Monday, April 21, 2014

H1B VISA PROGRAM - Information and Learning Center

- Information and Learning Center

H1B VISA PROGRAM- Information and Learning Center

The H1B Visa is the primary US work visa / permit made available to people from all over the world. 

The US Government introduced the H1B visa program to offer and enable skilled International Professionals and/or International Students, from all over the World, the opportunity to live and work in the USA. 

The H1B is the most popular and sought after US work visa and US Immigration requires 'every' foreign national to obtain a visa in order to legally work in America. 

One of the main advantages of the H1B visa is that it is a 'dual intent' visa which means that you can apply for a Green Card (Legal Permanent Residency). 

The Process to obtain an H1B Visa:
Step 1 - you Must 1st find an H1B Sponsorship Job with a US Sponsoring Company (employer) 
Step 2 - your H1B employer files your H1B Visa Application with the US Immigration Bureau 
* individuals can NOT sponsor or apply for their own H1B visa. Only US Employers can. 

Start step 1 - find an H1B Job and obtain visa Sponsorship - 

To Qualify for the H1B Visa Program, you must work in a 'specialty occupation': 
The core Specialty Occupations include: IT, Computing, Finance, Accounting, Banking, Marketing, Advertising, PR, Sales, Recruiting, Engineering (all types), Teaching, HealthCare/Medical, Legal, Lawyers, Networking, Telecoms, Business, Management and Hospitality. 

An H1B visa is typically valid for up to six (6) years and entitles your spouse (husband/wife) and children (under 21) to accompany you and live in the USA on an H4 visa. The H4 dependent visa does not allow your spouse/children to work (unless they get their own H1B visa).


H1B Visa FAQ's 

I'm a Foreign national, can I apply and file for my own H1B visa ?
Unfortunately Not. US Immigration Laws and Regulations require that H1B visa applications can only be filed by US Corporations. Obtaining any type of US Work visa / permit requires a US Sponsoring Company to file the visa petition on behalf of the Foreign worker they want to employ.

I live outside the USA, can I still get an H1B visa ?Yes. The H1B visa program is designed for and available to Foreign nationals from all over the world who want to emigrate to the USA to live and work.

Do I need to have any qualification requirements to obtain an H1B visa ?
Yes. Qualifying for the H1B visa program requires meeting the requirements set by the USCIS (US Government) relating to either Work Experience or Higher Education. To have an H1B visa approved and issued the applicant must provide relevant documentation at the time of filing showing that the qualification requirements have been met. More details about the H1B Visa Requirements for Qualification

Can I apply for any type of USA job - and still get issued an H1B visa ?
No. To get issued an H1B visa the type of job must be directly related to either the education or the work experience that qualifies the applicant for the H1B visa program. For example: if you have a qualifying degree or work experience in 'X' then the type of job required to get issued an H1B visa must be 'X' related (to get issued an H1B visa for any other type of job / profession would require having multiple H1B qualifications for multiple professions).

Can I apply for any level of USA job in my H1B qualifying profession - and still get issued an H1B visa ?No. The level of job required to get issued an H1B visa must require at least the same level of education or work experience that qualifies the applicant for the H1B visa program. For example: if you qualify for a job by having a degree, the job level required to get issued an H1B visa must also require a degree.

Do I need to have studied in the USA to be able to get an H1B Visa ?No. As mentioned above the H1B program is made available and provided to help people from all over the world live and work in the USA. If you studied and obtained a degree from a University or College in your own Country of residence, you still qualify for and can get issued an H1B work visa

Do I need to have USA work experience to be able to get an H1B visa ?No. You do not need to have any US work experience to qualify for and be issued an H1B visa

How long does an H1B visa last for ? 
Under current law, you can be in H1B status for a maximum period of six (6) years at a time. After that time you must remain outside the USA for one year before another H1B petition can be approved. Certain people working on Defense Department projects may remain in H1B status for up to ten (10) years.

In addition, certain people may obtain an extension of H1B status beyond the 6 year maximum period, when:
1) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or
2) 365 days or more have passed since the filing of an EB immigrant petition.

