application | Scott Legal, P.C.

I Would Like to Apply for a National Interest Waiver (NIW). How do I Prove I am Well Positioned to Advance my Proposed Endeavor?

The National Interest Waiver (NIW) is an employment based green card category. The NIW falls under the EB-2 category, which means that as a threshold requirement each applicant must have an advanced degree or its equivalent (a bachelor’s degree plus 5…

Khadija DerrickMarch 11, 2021

Immigration National Interest Waiver

Can I Qualify for a National Interest Waiver (NIW) Without a Degree?

The National Interest Waiver (NIW) is an employment based green card category that permits applicants to self-petition. The NIW falls under the EB-2 green card category, which means that any applicant must have an advanced degree or equivalent (a baccalaureate or…

Khadija DerrickMarch 10, 2021

Immigration

What is consular nonreviewability? Does it mean that I cannot sue a consulate that has failed to act or is taking an unreasonably long time to decide my immigration petition?

In spite of a doctrine in immigration law that courts do not review consular officers’ immigration decisions, courts are able and willing to compel consulates to make a decision when they have failed to. As a result, you can sue…

Vojo VrchakovskiFebruary 10, 2021

Immigration Immigration Litigation

I am still waiting for the government to decide my immigration petition, can I sue?

When the government has unreasonably delayed a decision on an immigration petition, one option to force the government to act is to sue. The specific name for this legal action is a “mandamus.” You can read more about mandamus actions…

Jenny ZhanFebruary 8, 2021

Immigration

I noticed an error on my I-797 Receipt Notice. Is there a way how to get it fixed?

Every time you receive an I-797 Receipt Notice or Approval notice from USCIS, it is every important that you check that all information on the Notice looks correct. If you see a spelling mistake or a typographical error (e.g. spelling…

Jenny ZhanFebruary 4, 2021

Immigration

I noticed an error on my I-797 Receipt Notice. Is there a way how to get it fixed?

Jenny ZhanJanuary 28, 2021

COVID-19

My extension of status petition has been pending for a long time. What can I do to speed up the process? Can I file an expedite request?

Due to Covid-19 global pandemic, the USCIS Service Centers are taking longer than usual to make a decision on all types of visa petitions. If you filed an extension of status petition long time ago and USCIS still has not…

Jenny ZhanJanuary 27, 2021

Immigration

My B extension of status petition has been pending for almost 6 months. Can I stay in the U.S. as long as the petition is pending or do I have to leave the U.S.?

B-1 visa classification is available to foreign nationals who desire to enter the U.S. for short-term business activities. For B-1 purposes, engaging in business generally means business activities other than performance of skilled and unskilled labor that are a necessary…

Jenny ZhanNovember 24, 2020

Deportation & Humanitarian Immigration Immigration

Trump Administration Adds Additional Roadblocks to Asylum

The Trump Administration announced on Tuesday that asylum applicants will receive denials for their asylum applications if they are convicted of driving under the influence or committing crimes to support gangs. The new policy will also deny asylum to people…

Jenny ZhanOctober 22, 2020

Deportation & Humanitarian Immigration Immigration

I want to apply for asylum, but I don’t know how to tell my story. How do I create the most compelling personal statement in an asylum application?

A few things to keep in mind Before you get started on your personal statement, please keep a few things in mind. First, asylum is a complicated area of law, and it is strongly recommended that you seek assistance from…

Jenny ZhanOctober 21, 2020

Immigration

Overcoming potentially negative discretionary decisions based on past criminal history when applying for US citizenship

I am interested in applying for US citizenship, but I want to know if my past criminal history will affect my case? Any past criminal history has the potential of affecting a citizenship application also known as a naturalization application,…

Jenny ZhanOctober 20, 2020

Immigration News

New Expanded Premium Processing Services and Increased Costs Effective October 19

USCIS announced today that the new expanded premium processing services will take effect on October 19. Premium processing guarantees that USCIS will take adjudicative action on the application within 15 days. If USCIS fails to do so, the agency will…

Jenny ZhanOctober 16, 2020

Immigration

The government is taking a very long time to decide my immigration petition, in spite of my efforts. What are my options? Can I sue the government to force them to take action?

Yes, when the government has unreasonably delayed a decision on an immigration petition, you can sue to force the government to act. The specific name for this legal action is a mandamus. What is a “mandamus” action? Mandamus is a…

Jenny ZhanOctober 9, 2020

COVID-19

US Consulate in Toronto has Resumed Processing E-2 Applications

According to the Toronto Consulate visa chief, the U.S. consulate in Toronto has resumed processing E-2 visa applications. An E-2 visa can be a great visa option for an investor who wants to buy or start a business. You can…

Jenny ZhanSeptember 8, 2020

COVID-19

USCIS Avoids Furlough of 70% of their Employees

USCIS has announced that its has avoided the furlough of 70% of their employees, originally scheduled to occur on August 30. Since March, USCIS has seen a 50% drop in receipts and incoming fees and estimates that application and petition receipts…

Jenny ZhanAugust 26, 2020

COVID-19

What Will Happen if USCIS Furloughs 70 Percent of Their Staff?

