A job I am considering has the following requirement -------------------->
To conform to U.S. Government technology export regulations, applicant must be a U.S. citizen, lawful permanent resident of the U.S., protected individual as defined by 8 U.S.C. 1324b(a)(3), or eligible to obtain the required authorizations from the U.S. Department of State <-------------------------
I currently work in the US on a commercial H1B visa. I expect to get permanent residence within 2 years.
Do I have to wait for 2 years before I am eligible or can I apply for a clearance earlier?
Employment / Labor Attorney
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5 lawyers agree
Am afraid you'll have to wait until you attain permanent residence, or depending on your nationality, even citizenship.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
3 lawyers agree
If permanent residence is required for the clearance, then you must have permanent residence to get the clearance.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
1 lawyer agrees