employment | Scott Legal, P.C.

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

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 News

Congress Passes Stopgap Spending Measure and Premium Processing Services Expanded

Congress has passed a stopgap spending measure to ensure that the US government and several immigration operations will be extended through to December 11, 2020. The spending measure extended the four expiring immigration programs including the E-Verify, the EB-5 Regional…

Jenny ZhanOctober 9, 2020

Immigration

USCIS denied my employment-based petition. What are my options now? Can I sue the government?

In short, yes, you can sue the government if your petition has been denied. Not only that, at a time when the government is denying or delaying decisions at a record frequency, a lawsuit might be your most promising option…

Jenny ZhanOctober 9, 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

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

News

H-3 visa: Q&A

What is the H-3 trainee visa? The H-3 trainee visa is for individuals who are coming to the U.S. to receive training in their field of endeavor (medical training is excluded). Do I need a sponsor for an H-3 visa?…

Jenny ZhanAugust 19, 2020

EB-5 Visa Immigration Investor Visas

New USCIS Policy Manual Clarifying EB-5 Funds Deployment

USCIS has issued a new policy manual on July 24 regarding the deployment of EB-5 funds. If you want a green card and have ever thought about starting or purchasing a business in the United States an EB-5 Investor Visa…

Jenny ZhanJuly 24, 2020

Immigration News

August Visa Bulletin Significant Advances in Employment Based Categories

In the August 2020 visa bulletin, there is significant advances in most employment visa categories. In EB-1, China advanced almost six months to February 8, 2018, India advanced nine month to February 8, 2018. EB-2 for China advanced two months…

Jenny ZhanJuly 21, 2020

Questions & Answers

What is the maximum period of time I can be unemployed on OPT? What is the maximum period of time I can be unemployed on STEM OPT?

If you are currently in the U.S. working on a post-completion OPT or if you graduated university and you are currently looking for a job related to your field of study, you may be wondering for how many days in…

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

Approvals

I-140 EB3 approval for a Data Analyst at a Consumer Products Company

We just had an I-140 approval with U.S. Citizenship & Immigration Services. The company is a consumer goods company and the beneficiary is a data analyst. You can set up a consultation by clicking the link below. To find out…

Jenny ZhanJuly 1, 2020

Extraordinary Ability

Is there a limit as to how many times I can renew my O-1 visa? Is there a maximum time I can spend in the U.S. on an O-1 visa?

No. There is not limit as to how many times you can renew your O-1 visa and there is no limit as to how many years you can spend in the U.S. on an O-1 visa. You can keep renewing…

Jenny ZhanJune 30, 2020

Extraordinary Ability Immigration

What is a high salary for the purposes of O-1B visa? How can I meet this requirement?

The O-1B visa is for foreign nationals (aliens) who have demonstrated extraordinary ability by sustained national or international acclaim in the arts or extraordinary achievement in motion picture or television industry. To qualify for an O-1B visa, you will have…

Jenny ZhanJune 25, 2020

Extraordinary Ability

Do I have to be a W-2 employee if I am in the U.S. on an O-1 visa?

The O-1 visa nonimmigrant visa is for individuals who possesses extraordinary ability in certain fields. For more information about O-1 visa petitions, please click here. For the O-1 visa, you can be sponsored by either an employer or by an agent. O-1…

Jenny ZhanJune 25, 2020

Client Advice

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

Jenny ZhanJune 25, 2020

Immigration

Department of Labor will not Extend Time to Respond to Inquiries and Recruit for PERM Filings

On March 20, 2020, DOL initially relaxed its related filing rules due to the challenges facing businesses during the COVID pandemic. Department of Labor’s Office of Foreign Labor Certification has confirmed that it will not extend this policy. This means…

Jenny ZhanJune 5, 2020

Immigration

Do I have to have an Employment Offer for the Eb-1A green card? Can I file a self-petition for the EB-1A green card? What documents should I submit if I file a self-petition?

To qualify for the EB-1A Green Card, you will need to prove that you are one of the small percentage of people who have risen to the very top of your field. To prove that you qualify for the Eb-1A green card,…

Jenny ZhanMay 15, 2020

Immigration

What is a high salary for the EB-1A green card? Do I have to have a high salary to get the EB-1A green card? What documents should I submit to demonstrate this?

To qualify for the EB-1A Green Card, you will need to prove that you are one of the small percentage of people who have risen to the very top of your field. To prove that you qualify for the Eb-1A…

Jenny ZhanApril 27, 2020

H-1B and E-3 Visa

My H-1B registration was selected in the lottery and my F-1 OPT work authorization expires soon. Does the H-1B application have to be filed before it expires??

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. There are a limited number of H-1B petitions that USCIS can adjudicate every year (65,000 Regular Cap petitions and additional 20,000 U.S. Advanced Degree Petitions). Every…

Jenny ZhanApril 22, 2020

Covid 19 Immigration Immigration Law Changes & New Law

Trump Administration Announces Suspension of Green Card Issuance

President Trump announced on Tuesday that he will sign an executive order that will suspend the processing of permanent residence applications for 60 days. The announcement stated that there may be exemptions to the rule, however what these exemptions are…

Jenny ZhanApril 22, 2020

Covid 19 H-1B and E-3 Visa

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 am in the U.S. on a non-immigrant visa and my employment was terminated due to the Corona virus outbreak. Do I have to leave the U.S. immediately? How Many Days Do I have?

I am in the U.S. on a non-immigrant visa and my employment was terminated due to the Corona virus outbreak. Do I have to leave the U.S. immediately? How many days can I stay after my employment was terminated? Covid-19…

Jenny ZhanApril 9, 2020

employment | Scott Legal, P.C.

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

New Expanded Premium Processing Services and Increased Costs Effective October 19

Congress Passes Stopgap Spending Measure and Premium Processing Services Expanded

USCIS denied my employment-based petition. What are my options now? Can I sue the government?

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

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?

H-3 visa: Q&A

New USCIS Policy Manual Clarifying EB-5 Funds Deployment

August Visa Bulletin Significant Advances in Employment Based Categories

What is the maximum period of time I can be unemployed on OPT? What is the maximum period of time I can be unemployed on STEM OPT?

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

I-140 EB3 approval for a Data Analyst at a Consumer Products Company

Is there a limit as to how many times I can renew my O-1 visa? Is there a maximum time I can spend in the U.S. on an O-1 visa?

What is a high salary for the purposes of O-1B visa? How can I meet this requirement?

Do I have to be a W-2 employee if I am in the U.S. on an O-1 visa?

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

Department of Labor will not Extend Time to Respond to Inquiries and Recruit for PERM Filings

Do I have to have an Employment Offer for the Eb-1A green card? Can I file a self-petition for the EB-1A green card? What documents should I submit if I file a self-petition?

What is a high salary for the EB-1A green card? Do I have to have a high salary to get the EB-1A green card? What documents should I submit to demonstrate this?

My H-1B registration was selected in the lottery and my F-1 OPT work authorization expires soon. Does the H-1B application have to be filed before it expires??

Trump Administration Announces Suspension of Green Card Issuance

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 am in the U.S. on a non-immigrant visa and my employment was terminated due to the Corona virus outbreak. Do I have to leave the U.S. immediately? How Many Days Do I have?

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