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EB-5 Visa

Can I direct EB-5 investment funds for the purchase of business assets or a share of a business?

EB-5 investment funds must be made available to the job-creating entity and cannot be diverted toward another purpose.

Khadija DerrickApril 28, 2023

Travelling woman looking around a new city

L-1 Visa

I am in the U.S. on an L-1 visa, can I travel while my adjustment petition is pending?

If you have a valid L1 visa you can leave the US even without an Advance parole and it will not impact your green card petition.

Khadija DerrickApril 28, 2023

A group of executives and managers in a board meeting

L-1 Visa

L-1 Executives & L-1 Managers

L1 employees can come to the US to perform a managerial, executive or specialized skills role.

Khadija DerrickApril 28, 2023

E-2 Visa

My spouse and I own our business 50/50. Should we each apply for the E-2 investor visa?

If a married couple owns an E-2 business 50/50, it is usually best for one person to apply as the E-2 investor and the other to apply as the E-2 spouse.

Khadija DerrickApril 27, 2023

A business professional smiling while holding a stack of papers

E-2 Visa

What to Know About the E-2 Employee Visa

What you need to know about the E-2 employee visa and its requirements.

Khadija DerrickApril 27, 2023

Approvals

E-2 Investor Visa Approved at the U.S. Consulate in Toronto

We just had an initial E-2 Investor Visa approved at the U.S. Consulate in Toronto. The Company operates in Texas and helps musicians to grow their revenues.

Khadija DerrickApril 26, 2023

Approvals

E-2 Petition Approval at USCIS for a Sports Goods Company by a National of Finland

We just had an E-2 investor petition approval at USCIS. The applicant, a national of Finland, was granted a change of status for two years and the business is a sports goods company.

Khadija DerrickApril 25, 2023

Home improvement tools and a plan on a table

Approvals

E-2 Investor Visa Approved by USCIS

We just had an E-2 Investor Visa approved by USCIS under Premium Processing. The Company operates in Massachusetts and provides cabinetry making, installation and home improvement services.

Khadija DerrickApril 25, 2023

Approvals Immigration

I-751 Petition Approved Without an Interview

We just had an I-751 Petition approved by USCIS without an interview.

Khadija DerrickApril 21, 2023

Approvals Immigration

I-751 Petition Approved Without an Interview

We just had an I-751 Petition approved by USCIS without an interview. The foreign national received her I-751 Conditional green card in 2019. USCIS removed the conditions on her green card and the client was issued a 10-year green card…

Khadija DerrickApril 21, 2023

A bulettin board with a new announcement posted

News

Biometrics Collection Suspended for Some H-4, L-2, and E Derivative Applicants

USCIS announced that biometric requirements will be suspended through September 30, 2023, for applicants filing Form I-539 for their H-4, L-2, E-1, E-2, or E-3 derivative status.

Khadija DerrickApril 21, 2023

E-1 Visa E-2 Visa Immigration

Determining Treaty Nationality of an E-1 or E-2 Enterprise

A corporation has treaty country nationality if at least 50% of its ownership interests are held by nationals of treaty countries. If the company is owned by another company, the analysis continues up to the parent corporation’s owners.

Khadija DerrickApril 18, 2023

Two individuals looking at their options on a laptop

Immigration L-1 Visa

3 situations where the L1 visa can be a great alternative to an E1 or E2 visa

The L1 visa can be a great option where there are two affiliated entities doing business, one in a foreign country and one in the United States, and an executive, manager, or specialized employee seeks to enter the U.S. to…

Khadija DerrickApril 18, 2023

Approvals Immigration

I-140 Petition Approved by USCIS for a Multinational Executive

We just had an I-140 Petition approved by USCIS for a Multinational Executive.

Khadija DerrickApril 18, 2023

money, a calculator a pen and notepad on a desk

E-2 Visa Immigration

I’m filing an E-2 petition through USCIS. What kinds of evidence do I need to show for the source of funds for an E-2 investment?

E-2 applicants must provide sufficient documentation specifying the source of funds used in the investment, which may include extensive tax returns, bank statements, receipts, and transactional agreements.

Khadija DerrickApril 18, 2023

E-2 Visa Immigration

Can I apply for an E-2 visa with a business that is already operating?

If you are applying for an E-2 visa and your company has been operating for several years there are a few different ways to structure the proof of investment.

Khadija DerrickApril 17, 2023

Immigration National Interest Waiver

Recent trends in EB-2 NIW (National Interest Waiver) adjudication

This post summarizes the updates to NIW policy in 2022-2023 and introduces some trends in how the NIW criteria are interpreted.

Khadija DerrickApril 17, 2023

Immigration National Interest Waiver

Can you qualify for a National Interest Waiver with no Google Scholar and no Citations?

You certainly can! Clients sometimes come to us and relay advice they heard from other attorneys that having a Google Scholar profile and a citation count is “mandatory” to qualify for a National Interest Waiver. This is a common misconception.…

Khadija DerrickApril 17, 2023

Immigration National Interest Waiver

Can I appeal a denial of an EB-2 National Interest Waiver petition to federal court?

Federal courts do not have jurisdiction to review USCIS’s denial of a National Interest Waiver per Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019), but they can review EB1A denials.

Khadija DerrickApril 14, 2023

Approvals Immigration

E-2 Visa Approved at the U.S. Consulate in Toronto for Health and Wellness Center

Scott Legal just received an E-2 visa approval at the U.S. Consulate in Toronto, Canada. The E-2 Company is based in Florida, managing a health and wellness center.

Khadija DerrickApril 14, 2023

Immigration

May 2023 Visa Bulletin Shows EB-1, EB-2, EB-3, and EB-5 Retrogressions and Final Cutoff Dates

Due to an increase in demand, the State Department announced retrogression and final action cutoff dates for certain EB-1, EB,2, EB-3, and EB-5 applicants.

Khadija DerrickApril 14, 2023

Two individuals looking over a collection of documents

Immigration National Interest Waiver

Can I submit a new Proposed Endeavor for my NIW petition after receiving a Request for Evidence (RFE)?

While NIW applicants can provide more detailed explanation and evidence of their proposed endeavor after receiving an RFE, they cannot materially change their endeavor to something inconsistent to what they have submitted before.

Khadija DerrickApril 14, 2023

Approvals Immigration

I-829 Approval After EB-5 Mandamus Petition

Scott Legal, P.C. just had an EB-5 I-829 approval. The I-829 is a petition that is filed after an EB-5 applicant has their conditional green card.

Khadija DerrickApril 14, 2023

A group of teenage friends gathered together to take a photo

EB-5 Visa Immigration

Does filing an EB-5 petition “freeze” a minor applicant’s age to prevent them from “aging out”?

Yes, the CSPA “freezes” a child dependent’s age during the time the underlying I-526 EB5 petition is pending, but not while the applicant waits for the priority date becomes current.

Khadija DerrickApril 14, 2023

A business man considering his NIW options

Immigration National Interest Waiver

What kinds of proposed endeavor are likely to lead to an NIW approval?

In most successful petitions, the proposed endeavor is specific, focused, credible, and supported by objective evidence. At the same time, the project’s impact should be broad enough to make improvements to the field as a whole.

Khadija DerrickApril 13, 2023