coronavirus | | Scott Legal, P.C.

Covid 19

Are the presidential proclamations restricting entry to the U.S. from certain countries still in effect? When will the travel restrictions be lifted?

Our clients often ask us/they are confused whether the Presidential proclamations suspending entry to the U.S. to travelers coming to the U.S. from certain countries are still in effect. The short answer is yes. As of August 31, 2020, if…

Jenny ZhanSeptember 23, 2020

Covid 19

Can I study in the U.S. during Corona virus? Can I apply for an F-1 visa? Can I take online classes only if I am in the U.S. on F-1 visa?

The Covid-19 crisis has disrupted all aspects of daily life. With both borders and Consulates closed, travel to and from the U.S. can be difficult. One category that is affected by the Covid-19 crisis are students. When the Covid-19 crisis began back in the…

Jenny ZhanSeptember 22, 2020

Covid 19

Is USCIS conducting green card interviews during Covid-19? Can my green card interview be waived?

On June 4, 2020 certain USCIS field offices started resuming non-emergency in person appointments. USCIS indicated on its website that the particular USCIS field office that is processing your green card application will send you an interview notice or re-scheduling…

Jenny ZhanSeptember 21, 2020

Covid 19

Coronavirus Update: U.S. and Canada Land Border Restrictions Extended Through October 21

On March 21, U.S., Canada, and Mexico announced that the land borders between the three countries will close to non-essential travel. The initial closure was to last through April 20 and has now been extended to October 21. The Department…

Jenny ZhanSeptember 21, 2020

Covid 19

DHS Lifts Airport Restrictions for Travelers Exempt from COVID Travel Bans

Back in January, the Department of Homeland Security restricted airplane travel from countries that are on the restricted travel list to one of 15 airports in the United States. Starting on September 14, 2020, travelers that are exempt from the…

Jenny ZhanSeptember 17, 2020

Covid 19

I am a U.S. citizen/green card holder and my family wants to come to the U.S. Can my family come visit me if they are subject to the travel ban to the U.S.?

The Covid-19 crisis has caused large disruptions in daily life and created significant difficulties for international travel. Many of our clients who are U.S. citizens or green card holders ask us if their family that is abroad can come to…

Jenny ZhanSeptember 17, 2020

Covid 19

Coronavirus Update: ICE Extends Form I-9 Compliance Procedures during COVID-19 Pandemic

ICE has announced that it is extending its relaxed I-9 employment verification procedures until November 19, 2020. In normal times, when an employee starts at a company, companies are obligated to completes the I-9 Employment Eligibility Verification. This verification is mandatory…

Jenny ZhanSeptember 16, 2020

Covid 19

Are the U.S. Consulates processing E-2 visa applications? Are the U.S. Consulates conducting E-2 visa interviews?

Many of our clients often ask us whether the U.S. abroad are open, whether they are processing visa applications, and how long it takes to get an E-2 interview. In March 2020, the Department of State suspended routine visa services…

Jenny ZhanSeptember 10, 2020

Covid 19 E-2 Visa

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

I am in the U.S. on an E-2 visa and I need to travel to Europe. Do the travel restrictions apply to me? Will I be able to enter the U.S. if I leave?

An E-2 visa is a great option if you want to start a business in the U.S., you have invested or are in the process of investing a substantial amount of money in the U.S., and you plan to hire U.S. workers.…

Jenny ZhanSeptember 1, 2020

Covid 19 News

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

Coronavirus Update: U.S. and Canada Land Border Restrictions Extended Through September 21

Jenny ZhanAugust 20, 2020

Covid 19 Family Immigration Immigration

I am a green card holder and have not returned to the U.S. due to COVID-19. Will this impact my green card? How can I preserve my permanent resident status?

The Covid-19 crisis has caused large disruptions in daily life and created significant difficulties for international travel. Many green card holders were outside the U.S. when the crisis hit and may be reluctant to travel back to the U.S. for…

Jenny ZhanAugust 19, 2020

Covid 19

Coronavirus Update: ICE Extends Form I-9 Compliance Procedures during COVID-19 Pandemic

ICE has announced today that it is extending its relaxed I-9 employment verification procedures for another 30 days, or until September 19, 2020. In normal times, when an employee starts at a company, companies are obligated to completes the I-9 Employment…

Jenny ZhanAugust 19, 2020

Covid 19

National Interest Exceptions to Travel Ban Expended to H-1B and L-1 Employees

In July 2020, the Department of State announced that certain business and student travelers may apply for a National Interest Exception (“NIE”). The NIE allows such travelers to travel to the United States even with the travel bans remaining in effect.…

Jenny ZhanAugust 17, 2020

L-1 Visa

What does the Presidential Proclamation on L visas mean for my application? Can I still apply for an L visa at a U.S. Consulate? Can I apply for L-1 status from within the US?

On June 22, 2020, a Presidential Proclamation was issued that impacts the ability of certain visa holders to enter the United States. Under this proclamation anyone who was outside the United States as of June 24, 2020 and did not…

Jenny ZhanAugust 17, 2020

Covid 19

Travelling to the U.S. from Europe during Corona Virus: Questions and Answers

Are the Presidential proclamations banning entry from the Schengen countries and the UK and Ireland still in effect? Yes. The Presidential proclamations imposing travel restrictions on visitors who were present in Schengen area countries, the UK, or Ireland within 14…

Jenny ZhanAugust 11, 2020

Covid 19

What is National Interest Exception? Do I qualify for a National Interest Exception? Can I travel to the U.S. on an E-2 visa?

