you could be deported.

Q: Do I have other responsibilities?
A: [From Allen E. Kaye, India Abroad, October 21, 1994]
   Yes. Be sure to,
.o pay taxes you owe
.o report any change of address to INS within 10 days
.o have your children who are permanent residents register within 
          INS within 10 days of turning 14

Q: If I am a permanent resident, can I get public benefits?
A: [From Allen E. Kaye, India Abroad, October 21, 1994]
   You can get many public benefits. These include,
.o most forms of Medicaid
.o food stamps (if you have amnesty as a farm worker)
.o unemployment benefits
.o Supplemental Security Income (SSI) ifyou are 65 or over, blind, 
          or disabled
.o Social Security retirement or disability
.o help with housing costs
.o most federal scholarships and student loans
.o county general assistance

    However, there are some benefits you cannot get for five years after you
    filed your first amnesty application. These are,
.o food stamps (ifyou have amnesty because you came to United States
 .  before Jan 1, 1982)
.o welfare (AFDC)

    Your family members who are U.S. citizens are eligible for all forms 
    of public benefits.

Q: Is it safe to get public benefits?
A: [From Allen E. Kaye, India Abroad, October 21, 1994]
   If you or your family members get public benefit, it will not affect your
   ability to become a citizen. But before you travel, remember - if you 
   depend on public benefits, INS can keep you from reentering the United 
   States.
.Also, your family members who get permission to stay under the "family
   unity" program will have to show that they do not depend on public benefits 
   when they go to get their green card.

Q: Why should I become a U.S. citizen?
A: [From Allen E. Kaye, India Abroad, October 21, 1994]
   If you are a U.S. citizen, you will be able to,
.o get green cards for your spouse and unmarried children without a 
          long wait
.o get green cards for your parents, your married children, and your 
          brothers and sisters
.o vote
.o get a U.S. passport
.o work for the U.S. government or in the other jobs that are closed to
.  non-citizens
.Also, a citizen can't be deported or kept out of the U.S.

Q: Do I need to be a permanent resident to get Social Security benefits?
A: [From Nick Jacobs, njacobs@access.digex.net]
   You do not have to be a permanent resident (or any kind of resident) 
   to get a Social Security retirement benefit. It can be paid to
   a person living outside the US who does not have any kind of
   US visa. The requirement is to have paid a certain amount of
   Social Security tax, in the US, for at least 10 years. Of
   course it is difficult to work legally in the US for as much
   as 10 years without getting a green card. But it is possible,
   and also a person who maintains PR for 10 years, then leaves
   the US and abandons PR status, is eligible for a Social
   Security retirement benefit.

Q: What are the current requirements of your stay in US to be able to 
   retain the Green Card.
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   There is NO guranteed way a person can retain their green card, 
   unless their permanent residence is IN FACT in the U.S.  It is 
   erroneous to think that so long as you keep visiting U.S. every year, 
   you may retain the GC.  Absolutely not true.  As a matter of practice, 
   INS may not catch you, but they can place you in exclusion proceedings 
   (sort of the first step in cancelling a GC when a GC holder is trying to 
   enter the U.S.) when they do suspect that you are actually not living in 
   the U.S.

   If a GC holder is planning to be away from U.S. for an extended period of
   time, it is best to seek permission from the INS in the form of "Reentry
   Permit" (Form I-131).  Even this does not "Guarantee" retention of a GC,
   but it may be the safest thing under most circumstances.

   Because losing a green card is a serious matter, I strongly advise that
   you seek the guidance of competent counsel for you individual case.

*Q. How do I maintain my Green Card if I am travelling abroad for an extended 
period of time.

A. [from Rajiv S. Khanna, rskhanna@immigration.com]
Before I answer that question, let me strongly recommend, in view of 
the seriousness of issues involved, pleases consult competent counsel 
regarding the specific facts of your case.

Overall, the answer is exceedingly complicated.

     As a preliminary matter, please note that a permanent resident
alien has no statutory or other legal guarantee that assures him a
right to return if he is outside the United States.  If he leaves
this country, even on a brief and temporary mission, he may be
unable to return unless he complies with the requirements of the
immigration laws.

     Since 1924, the immigration laws have provided for the
issuance of reentry permits to permanent residents of the United
States who wished to make temporary visits to foreign countries. 
The reentry permit is one of the acceptable documents that may be
presented by aliens seeking to enter the United States. 
Nevertheless, please note, a reentry permit does not infallibly
assure entry into the United States.  At most, it is prima facie
evidence of the bearer's lawful status.  The reentry permit is
equivalent to a visa and thus relieves its rightful holder from
other documentary requirements.  The permit shows that the alien is
returning from a temporary visit abroad.  But the statue emphasizes
that the reentry permit has no other effect under the immigration
laws.

     The basic prerequisite for obtaining a reentry permit is that
the applicant prove that he has been lawfully admitted to the
United States for permanent residence.  It must appear that he has
not abandoned his residence in the United States.  He must
establish also that his application is made in good faith in
connection with a temporary visit abroad.  The regulations provide
that the reentry permit be issued for a two-year period and not be
renewable.  The two-year period runs from the date the permit is
issued and not from the date of the application.

   During the period of its validity the permit can be used for any
number of reentries.  Moreover, the reentry permit will be deemed
unexpired if its holder departs on a continuous trip to the United
States before its expiration.  The permit must be surrendered to
the INS when its validity expires.

     In order for you to maintain your permanent resident status,
it is required that your absence abroad must be temporary.  The
inquiry revolves around whether an alien intended to retain his
permanent residence status by returning to the United States
"within a relatively short period of time." The term "temporary"
will vary with the facts and circumstances of each case; the
intention of the alien, when it can be ascertained, will control. 
Moreover, the intention at the time of departure must be to return
within a relatively short period, fixed by some early event.

     Among the factors ordinarily considered in determining whether
the absence was temporary are the duration of absence, the location
of the alien's family ties, property holdings, and job, and his
intention with respect to the location of his actual home.  The
government is under no obligation to inform him that his absence
will terminate residence.  Although the length of the alien's
absence is not the only factor, a lengthy absence coupled with
establishment of ties abroad may establish abandonment of resident
status.  Another factor that may be considered is whether the
traveler had a definite reason for proceeding abroad temporarily.


     A lengthy absence may, in certain circumstances, be
satisfactorily explained.  Thus, where an alien's absence abroad
was due to his employment by an American company and he maintained
ties in the United States, and where his application to preserve
residence continuity for naturalization purposes had been approved,
the alien's lawful permanent residence status was not lost.
Moreover, loss of naturalized United States citizenship by voting
in a Mexican election during a visit there did not, by itself,
terminate status as a lawful permanent resident of the United
States.

