Jenny Zhan

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Approvals

H-1B Change of Status Petition approved by USCIS

We just had an H-1B Approval with U.S. Citizenship & Immigration Services. The H-1B petition was originally filed as Consular Processing and due to Covid-19 pandemic & Presidential proclamation 10052, the H-1B applicant has been unable to obtain an H-1B…

Jenny ZhanJanuary 27, 2021

EB-5 Visa Immigration Investor 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…

Jenny ZhanJanuary 26, 2021

Immigration L-1 Visa

L-1 Processing and the L-1 Visa Interview

An L-1 visa is a great option when a foreign company wants to transfer an employee working for abroad to a U.S. office. These are the four main requirements to obtain L-1 visa: The U.S. employer must have a qualifying relationship with…

Jenny ZhanJanuary 26, 2021

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H-1B and E-3 Visa Immigration

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…

Jenny ZhanJanuary 26, 2021

Approvals

E-2 Approval for Accountant With USCIS

We just had an E-2 approval with USCIS. The client approached us with an RFE from USCIS. We responded to the RFE and received an approval. The company is an accountant office. Click on the buttons below in order to…

Jenny ZhanJanuary 26, 2021

Approvals

E-2 Approval for Microcurrent Spa at the Consulate in Hong Kong

We just had an E-2 approval at the consulate in Hong Kong. Although Hong Kong does not have a treaty relationship with the United States, the consulate processes E-2 applications from third country nationals if the national is residing in…

Jenny ZhanJanuary 26, 2021

Approvals

H-1B Change of Employer approval for an Interior Designer at an Architecture Firm

We just had an H-1B approval with U.S. Citizenship & Immigration Services. The applicant is in the U.S. on an H-1B and changed employers. The company is an architecture firm based in California. Click on the buttons below in order…

Jenny ZhanJanuary 26, 2021

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E-2 Visa Immigration Investor Visas White House & President Immigration News

President Biden’s Immigration Executive Orders & Proposals

President Biden took office on January 20 to the relief of many immigrants and non-immigrants in the U.S. On his first day, he signed 17 Executive Orders, many of which were immigration related. Executive orders usually have immediate effect and…

Jenny ZhanJanuary 22, 2021

Approvals

National Interest Exception Approved at the U.S. Consulate in Belgium

We just had a National Interest Exception Application approved at the U.S. Consulate in Belgium for a B-1 business visitor who is a national of Belgium. Please see more about the National Interest Exception when you click here. Various travelers can…

Jenny ZhanJanuary 22, 2021

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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…

Jenny ZhanJanuary 21, 2021

Immigration L-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…

Jenny ZhanJanuary 21, 2021

Immigration

I overstayed in the U.S. past my I-94. Is there any way how to get my status reinstated? What should I do?

My I-94 for my E-2 visa expired. What should I do? Can I still file an extension of status for my E-2 visa when my I-94 has expired? Example 1 Let’s analyze the following scenario: Your E-2 visa is valid…

Jenny ZhanJanuary 19, 2021

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Immigration

What is a J-1 No-objection waiver? What is the J-1 waiver application procedure?

Participants of some J-1 visa programs are subject to a 2-year home residency requirement. This means, that these J-1 visa participants will have to return to their home country for at least 2 years after the completion of the exchange…

Jenny ZhanJanuary 19, 2021

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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…

Jenny ZhanJanuary 19, 2021

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Immigration

How long can I stay in the U.S. on a B visa?

The B-1 classification is available to foreign nationals who desire to enter the U.S. for short-term business activities. For B-1 purposes, engaging in business generally means business activities other than performance of skilled and unskilled labor that are a necessary…

Jenny ZhanJanuary 13, 2021

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Immigration

The Permanent Bar based on prior removal

I am a US citizen and want to file a petition for a green card for my spouse. During his initial attempts to enter the United States 10 years ago, he was apprehended by border patrol agents and deported from…

Jenny ZhanJanuary 13, 2021

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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…

Jenny ZhanJanuary 11, 2021

Immigration L-1 Visa

What does the extension of Presidential Proclamation 10052 mean for my L-1 application?

On June 22, 2020, Presidential Proclamation 10052 suspended the entry of people in the following visa categories through December 31, 2020: H-1B, H-2B, J (applying to interns, trainees, teachers, camp counselors, au pairs, or summer work travel programs), L &…

Jenny ZhanJanuary 11, 2021

Approvals

E-2 Extension of Status Approval with USCIS for a digital product development company based in Austin

We just had an E-2 approval with U.S. Citizenship & Immigration Services. The applicant was granted 2 years in E-2 status and the business is a digital product development company that is based in Austin, Texas. The E-2 investor is a national…

Jenny ZhanJanuary 8, 2021

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…

Jenny ZhanJanuary 8, 2021

E-2 Visa Immigration Investor 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…

Jenny ZhanJanuary 8, 2021

COVID-19 Immigration

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…

Jenny ZhanJanuary 5, 2021

Immigration

Proclamation suspending entry of certain H-1B, H-2B, J-1, and L visa workers extended until March 31, 2020

On December 31, 2020, President Trump extended the Proclamation 10014 that suspends visa issuance to: H-1B or H-2B visa workers (and any alien accompanying or following to join such alien) J visa workers, if they are participating in an intern,…

Jenny ZhanJanuary 5, 2021

Approvals

National Interest Exception Application approved at the Atlanta International Airport

We just had a National Interest Exception Application approved at the CBP office at the Atlanta International Airport for an E-2 spouse and E-2 child who are nationals of the UK. Please see more about the National Interest Exception when you…

Jenny ZhanJanuary 4, 2021

Approvals

E-2 Approval with USCIS for a company offering motorcycle tours

We just had an E-2 approval with U.S. Citizenship & Immigration Services. The applicant was granted 2 years in E-2 status and the business is a company offering guided motorcycle tours, motorcycle training school, and short term motorcycle rentals. applicant…

Jenny ZhanJanuary 4, 2021

H-1B Change of Status Petition approved by USCIS

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

L-1 Processing and the L-1 Visa Interview

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?

E-2 Approval for Accountant With USCIS

E-2 Approval for Microcurrent Spa at the Consulate in Hong Kong

H-1B Change of Employer approval for an Interior Designer at an Architecture Firm

President Biden’s Immigration Executive Orders & Proposals

National Interest Exception Approved at the U.S. Consulate in Belgium

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?

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?

I overstayed in the U.S. past my I-94. Is there any way how to get my status reinstated? What should I do?

What is a J-1 No-objection waiver? What is the J-1 waiver application procedure?

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

How long can I stay in the U.S. on a B visa?

The Permanent Bar based on prior removal

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?

What does the extension of Presidential Proclamation 10052 mean for my L-1 application?

E-2 Extension of Status Approval with USCIS for a digital product development company based in Austin

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?

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

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?

Proclamation suspending entry of certain H-1B, H-2B, J-1, and L visa workers extended until March 31, 2020

National Interest Exception Application approved at the Atlanta International Airport

E-2 Approval with USCIS for a company offering motorcycle tours

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