work | Scott Legal, P.C.

Deportation & Humanitarian Immigration Immigration

Venezuela Designated for Temporary Protected Status

The Department of Homeland Security has announced that Venezuela has been designed for Temporary Protected Status (TPS) for 18 months, from March 9, 2021 through September 9, 2022. TPS is granted to certain groups of people in the wake of…

Jenny ZhanMarch 9, 2021

H-1B and E-3 Visa Immigration

H-1B registration: Do I have to set up an account on MyUSCIS?

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 ZhanMarch 5, 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 Individuals of Exceptional Ability in the Sciences or Arts, Including College and University Teachers

Employers looking to hire permanent workers in occupations listed on the U.S. Department of Labor’s Schedule A, including college and university teachers of exceptional ability and individuals of exceptional ability in the sciences or arts, are able to bypass the…

Jenny ZhanFebruary 23, 2021

H-1B and E-3 Visa Immigration

Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies?

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa Immigration

Do I need a license for the H-1B visa if my occupation requires a license?

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa Immigration

Timeline for the Upcoming FY 2022 H-1B Cap Season

The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer from a sponsoring employer in a specialty occupation that is related to their field of study. Currently, the…

Jenny ZhanFebruary 22, 2021

Immigration L-1 Visa

Can I bring my family to the U.S. on my L-1 visa? What is L-2 visa?

An L-1A visa is a great visa for an employee or owner of a company abroad who wants to transfer to a U.S. office or open a new office in the United States. When thinking about applying for an L-1 visa, you…

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa

What is an “institution of higher education” for the purposes of H-1B Master’s Cap?

Immigration and Nationality Act states that an H-1B Beneficiary who wants to qualify under the “Master’s Cap” had to earn “a Master's or higher degree from a United States institution of higher education.” The question then arises: What is an…

Jenny ZhanFebruary 19, 2021

H-1B and E-3 Visa

What is the H-1B lottery? Is the lottery based on the wage? What’s my chance to be selected in the lottery if I have a U.S. Master’s degree?

Jenny ZhanFebruary 19, 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

H-1B and E-3 Visa

Can I work part-time on H-1B status? Can I work for 2 employers on an H-1B status? Can I get paid based on an hourly rate on H-1B status?

Vojo VrchakovskiFebruary 15, 2021

H-1B and E-3 Visa Immigration

H-1B Registration 2021: Question and Answers

Vojo VrchakovskiFebruary 15, 2021

H-1B and E-3 Visa Immigration

Does the H-1B worker have to be a W-2 employee?

Vojo VrchakovskiFebruary 15, 2021

Immigration L-1 Visa

What is the process to apply for an L-1 visa?

The L-1A visa can be used by companies abroad to transfer managers or executives to the U.S. to work at an established U.S. company or branch office or to form a new office. The U.S. company or branch office must…

Vojo VrchakovskiFebruary 12, 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

H-1B and E-3 Visa

H-1B visa: Questions and Answers

Jenny ZhanFebruary 8, 2021

Immigration TN Visa

Do I need an evaluation of my foreign educational credentials for TN Visas?

In short, TN applicants who received a degree from an educational institution not located in Canada, Mexico, or the United States must provide an evaluation of their foreign educational credentials. Background The TN – or “Trade National” – visa was…

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

H-1B and E-3 Visa

What is the difference between H-1B Change of Status and H-1B Consular Processing? Should I file for a Change of status or Consular Processing?

Jenny ZhanJanuary 28, 2021

Approvals

H-1B Change of Status Petition approved by USCIS

We just had an H-1B Approval with U.S. Citizenship & Immigration Services. The H-1B petition was originally filed as Consular Processing and due to Covid-19 pandemic & Presidential proclamation 10052, the H-1B applicant has been unable to obtain an H-1B…

Jenny ZhanJanuary 27, 2021

H-1B and E-3 Visa Immigration

H-1B employee’s place of employment is about to change. Does a new LCA & amended H-1B petition have to be filed with USCIS?

It is not unusual that during the validity period of Labor Condition Application (LCA) (which can be issued for up to 3 years), the H-1B employee’s place of employment changes. In 2015, the Administrative Appeals Office issued a very important…

Jenny ZhanJanuary 26, 2021

Immigration

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

H-1B and E-3 Visa Immigration

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

work | Scott Legal, P.C.

Venezuela Designated for Temporary Protected Status

H-1B registration: Do I have to set up an account on MyUSCIS?

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

Bypassing the Labor Certification Application for Individuals of Exceptional Ability in the Sciences or Arts, Including College and University Teachers

Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies?

Do I need a license for the H-1B visa if my occupation requires a license?

Timeline for the Upcoming FY 2022 H-1B Cap Season

Can I bring my family to the U.S. on my L-1 visa? What is L-2 visa?

What is an “institution of higher education” for the purposes of H-1B Master’s Cap?

What is the H-1B lottery? Is the lottery based on the wage? What’s my chance to be selected in the lottery if I have a U.S. Master’s degree?

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?

Can I work part-time on H-1B status? Can I work for 2 employers on an H-1B status? Can I get paid based on an hourly rate on H-1B status?

H-1B Registration 2021: Question and Answers

Does the H-1B worker have to be a W-2 employee?

What is the process to apply for an L-1 visa?

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

H-1B visa: Questions and Answers

Do I need an evaluation of my foreign educational credentials for TN Visas?

FY H-1B Cap Registration Starts March 9!

What is the difference between H-1B Change of Status and H-1B Consular Processing? Should I file for a Change of status or Consular Processing?

H-1B Change of Status Petition approved by USCIS

H-1B employee’s place of employment is about to change. Does a new LCA & amended H-1B petition have to be filed with USCIS?

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

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