Published on Lawyers.com and the Epoch Times on February 5, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

I Have a Master in Counseling, Can I Apply for an H-1B Visa if I am Offered a job in Human Resources Field?

Currently I am on a F1 visa doing a PhD in family therapy, but I have a job opportunity in the human resource field, can I apply for an H-1B? Will my degree correspond to that field?

Mr. Lee answers:

With a Masters in counseling and working on a PhD in family therapy, you may wish to see whether your bachelor’s degree is a better fit for a human resource professional job. If not, U.S.C.I.S. would be interested in the contents of your transcript to see the relevant coursework in counseling for the position. According to the Occupational Outlook Handbook of the Department of Labor which is referenced to many times by U.S.C.I.S., human resource managers usually need a bachelor’s degree in human resources or business administration. Alternatively candidates can complete a bachelor’s degree in another field and take courses in human resources subjects, such as labor or industrial relations, organization development, or industrial psychology. The handbook also says that some positions are filled by experienced individuals with other backgrounds including finance, business management, education, and information technology, and that some higher-level jobs require a Masters degree in human resources, labor relations, or an MBA. 

Q&A 2.

If a Foreign Person Enters the U.S. on a Visa Waiver (90 Days), Can He Conduct Business?

If they enter into a contract with a US citizen, is that contract enforceable if they don't have a valid visa to conduct business in the US?

Mr. Lee answers:

Although a foreign person entering the U. S. on a visa waiver for 90 days is not allowed to conduct such personal business as you describe, the immigration law restrictions would have nothing to do with the legality of a contract that you enter into with a U. S. citizen. Although there have been attempts by municipalities to make such contracts voidable, they have been declared illegal by the courts as infringing upon the federal government’s right to place restrictions upon aliens in the United States.

Q&A 3.

How Do I Apply for Re-entry Permit to U.S. While I Am in India?

It’s been a year and 5 months I am in India I am on permanent resident status. My husband has filed a divorce case in US and I was informed by the attorney in US that I have to attend for the court hearing held on April 2016. Please kindly assist me how do I get a re-entry permit to US.

Mr. Lee answers:

If there were reasons for which you were physically unable to return to the U. S. within a year, you can ask for a special immigrant visa at the American consulate or embassy in your home country. If there was no valid emergent reason, you can attempt to explain your situation to an immigration inspector at a U. S. port of entry and you may be allowed a waiver of your having remained outside the U. S. for one year. I note that even if the immigration inspector does not give you a waiver, you would still be allowed in most cases entry into the U. S. if you decided to defend your right to the green card in the immigration court. On your desire to obtain a reentry permit, such is not allowed under the rules which require that you be physically present in the U. S. at the time of making the request for a reentry permit. 

Q&A 4.

Can USCIS Revoke Me For Traffic Tickets?

On my USCIS oath, was asked if I had any traffic tickets, I said NO. But I actually did have.  They gave me citizenship.  Can they revoke me for that?

Mr. Lee answers:

If you already have the citizenship certificate, it would be very difficult for U.S.C.I.S. to revoke it at this point.

Copyright © 2003-2016 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.