The initial registration period for the FY2020 H-1B cap will open at noon Eastern Standard Time on March 1 and run through noon EST [...]
One of our clients was recently approved for a TN visa. The applicant was granted the visa as a Management Consultant based on five years [...]
E-2 Visa approval for an IT Consulting Company at the U.S. Embassy in Warsaw for a National of Poland
We just had an E-2 employee visa approval at the U.S. Embassy in Warsaw. The business provides IT consulting services. The applicant has extensive [...]
Starting this year, all prospective H-1B applicants must first be registered online on the USCIS myUSCIS website in order to be in the pool [...]
What is the Last Action Rule? Should I be worried when I travel internationally after the H-1B petition was approved but before the H-1B effective start date?
Let’s analyze the following scenario: You were in the U.S. on a post-completion OPT and found an employer willing to sponsor you for an [...]
Can My Family or Friends Loan me Money for an E-2 Investment? Do I Need a Loan Agreement if the Loan is from Family or Friends?
An E-2 investor visa allows foreign nationals of certain countries to run a business in the United States. They must own at least 50% [...]
On February 6, 2020, a federal district judge has issued a permanent injunction to prevent USCIS from implementing the May 2018 Unlawful Presence Rule [...]
A data research scientist who is working as a software developer self-petitioned for an EB-1A and was able to obtain an approval in just [...]
My child is a U.S. citizen. Can he/she sponsor me for a green card? Can I put my non-U.S. citizen child as a derivative beneficiary on the I-130 petition?
If your child is a U.S. citizen and is 21 or older, he/she can sponsor you for a green card under the immediate relative [...]
What is a transfer of underlying basis request? What factors does USCIS consider when adjudicating the transfer requests for Green Cards?
Let’s analyze the following scenario: Your employer filed an employment based petition (I-140) and you filed an Adjustment of Status application based on the [...]
Can I apply for an E-2 visa if I enter on a B-2 Visa? Can I Change status to E-2 if I am not in B-1 status? Can I change status to E-2?
While most E-2 visas are filed at U.S. Consulates abroad, there are some instances where an applicant may apply for a change of status [...]
Is the O-1 Visa a “Dual-Intent” Visa? Can I Seek a Green Card While on the O-1 Visa? Can I Renew My O-1 Visa While I Have a Pending Green Card Petition?
The O-1 nonimmigrant visa is for individuals who show they are extraordinary in a particular field. For more information about O-1 petitions, please click here. [...]
What do I do if I lose my Passport with my Visa? What do I do if I lost my Passport with a Visa? What happens if my Passport with my Visa expires?
In some cases, visas are issued for up to 10 years. For example, B-1 and B-2 visas can be issued for 10 years and [...]
How do I show Control for an E-2 visa? Do I have to own 51% of a company to get an E-2 visa? Does an E-2 visa require 50% or 51% ownership?
An E-2 visa has a number of requirements including investing money and hiring U.S. workers. The visa is only available to nationals from certain [...]
We just received an H-1B approval from USCIS for a cap-subject H-1B. The applicant is an Engineer and has a Master’s Degree in Engineering from a [...]
State Department Requesting Expedited Review with Aims to Implement Public Charge Rule on February 24 to Coincide with Department of State’s Public Charge Rule
The State Department is working to expedite their new public charge rules in an effort to implements the rule on February 24, the same [...]
1. What is the O-1 nonimmigrant classification? The O-1 is a nonimmigrant employment-based visa classification for a person of extraordinary ability in the sciences, [...]
If your green card application is pending and you need to travel outside the U.S., you have to have an Advance Parole card. There [...]
If my business changes, do I need a New E-2 Visa? If I file a substantial change with USCIS for an E-2, do I need a new Visa? What is required if my E-2 business changes?
An E-2 visa is approved based on the specific business and documents that are presented to a Consulate or USCIS. This documentation normally includes [...]
Kelly LeGrand Weiner and Michaela Vrazdova of Scott Legal Selected for Leadership roles on Committees for AILA’s New York Chapter
For the 2019-2020 year, our Managing Attorney, Kelly LeGrand Weiner and Associate, Michaela Vrazdova have been serving in leadership roles on the Corporate Practice [...]
Our Managing Attorney, Kelly LeGrand Weiner has been selected to sit on a panel with other immigration attorneys to share knowledge on B visas [...]
On top of travel restrictions of travelers from China starting on February 2, 2020, U.S. Consulates are also delaying visa issues to foreign nationals [...]
Do I have to Live in the U.S. if I get an E-2 Visa? Do I have to Live in the U.S. if I get an E-1 Visa? Does an E-1 or E-2 visa require that I reside in the U.S?
An E-2 visas allow applicants to live and work in the U.S. based on either starting or buying a U.S. business. The E-2 visa [...]
I want to apply for an E-2 visa. Can my spouse apply for an E-2 spousal visa? Do we have to apply at the same time? What documents should my spouse bring to the interview?
If you are applying for an E-2 investor or an E-2 employee visa, your spouse may apply for an E-2 spousal visa. Please note [...]
On January 31, 2020, President Trump signed a presidential proclamation that suspended certain immigrant visas to foreign nationals from Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, [...]
The White House issued a presidential proclamation imposing travel restrictions and quarantines on travelers from China starting on February 2, 2020 due to the [...]
Can I qualify for a TN visa if I do not have a Degree? Can I Qualify for a TN Visa with only work experience? What type of job can I qualify for?
The TN visa is available to Mexican and Canadian nationals who are coming to the U.S. to engage in business at a professional level. [...]
Can I change My Adjustment of Status Application from an Employment-Based Petition (I-140) into a Family-Based Petition (I-130)? What Are the Eligibility Requirements?
Interfiling is an administrative procedure described in the USCIS Policy Manual. It is possible for an applicant whose application is based on a particular [...]
What is the New H-1B Registration Process? What is changing for H-1B petitions this year? Will there be a lottery for H-1B petitions? What is the new H-1B registration Process?
On January 9, 2020, USCIS formally announced details of the new H-1B cap registration process for FY 2021. The H-1B visa is a nonimmigrant [...]