What does it mean that a company needs a qualifying relationship to sponsor an L1A visa? What is a “qualifying relationship” in the context of an L-1 visa?

An L-1 visa is a great visa for an employee or owner of a company abroad who wants to transfer to a U.S. office or open an office in the United States. For these visa applications there are always two work sites involved (although not always two legal entities), as

Read More

What is a Registered Agent and Do I Need One to Form a Company?

Starting a business brings up many questions; some fundamental questions include what type of business entity to choose, where you want to start your business and how to go about incorporating or registering your business. Every state has its own requirements for what must be included in an initial business

Read More

Can I apply for an E-2 visa with minimal startup costs? If I am starting a consulting firm with almost no overhead to startup, why do I need to make expenses now for an E-2 Visa?

One common question from entrepreneurs applying for an E-2 visa is how much money needs to be invested in the Company. The answer to this question depends on a number of variables, including the type of business, what the startup costs are, and how much it costs to start that

Read More

If I am a dual citizen, what nationality can I use when applying for an E-2 visa? If I am already in the U.S. and am a dual citizen, which nationality can I use to change to E-2 status?

In order to be eligible for an E-2 visa, an applicant must be a national of a country that has an E-2 treaty with the United States. A full list of countries can be viewed by clicking here. If I am a dual citizen, what nationality can I use when

Read More

Jose G. Rivera, Esq. se une a Scott Legal, P.C.

Nos complace anunciar que Jose G. Rivera, Esq. se unirá a Scott Legal P.C. como un asociado en nuestra oficina de Nueva York el 15 de Noviembre de 2016. El Sr. Rivera se centrará principalmente en el derecho de negocios y las visas de inversionista. El Sr. Rivera obtuvo su

Read More

Can I volunteer while on an E2 visa? What types of volunteer activities are acceptable? Does volunteering ever count as work?

An E-2 Visa is a great visa option for an individual who wants to start a business in the U.S. The full set of E-2 visa requirements can be found by clicking here. The E-2 visa permits the visa holder to work specifically for the E-2 company only, although there is

Read More

How will a Trump Win Impact my E-2 Visa? Will the E-2 Visa Program be Eliminated under Trump? Can I still get an E-2 Visa with Trump as President?

On November 8th, Donald Trump surprised the world and won the U.S. election.  Since the election, we have received numerous questions from our E-2 visa clients and prospective clients as they are concerned that the E-2 visa program may be in jeopardy.  An E-2 visa is a visa that allows

Read More

Jose G. Rivera, Esq. Joins Scott Legal, P.C.

We are pleased to announce that Jose G. Rivera, Esq. will join Scott Legal P.C. as a full-time associate in our New York office on November 15, 2016. Mr. Rivera will focus primarily on business law and investor visas. Mr. Rivera earned his juris doctorate from New York Law School

Read More

How Will a Trump Presidency Impact Immigration Law? What Will Happen to My Visa now that Trump has been Elected? Will I be Deported now that Trump Won?

Last week I would never have thought that I would be writing an article on how a Trump Presidency could impact immigration but here we are.  We have received a flood of calls from the public and our clients asking how a Trump presidency will impact them and understandably many

Read More

What are my Rights and Responsibilities as a Green Card Holder? How do I Maintain my Permanent Residence?

A “green card” or permanent resident card is a document that shows a that a person can stay in the U.S. and work here in almost any capacity. One is eligible to apply for permanent residence/green card through certain family relationships, a job offer or employment that meets certain criteria,

Read More

Do I have to Hire Full-Time Employees to get an E-2 Visa? Can I Hire Independent Contractors and get an E-2 Visa? Can I Hire Part-Time Employees and get an E-2 Visa? Can I Hire an Intern and Get an E-2 Visa? Do I have to Hire U.S. Workers to Get an E-2 Visa?

An E-2 visa is a good visa for someone who wants to start or purchase a business in the United States.  The applicant must be from one of the treaty countries, must invest money in the business, and must also ultimately hire U.S. workers. A full set of the E-2

Read More

Applying for a Visa is Getting More Expensive – USCIS Visa Fees will Increase in December

Are you thinking about applying for a visa?  If so, you might want to consider filing your application quickly to save some money as USCIS is going to raise filing fees.  In some cases, the increase in fees is almost 200% and on average filing fees will increase by 21%. 

Read More

What If I am Not From An E-2 Treaty Country? Are There Visa Options for People who are not from an E-2 Visa Country?

