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Jenny Zhan

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H-1B employee’s place of employment is about to change. Does a new LCA & amended H-1B petition have to be filed with USCIS? H-1B and E-3 VisaImmigration

H-1B employee’s place of employment is about to change. Does a new LCA & amended H-1B petition have to be filed with USCIS?

It is not unusual that during the validity period of Labor Condition Application (LCA) (which can be issued for up to 3 years), the H-1B employee’s place of employment changes. In 2015, the Administrative Appeals Office issued a very important…
January 26, 2021
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My passport will expire in a few months. Will that affect my ability to be issued a visa at the consulate, or my ability to enter the U.S.? Will it impact an extension of status petition with USCIS? Immigration

My passport will expire in a few months. Will that affect my ability to be issued a visa at the consulate, or my ability to enter the U.S.? Will it impact an extension of status petition with USCIS?

I am outside the U.S. and planning to enter. For how long must my passport be valid? In general, for admission to the U.S., the nonimmigrant must present a passport that is valid until at least 6 months beyond the…
January 21, 2021
L-1 Renewal Considerations: What is the process to renew an L-1 visa? What information will the government want to see for a successful renewal? ImmigrationL-1 Visa

L-1 Renewal Considerations: What is the process to renew an L-1 visa? What information will the government want to see for a successful renewal?

An L-1 visa is a great visa for an employee or owner of a company abroad who wants to transfer to a U.S. office or open a new office in the United States. L-1A visas are granted to managers or executives while…
January 21, 2021
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Trump Administration Lifts Coronavirus Travel Ban on Europe and Brazil. President-Elect Likely to Reject the Proclamation COVID-19

Trump Administration Lifts Coronavirus Travel Ban on Europe and Brazil. President-Elect Likely to Reject the Proclamation

Late Monday night, President Trump ordered an end to the Coronavirus related travel ban put on non-citizen and permanent resident travelers from Europe and Brazil. For more information, please click here for Europe and here for Brazil. The proclamation will…
January 19, 2021
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I have a green card and want to travel to a U.S. territory for an extended period of time. Do I risk abandoning my green card? Immigration

I have a green card and want to travel to a U.S. territory for an extended period of time. Do I risk abandoning my green card?

In short, traveling to certain U.S. territories is, for purposes of U.S. immigration law, considered travel within the United States. Specifically, travel to Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands does not carry the risk…
January 11, 2021
How are the different U.S. territories treated for purposes of birthright citizenship? What is the difference between a U.S. national and a U.S. citizen? Immigration

How are the different U.S. territories treated for purposes of birthright citizenship? What is the difference between a U.S. national and a U.S. citizen?

The 14th Amendment of the U.S. Constitution makes clear that, in general, a person born in the United States is a U.S. citizen. But what counts as the “United States” for purposes of birthright citizenship? As the United States expanded…
January 8, 2021
Are the U.S. Consulates currently open? Are the U.S. Consulates currently processing E-2 visa applications? E-2 VisaImmigrationInvestor Visas

Are the U.S. Consulates currently open? Are the U.S. Consulates currently processing E-2 visa applications?

Many of our clients and potential clients are curious to know whether the U.S. Consulates abroad are currently open and whether the Consulates are currently processing E-2 visa applications and scheduling E-2 visa interviews. The question we often get from…
January 8, 2021
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Can I apply for a National Interest Exception at a CBP office at the airport? Do I need to apply through a U.S. Consulate abroad first? What is the procedure? COVID-19Immigration

Can I apply for a National Interest Exception at a CBP office at the airport? Do I need to apply through a U.S. Consulate abroad first? What is the procedure?

In July 2020, the Department of State announced that certain business and student travelers coming from Schengen countries or the U.K. (such as B-1 business visitors), treaty traders, or treaty investors may apply for a  National Interest Exception (“NIE”). The NIE allows such…
January 5, 2021
I am currently in the U.S. in H-1B status but recently lost my job. I’d like to change my status from H-1B to a B-2 tourist visa. H-1B and E-3 VisaImmigration

I am currently in the U.S. in H-1B status but recently lost my job. I’d like to change my status from H-1B to a B-2 tourist visa.

For background, you can learn more about the H-1B visa here, and about the B-2 tourist visa here . But if you want to change status between the H-1B and B-2, how does the timing matter? Can I file a…
December 30, 2020
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