Is there a new visa for start-ups? What is the proposed new visa for entrepreneurs? – A look at the new rule for parole for international entrepreneurs

The Department of Homeland Security (DHS) has proposed a rule to allow international entrepreneurs to have temporary permission to be in the United States in order to start and develop their businesses. This is only a proposed rule and has not yet gone into effect and the DHS is accepting

Read More

What Happens After I Submit an Immigration Petition? What are the different responses I can get when I submit an Immigration Petition to the Government?

When an applicant submits an immigration petition to the U.S. government there are a number of different possible outcomes.  The best outcome is, of course, an approval but there are other possibilities.  The possibilities depend on a number of factors including whether you are applying for an immigration benefit at

Read More

A New Immigration Rule that May Help You – Can I get a green card if I live in the U.S. without any legal status? What is the New Provisional Waiver Rule?

In most cases, a person must have some sort of legal status in order to apply for and obtain a green card in the U.S.  There are exceptions; however, for the majority of cases, if you are out of status, you won’t be able to get a green card while

Read More

Why Hiring a Lawyer to Draft Your Business Plan Can Increase Your Chances of Approval for an E-2 Visa

Abbreviations, jargon, and buzzwords.  Every profession is plagued with obscure, industry-specific vocabulary.  We routinely use these terms and phrases and because careers are such an important part of our lives, we often take for granted that they are not part of everyday parlance.  In fact, these words may have absolutely

Read More

What is the Impact on an H-1B Petition if an Employee Takes Paid or Unpaid Leave?

If you are in H-1B status and decide to take a leave of absence, you may wonder what happens to your visa status.  The impact on immigration status is dependent on the type of leave that an employee takes and can have immigration and Department of Labor (DOL) consequences.  Here

Read More

Cancellation of Removal: A Remedy for Immediate Relatives of U.S. Citizens or Lawful Permanent Residents in Removal Proceedings with Deep and Enduring Ties in the U.S. – PART I: Relief for non-LPRs

PART I: Relief for Non-LPRs What is Cancellation of Removal? Cancellation of removal is an immigration remedy available to immediate relatives of U.S. Citizens and Legal Permanent Residents (LPRs or Green Card Holders) with good moral character and are able to establish that their removal would result in exceptional and

Read More

Are There Green Card Options When I have Overstayed My Visa? What is the 245i Waiver and How can it Help Me?

What is 245i? Can it help me get a green card? INA §245(i) is a provision in the Immigration and Nationality Act of the United States, which allows certain persons who have an immigrant visa immediately available but entered without inspection or otherwise violated their status to adjust status in

Read More

New Trends in RFE Requests as H-1B Season Approaches – Stay Informed

It is almost H-1B Visa season!  USCIS will start accepting H-1B applications on April 1, 2016.  Over 100,000 H-1B Visas applications are expected to be submitted to USCIS, but only 85,000 will be accepted—the regular H-1B Visa Cap is 65,000 and the US Master Degree H-1B Visa Cap is 20,000

Read More

The National Visa Center launched new EB-5 Investor Assistance Desk on February 22, 2016

Starting February 22, 2016, National Visa Center (NVC) customers with questions related to an approved I-526 petition will now be able to correspond with the National Visa Center (NVC) using a dedicated e-mail address: NVCeb5@state.gov. Upon receipt of an approved petition from USCIS, the Investor Assistance Desk will oversee the addition

Read More

Considering Buying a Business in the United States? What are the Key Elements of a Purchase Sale Agreement for a Business?

What are the Key Elements of a Purchase Sale Agreement for a Business? A Purchase Sale Agreement is the legal document that specifies all of the terms and conditions associated with the purchase and sale of a company or the assets.  The document outlines the price, the payment method (For

Read More

Considering Buying a Business in the United States? What are the Key Provisions in an Operating Agreement?

