May, 2020 | Scott Legal, P.C.

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COVID-19

USCIS to Resume Premium Processing for Applications in Phases

USCIS has announced today that they will resume premium processing for Form I-129 Petition for a Nonimmigrant Worker and Form I-140 Immigrant Petition for Alien Workers in phases over the next month. Due to the coronavirus pandemic and the concern…

Jenny ZhanMay 29, 2020

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COVID-19

Coronavirus Update: Travel Ban Extended to Brazil

The White House issued another presidential proclamation imposing travel restrictions and quarantines on travelers from Brazil starting on 11:59 on May 26 due to the coronavirus. This is after the travel ban imposed on travelers from Chin, Iran, European countries, and the United…

Jenny ZhanMay 29, 2020

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COVID-19

Coronavirus Update: United Kingdom Enforcing 14 Day Quarantine for International Arrivals Starting June 8

Starting on June 8, the United Kingdom will enforce a 14 day quarantine for all international arrivals, including U.S. citizens and permanent residents. This does not apply for individuals entering from the Common Travel Area, including Ireland, the Channel Islands,…

Jenny ZhanMay 29, 2020

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Extraordinary Ability Immigration

How many years can I stay in the U.S. on O-1 visa? Does O-1 visa lead to a green card? For which green card should I apply if I am in the U.S. on an O-1 visa?

The immigration regulations state that O-1 visa holder can come to the U.S. to perform services relating to an event/events and the O-1 visa will be granted for a period of time necessary to accomplish the particular event or activity (but not…

Jenny ZhanMay 29, 2020

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E-1 Visa Immigration

Can I apply for an E-1 visa if I have dual nationality? Which nationality should I use if I am a dual national?

E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. To qualify for an E-1 visa, you must be a citizen of a country that signed a qualifying treaty with the U.S.…

Jenny ZhanMay 29, 2020

E-2 Visa Immigration Investor Visas

Can I Set Up Another Business While on an E-2 visa?

As an entrepreneur, an E-2 investor business owner may come across other good business ideas or businesses that he/she may want to get involved with. For example, an E-2 business owner may want to buy a new business or invest…

Jenny ZhanMay 29, 2020

Extraordinary Ability H-1B and E-3 Visa Immigration TN Visa

I have a majority ownership interest in a U.S. Company. Can the company sponsor me for an H-1B visa? Can the Company sponsor me for an O-1 or TN visa?

H-1B One of the H-1B requirements is that the petitioning U.S. company demonstrates that there is an Employer-Employee relationship. This means that the petitioning company will have to show that it can hire, pay, fire, supervise and otherwise control your…

Jenny ZhanMay 29, 2020

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Family Immigration Immigration

My parents sponsored me for a green card. I got my green card but my parents then abandoned their green cards. Is my green card still valid? Can I still apply for citizenship?

Let’s analyze the following scenario: Your parents sponsored you for a green card under the F2A category (children of green card holders). You got your green card but after you got your green card, your parents abandoned their green cards.…

Jenny ZhanMay 27, 2020

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E-1 Visa Immigration

Can I study if I am in the U.S. on an E-1 visa? Can my E-1 spouse study if they have an E-1 spousal visa?

E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. One of the E-1 requirements is that your purpose of coming to the U.S. on an E-1 visa is to solely engage…

Jenny ZhanMay 27, 2020

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COVID-19

USCIS Preparing to Resume In Person Services on June 4

USCIS is preparing some domestic offices to reopen and resume public services on or after June 4, 2020. Due to the social distancing rules that will still be in place, USCIS offices will schedule fewer appointments per day to ensure…

Jenny ZhanMay 27, 2020

E-1 Visa Immigration

Do I have to keep a residence in my home country if I want to apply for an E-1 visa? How can I prove that I have a non-immigrant intent for an E-1 visa?