USCIS announced that its planning to furlough of 70% of its employees on August 31 unless Congress acts on the agency’s $1.2 billion emergency funding request. Since March, USCIS has seen a 50% drop in receipts and incoming fees and…

Jenny ZhanAugust 21, 2020

News

USCIS’ Planned Furlough of Employees Delayed Until August 31

USCIS announced on Friday that it has delayed it planned furlough of 70% of its employees for another month until August 31. USCIS wants to give Congress more time to act on the agency’s $1.2 billion emergency funding request. Since…

Jenny ZhanJuly 28, 2020

COVID-19

Huge Backlog in Green Card and Work Authorization Card Production

In June 2020, USCIS ended an outside contract with a company that produced secure cards such as green cards and employment authorization cards. USCIS has moved this service to its internal employees. However, given the reduced number of workers due…

Jenny ZhanJuly 23, 2020

COVID-19

Update on USCIS Furlough of Employees

USCIS has issued furlough notices to 70% of its workforce at the end of June. USCIS is a for profit agency that uses application fees to fund the agency and its employees. At the current moment, there are approximately 20,000…

Jenny ZhanJuly 13, 2020

COVID-19

Coronavirus Update: USCIS Extends RFE and NOID Flexibility Dates until September

USCIS announced on March 27 that it is adopting measures to assist applicants and petitioners who are responding to requests for evidence (RFE) or notices of intent to deny (NOID). This flexibility has been extended until September 11, 2020 and…

Jenny ZhanJuly 1, 2020

Immigration News

USCIS Planning to Furlough 70 Percent of Employees

A USCIS spokesperson has announced that the agency is planning to furlough nearly 70% of its workforce as it faces budget shortfalls as a result of the Coronavirus pandemic. Since March, USCIS has seen a 50% drop in receipts and…

Jenny ZhanJune 25, 2020

Immigration News

What are the U.S. visa fees? What is a visa reciprocity fee? Is the reciprocity fee already included in the visa fee?

If you want to come to the U.S. on a non-immigrant visa, you will have to apply for a U.S. visa at a Consulate abroad (unless you are visa exempt – for example Canadian are exempt for certain visa categories).…

Jenny ZhanJune 23, 2020

H-1B and E-3 Visa Immigration

What is the H-1B visa application process?

If your H-1B registration application was selected in the H-1B lottery, you have a 90 day period during which you have to file an H-1B petition with USCIS. This blog post will walk you through the H-1B application process. File…

Jenny ZhanJune 19, 2020

Immigration

Fiscal Year 2021 Diversity Visa Lottery Winners Selected

U.S. Statement Department have announced that they have chosen the winners of the FY 2021 Diversity Visa Lottery. Although the announcement of the winners were delayed by a month this year due to the Coronavirus, USCIS have stated that this…

Jenny ZhanJune 8, 2020

E-2 Visa Immigration Investor Visas

My E-2 visa was denied and now my ESTA is no longer valid. How can I get a B-1 visa if my E-2 has been denied? I cannot travel on ESTA, how can I get a B visa?

If you have a valid ESTA, you can use this to enter the U.S. to organize everything you need to apply for an E-2 visa. You can find out more about the visa waiver program by clicking here. While in…

Jenny ZhanApril 13, 2020

application | Scott Legal, P.C.

I Would Like to Apply for a National Interest Waiver (NIW). How do I Prove I am Well Positioned to Advance my Proposed Endeavor?

Can I Qualify for a National Interest Waiver (NIW) Without a Degree?

What is consular nonreviewability? Does it mean that I cannot sue a consulate that has failed to act or is taking an unreasonably long time to decide my immigration petition?

I am still waiting for the government to decide my immigration petition, can I sue?

I noticed an error on my I-797 Receipt Notice. Is there a way how to get it fixed?

I noticed an error on my I-797 Receipt Notice. Is there a way how to get it fixed?

My extension of status petition has been pending for a long time. What can I do to speed up the process? Can I file an expedite request?

My B extension of status petition has been pending for almost 6 months. Can I stay in the U.S. as long as the petition is pending or do I have to leave the U.S.?

Trump Administration Adds Additional Roadblocks to Asylum

I want to apply for asylum, but I don’t know how to tell my story. How do I create the most compelling personal statement in an asylum application?

Overcoming potentially negative discretionary decisions based on past criminal history when applying for US citizenship

New Expanded Premium Processing Services and Increased Costs Effective October 19

The government is taking a very long time to decide my immigration petition, in spite of my efforts. What are my options? Can I sue the government to force them to take action?

US Consulate in Toronto has Resumed Processing E-2 Applications

USCIS Avoids Furlough of 70% of their Employees

What Will Happen if USCIS Furloughs 70 Percent of Their Staff?

USCIS’ Planned Furlough of Employees Delayed Until August 31

Huge Backlog in Green Card and Work Authorization Card Production

Update on USCIS Furlough of Employees

Coronavirus Update: USCIS Extends RFE and NOID Flexibility Dates until September

USCIS Planning to Furlough 70 Percent of Employees

What are the U.S. visa fees? What is a visa reciprocity fee? Is the reciprocity fee already included in the visa fee?

What is the H-1B visa application process?

Fiscal Year 2021 Diversity Visa Lottery Winners Selected

My E-2 visa was denied and now my ESTA is no longer valid. How can I get a B-1 visa if my E-2 has been denied? I cannot travel on ESTA, how can I get a B visa?

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