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Jenny Zhan

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I was selected in the H-1B lottery and I am currently in the U.S. on a J-1 trainee visa. Does Cap-Gap apply to J-1 visa? Can I stay in the U.S. until October 1? Can I Change Status? H-1B and E-3 VisaImmigration

I was selected in the H-1B lottery and I am currently in the U.S. on a J-1 trainee visa. Does Cap-Gap apply to J-1 visa? Can I stay in the U.S. until October 1? Can I Change Status?

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. There are a limited number of H-1B petitions that USCIS can adjudicate every year (65,000 Regular Cap petitions and additional 20,000 U.S. Advanced…
April 16, 2020
Kelly R. LeGrand Weiner Moderates COVID-19 related Non-immigrant visa updates and strategies Question and Answer for Immigration Lawyers COVID-19News

Kelly R. LeGrand Weiner Moderates COVID-19 related Non-immigrant visa updates and strategies Question and Answer for Immigration Lawyers

Kelly R. LeGrand Weiner will moderate the Q&A for a Corporate Practice Committee event for AILA’s New York chapter as part of a panel with expert business immigration practitioners on COVID-19 related Non-immigrant visa updates and strategies.   This committee focuses…
April 16, 2020
My status is running out and I cannot leave because of Corona Virus. Can I file a Change of Status application in the U.S.? What are the Implications of filing this application? COVID-19

My status is running out and I cannot leave because of Corona Virus. Can I file a Change of Status application in the U.S.? What are the Implications of filing this application?

When you enter the U.S. on a visa, your I-94 date governs the amount of time that you are permitted to stay in the U.S.  Normally, when status is about to expire, there is an option to either extend status,…
April 15, 2020
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I want to apply for an E-1 visa but the trade is not substantial yet. Can I come to the U.S. on a B-1 visa, meet with potential U.S. clients and negotiate contracts? What activities can I do? E-1 VisaImmigration

I want to apply for an E-1 visa but the trade is not substantial yet. Can I come to the U.S. on a B-1 visa, meet with potential U.S. clients and negotiate contracts? What activities can I do?

If you want to apply for an E-1 visa, you will have to demonstrate that the trade is already in existence, the trade is between the U.S. and a treaty country, the trade is substantial, and more than 50% of…
April 15, 2020
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My H-1B registration was selected in the H-1B lottery. Is the company required to file the H-1B petition? What if the company does not file, are there any consequences? H-1B and E-3 VisaImmigration

My H-1B registration was selected in the H-1B lottery. Is the company required to file the H-1B petition? What if the company does not file, are there any consequences?

Covid-19 has changed the rules for travel, engagement and employment.  Many companies have started to reduce wages and put staff on leave, and some companies have terminated employees. If your company filed an H-1B registration for a foreign national and…
April 15, 2020
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I had to terminate the employment of an H-1B employee due to the Corona virus outbreak. What are my obligations as an H-1B Employer? Do I have to pay for the employee’s flight? COVID-19

I had to terminate the employment of an H-1B employee due to the Corona virus outbreak. What are my obligations as an H-1B Employer? Do I have to pay for the employee’s flight?

Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some companies have terminated employees. If your company had to terminate employment of an H-1B employee, here is a…
April 14, 2020
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My employer is sponsoring me for a green card & I am concerned about being laid off or furloughed. If I get laid off or furloughed am I still eligible to get a green card? COVID-19

My employer is sponsoring me for a green card & I am concerned about being laid off or furloughed. If I get laid off or furloughed am I still eligible to get a green card?

Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some companies have terminated employees. What is the impact on my pending green card case if I have been…
April 14, 2020
Do I Need to Submit a Portfolio for the O-1 Visa Petition? How Can I Create a Portfolio for the Purposes of Filing an O-1 Visa Petition? How Can I Prepare a Strong Portfolio? Extraordinary AbilityImmigration

Do I Need to Submit a Portfolio for the O-1 Visa Petition? How Can I Create a Portfolio for the Purposes of Filing an O-1 Visa Petition? How Can I Prepare a Strong Portfolio?

The O-1 nonimmigrant visa is for individuals who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally…
April 13, 2020
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My E-2 visa was denied and now my ESTA is no longer valid. How can I get a B-1 visa if my E-2 has been denied? I cannot travel on ESTA, how can I get a B visa? E-2 VisaImmigrationInvestor Visas

My E-2 visa was denied and now my ESTA is no longer valid. How can I get a B-1 visa if my E-2 has been denied? I cannot travel on ESTA, how can I get a B visa?

