N. E Visas. INA §101(a)(15)(E), 8 U.S.C. §1101(a)(l5)(E); 8 C.F.R. §214.2(e).

1. Definition:

a. Person is entering U.S. (for indefinite time).

b. Based upon treaty of friendship, commerce and navigation or Bilateral Investment Treaty or other arrangements (NAFTA-Canada and Mexico) between U.S. and country of which s/he is a national.

c. Person is entering:

(1) Solely to carry on substantial trade which is international in scope principally between U.S. and the foreign state of which s/he is a national (E-1 treaty trader), or

(2) Solely to develop and direct the operations of an enterprise in which the alien has invested, or is actively in the process of investing a substantial amount of capital in a bona fide enterprise (E-2 treaty investor). Some countries may have only E-1 treaties or E-2 treaties. Some have both. 9 FAM 41.51, Exhibit 1; Appendix A, infra, or

(3) As a key employee from treaty country of either E-1 or E-2, including executives and supervisors or persons whose services are "essential to the efficient operation of the enterprise." 8 C.F.R. §214.2(e)(3), or

(4) As a principal employer who is: (a) a person with nationality of treaty country whether in or outside U.S.; or (b) an enterprise or organization that is 50% or more owned by treaty nationals, or

(5) A dependent of one of the above referenced persons.

2. General considerations:

a. Need not show proceeding to U.S. for a specific period of time, so long as there is an ultimate intention to depart the U.S. and not permanently remain. 8 C.F.R. §214.2(e)(1)(ii), (2)(iii), (5); 9 FAM 41.51 N1.1, N1.2, N15.

b. Except as described in paragraph a supra, no temporariness or intent to return to foreign residence required. No proof of foreign residence required. An application should not be denied solely on the basis of an approved labor certification or for a filed or approved immigrant visa petition. 8 C.F.R. §214.2(e)(5); 9 FAM 41.51 N15.

c. Each treaty may contain specific provisions that create subtle but important differences in the treatment of treaty nationals.

d. INS and State issued final regulations which are identical in most important respects. 62 Fed. Reg. 48138-55 (Sept. 12, 1997). INS traditionally followed State Dept. regulations and FAM. O.I. §214.2(e).

3. Time of Admission-2-year admission and extensions of stay up to 2 years at a time. 8 C.F.R. §214.2(e)(19), (20). Admission will be for 2 years even if the visa is valid for less than 30 days at the time of entry. 22 C.F.R. §41.112(a).

4. E-l-INA §101(a)(15)(E)(i), 8 U.S.C. §1101(a)(15)(E)(i).

a. Substantial trade:

(1) Trade. Under 8 C.F.R. §214.2(e)(9), 22 C.F.R. §41.51(h) and (i), 9 FAM 41.51 N4, trade is defined as "the existing international exchange of items of trade for consideration between the U.S. and the treaty country." Domestic trade is not counted in determining trade and therefore not counted in determining what is substantial trade. Items of trade "include but are not limited to goods, services, international banking, insurance monies, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and some news-gathering activities." Goods are "tangible commodities or merchandise having extrinsic value." Services are "legitimate economic activities which provide other than tangible goods." Service is interpreted "in an expansive fashion." 62 Fed. Reg. 48138-01 at 48,141 (Sept. 12, 1997).

(2) "Principal" trade. 8 C.F.R. §214.2(e)(11), 9 FAM 41.51 N7

(a) Trade must be principally between U.S. and treaty country.

(b) More than 50% of total volume of international trade between U.S. and treaty country.

(c) Domestic trade not counted in calculation of "more than 50%."

(d) If business does more than 50%, each E-l owner does not need more than 50% trade.

(e) If it is only a U.S. branch office, then the foreign company has to have more than 50% of its trade with the U.S. since it is not considered a separate legal entity. However, a U.S. subsidiary is considered independently from its foreign company owner.

(3) "Substantial." 8 C.F.R. §214.2(e)(10), 9 FAM 41.51 N6

(a) "An amount of trade sufficient to insure a continuous flow of international trade between the U.S. and the treaty country."

(b) Cannot be based on a single transaction, regardless of how protracted or monetarily valuable.

(c) Trade can be binding contracts which call for the exchange of items of future trade.

(d) Volume of exchanges is given more weight than the value of the exchanges. No minimum requirement for either.