Who can an H1B visa holder work for in the USA ? 
H1B holders can only work for the petitioning US employer (sponsor company) and only in the H1B activities (job duties) described in the visa petition that is filed by the H1B sponsoring company. The H1B sponsoring company (US employer) may place the H1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H1B holders may work for more than one US employer, but must have a Form I-129 petition approved by each employer.

What if the foreign nationals circumstances change ? 
As long as the foreign national continues to provide HB services for a US employer, most changes will not mean that an foreign national is out of status. A foreign national may change H1B employers without affecting status, but the new H1B employer must file a new Form I-129 petition for the foreign national before he or she begins working for the new employer. The merger or sale of an H1B employer’s business will not affect the foreign nationals status in many instances. However, if the change means that the foreign national is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.

Must an H1B employee be working at all times ?
As long as the H1B employer employee relationship exists, an H1B employee is still in status. An H1B employee may work in full or part-time employment and remain in status. An H1B employee may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

Can an H1B visa holder travel outside the USA ?
Yes. An H1B visa allows the holder to re-enter the USA during the validity period of the visa and approved petition.

Can an H1B visa holder intend to immigrate permanently to the USA ? 
Yes. An H1B visa is a "dual intent" visa and therefore the holder can obtain a Green Card and Lawful Permanent Resident in the United States.

What is the H1B cap (visa quota) ?
The H1B cap is an annual limitation on the number of new visas available for during a Fiscal year. The H1B cap is currently 65,000 + an additional 20,000 visas available to persons who have earned masters’ or higher degrees from U.S. institutions of higher education.

When can H1B visa applications be filed and how does the timing work ?
The H1B cap numbers become available at the beginning of each fiscal year. The government's fiscal year currently starts on October 1st. However, cases can be filed six months in advance of the requested start date. Therefore, cases can be filed on the preceding April 1st. Then the USCIS continues to accept cap cases for the current fiscal year until the quota is reached.

Can I begin working for my US employer once I have filed the H1B application ?
If it is a new (first time application) - NO. With new H1B applications the visa must be filed, processed and approved by the USCIS before the applicant can start work in the USA for the US employer (sponsor company)

However, if it is a 'Transfer' of a current 'valid' H1B visa to a new US employer - YES. If one is currently in H1B status with another company, then he/she can legally start working for the new employer upon USCIS’ receipt of the H1B petition.

If the H1B petition is approved as a change of employer (with I-94 card updated at the bottom of the approval notice), one may continue to work for the employer until the expiration date on the I-94 card / H1B approval notice. If the H1B petition is approved without an I-94 card, one may have to immediately stop working, depart the United States, apply for an H1B visa at a U.S. consulate in the home country, and finally be readmitted in H1B status before being authorized to continue working for the employer.

Why does an H1B transfer take so long ? Is there a quicker way for transferring an H1B ?
The process for filing an H1B "transfer" petition is the same as the process for filing a new H1B visa petition, since each H1B petition is employer specific. Therefore, it generally takes the same amount of time to process the H1B petition whether transeferring or new application.

The main difference between an H1B transfer and a new H1B petition is that one who already holds an H1B status is generally not subject to the H1B cap and does not need to wait until October 1st to start working, if the H1B quota has been used up for that fiscal year.

USCIS offers a Premium Processing Service for an additional visa filing fee. With H1B Premium Processing, USCIS will take action on a filed petition within fifteen (15) days of its receipt with the Service Center.

My friend and I both filed our H1B visa petition at the same time, but theirs is already approved. Why isn't mine approved yet?
Each USCIS service center and each USCIS officer has a different caseload and each one takes a different amount of time to process cases. Unfortunately, there is nothing to ensure that a case will be processed in the same amount of time as other cases.
In addition, one can upgrade their H1B petition to Premium Processing with USCIS at any time while it is pending with the USCIS if quicker processing is required.

Once I get an H1B visa, can I work for my employer in any state or different locations in the USA ?
The USCIS has taken the position that a person is only authorized to work at the specific location or in the metropolitan area listed on the Labor Condition Application (LCA) certified with the U.S. Department of Labor (DOL), and filed with the H1B petition. Generally, there must be a certified LCA for each location at which one will work, attesting that the H1B employer will comply with the H1B prevailing wage requirement for that local area.

