petition | Scott Legal, P.C.

I submitted an EB-5 petition and received a request for evidence (RFE) from USCIS asking for financial records from 30 years ago. Is there a limit to how far back USCIS can trace the source of funds and request documentation? How might I respond?

USCIS exercises broad discretion to require documentation that traces the source of funds pursuant to an immigrant visa application. However, there are options for effectively responding to requests for documents that are unavailable or that no longer exist. Background Various…

Khadija DerrickMarch 8, 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

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

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

COVID-19

USCIS to Accept Scanned/Reproduced Signatures During COVID-19 Crisis

For many immigration petitions and forms (Eg. I-129, G-28, I-140), USCIS (U.S. Citizenship and Immigration Services) normally only accepts “wet” signatures. As both lawyers and applicants have to sign many forms, this creates logistical issues when freedom of movement has…

IanScottMarch 29, 2020

COVID-19

Coronavirus Update: USCIS Announces Flexibility for Requests for Evidence and Notices of Intent to Deny

USCIS has announced today 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) dated between March 1 and May 1, 2020. Any applicants who…

Jenny ZhanMarch 27, 2020

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

What is a Recapture petition? Can I recapture time I spent outside the U.S. while on H-1B status? Can I recapture time I spent outside the U.S while on L-1A or L-1B status?

H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. The beneficiary (the foreign worker) must have a Bachelor’s degree or higher. You can be granted H-1B status in the U.S. for a maximum…

Jenny ZhanNovember 19, 2019

Immigration L-1 Visa

What is L-1 visa? What is blanket L petition? Can my company file blanket L petition? What are the advantages of filing blanket L petition?

An L-1 visa is a great option when a foreign company wants to transfer an employee working for abroad to a U.S. office. These are the four main requirements to obtain L-1 visa: The U.S. employer must have a qualifying…

Jenny ZhanOctober 18, 2019

Immigration

ICE Increases Fee for International Students, Exchange Visitors, and SEVP-Certified Schools

U.S. Immigration and Customs Enforcement (ICE) announced that the Student and Exchange Visitor Program (SEVP) petition and application fees will increase on June 24, 2019. Foreign nationals who enter the United States to pursue educational degrees are admitted as F-1…

Jenny ZhanMay 24, 2019

H-1B and E-3 Visa Immigration

Recent Trends In Adjudication of H-1B Petitions Reveal Increased Scrutiny by USCIS

Recent Trends In Adjudication of H-1B Petitions Reveal Increased Scrutiny by USCIS Many studious readers of Scott Legal’s blog are familiar with the recent changes to the U.S. Immigration system arranged by the Trump Administration. One promise President Trump frequently…

Jenny ZhanDecember 1, 2017

petition | Scott Legal, P.C.

I submitted an EB-5 petition and received a request for evidence (RFE) from USCIS asking for financial records from 30 years ago. Is there a limit to how far back USCIS can trace the source of funds and request documentation? How might I respond?

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?

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

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

USCIS to Accept Scanned/Reproduced Signatures During COVID-19 Crisis

Coronavirus Update: USCIS Announces Flexibility for Requests for Evidence and Notices of Intent to Deny

What is a Recapture petition? Can I recapture time I spent outside the U.S. while on H-1B status? Can I recapture time I spent outside the U.S while on L-1A or L-1B status?

What is L-1 visa? What is blanket L petition? Can my company file blanket L petition? What are the advantages of filing blanket L petition?

ICE Increases Fee for International Students, Exchange Visitors, and SEVP-Certified Schools

Recent Trends In Adjudication of H-1B Petitions Reveal Increased Scrutiny by USCIS

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