Blog Immigration and Business Law | Scott Legal, P.C.- Part 2

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

Foreign Language Articles

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

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

Extraordinary Ability 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

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…

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

Deportation & Humanitarian Immigration

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

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

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

E-2 Visa Immigration Investor Visas

Does the money for the E-2 investment have to be spent in the U.S.?

The E-2 Visa is a visa that is available for an entrepreneur that wants to buy or start a business in the U.S. The investment must be substantial, and the business must be able to hire U.S. workers. You can find out…

Jenny ZhanDecember 17, 2020

What is an L-1A executive visa? How do I know if I meet the requirements? Do I need to be a CEO to qualify?

Jenny ZhanDecember 17, 2020

H1B approval for a Finance Professional working in the Food Industry

We just had an H-1B approval with U.S. Citizenship & Immigration Services (USCIS). The beneficiary is a finance professional working in the food industry who changed employers. If a beneficiary is already in the U.S. in H-1B status and meets…

Jenny ZhanDecember 17, 2020

Marriage Based Green Card Approval

Scott Legal, P.C. just had a green card approval for a petition based on marriage to a U.S. citizen. The client was granted conditional legal permanent residency for two years and will be able to remove the conditions on the…

Jenny ZhanDecember 17, 2020

Green Card Renewal Application Approved

We just had an green card renewal approval for a Swedish national. The applicant will receive a green card that is valid for 10 years. You can set up a consultation by clicking the link below. To find out more…

Jenny ZhanDecember 16, 2020

Approval of Request for Reinstatement of I-140 Petition under Section 204(l) Relief for Surviving Relatives

We just had USCIS agree to reinstate an I-140 approval for a client whose relative passed away after the I-140 was approved. Section 204(l) Relief for Surviving Relatives allows certain principal and derivative applicants to seek the reinstatement of a…

Jenny ZhanDecember 16, 2020

News

Michaela Vrazdova spoke at National Interest Exception Questions and Answers for Immigration Lawyers

Michaela Vrazdova spoke on National Interest Exception issues at a Corporate Practice/Consular Practice/CBP Practice event for AILA’s New York Chapter. Michaela Vrazdova was a discussion leader for the Consular Practice Committee and she discussed the National Interest Exception application process at different…

Jenny ZhanDecember 15, 2020

News

Congress Passes Short Term Spending Measure Extending EB-5 and Other Immigration Programs

On December 11, 2020 Congress has passed a short-term spending bill through until December 18. This means that the programs that were slotted to expire on December 11 have been given an extension without change for another 7 days. The…

Jenny ZhanDecember 15, 2020

Family Immigration Immigration

L-1 Visa Questions & Answers

The L-1 visa permits U.S. employers that have a qualifying relationship with a company abroad to transfer employees in managerial, executive or specialized knowledge roles to the U.S. The employee must have worked for the company abroad for at least…

Jenny ZhanDecember 15, 2020

Who is a joint-sponsor? Who is a substitute sponsor? Can the green card applicant’s income be used to show sufficient income for Form I-864?

If you are applying for a green card through Adjustment of Status, in most cases you will have to submit form I-864, Affidavit of Support. Affidavit of Support is basically a contract between the sponsor and the government in which…

Jenny ZhanDecember 15, 2020

How past marijuana related convictions can affect noncitizens without status living in the United States.

I last entered on a student visa and never left the United States since my entry. I am now married to a US citizen who is intending to petition for me to obtain my green card, so I would like…

Jenny ZhanDecember 14, 2020