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What is the Last Action Rule? Should I be worried when I travel internationally after the H-1B petition was approved but before the H-1B effective start date? H-1B and E-3 VisaImmigration

What is the Last Action Rule? Should I be worried when I travel internationally after the H-1B petition was approved but before the H-1B effective start date?

Let’s analyze the following scenario: You were in the U.S. on a post-completion OPT and found an employer willing to sponsor you for an H-1B visa. The employer filed an H-1B cap petition that got approved in July with the…
February 24, 2020
Can My Family or Friends Loan me Money for an E-2 Investment? Do I Need a Loan Agreement if the Loan is from Family or Friends? E-2 VisaImmigrationInvestor Visas

Can My Family or Friends Loan me Money for an E-2 Investment? Do I Need a Loan Agreement if the Loan is from Family or Friends?

An E-2 investor visa allows foreign nationals of certain countries to run a business in the United States. They must own at least 50% of the business, invest a substantial amount of their personal funds and be planning to develop…
February 24, 2020
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My child is a U.S. citizen. Can he/she sponsor me for a green card? Can I put my non-U.S. citizen child as a derivative beneficiary on the I-130 petition? Family ImmigrationImmigration

My child is a U.S. citizen. Can he/she sponsor me for a green card? Can I put my non-U.S. citizen child as a derivative beneficiary on the I-130 petition?

If your child is a U.S. citizen and is 21 or older, he/she can sponsor you for a green card under the immediate relative of a U.S. citizen category. If your U.S. citizen child wants to sponsor you and your…
February 17, 2020
What is a transfer of underlying basis request? What factors does USCIS consider when adjudicating the transfer requests for Green Cards? Family ImmigrationImmigration

What is a transfer of underlying basis request? What factors does USCIS consider when adjudicating the transfer requests for Green Cards?

Let’s analyze the following scenario: Your employer filed an employment based petition (I-140) and you filed an Adjustment of Status application based on the approved employment-based petition. Your green card petition is currently pending and you now married a U.S.…
February 17, 2020
Can I apply for an E-2 visa if I enter on a B-2 Visa? Can I Change status to E-2 if I am not in B-1 status? Can I change status to E-2? E-2 VisaImmigrationInvestor Visas

Can I apply for an E-2 visa if I enter on a B-2 Visa? Can I Change status to E-2 if I am not in B-1 status? Can I change status to E-2?

While most E-2 visas are filed at U.S. Consulates abroad, there are some instances where an applicant may apply for a change of status while in the U.S.  For example, an applicant could enter the U.S. on B status and…
February 14, 2020
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Is the O-1 Visa a “Dual-Intent” Visa? Can I Seek a Green Card While on the O-1 Visa? Can I Renew My O-1 Visa While I Have a Pending Green Card Petition? Extraordinary AbilityImmigration

Is the O-1 Visa a “Dual-Intent” Visa? Can I Seek a Green Card While on the O-1 Visa? Can I Renew My O-1 Visa While I Have a Pending Green Card Petition?

The O-1 nonimmigrant visa is for individuals who show they are extraordinary in a particular field.   For more information about O-1 petitions, please click here. The O-1 visa allows individuals to live and work in the United States for a temporary…
February 14, 2020
What do I do if I lose my Passport with my Visa? What do I do if I lost my Passport with a Visa? What happens if my Passport with my Visa expires? Immigration

What do I do if I lose my Passport with my Visa? What do I do if I lost my Passport with a Visa? What happens if my Passport with my Visa expires?

In some cases, visas are issued for up to 10 years. For example, B-1 and B-2 visas can be issued for 10 years and E-1 and E-2 visas can be issued for 5 years. With these long visa durations, it…
February 13, 2020
How do I show Control for an E-2 visa? Do I have to own 51% of a company to get an E-2 visa? Does an E-2 visa require 50% or 51% ownership? E-2 VisaImmigrationInvestor Visas

How do I show Control for an E-2 visa? Do I have to own 51% of a company to get an E-2 visa? Does an E-2 visa require 50% or 51% ownership?

An E-2 visa has a number of requirements including investing money and hiring U.S. workers.  The visa is only available to nationals from certain countries and in order to get an E-2 visa, the U.S. entity must be at least…
February 13, 2020
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State Department Requesting Expedited Review with Aims to Implement Public Charge Rule on February 24 to Coincide with Department of State’s Public Charge Rule Family ImmigrationImmigrationImmigration Law Changes &  New Law

State Department Requesting Expedited Review with Aims to Implement Public Charge Rule on February 24 to Coincide with Department of State’s Public Charge Rule

The State Department is working to expedite their new public charge rules in an effort to implements the rule on February 24, the same day as the Department of State’s public charge rule implementation. The original public charge rules were…
February 12, 2020
If my business changes, do I need a New E-2 Visa? If I file a substantial change with USCIS for an E-2, do I need a new Visa? What is required if my E-2 business changes? E-2 VisaImmigrationInvestor Visas

If my business changes, do I need a New E-2 Visa? If I file a substantial change with USCIS for an E-2, do I need a new Visa? What is required if my E-2 business changes?

An E-2 visa is approved based on the specific business and documents that are presented to a Consulate or USCIS.  This documentation normally includes a Business plan that describes the business as well as documents related to the entity set…
February 10, 2020
Kelly LeGrand Weiner and Michaela Vrazdova of Scott Legal Selected for Leadership roles on Committees for AILA’s New York Chapter News

Kelly LeGrand Weiner and Michaela Vrazdova of Scott Legal Selected for Leadership roles on Committees for AILA’s New York Chapter

For the 2019-2020 year, our Managing Attorney, Kelly LeGrand Weiner and Associate, Michaela Vrazdova have been serving in leadership roles on the Corporate Practice Committee, Practice Management Committee & Consular Practice Committee for the American Immigration Lawyer’s Association’s New York…
February 7, 2020
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Do I have to Live in the U.S. if I get an E-2 Visa? Do I have to Live in the U.S. if I get an E-1 Visa? Does an E-1 or E-2 visa require that I reside in the U.S? E-1 VisaE-2 VisaImmigrationInvestor Visas

Do I have to Live in the U.S. if I get an E-2 Visa? Do I have to Live in the U.S. if I get an E-1 Visa? Does an E-1 or E-2 visa require that I reside in the U.S?

An E-2 visas allow applicants to live and work in the U.S. based on either starting or buying a U.S. business.  The E-2 visa is based on Treaties between the U.S. and other countries and requires the investor to invest…
February 6, 2020
Wills & Estate Planning
I want to apply for an E-2 visa. Can my spouse apply for an E-2 spousal visa? Do we have to apply at the same time? What documents should my spouse bring to the interview? E-2 VisaImmigrationInvestor Visas

I want to apply for an E-2 visa. Can my spouse apply for an E-2 spousal visa? Do we have to apply at the same time? What documents should my spouse bring to the interview?

If you are applying for an E-2 investor or an E-2 employee visa, your spouse may apply for an E-2 spousal visa. Please note that your spouse does not have to have the same nationality as you and your spouse…
February 6, 2020
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