employee | Scott Legal, P.C.

H-1B and E-3 Visa Immigration

H-1B registration: Do I have to set up an account on MyUSCIS?

H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…

Jenny ZhanMarch 5, 2021

H-1B and E-3 Visa Immigration

Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies?

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa Immigration

Do I need a license for the H-1B visa if my occupation requires a license?

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa Immigration

Timeline for the Upcoming FY 2022 H-1B Cap Season

The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer from a sponsoring employer in a specialty occupation that is related to their field of study. Currently, the…

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa

What is an “institution of higher education” for the purposes of H-1B Master’s Cap?

Immigration and Nationality Act states that an H-1B Beneficiary who wants to qualify under the “Master’s Cap” had to earn “a Master's or higher degree from a United States institution of higher education.” The question then arises: What is an…

Jenny ZhanFebruary 19, 2021

H-1B and E-3 Visa

What is the H-1B lottery? Is the lottery based on the wage? What’s my chance to be selected in the lottery if I have a U.S. Master’s degree?

Jenny ZhanFebruary 19, 2021

H-1B and E-3 Visa

Can I work part-time on H-1B status? Can I work for 2 employers on an H-1B status? Can I get paid based on an hourly rate on H-1B status?

Vojo VrchakovskiFebruary 15, 2021

H-1B and E-3 Visa Immigration

H-1B Registration 2021: Question and Answers

Vojo VrchakovskiFebruary 15, 2021

H-1B and E-3 Visa Immigration

Does the H-1B worker have to be a W-2 employee?

Vojo VrchakovskiFebruary 15, 2021

H-1B and E-3 Visa

What is the difference between H-1B Change of Status and H-1B Consular Processing? Should I file for a Change of status or Consular Processing?

Jenny ZhanJanuary 28, 2021

E-2 Visa Immigration Investor Visas

My E-2 investor application was submitted to USCIS. What are the next steps?

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

Jenny ZhanSeptember 17, 2020

Approvals

E-2 Investor Visa & E-2 employee visa approved at the U.S. Consulate in Toronto

We just had an E-2 investor visa and an E-2 employee visa approval at the U.S. Consulate in Toronto. The business manufactures small GPS devices and is located in Florida. The E-2 employee was approved for an E-2 employee visa under the executive employee…

Jenny ZhanSeptember 16, 2020

H-1B and E-3 Visa Immigration L-1 Visa

I am an employee and my company has offered to sponsor me for an L-1 or H-1B visa. Which visa is the best option?

If you are working for a company abroad and you are given the option to transfer to the U.S., questions may arise as to which visa option is best for you. Usually your company will have a particular visa in…

Jenny ZhanSeptember 8, 2020

E-2 Visa Immigration Investor Visas

Can an E-2 Investor or E-2 Employee get W-2 income from another Company? Can I work for another company on my E-2 visa?

An E-2 visa is available to entrepreneurs who want to start or buy a business in the U.S. You can find out more about the E-2 visa requirements by clicking here. While someone is in the U.S. on an E-2…

Jenny ZhanAugust 21, 2020

Client Advice

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 ZhanJune 25, 2020

Immigration L-1 Visa

Can I Qualify for an L-1A if I do Not Manage Employees? What is a Function Manager?

The L-1A visa permits a U.S. employer to transfer a manager or executive from a company abroad to a U.S. branch office or to a U.S. company that has a qualifying relationship with the company abroad. The L-1A also enables…

Jenny ZhanJune 15, 2020

Immigration L-1 Visa

What Makes a Good L-1 Business Plan? Considerations for L-1 Business Plans.

A business plan is a standard requirement when applying for a New Office L-1 visa. These applications are adjudicated by USCIS and an adjudicator will read every word of the plan. USCIS is particularly good at using quotes from business…

Jenny ZhanJune 5, 2020

Covid 19

I am on an L-1 visa for a new office and had to lay off or furlough employees due to Corona virus. Am I eligible to renew my L-1 visa if the company does not have employees?

Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some companies have reduced hours or terminated employees. This situation can cause particular difficulties for people who are on…

Jenny ZhanMay 11, 2020

Covid 19

I had to terminate the employment of an H-1B employee due to the Corona virus outbreak. What are my obligations as an H-1B Employer? Do I have to pay for the employee’s flight?

Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some companies have terminated employees. If your company had to terminate employment of an H-1B employee, here is a…

Jenny ZhanApril 14, 2020

Covid 19

I want to decrease the salary of my H-1B employee. Do I have to file a new LCA? Do I have to file an amended H-1B petition if the salary is higher than the actual or prevailing wage?

Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some companies have terminated employees. For companies with H-1B employees that are taking the approach of decreasing…

Jenny ZhanApril 9, 2020

Covid 19

Does Covid-19 impact my obligations as an H-1B or E-3 Employer? What things should I keep in mind? Is Part-Time Work Possible? Is furlough possible for an H-1B employee?

Covid-19 has changed the rules for travel, engagement and employment. Many companies have already started to reduce wages and put staff on leave. Some companies have terminated employees. For companies that have employees in E-3 or H-1B status, they must…

Jenny ZhanMarch 26, 2020

Approvals

E-2 Spousal Visa Approval in Islamabad for a National of Pakistan

We just had an E-2 spousal visa approval at the U.S. Consulate in Islamabad, Pakistan. The E-2 employee visa was approved in 2019 and the E-2 employee qualified under the executive employee category. The E-2 business is based in New Jersey and is an…

Jenny ZhanMarch 10, 2020

E-2 Visa Immigration Investor Visas

Do I qualify for an E-2 employee visa? Do I qualify for E-2 essential/specialized employee visa?

The E-2 Investor visa is available for nationals of certain treaty countries who want to live in the U.S. to develop and direct the operations of a business. E-2 investors can either buy an existing business or start their own…

Jenny ZhanOctober 21, 2019

News

Miriam Lacroix Joins Scott Legal

Ms. Lacroix received both her undergraduate and Juris Doctor degrees from Pace University and is licensed to practice law in the State of New York. After law school, Miriam was chosen to serve as a Justice Fellow in the inaugural…

Jenny ZhanOctober 18, 2019

E-2 Visa Immigration Investor Visas

Is a Car a Good E-2 visa expense? Can my car be part of my E-2 investment? Can I include a vehicle in my investment amount?

To obtain an E-2 investor visa, an applicant must spend money in the U.S. The amount of the expenditures depends on the type of business and other factors (See more of a discussion on E-2 Investment amount requirements by clicking…

Jenny ZhanJuly 18, 2019

employee | Scott Legal, P.C.

H-1B registration: Do I have to set up an account on MyUSCIS?

Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies?

Do I need a license for the H-1B visa if my occupation requires a license?

Timeline for the Upcoming FY 2022 H-1B Cap Season

What is an “institution of higher education” for the purposes of H-1B Master’s Cap?

What is the H-1B lottery? Is the lottery based on the wage? What’s my chance to be selected in the lottery if I have a U.S. Master’s degree?

Can I work part-time on H-1B status? Can I work for 2 employers on an H-1B status? Can I get paid based on an hourly rate on H-1B status?

H-1B Registration 2021: Question and Answers

Does the H-1B worker have to be a W-2 employee?

What is the difference between H-1B Change of Status and H-1B Consular Processing? Should I file for a Change of status or Consular Processing?

My E-2 investor application was submitted to USCIS. What are the next steps?

E-2 Investor Visa & E-2 employee visa approved at the U.S. Consulate in Toronto

I am an employee and my company has offered to sponsor me for an L-1 or H-1B visa. Which visa is the best option?

Can an E-2 Investor or E-2 Employee get W-2 income from another Company? Can I work for another company on my E-2 visa?

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

Can I Qualify for an L-1A if I do Not Manage Employees? What is a Function Manager?

What Makes a Good L-1 Business Plan? Considerations for L-1 Business Plans.

I am on an L-1 visa for a new office and had to lay off or furlough employees due to Corona virus. Am I eligible to renew my L-1 visa if the company does not have employees?

I had to terminate the employment of an H-1B employee due to the Corona virus outbreak. What are my obligations as an H-1B Employer? Do I have to pay for the employee’s flight?

I want to decrease the salary of my H-1B employee. Do I have to file a new LCA? Do I have to file an amended H-1B petition if the salary is higher than the actual or prevailing wage?

Does Covid-19 impact my obligations as an H-1B or E-3 Employer? What things should I keep in mind? Is Part-Time Work Possible? Is furlough possible for an H-1B employee?

E-2 Spousal Visa Approval in Islamabad for a National of Pakistan

Do I qualify for an E-2 employee visa? Do I qualify for E-2 essential/specialized employee visa?

Miriam Lacroix Joins Scott Legal

Is a Car a Good E-2 visa expense? Can my car be part of my E-2 investment? Can I include a vehicle in my investment amount?

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