English | Scott Legal, P.C.

A staffing company conducting interviews

E-2 Visa

Understanding the E-2 Visa “Real and Operating” Requirement

Entrepreneurs applying for an E-2 Investor Visa must meet several key requirements to qualify. One of the most important—and often misunderstood—is the real and operating business requirement. This rule ensures that the business is not just an investment on paper…

Marijan PetrovskiApril 4, 2025

Approvals

E-2 Visa Approved for an Import and Logistics Company

We are excited to share another E-2 visa success story! Our client, a German national residing in Singapore, recently obtained approval for an E-2 visa at the U.S. Consulate in Singapore. This marks a significant milestone in their entrepreneurial journey,…

Marijan PetrovskiApril 3, 2025

E-2 Visa

Understanding the E-2 Visa’s Marginality Requirement: What It Is and Why It Matters

For entrepreneurs applying for the E-2 investor visa, meeting the visa's various requirements can be complex. One of the most important—yet often misunderstood—is the "marginality requirement." This condition plays a critical role in determining whether your E-2 visa will be…

Marijan PetrovskiApril 3, 2025

Questions & Answers

What is Required to Renew the International Entrepreneur Rule Visa?

The International Entrepreneur Rule is a new immigration category that is available to entrepreneurs who start a business in the U.S. that has a benefit to the U.S. An entrepreneur can obtain this immigration benefit for an initial period of…

Khadija DerrickApril 2, 2025

Approvals

EB-2 National Interest Waiver (NIW) Petition Approved

Scott Legal, P.C. just had an EB-2 National Interest Waiver (NIW) petition approved for an Entrepreneur. The petition was approved in less than 30 days. The applicant was an entrepreneur and business owner who owned a number of local business…

Marijan PetrovskiMarch 25, 2025

A researcher looking at something under a microscope

National Interest Waiver

How Researchers Can Prove “Well Positioned” to Qualify for a NIW

This post will compare two fact patterns that show what factors are important for proving that a researcher is well positioned to advance their proposed endeavor to qualify for an NIW.

Khadija DerrickMarch 25, 2025

White House & President Immigration News

Potential Impact of the Trump Administration on E-2 Visas: Increased Interest in Green Card Options

One possible impact of the Trump Administration on E-2 visa holders is a heightened interest in transitioning to permanent residency (Green Card status). From 2016 to 2020, immigration policy changes and stricter visa renewal processes created uncertainty for many visa…

Marijan PetrovskiMarch 24, 2025

Two business professionals discussing finances over charts

Approvals

O-1A Change of Employer Petition to Applicant’s Own LLC Approved by USCIS

We just had an O-1A Change of Employer petition approved for an investment and business consultant by the USCIS Vermont Service Center. The beneficiary is a well-known expert in leading large-scale investment initiatives involving high-tech energy companies, and applied for…

Marijan PetrovskiMarch 19, 2025

E-2 Visa White House & President Immigration News

Potential Impact of the Trump Administration on E-2 Visas: Increased Administrative Processing

One possible impact of the Trump Administration on E-2 visa processing is the increased use of administrative processing, which could lead to significant delays for applicants. This is particularly relevant given the administration's focus on extreme vetting and heightened security…

Marijan PetrovskiMarch 19, 2025

Approvals

Green Card Approved Based on EB2 NIW Petition

Scott Legal P.C. just had an I-485 Green Card petition approved based on EB2 NIW petition for an aircraft engineer and entrepreneur. We initially helped the client file an EB2 NIW I-140 petition, which was approved in March 2023. The…

Marijan PetrovskiMarch 19, 2025

E-2 Visa White House & President Immigration News

Potential Impact of the Trump Administration on E-2 Visas: Elimination of Interview Waivers

One possible change under the Trump Administration could be the elimination of E-2 visa interview waivers. This means that all applicants, including those renewing their visas, may be required to attend an in-person consular interview instead of benefiting from a…

Marijan PetrovskiMarch 18, 2025

A doctor filling out a medical report on a clipboard

Approvals

E-2 Visa Approved by the US Consulate in Toronto for a Pharmacy Business

We recently had an E-2 visa petition approved at the U.S. consulate in Toronto, Canada. The applicant purchased majority shares of a pharmacy business in Washington D.C. and was granted the E-2 visa to allow him to develop and direct…

Marijan PetrovskiMarch 17, 2025

E-2 Visa White House & President Immigration News

Potential Impact of the Trump Administration on E-2 Visas: Elimination of Deference Policy

