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Filed: Citizen (apr) Country: Australia
Timeline
Posted

Good morning all,

My US citizen spouse has accepted a contact overseas, working for an American public university in the field of student recruitment and study abroad.

Unfortunately her university isn't one of those recognised by the AG in the list.

However, I wonder if her job would be covered under an "American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the ​United States​, or a subsidiary thereof​;"

I found the following definition of trade as follows;​

"the exchange, purchase, or sale of goods and/or services. Goods are tangible commodities or merchandise having intrinsic value. Services are economic activities whose outputs are other than tangible goods. Such service activities include, but are not limited to, banking, insurance, transportation, communications and data processing, advertising, accounting, design and engineering, management consulting, tourism, and technology transfer" - Memo, Grover J. Rees III, INS General Counsel, Interpretation of “Foreign Trade and Commerce” for Purposes of Section 319(b) of the Act, HQ 319-C (Feb. 23, 1993).

What are your thoughts?

Thanks :-)

Filed: Timeline
Posted
doubtful... - a public university is not a corporation or firm is it? I mean its funded by public means ie the government right? But anyway you can double check------------>


On October 20, 2010 a rule was re-established regarding the “continuous residence” required by the American naturalization rules for citizenship. The new rule is that when an applicant’s employer is a publicly held corporation that is incorporated in the USA and trades its stock exclusively on USA stock markets, the employer is deemed an “American firm or corporation.” See Matter of Chawathe, 25 I & N Dec. 369 (AAO) 2010.


The USA public stockmarkets include the NYSE (New York Stock Exchange), NASDAQ (Nasdaq Stock Market), the AMEX aka NYSE Amex Equities (American Stock Exchange) the PHLX (Philadelphia Stock Exchange), the CHX (Chicago Stock Exchange, the BSE (Boston Stock Exchange and the NSX (National Stock Exchange).


An SEC Form 10-K is the name of a report that publicly held American corporations must file with the SEC (Securities and Exchange Commission) on an annual basis and the report provides a comprehensive overview of a company’s business. The SEC Form 10-K report has been accepted by immigration officials as credible proof that a company is both incorporated in the United States and that it is a publicly held corporation whose stock is exclusively sold on an American stock exchange.

 
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