     Some of the factors that have been examined in various decided
cases in this area are:
     A.   Length of residence in the U.S. since becoming a
          permanent resident - generally, the longer you have
          resided in the U.S., the stronger your case;
     B.   ownership of real estate in the U.S.;
     C.   whether or not U.S. income tax returns have been filed
          during the time of absence.  In this regard, please note,
          YOU MUST NOT FILE INCOME TAX RETURNS AS A NON-RESIDENT. 
          Please consult with a CPA or tax professional as to what
          other options exist.
     D.   How many prior reentry permits have been granted to the
          alien;

     I recommend the following specific measures in addition to the
material provided above:
     A.   If you own real estate in the U..S. - do not sell it
          prior to departure;
     B.   Maintain your main savings account in the U.S.
     C.   Continue to maintain your drivers license and all credit
          cards
     D.   Pay U.S. taxes as a resident
     E.   Maintain correspondence with all your friends and family
          in the U.S.
     F.   Keep all your telephone bills showing various calls to
          the U.S.

     This list is not meant to be exhaustive.  The rule of common
sense prevails.

Q. After getting stamped in the passport for employment based immigration,
    how long is an employee required to work with the employer that 
    sponsored the employee for immigration.
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   There is NO prescribed time limit.  There are a couple of considerations 
   that must be borne in mind.  The basis for getting a GC are that you took 
   up a "permanent" position.  If you leave too soon, INS may claim that you 
   did not intend to take the job up on a "permanent" basis.

   "Permanent" does not mean forever.  But it also does not mean that you may 
    leave the day after you get the green card.  Unfortunately, there are no 
    bright line tests in this area.  (Answered 06/24/94 --  Please leave 
    the date in, so people know how recent the answer is.)  It is imeprative 
    that you seek the opinion of competent counsel in this regards.

Q. Please discuss the consequencies, immediately after obtaining 
    immigration (meaning whithin a day or two).
A: [from Rajiv S. Khanna, rskhanna@immigration.com]

    a. If the employee voluntarily quits/leaves the employer.
       You may have a problem.

    b. If the employer fires the employee for performance related reasons.
       You may have a problem.

    c. If the employer fires the employee because of the personality problems.
       You may have a problem.

    d. If the employer lays-off the employee for economic reasons (lack of
       adequate business or resources).
       You may have a problem.

Q. If the employer lays-off the employee to avoid payment of the agreed or 
    the promised salary (as stated on the Labor Certification or the Job Ad.) 
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
    You may have a problem.

Q. Can a Permanent Resident Visa be revoked for any of the above stated 
    reasons?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes

Q. Under what circumstances can a Permanent Resident Visa be revoked.
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Lots of circumstances: criminal convictions being the foremost; 
   abandonement of permanent residence.
 
Q: What should I do if I don't have my birth certificate?
*A: [From Muralidhar Rangaswamy, rangaswamy@plh.af.mil]
   [Modified by Rajiv S. Khanna, rskhanna@immigration.com]
   You should obtain sworn affidavits from two relatives. A sample
   affidavit is provided below.

                        AFFIDAVIT OF BIRTH

   I, (name of relative), solemnly state and affirm as hereunder:

   (1) I presently reside at ___________________________________.
   (2) I am a citizen of _______________________________.
   (3) I was born on ___________________ at________________.
   (4) I am the (state relationship to the person whose birth is being verified)
   (5) I personally know that (name of person) was born on ____________ at _________.
   (6) A request has been made with the proper authorities for (name of person)'s
       birth certificate but the same is unavailable.

                                           ____________________
                                            Signed

.....   Date:________________

.I hereby affirm under the penalty of perjury pursuant to the laws of
the United States of America (28 U.S.C. Section 1746) that the foregoing is
true and correct.

.This affidavit was exceuted on (date) at (Place).

                                           ____________________
                                            Signed

.....   Date:________________

NOTE: The above affidavit does NOT need to be notarized.

Q: Do permanent residents need to apply for a visitors visa to visit Canada?
A: [From Donald S. Cameron, seatlimmig@aol.com]

   Permanent residents of the United States (Green Card holders) are, like
   U.S. Citizens, exempt from the requirement to have a passport or a
   Canadian visitor visa in order to visit Canada.  The Green Card itself is
   sufficient documentation.

   The decision on whether to admit a visitor to Canada is made by an
   Immigration Officer at a Port of Entry to Canada.  This is the case for
   all visitors including those who hold Canadian visitor visas.  The
   Immigration Officer also determines the length of stay.  If a Green Card
   holder is admitted to Canada without any document being issued to him or
   her it means that the GC holder has been admitted to Canada for 6 months.
   A shorter stay than 6 months would be indicated if the GC holder was
   issued a document called a Visitor Record which specifies the length of
   time for which the holder has been admitted to Canada.

   Persons seeking admission to Canada at the land border do not normally
   fill out any forms to apply for admission.  Those arriving by air complete
   only a Customs form.  There is no fee for the admission of a GC holder to
   Canada as a visitor.

   GC holders, like all other persons seeking admission as visitors, can be
   refused admission for a variety of reasons.  The most common one is the
   existance of one or more criminal convictions in the applicant's past.
   The most common criminal conviction is Driving While Intoxicated or
   Driving While Impaired.  These offences fall with the criminal law in
   Canada and even though they are usually regarded a midemeanors in the U.S.
   they are regarded as criminal offences in Canada.
   
   Visitors to Canada may not study or work.  As in the U.S., different types
   of visas or Authorizations are required to study or work.

Q: Doesn't the new adjustment of status provision in the INS Fiscal
   Year 1995 Appropriations Act create another amnesty program
   for illegal immigrants?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   Absolutely not. An individual who entered, worked or remained in the
   U.S. illegally must meet three prequisites if he or she wishes to
   remain in the U.S. while applying for permanent residence.

     1. A relative or employer mush have filed a petition in behalf of 
        of the foreign national making him or her eligible for an 
        immigrant visa.
     2. The immigrant visa must be immediately available to the
        individual at the time the application for permanent residence is
        filed.
     3. In addition to the prescribed fee of $130, the individual
        must agree to pay a monetarty penalty of $650 for previously
        having entered and remained in the U.S. illegally (exception 
        children under 17 and certain family unity aliens).

Q: Why was this provision added to the Appropriations Act?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   It will help reduce the visa issuance workload at U.S. consulates
   offices abroad so that they can devote more time to uncovering fraud
   and other abuses associated with temporary visas to the United States.

Q: Aren't you making it easier for foreign nationals who came here 
    illegally to obtain green cards?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   No, eligibility requrements for a green card and permanent residence
   remain unchanged. Persons who violate the immigration laws and are not
   immediately qualified for permanent residence, as requried by the new 
   provision, remain subject to deportation. If encountered by the INS,
   they will be placed in deportation proceedings, unless they are eligible
   for other relief.

