Page 41 - The Indian EYE 050523

IMMIGRATION MAY 05, 2023 | The Indian Eye 41

NOW

IndiaLife TV Available

on your SmartTV with Zingo TV App

to friends or relatives, receiving med- U.S. CBP has broad powers to place would otherwise qualify for an H-1B saging on attending interviews or
US is not consistent with the visitor discussed in a prior blog. Simply go to your App Store or Play Store
ical treatment, and participating in visitors in expedited removal pro- visa to the United States for a limited looking for jobs while someone is in
social or religious activities pursuant ceedings without a hearing if they de- period of time, have been the subject the US as a visitor, but such coordi-
to 9 FAM 402.2-4(A). termine that the person’s visit to the of ambiguity and legal challenges, as nation between the three agencies is
rare and maybe it is best for potential
The full scope of activities that admission. They can either initiate The State Department could also visitors to obtain appropriate legal
expedited removal if there is alleged- interpret this differently from the advice rather than rely on the USCIS
From SmartTV Download ZingoTV App
are permissible under a B-1 ly fraud or misrepresentation pursu- USCIS and may deny a visitor visa to Twitter feed and be prepared to ad-
or B-2 are often broader, how- ant to INA 212(a)(6)(C) or lack of one who wishes to attend interviews vocate to the relevant authority that
entry documents under INA 212(a) or apply for jobs in the US. A US they will remain bona fide visitors
ever. So long as a noncitizen (7). CBP officials have been known consular officer also has broad pow- even if they will be looking for jobs or
demonstrates the requisite to search phones and other electron- ers to refuse a visa under INA 214(b) attending interviews.
Login|Register with your eMail then
ic devices for hints that the person is that presumes that most nonimmi-
ties to their home country and looking for a job in the US and may grant visa applicants are immigrants [This blog is for informational purposes
and should not be relied on as a substi-
nonimmigrant intent, entering not return timely. unless they can establish that they are tute for legal advice]
Other less-common uses of entitled to the nonimmigrant status.
the U.S. on a B-1 or B-2 visa the B-1 visa, such as “B-1 in lieu of It would be nice if the USCIS, *Kaitlyn Box is a Senior Associate at
to attend interviews or apply H-1B”, which allows individuals who CBP and DOS coordinate the mes- Cyrus D. Mehta & Partners PLLC.
Start Watching IndiaLife TV 24 Hours LIVE
for jobs was permissible even _________________________________________________________________________________________________________
before USCIS issued its recent Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
guidance on Twitter. mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
While it is commendable that of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
You can click www.indialife.tv
the USCIS has correctly outlined Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
this option for nonimmigrants who Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
have been laid off, it remains to be on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
seen how CBP will react if B-1/B-2 Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
visa holders state that the purpose of and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
their trip is attending a job interview the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
or searching for employment in the on your browser and watch IndiaLife TV 24 Hours
in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

www.TheIndianEYE.com

Also download ZingoTV

for any of your Mobile Device

or any Smart Device

Start Watching IndiaLife TV

24 Hours LIVE IndiaLife TV

The Heartbeat of

Indians in

North America

and Worldwide

Advertise with IndiaLife TV

Call: 1-917-662-1122 eMail: [email protected]