What is an E-3 specialty occupation, and can a pilot qualify? Blog Post
An analysis of the E-3 and H-1B specialty occupation requirement, and how it applies to pilots.
My U.S. work visa is expiring soon, can I keep working if my employer files an extension for me? Blog Post
Certain U.S. work visas allow for a 240-day extension of work authorization while the extension is pending if the extension is filed by the same employer.
USCIS extended RFE response deadlines until October 23, 2022 Blog Post
USCIS once again extended the deadline to respond to certain requests such as a Request for Evidence or Notice of Intent to Deny through October 23, 2022.
USCIS will permanently accept reproduced signatures Blog Post
USCIS will now permanently accept reproduced signatures on USCIS forms and documents.
I am on an O-1 visa and I have a job offer, can I work for a new employer? Blog Post
The O-1 visa permits work for multiple employers. You should discuss with an attorney to see if a new petition or amendment needs to be filed before accepting any new employment.
Concurrent employment for a cap-subject and cap-exempt employer Blog Post
H-1B employee who is working for a cap-exempt employer can start a concurrent employment for a cap-subject employer without going through the lottery process.
EB5 Applicants Now Benefit from Section 245(k) Blog Post
One of the changes from the EB-5 Reform and Integrity Act of 2022 is that EB-5 applicants can now benefit from INA 245(k) which can make it easier to adjust status in the U.S.
Does the U.S. employer have to pay the salary for an L-1 employee? Blog Post
L-1 employees may be paid by their foreign employer even while they are on L-1 status in the U.S.
USCIS Announce Second Phase of Premium Processing Blog Post
Today I went to the U.S. Consulate in Toronto to renew my E-2 visa. Our company was issued an E-2 visa 10 years ago, so this was our second renewal.
O1A Visa Approval for an Entrepreneur at the U.S. Embassy in Helsinki Blog Post
We just had an O1A visa approval at the U.S. Consulate in Helsinki.
USCIS Advising that Medical Forms are Submitted with Employment Based Applications for Efficient Processing Blog Post
USCIS has sent out advisory recommending applicants applying for employment based green cards to submit their medical reports with the initial adjustment of status application for more efficient processing.
Are the visa validity period and reciprocity fees the same for both the principal E-2 visa applicant and their dependent spouse and children? Blog Post
New FAM guidance clarifies that the E-2 dependent spouse and children of the principal E-2 applicant receive the same visa validity and number of entries, and must pay the same reciprocity fee.
Common Questions from E-2 Investors regarding Employees Blog Post
E-2 investors should plan to hire employees in the U.S. It is strongest for the E-2 application to hire full-time employees who are not related to the investor.
What is the I-9 employment verification process, and what are the employer’s responsibilities when completing it? Blog Post
An overview of the employer’s requirements under the I-9 employment verification process.
What is the I-9 employment verification process, and what are the employee’s responsibilities when completing it? Blog Post
An overview of the employee’s requirements under the I-9 employment verification process.
Can an E-2 Investor Draw Funds from the Business Instead of Taking a Salary? Blog Post
The E-2 investor applicant can take draws from the E-2 business instead of a salary, but should be careful to effectively communicate this in the visa application.
What Is USCIS Premium Processing? Blog Post
An overview of the USCIS premium processing service, including what it is, how to request it, and what to do if USCIS does not process the application in 15 business days.
EB-5 Green Card – Choosing Between Regional Center Program and Direct Investment Blog Post
In March 2022, Congress passed legislation that re-authorized the EB-5 Regional Center program and set new investment minimums to qualify for the EB-5 green card, among other changes. Current minimums...
Compare & contrast visa options for owner-operators of companies Blog Post
A variety of U.S. immigration options exist for entrepreneurs who hold partial or full ownership of their companies: E-1, O-1, NIW, EB5, International Entrepreneur (IE) parole. The right vehicle for each applicant will be different for their unique circumstances.
How can an E-2 dependent spouse confirm whether they have work authorization? What if their I-94 does not show “E2S” status? Blog Post
Starting in January 2022, E-2 dependent spouses are authorized to work pursuant to their status if their status is designated E-2S; the process to confirm and correct this status is different depending on how the spouse received their most recent Form I-94.
Approval of a Removal of Conditions Application Blog Post
Scott Legal had a recent approval of a removal of conditions application removing the 2 year conditional status on our client’s green card that was granted based on his marriage to a U.S. Citizen.
What is a combo card, and why did USCIS stop issuing them? Blog Post
As of April 2022, USCIS has stopped issuing combo cards in order to more quickly issue work permits that have suffered from significant backlogs. Applicants with a pending adjustment of status application now must wait for separate travel authorization before departing from the US.
What does it mean to register an E-2 company, and what information does a consulate track on a registered company? Blog Post
New FAM guidance clarifies standards for and benefits of E-2 company registration program at consulates.
What is the current status of the International Entrepreneur Parole Program (IEP)? Blog Post
Since the International Entrepreneur Parole Program appears to be stalled, those interested in the program are encouraged to consider other options, including the E-2 investor visa.
Citizen of Burma Successfully Obtains Temporary Protected Status Blog Post
Scott Legal was able to successfully help a Citizen of Burma obtain Temporary Protected Status.
