February | 2020 | | Scott Legal, P.C.

E-2 Visa

FY H-1B Cap Registration Starts March 1!

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 on March 20. During this time, prospective petitioners and legal representatives will be able to fill…

Jenny ZhanFebruary 28, 2020

Approvals

TN Visa approval for a Management Consultant for Canadian National

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 of experience in a specialty related to the consulting agreement. Management Consultants are one of the…

Jenny ZhanFebruary 28, 2020

Immigration

H-2B Cap Reached for FY 2020

USCIS has announced that the H-2B nonimmigrant visa quota has been reached. USCIS has conducted the lottery on February 20 and petitions that have not bee selected will be returned to the companies. The H-2A program allows U.S. employers or…

Jenny ZhanFebruary 27, 2020

Approvals

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 experience and will be a senior manager in the company. The visa was granted for 1…

Jenny ZhanFebruary 26, 2020

H-1B Visa

Petitioners can now Create Online Accounts for H-1B Lottery Registration

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 for the H-1B visa lottery. Online account creation is now available for prospective petitioners and legal…

Jenny ZhanFebruary 25, 2020

H-1B Visa

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 H-1B visa. The employer filed an H-1B cap petition that got approved in July with the…

Jenny ZhanFebruary 24, 2020

E-2 Visa Investor Visas

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% of the business, invest a substantial amount of their personal funds and be planning to develop…

Jenny ZhanFebruary 24, 2020

Approvals

E-2 Visa Approval in Toronto for a National of Grenada

We just had an E-2 visa approval at the U.S. Consulate in Toronto. The visa was approved for a Grenadian national who had completed his masters degree and was on his STEM OPT in the U.S. The visa was approved…

Jenny ZhanFebruary 21, 2020

Immigration Law Changes & New Law

Permanent Injunction on Unlawful Presence Rule for Students and Exchange Visitors

On February 6, 2020, a federal district judge has issued a permanent injunction to prevent USCIS from implementing the May 2018 Unlawful Presence Rule for students and exchange visitors. On May 18, 2018, USCIS issued a memorandum announcing that it…

Jenny ZhanFebruary 19, 2020

Approvals

Self-Petitioned EB-1A Extraordinary Ability Petition for Green Card for a National of India

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 10 days. Our client’s field of expertise was highly specialized and he had made significant, original…

Jenny ZhanFebruary 17, 2020

Family Immigration Immigration

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 of a U.S. citizen category. If your U.S. citizen child wants to sponsor you and your…

Jenny ZhanFebruary 17, 2020

Family Immigration Immigration

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 approved employment-based petition. Your green card petition is currently pending and you now married a U.S.…

Jenny ZhanFebruary 17, 2020

E-2 Visa

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 while in the U.S. For example, an applicant could enter the U.S. on B status and…

Jenny ZhanFebruary 14, 2020

Extraordinary Ability

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. The O-1 visa allows individuals to live and work in the United States for a temporary…

Jenny ZhanFebruary 14, 2020

E-1 Visa E-2 Visa EB-5 Visa H-1B Visa Investor Visas L-1 Visa TN Visa

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 E-1 and E-2 visas can be issued for 5 years. With these long visa durations, it…

Jenny ZhanFebruary 13, 2020

E-2 Visa Investor Visas

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 countries and in order to get an E-2 visa, the U.S. entity must be at least…

Jenny ZhanFebruary 13, 2020

Approvals

H-1B Approval for a Cap-Subject H-1B case at USCIS for an Engineer

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 U.S. University. USCIS issued a Request for Evidence in August. Scott Legal submitted a Response to…

Jenny ZhanFebruary 12, 2020

Family Immigration Immigration Immigration Law Changes & New Law

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 day as the Department of State’s public charge rule implementation. The original public charge rules were…

Jenny ZhanFebruary 12, 2020

Extraordinary Ability

O-1B Visa Classification for Architects/Architectural Designers

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, arts, education, business, athletics or in the television and motion picture industry who is coming to…

Jenny ZhanFebruary 11, 2020

Approvals

TN Approval for Canadian Graphic Designer

Scott Legal had a TN approval for a Canadian national. The applicant was granted a visa for three years (the full amount permitted for a TN visa) under the classification of graphic designer. In order to qualify for a TN…

Jenny ZhanFebruary 11, 2020

Family Immigration Immigration

What should I know when entering the U.S. on Advance Parole? What is a Secondary Inspection?