Q: Specifically what types of foreign nationals are affected by this 
    new provision?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   There are siz groups, as of Oct 1 1994, who will have the option
   of obtaining a green card and permanent residence while remaining in the
   United States. They include,
     1. Those who entered U.S. illegally
     2. Individuals employed in the U.S. without authorization
     3. Those who remained in the U.S without maintaining lawful status
     4. Foreign crewmen
     5. Individuals who entered under the Visa Waiver Pilot Program
     6. Those who entered the U.S. as foreign travelers in transit
        without visa.

Q: Is there an estimate of how many such foreign nationals are eligible
    to apply for permanent resident status?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   INS anticipates that, in Fiscal year 1995, approximately 100,000
   such individuals who formerly would have had to go abroad in order
   to obtain an immigrant visa, will now be able to remain in the
   United States and apply for permanent resident status.

Q: Are all aliens in the United States who are out of status now
    eligible to apply for adjustment of status to permanent residence?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   Yes. All aliens who entered the United States without inspection
   or who are not in lawful visa status may apply for adjustment.

Q: Do priority dates still matter? Can aliens, regardless of priority
    dates, now immediately apply for adjustment of status?
A: [From Allen E. Kaye, India Abroad Oct 14, 1994]
   All immigrant applicants (whether applying at INS offices or abroad)
   must have priority dates earlier than any applicable visa cut-off
   dates to be granted a visa or adjustment of status. This has not
   been altered by the recent amendment to the Immigration Act. Under the
   terms of Section 245, INS will not accept an aplication for adjustment
   of status from an applicant in a numerically liited category unless
   a visa number is available for the alien's priority date. All immigrant
   visa applicants will continue to be processed in order of priority date
   whether cases are processed at overseas American Consulates or through INS.

...GC Lottery
...----------

 
INSTRUCTIONS FOR THE 1996 DIVERSITY IMMIGRANT VISA PROGRAM (DV-96)
 
 
The Immigration Act of 1990 provides for an annual diversity immigration
program, making available each year by random selection 55,000 permanent
residence visas in the United States.  Visas are apportioned among six
geographic regions based on immigration rates over the last five years, with
greater number of visas going to regions with lower rates of immigration.
 
Africa includes all countries on the African continent and adjacent islands;
Asia extends from Israel to the northern Pacific Islands, including Indonesia;
Europe extends from Greenland to Russia, including all countries of the
former USSR; North America is Canada and the Bahamas; Oceania includes
Papua New Guinea and all countries and islands of the South Pacific; and
South America, Central America, Mexico, Caribbean includes all the
countries of those areas.
 
ENTRIES MUST BE RECEIVED BETWEEN JANUARY 31, 1995 AND
MARCH 31, 1995.  Entries received before or after those dates will be
disqualified.
 
Q: CAN I ENTER?
You are not eligible to apply if you were _BORN_ in one of the following
countries:
 
        For 1996, the ineligible countries are:  CHINA (Mainland & Taiwan),
 
INDIA, PHILIPPINES, VIETNAM, SOUTH KOREA, UNITED KINGDOM
(except Northern Ireland), CANADA, MEXICO, JAMAICA, EL SALVADOR,
COLOMBIA, and the DOMINICAN REPUBLIC, and their dependent areas.
Natives of Hongkong and Northern Ireland _are eligible_ to enter.
 
If you were born in an ineligible country but your spouse was not, you can
claim your spouse's country of birth instead of your own.  If you were born in
a country where neither of your parents resided at the time, you may be able
to claim one of their countries of birth.
 
Q: DO I MEET THE EDUCATION OR TRAINING REQUIREMENT?
Applicants under the diversity program must have either:
        a high school education or its equivalent; defined as successful
 
completion of 12 years of education comparable to a U.S. high school
degree, or
        two years of work experience within the past five years in an
 
occupation requiring at least two years training or experience;
U.S. Department of Labor definitions will apply.
 
Documentary proof of education or work experience should NOT be
submitted at this time.  It will be required later if your entry is selected.
 
Q: HOW DO I COMPLETE AN ENTRY?
        Only ONE entry may be submitted by or for each applicant during the
registration period.
        Submission of more than one entry will disqualify you.
        There is no special application form.  Simply provide the following
 
information on a plain sheet of paper, typed or clearly printed in the English
alphabet:
=========================================================
ON A PLAIN SHEET OF PAPER INCLUDE:
 
1. APPLICANT'S FULL NAME (LAST NAME SHOULD BE UNDERLINED)
                _Last Name_ , First Name and Middle Name
    EXAMPLE:    _Public_ ,    George         Quincy
 
2. APPLICANT'S DATE AND PLACE OF BIRTH
                Date:   Day, Month, Year
                Place: City/Town; District/County/Province; Country
   EXAMPLE:     15 November 1961
                Munich, Bavaria, Germany
 
3. NAME, DATE AND PLACE OF BIRTH OF APPLICANT'S SPOUSE AND
CHILDREN (IF ANY)
If you are selected, your unmarried children under 21 years of age and your
spouse can also apply for visas.
 
4. APPLICANT'S MAILING ADDRESS
The mailing address must be clear and complete, since that is the address
where the notification and instruction letter for persons selected for
registration will be sent.  A telephone number is optional, but useful.
 
5. APPLICANT'S NATIVE COUNTRY IF DIFFERENT FROM COUNTRY OF
BIRTH
 
There are no other requirements to submit an entry to register.  No signature
is required on the application.
=========================================================
 
Q: WHERE DO I MAIL MY ENTRY?
        Submit your entry by regular mail or air mail to the address matching
the region where you were born.
        Entries will not be accepted by express mail, fax, hand, messenger,
or any means requiring receipts or special handling.
        Envelopes should be business or letter size, between 6 and 10
inches long (15 cm to 25 cm) and between 3 1/2 and 4 1/2 inches wide
(9 cm to 11 cm).
        You must list your country of birth (see STEP ONE), name and
mailing address in the upper left corner of the envelope.
        Failure to comply with these instructions will disqualify your entry.
Complete your envelope following the example below.
        Use the correct postal ZIP code for your region:
 
ASIA                                    AFRICA
DV-96 Program                           DV-96 Program
National Visa Center                    National Visa Center
Portsmouth, NH  00210                   Portsmouth, NH  00213
U.S.A.                                  U.S.A.
 
SOUTH AMERICA/CENTRAL                   OCEANIA
AMERICA/CARIBBEAN
DV-96 Program                           DV-96 Program
National Visa Center                    National Visa Center
Portsmouth, NH  00211                   Portsmouth, NH  00214
U.S.A.                                  U.S.A.
 
EUROPE                                  NORTH AMERICA
DV-96 Program                           DV-96 Program
National Visa Center                    National Visa Center
Portsmouth, NH  00212                   Portsmouth, NH  00215
U.S.A.                                  U.S.A.
 
 
Registrants will be selected at random from among entries received
according to the instructions above.
 
