Quayat Law

Don’t be blinded by love! Marriage to a US citizen is not the end of the game for immigrants. Make sure to avoid sour wedding surprises. (Hello all, I appreciate your patience as I have been running my reduced-capacity firm from outside the country for the last few days to assist my family. I look forward to coming back to the US in early August to return to my normal schedule. In the meantime, today I am posting some helpful guidance on a common problem.) Many immigrants feel that once they marry a US citizen, they no longer need to worry about maintaining US status and work authorization. Watch out for this trap! Marriage to a US citizen is almost always helpful for an immigration case, but it does not automatically grant you work authorization or permission to remain in the United States. Make sure you plan for the following three issues: ⭕ Status: After the marriage, an immigrant must apply for permanent residency. The immigrant does not have permission to remain in the US until this is done, unless the immigrant has permission to stay in the US through another program (for example, H-1B). ⭕ Work: An immigrant who marries a US citizen is not automatically authorized to work. The immigrant must apply for work authorization, which can take six months or more for USCIS to grant. Do not rely on marriage to a US citizen to grant you immediate work authorization – there is always a delay. Not all companies are aware of this, so make sure you avoid any HR surprises. ⭕ Travel: Keep in mind that you may need to travel outside the US while the process is pending. The process itself can take a year or more. In order to travel during the processing period, you will need permission to travel (“advance parole”) to avoid derailing the process. Permission to travel can take many months to arrive. Make sure you factor this into your plans. Even though I work primarily in business immigration, clients of all kinds get married. Understanding the process is important to make sure you avoid any disruptions to your plans. Getting married is a wonderful time and a flurry of activity. Don’t forget to make sure you have your immigration bases covered, too!

The Minnesota Unified Certification Program (MnUCP) informed me that my firm has been certified as a Disadvantaged Business Enterprise (DBE) with the MnUCP, effective April 3, 2024. My firm, Quayat Law, is now a certified woman-owned small business located in Minnesota. Receiving this certification is a very important milestone. Thanks to all my clients for getting my firm to this early milestone!

If you are married to an H-1B or TN worker, PLEASE don't do this!   I have been hearing about this violation over and over from my clients.   If you do not have work authorization, please do not work remotely for a company outside the United States while you are in the US; working remotely for a company while in the US is not OK and is a violation of your status. Don't believe what you are reading on the forums, this arrangement is not legal.   If you have already done this, please don't despair. There is a workaround in the law (INA 245(k)) if you or your spouse eventually apply for adjustment of status through employment. Not everyone will qualify for this exception, though, and it is an additional hurdle at the green card stage, so it is better to avoid this situation if you can. It is a ridiculous relic of an outdated mindset that the spouses of temporary workers are not permitted to work in the US, even remotely for an international company. Hopefully, more modern thought will prevail soon and the law will change. What politicians do really does matter.

Options After Losing the H-1B Lottery: What Next? * School: For those in student status, consider your options to continue your education. As long as you are in valid student status, you may remain in the US. Be careful with Day 1 CPT programs, they must be done carefully. * Cap-Exempt H-1B Status: Consider applying to work for an employer that does not need to submit H-1B workers through the H-1B cap system, including universities and related nonprofit entities, nonprofit research organizations, and government research organizations. Certain companies, such as Open Avenues Foundation, will also facilitate temporary cap-exempt employment for a substantial price. Choose this company carefully! * Extraordinary Ability O-1 Status or EB-1 Permanent Residency: Some rare applicants at the top of their fields may qualify for permission to remain in the US as individuals of extraordinary ability. * Tourist Status: If you just need a few months to figure things out, consider changing status to become a tourist or business visitor. While not a permanent solution, it may buy you important time to take steps forward. * E-1 or E-2 Status: Individuals from certain countries may be able to obtain nonimmigrant status through engaging in substantial trade or making a substantial investment into a foreign-owned business in the US. The Department of State lists participating countries. * TN Status: This category is reserved for citizens of Canada or Mexico. * E-3 or H-1B1 Status: These categories are reserved solely for citizens of Australia, Chile, and Singapore. * J-1 Trainee Status: This status if for those who want to stay in the US to participate in a Department of State-approved training program. * Marriage to a US Citizen: Never marry primarily for immigration benefits, but if you are in a serious relationship with a US citizen and are already considering marriage, this can be an option to remain in the US. * Dependent Spouse Status: For those married to individuals in nonimmigrant status, several dependent spouse options, such as H-4, L-2, and P-4, are available. * H-2B or H-3 Status: If an employer has only a seasonal or temporary need for training, consider looking into H-2B or H-3 status. * Remote Employment from Abroad: If your sponsoring organization is interested in employing you outside the US and re-entering you in the H-1B lottery next year, this is often a viable Plan B. * L-1: If you can find employment outside the US with an international subsidiary/parent/affiliate/branch of a US company, you may be able to transfer to the US in L-1 status after at least a year at the company abroad. You should not attempt this without guidance from an experienced immigration attorney. * Canada: Consider working in Canada temporarily and re-entering the H-1B lottery next year. I wish you all the best of luck this week! If only no one needed this advice.