Visa | Scott Legal, P.C.

Covid 19 E-2 Visa Immigration Investor Visas

Are Consulates Issuing E-2 Visas or are they Paused for Covid-19?

In light of the consular uncertainty and delays caused by the Covid-19 pandemic, a common question we receive is whether consulates are again processing E-2 visas. Fortunately, the answer is yes -- consulates have generally returned to processing E-2 visas,…

Khadija DerrickMarch 12, 2021

Immigration

Public Charge Rule Eliminated

The Biden Administration announced that it will no longer defend the 2019 public charge rule in court. The rule went through many different lawsuits, causing constant changes in the implementation of the rule, sometimes changing from one day to the…

Jenny ZhanMarch 10, 2021

Immigration

I am a dual national with a valid U.S. visa in a passport that has expired. Can I use the visa with my other passport, which has not expired? Is it possible to receive the same visa in each of my passports

Unfortunately, the answer to both questions is no. Background Some countries allow nationals to hold more than one citizenship. For example, an individual born in Colombia might become a dual national by acquiring Swiss citizenship, thereby giving them the option…

Jenny ZhanMarch 5, 2021

EB-5 Visa Immigration Investor Visas

Can I file a mandamus for my delay EB-5 application, or must I wait to be beyond the estimated processing times?

As described in an earlier blog post, one option for those who have been waiting an unreasonably long time for the government to adjudicate their immigrant petition is suing USCIS through a mandamus action. Some who are considering this option…

Jenny ZhanMarch 4, 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

Family Immigration Immigration

President Biden Signs Executive Order to Overturn Immigrant Visa Ban

On April 23, 2020, the former president suspended the entry of certain employment and family-based green cards for 60 days. This proclamation was originally signed on April 22, 2020 (and was valid for 60 days), and President Trump later extended…

Jenny ZhanFebruary 25, 2021

H-1B and E-3 Visa Immigration

USCIS Announces Expansion of Premium Processing Services to E-3 Visas

USCIS announced today that it has expanded premium processing services to include E-3 visa applications. Premium processing guarantees that USCIS will take adjudicative action on the application within 15 days. If USCIS fails to do so, the agency will return…

Jenny ZhanFebruary 24, 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

E-2 Visa Extraordinary Ability Immigration Investor Visas

What are Some Visa and Green Card Options for Entrepreneurs & Investors?

The U.S. is the land of opportunity and the perfect place for entrepreneurs to realize their dream. If you want to start and run a business in the U.S., or if you want to purchase and manage an already existing business…

Jenny ZhanFebruary 23, 2021

Family Immigration Immigration Visa Waivers

Potential options for noncitizens subject to permanent bar based on unlawful presence.

So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we have available? Honestly, not that many. One option to consider…

Jenny ZhanFebruary 18, 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

Immigration

How past marijuana related convictions can affect Legal Permanent Residents of the United States

I am a Legal Permanent Resident living in the US for 10 years. Last year I was convicted of a marijuana related offense. Will this conviction affect my green card status? Marijuana is a controlled substance under federal law which…

Vojo VrchakovskiFebruary 11, 2021

E-2 Visa Immigration Investor Visas

Can I own a Company in the U.S. without a Visa? Can I own another company while on an E-2 visa?

If you are in the U.S. on a visa, you are only permitted to engage in activities consistent with that visa. We often think of visas as containing a bundle of rights, and you only have the right to do…

Vojo VrchakovskiFebruary 11, 2021

Family Immigration Immigration

I was born abroad and then adopted. Now I am a U.S. citizen. Can I sponsor my biological parent for a green card?

No. The Immigration and Nationality Act explicitly states that the biological parent and any prior adoptive parent of a U.S. citizen receives no rights, privileges, or status for immigration purposes as a result of that parental relationship. Background The U.S.…

Vojo VrchakovskiFebruary 10, 2021

Immigration

What is consular nonreviewability? Does it mean that I cannot sue a consulate that has failed to act or is taking an unreasonably long time to decide my immigration petition?

In spite of a doctrine in immigration law that courts do not review consular officers’ immigration decisions, courts are able and willing to compel consulates to make a decision when they have failed to. As a result, you can sue…

Vojo VrchakovskiFebruary 10, 2021

E-2 Visa EB-5 Visa Immigration Investor Visas

What are some considerations from moving from an E-2 Visa to EB-5? Can I move from E-2 to EB-5?

Many that are on an E-2 visa ask the questions: How do I Convert my E-2 visa to a Green Card? What is the EB-5 Direct Program? An E-2 visa does not lead to a green card but if you…

Jenny ZhanFebruary 9, 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

Approvals

B-2 extension of status approval with USCIS

We just had a B-2 extension of status approved through U.S. Citizenship & Immigration Services (USCIS) for a client who wanted to remain in the U.S. as a tourist due to concerns about traveling because of COVID-19. If someone is…

Jenny ZhanFebruary 9, 2021

H-1B and E-3 Visa

H-1B visa: Questions and Answers

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 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

Immigration Immigration Biden/Harris Administration L-1 Visa

How has the Buy American, Hire American Executive Order impacted L-1 visas? Will this change under a Biden/Harris administration?

In 2017, President Trump signed the Buy American, Hire American (“BAHA”) Executive order. This Executive Order sought to protect the interests of U.S. workers in the administration of the U.S. immigration system and prevent abuse and fraud. For L-1 visas,…

Jenny ZhanFebruary 2, 2021

Immigration L-1 Visa

If I own a company abroad can I come to the U.S. on an L-1? Can company owners qualify as L-1 managers or executives?

The L-1A visa allows companies abroad that have qualifying relationships with U.S. companies to transfer employees to the U.S. For the L-1A, the employees must be coming to the U.S. to work in managerial or executive positions. For the L-1B,…

Jenny ZhanFebruary 1, 2021

Visa | Scott Legal, P.C.

Are Consulates Issuing E-2 Visas or are they Paused for Covid-19?

Public Charge Rule Eliminated

I am a dual national with a valid U.S. visa in a passport that has expired. Can I use the visa with my other passport, which has not expired? Is it possible to receive the same visa in each of my passports

Can I file a mandamus for my delay EB-5 application, or must I wait to be beyond the estimated processing times?

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?

President Biden Signs Executive Order to Overturn Immigrant Visa Ban

USCIS Announces Expansion of Premium Processing Services to E-3 Visas

Bypassing the Labor Certification Application for Professional Nurses and Physical Therapists

What are Some Visa and Green Card Options for Entrepreneurs & Investors?

Potential options for noncitizens subject to permanent bar based on unlawful presence.

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?

How past marijuana related convictions can affect Legal Permanent Residents of the United States

Can I own a Company in the U.S. without a Visa? Can I own another company while on an E-2 visa?

I was born abroad and then adopted. Now I am a U.S. citizen. Can I sponsor my biological parent for a green card?

What is consular nonreviewability? Does it mean that I cannot sue a consulate that has failed to act or is taking an unreasonably long time to decide my immigration petition?

What are some considerations from moving from an E-2 Visa to EB-5? Can I move from E-2 to EB-5?

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

B-2 extension of status approval with USCIS

H-1B visa: Questions and Answers

FY H-1B Cap Registration Starts March 9!

How has the Buy American, Hire American Executive Order impacted L-1 visas? Will this change under a Biden/Harris administration?

If I own a company abroad can I come to the U.S. on an L-1? Can company owners qualify as L-1 managers or executives?

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