EXAMPLE:
 
<-------------  6" - 10" or 15cm - 25cm  ----------------->
___________________________________________________________
|Your Country of Birth                          | postal  |    /\
|Your Full Name                                 | stamp   |    |
|Your Street Address                            |_here  __|    |
|City, Province, Postal Code                              |    3 1/2" -
|Country of Residence                                     |  -4 1/2"
|                                                         |     or
|               DV-96 Program                             |    9cm -
|               National Visa Center                      |  -11 cm
|               Portsmouth, NH  00_ _ _                   |    |
|               U.S.A.                                    |    |
|_________________________________________________________|   \/
 
Q:HOW WILL I FIND OUT IF I AM SELECTED?
A computer will make a random selection from among all qualified entries in
each geographical region no later than July 1, 1995.  Successful applicants
will be notified by mail, at the mailing address listed on the entry.  Persons
not selected will NOT be notified.  (U.S. embassies and consulates will not
be able to provide a list of successful applicants.)
 
Individuals selected will be registered to apply for immigrant visas, and will
be provided further instructions.  Their spouses and unmarried minor children
can also apply for visas.  Applicants must meet all eligibility requirements
under U.S. law to be issued visas.
 
 
IMPORTANT NOTICE
There is NO fee to enter the DV-96 program.  The use of an outside
intermediary or assistance to prepare a DV-96 entry is entirely at the
applicant's discretion.  Qualified entries received directly from applicants or
through intermediaries have equal chances of being selected.
 

                      US Citizenship
                      --------------

Q: What is the time-frame to get U.S. citizenship if the spouse is
   an U.S. citizen?
A: [from Ashish Nedungadi, ashish@eng.umd.edu]
   The spouse of a US citizen gets a CONDITIONAL green card "immediately"
   after marriage.  After 2 years, the conditionality of this green card
   is removed(after successfully proving to INS that the marriage is
   legitimate).  The spouse is eliglible for his/her citizenship after
   3 years of receiving the CONDITIONAL green card. 
   In a nutshell,
   3 years after obtaining one's green card(including the CONDITIONAL one)

   If you want to get more technical ["technical" may not be
   the right word :-)]
  [from Rajiv S. Khanna, rskhanna@immigration.com]
  (a) Any person whose spouse is a citizen of the United States may by
      naturalized upon compliance with all the requirement of this title 
      except the provisions of paragraph (1) of section 316(a) if such 
      person immediately preceding the date of filing his application for 
      naturalization has resided continuously, after being lawfully admitted 
      for permanent residence, within the United States for at least three 
      years, and during the three years immediately preceding the date of 
      filing his application has been living in marital union with the 
      citizen spouse, who has been a United States citizen during all of 
      such period, and has been physically present in the United States 
      for periods totaling at least half of that time and has resided
      within the State or the district of the Service in the United States 
      in which the applicant filed his application for at least three months.

Q: Who can apply for U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Persons who are 18 years of age or older, who are lawfully 
   admitted permanent resident aliens and who meet certain 
   requirements (see question 3) may apply for citizenship. 
   Aliens who have served in the armed forces of the U.S. are 
   eligible for citizenship under special provisions.

Q: When can I apply for U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Five years from the date of entry as a lawful permanent resident. 
   If married to and living with citizen spouse in marital union for 
   atleast 3 years before filing the application, the residence period 
   is shortened to 3 years. You can file the application 3 months
   before the residence requirement is met. Also, you have to be a 
   resident for 3 months in the state or INS district where you 
   are filing the application.

Q: What are the requirements for U.S. Citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   There are four main requirements that must be met by every applicant.
          (a) Basic literacy in the English language.
          (b) Knowledge of U.S. history.
          (c) Five years of residency in the U.S.
          (d) Good moral character.

Q: Under what conditions can I be denied U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
      (a) If you advocate or if you are a member of any organization 
          that is opposed to organized government (i.e., if you preach 
          and practice anarchy).
      (b) Membership in communist organizations.
      (c) If you advocate the overthrow of the U.S. Government by force, 
          sabotage, violence or terrorism.
      (d) If you publish any material advocating the methods of item (c).
      (e) Exemption from services in the armed forces of the U.S. 
          (unless the alien status does not permit the individual to 
           serve on the armed forces or if the alien had served in the 
           armed forces of his/her own country).
      (f) Desertion from military forces and draft evasion results in 
          permanent ineligibility for citizenship.

Q: Can citizenship once granted be revoked?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You bet. 

Q: Under what conditions can my citizenship be revoked?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   If your behavior is not well disposed to the good order and happiness 
   of the U.S. or if you concealed your wartime activities when applying 
   for visas to enter the U.S. after World War II. Also, for example you do 
   one of the following:
      (a) Refusal to testify before a congressional committee regarding 
          alleged subversive activities within 10 years after becoming a 
          U.S. citizen.
      (b) Establish permanent foreign residence within 1 year after becoming 
          a U.S. citizen
      Note from Rich Wales, richw@mks.com
      This provision was recently repealed, along with the requirement that
      candidates for US citizenship intend to reside permanently in the US.
      The bill, HR 783, was reportedly signed in October.  I don't have the
      Public Law number or a cite to Statutes at Large yet.
      (c) Membership in an outlawed organization within 5 years after becoming 
          a citizen.

   Denaturalization proceedings may be instituted against you for (a)-(c).

REFERENCES:
[1] Nancy-Jo Merritt, "Understanding Immigration Law," Makai Publishing group,
Scottsdale, Arizona, 1993.

Q. Where can I get some information on dual citizenship?
A: [From Rich Wales, richw@mks.com]

  * http://www.mks.com/~richw/dualcit.html

  * Using FTP
     Connect to ftp.mks.com
     get the file /usr/richw/dualcit

  * Using E-Mail
     Send a message to richw@mks.com with the subject "send dualcit".
     The body of the message can be blank, but you must type the subject
     line as indicated.

    -------------------------------------------------------------
    RULES AND REGULATIONS PERTAINING TO THE EMPLOYMENT BASED IMMIGRATION 
    CLASSIFICATIONS
    [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]

   FAM09-42.32(a)  FIRST PREFERENCE - PRIORITY WORKERS
 
     (1)  Entitlement to Status
 
     (TL:VISA-48;   10-1-91)
 
     An alien shall be classifiable as an employment-based first preference
     immigrant under INA 203(b)(1) if the consular office has received from INS
     a Petition for Immigrant Worker approved in accordance with INA 204 to
     accord the alien such preference status, or official notification of such
     an approval, and the consular officer is satisfied that the alien is
     within one of the classes described in INA 203(b)(1).
 
     (2)  Entitlement to Derivative Status
 
     (TL:VISA-48;   10-1-91)
 
     Pursuant to INA 203(d), and whether or not named in the petition, the
     child or spouse of a employment-based first preference immigrant, if not
     otherwise entitled to an immigrant status and the immediate issuance of a
     visa, is entitled to a derivative status corresponding to the
     classification and priority date of the beneficiary of the petition.
 