What are the Key Provisions in an Operating Agreement? A limited liability company is a business entity structure that limits your liability to the assets invested in the company.  As such, if the business is ever sued, the owner or owners of an LLC is/are not personally liable.  LLCs were

Read More

Considering Buying a Business in the United States? Key Considerations of Buying a Business

Key Considerations of Buying a Business Buying an existing business can eliminate some of the risks associated with starting a business from scratch.  This is especially the case if the existing business has a good track record and/or an established client base.  While there are significant benefits associated with buying

Read More

Moving to the U.S.? 3 Easy Steps to Obtain your Social Security Number

If you are moving to the United States temporarily to work you will need a Social Security number (SSN). It is relatively easy to obtain a Social Security number once you arrive in the United States by following the steps below: Gather all necessary documents – If you are a

Read More

Immigration Tips for the New Year

According to a recent United Nations report, global migration increased by 41% since 2000, reaching 244 million in 2015, with 20 million of those refugees fleeing countries experiencing civil strife, such as Syria and Central America. The United States took in the largest portion of the world’s migrants with 47 million

Read More

¿Cómo Puedo Ayudar a Mis Familiares a Obtener una Green Card? Patrocinando a un Familiar Como Portador de Green Card

Yo tengo tengo mi Green Card, ¿puedo patrocinar a mis familiares para Green Cards? Si, como portador de green card y un residente permanente legal en los Estados Unidos usted es elegible para patrocinar a ciertos familiares. Usted puede tramitar una Petición Para un Pariente Extranjero I-130. En esta petición

Read More

E-2 Visa Granted by USCIS for Halal Grocery Investor from Bangladesh

We just received approval for an E-2 visa and change of status applications filed at the United States Citizenship and Immigration Services (USCIS) for a Bangladeshi investor and his family. The applicant invested in and became majority owner of a Halal grocery. Please note that past results do not predict future outcome.

Read More

Nais Mo bang Magtayo o Magsimula ng Negosyo sa Estados Unidos? Puede ang E-2 Visa Para Sa Iyo!

Ang ideya ba ng pagsisimula ng iyong sariling negosyo ay isang bagay na palagi mong naiisip? Kung ganun nga, pareho tayo! Dahil hindi ako isang green card holder, hindi ko naisip na isang opsyon para sa akin ang magtayo ng sariling negosyo dito sa Estados Unidos. Hindi rin ako nahikayat na

Read More

E-2 Investor Visas for Consulting & Research Firm for two Turkish Nationals Approved at the Consulate in Istanbul

We just received approval for an E-2 visa application at the US consulate in Istanbul, Turkey for two Turkish nationals. The applicants started a corporate consulting and research firm. Please note that past results do not predict future outcome. Please contact Scott Legal, P.C. for all of your immigration and

Read More

Congress extends EB-5 Regional Center Program until September 30, 2016

The news that a lot of immigration advocates and immigrant investors are waiting for – Congress extends the EB-5 Regional Center Program until September 30, 2016! The EB-5 investor visa is a green card option for an immigrant entrepreneur that would like to buy or start a business (Direct Investment)

Read More

How Can I Help My Family Members Get Green Cards? Sponsoring Family Members as a Green Card Holder

I have my Green Card. Can I sponsor my family members for Green Cards? Yes, as a green card holder and legal permanent resident in the United States you are eligible to sponsor certain family members. You may file an I-130 Alien Relative Petition for your spouse and your children

Read More

How Long Will it Take to Process my E-2 Visa?

How Long Does it Take to get an E-2 Visa? An E-2 visa is an investor visa option for an individual or company that wants to start business operations in the United States. The visa requires a relatively small investment amount and the business must ultimately create U.S. jobs. A

Read More

USCIS Releases Draft for Extreme Hardship Policy Guidance for Comment

On October 6, 2015, the U.S. Citizenship and Immigration Services (USCIS) posted several sections of the USCIS Policy Manual, for public input and comments. The USCIS Policy Manual is the agency’s centralized online repository for USCIS’s immigration policies. One of the sections is a draft extreme hardship policy guidance for

Read More

Do I Need a Business Plan to get an L-1 Visa?

I want to sponsor an employee for an L-1 visa. Does my company need a business plan? Yes, generally all L-1 visa petitions should include a business plan for the U.S. company. However, the importance of the business plan may vary, depending on the size of the company and whether

Read More

Immigration Fraud: Don’t Be a Victim

On June 2nd 2015, the Daily News reported that a 69-year-old man from Brooklyn scammed area residents out of thousands of dollars by posing as an immigration attorney licensed to provide immigration services. His fraud was uncovered as a result of an undercover sting operation by law enforcement. He is

Read More

How Does Source of Funds for EB-5 Work?

Example of EB-5 Source of Funds Information for a Family Gift When filing an EB-5 investor petition (I-526 Petition), an investor must prove the money they are investing comes from a “legitimate source” and that the money was “obtained through lawful means.” An investor must also provide a clear path

Read More