(e) Smaller businesses. Income derived from the value of numerous transactions which is sufficient to support trader and her family constitutes a favorable factor in assessing existence of substantial trade.

(f) Sources of proof include, but are not limited to, bills of lading, customer receipts, letters of credit, insurance papers documenting commodities imported, purchase orders, carrier inventories, trade brochures, insurance papers documenting commodities imported, purchase orders, courier inventories and sales contracts. 62 Fed. Reg. 48138-01 at 48,141 (Sept. 12, 1997).

b. Nationality of Corporation. 8 C.F.R. §214.2(e)(7), 62 Fed. Reg. 48138-01 at 48,140 (Sept. 12, 1997); 22 C.F.R. §41.51(g); 9 FAM 41.51 N2, N3.2

(1) At least 50% of stock owned by nationals of treaty country. Permits joint venture. 9 FAM 41.51 N3.1; 51 Fed. Reg. 6911-01 (Feb. 27, 1986).

(2) LPRs from the treaty country who own stock in the U.S. company can not have their stock counted in the determination of the nationality of the company. E or non-E nationals of the treaty country who are not LPRs, can count their stock when determining the nationality of the company.

(3) If employer is not corporation, but individual, must be maintaining E status if in the U.S. 9 FAM 41.51 N14.1.

c. Employee's Work.

Unlike L-1, employee can be a new hire and need not have worked for the company previously. 9 FAM 41.51 N14.3-4.

d. Special problems with E-1 related to embargoes. Where the U.S. places an economic embargo or sanctions on a country, the country's E-1 privileges are often rendered inoperable.

5. E-2-INA §101(a)(15)(E)(ii), 8 U.S.C. §1101(a)(15)(E)(ii); 22 C.F.R. §41.51.

a. Nationality of Investment Enterprise:

(1) Same as E-l-50% sufficient (joint venture). 22 C.F.R. §41.51(g), 9 FAM 41.51 N3.1.

b. Investment. Has invested or is actively in the process of investing. 22 C.F.R. §41.51(b)(1).

(1) Funds in employer's possession/control.

(a) Funds must be "at risk." 9 FAM 41.51 N8.1-2 (e.g., must be unsecured loan or collateral for loan must be from personal assets). The capital must be subjected to partial or total loss if investment fortunes reverse.

(b) Intent or prospective plans insufficient. Uncommitted funds in a bank account insufficient. 9 FAM 41.51 N8.1-3. Funds must be irrevocably committed to enterprise and applicant has burden of showing irrevocable commitment. 8 C.F.R. §214.2(e)(12); 9 FAM 41.51 N8.1-3.

(c) Escrowed Funds. Placing funds in escrow pending approval of E classification with legal mechanism that irrevocably commits funds but also protects investor if application is denied is permissible. 8 C.F.R. §214.2(e)(12); 22 C.F.R. §41.51(l).

(2) Funds cannot be obtained directly or indirectly through criminal activity. 8 C.F.R. §214.2(e)(12).

(3) Valuation of investment. 9 FAM 41.51 N8.2-1, N.8.2-2.

(a) Rent paid on equipment or property is investment, but limited to funds devoted to item in any month (unless rent paid in advance). Purchase of equipment/inventory counted. 9 FAM 41.51 N8.2-1.

(b) Transfer of goods and machinery so long as it is demonstrated they will be or are being put to use in the enterprise. 9 FAM 41.51 N8.2-2.

(c) Must establish that funds are the investor's.

(d) Inherited business does not qualify as investment. 9 FAM 41.51 N8.1-1. Inherited funds, however, can be used to make a qualified investment. 9 FAM 41.51 N8.1-1.

c. Commercial Enterprise:

(1) Not passive investment (e.g., stocks, undeveloped land). 9 FAM 41.51 N9.

(2) Entrepreneurial. Land development as opposed to land investment.

(3) Nonprofit institutions (schools, associations) are not considered commercial enterprises and therefore investing in a nonprofit will not result in eligibility for E. 62 Fed. Reg. 48138-01 at 48142 (Sept. 12, 1997); 9 FAM 41.51 N9.

d. Substantiality of investment-Department of State by statute is charged with the responsibility for defining "substantial." INA §101(a)(45), 8 U.S.C. §1101(a)(45). Currently, the Dept. of State uses relative/proportionality test.

