[HN Gopher] I'm Peter Roberts, immigration attorney who does wor...
___________________________________________________________________
I'm Peter Roberts, immigration attorney who does work for YC and
startups. AMA
Hello HN! It's been about 9 months since we've done one of these
and it seems like time for another. Previous threads we've done:
https://news.ycombinator.com/submitted?id=proberts. I'll be here
for the next 2-3 hours and then after a break of about 1 hour for
another 2-3 hours. As usual, there are many possible topics and
I'll be guided by whatever you're concerned with. Please remember
that I can't provide legal advice on specific cases for obvious
liability reasons because I won't have access to all the facts.
Please stick to a factual discussion in your questions and comments
and I'll try to do the same in my answers!
Author : proberts
Score : 229 points
Date : 2023-07-28 15:43 UTC (7 hours ago)
| brianbreslin wrote:
| How can startups more effectively use the OPT program? (I work at
| a university) I see a lot of graduating international students
| who would love to stay in the US post graduation and work at
| startups but navigating that seems difficult for startups.
| morpheuskafka wrote:
| Isn't OPT quite simple for the employer compared to H1-B, etc.?
|
| For the basic OPT, you don't really do any paperwork--the
| school and student do some paperwork and obtain an EAD that you
| use for the I-9 form.
|
| For the STEM OPT extension, you have to be participating in
| E-Verify (required in many states anyway), and fill out a
| training plan for the two years:
| https://www.ice.gov/doclib/sevis/pdf/i983.pdf
|
| I think the bigger issue is continuity--employers that plan to
| convert these to other visa types for continue employment will
| need to be planning for that from the beginning to avoid
| interruptions.
| proberts wrote:
| All correct. It's easy to employ those in F-1 OPT and STEM
| OPT status. And the size or newness of the company has no
| bearing on the company's ability to employ those in F-1 OPT
| and STEM OPT status. The main additional requirement is
| e-verify for companies wanting to employ those is F-1 STEM
| OPT status. But this isn't a burdensome requirement at all.
| photonbeam wrote:
| Given recent industry layoffs, is there less demand for H1B
| visas? Ie, is it a better time for applicants to get one through?
| proberts wrote:
| The H-1B lottery this year was riddled with fraud - so much so
| that USCIS will be conducting a second lottery soon - but it
| appears that there was no reduction in the numbers despite
| layoffs in certain industries.
| still-old wrote:
| Doesn't this essentially prove that these are mostly not high
| skill positions that can't be filled but are actually just a
| way to get high skill labor at below market rates?
| not-my-account wrote:
| Where is there opportunity for fraud in the H-1B system? Fake
| / Shell companies sponsoring workers?
| legolas2412 wrote:
| Calling it fraud is stupid. They deliberately reduced the
| work that is required, allowing people to file applications
| easily and cheaply. They deliberately allow people to file
| multiple applications, that I have not seen a single
| legitimate employee file. This is all deliberate, not a
| loophole or fraud.
|
| Also, it is stupid to call H1B a high-skilled visa when you
| hand it out via lotteries. I wonder if people consider
| winning powerball as a skill?
|
| But to answer your question, many people filed 10-20
| applications each through fake companies to get H1B. The
| H1b acceptance rate was down to 13% and more than half the
| applications were filed by people with multiple
| applications.
| vecter wrote:
| Is submitting multiple applications illegal? I'd have to
| imagine that you would get caught for doing this once
| they see the same person in the system, especially if
| they approve the same person multiple times.
| legolas2412 wrote:
| No, not illegal at all.
| proberts wrote:
| That's it and the reason a second lottery is being run.
| beecafe wrote:
| [dead]
| winter_blue wrote:
| What do you think are the odds of any sort of _legal[1][2]_
| immigration reform passing Congress in the near future?
|
| [1] Whether that's raising the EB cap (or exempting one from the
| EB limit & allowing AOS after 2 years of waiting).
|
| [2] Delegating legal immigration control partially to the states
| (e.g. states being able to issue EB IVs or work NIVs beyond
| federal caps), since something like that might be more palatable
| to some parts of the Republican party, although I'm not sure if
| it'll be enough to overcome the general xenophobia of the GOP.