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 are couple things you should keep in mind when entering the U.S. on your Advance Parole…

Jenny ZhanFebruary 10, 2020

E-2 Visa

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 a Business plan that describes the business as well as documents related to the entity set…

Jenny ZhanFebruary 10, 2020

News

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 Committee, Practice Management Committee & Consular Practice Committee for the American Immigration Lawyer’s Association’s New York…

Jenny ZhanFebruary 7, 2020

News

Kelly LeGrand Weiner to sit on B Visa Panel at the AILA-RDC EMEA Spring Conference

Our Managing Attorney, Kelly LeGrand Weiner has been selected to sit on a panel with other immigration attorneys to share knowledge on B visas and entering the U.S. as a visitor. The AILA-RDC EMEA spring conference is attended by many…

Jenny ZhanFebruary 7, 2020

Covid 19 E-2 Visa Family Immigration H-1B Visa Immigration Investor Visas TN Visa

Updates on Travels Restrictions and Visa Delays Caused by the Coronavirus

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 from other countries if they have visited or traveled to China within 14 days. U.S. Consulates…

Jenny ZhanFebruary 7, 2020

E-1 Visa E-2 Visa

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 is based on Treaties between the U.S. and other countries and requires the investor to invest…

Jenny ZhanFebruary 6, 2020

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 that your spouse does not have to have the same nationality as you and your spouse…

Jenny ZhanFebruary 6, 2020

E-2 Visa Family Immigration Immigration Investor Visas L-1 Visa

Travel Ban Expanded to include Six more Countries

On January 31, 2020, President Trump signed a presidential proclamation that suspended certain immigrant visas to foreign nationals from Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania. Nonimmigrant visas are not affected by the proclamation. The government stated the cause for…

Jenny ZhanFebruary 4, 2020

Covid 19 E-2 Visa Family Immigration H-1B Visa Immigration Investor Visas L-1 Visa TN Visa

Travel Restrictions and Quarantines on Individuals Traveling from China

The White House issued a presidential proclamation imposing travel restrictions and quarantines on travelers from China starting on February 2, 2020 due to the coronavirus. The US will temporarily bar entry of foreign nationals coming from mainland China or have…

Jenny ZhanFebruary 3, 2020

TN Visa

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. For purposes of the TN visa, engaging in business at a professional level means the applicant…

Jenny ZhanFebruary 3, 2020

Family Immigration Immigration Immigration Law Changes & New Law

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 immigration category (either family or employment based) to have the pending application considered under another category,…

Jenny ZhanFebruary 3, 2020

H-1B Visa

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 visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer…

Jenny ZhanFebruary 3, 2020

February 2020

FY H-1B Cap Registration Starts March 1!

TN Visa approval for a Management Consultant for Canadian National

H-2B Cap Reached for FY 2020

E-2 Visa approval for an IT Consulting Company at the U.S. Embassy in Warsaw for a National of Poland

Petitioners can now Create Online Accounts for H-1B Lottery Registration

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?

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?

E-2 Visa Approval in Toronto for a National of Grenada

Permanent Injunction on Unlawful Presence Rule for Students and Exchange Visitors

Self-Petitioned EB-1A Extraordinary Ability Petition for Green Card for a National of India

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?

What is a transfer of underlying basis request? What factors does USCIS consider when adjudicating the transfer requests for Green Cards?

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?

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?

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?

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?

H-1B Approval for a Cap-Subject H-1B case at USCIS for an Engineer

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

O-1B Visa Classification for Architects/Architectural Designers

TN Approval for Canadian Graphic Designer

What should I know when entering the U.S. on Advance Parole? What is a Secondary Inspection?

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?

Kelly LeGrand Weiner and Michaela Vrazdova of Scott Legal Selected for Leadership roles on Committees for AILA’s New York Chapter

Kelly LeGrand Weiner to sit on B Visa Panel at the AILA-RDC EMEA Spring Conference

Updates on Travels Restrictions and Visa Delays Caused by the Coronavirus

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?

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?

Travel Ban Expanded to include Six more Countries

Travel Restrictions and Quarantines on Individuals Traveling from China

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?

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?

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?

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