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H-1B and E-3 Visa Immigration

USCIS Resumes Premium Processing For H-1B Cap Applications

USCIS has announced that it will resume premium processing on January 28, 2019 for all pending FY 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Premium processing was suspended in September last year…

Jenny ZhanJanuary 25, 2019

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Immigration News

Government Reopened for Three Weeks

President Trump announced on Friday, 35 days after the initial shutdown, that a continuing resolutions bill has been tabled to reopen the government for 3 weeks until February 15. This will allow government workers who have missed a month of…

Jenny ZhanJanuary 25, 2019

News

Ian E. Scott to sit on AILA panel at National Conference for E-2 Visas in Orlando

Ian E. Scott will be a speaker on the E-2 panel at the National American Immigration Lawyers Association (AILA) Conference in Orlando this June. Mr. Scott will sit on a panel with 3 other E-2 visa experts and will speak…

Jenny ZhanJanuary 24, 2019

Family Immigration Immigration

What is the Citizenship Question on the 2020 Census?

On Tuesday, U.S. District Judge George Hazel began trial on lawsuits challenging the Trump administration’s addition of a citizenship question on the 2020 census. The census is a population count that happens every ten years. The results are used to…

Jenny ZhanJanuary 23, 2019

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Deportation & Humanitarian Immigration Immigration

DHS will Continue to Accept DACA Renewal Applications

Last November, the Trump Administration requested the Supreme Court to expedite and consolidate review of challenges to its decision to terminate the Deferred Action for Childhood Arrivals (DACA) program. On September 5, 2017, the Trump Administration announced the end of…

Jenny ZhanJanuary 22, 2019

Immigration News

Will the definition of public charge change under the current administration? What does this mean for green card applicants?

On October 10, 2018 a proposed rule was published by the U.S. Department of Homeland Security (“DHS”), which seeks to change the definition of what immigration officers should consider when determining whether a green card applicant is likely to become…

Jenny ZhanJanuary 18, 2019

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Immigration

What is Continuous Residence and Physical Presence? Do I need to satisfy both of them to apply for U.S. citizenship?

Two requirements that you need to satisfy to become a U.S. citizen are continuous residence and physical presence. Even though these requirements may sound very similar, they are very different concepts, and it often happens that a person meets one…

Jenny ZhanJanuary 18, 2019

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Family Immigration Immigration

What if I am a derivative beneficiary in a green card application and I age out before the green card application is approved? Am I still eligible for a green card?

Let’s analyze the following scenario: Your uncle is a United States citizen and you want to immigrate to the United States. You cannot file form I-130, as nephews and nieces of a United States citizen are not one of the…

Jenny ZhanJanuary 16, 2019

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Family Immigration Immigration

Are my spouse and children eligible for green cards if I did not include them on my green card application? What are follow-to-join benefits?

If you were married or had children at the time your green card application was approved and your spouse or children did not apply for their green cards at that time, they may still be eligible for follow-to-join benefits to…

Jenny ZhanJanuary 16, 2019

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H-1B and E-3 Visa Immigration

USCIS Sends Final Version of New H-1B Cap Registration Rule to OMB

USCIS has sent the final version of the new H-1B cap registration rule to the Office of Management and Budget, moving the proposal closer to completion. The OMB has up to 90 days to review the regulation but is anticipated…

Jenny ZhanJanuary 14, 2019

Immigration News

February 2019 Visa Bulletin: Minor Advances and the Expired EB-5 Program

In the newly released January visa bulletin, EB-2 and EB-3 visas remain current for most countries. EB-2 in China have advanced two months to October 1, 2015 and India advanced 1 week to April 6, 2009. EB-3 for the Philippines…

Jenny ZhanJanuary 14, 2019

Immigration

What is Administrative Processing? What Does Administrative Processing Mean? How long can I Stay in Administrative Processing? Why was I placed in Administrative Processing?

When you apply for a visa (For example, E-2, B-1, H1-B, O-1) at a Consulate, there are several possible outcomes. The visa can be approved, denied (refused), or the application and applicant can be placed in Administrative Processing. What is…

Jenny ZhanJanuary 14, 2019

Immigration News

Three Weeks into the Government Shutdown: An Update on Immigration Services

We are three weeks into the government shutdown since December 21, 2018 and the following is an update on different immigration agencies and services. Visa Applications Overseas Consulates are still processing visa applications as normal. Consulates and the Department of…

Jenny ZhanJanuary 10, 2019

E-2 Visa Immigration Investor Visas

Can An E-2 Visa Denial be Appealed? What Happens if My E-2 Visa is Denied? What can you do if your E-2 visa has been Denied?

Scott Legal, P.C. has processed hundreds of E-2 visa applications and the firm has an approval rate of approximately 97%. (past results do not predict future outcome). While most E-2 visas are approved, there are some instances where E-2 applications…

Jenny ZhanJanuary 10, 2019

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Approvals

E-2 Visa Approval in Australia

Scott Legal, P.C. just had an E-2 visa approval in Melbourne Australia. Australian nationals can be granted an E-2 visa for 4 years and the visa is renewable indefinitely. The Business was a medical supply company and the investor purchased…

Jenny ZhanJanuary 10, 2019

E-2 Visa Immigration Investor Visas

Have there been any Changes to the E-2 visa under Trump? Is an E-2 visa harder to get now? Have E-2 Visas Changed? Are there New Rules for E-2 Visas?