| proberts wrote:
| Unfortunately, I don't see any significant changes and I only
| say that because fundamental change in U.S. immigration law,
| even in the best of political times, is rare.
| bubblethink wrote:
| 1. There will be no increase in caps. AOS relief from Congress
| is also not likely. The executive can take some minor steps in
| making AOS a bit better depending on interest, but still
| unlikely.
|
| 2. Not happening. Nothing is getting through Congress anyway.
| causi wrote:
| _since something that might be more palatable to some parts of
| the Republican party,_
|
| Quite unlikely. The line would be "California will just let
| everybody in and send 'em to our state!"
| winter_blue wrote:
| I suppose Congress could create a concept of state-level
| permanent residence, but even then, if those permanent
| residents are allowed to become U.S. citizens, then they
| would be able to freely move to a red state, which the GOP
| again might find unpalatable. One finer point on this is that
| if state immigration policies are structured around a skills-
| based points-ranking, the prospective immigrants would all
| likely be high-income earners, who are fluent in English.
| It's an open question if such immigrants (especially, the
| ones who are not white) would still get treated like an
| unwanted anathema by GOP-led states.
| mcqueenjordan wrote:
| Any advice for an US citizen expat who wants to found while
| living abroad? (Tokyo, Japan)
|
| e.g. About whether to incorporate locally or in the U.S., and
| that sort of thing -- anything unique to an expat situation.
|
| (This may be out of your wheelhouse, but I figured I'd ask.)
| proberts wrote:
| Very interesting but out of my wheelhouse.
| pasoevi wrote:
| Are there cases where someone without any university degree has
| been able to obtain H1B visa? E.g. by having years of experience
| but no degree.
| PointyDog wrote:
| This was my path, so it's possible. I dropped out after year
| two of my degree to join a startup and worked for 10 years in
| industry.
|
| I converted 8 years of that experience to 2 years of a
| bachelor's degree to make the full 4 required, and had a
| University professor provide a letter of endorsement.
|
| I was applying from Europe, and even then it was apparently a
| fairly expensive process for my sponsor.
| proberts wrote:
| Absolutely correct. The requirement is a four-year U.S.
| bachelor's degree or it's equivalent which can be a foreign
| degree or a combination of education and experience (or even
| just experience) evaluated to be the equivalent of a U.S.
| bachelor's degree. The rule of thumb is that 3 years of
| professional experience is the equivalent of 1 year of
| college education.
| gottorf wrote:
| > The rule of thumb is that 3 years of professional
| experience is the equivalent of 1 year of college
| education.
|
| I know you don't make the rules, but on the surface it
| would seem that these numbers are switched around ;-)
| proberts wrote:
| You're probably right!
| pasoevi wrote:
| Thanks for the clear answer! is proving the years of
| experience usually difficult? e.g. references from 12 years
| ago can be hard to get (although I have those 11 years ago
| myself).
| proberts wrote:
| Not at all. Detailed prior employment letters are enough.
| dukeyukey wrote:
| I'm a UK-based software engineer with 6 years experience in a few
| domains e.g. telecoms, fintech, legaltech - could I realistically
| get a National Interest Waiver for an EB-2 visa? I don't have any
| citations or academic profile beyond a undergrad degree, and that
| seems to be the focus.
| proberts wrote:
| Yes but it's also going to be depend on what your employer does
| and your role within the company.
| areyousure wrote:
| Have you (or anyone else) seen any issues with Russian citizens
| (including those not even located in Russia) having issues
| obtaining visas to the United States (or other countries)?
| proberts wrote:
| Yes, I've seen delays, even significant one, although - unless
| there's some controlled technology at issue - I've also seen
| the visas issued eventually.
| aabiji wrote:
| Hey Peter, I'm currently in high school in Canada and I know that
| I want to live my life in the US. Ideally I would also like to
| school in a US university. I also don't have any familial ties in
| the US. As an immigration attorney, could you map out how I could
| immigrate to the US, in terms of the visa I need and the process
| of acquiring a green card? Thank you for your time.
| proberts wrote:
| Hey. Probably the best way is to go to university in the U.S.
| on an F-1 visa. The challenge is the strict limitations on
| working when attending school but after you graduate, you will
| get 1-3 years of largely unrestricted work authorization and
| the TN as a work option as well. Or go to university in Canada
| and then when you graduate, work in the U.S. on a TN.