As immigration policies evolve, one potential change under the Trump Administration could affect E-2 visa renewals—the possible elimination of the deference policy. This change could make the renewal process more challenging for E-2 visa holders filing through U.S. Citizenship and…

Marijan PetrovskiMarch 17, 2025

Approvals

EB1A Extraordinary Ability Petition Approved for a Marketing Expert

We recently had a EB1A Extraordinary Ability immigrant petition (I-140) approved with USCIS Texas Service Center without an RFE. The applicant is a marketing expert who has served in senior positions at globally leading companies in the energy and auto…

Marijan PetrovskiMarch 14, 2025

E-2 Visa White House & President Immigration News

Potential Impact of the Trump Administration on E-2 Visas: Changes in Approval Rates

One possible change under the Trump Administration could be a decrease in E-2 visa approval rates. Historically, E-2 visa approvals hovered around 80-81% from 2016 to 2020, even when including applicants who applied without legal assistance or through more challenging…

Marijan PetrovskiMarch 14, 2025

Approvals

National Interest Waiver (NIW) Approved After RFE for an Investment Expert

We were able to turn an RFE into an Approval for an NIW petition for a cross-border investment expert. The applicant proposed to direct a consultancy connecting foreign investors with U.S. early-stage startups in cutting-edge tech fields. The RFE challenged the…

Marijan PetrovskiMarch 13, 2025

National Interest Waiver

USCIS Updates Policy on National Interest Waiver (NIW) Eligibility

On January 15, U.S. Citizenship and Immigration Services (USCIS) announced updates to its policy manual regarding how it assesses National Interest Waiver (NIW) cases. The new guidance provides additional clarity on the qualifications required for an NIW, emphasizing that not…

Marijan PetrovskiMarch 13, 2025

E-2 Visa White House & President Immigration News

Possible Impact of the Trump Administration on E-2 Visas: Extended Wait Times at Consulates

As the U.S. government undergoes administrative changes, visa applicants may face delays in processing times. One potential impact of the Trump Administration on E-2 investor visas is extended wait times at U.S. consulates. These delays can result from various factors,…

Marijan PetrovskiMarch 12, 2025

Extraordinary Ability

Is the O Visa a Lottery? Understanding the O Visa Process

The O Visa is not a lottery. Unlike the H-1B visa, which has an annual cap and requires applicants to go through a random selection process, the O Visa has no annual quota. This means that applicants can apply at…

Marijan PetrovskiMarch 11, 2025

National Interest Waiver

Can F-1 Visa Holders Apply for the EB-2 National Interest Waiver (NIW)?

F-1 visa holders pursuing higher education in the U.S. may wonder whether they can apply for the EB-2 National Interest Waiver (NIW). The answer is technically yes—an F-1 visa holder can apply for an NIW petition. However, there are key…

Marijan PetrovskiMarch 10, 2025

A consultant shaking hands with a client

Approvals

EB-5 Petition Approved for Spa Business in California

We are happy to announce the successful EB-5 petition approval for an investor establishing a spa treatment facility in California. This business, located in a high-employment area, received approval in 18 months, highlighting the opportunities available for investors pursuing U.S.…

Marijan PetrovskiMarch 10, 2025

Approvals

E-2 USCIS Petition Approved for Grenadian Investor

We are pleased to announce the successful approval of an E-2 petition for a Grenadian investor. The petition was filed as an amendment petition with USCIS and we received approval in just 11 business days under Premium Processing, highlighting the efficiency of well-prepared applications. The investor…

Marijan PetrovskiMarch 7, 2025

A business professional handing money to another as a loan

E-2 Visa

What Is Escrow Used for with E-2 Visas?

When applying for an E-2 visa, investors must demonstrate that they have made a substantial investment in a U.S. business and that the funds are placed at risk for the purpose of business operations. However, many investors face a significant…

Marijan PetrovskiMarch 5, 2025

A group of people looking at paperwork around a table

H-1B and E-3 Visa

The Rules and Requirements of the H-1B Visa

The H-1B visa is one of the most sought-after employment-based visas in the U.S., allowing foreign professionals to work in specialty occupations. With a limited number of new visas issued each year, the H-1B registration process plays a critical role…

Marijan PetrovskiMarch 4, 2025

EB-5 Visa

The Key Requirements of the EB-5 Visa

The EB-5 visa offers foreign investors the opportunity to obtain a U.S. green card by making a substantial investment in a new commercial enterprise. This investment must lead to the creation of at least ten full-time jobs for U.S. citizens…

Marijan PetrovskiMarch 3, 2025