(1) Test is: (i) the amount of qualifying funds invested weighed against the total cost of purchasing or creating the enterprise; (ii) the amount normally considered sufficient to ensure the investor's financial commitment to the successful operation of the enterprise; and (iii) a magnitude of investment to support the likelihood that the investor will successfully develop and direct the enterprise. 8 C.F.R. §214.2(e)(14); 9 FAM 41.51 N10; 22 C.F.R. §41.51(n).

(2) Small and medium size businesses. The lower the cost of the enterprise, the higher, proportionally, the investment must be to be considered a substantial amount. 8 C.F.R. §214.2(e)(14)(iii); 9 FAM 41.51 N10.4

(3) Dept. of State recognizes distinction for service industries and views test for such industries under second prong as "amount necessary to establish a viable enterprise." 9 FAM 41.51 N13.

e. Cannot Be Marginal-9 FAM 41.51 N11; 8 C.F.R. §214.2(e)(15); 22 C.F.R. 41.51(o).

(1) Enterprise marginal if it does not have the present or future capacity to generate more than minimal living for investor and family. If future capacity at issue must provide 5-year plan. 22 C.F.R. §41.51(o); 8 C.F.R. §214.2(e)(15).

(2) Investment cannot be solely to earn a living for the investor and his family. Investor's employment as skilled or unskilled labor in business is unrelated to the marginality issue. 62 Fed. Reg. 48138-01 at 48143 (Sept. 12, 1997)

(3) Factors:

(a) Investment will expand job opportunities;

(b) Generate other sources of income;

(c) Investment will generate income substantially above what would be considered a living;

(d) Investor will not work simply as a skilled or unskilled worker.

(4) Where INS did not consider record evidence of other income, court reversed finding that investment was marginal.

f. Develop and Direct, 9 FAM 41.51 N12.1:

(1) Must manage business and not compete directly in the market as skilled laborer. "Hands-on" management that is purely incidental to developing business is permissible. 62 Fed. Reg. 48138-01 at 48144 (Sept. 12, 1997).

(2) Has controlling interest in business. Control may be by negative veto and therefore 50% ownership may be sufficient to establish the "develop and direct" criteria so long as s/he is not contractually precluded from taking action. 9 FAM 41.51 N12. Under regulations, control may be established by: (1) 50% ownership; (2) operational control through managerial position; or (3) other means. 8 C.F.R. §214.2(e)(16), 22 C.F.R. §41.51(p). What constitutes control may vary depending on factors such as the structure of the enterprise involved. 9 FAM 41.51 N11.

(3) Develop and direct only applies to principal investor, not to employees. 62 Fed. Reg. 48138-01 at 48150.

(4) In small corporation, stock ownership is generally indicia of control. However, majority ownership of stock is not enough where majority owner cedes managerial control over the enterprise.

(5) In large corporation look to corporate/stock structure and corporate practice. 9 FAM 41.51 N12. Negative control of joint-venture qualifies. Id.

g. Intent to depart, 8 C.F.R. §214.2(e)(1)(ii), (2)(iii), (5); 22 C.F.R. 41.51(a)(2) and (b)(3); 9 FAM 41.51 N1.2 (9).

(1) Investor's statement sufficient.

(2) Do not need objective criteria (i.e., existing home abroad).

(3) May not be denied solely on basis of an approved LC or IV petition. 8 C.F.R. §214.2(e)(5); 9 FAM 41.51 N15.

6. Employees of E-1/E-2 must have same nationality as treaty employer and must be either:

a. Executives and Supervisors, 8 C.F.R. §214.2(e)(17); 9 FAM 41.51 N14; 22 C.F.R. §41.51(q); O.I. §214.2(e).

(1) Position must be principally and primarily, as opposed to incidentally or collaterally, executive or supervisory.

(2) Duties must provide the employee ultimate control and responsibility for the enterprise's overall operation or a major component of it.

(a) To determine the requirements control and responsibility, DHS/DOS shall consider: (i) whether the executive position provides great authority to determine policy and direction; (ii) whether the supervisory position provides supervision for a significant portion of the operation and does not generally involve supervision over low-level employees; (iii) whether the applicant possesses executive/supervisory skills and experience; (iv) whether salary and position title are commensurate with executive/supervisory position; (v) the relationship of the position to the organizational structure; (vi) the responsibility of the applicant for making discretionary decisions, setting policies, directing and managing business operations, and/or supervising other professional and supervisory personnel; and (vii) if the position requires performance of routine staff work or if it is only of an incidental nature;

b. Non-supervisory person with special qualifications who is an essential employee. 8 C.F.R. §214.2(e)(18), 9 FAM 41.51 N14.3; 22 C.F.R. §41.51(r).

