August, 2020 | Scott Legal, P.C.

News

Ian E. Scott sits on AILA panel discussing E-2 Visa and Green Card Options

Scott Legal PC’s founding manager Ian Scott will sit on the AILA Midsouth Virtual conference to speak about Green Card Options for Entrepreneurs and general E-2 visa requirements and issues. The Treaty Trader (E-1) and Treaty Investor (E-2) visa categories…

Jenny ZhanAugust 28, 2020

Immigration

I hired an immigration lawyer who is not licensed in the specific U.S. state I plan to move to and work in. Is she permitted to represent me on my immigration case?

Yes. A lawyer in good standing who is licensed in any of the 50 U.S. states is permitted to practice U.S. immigration law in any state. Where is this stated in the law? Federal regulations explicitly state that an individual…

Jenny ZhanAugust 27, 2020

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Family Immigration Immigration

What is advance parole? When would I need to apply for advance parole?

If you are applying for a green card either through a family or employment basis, it may take several months (or even years, depending on your basis for filing the green card application) for USCIS to adjudicate your Adjustment of…

Jenny ZhanAugust 27, 2020

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Deportation & Humanitarian Immigration Immigration

USCIS Issues Updated DACA Policy

USCIS has announced updated policies regarding adjudicating DACA requests and related work permit applications. The U.S. Supreme Court ruled on June 18 that the Trump Administration failed to provide an adequate justification for terminating the Deferred Action For Childhood Arrivals…

Jenny ZhanAugust 27, 2020

COVID-19

USCIS Avoids Furlough of 70% of their Employees

USCIS has announced that its has avoided the furlough of 70% of their employees, originally scheduled to occur on August 30. Since March, USCIS has seen a 50% drop in receipts and incoming fees and estimates that application and petition receipts…

Jenny ZhanAugust 26, 2020

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Immigration

September Visa Bulletin: Little Movement Across All Categories

In the September 2020 visa bulletin, there is little movement in most employment visa categories. In EB-1, China and India advanced three weeks to March 1, 2018. EB-2 for China has remained at January 15, 2016 and India has remained…

Jenny ZhanAugust 21, 2020

COVID-19

What Will Happen if USCIS Furloughs 70 Percent of Their Staff?

USCIS announced that its planning to furlough of 70% of its employees on August 31 unless Congress acts on the agency’s $1.2 billion emergency funding request. Since March, USCIS has seen a 50% drop in receipts and incoming fees and…

Jenny ZhanAugust 21, 2020

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Approvals

National Interest Exception Application approved at the U.S. Consulate in Paris

We just had a National Interest Exception Application approved at the U.S. Consulate in Paris. The approval was for an E-2 visa investor who runs an E-2 company in California. The Consulate approved the application in 8 days. Please see…

Jenny ZhanAugust 21, 2020

News

Rumors: Trump Administration May Impose Toll on Mexico US Border Crossing

President Trump said during a Republic convention that the U.S. may impose a toll on travelers crossing the U.S. and Mexico border. Trump claimed the toll would pay for the constructions of the border wall. There are more than 330…

Jenny ZhanAugust 21, 2020

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Questions & Answers

What is F-1 visa? What are the F-1 visa requirements?

F-1 visa is a great visa for students who want to come to the U.S. and attend university, college, high school, elementary school, or other academic institutions. Please note that this blog post will focus on students applying for an…

Jenny ZhanAugust 21, 2020

E-2 Visa Immigration Investor Visas

Can an E-2 Investor or E-2 Employee get W-2 income from another Company? Can I work for another company on my E-2 visa?

An E-2 visa is available to entrepreneurs who want to start or buy a business in the U.S. You can find out more about the E-2 visa requirements by clicking here. While someone is in the U.S. on an E-2…

Jenny ZhanAugust 21, 2020

Approvals

E-2 Investor Visa approval for a Data Analysis & Management Company at the U.S. Embassy in London

We just had an E-2 investor visa approval at the U.S. Embassy in London. The applicant was granted the visa for 5 years and the business is a data analysis company offering solutions for data analytics. Due to the current…

Jenny ZhanAugust 20, 2020

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COVID-19

Employers can now Accept EAD Approval Notices for I-9 Employment Verification

USCIS accounted today that due to backlogs in employment authorization card productions, employers can accept work permit approval receipts when establishing employment verification in the I-9 process. In normal times, when an employee starts at a company, companies are obligated…

Jenny ZhanAugust 20, 2020

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E-2 Visa Immigration Investor Visas

Do I have to have an office space for an E-2 visa? Do I need an office space 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. An E-2 visa is a great option if you want to start a business in the U.S., you have invested a substantial amount of…

Jenny ZhanAugust 20, 2020

E-2 Visa Immigration Investor Visas

Do I have to attend an Interview for my E-2 visa renewal? Can my E-2 visa renewal Interview be waived?

An E-2 visa can be issued for up to 5 years, and after that it must be renewed. The renewal process usually involves submitting documentation that shows that you have hired employees, and that your business will continue to be…

Jenny ZhanAugust 20, 2020

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COVID-19

I am a green card holder and have not returned to the U.S. due to COVID-19. Will this impact my green card? How can I preserve my permanent resident status?