| next_xibalba wrote:
| What are you seeing in terms of impact of the Canadian Open Work
| Permit for U.S. H-1B Visa Holders? Has there been a large volume
| of talent moving to Canada from U.S. tech centers?
|
| Edit: It looks like the 10,000 person cap was already hit [1]. Do
| you think there is a huge demand beyond the 10k cap?
|
| [1] https://www.canadavisa.com/h1bowp.html
| Waterluvian wrote:
| Might need to ask a Canadian immigration attorney. I've reached
| out to a few in the family and will report back if they have
| anything to say.
|
| Edit: sorry. Got the "not that kind of lawyer" response. They
| do refugees.
| proberts wrote:
| That's right. I can't help here. But if you need a referral
| to some, let me know.
| tamimio wrote:
| The might did it out of desperation, but soon they will realize
| it was mostly a mistake due to low wages, high prices of goods
| and taxes, very limited opportunities and funding for small
| businesses, limited market, and obviously the harsh weather is
| the cherry on top.
| websap wrote:
| I know many of my friends who used to work at Meta, Google,
| Amazon, etc. who have applied for this visa, or Canadian PR
| to move away from the US. People prefer having the emotional
| safety of not having to uproot their lives when they lose
| their job, over a few more bucks.
|
| People at senior levels in big tech are now earning 400k CAD.
| That should afford a nice life.
| praveen9920 wrote:
| What in your opinion is required in terms of policy changes for
| mobility of talent?
| EGreg wrote:
| If someone comes to the US on a tourist visa for 6 months, but
| then sends documentation to extend their stay based on another
| status, can they stay while it's being evaluated, even if it
| takes more than 6 months? If it is rejected, how soon afterwards
| would they have to leave, and will their stay be held against
| them?
| Zetice wrote:
| Are there courses in law school that prepare you well for this
| specific kind of law work, or did you learn most of what you do
| through working with folks who had the necessary expertise that
| could then be passed along through training?
| proberts wrote:
| The latter. It's really an apprenticeship process but that's
| really how it is for most areas of law. Law school really
| teaches one how to think critically and to write.
| proberts wrote:
| Great questions and comments! Thank you. I'm going to take a
| break and return in 1-2 hours.
| sergiotapia wrote:
| I dread seeing your threads as it flags a significant amount of
| time has passed. (This is the fourth one I've seen) Tangible
| passage of time! Thanks for doing these btw.
| proberts wrote:
| Very funny. Life is fast.
| hdjsnxbsbsh wrote:
| [dead]
| ishan_dikshit wrote:
| Hey Peter, I want to learn more about the H1B program, why it is
| broken, and the bottlenecks and incentives for fixing it. Is
| there a resource you recommend? Something to ramp up on this
| corner of immigration policy?
|
| Thanks for doing this! Apologies for the generic question
| bobolino123 wrote:
| What are the reasons to bring people to san fransisco in the
| first place and deal with immigration problems? Why can't
| startups just use a payroll provider like deel and have a semi-
| global team?
| SXX wrote:
| At least founders team often can't be semi-global. A lot of VCs
| simply wouldn't bother working with you if some people on your
| board are not from US and it's even worse if someone live in
| some developing country. For them it's too much risk.
| Kalpeshbhalekar wrote:
| I think there are legal limitations like IP and compliance for
| some industries that make it tricky.
| proberts wrote:
| That's right. But many U.S. companies in fact do use Deel and
| similar platforms to employ contractors living abroad.
| [deleted]
| mirkodrummer wrote:
| Any option to apply to something like L-1 after doing remote work
| for years from the EU for a US company? I'm not an employee, just
| a freelance and the company doesn't have a subsidiary here
| proberts wrote:
| Unfortunately, no; to qualify for an L-1, your one year of
| employment abroad must be as an employee.
| golergka wrote:
| What level of public contributions are required for a software
| engineer to get a dual intent talent visa to US? And what kind of
| agencies can help with this?
| EGreg wrote:
| What are the requirements for an ordinary worker, who isn't
| necessarily "amazing", to get a work visa sponsored in the USA?