There is a discrepancy between the DOL regulations and USCIS regulations with regard to an H1B employee's change in work sites. One requires an amendment to the H1B visa that includes certification of the new location and the other provides that certifying the LCA prior to the move is sufficient (i.e. an amended petition is not necessary). As this discrepancy creates a gray area of law, it is best to consult with an experienced US immigration attorney prior to working at a location not previously certified in the LCA or listed in the approved H1B petition in order to determine if one should file an H1B visa amendment with the USCIS.

I was in H1B status and changed to a different visa status. I am now ready to work in H1B status again. Do I get six more years in H1B status ?
No. The six-year clock in H1B status is not reset unless one leaves the United States for at least one year. As a result, the time previously spent in H1B status will be counted against the six-year H1B visa limit. Individuals who previously held H1B status in the last six years, and subsequently left the U.S. for at least a year, generally have the option of either using the time remaining in H1B status without being subject to the cap or applying for another six years of H1B employment subject to the cap.

I'm in F1 status and have a practical training work permit. If my work permit expires, do I have to stop working until the H1B approval comes through ?
Yes. One must stop working upon the expiration of the EAD or the OPT if an H1B cap case petition was not filed requesting a change of status prior to the expiration of the completion of the school program or end of optional practical training (as indicated on one’s employment authorization card). If a petition for a change of status is timely filed for an October 1st start date, then one may continue working between the expiration of the employment authorization and start of the H1B status (October 1st). If the petition is denied then one will no longer be eligible to remain and work in the U.S. pursuant to cap gap.

In general, one will not receive a new I-20 or be able to renew their employment authorization card. One should, however, keep their school’s designated official updated as to the status of the cap case so that the SEVIS records can be properly maintained.

If an H1B petition requesting a change of status is filed within the 60 day grace period that follows the conclusion of authorized employment (OPT) or the F1 academic program, then one may legally remain in the U.S. until the start of the H1B but will not have employment authorization. The individual will have to depart the U.S. if the H1B petition is denied.

If one is unable to file the H1B cap case and request a change of status petition prior to the conclusion of their F1 status or 60 day grace period, one should try to maintain status during this time, by enrolling in another program or changing to another nonimmigrant category, such as H4) in order to remain in the U.S. In these circumstances the petition may need to be prepared for consular processing and one should depart the US prior to the expiration of one's status. Upon approval, the US consulate abroad will be notified where one may apply for an H1B visa for entry into the U.S. in H1B status. If both one's petition and change-of-status request are approved (from F1 to H1B), then the approval notice should have an I-94 card attached at the bottom. View More Information on F1 to H1B Visa and OPT
Why do US employers hire and sponsor H1B workers every year ? There are a number of reasons why many US employers want to hire foreign national workers on H1B visas each year. A few of the main reasons include : to help maintain their Global competitive advantage by hiring highly skilled / highly educated 'specialty profession' workers, and/or to bring cultural diversity into their US workplace, and/or for the innovative and strong work ethics that International workers typically possess, and/or because of the extra level of committment they typically get from people that have relocated to start a new life in the USA, and/or for language skills and the ability to communicate more effectively in a Global work environment. H1B workers also contribute highly to the US economy in numerous ways, help fill labor shortages in many 'highly skilled' professions and have been instrumental in contributing to the success of many of Americas largest and most prestigious companies. 

The fact is: for various reasons, every year thousands of US employers recruit, hire and sponsor for H1B visas. To learn more about why US employers want and need highly skilled and educated H1B workers - 
click here

My spouse is in H4 visa status and was offered a job. Can he/she start work ?
No. H4 is a non-working status. It allows the spouse to live in the USA but not work.
In order to be legally authorized to work in the U.S., one who is in H4 status must have an employer file an H1B petition or petition for another working status (other working category). The petition must request a change of status and the spouse must meet all of the H1B requirements to change or transfer from H4 to H1B status. Once the H1B petition is approved, with the change of status (I-94 card attached), the spouse’s work authorization begins on the date on the approved petition. If the petition is approved but change of status is not approved (not issued the I-94 card), then one will need to travel to a U.S. Consulate abroad to obtain an H1B visa stamping before returning to the U.S to work pursuant to the H1B approval.

