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§ 274a.12 Classes of aliens authorized to accept employment. (a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6) – (a)(8), (a)(10) – (a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S. Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien’s authorization to work in the United States. (1) An alien who is a lawful permanent resident (with or without conditions pursuant to section 216 of the Act), as evidenced by Form I-551 issued by the Service. An expiration date on the Form I-551 reflects only that the card must be renewed, not that the bearer’s work authorization has expired; (2) An alien admitted to the United States as a lawful temporary resident pursuant to sections 245A or 210 of the Act, as evidenced by an employment authorization document issued by the Service; (3) An alien admitted to the United States as a refugee pursuant to section 207 of the Act for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (4) An alien paroled into the United States as a refugee for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (5) An alien granted asylum under section 208 of the Act for the period of time in that status, as evidenced by an employment authorization document, issued by USCIS to the alien. An expiration date on the employment authorization document issued by USCIS reflects only that the document must be renewed, and not that the bearer’s work authorization has expired. Evidence of employment authorization shall be granted in increments not exceeding 5 years for the period of time the alien remains in that status. (6) An alien admitted to the United States as a nonimmigrant fiancé or fiancée pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service; (7) An alien admitted as a parent (N-8) or dependent child (N-9) of an alien granted permanent residence under section 101(a)(27)(I) of the Act, as evidenced by an employment authorization document issued by the Service; (8) An alien admitted to the United States as a nonimmigrant pursuant to the Compact of Free Association between the United States and of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau; (9) Any alien admitted as a nonimmigrant spouse pursuant to section 101(a)(15)(K)(ii) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document, with an expiration date issued by the Service; (10) An alien granted withholding of deportation or removal for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (11) An alien whose enforced departure from the United States has been deferred in accordance with a directive from the President of the United States to the Secretary. Employment is authorized for the period of time and under the conditions established by the Secretary pursuant to the Presidential directive; (12) An alien granted Temporary Protected Status under section 244 of the Act for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (13) An alien granted voluntary departure by the Attorney General under the Family Unity Program established by section 301 of the Immigration Act of 1990, as evidenced by an employment authorization document issued by the Service; (14) An alien granted Family Unity benefits under section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments, Public Law 106-554, and the provisions of 8 CFR part 245a, Subpart C of this chapter, as evidenced by an employment authorization document issued by the Service; (15) Any alien in V nonimmigrant status as defined in section 101(a)(15)(V) of the Act and 8 CFR 214.15. (16) Any alien in T-1 nonimmigrant status, pursuant to 8 CFR 214.11, for the period in that status, as evidenced by an employment authorization document issued by USCIS to the alien. (17)-(18) [Reserved] (19) Any alien in U-1 nonimmigrant status, pursuant to 8 CFR 214.14, for the period of time in that status, as evidenced by an employment authorization document issued by USCIS to the alien. (20) Any alien in U-2, U-3, U-4, or U-5 nonimmigrant status, pursuant to 8 CFR 214.14, for the period of time in that status, as evidenced by an employment authorization document issued by USCIS to the alien. (b) Aliens authorized for employment with a specific employer incident to status or parole. The following classes of aliens are authorized to be employed in the United States by the specific employer and subject to any restrictions described in the section(s) of this chapter indicated as a condition of their parole or of their admission in, or subsequent change to, the designated nonimmigrant classification. An alien in one of these classes is not issued an employment authorization document by DHS: (1) A foreign government official (A-1 or A-2), pursuant to § 214.2(a) of this chapter. An alien in this status may be employed only by the foreign government entity; (2) An employee of a foreign government official (A-3), pursuant to § 214.2(a) of this chapter. An alien in this status may be employed only by the foreign government official; (3)
