Proposed H-1B Cap Registration Fee Under Review
The Department of Homeland Security have submitted a proposal to charge an unknown amount of fee for companies registering foreign nationals for the upcoming [...]
Five Years of Social Media Information Now Required for Visa Applications
Last week, the U.S. Department of State updated the DS160 and DS260 forms to include a question asking for the applicant’s last 5 years [...]
White House Issues Strict Enforcement of Sponsor Laws
The White House has issued a memo on May 23 ordering different government departments to enforce a decades-old law (Section 213A of the INA [...]
How do I make sure my E-2 case is strong enough? What are some things that Consulates view as red flags in an E-2 application?
Scott Legal recently consulted with a client who wanted to know if their E-2 application was strong enough to submit to the Consulate and [...]
One McPassport with a Side Order of Fries to Go, Please!
In lighthearted and joyous news today, the U.S. Embassy in Vienna has announced on Facebook that the U.S. Ambassador to Austria, Trevor Traina, signed [...]
Can I quit my current job and start working at another employer while my I-485 is pending? Can I use my approved EAD to work at another employer?
Many employment based green card applications are processed while an applicant is on an H-1B visa. This usually involves filing an I-140 petition along [...]
White House Announces New Immigration Plan
The Trump Administration have announced on May 16, 2019 that it has created a plan to reform the U.S. immigration system. Specific details of [...]
FY 2020 Diversity Visa Winners Selected
U.S. Statement Department have announced that they have chosen the winners of the FY 2020 Diversity Visa Lottery. The Diversity Immigrant Visa Program makes [...]
What happens if the Petitioner of an I-130 petition dies before beneficiary gets a green card? Can a beneficiary still get a green card if a Relative dies?
If you are a U.S. citizen or a green card holder, you can file form I-130 and sponsor certain family relatives for a green [...]
White House issue Memo Regarding Non-Immigrant Visa Overstays
A Presidential Memorandum was released on April 22 directing the Departments of State and Homeland Security to recommend ways to reduce the number of [...]
I was selected in a Diversity Visa Lottery. How do I qualify for the Diversity Lottery Green Card? What documents do I need to submit for the Diversity Lottery?
If you receive notification from the Electronic Diversity Visa Website that you have been selected in the Diversity Visa Program, you must complete numerous [...]
USCIS Form Request Phone Service to Terminate on June 1
Starting on June 1, 2019, USCIS forms can no longer be requested on the phone. Previously, by calling USCIS’ client services, individuals can request [...]
I am a U.S. citizen and my child was born abroad. Is my child a U.S. citizen? What should I do after my child is born? Can my child get a U.S. passport?
If you are a U.S. citizen and your child was born outside the U.S., your child may acquire U.S. citizenship at birth. However, simply [...]
My Green Card application is pending, and my EAD card and Advance parole are about to expire. Do I have to renew them? Do I have to pay for the renewals?
Let’s analyze the following scenario: You filed your Green Card application with the USCIS and you simultaneously applied for an Employment Authorization Document (“EAD”) [...]
H-1B Advanced Cap for FY 2020 has been Reached!
USCIS has received sufficient number of petitions for the congressionally-mandated 20,000 H-1B master cap for FY 2020. The 65,000 regular cap was reached last [...]
My immigrant visa was approved at the U.S. Consulate abroad: Will I be able to enter the U.S. when I do not have my green card yet? How long will it take to get my green card?
If your green card application (such as family based green card, employment green card, or green card through the diversity lottery) was approved at [...]
What is Implied Departure? How can a Canceled Plane Ticket Impact Your USCIS Application? I cancelled my airline ticket, will it impact immigration?
For national security reasons, airlines routinely transmit passenger information to Customs and Border Patrol (CBP) whenever a plane ticket is purchased. This is done [...]
What is the Adam Walsh Act? How can the Adam Walsh Act limit the immigration rights of a U.S. Citizen or Green Card Holder?
