Blog Immigration and Business Law | Scott Legal, P.C.

L-1 Visa

I am a Canadian national, can I apply for an L-1 at the border? Can I renew my L-1 at the border?

The L-1 visa is a great option for companies that want to transfer employees in managerial, executive or specialized knowledge roles from a foreign company abroad to a US company with which it has a qualifying relationship. For most applicants,…

Jenny ZhanSeptember 23, 2020

Immigration Immigration Law Changes & New Law

USCIS will resume Applying New Public Charge Rule with Applications

USCIS has announced on September 22 that in light of the second circuit’s decision to stay a limited injunction again the Department of Homeland Security’s public charge rule, it will resume applying the new public charge rule against adjustment of…

Jenny ZhanSeptember 23, 2020

Immigration

We Are Looking for an Immigration Paralegal!

We are looking for a person with 2+ years of immigration paralegal experience to assist busy attorneys and our legal research analyst. This is a part-time position. (approximately 20 hours per week - a full-time position would be considered depending…

IanScottSeptember 23, 2020

Covid 19

Can I study in the U.S. during Corona virus? Can I apply for an F-1 visa? Can I take online classes only if I am in the U.S. on F-1 visa?

The Covid-19 crisis has disrupted all aspects of daily life. With both borders and Consulates closed, travel to and from the U.S. can be difficult. One category that is affected by the Covid-19 crisis are students. When the Covid-19 crisis began back in the…

Jenny ZhanSeptember 22, 2020

Deportation & Humanitarian Immigration

Potential options for noncitizens subject to permanent bar based on unlawful presence.

So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we have available? Honestly, not that many. One option to consider…

Jenny ZhanSeptember 22, 2020

E-2 Visa Immigration Investor Visas

Can I register an E-2 company so I can bring employees from my home country if I am a naturalized U.S. citizen?

An E-2 visa is a great option if you want to start a business in the U.S., you have invested a substantial amount of money in the U.S. or you are in the processing of investing the money, and you plan to…

Jenny ZhanSeptember 21, 2020

Covid 19

Is USCIS conducting green card interviews during Covid-19? Can my green card interview be waived?

On June 4, 2020 certain USCIS field offices started resuming non-emergency in person appointments. USCIS indicated on its website that the particular USCIS field office that is processing your green card application will send you an interview notice or re-scheduling…

Jenny ZhanSeptember 21, 2020

Covid 19

Coronavirus Update: U.S. and Canada Land Border Restrictions Extended Through October 21

On March 21, U.S., Canada, and Mexico announced that the land borders between the three countries will close to non-essential travel. The initial closure was to last through April 20 and has now been extended to October 21. The Department…

Jenny ZhanSeptember 21, 2020

Deportation & Humanitarian Immigration

Federal Court Rules TPS Can Be Terminated for El Salvador, Haiti, Nicaragua, and Sudan

The Ninth Circuit Court of Appeals have ruled that the Department of Homeland Security may proceed with terminating Temporary Protected Status for four countries, El Salvador, Haiti, Nicaragua, and Sudan. The decision also impacts the TPS designations for Nepal and…

Jenny ZhanSeptember 17, 2020

Covid 19

DHS Lifts Airport Restrictions for Travelers Exempt from COVID Travel Bans

Back in January, the Department of Homeland Security restricted airplane travel from countries that are on the restricted travel list to one of 15 airports in the United States. Starting on September 14, 2020, travelers that are exempt from the…

Jenny ZhanSeptember 17, 2020

Covid 19

I am a U.S. citizen/green card holder and my family wants to come to the U.S. Can my family come visit me if they are subject to the travel ban to the U.S.?

The Covid-19 crisis has caused large disruptions in daily life and created significant difficulties for international travel. Many of our clients who are U.S. citizens or green card holders ask us if their family that is abroad can come to…

Jenny ZhanSeptember 17, 2020

E-2 Visa Immigration Investor Visas

My E-2 investor application was submitted to USCIS. What are the next steps?

Jenny ZhanSeptember 17, 2020

Immigration

I filed my extension of status application late – after my status already expired. Will my application be automatically denied? What should I do?

If you are in the United States and decide you want to stay for a longer time than you were given when you entered, you can apply to extend your status by filing an Application to Extend Nonimmigrant Status with the USCIS.…

Jenny ZhanSeptember 17, 2020

Covid 19

Can I apply for an ESTA during Covid?

If you are a citizen of a country that is part of the Visa Waiver Program, you can come to the United States without obtaining a visa from a U.S. Consulate. However, you still have to apply for authorization to travel to…

Jenny ZhanSeptember 17, 2020

Covid 19

My National Interest Exception Application was approved. What will serve as an evidence that it was approved? What documents should I have with me when travelling to the U.S.?

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 ZhanSeptember 17, 2020

Family Immigration

I entered the US without status 20 years ago but I have family members that have served in the US military. Does this qualify me for a Green Card?

