Visa | Scott Legal, P.C.

How long can I stay in the U.S. on a B visa?

The B-1 classification is available to foreign nationals who desire to enter the U.S. for short-term business activities. For B-1 purposes, engaging in business generally means business activities other than performance of skilled and unskilled labor that are a necessary…

Jenny ZhanJanuary 13, 2021

Immigration L-1 Visa

What does the extension of Presidential Proclamation 10052 mean for my L-1 application?

On June 22, 2020, Presidential Proclamation 10052 suspended the entry of people in the following visa categories through December 31, 2020: H-1B, H-2B, J (applying to interns, trainees, teachers, camp counselors, au pairs, or summer work travel programs), L &…

Jenny ZhanJanuary 11, 2021

E-2 Extension of Status Approval with USCIS for a digital product development company based in Austin

We just had an E-2 approval with U.S. Citizenship & Immigration Services. The applicant was granted 2 years in E-2 status and the business is a digital product development company that is based in Austin, Texas. The E-2 investor is a national…

Jenny ZhanJanuary 8, 2021

E-2 Visa Immigration Investor Visas

Are the U.S. Consulates currently open? Are the U.S. Consulates currently processing E-2 visa applications?

Many of our clients and potential clients are curious to know whether the U.S. Consulates abroad are currently open and whether the Consulates are currently processing E-2 visa applications and scheduling E-2 visa interviews. The question we often get from…

Jenny ZhanJanuary 8, 2021

Covid 19 Immigration

Can I apply for a National Interest Exception at a CBP office at the airport? Do I need to apply through a U.S. Consulate abroad first? What is the procedure?

In July 2020, the Department of State announced that certain business and student travelers coming from Schengen countries or the U.K. (such as B-1 business visitors), treaty traders, or treaty investors may apply for a National Interest Exception (“NIE”). The NIE allows such…

Jenny ZhanJanuary 5, 2021

Proclamation suspending entry of certain H-1B, H-2B, J-1, and L visa workers extended until March 31, 2020

On December 31, 2020, President Trump extended the Proclamation 10014 that suspends visa issuance to: H-1B or H-2B visa workers (and any alien accompanying or following to join such alien) J visa workers, if they are participating in an intern,…

Jenny ZhanJanuary 5, 2021

E-2 Approval with USCIS for a company offering motorcycle tours

We just had an E-2 approval with U.S. Citizenship & Immigration Services. The applicant was granted 2 years in E-2 status and the business is a company offering guided motorcycle tours, motorcycle training school, and short term motorcycle rentals. applicant…

Jenny ZhanJanuary 4, 2021

I am currently in the U.S. in H-1B status but recently lost my job. I’d like to change my status from H-1B to a B-2 tourist visa.

For background, you can learn more about the H-1B visa here, and about the B-2 tourist visa here . But if you want to change status between the H-1B and B-2, how does the timing matter? Can I file a…

Jenny ZhanDecember 30, 2020

I am a U.S. citizen who lives or works abroad for long periods of time. I am traveling to the U.S. temporarily and would like to bring my nanny. Can I do so?

The Department of State permits “personal employees or domestic workers” (including nannies) of U.S. citizens to accompany them on temporary visits to the U.S., but only if certain conditions are met. If the conditions are met, the nanny would receive…

Jenny ZhanDecember 30, 2020

H1B approval for a Finance Professional working in the Food Industry

We just had an H-1B approval with U.S. Citizenship & Immigration Services (USCIS). The beneficiary is a finance professional working in the food industry who changed employers. If a beneficiary is already in the U.S. in H-1B status and meets…

Jenny ZhanDecember 17, 2020

I have been in the U.S. on my B-2 visa for the maximum allowed stay of 6 months. Can I simply do a “visa run” – a short visit to a neighboring country – in order to restart my 6-month visa clock?

B-2 Visa Basics The B-2 tourist visa is a nonimmigrant visa with a validity period of up to 10 years, and can permit the visa holder multiple entries (the visa validity period and number of permitted entries depends on the…

Jenny ZhanDecember 11, 2020

TN Visa

Our company is thinking about hiring a TN visa applicant. What requirements would hiring a TN visa applicant place on our company, if any?

What are the obligations placed on the TN employer? The Trade National, or “TN,” visa is an excellent option for Canadian or Mexican nationals in specific occupations to temporarily work for an employer in the United States. The visa is…

Jenny ZhanDecember 8, 2020

Can I work for a U.S. company from abroad? Do I need a U.S. visa to work for a U.S. company from abroad?

Some of our clients are often confused whether they can work for a U.S. company if they are not in the U.S. and whether they need a U.S. visa to work for a U.S. company (even if they will not…

Jenny ZhanDecember 4, 2020

District Court of California ruled that the DOL and DHS promulgated regulations affecting H-1B workers without proper notice and comment procedure

In October 2020, the U.S. government promulgated two rules that would affect the H-1B visa program: one was proposed by the Department of Labor (“DOL”) and the second one was proposed by the Department of Homeland Security (“DHS”). The Department…

Jenny ZhanDecember 3, 2020

News TN Visa

Scott Legal Hosting Free Webinar on TN Visa Requirements

Scott Legal are hosting a free Zoom Webinar on TN visa requirements and sponsorship considerations. This seminar will go over the TN visa requirements including: The TN visa requirements explainedWhat is Sponsorship? Why a TN Visa does not require SponsorshipTips…

Jenny ZhanNovember 30, 2020

Trump Administration Proposes to Scrap H-1B Lottery in Favor of Wage-Based Selections

The Trump administration announced H-1B rule overhaul, where the H-1B visa lottery will be eliminated and replaced with a wage-based selection. The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa…

Jenny ZhanNovember 25, 2020

My B extension of status petition has been pending for almost 6 months. Can I stay in the U.S. as long as the petition is pending or do I have to leave the U.S.?

B-1 visa classification is available to foreign nationals who desire to enter the U.S. for short-term business activities. For B-1 purposes, engaging in business generally means business activities other than performance of skilled and unskilled labor that are a necessary…

Jenny ZhanNovember 24, 2020

Immigration TN Visa

I am currently in the U.S. on a non-immigrant visa. Can I renew my U.S. visa in Mexico?

Many of our clients are in the U.S. on some sort of a non-immigrant visa. We often get asked the following question from our clients: Can I renew my visa in Mexico? Applying for initial non-immigrant visa in Mexico If…

Jenny ZhanNovember 20, 2020

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

Covid 19

Can I apply for the National Interest Exception if I have ESTA or do I have to have a valid B-1 visa?

Jenny ZhanNovember 18, 2020