     RELATED STATUTORY PROVISIONS
 
     INA 203(b), in part
 
     (TL:VISA-55;   3-13-92)
 
     (1)  PRIORITY WORKERS.--Visas shall first be made available in a number
     not to exceed 28.6 percent of such worldwide level, plus any visas not
     required for the classes specified in paragraphs (4) and (5), to qualified
     immigrants who are aliens described in any of the following paragraphs (A)
     through (C):
 
     (A)  ALIENS WITH EXTRAORDINARY ABILITY.--An alien is described in this
     subparagraph if--
 
     (i)  the alien has extraordinary ability in the sciences, arts, education,
     business, or athletics which has been demonstrated by sustained national
     or international acclaim and whose achievements have been recognized in
     the field through extensive documentation,
 
     (ii)  the alien seeks to enter the United States to continue work in the
     area of extraordinary ability, and
 
     (iii)  the alien's entry into the United States will substantially benefit
     prospectively the United States.
 
     (B)  OUTSTANDING PROFESSORS AND RESEARCHERS.--An alien is described in
     this subparagraph if--
 
     (i)  the alien is recognized internationally as outstanding in a specific
     academic area,
 
     (ii)  the alien has at least 3 years of experience in teaching or research
     in the academic area, and
 
     (iii)  the alien seeks to enter the United States--
 
     (I)  for a tenured position (or tenure-track position) within a university
     or institution of higher education to teach in the academic area,
 
     (II)  for a comparable position with a university or institution of higher
     education to conduct research in the area, or
 
     (III)  for a comparable position to conduct research in the area with a
     department, division, or institute of a private employer, if the
     department, division, or institute employs at least 3 persons full-time in
     research activities and has achieved documented accomplishments in an
     academic field.
 
     (C)  CERTAIN MULTINATIONAL EXECUTIVES AND MANAGERS.--An alien is described
     in this subparagraph if the alien, in the 3 years preceding the time of
     the alien's application for classification and admission into the United
     States under this subparagraph, has been employed for at least 1 year by a
     firm or corporation or other legal entity or an affiliate or subsidiary
     thereof and the alien seeks to enter the United States in order to
     continue to render services to the same employer or to a subsidiary or
     affiliate thereof in a capacity that is managerial or executive.
 
     (TL:VISA-48;   10-1-91)
 
     For the provisions of INA 203(d), see section 42.31 (Related Statutory
     Provisions).
 
     -------------------- *** ----------------
     FAM09-42.32(a)  - NOTES  EMPLOYMENT-BASED FIRST PREFERENCE IMMIGRANTS
 
     N1  Defining "Priority Workers" (TL:VISA-54;   2-28-92)
 
     a.  The statute designates the following aliens as "priority workers" who
     may be entitled to status as employment-based first preference applicants:
 
     (1)  Aliens with extraordinary ability [see N1.1 below];
 
     (2)  Outstanding professors and researchers [see N1.2 below]; and
 
     (3)  Certain multinational executives and managers [see N1.3 below].
 
     b.  The Immigration and Naturalization Service must approve petitions in
     all of the above categories.  [See N2 below.]
 
     N1.1  Aliens With Extraordinary Ability (TL:VISA-54;   2-28-92)
 
     To be considered as an alien with extraordinary ability, the alien must
     have sustained national or international acclaim. The alien's
     accomplishments in the field of science, art, education, business or
     athletics must be recognized in the form of extensive documentation. The
     alien must be seeking to enter the United States to continue work in the
     field, and the entry of such alien must substantially benefit
     prospectively the United States.
 
     N1.1-1  Defining "Extraordinary Ability" (TL:VISA-54;   2-28-92)
 
     8 CFR section 204.5(h)(2) defines "extraordinary ability" as follows:
 
     "Extraordinary ability means a level of expertise indicating that the
     individual is one of that small percentage who have risen to the top of
     the field of endeavor."
 
     N1.1-2  Evidence of Extraordinary Ability (TL:VISA-54;   2-28-92)
 
     a.  The  Immigration and Naturalization Service regulations (8 CFR
     204.5(h)(3)) state the documentary evidence that is to be submitted along
     with the petition. Such evidence shall include:
 
     (1)  Evidence of a one-time achievement (that is a major, internationally
     recognized award) or
 
     (2)  At least three of the following:
 
     (a)  Evidence of receipt of a lesser nationally or internationally
     recognized prize or award for excellence in the field of endeavor;
 
 
     (b)  Evidence of membership in associations which require outstanding
     achievements of their members, as judged by recognized experts;
 
     (c)  Published material in professional or major trade publications or
     major media about the alien's work;
 
     (d)  Evidence of participation on a panel, or individually, as a judge of
     the work of others in the field;
 
     (e)  Evidence of original scientific, scholarly, artistic, or
     business-related contributions of major significance;
 
     (f)  Evidence of authorship of scholarly articles in professional journals
     or other major media;
 
     (g)  Evidence of the display of the alien's work in exhibitions or
     showcases;
 
     (h)  Evidence that the alien has performed in a leading or critical role
     for organizations or establishments having a distinguished reputation; and
 
     (i)  Evidence of high salary or high remuneration in relation to others in
     the field; or
 
     (j)  Evidence of commercial successes in the performing arts, as shown by
     box office receipts or record, cassette, compact disk or video sales.
 
     b.  If the above standards do not readily apply, the petitioner may submit
     comparable evidence to establish eligibility.
 
     N1.1-3  Labor Certification/Job Offer (TL:VISA-54;   2-28-92)
 
     Although no offer of employment (including a labor certification) is
     required, the alien must include with the petition  convincing evidence
     that he or she is coming to continue work in the area of expertise.
     Evidence may include letter(s) from prospective employer(s), evidence of
     prearranged commitments, such as contracts, or a statement from the
     beneficiary detailing plans for continuing work in the United States.
 
     N1.2  Outstanding Professors and Researchers (TL:VISA-54;   2-28-92)
 
     An alien may qualify as a priority worker outstanding professor or
     researcher if the alien:
 
     (1)  Is recognized internationally as outstanding in a specific academic
     area;
 
     (2)  Has at least 3 years of experience in teaching or research in the
     academic area; and
 
     (3)  Has the required offer of employment. [See N1.2-3 below.]
 