In July 2020, the Department of State announced that certain business and student travelers coming from Schengen countries or the U.K. (such as B-1 business visitors), treaty traders, or treaty investors may apply for a National Interest Exception (“NIE”). The…

Jenny ZhanAugust 10, 2020

Covid 19

Coronavirus Update: Spanish Consulate to Resume Visa Processing

The U.S. Embassy in Madrid will resume visa processing on July 20, 2020. Visa services will resume in phases, however Madrid has not announced which visas will take priority. The consulates in London and Belfast are processing immigrant visas for…

Jenny ZhanJuly 23, 2020

Covid 19

Coronavirus Update: Federal Judge Declines Request to Release Families in ICE Detention

On Wednesday, a federal judge has denied a blanket request to release families in ICE custody. The initial request urged the release of families in detention given the confined setting and potential spread of the coronavirus. Despite raising the issue…

Jenny ZhanJuly 23, 2020

Covid 19

Coronavirus Update: Department of State Announces Certain Exceptions to Travel Ban

The Department of State announced on July 16, 2020 travel ban exceptions to certain business travelers, investors, treaty traders, academics, and students. These travel ban exceptions apply to residents from the Schengen Area, United Kingdom, and Ireland. Due to the…

Jenny ZhanJuly 21, 2020

Covid 19

Coronavirus Update: United Kingdom Embassy and Consulate to Resume Visa Processing

Announced on July 20, 2020, the U.S. Embassy in London will resume visa processing on July 27, 2020 and the Belfast Consulate General will resume visa processing on August 3, 2020. Visa services will resume in phases, the first phase…

Jenny ZhanJuly 20, 2020

Covid 19

Coronavirus Update: U.S. Consulates and Embassies to Begin Phased Resumption of Routine Visa Services

On July 13, the U.S. Department of State announced that embassies and consulates around the world will gradually resume routine nonimmigrant and immigrant visa services. Each consular post will begin routine visa services on its own timeline, depending on the…

Jenny ZhanJuly 15, 2020

Questions & Answers

Can I have an unpaid internship if I am in the U.S. on an OPT status?

If you studied in the U.S. on an F-1 visa and you are currently in the U.S. on a post completion OPT, you may be wondering if you can get an unpaid internship given that many companies stopped their hiring…

Jenny ZhanJuly 6, 2020

Covid 19

Coronavirus Update: Requirements for US Citizens or Residents Visiting Canada

On March 21, U.S., Canada, and Mexico announced that the land borders between the three countries will close to non-essential travel as response to the COVID 19 pandemic. The initial closure was to last through April 20 and has now…

Jenny ZhanJune 29, 2020

Client Advice

Can I have an unpaid internship if I am in the U.S. on an OPT status?

Jenny ZhanJune 25, 2020

Covid 19 E-1 Visa E-2 Visa Extraordinary Ability H-1B Visa L-1 Visa TN Visa

USCIS to Resume Premium Processing for Applications in Phases

USCIS has announced today that they will resume premium processing for Form I-129 Petition for a Nonimmigrant Worker and Form I-140 Immigrant Petition for Alien Workers in phases over the next month. Due to the coronavirus pandemic and the concern…

Jenny ZhanMay 29, 2020

Covid 19

Coronavirus Update: Travel Ban Extended to Brazil

The White House issued another presidential proclamation imposing travel restrictions and quarantines on travelers from Brazil starting on 11:59 on May 26 due to the coronavirus. This is after the travel ban imposed on travelers from Chin, Iran, European countries, and the United…

Jenny ZhanMay 29, 2020

Covid 19

USCIS Preparing to Resume In Person Services on June 4

USCIS is preparing some domestic offices to reopen and resume public services on or after June 4, 2020. Due to the social distancing rules that will still be in place, USCIS offices will schedule fewer appointments per day to ensure…

Jenny ZhanMay 27, 2020

Covid 19

Can I enter the U.S. on my E-2 visa? Can I enter the U.S. during Covid-19 with my E-2?

The Covid-19 crisis has disrupted all aspects of daily life. With both borders and Consulates closed, travel to and from the U.S. can be difficult. For those who already have an E-2 visa in their passports, the question arises as…

Jenny ZhanMay 22, 2020

Covid 19

Can I enter the U.S. on a TN visa during Covid-19? Processing TN Visas in Times of US Canada Border COVID-19 Restrictions.

Jenny ZhanMay 22, 2020

Covid 19 Extraordinary Ability

I am in the U.S. on an O-1 visa that expires soon. Should my company file for an extension or should the company file a renewal application for 3 years? Which is better?

If you are currently in the U.S. on an O-1 visa and your visa is about to expire, you company may be considering 2 of the following options: (i) filing an extension for 1 year or renewing your O-1 for…

Jenny ZhanMay 20, 2020

Covid 19

Coronavirus Update: U.S. and Canada Land Border Restrictions Extended Through June 22

Jenny ZhanMay 20, 2020

E-1 Visa

Do I have to live in the U.S. if I have an E-1 visa? I am unable to enter the U.S. due to the Corona virus outbreak. Will this impact my E-1 visa renewal?

E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. Is there a residency requirement for an E-1 visa? No, there is no residency requirement for an E-1 visa – there is…

Jenny ZhanMay 18, 2020

Covid 19