work permit | Scott Legal, P.C.

Approval of Request for Reinstatement of I-140 Petition under Section 204(l) Relief for Surviving Relatives

We just had USCIS agree to reinstate an I-140 approval for a client whose relative passed away after the I-140 was approved. Section 204(l) Relief for Surviving Relatives allows certain principal and derivative applicants to seek the reinstatement of a…

Jenny ZhanDecember 16, 2020

Immigration L-1 Visa

I am on an L-1 and my company is sponsoring me for a green card. Once my green card petition is filed and I receive my work authorization, do I need to extend my L-1 visa?

The L-1 visa allows companies abroad that have a qualifying relationship with a U.S. company to transfer employees to the U.S. in managerial, executive and specialized knowledge roles. The L-1 visa can be granted for up to 7 years for…

Jenny ZhanNovember 6, 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 News

The October 2020 Visa Bulletin

What is the Visa Bulletin? The U.S. government provides the Visa Bulletin to keep track of visa numbers and to give you a tool to determine when you can file your green card petition and when it can be approved.…

Jenny ZhanOctober 8, 2020

Family Immigration Immigration

I filed a green card application. Should I apply for an Advance Parole and Employment authorization card?

If you are filing an Adjustment of Status application (either because a family member sponsored you or based on employment based petition), you may be wondering whether you should apply for a travel and work authorization and whether you should…

Jenny ZhanOctober 8, 2020

Immigration News

October visa bulletin: EB-3 Current for all countries except for China and India, EB-5 have not advanced

In the September 2020 visa bulletin, there is little movement in most employment visa categories. In EB-1, China and India advanced three months to June 1, 2018. EB-2 for China has advanced 6 weeks to March 1, 2016 and India…

Jenny ZhanOctober 8, 2020

Approvals

I-140 EB3 Approval for an Accountant at an Accounting Firm

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

Jenny ZhanSeptember 29, 2020

Deportation & Humanitarian Immigration

Federal Court Rules TPS Can Be Terminated for El Salvador, Haiti, Nicaragua, and Sudan

The Ninth Circuit Court of Appeals have ruled that the Department of Homeland Security may proceed with terminating Temporary Protected Status for four countries, El Salvador, Haiti, Nicaragua, and Sudan. The decision also impacts the TPS designations for Nepal and…

Jenny ZhanSeptember 17, 2020

Deportation & Humanitarian Immigration

USCIS Issues Updated DACA Policy

USCIS has announced updated policies regarding adjudicating DACA requests and related work permit applications. The U.S. Supreme Court ruled on June 18 that the Trump Administration failed to provide an adequate justification for terminating the Deferred Action For Childhood Arrivals…

Jenny ZhanAugust 27, 2020

Immigration

September Visa Bulletin: Little Movement Across All Categories

In the September 2020 visa bulletin, there is little movement in most employment visa categories. In EB-1, China and India advanced three weeks to March 1, 2018. EB-2 for China has remained at January 15, 2016 and India has remained…

Jenny ZhanAugust 21, 2020

Covid 19

Bill Introduced in Congress to Allow 40,000 Doctor and Nurses Immigrant Visas

A group of Senators have introduced legislation in Congress that would allow 40,000 immigrant doctors and nurses to gain visas and work permits as a response to the COVID-19 pandemic. The proposal would reallocate a limited number of unused visas…

Jenny ZhanMay 8, 2020

Covid 19 H-1B and E-3 Visa

I am in the U.S. on H-1B visa and my employment was terminated due to the Corona virus outbreak. Can I stay in the U.S. if I find a new job? How long do I have to find a new job?

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 you are currently in the U.S. on an H-1B visa and…

Jenny ZhanApril 8, 2020

Covid 19

Coronavirus Update: USCIS to Reuse Previously Submitted Biometrics to Process Work Permit Applications

USCIS has announced that they will reuse previously submitted biometrics in order to process valid work permit application extension requests due to the closure of Application Support Centers (ASC). Biometrics appointments are appointments where the applicant’s fingerprints, photo, and information…

Jenny ZhanApril 1, 2020

Covid 19 E-2 Visa Immigration Investor Visas

I am in the U.S. on E-2 employee visa. Can I apply for unemployment benefits due to the Coronavirus? Can my spouse apply for unemployment benefits due to the Coronavirus?

Due to the coronavirus outbreak, many of our clients ask us the following question: Can I apply for unemployment benefits? If I apply for unemployment benefits, will the government determine that I am likely to become a public charge? Let’s…

Jenny ZhanMarch 25, 2020

H-1B and E-3 Visa

H-1B Electronic Registration Closes Today!

At noon EST on March 20, the initial registration period for FY 2021 H-1B lottery selection will close. All registrations must be properly submitted before this time in order to be considered in the initial selection. After registration closes, if…

Jenny ZhanMarch 20, 2020

H-1B and E-3 Visa

Can a H-1B Petition Still Be Approved If I Don’t Have a Professional License That is Required for a Job? What Happens If I Do Not Have a License to Practice a Job That Require a License?

There are certain specialty occupations that require the appropriate licensure in order to be able to perform the duties required on the job. For example, an attorney would need a license to practice law, an architect requires a license to…

Jenny ZhanMarch 16, 2020

H-1B and E-3 Visa

FY H-1B Cap Registration Starts March 1!