     N1.2-1  Evidence of Outstanding Achievement (TL:VISA-54;   2-28-92)
 
     The Immigration and Naturalization Service regulations (8 CFR 204.5(h)(3))
     indicate the evidence required in submitting a petition for classification
     as an outstanding professor or researcher. Such evidence shall include
     evidence of international recognition as outstanding in the specific
     academic area. This evidence shall consist of at least two of the
     following:
 
     (1)  Documentation of receipt of major international prizes or awards for
     outstanding achievement in the academic area;
 
     (2)  Documentation of the alien's membership in associations in the
     academic field, which require outstanding achievements of their members;
 
     (3)  Published material in professional publications written by others
     about the alien's work;
 
     (4)  Evidence of participation on a panel, or individually, as the judge
     of the work of others in the same, or an allied, academic field;
 
     (5)  Evidence of original scientific or scholarly research contributions;
     or
 
     (6)  Evidence of authorship of scholarly books or articles (in scholarly
     journals with international circulation) in the academic field.
 
     N1.2-2  Labor Certification/Job Offer (TL:VISA-54;   2-28-92)
 
     Aliens coming to the United States as outstanding researchers or
     professors do not require labor certification. However, such aliens must
     have a letter from a(n):
 
     (1)  U. S. university or institution of higher learning offering the alien
     a tenured or tenure-track teaching or research position in the academic
     field; or
 
     (2)  Department, division, or institute of a private or non-profit
     employer offering the alien a comparable research position in the academic
     field. The department must demonstrate that it employs at least three
     persons full-time in research positions, and that it has achieved
     documented accomplishments in the academic field.
 
     N1.3  Certain Multinational Executives and Managers (TL:VISA-54;2-28-92)
 
     An alien may qualify as a priority worker multinational executive or
     manager if:
 
     (1)  During the 3 year period preceding the time of the alien's
     application for classification and admission into the United States, the
     alien has been employed for at least 1 year by a firm or corporation or
     other legal entity or an affiliate or subsidiary thereof; and
 
     (2)  The alien seeks to enter the United States in order to continue to
     render services to the same employer or to a subsidiary or affiliate
     thereof in a capacity that is managerial or executive.
 
     N1.3-1  Defining "Affiliate" (TL:VISA-54;   2-28-92)
 
     The term "affiliate" as used in this section means:
 
     (1)  One of two subsidiaries both of which are owned and controlled by the
     same parent or individual.
 
     (2)  One of two legal entities entirely owned and controlled by the same
     group of individuals, each individual owning and controlling approximately
     the same share or proportion of each entity; or
 
     (3)  In the case of a partnership that is organized in the United States
     to provide accounting services, along with managerial and/or consulting
     services, and markets its accounting services under an internationally
     recognized name under an agreement with a worldwide coordinating
     organization that is owned and controlled by the member accounting firms,
     a partnership (or similar organization) that is organized outside the
     United States to provide accounting services shall be considered to be an
     affiliate of the U. S. partnership if it markets its accounting services
     under the same internationally recognized name under the agreement with
     the worldwide coordinating organization of which the U. S. partnership is
     also a member.
 
     N1.3-2  Defining "Doing Business" (TL:VISA-54;   2-28-92)
 
     "Doing business" means the regular, systematic, and continuous provision
     of goods and/or services by a firm, corporation, or other entity and does
     not include the mere presence of an agent or office.
 
     N1.3-3  Defining "Executive Capacity" (TL:VISA-54;   2-28-92)
 
     The term "executive capacity" as defined in INA 101(a)(44)(B) of the
     Immigration and Nationality Act, means an assignment within an
     organization in which the employee primarily:
 
 
     (1)  Directs the management of the organization or a major component or
     function of the organization;
 
     (2)  Establishes the goals and policies of the organization, component, or
     function;
 
     (3)  Exercises wide latitude in discretionary decision-making; and
 
     (4)  Receives only general supervision or direction from higher level
     executives, the board of directors, or stockholders of the organization.
 
     N1.3-4  Defining "Managerial Capacity" (TL:VISA-54;   2-28-92)
 
     a.  "Managerial capacity" as defined in INA 101(a)(44)(A) means an
     assignment within an organization in which the employee primarily:
 
     (1)  Manages the organization, or a department, subdivision, function, or
     component of the organization;
 
     (2)  Supervises and controls the work of other supervisory, professional,
     or managerial employees, or manages an essential function within the
     organization, or a department or subdivision of the organization;
 
     (3)  If another employee or other employees are directly supervised, has
     the authority to hire and fire or recommend those as well as other
     personnel actions (such as promotion and leave authorization) or, if no
     other employee is directly supervised, functions at a senior level within
     the organization hierarchy or with respect to the function managed; and
 
     (4)  Exercises discretion over the day-to-day operations of the activity
     or function for which the employee has authority.
 
     b.  A first-line supervisor is not considered to be acting in a managerial
     capacity merely by virtue of supervisory responsibilities unless the
     employees supervised are professional.
 
     N1.3-5  Defining "Multinational" (TL:VISA-54;   2-28-92)
 
     "Multinational" means that the qualifying entity, or its affiliate or
     subsidiary conducts business in two or more countries, one of which is the
     United States.
 
     N1.3-6  Defining "Subsidiary" (TL:VISA-54;   2-28-92)
 
     "Subsidiary" is defined as a firm, corporation, or other legal entity of
     which a parent owns, directly or indirectly, 50 percent of a 50-50 joint
     venture and has equal control and veto power over the entity; or owns,
     directly or indirectly, less than half of the entity, but in fact controls
     the entity.
 
     N1.3-6  Labor Certification/Job Offer (TL:VISA-54;   2-28-92)
 
     No labor certification is required for aliens in this classification.
     However, the prospective U.S. employer must furnish a job offer in the
     form of a statement which indicates that the alien will be employed in the
     United States in a managerial or executive capacity. The letter must
     clearly describe the duties to be performed.
 
     N2  Petitions (TL:VISA-54;   2-28-92)
 
     Aliens of extraordinary ability may file petitions with the Immigration
     and Naturalization Service on their own behalf. Other employer-sponsored
     immigrants must be beneficiaries of approved petitions filed by the
     employer.
 
     N3  Spouse and Children (TL:VISA-54;   2-28-92)
 
     The spouse, or the child of a marriage which existed at the time of the
     principal alien's admission into the United States, is entitled to
     derivative status and may  accompany or follow to join the principal
     applicant. A spouse or child acquired subsequent to the principal alien's
     admission is not entitled to derivative status.
 
 
   -------------- ************** --------------
   FAM09-42.32(b)  SECOND PREFERENCE - PROFESSIONALS WITH ADVANCED DEGREES OR
     PERSONS OF EXCEPTIONAL ABILITY
 
     (1)  Entitlement to Status
 
     (TL:VISA-48;   10-1-91)
 
     An alien shall be classifiable as an employment-based second preference
     immigrant under INA 203(b)(2) if the consular officer has received from
     INS a Petition for Immigrant Worker approved in accordance with INA 204 to
     accord the alien such preference status, or official notification of such
     an approval, and the consular officer is satisfied that the alien is
     within one of the classes described in INA 203(b)(2).
 
