January Check-up! Here is a List for Things all Non-Citizens in the United States to Consider
The following are topics and issues every non-citizen in the United States should periodically consider.
The following are topics/issues all non-citizens in the United States should periodically consider:
Address Changes;
Job Changes;
International Travel;
Key Expirations;
Max-Out and Age-Out.
Address Changes
Basically all non-citizens in the United States are supposed to report address changes to USCIS. This includes green card holders. The address change form is AR-11, found here.
NOTE: If you have something pending at USCIS, you will want to specifically call that out on the AR-11.
A U.S. citizen who has submitted an I-864 affidavit of support to sponsor an immigrant is also supposed to submit address changes using Form I-864, found here.
If you are awaiting processing at the U.S. Department of State’s National Visa Center (“NVC”), keeping your email address up-to-date is extremely important. Here is what NVC says:
How can I update my email address?
It is very important that you let NVC know if your email address changes, since that is our primary way of contacting you. It is easy to update your email address on CEAC. On the top-right area of your summary page, you will see a box that says “Email addresses.” Simply click on the “edit” button and you’ll be taken to a screen where you can delete, add, or change email addresses for you (the visa applicant), your petitioner, and any third-party agent you want to receive notifications about your case. However, at this time you cannot update your attorney’s information online. Attorneys need to contact NVC by using our Public Inquiry Form if there is a change to their contact information.
How do I update my mailing address or phone number?
To update the mailing address or phone number of anyone associated with a case, please contact NVC using our Public Inquiry Form. Remember that whenever you contact NVC please provide your case number, the name of the petitioner, and the name and date of birth of the principal visa applicant.
Source: CEAC FAQs
For non-citizens, it is important to remember that USCIS has a special prohibitory order with the U.S. Postal Service so if you tell the U.S. Post Office that you move, mail from USCIS will not necessarily be forwarded to your new address.
If you tell the Post Office of your move (which is a good idea), you can get all your other mail but you won’t get your USCIS mail without completing Form AR-11.
And even if you do complete Form AR-11, there are notorious gaps due to manual updates by USCIS so it is a best practice to THINK carefully about address changes. Even if you are planning to move in the future, if you are filing something with USCIS now, you should think about where the approval notice will go. This is particularly important for people who are filing something that is time-sensitive like an EAD work permit application or travel permit application. Tracking down something that is lost in the mail or getting USCIS to re-issue something lost in the mail can easily be the most frustrating aspect of U.S. immigration law.
Often university international student offices provide excellent advice related to address changes and avoiding losing things in the mail.
Job Changes
Many people have a visa status that is tied to their job. H-1B visa holders, for example, are approved for H-1B status based on (i) a specific employer, and (ii) a specific job, and (iii) working in a specific location. The H-1B petition approval will be based on an underlying Labor Condition Application (LCA) which attests to a prevailing wage. Prevailing wages are tied to geographic (metro) areas.
An H-1B worker who changes worksites including working at home or changing a home office address may have to post a new LCA (or the existing LCA), or an H-1B amendment may have to be filed. These things should be analyzed case-by-case and in good detail.
F-1 students using CPT/OPT/STEM OPT may end up changing jobs and will need to update their college/university as to the job changes. STEM OPT is only available to employers who participate in E-Verify.
Gaps in employment, that is, long periods of unemployment, can implicate F-1 status in some circumstances.
Anyone being sponsored for a green card through employment may have their green card process negatively impacted by a job change.
Be sure to analyze job changes closely as to impact on a temporary visa status as well as a permanent resident (green card) process.
International Travel
It is always easy to leave the United States - the issues arise on whether you can come back!
U.S. law gives you more protection when you are in the United States and much less protection when you are outside the United States.
Any time a person is traveling, I want to know where they are going and whether they have permission to enter all the countries along the way, and what documentation they will present when they return to the United States.
There are obviously some situations where international travel will require a visit to a U.S. consulate for a new visa.
There are some situations where international travel might negatively impact an existing pending matter at USCIS.
There are some situations where international travel and extended time abroad could result in loss of eligibility for naturalization and/or eligibility to retain U.S. permanent residence.
All these things should be considered IN ADVANCE of actually traveling.
Key Expirations
Every foreign national, if at all possible, should maintain (i) a valid passport and (ii) a valid I-94 admission record.
It is not necessary to maintain a (iii) travel visa while physically present in the United States. A valid travel visa is only needed to travel to the United States so individuals who have no plan to leave the United States need not maintain a valid visa.
Max-Out and Age-Out.
Depending on your visa status, there may be a maximum amount of time you can stay in the United States. For example:
People in L-1B visa status are limited to 5 years.
People in L-1A visa status are limited to 7 years.
People in H-1B status are limited to 6 years barring an approved I-140.
Calculating your “max out” date is an important thing to do when you are in one of these time-limited visa categories. You should understand your max out date and whether you are eligible for any “recapture.”
ALSO: Unmarried children under age 21 are eligible for derivative dependent visas. They are also eligible to green cards through their parents. But sometimes the green card process is very slow. So planning ahead is critical.
CONCLUDING THOUGHTS
In general foreign nationals (non-US citizens) face a variety of headwinds to live and work in the United States legally. It pays to be organized! I hope the photo above is NOT your desk.
I strongly recommend that you take time each year (or perhaps more often than each year) to organize your and your family’s records and make sure you know when things expire.
Be cautious on developments in your life related to changes in where you live and where you work.
Educate yourself on options and how long things take. In general things take much longer than you could imagine.
And when in doubt, ask questions.
The travel restrictions are among the most burdensome aspects of the visa-life in the US. Given how protracted processing can be, you can be stuck for months. Robert, is there a reasonable way to disentangle these travel restrictions from visa processing and provide relief to immigrants or is the whole thing just baked into the way immigration works? Love your newsletters, thank you so much for writing them!