Under AC21, there may be circumstances in which a person in H4 status, who was previously on H1B, may be allowed to work upon USCIS’ receipt of the H1B petition.

I held H1B status and my spouse H4 status, but we did not know we had to apply separately to extend her H4 visa status. He/she has been out of status. What can I do ?
In this situation, one should contact an experienced U.S. immigration attorney immediately. This is a very difficult situation and the assistance of a knowledgeable professional will be required to develop a plan of action and help one to understand the risks and issues involved with each option. There is a strong likelihood that the 3-year or 10-year bar could apply against the spouse for failure to maintain lawful status if it goes beyond 180 days out of status. At the time of filing the H1B extension, many people assume that all dependents are automatically included. This is not the case.

My spouse and I both hold H1B status. I want to change my status to H4. Can I do this ?
Yes. To do this one needs to file an application with the USCIS to change status from H1B to H4 visa. In doing so, one must establish that both the primary H1B and the spouse are maintaining current legal status in order for the USCIS to approve the change of status. It is safest for one to continue working until the application is approved, although upon filing the H4 application for change of status, one generally is allowed to stop working.

I have an current and valid H1B visa. Can I start my own US company ?
If one is in H1B visa status and they wish to start and work for their own company a new H1B petition must be filed. The USCIS issued a memorandum back in January 2010 in which USCIS takes the approach that in such a case, when one “self-petitions,” the H1B application may not be successful because the petition may not be able to establish that the requisite employer / employee relationship exists. For immigration purposes, the employer / employee relationship must be present and this often may be difficult to establish in a closely-held, corporate entity. Other legal issues, as well as many practical business matters, may create obstacles, as well.

Please note that one may be able to passively invest without filing an H1B petition. Please be sure to consult with a qualified immigration attorney before taking any steps in starting one’s own company to ensure that you are not engaged in unauthorized employment.

I'm currently transferring my H1B visa to a new sponsor company. I want to travel to my home country while it's being filed. Is it legal for me to leave ?
Generally yes, this may be possible. The timing of such a trip can complicate the situation. Although there have been several changes in the Legacy USCIS's interpretations affecting those who travel abroad while a petition is pending, the safest option is to avoid international travel unless one has received the new H1B approval.

I have an H1B visa but want to file another H1B application with another H1B sponsoring company, but I want to wait before I start work. Can I do this ?
Yes. There is no obligation to begin work immediately. One must maintain lawful status by working for one of the H1B companies that has an approval for that individual. There is nothing to prevent one from waiting to begin work, especially if there is a project to finish. As long as the prior H1B employer has not revoked the H1B petition with the USCIS, or the petition has not expired, it still is legal to be working for the prior H1B sponsor company.

My H1B employer wants me to pay all the USCIS fees for filing my H1B visa petition. Is this allowed ?
No. The employer must pay the training fee for the petition, if applicable, and one should not enter into a reimbursement agreement with the employer. The employer must also pay the Fraud Fee, if applicable, and it is recommended that the employer also pay the base filing fee of $325. Either the employee or the employer may pay the $1,225 optional premium processing fee.

I am graduating from a master's program in the U.S. this year. Can I apply for the ADE quota when filing my H1B application?
This depends. If one would have completed all the requirements for the degree at the time of filing (April 1st), then he/she may apply for the ADE cap. It is not necessary to have the physical degree/diploma in one's possession. However, a letter should be submitted from the university stating that the degree has effectively been awarded and the diploma will be sent or presented at a later date. One should not apply for the masters' cap if the degree requirements will not be completely fulfilled by April 1st. 

How do I find an H1B Sponsorship job with a US Company that will file an H1B visa for me ?
The first and most important (and challenging) step of the process to obtain an H1B visa, is to find and secure an "H1B Sponsorship Employment Offer".

An H1B Sponsorship Employment Offer letter from a US employer is mandatory to file for an H1B visa application

There are many factors involved in obtaining an H1B visa sponsorship job offer, and successfully navigating the H1B visa process, procedures and laws. It's not easy and many Foreign nationals struggle and have a hard time achieving this part of the process. However, there are many proven methods, tools, resources and strategies you can take advantage of to help you, and, when approached and conducted in the right way, thousands of Foreign workers succeed every year

Start here:

USA Miami Beach : The Villa by Barton G. Reopens at Versace Mansion with Boutique Hotel, Restaurant, Event Space - The Kardashian clan (sisters Kim, Kourtney and Khloe) made a splash when they checked in last Thursday to open their Dash store on Collins Ave.