The Covid-19 crisis has caused large disruptions in daily life and created significant difficulties for international travel. Many green card holders were outside the U.S. when the crisis hit and may be reluctant to travel back to the U.S. for…

Jenny ZhanAugust 19, 2020

News

H-3 visa: Q&A

What is the H-3 trainee visa? The H-3 trainee visa is for individuals who are coming to the U.S. to receive training in their field of endeavor (medical training is excluded). Do I need a sponsor for an H-3 visa?…

Jenny ZhanAugust 19, 2020

Immigration

In which country can I apply for a non-immigrant visa? Do I have to apply for a visa in my home country?

One question we often receive from our clients or potential clients is where they can apply for a non-immigrant visa (such as E-1 visa, E-2 visa, E-3 visa, or O-1 visa). The immigration regulations indicate that a Consulate must accept…

Jenny ZhanAugust 18, 2020

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Family Immigration Immigration

What is a green card medical examination? When should I submit my medical exam to USCIS?

If you are currently in the U.S. on a non-immigrant visa and you want to apply for a green card while staying in the United States, you will go through a process called “Adjustment of Status.” As a first step, you…

Jenny ZhanAugust 18, 2020

Family Immigration Immigration

Department of Homeland Security Public Charge Rule Reinstated for all States Except for Vermont, Connecticut, and New York

On July 30, 2020, New York District Court Judge George Daniels issued a nationwide preliminary injunction on the public charge rules. On August 12, 2020, a Second Circuit Court of Appeals order limited the nationwide injunction to Vermont, Connecticut, and New…

Jenny ZhanAugust 18, 2020

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COVID-19

National Interest Exceptions to Travel Ban Expended to H-1B and L-1 Employees

In July 2020, the Department of State announced that certain business and student travelers may apply for a National Interest Exception (“NIE”). The NIE allows such travelers to travel to the United States even with the travel bans remaining in effect.…

Jenny ZhanAugust 17, 2020

H-1B and E-3 Visa Immigration

USCIS Runs Second Lottery to Select More H-1B Cap Cases

USCIS has ran a second lottery to select more H-1B cap cases. USCIS began to notify employers the results of the second lottery run on August 14, 2020. The H-1B visa is a nonimmigrant visa suitable for individuals who have…

Jenny ZhanAugust 17, 2020

Immigration L-1 Visa

What does the Presidential Proclamation on L visas mean for my application? Can I still apply for an L visa at a U.S. Consulate? Can I apply for L-1 status from within the US?

On June 22, 2020, a Presidential Proclamation was issued that impacts the ability of certain visa holders to enter the United States. Under this proclamation anyone who was outside the United States as of June 24, 2020 and did not…

Jenny ZhanAugust 17, 2020

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COVID-19

Will my ESTA be cancelled if I try to enter the U.S. while the European travel ban is in place?

When you are a citizen of a country that is part of the Visa Waiver Program, you can come to the United States without obtaining a visa from a U.S. Consulate. However, you still have to apply for authorization to travel to…

Jenny ZhanAugust 17, 2020

COVID-19

Canadians travelling to the U.S. during Covid: Q&A

I am a Canadian national. Can I cross the U.S./Canada land border? No. The joint U.S.-Canada initiative that was first implemented on March 21, 2020 for 30 days and has since been extended (most recently to August 20) restricts all…

Jenny ZhanAugust 17, 2020

August 2020

Ian E. Scott sits on AILA panel discussing E-2 Visa and Green Card Options

I hired an immigration lawyer who is not licensed in the specific U.S. state I plan to move to and work in. Is she permitted to represent me on my immigration case?

What is advance parole? When would I need to apply for advance parole?

USCIS Issues Updated DACA Policy

USCIS Avoids Furlough of 70% of their Employees

September Visa Bulletin: Little Movement Across All Categories

What Will Happen if USCIS Furloughs 70 Percent of Their Staff?

National Interest Exception Application approved at the U.S. Consulate in Paris

Rumors: Trump Administration May Impose Toll on Mexico US Border Crossing

What is F-1 visa? What are the F-1 visa requirements?

Can an E-2 Investor or E-2 Employee get W-2 income from another Company? Can I work for another company on my E-2 visa?

E-2 Investor Visa approval for a Data Analysis & Management Company at the U.S. Embassy in London

Employers can now Accept EAD Approval Notices for I-9 Employment Verification

Do I have to have an office space for an E-2 visa? Do I need an office space for an E-1 visa?

Do I have to attend an Interview for my E-2 visa renewal? Can my E-2 visa renewal Interview be waived?

I am a green card holder and have not returned to the U.S. due to COVID-19. Will this impact my green card? How can I preserve my permanent resident status?

H-3 visa: Q&A

In which country can I apply for a non-immigrant visa? Do I have to apply for a visa in my home country?

What is a green card medical examination? When should I submit my medical exam to USCIS?

Department of Homeland Security Public Charge Rule Reinstated for all States Except for Vermont, Connecticut, and New York

National Interest Exceptions to Travel Ban Expended to H-1B and L-1 Employees

USCIS Runs Second Lottery to Select More H-1B Cap Cases

What does the Presidential Proclamation on L visas mean for my application? Can I still apply for an L visa at a U.S. Consulate? Can I apply for L-1 status from within the US?

Will my ESTA be cancelled if I try to enter the U.S. while the European travel ban is in place?

Canadians travelling to the U.S. during Covid: Q&A

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