(c) Alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 1151(b) of this title or a special immigrant described in section 1101(a)(27)(H), (I), (J), or (K) of this title) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 1182(d)(4)(C) of this title; (4) an alien (other than an immediate relative as defined in section 1151(b) of this title) who was admitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title; (5) an alien who was admitted as a nonimmigrant described in section 1101(a)(15)(S) of this title, (6) an alien who is deportable under section 1227(a)(4)(B) of this title; (7) any alien who seeks adjustment of status to that of an immigrant under section 1153(b) of this title and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 1324a(h)(3) of this title, or who has otherwise violated the terms of a nonimmigrant visa. – INA 245(c) / Title 8-ALIENS AND NATIONALITY CHAPTER 12-IMMIGRATION AND NATIONALITY SUBCHAPTER II (Link to Full) These bars apply not only to unauthorized employment since an applicant’s most recent entry but also to unauthorized employment during any previous periods of stay in the United States. Employment-based applicants also may be eligible for exemption from this bar under INA 245(k). An applicant employed while his or her adjustment application is pending final adjudication must maintain USCIS employment authorization and comply with the terms and conditions of that authorization. The filing of an adjustment application itself does not authorize employment. OTHER LINKS https://web.archive.org/web/20160607145933/https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter6.html USCIS POLICY MANUAL Volume 7 Chapter 6 – Unauthorized Employment https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255&num=0&edition=prelim My Attorney USA
If you file Form I-485, Application to Register Permanent Residence or Adjust Status, you typically must undergo an immigration medical examination and receive vaccinations against vaccine-preventable diseases. The examination must be done by a doctor who is designated by U.S. Citizenship and Immigration Services. USCIS designates certain doctors (known as civil surgeons) to perform the immigration medical examination required for most green card applicants. The civil surgeon that conducts your medical examination and review of your vaccination records will then prepare a Form I-693 which will serve as evidence of your compliance with this requirement. A NEW USCIS POLICY requires that an applicant for permanent residency submit a completed Form I-693 WITH their Form I-485 application for adjustment of status or the application will be rejected. WHO CAN PERFORM AN IMMIGRATION MEDICAL EXAMINATION AND COMPLETE THE FORM I-693? Immigration medical examinations conducted inside the United States must be performed by a civil surgeon who has been designated by USCIS. (Immigration medical examinations conducted outside the United States must be performed by a panel physician who is authorized by the Department of State.). For more information on immigration medical examination, see Form I-693, Report of Medial Examination and Vaccination Record and USCIS Policy Manual Guidance on Health- Related Grounds of Inadmissibility. HOW CAN I FIND A CIVIL SURGEON IN MY AREA to PERFORM THE MEDICAL EXAMINATION AND COMLETE THE FORM I-693? USCIS has a excellent tool on their website which allows you to search for civil surgeons by location and language spoken, so you can find a designated civil surgeon to complete your medical examination who is not only close to you but speaks your language. Further, you can narrow your search down by gender. This is a really great feature they added as it makes the unpleasant task of going to the doctor much more comfortable when you can pick a doctor in your neighborhood who you can communicate with easily…it’s a trip to the amusement park but it makes the process less uncomfortable. To find a designate civil surgeon in your area use the tool on the top of this webpage. What Exactly is the Examination? The immigration medical examination entails a review of your medical history and a physical examination. The civil surgeon will review your medical history and then perform a basic physical examination. As part of the physical examination the civil surgeon will test for communicable diseases such as tuberculosis, syphilis, and gonorrhea, depending on age, as required by the Centers for Disease Control and Prevention (CDC). After the immigration medical examination, the civil surgeon will complete the Form I-693 and seal the form in an envelope for you to submit to USCIS. They usually stamp the envelope across the fold to ensure the seal is not broken before it is submitted to USCIS. Be careful with the sealed envelope and before you leave the office ensure that it is completely sealed shut. USCIS will not accept the form if the envelope has been opened or altered. It is strongly recommended that you ask the civil surgeon for an extra copy of the completed Form I-693 for your personal records before the civil surgeon seals the original in the envelope. You can review that copy prior to submitting the sealed envelope, so if you notice the civil surgeon made any mistakes (spelling of your name, date of birth, etc.) you can go have it corrected so it will not delay your application. You can find all the details about the Form I-693 on the USCIS website at uscis.gov/i-693. WHAT TO BRING TO YOUR EXAMINATION Bring the following to your medical examination: Vaccination Requirements These Questions and Answers provide basic information