E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. E-1 visa is a non-immigrant visa, meaning that when you are applying for an E-1 visa at a Consulate you have to…

Jenny ZhanMay 26, 2020

Immigration

I filed a change of status/extension of status petition. Can I stay in the U.S. while the petition is pending? What is unlawful presence?

If you are in the U.S. on a non-immigrant visa and you filed a change of status (“COS”) or an extension of status (“EOS”) petition, you may be wondering if you can stay in the U.S. while the petition is…

Jenny ZhanMay 26, 2020

Immigration

I want to apply for an employment based green card. Can I file the Adjustment of Status application concurrently with the I-140 petition? What is chargeability?

If you want to apply for a green card (for example the EB-1A green card), you will first have to file an I-140 green card petition. You will only be able to file an Adjustment of Status application concurrently with…

Jenny ZhanMay 26, 2020

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Approvals

TN Visa approval for a Software Engineer at the Toronto Pearson Airport

We just had a TN visa approval at the Pearson Airport. The applicant was granted the TN for 3 years and will work as a software engineer. Although the land borders between the U.S. and Canada are currently closed for…

Jenny ZhanMay 26, 2020

COVID-19

Can I enter the U.S. on my E-2 visa? Can I enter the U.S. during Covid-19 with my E-2?

The Covid-19 crisis has disrupted all aspects of daily life. With both borders and Consulates closed, travel to and from the U.S. can be difficult. For those who already have an E-2 visa in their passports, the question arises as…

Jenny ZhanMay 22, 2020

COVID-19

Can I enter the U.S. on a TN visa during Covid-19? Processing TN Visas in Times of US Canada Border COVID-19 Restrictions.

On March 21, U.S., Canada, and Mexico announced that the land borders between the three countries will close to non-essential travel. The initial closure was to last through April 20 and has now been extended to June 22. The Customs…

Jenny ZhanMay 22, 2020

E-1 Visa Immigration

Does the trade have to be in existence at the time I apply for an E-1 visa? Is it sufficient if I submit binding contracts with clients?

E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. Immigration regulations state that you cannot come to the U.S. to “search for a trading relationship”. If you…

Jenny ZhanMay 20, 2020

COVID-19

I am in the U.S. on an O-1 visa that expires soon. Should my company file for an extension or should the company file a renewal application for 3 years? Which is better?

If you are currently in the U.S. on an O-1 visa and your visa is about to expire, you company may be considering 2 of the following options: (i) filing an extension for 1 year or renewing your O-1 for…

Jenny ZhanMay 20, 2020

News

John Barrera Joins Scott Legal, P.C.

John Barrera is an Immigration attorney that focuses on Removal/Deportation defense, Humanitarian Immigration and Family based immigration. He has over 15 years of immigration experience and has successfully advocated for thousands of clients in a wide range of immigration matters. Mr. Barrera…

Jenny ZhanMay 19, 2020

Extraordinary Ability Immigration

For how long can I get an O-1 visa? What is an event for the purposes of O-1 visa?

Many of our new clients think that they can automatically get an O-1 visa for 3 years. This is a common misconception. The immigration regulations state that O-1 visa holder can come to the U.S. to perform services relating to…

Jenny ZhanMay 18, 2020

COVID-19

Do I have to live in the U.S. if I have an E-1 visa? I am unable to enter the U.S. due to the Corona virus outbreak. Will this impact my E-1 visa renewal?

E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. Is there a residency requirement for an E-1 visa? No, there is no residency requirement for an E-1 visa – there is…

Jenny ZhanMay 18, 2020

COVID-19

Coronavirus Update: USCIS Waives Certain Visa Restrictions for Certain Rural Foreign Doctors

USCIS has waived some visa restrictions so that foreign doctors assigned to rural communities can practice telehealth services outside of their approved locations during the COVID 19 pandemic. According to the Association of American Medical College, there are more than…

Jenny ZhanMay 15, 2020

Extraordinary Ability Immigration

What is the consultation requirement for the O-1 visa? What is a peer group? What should the Advisory opinion contain? Do I have to pay for the Advisory Opinion?

