Visa | Scott Legal, P.C.

Immigration

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

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

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?

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 ZhanNovember 18, 2020

Immigration

Do I have to change my address if I move within the U.S.? What is Form AR-11?

What is form AR-11? This is a form you have to file if you move within the U.S. and you are in the U.S. as a green card holder or on a non-immigrant visa status. You can find this form…

Jenny ZhanNovember 16, 2020

Immigration TN Visa White House & President Immigration News

What impact will the Biden/Harris administration have on TN visa? What changes did the Trump administration make with regards to TN visa?

TN visa is a visa that is based on an agreement between Canada, Mexico and the U.S. It allows certain professions (for example lawyers, accountants, graphic designers, researchers, engineers) to easily obtain employment in the U.S. Please see more about the TN…

Jenny ZhanNovember 12, 2020

E-2 Visa Immigration Investor Visas

I want to renew my E-2 visa. What will I have to show in my renewal application? Do I have to invest additional money in the business if I am renewing my E-2 visa?

An E-2 visa is a visa classification that is available for foreign nationals who wish to live in the U.S. to develop and direct the operations of a business. The business can be large or small and an E-2 visa…

Jenny ZhanNovember 6, 2020

Approvals

National Interest Exception Application approved at the U.S. Consulate in London

We just had a National Interest Exception Application approved at the U.S. Consulate in London. The approval was for a B-1 business visitor who is a national of Italy but resides and lives in London. Please see more about the…

Jenny ZhanOctober 30, 2020

Immigration

Can I change status from B-1/B-2 to F-1?

F-1 visa is a great visa for students who want to come to the U.S. and attend university, college, high school, elementary school, or other academic institutions. There are 2 main ways to can come to the U.S. and attend…

Jenny ZhanOctober 29, 2020

Extraordinary Ability Immigration

New Guidance on O-1 visa classification

On September 17, 2020 USCIS announced that it consolidate policy guidance on the O-1 visa in the USCIS Policy Manual. The USCIS Policy Manual is the agency’s centralized repository for USCIS’ immigration policies. The Policy Guidance on the O-1 visa classification…

Jenny ZhanOctober 26, 2020

Immigration

Would I be refused entry if I refuse to comply with CBP phone or computer search? Do CBP need a search warrant to look through my devices?

Although the state of the law regarding the extent of authority an immigration officer, “CBP officer” has to search electronic devices such as a cell phone or laptop is unclear and pending litigation in US courts, the short answer is…

Jenny ZhanOctober 20, 2020

H-1B and E-3 Visa Immigration News

Limited Injunction Against Nonimmigrant H-1B, H-2B, and J-1 Visa Entry Ban

Judge White of the Federal District Court for Northern District of California has issued a limited injunction against the non-immigrant travel ban issued by the Trump Administration against the entry of H-1B, H-2B, and certain J-1 nonimmigrants. The original executive…

Jenny ZhanOctober 16, 2020

Immigration

I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime?

No, in general we discourage travel outside the U.S. while a change of status petition is pending. Travel Outside the U.S. While Change of Status Petition Is Pending An individual who has status under one nonimmigrant visa category can change…

Jenny ZhanOctober 15, 2020

Approvals

TN Visa Approval for Lawyer at Canadian Border

We just had a Canadian TN approval at Peace Bridge, a port of entry between Ontario and New York. The applicant was granted the visa for 3 years under the lawyer category. TN applications for Canadian nationals can be adjudicated at…

Jenny ZhanOctober 13, 2020

COVID-19

Tips for Boarding the Plane with a National Interest Exception Waiver

Jenny ZhanOctober 9, 2020

Immigration News

Judge Blocks USCIS Application Fee Increase

California District Court Judge White has blocked the Department of Homeland Security’s fee increase, originally slated to take effect on October 2, 2020. The October 2 fee increase would have significantly increased the costs for most employment-based applications and other…

Jenny ZhanOctober 5, 2020

E-2 Visa Immigration Investor Visas

Can I hire U.S. employees before my E-2 visa application is approved?

An E-2 visa is a great option if you want to start a business in the U.S., you have invested a substantial amount of money in the U.S. or you are in the processing of investing the money, and you plan to…

Jenny ZhanOctober 1, 2020

Approvals

TN Visa Approval for Lawyer at the Mexican Consulate

We just had a Mexican TN approval at the U.S. Embassy in Mexico City. The applicant was granted the visa for 1 year under the lawyer category. The interview was waived since it was a renewal application. Interview waivers are…

Jenny ZhanSeptember 30, 2020

Approvals

National Interest Exception Application approved at the U.S. Consulate in Netherlands

We just had a National Interest Exception Application approved at the U.S. Consulate in Amsterdam. The approval was for a B-1 business visitor who is a national of the Netherlands. The Consulate approved the application in 1 business day. Please…

Jenny ZhanSeptember 30, 2020

E-2 Visa Immigration Investor Visas L-1 Visa

I am an employer and I want to transfer several employees to the U.S. Is the L-1 visa a good option? Is the E-2 visa a good option?

Sometimes employers are faced with the need to transfer many employees from abroad to the United States within a short time frame. For example, a manufacturing company may take on a project that requires engineers or designers with a specific…

Jenny ZhanSeptember 28, 2020

COVID-19

Can I study in the U.S. during Corona virus? Can I apply for an F-1 visa? Can I take online classes only if I am in the U.S. on F-1 visa?

The Covid-19 crisis has disrupted all aspects of daily life. With both borders and Consulates closed, travel to and from the U.S. can be difficult. One category that is affected by the Covid-19 crisis are students. When the Covid-19 crisis began back in the…

Jenny ZhanSeptember 22, 2020

E-2 Visa Immigration Investor Visas

COVID-19

My National Interest Exception Application was approved. What will serve as an evidence that it was approved? What documents should I have with me when travelling to the U.S.?

Jenny ZhanSeptember 17, 2020

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Visa | Scott Legal, P.C. - Part 3

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.?

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

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

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

Do I have to change my address if I move within the U.S.? What is Form AR-11?

What impact will the Biden/Harris administration have on TN visa? What changes did the Trump administration make with regards to TN visa?

I want to renew my E-2 visa. What will I have to show in my renewal application? Do I have to invest additional money in the business if I am renewing my E-2 visa?

National Interest Exception Application approved at the U.S. Consulate in London

Can I change status from B-1/B-2 to F-1?

New Guidance on O-1 visa classification

Would I be refused entry if I refuse to comply with CBP phone or computer search? Do CBP need a search warrant to look through my devices?

Limited Injunction Against Nonimmigrant H-1B, H-2B, and J-1 Visa Entry Ban

I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime?

TN Visa Approval for Lawyer at Canadian Border

Tips for Boarding the Plane with a National Interest Exception Waiver

Judge Blocks USCIS Application Fee Increase

Can I hire U.S. employees before my E-2 visa application is approved?

TN Visa Approval for Lawyer at the Mexican Consulate

National Interest Exception Application approved at the U.S. Consulate in Netherlands

I am an employer and I want to transfer several employees to the U.S. Is the L-1 visa a good option? Is the E-2 visa a good option?

Can I study in the U.S. during Corona virus? Can I apply for an F-1 visa? Can I take online classes only if I am in the U.S. on F-1 visa?

Can I register an E-2 company so I can bring employees from my home country if I am a naturalized U.S. citizen?

My E-2 investor application was submitted to USCIS. What are the next steps?

Can I apply for an ESTA during Covid?

My National Interest Exception Application was approved. What will serve as an evidence that it was approved? What documents should I have with me when travelling to the U.S.?

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