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By Marc Topoleski, Partner in Siskind, Susser, Haas & Devine’s Detroit-area Office  

I am a naturalized US citizen. The country in which I was born recognizes dual citizenship. Does the US government also recognize dual citizenship?

The U.S. Government recognizes that dual nationality exists, but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad because the country where a dual national is located generally has a stronger claim to that person's allegiance.

 

My fiancée came to the US on a J-1 visa, and has since returned to her home country where she has been living for the past one year.  I am a US citizen.  If we get married, will a marriage to a US citizen waive the two-year home residency requirement?

No.  While hardship to a US citizen spouse can act as a basis for a hardship waiver request in certain circumstances, marriage to a US citizen alone is not a basis for waiver of the J-1 home residency requirement. 

 

I hold an H-1B visa and am working as a full-time employee for a university. If I switch to part-time work in the same position, does my employer have to do anything to change my current H-1B visa? 

The INS must be informed of "material changes" in the employment approved by the INS in the initial petition.  When material changes occur requiring INS notification, an amended petition must be filed with the INS.  A switch from full-time to part-time employment, even if staying in the same position, is considered a material change in employment and requires your employer to file the amended petition.  As long as the amended petition is not also requesting an extension of an alien beneficiary's stay, the $ 1000 H-1B worker retraining fee is not required with an amended petition.

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Siskind Susser Bland
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Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
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