     (2)  Entitlement to Derivative Status
 
     (TL:VISA-48;   10-1-91)
 
     Pursuant to INA 203(d), and whether or not named in the petition, the
     child or spouse of a employment-based second preference immigrant, if not
     otherwise entitled to an immigrant status and the immediate issuance of a
     visa, is entitled to a derivative status corresponding to the
     classification and priority date of the beneficiary of the petition.
 
     RELATED STATUTORY PROVISIONS
 
     INA 203(b), in part
 
     (TL:VISA-55;   3-13-92)
 
     (2)  ALIENS WHO ARE MEMBERS OF THE PROFESSIONS HOLDING ADVANCED DEGREES OR
     ALIENS OF EXCEPTIONAL ABILITY.--
 
     (A)  IN GENERAL.--Visas shall be made available, in a number not to exceed
     28.6 percent of such worldwide level, plus any visas not required for the
     classes specified in paragraph (1), to qualified immigrants who are
     members of the professions holding advanced degrees or their equivalent or
     who because of their exceptional ability in the sciences, arts, or
     business, will substantially benefit prospectively the national economy,
     cultural or educational interests, or welfare of the United States, and
     whose services in the sciences, arts, professions, or business are sought
     by an employer in the United States.
 
     (B)  WAIVER OF JOB OFFER.--The Attorney General may, when he deems it to
     be in the national interest, waive the requirement of subparagraph (A)
     that an alien's services in the sciences, arts, professions, or business
     be sought by an employer in the United States.
 
 
     (C)  DETERMINATION OF EXCEPTIONAL ABILITY.--In determining under
     subparagraph (A) whether an immigrant has exceptional ability, the
     possession of a degree, diploma, certificate, or similar award from a
     college, university, school, or other institution of learning or a license
     to practice or certification for a particular profession or occupation
     shall not by itself be considered sufficient evidence of such exceptional
     ability.
 
     (TL:VISA-48;   10-1-91)
 
     For the provisions of INA 203(d), see section 42.31 (Related Statutory
     Provisions).
 
     ----------------------------------------------------------------------
 
 
     FAM09-42.32(b)  - NOTES  EMPLOYMENT-BASED SECOND PREFERENCE IMMIGRANTS
 
     N1  Professionals Holding Advanced Degrees (TL:VISA-54;   2-28-92)
 
     An alien may qualify as an employment-based second preference immigrant if
     the alien is a member of the professions holding an advanced degree or the
     equivalent. The alien must be the beneficiary of a petition approved by
     the Immigration and Naturalization Service. [See N4 below.]
 
     N1.1  Definitions
 
     N1.1-1  Defining "Advanced Degree" (TL:VISA-54;   2-28-92)
 
     "Advanced degree" means any U.S. academic or professional degree (or
     foreign equivalent degree) above that of baccalaureate.
 
     N1.1-2  Master's Degree Equivalent (TL:VISA-54;   2-28-92)
 
     The conference committee report (H.R. Rep. No. 101-955) states that a
     bachelor degree plus five years of progressive experience in the
     professions should be considered as the equivalent of a master's degree.
 
     N1.1-3  Doctorate Degree Equivalent (TL:VISA-54;   2-28-92)
 
     Although the Immigration and Naturalization Service (INS) will not
     evaluate the equivalence of education and experience to a doctorate, if a
     doctorate (or a foreign equivalent degree) is normally required by the
     specialty, the alien must possess such a degree.
 
     N1.1-4  Defining "Profession " (TL:VISA-54;   2-28-92)
 
     INA 101(a)(32) defines "profession" as including but not limited to
     architects, engineers, lawyers, physicians, surgeons, and teachers in
     elementary or secondary schools, colleges, academies, or seminaries. INS
     regulations also include any occupation for which a U.S. baccalaureate
     degree (or foreign equivalent) is the minimum requirement for entry into
     the occupation.
 
     N1.2  Determining Professional Status (TL:VISA-54;   2-28-92)
 
     Evidence to establish an alien as a member of the professions holding an
     advanced degree should be in the form of the following:
 
     (1)  An official academic record showing possession of an advanced degree
     (or foreign equivalent); or
 
     (2)  An official academic record showing possession of a baccalaureate
     degree (or foreign equivalent) and a letter from current or former
     employer(s) showing at least five years of progressive post-baccalaureate
     experience in the specialty.
 
     N2  Aliens of Exceptional Ability (TL:VISA-54;   2-28-92)
 
     An alien may qualify as an employment based-second preference immigrant if
     the alien has exceptional ability in the sciences, arts, or business,
     which will substantially benefit prospectively the national economy,
     cultural or educational interests, or welfare of the United States, and
     the alien's services in the sciences, arts, or business are sought by an
     employer in the United States.
 
     N2.1  Determining Exceptional Ability (TL:VISA-54;   2-28-92)
 
     a.  The possession of a degree, diploma, certificate, or similar award
     from a college, university, school, or other institution of learning; or a
     license to practice, or certification for a particular profession or
     occupation, shall not by itself be considered sufficient evidence of such
     exceptional ability.
 
     b.  "Exceptional ability" has been defined as something more than what is
     usual, ordinary, or common, and requires some rare or unusual talent, or
     unique or extraordinary ability in a calling which, of itself, requires
     that talent or skill. Individuals must have attained a status in their
     field wherein contemporaries recognize exceptional ability.
 
     c.  To establish evidence of exceptional ability, the petition must be
     accompanied by at least 3 of the following:
 
     (1)  An official academic record showing a degree, diploma, certificate,
     or similar award from a college, university, school, or other institution
     of learning relating to the area of exceptional ability;
 
     (2)  Letter(s) from current or former employer(s) showing evidence the
     alien has at least ten years of full-time experience in the occupation;
 
     (3)  A license to practice the profession or certification for a
     particular profession or occupation;
 
     (4)  Evidence that the alien has commanded a salary, or other remuneration
     for services, which demonstrates exceptional ability;
 
     (5)  Evidence of membership in professional associations; or
 
     (6)  Evidence of recognition for achievements and significant
     contributions to the industry or field by peers, governmental entities, or
     professional or business organizations.
 
     d.  If the above standards do not readily apply the petitioner may submit
     comparable evidence to establish the beneficiary's eligibility.
 
     N3  Labor Certification/Job Offer (TL:VISA-54;   2-28-92)
 
     a.  Although a labor certification is required for the second preference
     category, the Attorney General may, when he deems it to be in the national
     interest, waive the requirement that an alien's services in the sciences,
     arts, or business be sought by an employer in the United States.
 
     b.  The Department of Labor has stated that if there is no employer, there
     is no basis for issuing a labor certification. There may be, therefore,
     some valid petitions for employer-based second preference that do not have
     an underlying labor certification.
 