about the general vaccination requirements for immigrants (this page does not address the vaccination assessments conducted by panel physicians overseas). For refugees applying for adjustment of status, health department physicians may complete only the vaccination record portion of Form I-693, Report of Medical Examination and Vaccination Record, as blanket-designated civil surgeons. WHAT VACCINATIONS AM I REQUIRED TO GET? Under the immigration laws of the United States, a noncitizen who applies for an immigrant visa abroad, or who seeks to adjust status to that of a lawful permanent resident while in the United States, is required to receive vaccinations to prevent the following diseases: NOTE: If a noncitizen applies for an immigrant visa abroad, that individual has to undergo an immigration medical examination conducted by a panel physician authorized by the U.S. Department of State (DOS). CDC issues separate instructions to panel physicians designated by DOS to conduct immigration medical examinations abroad. For more information about panel physicians, please consult CDC’s and DOS’s websites: Technical Instructions for Panel Physicians | CDC & Medical Examinations FAQs (state.gov). CDC publishes the vaccination requirements and immigration medical examination instructions (including a detailed table listing all required vaccines) at www.cdc.gov/immigrant-refugee-health/hcp/civil-surgeons/index.html. WILL IMMIGRATION FORCE ME TO GET ALL OF THESE VACCINATIONS? No. No Government agency will force you to get any vaccinations. It is your decision whether or not you wish to get vaccinated, however, should you choose not to get the required vaccinations then you will not be admitted to the US as a legal permanent resident–your application will be denied. HOW CAN MY APPLICATION BE DENIED BECAUSE OF VACCINATION RECORDS? Under the Immigration and Nationality Act (INA) section 212(a)(1)(A)(ii), a noncitizen who seeks admission as an immigrant or who seeks adjustment of status to that of a lawful permanent resident, who fails to show proof that they were vaccinated against vaccine-preventable diseases, is inadmissible and therefore ineligible for admission or adjustment of status. LEGAL AUTHORITY FOR IMMIGRATION VACCINATION REQUIREMENTS The legal foundation for this authority is found in Title 8: Aliens and Nationality and Title 42: The Public Health and Welfare of the U.S. Code (USC), and relevant supporting regulations at Title 42 Public Health in the Code of Federal Regulations (CFR). Title 8 of the U.S. Code: Aliens and Nationality Title 42 of the U.S. Code: The Public Health and Welfare Title 42 of the
Civics Practice Test (English) Tarjetas de Educación Cívica para el Examen de Naturalización (Tarjetas de Educación Cívica para el Examen de Naturalización) 100 Civics Questions and Answers (Spanish) (DOCX, 104.84 KB) 100 Preguntas y Respuestas de Educación Cívica Preparing for the Naturalization Test: A Pocket Study Guide (Spanish) Civics Practice Test (Spanish) Reading & Writing Test Writing Vocabulary Flash Cards for the Naturalization Test (PDF, 1014.08 KB) Easy-to-use flash cards containing vocabulary words to help study for the English writing portion of the naturalization test. Reading Test Vocabulary List for the Naturalization Test (PDF, 184.75 KB) Official list of vocabulary for the English reading portion of the naturalization test. Writing Test Vocabulary List for the Naturalization Test (PDF, 181.5 KB) Official list of vocabulary for the English writing portion of the naturalization test. Reading Test Vocabulary List for the Naturalization Test (large print) (PDF, 130.53 KB) Official list of vocabulary for the English reading portion of the naturalization test. Writing Test Vocabulary List for the Naturalization Test (large print) (PDF, 126.91 KB) Official list of vocabulary for the English writing portion of the naturalization test. Vocabulary for the Naturalization Interview: Self-Test 1 This reading activity has words and phrases that you may read on the Application for Naturalization, Form N-400, or hear during the naturalization interview. Teacher Guide (PDF, 130.88 KB) Vocabulary for the Naturalization Interview: Self-Test 2 This reading and listening activity has words and phrases that you may read on the Application for Naturalization, Form N-400, or hear during the naturalization interview. Teacher Guide (PDF, 133.38 KB)
On August 19, 2024 USCIS will begin accepting Applications for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens using a new electronic Form I-131F. USCIS has published webpages with additional information about these processes: Filing Guide for Form I-131F & Keeping Families Together webpage. USCIS has also updated the Key Questions and Answers about the process on the Keeping Families Together webpage. More information about Keeping Families Together will be made available in a Federal Register notice in the coming days.Form I-131F will only be available to file online. Each requestor, including minors, must file a separate Form I-131F, and each requestor must have their own USCIS online account, including minors. Information on creating a USCIS online account is available on the How to Create a USCIS Online Account webpage. There is no paper form for this process.