(1) In determining if essential employee, the factors to consider are as follows:

(a) the employee's degree or proven expertise in area of operations;

(b) the uniqueness of the specific skills;

(c) the function of the job to which the applicant is destined;

(d) the salary such special expertise can command. 9 FAM 41.51 N14.3-2(b); and

(e) the availability of U.S. workers. 9 FAM 41.51 N14.3-2(c). In determining uniqueness/specialization for purposes of essential employee status (E-2) can also look at whether U.S. workers are available. 8 C.F.R. §214.2(e)(18)(ii).

(2) Knowledge of a foreign language and culture, knowledge of country conditions, or previous employment do not by themselves meet the special qualifications requirement. Need to analyze their essentiality in relationship to the enterprise. 8 C.F.R. §214.2(e)(18)(i);

(3) An essential employee's skills do not have to be "unique" or "one of a kind," but rather, "indispensable to the success of the enterprise." 62 Fed. Reg. 48138-01 at 48144 (Sept. 12, 1997);

(4) Whether essential skills are needed or available will vary over the time of an enterprise (after start-up need employee's skills) when the provision of the service is not generally available in the U.S. 8 C.F.R. §214.2(e)(18)(ii); 9 FAM 41.51 N14.3-1

c. For E-1/E-2 employee to qualify, the employer must hold treaty status if in U.S. or be so classifiable. 62 Fed. Reg. 48138-01 at 48150 (Sept. 12, 1997); 22 C.F.R. §41.51(c)(1).

d. Subsidiary Employment. 8 C.F.R. §214.2(e)(8)(ii). May perform work for parent or subsidiary of employer enterprise without it being deemed substantive change of E status if: (a) subsidiary independently qualifies as a treaty organization at the time the E treaty status was determined; (b) the work requires an executive, supervisor or essential skill person; and (c) work is consistent with E status.

e. Multiple Employees. A person is not precluded from hiring multiple employees in E-2 status, but employment cannot be inconsistent with terms and conditions of E. 8 C.F.R. §214.2(e)(8). An unauthorized change of employment to a new employer is a failure to maintain status. 8 C.F.R. §214.2(e)(8)(vii).

h. E-1/E-2 in Lieu of H-1B. The Service will not grant E-2 (essential employee) status to persons who are paid by job-shop to work at another company (that is U.S. owned). See 9 FAM 41.51 N13.1.

i. An E-1 applicant generally must demonstrate that trade is already in existence at the time of the application.. An exception is a showing of binding contracts calling for immediate trade. 9 FAM 41.51 N4.4. An E-2 may have a start up business.

j. No E visas for Mexico/Canada if there is a labor dispute. 8 C.F.R. §214.2(e)(22); 22 C.F.R §41.51(s).

8. Family of Es:

a. Spouse and children accompanying or following to join principal E. Nationality not important. 8 C.F.R. §214.2(e)(4); 22 C.F.R. §41.51(d).

b. Employment Authorization Issues.

(1) Spouse of E visa holder who enters U.S. as E spouse can now obtain employment authorization. INA §214(e)(6).

(2) Children are still not employment authorized but they can work without being subject to deportation

c. Can attend school without change of status.

9. Employment discrimination issues. Under traditional "E" treaties relating to friendship, commerce and navigation, hiring only foreign nationals for employment may be contrary to Title VII.

O. Bilateral Investment Treaties. Traditionally, most E-1/E-2 treaty rights arose out of Treaties of Friendship, Commerce and Navigation (FCNs) which governed both trade and investment. More recently, the U.S. has signed treaties directed solely to investment called Bilateral Investment Treaties (BIT) and to Free Trade Agreements (NAFTA/Fast Track) which contain both E-1 and E-2 components. BITs allow for E-2 status only; however, they are more expansive than the traditional FCNs because they apply to foreign nationals who establish, administer or advise an enterprise and not simply develop or direct it.