     N4  Petitions (TL:VISA-54;   2-28-92)
 
     Any U.S. employer may file a petition for classification of an alien under
     INA 203(b)(2) as an alien who is a member of the professions holding an
     advanced degree or an alien of exceptional ability in the sciences, arts,
     or business. If an alien is claiming exceptional ability and seeking an
     exemption from the job offer requirement under INA 203(b)(2)(B), then the
     alien, or anyone on the alien's behalf, may file the petition.
 
     N5  Spouse and Children (TL:VISA-54;   2-28-92)
 
     The spouse, or the child of a marriage which existed at the time of the
     principal alien's admission into the United States, is entitled to
     derivative status and may  accompany or follow to join the principal
     applicant. A spouse or child acquired subsequent to the principal alien's
     admission is not entitled to derivative status.
 
 
      -------------------------------------------------------------------
 
     FAM09-42.32(c)  THIRD PREFERENCE - SKILLED WORKERS, PROFESSIONALS, OTHER
     WORKERS
 
     (1)  Entitlement to Status
 
     (TL:VISA-48;   10-1-91)
 
     An alien shall be classifiable as an employment-based third preference
     immigrant under INA 203(b)(3) if the consular officer has received from
     INS a Petition for Immigrant Worker approved in accordance with INA 204 to
     accord the alien such preference status, or official notification of such
     an approval, and the consular officer is satisfied that the alien is
     within the class described in INA 203(b)(3).
 
     (2)  Entitlement to Derivative Status
 
     (TL:VISA-48;   10-1-91)
 
     Pursuant to INA 203(d), and whether or not named in the petition, the
     child or spouse of a employment-based third preference immigrant, if not
     otherwise entitled to an immigrant status and the immediate issuance of a
     visa, is entitled to a derivative status corresponding to the
     classification and priority date of the beneficiary of the petition.
 
     RELATED STATUTORY PROVISIONS
 
     INA 203(b), in part
 
     (TL:VISA-55;   3-13-92)
 
     (3)  SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS.--
 
     (A)  IN GENERAL.--Visas shall be made available, in a number not to exceed
     28.6 percent of such worldwide level, plus any visas not required for the
     classes specified in paragraphs (1) and (2), to the following classes of
     aliens who are not described in paragraph (2):
 
     (i)  SKILLED WORKERS.--Qualified immigrants who are capable, at the time
     of petitioning for classification under this paragraph, of performing
     skilled labor (requiring at least 2 years training or experience), not of
     a temporary or seasonal nature, for which qualified workers are not
     available in the United States.
 
     (ii)  PROFESSIONALS.--Qualified immigrants who hold baccalaureate degrees
     and who are members of the professions.
 
     (iii)  OTHER WORKERS.--Other qualified immigrants who are capable, at the
     time of petitioning for classification under this paragraph, of performing
     unskilled labor, not of a temporary or seasonal nature, for which
     qualified workers are not available in the United States.
 
     (B)  LIMITATION ON OTHER WORKERS.--Not more than 10,000 of the visas made
     available under this paragraph in any fiscal year may be available for
     qualified immigrants described in subparagraph (A)(iii).
 
     (C)  LABOR CERTIFICATION REQUIRED.--An immigrant visa may not be issued to
     an immigrant under subparagraph (A) until the consular officer is in
     receipt of a determination made by the Secretary of Labor pursuant to the
     provisions of section 212(a)(5)(A).
 
     (TL:VISA-48;   10-1-91)
 
     For the provisions of INA 203(d), see section 42.31 (Related Statutory
     Provisions).
 
     -------------------------------------------------------------------
 
     FAM09-42.32(c)  - NOTES  EMPLOYMENT-BASED THIRD PREFERENCE IMMIGRANTS
 
     N1  Defining "Skilled Worker" (TL:VISA-54;   2-28-92)
 
     INS regulations define a "skilled worker" as one who, at the time of
     petitioning, is capable of performing skilled labor, requiring at least 2
     years training or experience, not of a temporary or seasonal nature, and
     for which there are no qualified workers available in the United States.
     Relevant post-secondary education may be considered as training for the
     purposes of this provision.
 
     N2  Defining "Profession" (TL:VISA-54;   2-28-92)
 
     INA 101(a)(32) defines "profession" as including, "but not limited to,
     architects, engineers, lawyers, physicians, surgeons, and teachers in
     elementary or secondary schools, colleges, academies, or seminaries." INS
     has also held that an occupation may generally be considered to be a
     "profession" within the meaning of INA 101(a)(32) if the attainment of a
     baccalaureate degree is usually the minimum requirement for entry into
     that occupation.
 
     N3  Defining "Other Worker" (TL:VISA-54;   2-28-92)
 
     INS regulations define "other worker" to mean a qualified alien capable,
     at the time of petitioning, of performing unskilled labor, requiring less
     than two years training, not of a temporary or seasonal nature, and for
     which there are no qualified workers available in the United States.
 
     N4  Labor Certification/Petition Requirement (TL:VISA-54;   2-28-92)
 
     The consular officer shall not issue an immigrant visa to any third
     preference employment-based immigrant until the consular officer is in
     receipt of an approved petition accompanied by a labor certification
     granted by the Department of Labor, evidence that the alien's occupation
     is on the Department of Labor's Schedule A or evidence to establish that
     the alien qualifies for one of the shortage occupations in the Department
     of Labor's Labor Market Information Pilot Program.
 
     N5  Significance of Approved Preference Petition (TL:VISA-54;   2-28-92)
 
     A certification under INA 212(a)(5)(A) is included in the approval of the
     preference petition. The Immigration and Naturalization Service is
     responsible for determining the eligibility of an alien for preference
     immigrant status. Consular officers shall not readjudicate the petition,
     but rather shall review the petition to determine whether:
 
     (1)  The supporting evidence is consistent with the approval;
 
     (2)  There was any misrepresentation of a material fact; and
 
     (3)  The alien meets the requirements of the employment offered.
 
     N6  Spouse and Children (TL:VISA-54;   2-28-92)
 
     The spouse, or the child of a marriage which existed at the time of the
     principal alien's admission into the United States, is entitled to
     derivative status and may  accompany or follow to join the principal
     applicant. A spouse or child acquired subsequent to the principal alien's
     admission is not entitled to derivative status.
 
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Rajiv S. Khanna                         Voice: (202) 466-2113
LAW OFFICES OF RAJIV S. KHANNA  Email: rskhanna@immigration.com  
1129 20th Street, NW, Suite 400        rskhanna@businesslaw.com
Washington, DC 20036-3403       Home Page: http://www.immigration.com 

-- 
Rajiv S. Khanna                         Voice: (202) 466-2113
LAW OFFICES OF RAJIV S. KHANNA  Email: rskhanna@immigration.com  
1129 20th Street, NW, Suite 400        rskhanna@businesslaw.com
Washington, DC 20036-3403       Home Page: http://www.immigration.com 
