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

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Family Immigration Immigration

New Health Insurance Requirements on Immigrant Visa Applicants

Starting on November 3, 2019, immigrant visa applicants at U.S. Consulates abroad must prove either that they will acquire approved health insurance within thirty days of their entry into the U.S. or that they have means to pay for reasonable…

Jenny ZhanOctober 18, 2019

Immigration L-1 Visa

What is L-1 visa? What is blanket L petition? Can my company file blanket L petition? What are the advantages of filing blanket L petition?

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…

Jenny ZhanOctober 18, 2019

Family Immigration Immigration

What is PIMS? What Happens if My Visa Approval is Not in PIMS?

PIMS (Petition Information Management Service) is an electronic system that provides U.S. consular posts with notification of non-immigrant visa petition approvals. It is the only source of petition approval evidence used in the issuance of visas in H, L, O,…

Jenny ZhanOctober 18, 2019

Family Immigration Immigration

I have a Conditional Green Card based on a Marriage to a U.S. citizen. What do I need to do to remove the conditions from my Green Card? What if I am no longer with my spouse?

If you obtained your green card based on a marriage to a U.S. citizen and you have been married to the U.S. citizen for less than 2 years on the day you obtained your green card, your green card will…

Jenny ZhanOctober 14, 2019

E-2 Visa Family Immigration Immigration Investor Visas

Will filing an immigrant petition impact my E-2 renewal? Is an E-2 visa a dual intent visa? Can I Renew my E-2 visa if I file an I-140 petition?

An E-2 visa is not a dual intent visa but it is about as close to a dual intent visa as you can get. You can find out more about immigrant intent and dual intent by clicking here. For E-2…

Jenny ZhanOctober 14, 2019

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E-2 Visa Extraordinary Ability H-1B and E-3 Visa Immigration Investor Visas L-1 Visa TN Visa

Which non-immigrant visa categories allow my spouse to work in the U.S.? How and when can my spouse apply for the work authorization? Can my spouse work for any employer?

If you are currently in the U.S. on a non-immigrant visa, your spouse may be able to work in the U.S. This article will discuss which spouses of non-immigrant visa holders are/are not authorized to work in the U.S. This…

Jenny ZhanOctober 14, 2019

Deportation & Humanitarian Immigration Family Immigration Immigration

State Department Issues Public Charge Regulations that Align with DHS Rules

The State Department published new public charge rules that will take effect on October 15. These new rules largely mirror the Department of Statement’s public charge rules. To find out more about DHS’ changes, please click here. According to the…

Jenny ZhanOctober 11, 2019

Deportation & Humanitarian Immigration Family Immigration Immigration

New York Judge Issues Nationwide Preliminary Injunction to Block New Public Charge Rule

Today, a New York District judge issued a preliminary injection against the new “public charge” rules, preventing it from coming into effect on October 15. The new rules changed the definition of what immigration officers should consider when determining whether…

Jenny ZhanOctober 11, 2019

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Approvals

H-1B Transfer Approval for Senior Digital Product Manager at E-Commerce Retail Company

We received an approval for an H-1B transfer case for a Senior Digital Product Manager who had extensive experience in the field working in a similar position. Despite the heightened scrutiny and increase in RFE issuance in recent times, the…

Jenny ZhanOctober 8, 2019

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Immigration

What is Premium Processing Service? When can I file for Premium Processing? How much is the fee for Premium Processing?

Premium Processing Service means that USCIS will issue a decision (approval, denial, Request for Evidence, or Notice of Intent to deny) within 15 calendar days. The 15 days clock begins when USCIS properly receives the relevant petition, along with I-907…

Jenny ZhanOctober 8, 2019

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Family Immigration Immigration

I am a U.S. citizen, which members of my family can I sponsor for a green card? Who are my immediate relatives? Can my immediate relatives get a green card?

If you are a U.S. citizen, you can sponsor certain family members for a green card. There are two categories of family members you can sponsor: your immediate relatives and relatives you can sponsor through family preference categories. The benefit…

Jenny ZhanOctober 8, 2019

Extraordinary Ability Immigration

Can Social Media Influencers Apply for the O-1 Visa? Can Brand Ambassadors Apply for the O-1 Visa?

The O-1 nonimmigrant visa is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally…

Jenny ZhanOctober 4, 2019

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Deportation & Humanitarian Immigration Immigration

United States Once Again Lowers Number of Refugees it Will Accept

For the third year in a row, the United States will slash the number of refugees it will accept. In the next fiscal year, up to 18,000 refugees will be allowed in the country, down from the cap of 45,000…

Jenny ZhanOctober 4, 2019

Deportation & Humanitarian Immigration Immigration

Syria TPS Re-Registration Period Opens

Temporary Protected Status (TPS) for Syrian nationals have been extended for 18 months from September 30, 2019 to March 31, 2021. Current beneficiaries will have until November 22, 2019 to request the extension of status and work authorization. This extension…

Jenny ZhanOctober 4, 2019

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Visa Waivers

Poland Nominated for Visa Waiver Program (ESTA)

Today, the Department of State has formally nominated Poland for entry into the Visa Waiver Program. The Department of Homeland Security will now take the necessary action to assess Poland’s entry into the program. The Visa Waiver Program or ESTA…

Jenny ZhanOctober 4, 2019

Approvals

E-2 Visa approval for a Digital Marketing Company at the U.S. Consulate in Toronto for a National of France

We just had an E-2 investor visa approval at the U.S. Consulate in Toronto for a national of France. The applicant was granted the visa for 5 years. The business is a digital marketing company and is based in Los…

Jenny ZhanOctober 3, 2019

Approvals

H-1B Change of Employer Petition Approval for an Accountant at the U.S. Consulate in New Delhi for a National of India

We just had an H-1B petition approval at the U.S. Consulate in New Delhi. USCIS approved the I-129 change of employer petition (because the Beneficiary was outside the U.S. the petition was filed as Consular Processing and not Change of…

Jenny ZhanOctober 3, 2019

E-2 Visa Immigration Investor Visas

Can I apply for the Diversity Lottery While on an E-2 visa? Will the Diversity Lottery impact my visa? Can I apply for the diversity lottery?