P. Q Nonimmigrant. INA §101(a)(15)(Q), 8 U.S.C. §1101(a)(15)(Q); 8 C.F.R. §214.2(q); 57 Fed. Reg. 55056 (Nov. 24, 1992); 22 C.F.R. §41.57.

1. NIV for a participant in an international cultural exchange program designated by the AG for the purpose of providing practical training, employment and the sharing of the history, culture and traditions of the country of the person's nationality. The program applies to an employer who has employees not simply an agent or office and who provides on a regular, continuous, systematic basis goods and/or services (including lectures, seminars and other types of cultural programs). 8 C.F.R. §214.2(q)(1).

2. Conditions of Visa:

a. Cannot exceed 15 months.

b. Beneficiary must have foreign residence.

c. Beneficiary must be employed under the same wages and working conditions as U.S. workers.

d. Limitation on admission. If beneficiary has spent 15 months in U.S. under a visa cannot be readmitted under the same status until physically outside of the U.S. for 1 year. Brief trips to U.S. under B-1/B-2 do not break the continuity of the 1- year foreign residency requirement. 8 C.F.R. §214.2(q)(2)(ii).

3. Requirements for Program Approval-8 C.F.R. §214.2(q)(3)(iii). All the following criteria must be met:

a. Interaction with American Public. Program must take place in school, museum, business or other establishment where the American public or a segment of the public sharing a common cultural interest, is exposed to aspects of a foreign culture as part of a structured program. Private homes or isolated business settings do not qualify.

b. Cultural component which must be designed on the whole "to exhibit or explain the attitude, customs, history, heritage, philosophy or traditions" of the person's country. Standard instructional activities such as courses or lectures are acceptable.

c. Work Component. The work must serve as the vehicle to achieve the cultural objective and cannot be separate from it.

4. Requirements for Participants-8 C.F.R. §214.2(q)(3)(iv).

a. Must be 18 at time petition filed;

b. Must be qualified to perform work;

c. Must have ability to communicate cultural attributes of country;

d. Must have resided and been physically present outside the U.S. for the immediate prior year if previously admitted as Q.

5. Extension of Stay. Extension only granted up to a total of 15 months. A new petition must be filed for each extension. 8 C.F.R. §214.2(q)(10).

6. Revocation of Petition-8 C.F.R. §214.2(q)(9). Automatic revocation if employer goes out of business, files a withdrawal of the petition or terminates the program. page 572{} Petition for other reasons may be revoked by notice. An appeal may be taken to the AAO.

Q. Q-2 Nonimmigrants from Northern Ireland. INA §101(a)(15) (Q)(ii), 8 U.S.C. §1101(a)(15)(Q)(ii). P.L. 105-319 (Oct. 30, 1998); 22 C.F.R. §§41.57(b), 101(f), 139; 8 C.F.R. §§214.1(a)(1)(vii), (b)(4), 214.2(q), 248.3(d); 65 Fed. Reg. 14764-80 (Mar. 17, 2000).

Visa is for a person 35 years or younger who resides in Northern Ireland or the counties of Louth, Monaghan, Cavan, Leitrim, Sligo, or Donegal within the Republic of Ireland and seeks to temporarily enter the U.S. for a period not longer than 36 months to participate in a cultural and training program for the purpose of providing practical training, employment, and the experience of coexistence and conflict resolution in a diverse society.

Only 4,000 visas per year. The program must be approved by the Sec. of State and the AG. It will be administered by a designated Program Administrator under the regulations and will include programs in hospitality and tourism, customer service, information and communications technology, pharmaceuticals, engineering, sales, marketing and promotion, agriculture/horticulture diversification, food processing and furniture. 22 C.F.R. §139.8. The visa expires in FY 2006. Allows spouse and minor children to enter.

R. R Nonimmigrants. INA §101(a)(15)(R), 8 U.S.C. §1101(a)(15)®).

1. NIV for:

a. A minister:

(1) Deacons, practitioners of Christian Science and officers of the Salvation Army may be deemed ministers. 9 FAM 41.58 N9.2; 9.3, and 9.4. or

b. A person working in a professional capacity in a religious vocation or occupation;

(1) Professional capacity is occupation defined at INA §101(a)(32) or B.A. as minimal requirement. 22 C.F.R. §41.58. However, CIS defines it only as B.A. degree or foreign equivalent degree. 8 C.F.R. §214.2(r)(2).