The Villa by Barton G. Reopens at Versace Mansion with Boutique Hotel, Restaurant, Event Space

USA Miami Beach : The Villa by Barton G. Reopens at Versace Mansion with Boutique Hotel, Restaurant, Event Space

The wrought iron gates of the Versace Mansion—lined with the designer’s signature Greek key pattern and the ever present medusa logo in gold bas relief—has been a fixture of fascination for passersby on Ocean Drive since the designer’s untimely murder on its steps in 1997 at the age of 50.
Curiosity about the lavish world that exists beyond those gilded gates is what lends the home its mystique. With a stern and ever present security guard and velvet rope at the entrance, it's not open to the public for visitation or tours. While the property has changed hands a few times since Gianni Versace’s death, its most recent acquisition was by the Nakash family of Jordache Enterprises for $41.5 million dollars in October 2013. The family also purchased the Hotel Victor next door.

USA Miami Beach : The Villa by Barton G. Reopens at Versace Mansion with Boutique Hotel, Restaurant, Event Space

It remained dormant during the acquisition, but the Villa by Barton G. (1116 Ocean Dr., Miami Beach; 305-576-803, has been reinstated as of this February with a new restaurant concept Il Sole, a 10-room boutique hotel and a private event space.
Amongst the first guests to the newly opened hotel? The Kardashian clan (sisters Kim, Kourtney and Khloe) made a splash when they checked in last Thursday to open their Dash store on Collins Ave.
The digs beyond the gate certainly are lavish. Perhaps the most impressive sight is the Mosaic Garden courtyard with an enormous pebbled medusa inlaid in the deck leading to the 54’ Thousand Mosaic swimming pool lined in 24 karat gold and designed by Versace, himself.
USA Miami Beach : The Villa by Barton G. Reopens at Versace Mansion with Boutique Hotel, Restaurant, Event Space

And it only gets more over the top from there. With custom bedrooms originally designed for Versace’s friends and frequent guests, including Madonna, Elton John, Princess Diana and his sister Donatella, the original artwork and flourishes are a feast for the eyes. Palm fronds are painted on ceilings as the centerpiece to twinkling chandeliers. Elaborate gilded wooden headboards adorn double-king sized beds and tapestries are layered on top of marble floors in an array of detailed Baroque patterns.
The effect is excessively luxurious, bordering on gaudy (Donatella’s room is covered in animal print on every surface imaginable) and sometimes has the musty smell of a museum. But you’re never at a loss for a new discovery, as general manager Roaseann Grippo points out, showing us a tiny medusa head she only recently discovered adorning a storm drain while rearranging patio furniture.
Access to the sumptuous world created by Versace can be gained one of three ways. You can reserve a room with rates starting at $795 per night. The designer’s former 1,174 square-foot Villa Suite bedroom is even available for a truly intimate peek into the man. Perhaps more cost effectively, dinner guests at Il Sole can enjoy an evening lingering in the courtyard by the pool while feasting on Chef Scott Linquist and Executive Pastry Chef Luis Vasquez's creations served on Versace-designed Rosenthal china. And the mansion is available for buyouts, often catering to corporate events and weddings.

Saturday, April 12, 2014

How to Become a USA Citizen - USA Citizenship and Naturalization Guide

USA Citizenship and Naturalization Guide

How to Become a USA Citizen

How to Become a USA Citizen

Naturalization is the way immigrants become Citizens of the United States. 
If you were not born a citizen, you become one through naturalization. Citizenship is a lifetime benefit bestowed upon you. 

How to Become a USA Citizen

How to Become a USA Citizen 

How to Become a USA Citizen - Guide

How to Become a USA Citizen

As a citizen, you get unique rights and privileges which include the right to vote, having a U.S. passport , the U.S. government's protection when abroad and the right to petition for green cards for your children and close relatives. As a U.S. citizen, you cannot be deported or lose your citizenship even if you commit a crime or choose to live elsewhere in the world, unless you misrepresented yourself to get citizenship or were ineligible at the time.