If you have a valid ESTA, you can use this to enter the U.S. to organize everything you need to apply for an E-2 visa.  You can find out more about the visa waiver program by clicking here.  While in…
April 13, 2020
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If my visa is denied and I have a valid ESTA, can I travel to the United States on ESTA? When do I have to Re-validate my ESTA? Questions & Answers

If my visa is denied and I have a valid ESTA, can I travel to the United States on ESTA? When do I have to Re-validate my ESTA?

The Visa Waiver Program (also called ESTA) allows people from about 38 countries to enter the U.S. using a simplified visa process.  You can find out more about the visa waiver program by clicking here. One question that often comes…
April 13, 2020
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Coronavirus Update: ICE Sued by Immigration Group for Release of High-Risk Individuals in Virginia COVID-19

Coronavirus Update: ICE Sued by Immigration Group for Release of High-Risk Individuals in Virginia

On Thursday, three immigration groups filed a lawsuit against Immigration and Citizenship Enforcement (ICE) on behalf of nine people being held in Virginia detention facilities. This is one of many lawsuits being filed around the country. The immigration groups are…
April 10, 2020
I am on an E-2 visa but cannot go back to my Consulate to Renew, what can I do? My E-2 visa is about to expire and Covid-19 is preventing me from going to my Consulate. COVID-19

I am on an E-2 visa but cannot go back to my Consulate to Renew, what can I do? My E-2 visa is about to expire and Covid-19 is preventing me from going to my Consulate.

Covid-19 has caused havoc in our daily lives and the immigration scenario is no different.  Unfortunately, the Government has not yet offered a blanket extension of visa or status termination dates and each applicant is left to sort out how…
April 10, 2020
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I am an artist and I want to apply for an O-1B visa. What does extraordinary ability in arts mean? What is the definition of “arts”? Extraordinary AbilityImmigration

I am an artist and I want to apply for an O-1B visa. What does extraordinary ability in arts mean? What is the definition of “arts”?

f you are an artist and you want to apply for an O-1B visa, you will have to demonstrate that: You have an extraordinary ability in the arts which has been demonstrated by national or international acclaim, and You are…
April 10, 2020
What documents should I submit to prove that there is international trade between the U.S. and the treaty country? What documents will I have to submit? E-1 VisaImmigration

What documents should I submit to prove that there is international trade between the U.S. and the treaty country? What documents will I have to submit?

The E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. Our clients often ask us what kind of evidence they will need to provide to prove that:…
April 10, 2020
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I want to decrease the salary of my H-1B employee. Do I have to file a new LCA? Do I have to file an amended H-1B petition if the salary is higher than the actual or prevailing wage? COVID-19

I want to decrease the salary of my H-1B employee. Do I have to file a new LCA? Do I have to file an amended H-1B petition if the salary is higher than the actual or prevailing wage?

Covid-19 has changed the rules for travel, engagement and employment.  Many companies have started to reduce wages and put staff on leave, and some companies have terminated employees. For companies with H-1B employees that are taking the approach of decreasing…
April 9, 2020
Do the goods have to be manufactured in my home country? Can I purchase goods that were manufactured in a third country and then sell them to my U.S. customers? E-1 VisaImmigration

Do the goods have to be manufactured in my home country? Can I purchase goods that were manufactured in a third country and then sell them to my U.S. customers?

E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country.  Click E-1 requirements to find out more about E-1 visas. One of the E-1 visa requirements is that…
April 9, 2020
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I am in the U.S. on a non-immigrant visa and my employment was terminated due to the Corona virus outbreak. Do I have to leave the U.S. immediately? How Many Days Do I have? COVID-19

I am in the U.S. on a non-immigrant visa and my employment was terminated due to the Corona virus outbreak. Do I have to leave the U.S. immediately? How Many Days Do I have?

I am in the U.S. on a non-immigrant visa and my employment was terminated due to the Corona virus outbreak. Do I have to leave the U.S. immediately? How many days can I stay after my employment was terminated? Covid-19…
April 9, 2020
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Coronavirus Update: Chicago Signs Executive Order Allowing Undocumented immigrants and Refugees to Access Relief Benefits COVID-19

Coronavirus Update: Chicago Signs Executive Order Allowing Undocumented immigrants and Refugees to Access Relief Benefits

Chicago Mayor Lori Lightfoot issued an executive order on Tuesday to grant undocumented immigrants and refugees access to the city’s Coronavirus relief funds. Undocumented immigrants do not meet the criteria for state unemployment insurance or the stimulus checks the federal…
April 9, 2020
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