Form I-130 is an immigration form submitted to the United States Citizenship and Immigration Service (USCIS) by a U.S. citizen or Green card holder [...]
H-1B Regular Cap for FY 2020 has been Reached!
USCIS has received sufficient number of petitions for the congressionally-mandated 65,000 H-1B visa regular cap for FY 2020. USCIS will now determine whether it [...]
April 2019 Visa Bulletin
In the newly released January visa bulletin, EB-2 and EB-3 visas remain current for most countries. EB-2 in China have advanced 3 months to [...]
Department of Labor issues new LCA Electronic Posting Requirements
New guidelines issued by the Wage and Hour Division of the Department of Labor on March 15, 2019 imposes enhanced obligations on electronic posting [...]
New H-1B Database Website to be Unveiled on April 1
USCIS will unveil a new website on April 1, 2019 that will expand on the amount of H-1B petitioner data available to the public. [...]
Is my Permanent Residency Automatically Extended when I Submit a Form I-829 Application? What is an Infopass Appointment and when should I book one?
The EB-5 program, also known as the Million Dollar Green Card, allows investors to obtain a Green Card if they invest either $500,000 or [...]
Premium Processing Will be Accepted for the Upcoming H-1B Cap Season
United States Citizenship and Immigration Services (USCIS) announced today that premium processing will be offered in a two phased procedure during the upcoming Fiscal [...]
USCIS to Close International Immigration Offices
Politico.com reported on March 12 that USCIS had plans to close all international field offices. The agency is currently in preliminary discussions to transfer [...]
My Green Card Won’t be Available for Decades, What Can I do To Move to the United States in the Meantime? Can I get an E-2 visa if I get Citizenship from Grenada?
What is Retrogression? Why Does it Happen? Are there other visa options if I cannot get a Green card? How long will I have [...]
Can I get an E-2 if I get Citizenship from Grenada? What are options for the long EB-5 waits? Is an E-2 visa an option to the long EB-5 waits? Grenada E-2 Visa
E-2 visas are available to nationals of certain countries who invest, start or buy U.S. businesses that will ultimately hire U.S. workers. You can [...]
USCIS Resumes Premium Processing for All H-1B Petitions
Starting today, USCIS will resume premium processing services for all new and pending H-1B petitions. Premium Processing for H-1B Cap applications resumed on January [...]
Decline in H-1B Visa Approval Rates
Last week, USCIS published data showing increases in the number of Request for Evidence (RFE) and denials issued for H-1B Visa applications. The H-1B [...]
New EB-5 Rule Sent to Office of Management and Budget for Review
The Department of Homeland Security has sent a new EB-5 regulation to the Office of Management and Budget (OMB) for federal review. The contents [...]
Proposed H-4 Work Authorization Rescission Regulation Under Federal Review
The Department of Homeland Security has submitted a proposal to rescind the H-4 spousal work authorization regulation to the Office of Management and Budget [...]
TN Visa Approval For Management Consultant at Pearson Airport
Scott Legal P.C. just had a TN visa approval at Pearson international airport in Toronto for a Canadian national under the Management Consultant category. [...]
Congress Passes FY 2019 Spending Bill, Avoiding a Second Government Shutdown
Last night Congress passed an appropriations bill that will fund the Department of Homeland Security, the State Department, and other federal agencies through to [...]
Biometrics Now Required for Certain Foreign Nationals Seeking a Change or Extension of Nonimmigrant Status
On March 11, USCIS will introduce a new Form I-539, Application to Extend/Change Nonimmigrant Status. This revised version of the form will be implemented [...]
Unsecured Loan EB-5 Class Action Lawsuit: Potential Members Can Now Have Their Denials Reconsidered By USCIS
Zhang v. USCIS is a November 2018 Class Action Lawsuit that challenged USCIS’ denials of EB-5 investment petitions that had investment funds sourced solely [...]