| The employer has to conduct a bona fide search locally and show
| that they were unable to find a local worker to do the job as
| well as the remote worker? What if the remote worker was already
| working remotely, and knows a lot of the codebase etc. ?
|
| Would something like this visa be most appropriate:
| https://www.uscis.gov/working-in-the-united-states/permanent...
| tapsboy wrote:
| Can we sue the USCIS for not making an interview slot available
| for a family based greencard application and then rejecting the
| application because we didn't attend the interview before the
| time limit?
| karaterobot wrote:
| If you could change one thing about immigration law in the U.S.,
| what would it be?
| floor_ wrote:
| What is your opinion of software patents?
| subtech wrote:
| If an international student is on a stem opt extension (24
| months) that just started, and does YC, is it possible for them
| to get a green card before the stem opt expires?
| proberts wrote:
| As a general rule, an F-1 student on OPT can apply for a green
| card. There are backlogs in all green card categories right now
| and this is really what determines the length of the process.
| So, assuming the backlogs don't change in any significant way,
| those in the highest category (EB1) from countries other than
| India or China could get their green card within 2 years but
| those in a lower category (EB2 or EB3) or from India or China
| should expect the process to take longer than 2 years.
| kashfi wrote:
| Any insights for DACA? Besides the continual renewal cycles, are
| there any new opportunities or options? Many thanks for your
| time.
| jxf wrote:
| I'm a US citizen, but just wanted to say thank you for your work
| in helping others immigrate to the US. Our system is both complex
| and complicated, and the legal and administrative staff who help
| immigrants and prospective immigrants navigate it are doing
| difficult but necessary work.
| proberts wrote:
| Thanks. It's nice work since we get to work with so many
| talented and interesting people.
| lelima wrote:
| Hello Peter, I'm Italian and my wife it's American, we're living
| in Ireland,
|
| What do I need to do for having a work permit in the US? and can
| the process be in Ireland?
|
| we would like to move once I get a job (the job ask if I can
| legally work there)
| proberts wrote:
| Yes, you could obtain a marriage-based green card but because
| you are outside the U.S., you would need to go through the U.S.
| Embassy in Dublin and this process can take a year or longer.
| While waiting, you wouldn't receive a work permit. That benefit
| is only available if you apply while you are in the U.S. with
| USCIS.
| talloaktrees wrote:
| not a lawyer, but since your spouse is american you should be
| able to apply for a green card and have permanent residency and
| work rights
| ogsalman wrote:
| I want to raise money from private investors (Angels only) no
| VCs. What is the easiest way to do that? I have a
| following/audience that I want to raise money from. Can I do this
| all through SAFEs? Can you please give me what's the best way to
| go on about this?
| proberts wrote:
| Unfortunately, that's outside my area unless you are asking
| whether a foreign national can raise money for his or her
| startup.
| xylo wrote:
| I'm currently on H1B. I'm getting married soon to the US citizen
| so I'm planning to apply for marriage based green card. Are there
| any downsides to apply for EAD(I-765) and Advance parole(I-131)
| along with I485?
| proberts wrote:
| None. You don't have to use them even you get them.
| numair wrote:
| What's the easiest way for a startup to poach H1B workers from
| competitors and large, established companies? Is it even
| possible, or are they trapped at their sponsoring company? If
| there is a process or workflow for accomplishing this in a
| repeatable/scalable manner, I'd be keen to know!
| proberts wrote:
| The H-1B transfer process is easy for qualified workers even if
| the sponsoring company is a startup. So the blocker really
| isn't the H-1B transfer process. Sometimes employees are in the
| midst of the green card process and feel trapped until they
| have a green card or are far enough along in the process such
| that they can port their green card application to a new
| company. One advantage that smaller companies have is that they
| often are much more willing to sponsor employees for O-1 visas
| as well as NIW- and EB1A-based green cards and that the
| relative impact of employees at a smaller company is much
| greater than at a large company and this can help with NIW- and
| EB1A-based green card applications.
| dogzilla wrote:
| How can the government prove a person is undocumented, if they do
| not answer questions (and of course they have no ID to present)?
| somerando7 wrote:
| What would be the advice for Canadians who want to start a
| company, but are unable to do so because they are on a TN/H1B?