Who is Eligable 

A person may become a U.S. citizen 
1) by birth 
2) through naturalization (applicable for Green Card holders/ Permanent Residents). 

To become a US Citizen through Naturalization you must meet the following requirements; 
Age - You must be at least 18 years old. 

Residency - You must have been lawfully admitted to the United States for permanent residence (have a Green card). Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status. 

Residence and Physical Presence 
You are eligible to file if, immediately preceding the filing of the application, you: 
· were lawfully admitted for permanent residence; 
· have resided continuously as a lawful permanent resident (Green Card holder) in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year; 
· have been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year will disrupt your continuity of residence unless the you can establish that you did not abandon your residence during this period) 
· have resided within a state or district for at least three months 

Good Moral Character 
Generally, you must show that you have been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether you have established good moral character. You are permanently barred from naturalization if you have ever been convicted of murder. You are also permanently barred from naturalization if you have been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. You also cannot be found to be a person of good moral character if during the last five years you: 
· committed and have been convicted of one or more crimes involving moral turpitude 
· committed and have been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more 
· committed and have been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana 
· been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more 
· committed and have been convicted of two or more gambling offenses 
· have earned your principal income from illegal gambling 
· have been involved in prostitution or commercialized vice 
· have been involved in smuggling illegal aliens into the United States 
· have been a habitual drunkard 
· are practicing or have practiced polygamy 
· have willfully failed or refused to support dependents 
· have given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act. 
You must disclose all relevant facts to the Service, including your entire criminal history, regardless of whether the criminal history disqualifies you under the enumerated provisions. 

Attachment to the Constitution 
You must show that you are attached to the principles of the Constitution of the United States 

You must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing: 
· have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 15 years or more and are over 55 years of age; 
· have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 20 years or more and are over 50 years of age; or 
· have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn English 

United States Government and History Knowledge 
You must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Applicants exempt from this requirement are those who, on the date of filing, have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn U.S. History and Government 
Applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special condsideration in satisfying this requirement. 

Citizenship Quick Guide 
1) If you meet the requirements to become a US Citizen, you can use the "Application for Naturalization" (Form N-400) to apply for Citizenship. 
2) You should send your completed form to the appropriate USCIS Service Center in your State. 
3) The time it takes to be naturalized varies from one USCIS hearing office to another. The USCIS is currently modernizing and improving the naturalization process and projects it will take between 6 and 9 months to become naturalized. 
4) After the USCIS has received your application, they will notify you of the location where you should get fingerprinted. 
5) Do not miss your interview. If you cannot make your interview for any reason, you must notify the office where your interview is scheduled by mail as soon as possible. In your letter, you should ask to have your interview rescheduled. Rescheduling an interview may add several months to the naturalization process. 
If an emergency arises and you absolutely cannot make your appointment, call the National Customer Service Center at 1-800-375-5283 to request rescheduling. The NCSC will record the information, and pass it on to your local office. 
If you do not notify the USCIS, they will "administratively close" your case. If you do not contact the USCIS to schedule a new interview within 1 year after your case is closed, your application will be denied - full stop. The USCIS will NOT notify you if they close your case because you missed your interview. 
6) If after your interview your application is denied, there will be an administrative review. If you believe that you have been wrongly denied naturalization, you may request a hearing with an immigration officer. Your denial letter will explain how to request a hearing and will include the form you need. The form for filing an appeal is the "Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the Act" (Form N-336). 

The Oath of Allegiance 
By taking the oath of allegiance you swear to: 
· support the Constitution and obey the laws of the U.S.; 
· renounce any foreign allegiance and/or foreign title; and 
· bear arms for the Armed Forces of the U.S. or perform services for the government of the U.S. when required. 

In exceptional circumstances, where the applicant establishes that they are opposed to any type of service in armed forces based on religious grounds, the USCIS will permit these applicants to take a modified oath. 

The oath of allegiance is: 
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God." 

In some cases, USCIS allows the oath to be taken without the clauses: 
". . .that I will bear arms on behalf of the United States when required by law; that I will perform noncombatant service in the Armed Forces of the United States when required by law. . .


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