Blog Immigration and Business Law

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

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

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

Approvals

B-1 Change of Status Approval with USCIS

We just had a B-1 Change of status approval with U.S. Citizenship & Immigration Services. The applicants were 3 family members applying for a change of status from TN and TD status to B-1 status. The applicants were nationals of Canada. You…

Jenny ZhanJanuary 4, 2021

Approvals

O-1A Approval with USCIS for an individual with extraordinary ability in business

We just had an O-1 approval with U.S. Citizenship & Immigration Services. The beneficiary works for a U.S. company that is based in Delaware. The beneficiary is a national of Italy and qualified under the O-1A (extraordinary ability in business category). Please…

Jenny ZhanJanuary 4, 2021

L-1 Visa

What is the process to apply for an L-1 visa on the basis of an approved blanket petition?

Certain large international companies that are engaged in commercial trade or services may file a blanket L-1 petition with U.S. Citizenship & Immigration Services (USCIS). The main advantage of filing a blanket L petition is that it is a single…

Jenny ZhanJanuary 2, 2021

H-1B and E-3 Visa

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…

Jenny ZhanDecember 30, 2020

Immigration

I am a U.S. citizen who lives or works abroad for long periods of time. I am traveling to the U.S. temporarily and would like to bring my nanny. Can I do so?

The Department of State permits “personal employees or domestic workers” (including nannies) of U.S. citizens to accompany them on temporary visits to the U.S., but only if certain conditions are met. If the conditions are met, the nanny would receive…

Jenny ZhanDecember 30, 2020

Foreign Language Articles

Koľko peňazí musím investovať aby mi boli udelené E-2 víza?

E-2 víza je typ neprisťahovaleckých víz ktorý umožňuje investorom ktorí chcú žiť v USA rozbehnúť svoj vlastný biznis alebo kúpiť už rozbehnutý biznis (napríklad odkúpiť už rozbehnutú reštauráciu). Biznis ktorý chcete v USA rozbehnúť môže byť malý, stredný alebo veľký, avšak aby…

Jenny ZhanDecember 29, 2020

Immigration

What is Global Entry? Can I apply for a Global Entry?

Global Entry is one of the Trusted Travel Programs – these programs allow pre-screened travelers to use expedited lanes when coming to the U.S. If you are part of the Global Entry program, you can use the Global Entry kiosks…

Jenny ZhanDecember 26, 2020

Extraordinary Ability

O-1 Visa: Questions and Answers

What is an O-1 visa? An O-1 Visa is a visa that allows individuals with extraordinary ability in a number of different fields to come to the U.S. What are the 2 categories of O-1 visa? There are 2 subcategories…

Jenny ZhanDecember 24, 2020

Immigration L-1 Visa

If I am in the U.S. should I apply for an L-1 through a change of status, or should I go to a Consulate?

An L-1 visa is a good option for a foreign company that seeks to send an employee to work at an existing U.S. company. An L visa is also a good option for a foreign company trying to send an…

Jenny ZhanDecember 23, 2020

Covid 19 E-1 Visa E-2 Visa Immigration Immigration Biden/Harris Administration Immigration Law Changes & New Law

How will the Second Stimulus Bill Impact E-2 visa holders? Is there a Second round of PPP for E-2 visa holders? Can I get a PPP Loan on an E-2?

The first Corona virus stimulus bill provided much needed relief for E-2 visa holders. Many E-2 visa companies were struggling and both the PPP loans and the EIDL grant kept many E-2 businesses afloat. You can find out more about…

IanScottDecember 23, 2020

Immigration Biden/Harris Administration

What should we know about Alejandro Mayorkas, President-elect Biden’s pick as Homeland Security Secretary?

Last month, President-elect Joe Biden announced that he plans to nominate Alejandro Mayorkas to serve in his cabinet as Secretary of Homeland Security. Mayorkas, who would be the first immigrant and first Latino in the role, would manage the Department…

Jenny ZhanDecember 22, 2020

L-1 Visa

Can L-1 employees work remotely? Do employers need to file anything with the government if the worksite location changes for L-1 employees?

Due to COVID-19 many companies had to rethink their workplace arrangements in 2020. Some companies had employees work remotely while others temporarily shut down or furloughed employees. As local requirements and lockdown restrictions have shifted, some companies have gone back…

Jenny ZhanDecember 22, 2020

Deportation & Humanitarian Immigration

Department of Homeland Security to Comply with Court Order to Restore DACA

DHS has announced that it has taken steps to comply with the December 4, 2020 federal district court order requiring them to restore the Deferred Action for Childhood Arrivals (DACA) program to its 2012 form. To learn more about the…

Jenny ZhanDecember 21, 2020

L-1 Visa

What is an L-1A managerial visa? How do I know if I meet the requirements? Is there a certain number of people I have to manage in order to qualify?

The L-1A visa can be used by companies abroad to transfer managers or executives to the U.S. to work at an established U.S. company or to form a new office. The U.S. company must have a qualifying relationship with the…

Jenny ZhanDecember 21, 2020

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

B-1 Change of Status Approval with USCIS

O-1A Approval with USCIS for an individual with extraordinary ability in business

What is the process to apply for an L-1 visa on the basis of an approved blanket petition?

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.

I am a U.S. citizen who lives or works abroad for long periods of time. I am traveling to the U.S. temporarily and would like to bring my nanny. Can I do so?

Koľko peňazí musím investovať aby mi boli udelené E-2 víza?

What is Global Entry? Can I apply for a Global Entry?

O-1 Visa: Questions and Answers

If I am in the U.S. should I apply for an L-1 through a change of status, or should I go to a Consulate?

How will the Second Stimulus Bill Impact E-2 visa holders? Is there a Second round of PPP for E-2 visa holders? Can I get a PPP Loan on an E-2?

What should we know about Alejandro Mayorkas, President-elect Biden’s pick as Homeland Security Secretary?

Can L-1 employees work remotely? Do employers need to file anything with the government if the worksite location changes for L-1 employees?

Department of Homeland Security to Comply with Court Order to Restore DACA

What is an L-1A managerial visa? How do I know if I meet the requirements? Is there a certain number of people I have to manage in order to qualify?

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