The initial registration period for the FY2020 H-1B cap will open at noon Eastern Standard Time on March 1 and run through noon EST on March 20. During this time, prospective petitioners and legal representatives will be able to fill…

Jenny ZhanFebruary 28, 2020

Approvals

E-2 Visa approval for an IT Consulting Company at the U.S. Embassy in Warsaw for a National of Poland

We just had an E-2 employee visa approval at the U.S. Embassy in Warsaw. The business provides IT consulting services. The applicant has extensive experience and will be a senior manager in the company. The visa was granted for 1…

Jenny ZhanFebruary 26, 2020

H-1B and E-3 Visa

What is the Last Action Rule? Should I be worried when I travel internationally after the H-1B petition was approved but before the H-1B effective start date?

Let’s analyze the following scenario: You were in the U.S. on a post-completion OPT and found an employer willing to sponsor you for an H-1B visa. The employer filed an H-1B cap petition that got approved in July with the…

Jenny ZhanFebruary 24, 2020

E-2 Visa Immigration Investor Visas

Do E-2 spouses get the automatic 180 day EAD extension? My EAD expires in 2 weeks, is there any way to expedite the EAD renewal application? Can I file an Expedite Request?

Spouses of E-2 Investors or E-2 employees can apply for a Work Authorization Card (EAD card). What is the automatic 180 day extension? Aliens that are in the U.S. in certain immigrant/non-immigrant categories can get an automatic 180 day extension…

Jenny ZhanJanuary 27, 2020

News

USCIS Announced Eligible Countries for H-2A and H-2B Visa Programs for 2020

USCIS has announced today the countries that are eligible to participate in the H-2A and H-2B visa programs effective January 19, 2020. The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals…

Jenny ZhanJanuary 16, 2020

Immigration

January 2020 Visa Bulletin: EB-3 Visa Expected to Retrogress Worldwide by March 2020

The State Department’s January 2020 Visa Bulletin included projections of immigrant visa availability though April and May 2020, and EB-3 visas are expected to retrogress worldwide by March 2020. The date it will be retrogressed to will not be known…

Jenny ZhanDecember 20, 2019

H-1B and E-3 Visa Immigration

Premium Processing Fee to Increase on December 2

Fees for Form I-907 Premium Processing will increase from the current $1410 to $1440 on December 2. Premium Processing Service means that USCIS will issue a decision (approval, denial, Request for Evidence, or Notice of Intent to deny) within 15…

Jenny ZhanNovember 21, 2019

Deportation & Humanitarian Immigration

TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan Extended in Compliance with Court Orders

The Department of Homeland Security will continue to extend Temporary Protected Stats (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan to comply with court challenges against DHS’s decision to terminate TPS for these countries. TPS is granted…

Jenny ZhanNovember 21, 2019

work permit | Scott Legal, P.C.

Approval of Request for Reinstatement of I-140 Petition under Section 204(l) Relief for Surviving Relatives

I am on an L-1 and my company is sponsoring me for a green card. Once my green card petition is filed and I receive my work authorization, do I need to extend my L-1 visa?

New Expanded Premium Processing Services and Increased Costs Effective October 19

Congress Passes Stopgap Spending Measure and Premium Processing Services Expanded

The October 2020 Visa Bulletin

I filed a green card application. Should I apply for an Advance Parole and Employment authorization card?

October visa bulletin: EB-3 Current for all countries except for China and India, EB-5 have not advanced

I-140 EB3 Approval for an Accountant at an Accounting Firm

Federal Court Rules TPS Can Be Terminated for El Salvador, Haiti, Nicaragua, and Sudan

USCIS Issues Updated DACA Policy

September Visa Bulletin: Little Movement Across All Categories

Bill Introduced in Congress to Allow 40,000 Doctor and Nurses Immigrant Visas

I am in the U.S. on H-1B visa and my employment was terminated due to the Corona virus outbreak. Can I stay in the U.S. if I find a new job? How long do I have to find a new job?

Coronavirus Update: USCIS to Reuse Previously Submitted Biometrics to Process Work Permit Applications

I am in the U.S. on E-2 employee visa. Can I apply for unemployment benefits due to the Coronavirus? Can my spouse apply for unemployment benefits due to the Coronavirus?

H-1B Electronic Registration Closes Today!

Can a H-1B Petition Still Be Approved If I Don’t Have a Professional License That is Required for a Job? What Happens If I Do Not Have a License to Practice a Job That Require a License?

FY H-1B Cap Registration Starts March 1!

E-2 Visa approval for an IT Consulting Company at the U.S. Embassy in Warsaw for a National of Poland

What is the Last Action Rule? Should I be worried when I travel internationally after the H-1B petition was approved but before the H-1B effective start date?

Do E-2 spouses get the automatic 180 day EAD extension? My EAD expires in 2 weeks, is there any way to expedite the EAD renewal application? Can I file an Expedite Request?

USCIS Announced Eligible Countries for H-2A and H-2B Visa Programs for 2020

January 2020 Visa Bulletin: EB-3 Visa Expected to Retrogress Worldwide by March 2020

Premium Processing Fee to Increase on December 2

TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan Extended in Compliance with Court Orders

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