|
| As I see it my only options are:
|
| a) Move back to Canada, start company there. Does this impede
| getting VC funding? Can I somehow move back to the US if my
| company becomes successful?
|
| b) Wait until I get a greencard.
|
| Further question:
|
| c) Is it better to go TN->PERM or TN->H1B->PERM, what are the
| drawbacks of the first option?
| ShivTheShiv wrote:
| Get some tax advice!!! If you own more than 10% of a foreign
| company your US taxes become very, very complicated. I
| relinquished my green card after my first tax filing. If you
| want to be in the US, found your company in the US.
| proberts wrote:
| Good advice. Always get tax and corporate advice. There's no
| legal issue with going from a TN to a green card but because
| of the current green card backlogs - because the green card
| process takes so long - you could be in the difficult
| position of needing to renew your TN or travel
| internationally during the process and you wouldn't be able
| to. So an intervening H-1B is helpful, just not required.
| somerando7 wrote:
| I'm confused. I thought on a TN or H1B I'm not even allowed
| to start a company in the US.
| adamredwoods wrote:
| How do the immigration efforts change between US political regime
| changes? Is it easier or more challenging, or does it stay the
| same?
| proberts wrote:
| Significant changes. While immigration laws rarely change, the
| way they are interpreted and applied can change significantly
| from administration to administration. We saw that when Trump
| became President and again when Biden became President.
| HDMI_Cable wrote:
| What changes specifically? I'm lucky in that I am American,
| and honestly have never had to deal with immigration, so know
| nothing about it. Do immigration procedures become
| harder/easier to navigate? Are quotas (if there are quotas)
| reduced?
| [deleted]
| returningfory2 wrote:
| I'll give you some concrete examples:
|
| - During the Trump administration, the number of RFEs
| (request for evidence, often step 1 of denying a petition)
| for H-1B petitions increased significantly. I'm reading
| that 40% of H1Bs were RFEd in fiscal year 2019 under Trump,
| versus 16% under Biden in 2021 [1]. I was personally
| affected by this: both of my H-1B petitions were RFE'd
| under Trump (I have a math PhD from a top 20 American
| university and am working in software). These RFEs are
| incredibly stressful, time consuming and costly for
| companies.
|
| - During the Trump administration, USCIS started requiring
| almost all employment-based green card applicants to attend
| an interview. This significantly slows down the green card
| application process because USCIS is bottlenecked on
| officers to perform interviews. Biden reverted this change.
|
| - During FY2022, due to the dynamics of US immigration law,
| nearly double the number of employment-based green cards
| were available than usual (265k versus 140k normally).
| Under Biden USCIS basically had a task force actively
| dedicated to ensuring all of these green cards were used
| [2]. I think we can pretty sure that under Trump, USCIS
| would have had a business-as-usual attitude, not deployed
| any special measures, and would only have issued around the
| regular quota of visas.
|
| [1] https://resources.envoyglobal.com/global-immigration-
| compass.... [2] https://www.uscis.gov/archive/fiscal-
| year-2022-employment-ba...
| proberts wrote:
| Another very concrete example, during the Trump
| administration, USCIS revoked it's long standing policy
| of giving deference to previously approved H-1B petitions
| when adjudicating extension petitions with the same
| employer. This was a significant reason for the above-
| referenced explosion in RFEs. Soon after Biden took
| office, USCIS reinstated the policy and RFEs dropped
| significantly.
| kingstoned wrote:
| How would a new bootstrapped startup founder maximize his or her
| chances of being approved for an O-1 visa? Would it be better to
| focus on the E-2 visa instead, where the criterion is mostly
| money invested?
| proberts wrote:
| The E-2 is a more check the box kind of visa while the O-1 is a
| good bit more subjective and really just tougher to get. The
| issue with the E-2 for new companies is that a substantial
| portion of the investment (a typic minimum investment is at
| least $100k) must be spent before the E-2 applicant/investor
| can apply for the E-2.
| clemensley wrote:
| How long can a green card holder stay outside of the US without
| loosing the green card? What roles do forms I-131 and N-470 play?
| Many thanks!
| proberts wrote:
| If the GC holder obtains a reentry permit, then 2 years at a
| stretch and generally up to 5 total without issue.