July 18, 2024, USCIS published a Policy Alert (PA-2024-21), with information about changes made to the USCIS Policy Manual in regards to the agency’s interpretation of Acquired Citizenship provisions for children. HIGHLIGHTS Summary of Changes Affected Section: Volume 12 > Part H > Chapter 1, Purpose and Background SOURCE: Volume 12: Citizenship and Naturalization, Part H, Children of U.S. Citizens [12 USCIS-PM H] (Chapters 1-6).
Standard Filing Fee: $760Standard Online Filing Fee: $710 Fee Waiver ($0)Applicants with household income below 150% Federal Poverty Guidelines, currently receive a means-tested benefit, or experiencing an extreme financial hardship Requesting Reduced Fee: Under the prior regulation, request for a reduced fee for naturalization had to be submitted on a separate Form I-942. That form is no longer used for a reduced fee request. As of April 1, 2024, the N-400 Application for Naturalization has been revised and includes a question in Part 10 which will initiate a request for fee reduction. Note that if an applicant is seeking a full fee waiver, then they should not also apply for a fee reduction. The fee waiver can be applied for with Form I-912, Request for Fee Waiver. Means Tested Benefit: A naturalization applicant can demonstrate that they are unable to pay the required fee and are eligible to receive a full fee waiver if, at the time of filing, they are receiving a means-tested benefit. A means-tested benefit is a federal, state, locally or tribally funded benefit where the agency granting it considers income and resources in determining eligibility. The USCIS Policy Manual provides a nonexhaustive list of examples of such programs. Extreme financial hardship: The last basis on which a naturalization applicant can qualify for a full waiver is if they demonstrate extreme financial hardship, described by USCIS as “when a requester requires substantially all of their current income and liquid assets to meet current ordinary and necessary living expenses.” The requester should document the financial impact of the hardship in the 12 months prior to receipt of the fee waiver request. Some examples of such situations are listed in the USCIS Policy Manual, ranging from medical illness, unemployment, eviction, homelessness, natural disaster, military deployment of a spouse or parent, divorce or death of a spouse to “other situations that could not normally be expected in the regular course of life events that would limit a person’s ability to meet necessary living expenses.” PERSONS IN HOUSEHOLD INCOME 1 $15,060 2 $20,440 3 $25,820 4 $31,200 5 $36,580 Household Size. Calculate your household size to include Yourself and the following individuals that live with you: your spouse, your children or legal wards (who are unmarried and under 21 years of age), your parents, anyone who is properly listed as a dependent on your federal tax returns. If under 21 then your parent(s) are included. A spouse or child is not included in this calculation if they do not live with you. You may also include children ages 21-24 who are enrolled in school and live with you or adult sons or daughters who are unmarried and for whom you are the legal guardian because they are physically or developmentally disabled or mentally impaired to the extent that they cannot adequately care for themselves and cannot establish, maintain, or re-establish their own household. NOTE: Your household income includes the annual income of your household members. A request must also include any additional financial assistance (not otherwise included in a tax return or W-2) including any Social Security income (as reflected on the SSA-1099) to the adjusted gross income in the tax return. Federal Poverty Guidelines: https://aspe.hhs.gov/topics/ poverty-economic-mobility/poverty-guidelines 2024 Changes to N-400 Filing Fee Download More Info Fee Waivers Waiving the USCIS Filing Fees on Applications for Immigration Benefits LEARN MORE USCIS SITE
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