Wednesday, March 30, 2011

B1/B2 VISAS SHOULD BE AVAILABLE TO NPTE REGISTRANTS

As many MU friends and clients are aware, US Embassies have been denying PT applicants a B1/B2 visa, if the applicant has sought to come to the US to sit for the NPTE. The denials have been based on the Embassy mistakenly belief that taking the licensing exam is not a valid reason to enter the US on a B1/B2.

MU just has learned the Department of State's HQ office in Washington DC is in the process of issuing a revised Guidance to the US Embassies, including Manila. The Guidance should correct this mistaken policy.

Please keep in mind that all applicants will still need to prove non-immigrant intent, i.e. that the applicant maintains a non-US residency and intends to leave the US at the conclusion of their visit to the US.

7 comments:

  1. I hope this gets fixed in time for the September 2011 NPTE and the test dates thereafter.

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  2. Our expectation is that it will be fixed by next week.

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  3. Now I wonder if the embassies will be more strict on determining "non-immigrant intent?"

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  4. Hello Chris,

    I had a petitioner who filed for my I-140 in 2003 and until now it is still pending in the USCIS. But I never realized they are not interested to pursue on my case anymore, can I file a legal suite on them?

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  5. Hi Philip- That could very well happen. It is critical that each applicant documents their nonimmigrant intent.

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  6. Hi Diona- I'm sorry to hear that. There is no rule in immigration law that says that the Petitioner must hold the job open for you. There may be a rule in contract law that says so, but that it beyond our area of expertise.

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  7. Diona - Many employers are walking away from I-140s. We have over 100 RNs that it has happened to since visa retrogression. Your contract was likely an "at will" contract which means that ether party could walk away from it at anytime - no recourse. Read your contract the phrase "at will" is likely in it.

    And Chris - Amen on the documentation aspects.

    Phil Slaotn
    The Icon Group

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