O-1 visa is a great visa for individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally…

Jenny ZhanMay 15, 2020

E-2 Visa Immigration Investor Visas

Can I Gift my relative money for an E-2 visa? Can I own part of the E-2 company and Gift money to a relative? Can my relative get an E-2 visa if I gift him part of the business?

An E-2 visa is a visa that entrepreneurs can obtain if they start or buy a business. You can find out more about the E-2 visa requirements by clicking here. One of the E-2 visa requirements is that the applicant…

Jenny ZhanMay 15, 2020

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Immigration

Do I have to have an Employment Offer for the Eb-1A green card? Can I file a self-petition for the EB-1A green card? What documents should I submit if I file a self-petition?

To qualify for the EB-1A Green Card, you will need to prove that you are one of the small percentage of people who have risen to the very top of your field. To prove that you qualify for the Eb-1A green card,…

Jenny ZhanMay 15, 2020

May 2020

USCIS to Resume Premium Processing for Applications in Phases

Coronavirus Update: Travel Ban Extended to Brazil

Coronavirus Update: United Kingdom Enforcing 14 Day Quarantine for International Arrivals Starting June 8

How many years can I stay in the U.S. on O-1 visa? Does O-1 visa lead to a green card? For which green card should I apply if I am in the U.S. on an O-1 visa?

Can I apply for an E-1 visa if I have dual nationality? Which nationality should I use if I am a dual national?

Can I Set Up Another Business While on an E-2 visa?

I have a majority ownership interest in a U.S. Company. Can the company sponsor me for an H-1B visa? Can the Company sponsor me for an O-1 or TN visa?

My parents sponsored me for a green card. I got my green card but my parents then abandoned their green cards. Is my green card still valid? Can I still apply for citizenship?

Can I study if I am in the U.S. on an E-1 visa? Can my E-1 spouse study if they have an E-1 spousal visa?

USCIS Preparing to Resume In Person Services on June 4

Do I have to keep a residence in my home country if I want to apply for an E-1 visa? How can I prove that I have a non-immigrant intent for an E-1 visa?

I filed a change of status/extension of status petition. Can I stay in the U.S. while the petition is pending? What is unlawful presence?

I want to apply for an employment based green card. Can I file the Adjustment of Status application concurrently with the I-140 petition? What is chargeability?

TN Visa approval for a Software Engineer at the Toronto Pearson Airport

Can I enter the U.S. on my E-2 visa? Can I enter the U.S. during Covid-19 with my E-2?

Can I enter the U.S. on a TN visa during Covid-19? Processing TN Visas in Times of US Canada Border COVID-19 Restrictions.

Does the trade have to be in existence at the time I apply for an E-1 visa? Is it sufficient if I submit binding contracts with clients?

I am in the U.S. on an O-1 visa that expires soon. Should my company file for an extension or should the company file a renewal application for 3 years? Which is better?

John Barrera Joins Scott Legal, P.C.

For how long can I get an O-1 visa? What is an event for the purposes of O-1 visa?

Do I have to live in the U.S. if I have an E-1 visa? I am unable to enter the U.S. due to the Corona virus outbreak. Will this impact my E-1 visa renewal?

Coronavirus Update: USCIS Waives Certain Visa Restrictions for Certain Rural Foreign Doctors

What is the consultation requirement for the O-1 visa? What is a peer group? What should the Advisory opinion contain? Do I have to pay for the Advisory Opinion?

Can I Gift my relative money for an E-2 visa? Can I own part of the E-2 company and Gift money to a relative? Can my relative get an E-2 visa if I gift him part of the business?

Do I have to have an Employment Offer for the Eb-1A green card? Can I file a self-petition for the EB-1A green card? What documents should I submit if I file a self-petition?

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