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Immigration

DHS Designates Ukraine for TPS

The Department of Homeland Security announced on March 3, 2021 that Ukraine has been designated for Temporary Protected Status (TPS) as a result of Russia’s invasion on Ukraine.

Khadija DerrickMarch 3, 2022

Approvals

Canadian TN Approved Under the Category of Attorney

Scott Legal just had another Canadian TN approval. The applicant was granted the approval under the category of Attorney, hired because of her legal and computer skills training to assist with the creation of business requirements and development of a…

Khadija DerrickMarch 3, 2022

Immigration

What is INA 245(k)?

Under INA 245(k) certain employment-based green card applicants are able to adjust status even if they have failed to maintain status, engaged in unauthorized employment and/or violated the terms of a nonimmigrant visa.

Khadija DerrickMarch 3, 2022

Immigration

Help! The U.S. Denied my Passport Application, Saying my Parent was a Diplomat. Can They do this? What Are my Options?

Why the U.S. government denies passports to diplomat children, and how they can pursue citizenship.

Khadija DerrickMarch 3, 2022

E-2 Visa Immigration

Can a Student on a Visa Start a Business and Change from F-1 to E-2 Status?

How an international student can change from F-1 to E-2 status.

Khadija DerrickMarch 2, 2022

a man clicking on a button that says "registration"

H-1B and E-3 Visa Immigration

H-1B Registration Begins Today, March 1

The initial registration period for the FY2023 H-1B cap has opened today, March 1, at noon Eastern Standard Time and run through noon EST on March 18, 2022.

Khadija DerrickMarch 1, 2022

H-1B and E-3 Visa Immigration

What is the Process for H-1B Cap Registration?

For FY2023 the H-1B registration period will run from March 1, 2022 at 12:00pm EST through Mach 18, 2022 at 12:00pm EST. During that time employers can submit registrations for H1B applicants. Selections will be announced by March 31, 2022.

Khadija DerrickMarch 1, 2022

Approvals

TN Visa Approval for Lawyer

Scott Legal, P.C. is happy to announce our latest TN Visa approval. The TN was approved for a Canadian National for 3 years under the lawyer category.

Khadija DerrickFebruary 28, 2022

Deportation & Humanitarian Immigration Immigration

Current Trends in Enforcement Policies Since the Change to President Biden’s Administration

Entering the end of President Biden’s first full year, there are a few noticeable trends to note with respect to the government’s enforcement policies against noncitizens living in the United States being prosecuted for removal from the United States.

Khadija DerrickFebruary 28, 2022

Immigration

What is Form DS160?

The DS160 is an online form that is submitted as part of a nonimmigrant visa application.

Khadija DerrickFebruary 24, 2022

a woman celebrating an exciting approval

Approvals

E-2 Approval from the U.S. Consulate in Singapore

Scott Legal just had an E-2 approval from the U.S. Consulate in Singapore, for a company that will has acquired and will operate a smoothie franchise in California.

Khadija DerrickFebruary 23, 2022

A university student reading a book in the campus library

Immigration

Can a F-1 student work on campus without CPT or OPT? How do I make sure I am complying with the law?

In narrow limited circumstances, a student on F-1 visa may be able to engage in paid work on-campus or off-campus without CPT or OPT.

Khadija DerrickFebruary 23, 2022

Approvals

E-2 Employee Visa Renewal Approved at the U.S. Embassy in London

E-2 employee visa renewal approved at the U.S. Embassy in London. The business is an art and media distributor, and the applicant will serve as a senior manager at the company.

Khadija DerrickFebruary 22, 2022

A woman smiling while indicating a thumbs up

Approvals

TN Visa Approval for Canadian Management Consultant

Scott Legal just had another Canadian TN approval. The applicant was granted the visa for 1.5 years under the category of Management Consultant.

Khadija DerrickFebruary 22, 2022

Immigration

Potential Avenues for Relief for Exceptional U-Visa Processing Backlogs

A U-Visa is relief in the form of prosecutorial discretion from removal granted to noncitizens with no lawful status in the United States which includes work authorization.

Khadija DerrickFebruary 22, 2022

A business man working on the analytics of his business on his laptop

Canadian Immigration Immigration

How to apply for admission as a business visitor under USMCA (NAFTA) B-1 Category for Canadian Citizens

: If a Canadian professional seeks to enter the United States to provide services on behalf of a Canadian company, the USMCA (NAFTA) business visitor category may be appropriate.

Khadija DerrickFebruary 21, 2022

a pen, notebook, phone and laptop on a desk

Immigration

Exceptions to the Bars to Adjustment of Status

While not all noncitizens who appear to qualify to apply for a green card through Adjustment of Status will actually qualify due to the fact that the noncitizen may be exposed to an underlying bar to the Adjustment of Status…

Khadija DerrickFebruary 18, 2022

two partners in business attire standing outside their workplace

E-2 Visa Immigration L-1 Visa

L and E Visa Spouses Authorized to Work in US without Work Permits

USCIS expanded the ability of E, H-4, or L nonimmigrant dependent spouses to qualify for an automatic extension of work authorization for up to 180 days.

Khadija DerrickFebruary 17, 2022

A man sitting in a cafe working on his tablet

Immigration

Bars to Adjustment of Status

Adjustment of Status is the process where a noncitizen is permitted to apply for legal permanent resident status, a “green card” while present in the United States.

Khadija DerrickFebruary 17, 2022

Immigration

Do I need to bring my passport on my US cruise?

Documentation requirements when taking a cruise that leaves and returns to the United States, but visits a foreign country.

Khadija DerrickFebruary 16, 2022

Deportation & Humanitarian Immigration Immigration

Differences Between Nolle Prosequi and Nolle Contendere

Generally, “Nolo Contendere” is pleading no contest to a criminal charge. Unfortunately, a plea of no contest will still be considered a conviction and expose you to immigration consequences as if you had pled guilty or were found guilty after…

Khadija DerrickFebruary 15, 2022

Immigration PERM

PERM Process: Can an Employer provide Onsite Housing?

This issue may still be open to litigation since it is not always clear whether housing provided by an employer is a typically expected benefit like wages, health insurance and vacation days.

Khadija DerrickFebruary 14, 2022

a collection of houses in a neighborhood

Immigration PERM

I Am an Employer Intending to Apply for a Green Card for Non-Citizen Workers, Can I Provide them with Onsite Housing?

The rule of thumb is that any unusual economic benefit should be listed in the PERM recruitment.

Khadija DerrickFebruary 11, 2022

An extended family enjoying a family night together on a couch

Family Immigration Immigration

Are all Green Card Beneficiaries Required to Pay the $1000 Penalty Fee?

Beneficiaries not required to pay the $1000 fee include children under the age of 17 or the spouses or unmarried children of an individual who obtained temporary or permanent resident status.

Khadija DerrickFebruary 11, 2022

Deportation & Humanitarian Immigration Immigration

Immigration Assistance Available for Those Affected by Natural Disasters

USCIS offers immigration services to those affected by unforeseen circumstances such as natural disasters.

Khadija DerrickFebruary 10, 2022