An E-2 visa is a visa that allows foreign nationals to come to the U.S. to either purchase or start a business. The visa requires the applicant to invest money in the U.S. and ultimately hire U.S. workers. You can…

Jenny ZhanJanuary 9, 2019

Approvals

E-2 Visa approval for a Business Consulting Company at the U.S. Consulate in Toronto for a National of Italy

We just had an E-2 Investor visa approval at the U.S. Consulate in Toronto. The applicant was granted the visa for 5 years and the business is is a niche consulting company serving the beauty and fragrance industries. The applicant has…

Jenny ZhanJanuary 7, 2019

Approvals

H-1B approval for cap-subject H-1B at U.S. Citizenship & Immigration Services for a Management Analyst

We just received an H-1B approval from U.S. Citizenship & Immigration Services for a cap-subject H-1B. The H-1B was approved after a Request for Evidence questioning if the position was a specialty occupation. The applicant is a Management Analyst and…

Jenny ZhanJanuary 4, 2019

E-2 Visa Foreign Language Articles

Ako rozbehnúť váš business v Spojených Štátoch? E-2 víza môžu byť ideálnym riešením práve pre vás

Rozbehnúť váš vlastný business v Spojených Štátoch mohlo byť vždy niečo nad čím ste premýšlali a o čom ste vždy snívali. Ja, Ian E. Scott, som nad tým vždy uvažoval, ale keďže som pôvodne z Kanady a nemal som zelenú kartu, myslel som si,…

Jenny ZhanJanuary 3, 2019

H-1B and E-3 Visa Immigration

House of Representatives Approves Legislation granting E-3 Visa to Irish Nationals

On November 28, 2018, the House of Representatives approved a legislation that will allow Irish nationals to apply for an E-3 visa. The legislation still has to be approved by the Senate before it can go in front of the…

Jenny ZhanJanuary 2, 2019

H-1B and E-3 Visa Immigration

House of Representatives Approves Legislation granting E-3 Visa to Irish Nationals

Jenny ZhanJanuary 2, 2019

Immigration

Is there any difference between Change of Status and Adjustment of Status?

In plain language, the phrases ‘change of status’ and ‘adjustment of status’ may sound like they are describing the same process. However, in immigration law there is a fundamental difference between these two procedures. Change of Status When you come…

Jenny ZhanDecember 27, 2018

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Questions & Answers

I want to apply for a B visa, how can I prove that my stay in the U.S. will be temporary?

When you are applying for a B-1 (business) or B-2 (tourist) visa, you are presumed to be an immigrant and you must prove to the satisfaction of the Consular Officer that you will return to your home country at the…

Jenny ZhanDecember 27, 2018

Approvals

E-2 Visa Approval in Slovenia

We just had an E-2 visa approval at the U.S. Consulate in Slovenia. The applicant was a national from Slovenia and opened up a dental equipment repair and supply company. The visa was issued for 5 years and this was…

Jenny ZhanDecember 26, 2018

Deportation & Humanitarian Immigration Immigration

Supreme Court Rejects New Policy to Limit Asylum

On Friday, Supreme Court rejected the Trump administration’s request to immediately enforce a new policy to deny asylum to those who illegally cross the U.S. Mexico border. Originally enacted on November 8 using Presidential authority granted by Congress, the new…

Jenny ZhanDecember 21, 2018

USCIS Resumes Premium Processing For H-1B Cap Applications

Government Reopened for Three Weeks

Ian E. Scott to sit on AILA panel at National Conference for E-2 Visas in Orlando

What is the Citizenship Question on the 2020 Census?

DHS will Continue to Accept DACA Renewal Applications

Will the definition of public charge change under the current administration? What does this mean for green card applicants?

What is Continuous Residence and Physical Presence? Do I need to satisfy both of them to apply for U.S. citizenship?

What if I am a derivative beneficiary in a green card application and I age out before the green card application is approved? Am I still eligible for a green card?

Are my spouse and children eligible for green cards if I did not include them on my green card application? What are follow-to-join benefits?

USCIS Sends Final Version of New H-1B Cap Registration Rule to OMB

February 2019 Visa Bulletin: Minor Advances and the Expired EB-5 Program

What is Administrative Processing? What Does Administrative Processing Mean? How long can I Stay in Administrative Processing? Why was I placed in Administrative Processing?

Three Weeks into the Government Shutdown: An Update on Immigration Services

Can An E-2 Visa Denial be Appealed? What Happens if My E-2 Visa is Denied? What can you do if your E-2 visa has been Denied?

E-2 Visa Approval in Australia

Have there been any Changes to the E-2 visa under Trump? Is an E-2 visa harder to get now? Have E-2 Visas Changed? Are there New Rules for E-2 Visas?

E-2 Visa approval for a Business Consulting Company at the U.S. Consulate in Toronto for a National of Italy

H-1B approval for cap-subject H-1B at U.S. Citizenship & Immigration Services for a Management Analyst

Ako rozbehnúť váš business v Spojených Štátoch? E-2 víza môžu byť ideálnym riešením práve pre vás

House of Representatives Approves Legislation granting E-3 Visa to Irish Nationals

House of Representatives Approves Legislation granting E-3 Visa to Irish Nationals

Is there any difference between Change of Status and Adjustment of Status?

I want to apply for a B visa, how can I prove that my stay in the U.S. will be temporary?

E-2 Visa Approval in Slovenia

Supreme Court Rejects New Policy to Limit Asylum

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