(2) Religious occupation is activity which relates to traditional religious function, e.g., cantors, liturgical workers, translators, religious broadcasters, workers in religious hospitals, but not if they are performing lay work (e.g., nurses not eligible). Does not include clerks, fundraisers or maintenance workers. 8 C.F.R. §214.2(r)(2). (3) Religious vocation relates to traditional religious function, e.g., nun, monk. If person practices religious vocation it does not matter what job s/he performs (e.g., could include janitor). 9 FAM 41.58 N10.2-1; or

c. A person working for a religious organization (or its §501(c)(3) of IRC affiliate) in a religious vocation or occupation; and

d. Who for 2 years immediately preceding the application has been a member of the religious denomination having a bona fide nonprofit religious organization in the U.S. Does not require prior employment with the organization as in special immigrant category. If person is merely member of denomination that is sufficient. 22 C.F.R. §41.58(a)(2). CIS cannot require proof that someone has been practicing in a profession prior to entering on an R-1.

(1) Factors to consider to determine bona fide religious denomination are the presence of some form of ecclesiastical government, a recognized creed and form of worship, a formal code of doctrine and disciplines; religious services and ceremonies, established places of religious worship, and religious congregations. 22 C.F.R. §41.58(b).

(2) Membership established by letter from appropriate official.

2. Entry limited to 5 years. Not subject to INA §214(b). 9 FAM 41.58 N2-N3

3. Spouse and children may accompany or follow to join.

4. No prior CIS approval needed.

5. Evidence, Procedures and Admission-8 C.F.R. §214.2(r)(4), (5), (6) and (7).

a. Must apply at consular post or if in U.S. on I-129 for C/S. Applicant does not need an approved I-129 to obtain visa at the consular post. Canadians may apply at the border for the R-1.

b. Initial admission is for 3 years with E/S on I-129 for a period up to 2 years. Total period of stay is 5 years. After 5 years must reside and be physically present outside U.S. for one year, except for brief visits, to be eligible again.

c. Spouse and children granted R-2 status.

d. If change employer must file new I-129.

e. Evidence-8 C.F.R. §214.2(r)(3):

(1) Tax exemption of U.S. organization or documentation required to obtain IRS §501(c)(3).

(2) Letter from authorized official employing person. The letter must establish that person has required 2-year membership, if the membership was maintained in whole or part outside the U.S., and that the foreign and U.S. religious organization belong to the same religious denomination. The letter must also establish the person's qualifications, remuneration and the name and location of the U.S. organization.

S. I Visas-Representatives of Media. INA §101(a)(15)(I), 8 U.S.C. §1101(a)(15)(I).

1. Criteria:

a. Bona fide representative.

b. Of foreign press, radio, film or other foreign information media.

(1) Not including film production/distribution unless film is informational or educational. 9 FAM 41.52 N2.

(2) Television included. O.I. §214.2(i). Private production crews where film will be distributed for information or news not commercial entertainment are also included. O.I. §214.2(i).

(3) If producing for commercial entertainment/advertising purpose, camera crew and other workers obtain O-1 and O-2 visas even if no U.S. remuneration and film solely for foreign distribution. Under O.I. §214.2(i) they formerly sought H or B-1 visas.

(4) Foreign press includes a foreign press owned by U.S. shareholders if staffed in large part by non-Americans to collect information for foreign audience. I visa holder may be employed by a U.S. branch office or U.S. subsidiary of the foreign company provided his or her activities are being conducted principally for the benefit of the foreign-based media.

c. Entering solely to engage in vocation.

d. Only if "home office" is in foreign country (foreign correspondent for New York Times needs L/H visa).

e. Overstay. Not subject to INA §222(g) until there is finding of unauthorized stay by IJ or CIS because I visa holders are given D/S upon entry.

2. Conditions of entry-reciprocity between U.S. and home country. 22 C.F.R. §41.52(a); O.I. §214.2(i). Cannot enter on a B visa or on visa waiver to perform I functions.

3. Procedure:

a. Admission for duration of status; extensions for 1 year. 8 C.F.R. §214.2(i).

b. No limitation on extensions. May remain indefinitely. No requirement of residence abroad.

c. No restrictions on adjustment.

d. Employment of spouse/children-Dependents must be employment authorized to work. 8 C.F.R. §§274a.12(b)(10), 1274a.12(b)(10) [Employer subject to sanctions].