The diversity lottery gives 50,000 people from different countries the opportunity to get a green card. You can find out more about the Diversity Lottery by clicking here. Many people apply for the diversity lottery and common questions are: Could…

Jenny ZhanOctober 3, 2019

Approvals

E-2 Visa approval for a UK national at the U.S. Consulate in London

We just had an E-2 investor visa approval at the U.S. Consulate in London. The applicant was granted the visa for 5 years and the business is based in Colorado. Click on the buttons below in order to claim your…

Jenny ZhanOctober 2, 2019

Approvals

H-1B Approval for a Cap-Subject H-1B Change of Status case at USCIS for an Accountant

We just received an H-1B approval from USCIS for a cap-subject H-1B. The applicant is an Accountant and has a Bachelor’s Degree in Accounting from a U.S. University. The employer is a cosmetics company and is based in New York…

Jenny ZhanOctober 1, 2019

Immigration TN Visa

What is TN visa? Can I be self-employed on TN visa? Can I work as an independent contractor on TN Visa?

Certain professionals who are citizens of Canada or Mexico can apply for TN visa. For example, architects, engineers, lawyers, management consultants, psychologists, and computer system analysts with required qualifications can apply for TN visa. Here are the requirements you have…

Jenny ZhanSeptember 30, 2019

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H-1B and E-3 Visa Immigration

What is Cap-Gap Extension? Can I stay in the U.S. after my OPT work authorization card expires but before I am able to start working in H-1B status?

Let’s analyze the following scenario: You are in the U.S. on F-1 OPT status and you are working for an employer. During the cap season, your employer files an H-1B Cap Change of Status petition and the case is selected…

Jenny ZhanSeptember 30, 2019

E-2 Visa Immigration Investor Visas

Do E-2 investment funds have to come from my home country? Can my E-2 investment come from money I made in the U.S.? Where can the E-2 Investment come from?

An E-2 visa requires a substantial investment (usually over $100,000) and this money must be spent on all of the things needed to get the business ready to conduct business. You can find out more about the E-2 visa requirements…

Jenny ZhanSeptember 27, 2019

Approvals

Green Card Approval For EB-5 Applicant

Scott Legal just received a Green Card approval for an EB-5 applicant. The applicant submitted the original I-526 in April 2017 and retained Scott Legal to resolve a Request for Evidence issued by USCIS. The applicant is an Indian national…

Jenny ZhanSeptember 27, 2019

EB-5 Visa Immigration Investor Visas News

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

On September 26, 2019, Congress has passed a short-term spending bill through until November 21, 2019. This means that the programs that were slotted to expire on September 30 have been given an extension without change for another 2 months.…

Jenny ZhanSeptember 26, 2019

New Health Insurance Requirements on Immigrant Visa Applicants

What is L-1 visa? What is blanket L petition? Can my company file blanket L petition? What are the advantages of filing blanket L petition?

What is PIMS? What Happens if My Visa Approval is Not in PIMS?

I have a Conditional Green Card based on a Marriage to a U.S. citizen. What do I need to do to remove the conditions from my Green Card? What if I am no longer with my spouse?

Will filing an immigrant petition impact my E-2 renewal? Is an E-2 visa a dual intent visa? Can I Renew my E-2 visa if I file an I-140 petition?

Which non-immigrant visa categories allow my spouse to work in the U.S.? How and when can my spouse apply for the work authorization? Can my spouse work for any employer?

State Department Issues Public Charge Regulations that Align with DHS Rules

New York Judge Issues Nationwide Preliminary Injunction to Block New Public Charge Rule

H-1B Transfer Approval for Senior Digital Product Manager at E-Commerce Retail Company

What is Premium Processing Service? When can I file for Premium Processing? How much is the fee for Premium Processing?

I am a U.S. citizen, which members of my family can I sponsor for a green card? Who are my immediate relatives? Can my immediate relatives get a green card?

United States Once Again Lowers Number of Refugees it Will Accept

Syria TPS Re-Registration Period Opens

Poland Nominated for Visa Waiver Program (ESTA)

E-2 Visa approval for a Digital Marketing Company at the U.S. Consulate in Toronto for a National of France

H-1B Change of Employer Petition Approval for an Accountant at the U.S. Consulate in New Delhi for a National of India

Can I apply for the Diversity Lottery While on an E-2 visa? Will the Diversity Lottery impact my visa? Can I apply for the diversity lottery?

E-2 Visa approval for a UK national at the U.S. Consulate in London

H-1B Approval for a Cap-Subject H-1B Change of Status case at USCIS for an Accountant

What is TN visa? Can I be self-employed on TN visa? Can I work as an independent contractor on TN Visa?

What is Cap-Gap Extension? Can I stay in the U.S. after my OPT work authorization card expires but before I am able to start working in H-1B status?

Do E-2 investment funds have to come from my home country? Can my E-2 investment come from money I made in the U.S.? Where can the E-2 Investment come from?

Green Card Approval For EB-5 Applicant

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

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