Immigration Law

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I'm currently applying for a J-1 Trainee Visa. The sponsor…

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Good morning. I'm currently...

Good morning. I'm currently applying for a J-1 Trainee Visa. The sponsor company (French-American Chamber of Commerce) asked me to fill out a Non-Employment Statement, which basically states my intention not to seek employment in the US for a period of at least one year after the completion of the internship. I'm here to ask you if this represents a concrete issue, in case the company wants to sponsor me for a H-1B visa. Thank you.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I haven't started any process with USCIS yet, nor have I had a visa before.

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it for now

Submitted: 3 months ago.Category: Immigration Law
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Answered in 2 minutes by:
12/29/2017
Immigration Lawyer: Damien Bosco, Attorney replied 3 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Immigration Law
Satisfied Customers: 4,216
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney.

Why are they asking you to complete the Non-Employment Statement? What is the sponsor company's rationale?

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Customer reply replied 3 months ago
Hello, Mr. Bosco. The Non-Employment Statement is one of the mandatory documents for the application: http://www.faccnyc.org/global-careers-j-1-visas/j-1-visa-program/before-arrival/
Immigration Lawyer: Damien Bosco, Attorney replied 3 months ago

Okay. Hold, please.

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Immigration Lawyer: Damien Bosco, Attorney replied 3 months ago

Thank you for the additional information.

You state; "I'm here to ask you if this represents a concrete issue, in case the company wants to sponsor me for a H-1B visa."

What do you mean by "concrete issue?" Are you asking whether by law it is a requirement not to seek employment after the program? Possibly, you can rephrase your question so I can see how I can help you.

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Customer reply replied 3 months ago
Exactly. Before proceeding with the J-1 visa application I would need to know if this Non-Employment Statement could actually represent a legal obstacle, in case I want to seek employment after the completion of the program (and, consequently, request a different type of visa).
Immigration Lawyer: Damien Bosco, Attorney replied 3 months ago

Thanks for the additional information. If you sign it, there could be a possibility that if you do seek employment after completion of the program that the sponsor company can sue you for the cost of the training. Signing it would not necessarily prevent you from applying for another Visa, but you could end up having to pay for the training.

If you have further questions, just let me know.

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Immigration Lawyer: Damien Bosco, Attorney replied 3 months ago

Have I answered all of your questions?

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