| Caligula wrote:
| I have a GC and left a few months ago to Canada. Is it too
| late to get a reentry permit? I don't know if I want to
| return but having the option for 5 years would be nice.
|
| ty!
| clemensley wrote:
| Is a reentry permit a document that can be obtained by filing
| the I-131 form, or how can one obtain such a permit?
|
| Could you spell out what "2 years at a stretch and generally
| up to 5 total without issue" means for non-native speakers?
| astromeson wrote:
| I am very interested in developing a tech career in the US. I
| have roughly 5 years of industrial experience and my bachelor
| degree is in physics.
|
| I am currently working as a software engineer in the UK (I'm from
| Hong Kong) for the past 2 years and am actively considering the
| following:
|
| 1. Getting a Masters degree in US then work in US with STEM OPT
| and apply for Green Card through employer; or
|
| 2. Moving to Canada, become a citizen in 3.5 - 4 years then apply
| for TN status and work in US, then try to find a good timing for
| Green Card application
|
| If my intent is to settle in the US, which route would you
| recommend me to go through?
|
| Thank you so much for your time!
| Maciek416 wrote:
| I am not an immigration lawyer. Something you should be aware
| of is that when applying for a green card, your status as a
| Canadian (whether permanent resident or citizen) or as a Brit
| (ditto) is completely irrelevant. The green card process sees
| your application solely through the lens of your birth country.
| The GC backlog for Chinese-born people is very lengthy. So
| lengthy that it tests the longevity of a visa or a set of visas
| -- it's not a marathon you want to still be running 15 to 20
| years from now.
|
| For that reason, if your goal is ultimately the US, focus on
| the US, because you will otherwise be adding _many_ years to
| the process.
|
| One very notable asterisk to the above: If, while applying for
| a GC, your spouse is from a no-backlog country (born in Canada,
| UK, or other no-backlog countries), then your application can
| essentially adopt that country as the birth country, and you
| can get through the GC process in a relatively short time (all
| other things equal).
|
| From your perspective "good timing for a green card
| application" is ASA-F'ing-P.
| asdadsdad wrote:
| (short time is 2 years for no-backlog)
| what_ever wrote:
| Is Hong Kong (where GP is from) treated separately from the
| mainland China for GC country of birth purpose?
| duncangh wrote:
| What is the best source of government data on the H1B program
| (e.g total visas per year, count by industry / job function,
| nationality of recipient counts)? Also, do you know of any
| original sources / documents which discuss the future of the
| program and how it will be assessed whether there is enough
| talent domestically in a given field of work. Thanks
| mixtieboo wrote:
| [dead]
| longtree wrote:
| HI! I am a US citizen living abroad and want to apply for US
| citizenship for my 1 year old son through the grandfather clause.
| I understand that after filling the N-600K we will need to go for
| an interview in the US. We will need to apply for a visa for my
| son and my wife will come too. She is not a citizen and requires
| a visa too.
|
| 1. The grandfather does not have to come to the interview,
| correct?
|
| 2. We want to come for a visit for a few months to half a year
| (also for the interview), with the option of emigrating either
| this trip or in the future.
|
| What type of visas should we apply for? If it's for a short to
| medium trip or for eventual emigration.
|
| I understood that if my wife enters with a tourist visa and we
| then apply from within the US to emigrate it is frowned upon and
| can be denied.
|
| Is this something we would definitely need a lawyer for? What
| would the costs be?
| proberts wrote:
| Very interesting but very case-specific questions which are
| hard to answer in writing unfortunately.
| crtechmbd wrote:
| In your experience, what does the success rate looks like for
| incorporating a company with all H1B founders and with 1 US
| citizen& 1+ H1B founders? Thanks
| proberts wrote:
| Very high in fact if handled right.
| rootsudo wrote:
| Let's say I have a business/startup idea, funding is "fine" but I
| wish to just use Filipino nurses due to shortages - (or other
| skilled labor from the Philippines) -
|
| Would it have to be solely through H1B? I've seen/witnessed that
| for certain types of jobs, e.g. teachers - alot of these barriers
| are moved.
|
| What sort of obligations would a company have to first show that
| they tried but couldn't hire local people, or failed to relocate
| people to come?
