We just had a EB2 National Interest Waiver (NIW) I-140 petition approved from USCIS Texas Service Center in three weeks after it was filed with premium processing.
Read More
The PERM process can take many years and changes to the job during that time can impact the process and may require that the employer start a new PERM.
Read More
We just had an I-751 Petition approved by USCIS without an interview.
Read More
We just had an I-751 Petition approved by USCIS without an interview. The foreign national received her I-751 Conditional green card in 2019. USCIS removed the conditions on her green…
Read More
A corporation has treaty country nationality if at least 50% of its ownership interests are held by nationals of treaty countries. If the company is owned by another company, the…
Read More
The L1 visa can be a great option where there are two affiliated entities doing business, one in a foreign country and one in the United States, and an executive,…
Read More
We just had an I-140 Petition approved by USCIS for a Multinational Executive.
Read More
E-2 applicants must provide sufficient documentation specifying the source of funds used in the investment, which may include extensive tax returns, bank statements, receipts, and transactional agreements.
Read More
If you are applying for an E-2 visa and your company has been operating for several years there are a few different ways to structure the proof of investment.
Read More
This post summarizes the updates to NIW policy in 2022-2023 and introduces some trends in how the NIW criteria are interpreted.
Read More
You certainly can! Clients sometimes come to us and relay advice they heard from other attorneys that having a Google Scholar profile and a citation count is “mandatory” to qualify…
Read More
Federal courts do not have jurisdiction to review USCIS’s denial of a National Interest Waiver per Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019), but they can review EB1A…
Read More
Scott Legal just received an E-2 visa approval at the U.S. Consulate in Toronto, Canada. The E-2 Company is based in Florida, managing a health and wellness center.
Read More
Due to an increase in demand, the State Department announced retrogression and final action cutoff dates for certain EB-1, EB,2, EB-3, and EB-5 applicants.
Read More
While NIW applicants can provide more detailed explanation and evidence of their proposed endeavor after receiving an RFE, they cannot materially change their endeavor to something inconsistent to what they…
Read More
Scott Legal, P.C. just had an EB-5 I-829 approval. The I-829 is a petition that is filed after an EB-5 applicant has their conditional green card.
Read More
Yes, the CSPA “freezes” a child dependent’s age during the time the underlying I-526 EB5 petition is pending, but not while the applicant waits for the priority date becomes current.
Read More
In most successful petitions, the proposed endeavor is specific, focused, credible, and supported by objective evidence. At the same time, the project’s impact should be broad enough to make improvements…
Read More
The E-2 and L-1 visas can each be great visa options for Canadian citizens. One big benefit of the L-1 is that Canadians can apply for this visa directly at…
Read More
USCIS’s posted processing times should not discourage I-829 applicants from suing the government for unreasonable delays.
Read More
If a prior employer will not provide a detailed letter of experience to a PERM applicant, the applicant must look for alternate proof.
Read More
A 3-year bachelors degree may not be found equivalent to a US bachelors degree, which may affect the outcome of an EB-2 NIW case.
Read More
There is no residency requirement for the E2 visa and you don’t have to spend majority of your time in the US to keep the visa.
Read More
We just had a conditional marriage based green card approved by USCIS without an interview.
Read More
Although publishing papers and patents can help an NIW petition, applicants can be approved without papers or patents if they can show a significant degree of influence and impact in…
Read More