employment | 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

Immigration

Eb-1a Green Card: Questions and Answers

The EB-1A is an employment-based green card for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. Here are some common questions and answers about the Eb-1a green card: Do I have to have an O-1 visa first…

Jenny ZhanFebruary 26, 2021

Immigration National Interest Waiver

What is the process for applying for a National Interest Waiver? How long does it take to obtain a green card through the NIW category?

The National Interest Waiver (NIW) is an employment based green card category that permits self-petitioning. The waiver part of the name is based on the fact that this green card is granted based on a waiver of the job offer…

Jenny ZhanFebruary 25, 2021

Immigration National Interest Waiver

What role do expert letters play in a National Interest Waiver Application?

Expert letters are an important part of a National Interest Waiver application, as they can be used to discuss the applicant’s professional history and success, as well as explain the substantial merit and national importance of the proposed endeavor. It…

Jenny ZhanFebruary 25, 2021

Immigration National Interest Waiver

Bypassing the Labor Certification Application for Individuals of Exceptional Ability in the Sciences or Arts, Including College and University Teachers

Employers looking to hire permanent workers in occupations listed on the U.S. Department of Labor’s Schedule A, including college and university teachers of exceptional ability and individuals of exceptional ability in the sciences or arts, are able to bypass the…

Jenny ZhanFebruary 23, 2021

Immigration National Interest Waiver

Bypassing the Labor Certification Application for Professional Nurses and Physical Therapists

Employers looking to hire permanent workers in occupations listed on the U.S. Department of Labor’s Schedule A, including Professional Nurses and Physical Therapists, are able to bypass the time-consuming process of applying for a certified labor certification application through the…

Jenny ZhanFebruary 23, 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

Immigration L-1 Visa

What happens if there are changes to a company abroad after the approval of an L-1 petition? Can L-1 employees continue working in the U.S. if the foreign company that they worked for shuts down?

The L-1 visa permits a U.S. employer that has a qualifying relationship with a company abroad to transfer an employee who holds a managerial, executive or specialized knowledge role to one of its offices in the United States. The employee…

Vojo VrchakovskiFebruary 16, 2021

Deportation & Humanitarian Immigration Family Immigration Immigration

Adjustment of Status under the benefit of section 245(i) of the Immigration and Nationality Act.

I currently have no legal immigration status in the United States and after years of working with my current employer, my current employer wants to help me obtain my green card. Is it true that I might be able to…

Vojo VrchakovskiFebruary 16, 2021

H-1B and E-3 Visa Immigration

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 Immigration

What are the H-1B filing fees? How much does it cost to file an H-1B petition?

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations . This visa category requires that the foreign worker have at least a Bachelor’s degree (or progressive experience), and the U.S. employer can…

Jenny ZhanFebruary 9, 2021

H-1B and E-3 Visa Immigration

What is an H-1B Public Access File? Questions and Answers

What is a Public Access File? H-1B visa is a highly regulated visa and an H-1B employer has a lot of obligations he/she has to comply with. One of such obligations is to keep a Public Access File (“PAF”). This…

Jenny ZhanFebruary 9, 2021

Immigration TN Visa

Do I need an evaluation of my foreign educational credentials for TN Visas?

In short, TN applicants who received a degree from an educational institution not located in Canada, Mexico, or the United States must provide an evaluation of their foreign educational credentials. Background The TN – or “Trade National” – visa was…

Jenny ZhanFebruary 8, 2021

H-1B and E-3 Visa Immigration

FY H-1B Cap Registration Starts March 9!

The initial registration period for the FY2022 H-1B cap will open at noon Eastern Standard Time on March 9 and run through noon EST on March 25. During this time, prospective petitioners and legal representatives will be able to fill…

Jenny ZhanFebruary 5, 2021

H-1B and E-3 Visa Immigration

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

Approvals

H-1B Change of Status Petition approved by USCIS

We just had an H-1B Approval with U.S. Citizenship & Immigration Services. The H-1B petition was originally filed as Consular Processing and due to Covid-19 pandemic & Presidential proclamation 10052, the H-1B applicant has been unable to obtain an H-1B…

Jenny ZhanJanuary 27, 2021

H-1B and E-3 Visa Immigration

H-1B employee’s place of employment is about to change. Does a new LCA & amended H-1B petition have to be filed with USCIS?

It is not unusual that during the validity period of Labor Condition Application (LCA) (which can be issued for up to 3 years), the H-1B employee’s place of employment changes. In 2015, the Administrative Appeals Office issued a very important…

Jenny ZhanJanuary 26, 2021

Immigration

What Is the Fairness for High-Skilled Immigrants Act of 2020, which recently passed in the Senate? What will its effects be?

Is it true that the Senate passed a bill that would affect the green card backlog? Yes -- on December 2, the U.S. Senate passed an amended version of the “Fairness for High-Skilled Immigrants Act” which passed the U.S. House…

Jenny ZhanDecember 14, 2020

Approvals

I-140 Petition approved for an EB-1A extraordinary ability worker

We just had an I-140 petition approved at the USCIS Nebraska Service Center. The applicant is being sponsored by a U.S. company (please note that an EB-1A green card applicant may also file a self-petition). The case was approved for…

Jenny ZhanNovember 19, 2020

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employment | Scott Legal, P.C.

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

Eb-1a Green Card: Questions and Answers

What is the process for applying for a National Interest Waiver? How long does it take to obtain a green card through the NIW category?

What role do expert letters play in a National Interest Waiver Application?

Bypassing the Labor Certification Application for Individuals of Exceptional Ability in the Sciences or Arts, Including College and University Teachers

Bypassing the Labor Certification Application for Professional Nurses and Physical Therapists

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?

What happens if there are changes to a company abroad after the approval of an L-1 petition? Can L-1 employees continue working in the U.S. if the foreign company that they worked for shuts down?

Adjustment of Status under the benefit of section 245(i) of the Immigration and Nationality Act.

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 are the H-1B filing fees? How much does it cost to file an H-1B petition?

What is an H-1B Public Access File? Questions and Answers

Do I need an evaluation of my foreign educational credentials for TN Visas?

FY H-1B Cap Registration Starts March 9!

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?

H-1B Change of Status Petition approved by USCIS

H-1B employee’s place of employment is about to change. Does a new LCA & amended H-1B petition have to be filed with USCIS?

What Is the Fairness for High-Skilled Immigrants Act of 2020, which recently passed in the Senate? What will its effects be?

I-140 Petition approved for an EB-1A extraordinary ability worker

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