An E-2 visa is an investor visa granted to investors or entrepreneurs who want to start or buy a business in the U.S.. If you are a national of one of the E-2 Visa Treaty Countries and you are interested in launching a startup or purchasing a business in the

Read More

Getting an L-1A visa for a new office: How to make the most of your time and prepare for the renewal. Some Effective L-1A New Office Strategies

An L-1A visa is a great visa for an employee or owner of a company abroad who wants to transfer to a U.S. office or open a new office in the United States. Opening a new office permits a foreign employer to transfer an employee to a managerial or executive

Read More

What is a visa quota? If I am a dual citizen, what country am I assigned to for visa quotas? What country are my spouse and I assigned to for visa quotas if we were born in different countries?

What is a visa quota? Every immigrant visa category has a quota on the number of visas that can be issued annually, and within these quotas, there is also a limit on the number of visas that can be issued to individuals from different countries each year. Every person with

Read More

Can I Apply for an E-2 Visa When I Have a Pending Immigration Petition?

E-2 Investor Visa An E-2 visa is an investor visa granted to entrepreneurs who want to start or buy a business in the United States. If you are a national of one of the E-2 Visa Treaty Countries and you are interested in launching a startup or purchasing a business

Read More

How is an L-1A visa for a new office different than a regular L-1A visa application?

What is an L-1A visa? An L-1A visa permits a foreign employer to transfer an employee to a managerial or executive role at a U.S. company. The employee must have worked at the foreign company in a managerial, executive or specialized knowledge role for at least a year prior to

Read More

What happens if I get married when I am the beneficiary of a family based immigrant petition? Will my family-based preference category change if I get married or divorced?

Legal Permanent Residents and U.S. Citizens are usually able to submit immigration petitions for their children. The ability for parents to sponsor their children for green cards and length of time that they need to wait for a green card to be available ultimately depends both the child’s age and

Read More

How Long Can an E-2 Visa be Issued for? What is the Difference Between Visa Validity Period, Reciprocity Period and Authorized Period of Stay?

An E-2 visa is an investor visa granted to entrepreneurs who want to start or buy a business in the United States. The investor must invest a substantial amount of money in an enterprise that must ultimately create U.S. jobs. The investor must be from a designated country, meaning a

Read More

Should I go to a U.S. Consulate to get an E-2 Visa or change to E-2 status in the United States? (Part 2: Applying for a Change of Status with USCIS)

An E-2 visa is a great visa for a person who wants to launch a startup or purchase a business in the United States. In order to obtain the visa the applicant must invest in a business in the United States, be a national of a treaty country and ultimately hire

Read More

Should I go to a U.S. Consulate to get an E-2 Visa or change to E-2 status in the United States? (Part 1: Applying at the Consulate)

An E-2 visa is a great visa for a person who wants to launch a startup or purchase a business in the United States. In order to obtain the visa the applicant must invest in a business in the United States, be a national of a treaty country and ultimately hire

Read More

Can I get work authorization as the spouse of an H-1B visa holder? Can I work if my spouse has an H-1B visa and has applied for an immigrant visa?

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. Spouses and children of H-1B visa holders may accompany their family member to the U.S. in H-4 status, however H-4 dependent spouses of H-1B visa holders usually cannot work in the United States.

Read More

Is Form I-797 Notice of Action a Visa? Can I use Form I-797 to Enter the United States? What is Form I-797 Used for?

Form I-797 is a form used by U.S. Citizenship and Immigration Services (USCIS) to communicate with customers or convey an immigration benefit. This is not a form that an applicant can fill out but is correspondence from USCIS notifying an applicant regarding an action taken on their immigration application. There

Read More

Can my step-child obtain a visa from me? Can my adopted child obtain a visa from me? If I am a child’s legal guardian, can the child obtain any immigration benefits?

Can my step-child obtain a visa from me? Immigration treats step-children and biological children for the most part identically. If you married your step-child’s biological parent before your step-child turned 18, and the marriage was not fraudulent, your step-child is entitled to most of the same immigration benefits that a

Read More

How will my E-2 investment be calculated? Can I apply for an E-2 visa if my investment was made several years ago? Can I include expenditures in my E-2 investment that were made before I started the business?

An E-2 visa is an investor visa that allows an entrepreneur to start a business, invest in a business or purchase a business in the United States. The visa can be renewed indefinitely as long as the E-2 requirements are met and the business continues to operate successfully and hires U.S. workers. One

Read More