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Jenny Zhan

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Can entrepreneurs qualify for the EB-2 National Interest Waiver? Can I only apply with an established business or can I apply if I have an idea for a start up? ImmigrationNational Interest Waiver

Can entrepreneurs qualify for the EB-2 National Interest Waiver? Can I only apply with an established business or can I apply if I have an idea for a start up?

In 2017, a new court decision (Matter of Dhanasar), changed the standard for the National Interest Waiver (NIW) which made this category much more approvable for entrepreneurs. An NIW is a green card petition that falls under the employment-based second preference…
February 4, 2021
How has the Buy American, Hire American Executive Order impacted L-1 visas? Will this change under a Biden/Harris administration? ImmigrationL-1 VisaWhite House & President Immigration News

How has the Buy American, Hire American Executive Order impacted L-1 visas? Will this change under a Biden/Harris administration?

In 2017, President Trump signed the Buy American, Hire American (“BAHA”) Executive order. This Executive Order sought to protect the interests of U.S. workers in the administration of the U.S. immigration system and prevent abuse and fraud. For L-1 visas,…
February 2, 2021
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Will the revocation of the BAHA Executive order impact the adjudication of E-1/E-2 visa petitions? E-2 VisaImmigrationInvestor VisasWhite House & President Immigration News

Will the revocation of the BAHA Executive order impact the adjudication of E-1/E-2 visa petitions?

On January 25, 2021, president Biden signed an Executive Order 14005 called Ensuring Future is Made in All of America by All of America’s Workers. In Section 14 of this Executive Order, president Biden revoked: Former president Trump’s Executive Order no.…
February 2, 2021
If I own a company abroad can I come to the U.S. on an L-1? Can company owners qualify as L-1 managers or executives? ImmigrationL-1 Visa

If I own a company abroad can I come to the U.S. on an L-1? Can company owners qualify as L-1 managers or executives?

The L-1A visa allows companies abroad that have qualifying relationships with U.S. companies to transfer employees  to the U.S. For the L-1A, the employees must be coming to the U.S. to work in managerial or executive positions. For the L-1B,…
February 1, 2021
I need an earlier visa appointment at a U.S. Consulate. Can I request an expedite appointment? E-2 VisaImmigrationInvestor Visas

I need an earlier visa appointment at a U.S. Consulate. Can I request an expedite appointment?

If you recently submitted a non-immigrant visa application to a U.S. Consulate abroad (e.g. an E-2 investor application), you may be wondering when your visa interview will be scheduled. Unfortunately, due to Covid-19 global pandemic and always changing situation at…
February 1, 2021
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What is the difference between H-1B Change of Status and H-1B Consular Processing? Should I file for a Change of status or Consular Processing? H-1B and E-3 VisaImmigration

What is the difference between H-1B Change of Status and H-1B Consular Processing? Should I file for a Change of status or Consular Processing?

H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations.  This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…
January 28, 2021
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I was granted an A-1 diplomatic visa. Does that mean I have diplomatic immunity? What is the easiest way to determine whether a person has diplomatic immunity? Immigration

I was granted an A-1 diplomatic visa. Does that mean I have diplomatic immunity? What is the easiest way to determine whether a person has diplomatic immunity?

Holding an A-1 diplomatic visa -- or any diplomatic visa -- does not, alone, prove diplomatic immunity. Whether a diplomat to the United States has diplomatic immunity can not only determine whether that person can be arrested or detained, but…
January 27, 2021
When does the E-2 Investment Have to be Made? Can I make an E-2 Investment before I get a Passport from the Treaty Country? E-2 VisaImmigrationInvestor Visas

When does the E-2 Investment Have to be Made? Can I make an E-2 Investment before I get a Passport from the Treaty Country?

One of the most daunting aspects of an E-2 visa is the fact that the investment must be made before the applicant gets the visa. This means that the applicant must spend the money before they know whether the visa…
January 27, 2021
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My extension of status petition has been pending for a long time. What can I do to speed up the process? Can I file an expedite request? COVID-19

My extension of status petition has been pending for a long time. What can I do to speed up the process? Can I file an expedite request?

Due to Covid-19 global pandemic, the USCIS Service Centers are taking longer than usual to make a decision on all types of visa petitions. If you filed an extension of status petition long time ago and USCIS still has not…
January 27, 2021
What is an EB-5 Direct Investment? Can I get a Green Card through the EB-5 Program if I am an Entrepreneur? EB-5 VisaImmigrationInvestor Visas

What is an EB-5 Direct Investment? Can I get a Green Card through the EB-5 Program if I am an Entrepreneur?

Overview of EB-5 Direct Investment Program The EB-5 Investment Immigration program allows a petitioner who has invested $800,000 into a Targeted Employment Area (TEA) or $1,050,000 into a non-TEA area to obtain a green card, if they invest in a…
January 26, 2021
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