Having a military family member does not automatically qualify a noncitizen for a green card, but the military family member can potentially lead to an easier path in obtaining a green card. In most green card cases, a noncitizen must…

Jenny ZhanSeptember 17, 2020

Approvals

E-2 Visa Approval & National Interest Exception approval for a Private Equity Brokerage at the U.S. Embassy in London

We just had an E-2 investor approval at the U.S. Embassy in London. The applicant was granted the visa for 5 years and the business is a private equity brokerage that transacts in commercial and non-consumer loans. Due to the current…

Jenny ZhanSeptember 16, 2020

Approvals

E-2 Investor Visa & E-2 employee visa approved at the U.S. Consulate in Toronto

We just had an E-2 investor visa and an E-2 employee visa approval at the U.S. Consulate in Toronto. The business manufactures small GPS devices and is located in Florida. The E-2 employee was approved for an E-2 employee visa under the executive employee…

Jenny ZhanSeptember 16, 2020

Covid 19

Coronavirus Update: ICE Extends Form I-9 Compliance Procedures during COVID-19 Pandemic

ICE has announced that it is extending its relaxed I-9 employment verification procedures until November 19, 2020. In normal times, when an employee starts at a company, companies are obligated to completes the I-9 Employment Eligibility Verification. This verification is mandatory…

Jenny ZhanSeptember 16, 2020

Deportation & Humanitarian Immigration

Factors to consider in a scenario when someone you know is detained by Immigration Customs Enforcement.

My undocumented spouse is currently detained by Immigration and Customs Enforcement agents. I would like to know if there is a way to get him released from immigration custody. After being detained by Immigration and Customs Enforcement agents, “ICE” you…

Jenny ZhanSeptember 14, 2020

E-2 Visa Immigration Investor Visas

My E-2 visa application was denied. When can I re-apply?

Jenny ZhanSeptember 14, 2020

Approvals

E-2 Investor Visa & National Interest Exception approval for a dog grooming business at the U.S. Consulate in London

We just had an E-2 investor visa approval at the U.S. Consulate in London. The business is a dog grooming store located in Utah. Due to the current Presidential Proclamation restricting travel to the U.S. for individuals in the Schengen region and the United…

Jenny ZhanSeptember 10, 2020

Covid 19

I am in the U.S. on an E-2 visa and want to travel to Europe for vacation. Can I apply for a NIE while I am in the U.S.? Can I apply for a NIE once I am in Europe?

Jenny ZhanSeptember 10, 2020

Covid 19

Are the U.S. Consulates processing E-2 visa applications? Are the U.S. Consulates conducting E-2 visa interviews?

Many of our clients often ask us whether the U.S. abroad are open, whether they are processing visa applications, and how long it takes to get an E-2 interview. In March 2020, the Department of State suspended routine visa services…

Jenny ZhanSeptember 10, 2020

Covid 19

My National Interest Exception application was denied. Will this affect my visa application in the future?

Jenny ZhanSeptember 10, 2020

E-1 Visa Immigration

Can my E-1 visa renewal Interview be waived?

An E-1 visa can be issued for up to 5 years, and after that it must be renewed. The renewal process usually involves showing that substantial trade still exists between the U.S. and the Treaty country. You can find some…

Jenny ZhanSeptember 9, 2020

Covid 19

Can I apply for a National Interest Exception at the port of entry? What is the procedure of applying for the NIE at the port of entry?

In July 2020, the Department of State announced that certain business and student travelers coming from Schengen countries or the U.K. and Ireland (such as B-1 business visitors), treaty traders, or treaty investors may apply for a National Interest Exception (“NIE”). The NIE allows such…

Jenny ZhanSeptember 9, 2020

Approvals

E-2 Investor Visa approval for a smoothie store in California

We just had an E-2 investor visa approval at USCIS. The business is a smoothie store and is located in California. The investor is a national of Canada and has extensive professional and management experience. USCIS granted the E-2 investor 2…

Jenny ZhanSeptember 9, 2020

Covid 19 E-2 Visa Immigration Investor Visas

US Consulate in Toronto has Resumed Processing E-2 Applications

According to the Toronto Consulate visa chief, the U.S. consulate in Toronto has resumed processing E-2 visa applications. An E-2 visa can be a great visa option for an investor who wants to buy or start a business. You can…

Jenny ZhanSeptember 8, 2020

H-1B and E-3 Visa L-1 Visa

I am an employee and my company has offered to sponsor me for an L-1 or H-1B visa. Which visa is the best option?

If you are working for a company abroad and you are given the option to transfer to the U.S., questions may arise as to which visa option is best for you. Usually your company will have a particular visa in…

Jenny ZhanSeptember 8, 2020

E-2 Visa Immigration Investor Visas

Where should I File my E-2 Visa petition? Why are E-2 visa filings through USCIS rare?

An E-2 visa application must be filed at a Consulate if you are not in the U.S. If you are in the U.S. and did not enter under the Visa Waiver Program (ESTA), you could file an E-2 visa application…

Jenny ZhanSeptember 8, 2020

Approvals

National Interest Exception Application approved at the CBP office at Newark airport

We just had a National Interest Exception Application approved at the CBP office at Newark airport. The approval was for a B-1 business visitor who is a national of Germany. The CBP office approved the application in one business day.…

Jenny ZhanSeptember 3, 2020

Approvals

National Interest Exception Application approved at the CBP office at Newark airport

We just had a National Interest Exception Application approved at the CBP office at Newark airport. The approval was for a B-1 business visitor who is a national of the UK. The CBP office approved the application in one business…

Jenny ZhanSeptember 3, 2020

E-2 Visa Immigration Investor Visas L-1 Visa

I am an employer and I want to transfer several employees to the U.S. Is the L-1 visa a good option? Is the E-2 visa a good option?

Sometimes employers are faced with the need to transfer many employees from abroad to the United States within a short time frame. For example, a manufacturing company may take on a project that requires engineers or designers with a specific…

Jenny ZhanSeptember 2, 2020

E-2 Visa Immigration Investor Visas

Can 2 investors get an E-2 Visa for the same Company? Can we get 2 E-2 visas?

An E-2 visa can be a great visa option for an investor who wants to buy or start a business. You can find out more about the E-2 visa requirements by clicking here. In many cases, only one investor exists,…

Jenny ZhanSeptember 2, 2020

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