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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

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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

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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

Family Immigration Immigration

FY 2021 Diversity Visa Lottery Opens October 2

Starting from noon EST on October 2, 2019, the State Department will begin accepting online registration for Fiscal Year 2020 Diversity Visa lottery here. Foreign nationals who qualify for the lottery have until noon EST on November 5 to file online.…

Jenny ZhanSeptember 25, 2019

Approvals

E-2 Visa Approval for Employee Management Company at Toronto Consulate

Scott Legal just had an approval for an employee performance management solutions company located in New York. The applicant is an experienced management consultant. The visa was approved for 5 years at the U.S. Consulate in Toronto. Click on…

Jenny ZhanSeptember 24, 2019

Approvals

E-2 Visa approval for General Manager of a Spanish Restaurant at the U.S. Embassy in Madrid

We just had an E-2 employee visa approval at the U.S. Embassy in Madrid. The employee is an experienced chef and restaurant manager. The employee was granted the visa for 5 years and will manage a Spanish restaurant located in Texas. …

Jenny ZhanSeptember 23, 2019

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Deportation & Humanitarian Immigration Immigration

What is “extreme cruelty”?

Extreme cruelty is a term often used within the context of Violence Against Women’s Act (VAWA) Self-petitions. VAWA is immigration benefit available for some relatives of U.S. citizens or Green Card holders who suffer domestic violence at the hand of…

Jenny ZhanSeptember 23, 2019

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H-1B and E-3 Visa Immigration

H-4 EAD Rescission Delayed Until Spring 2020

The Department of Homeland Security has announced that the proposed regulation to rescind the H-4 employment authorization program is not likely to be published until Spring 2020, and that even this estimate is “aspirational”. For more information please click here and here. This…

Jenny ZhanSeptember 20, 2019

Immigration

October 2019 Visa Bulletin: EB-2 and EB-3 Visas Now Current for Most Countries.

In the recently published October visa bulletins, EB-2 and EB-3 visas are now current for most countries expect for Mainland China, India, and the Philippines. EB-2 and EB-3 visas became retrogressed in September for the world as visas were used…

Jenny ZhanSeptember 20, 2019

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Deportation & Humanitarian Immigration Immigration

Government to Process Deferred Action Cases Again After Backlash

The government announced on Monday that it will process recently denied deferred action cases from seriously ill immigrants who are currently undergoing life saving medical care again. This is a reversal of a previous policy that has drawn widespread criticism…

Jenny ZhanSeptember 20, 2019

Approvals

K-1 Visa approval at the U.S. Embassy in Bangkok

We just had a K-1 visa approved at the U.S. Embassy in Bangkok. K-1 visas can be granted to fiancé(e)s of U.S. Citizens. Once a person enters the U.S. on the K-1 visa, they have 90 days in which to marry…

Jenny ZhanSeptember 18, 2019

Deportation & Humanitarian Immigration Immigration

What is VAWA and how could I qualify?

The Violence Against Women Act (VAWA) is a law that protects the rights of domestic violence survivors. Within the immigration field, it has allowed for certain immigrants to obtain protection from deportation and gain lawful immigration status. How do I…

Jenny ZhanSeptember 17, 2019

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H-1B and E-3 Visa Immigration

Proposed Rule to Terminate H-4 Employment Authorization Still Under Review

The Department of Homeland Security’s proposal to terminate the H-4 employment authorization program is still under review with the Office of Management and Budget. DHS sent the proposed rule to the OMB for review in February. Typically, proposed rules clear…

Jenny ZhanSeptember 11, 2019

Approvals

TN Visa Approved for a Lawyer at the U.S. Consulate in Mexico City

Scott Legal, P.C. just had a TN visa approval for a Mexican national under the category of Lawyer at the U.S. Consulate in Mexico City. A TN visa is a visa available to Canadian and Mexican nationals for certain professions. …

Jenny ZhanSeptember 10, 2019

Approvals

Marriage Based Green Card Approval

Scott Legal, P.C. just had a green card approval for a petition based on marriage. The applicant completed the adjustment of status interview and the green card was approved a few days after the interview. A marriage based green card…

Jenny ZhanSeptember 10, 2019

Approvals

O-1 Visa Approval for Architectural and Interior Designer

One of our Scott Legal lawyers received an approval on an O-1 petition that he recently worked on. The client was an architectural and interior designer who was being petitioned by a leading hospitality design firm and was in the…

Jenny ZhanSeptember 6, 2019

Immigration

Am I a victim for purposes of the U visa? U visas for bystanders or indirect victims

The U Nonimmigrant status, also known as U visa, is designed to encourage immigrant community members to report crimes to law enforcement. The U visa allows qualifying applicants and, in some cases, some of their family members, to gain protection…

Jenny ZhanSeptember 6, 2019