|
| Would this just be standard H1B process? There is no exact case
| here/situation, I'm just curious because - the nursing license is
| transferrable from the Philippines to many USA states (if not
| all?) and the Philippines is a country which is known to "export"
| it's people, mostly as "OFW" throughout East Asia and Middle East
| and as of late Canada.
|
| I'm curious how this mechanism works - because it seems to be a
| win/win.
| proberts wrote:
| Because you mentioned nursing, I'll respond to that. The issue
| with nursing positions is that they often are not considered
| H-1B positions. This is why years ago there was a special visa
| (the H-1C) for nurses to deal with the shortage. Other than the
| H-1B, there really are no options for nurses.
| alejo1000 wrote:
| Do you have any software you use for your practice that you would
| recommend other attorneys?
| proberts wrote:
| My sense is that the off-the-shelf software is largely the
| same. I would raise this question on AILA.
| s_dev wrote:
| Dual Irish/US Passport holder here -- if I wish to emigrate to
| the US do I have to do anything other than buy a plane ticket?
| [deleted]
| dudul wrote:
| I don't think the US recognizes "dual citizenship" - as in they
| dont care, not they force you to give up a citizenship.
|
| Once you have a US passport you are a US citizen, end of story.
| Doesn't matter which other passports you hold. You can't be
| denied entry into the US.
| proberts wrote:
| No. From the U.S. Government's perspective, there's no issue
| holding other citizenships. But when you travel to the U.S.,
| you are supposed to present your U.S. passport not your foreign
| passport.
| throwaway85858 wrote:
| Get up to date with your taxes.
| WirelessGigabit wrote:
| They cannot deny access to US citizens, which you are.
|
| But... I hope you have been filing yearly taxes in the US...
| hsjqllzlfkf wrote:
| Hi Peter thanks for this.
|
| European, PhD, what's the fastest way available for me to get a
| green card?
|
| I've heard of the investor visa, but I can't invest 1mil, or hire
| 10 people.
|
| I've also heard of the H1B, but from what I understand that means
| years of uncertainty.
|
| I've held a L1B, not sure if that matters.
| proberts wrote:
| Either the NIW (national interest waiver) or EB1A
| (extraordinary ability) path. Are you in the U.S. already?
| hsjqllzlfkf wrote:
| I'm not at the moment. I spent 1 year there. I can go back;
| would being physically in the USA improve my chances with
| either of those visas?
|
| Edit. I thought I'd clarify: I've held an L1B and I still do.
| I'm not in the US now but I can be.
| iamcreasy wrote:
| It maybe a tangential question - but can a company chose to
| sponsor EB2 visa directly and skip H1B? If the decision is up to
| the company what decision usually factor in deciding which visa
| to sponsor?
| pizzalife wrote:
| Hi Peter, just wanted to say thank you for navigating my
| complicated I-485 case and helping me get my green card!
| proberts wrote:
| That's very nice of you to say. Thanks.
| dustedrob wrote:
| What's the usual cost for a company to change someone's status
| from a TN visa to an EB3/EB2 greencard? How long does it usually
| take?
| proberts wrote:
| There are multiple different EB2 and EB3 green card options so
| the costs and timelines can vary significantly. The timeline
| also can be impacted by country of birth. Very broadly, the
| total cost ranges from $10,000 to $25,000 and the timeline
| ranges from 1 year (EB1 from a country other than India or
| China) to 15 years (non-EB1s from India). For those not from
| India or China in the EB2 or EB3 category, the current
| processing is about 2-3 years.
| AlexanderTheGr8 wrote:
| Hi
|
| I am a ML researcher (with a couple papers) in Canada (intl
| student from India), in senior year of undergrad. What are my
| chances of O-1? It's supposed to be for extraordinary people
| which, by definition, can be a very high bar to clear.
|
| So I was wondering if there is any point working towards it or
| just go with L1B or something?
|
| Any information would be appreciated. Thanks
| prashp wrote:
| Having a couple of ML papers on its own is not sufficient, as
| per the eligibility criteria (https://www.uscis.gov/policy-
| manual/volume-2-part-m-chapter-...)
| alsodumb wrote:
| Hi! Thanks for doing this! I am a PhD student planning to apply
| for EB-1 soon (that's the only path that could work for me due to
| my nationality).
|
| I am trying to understand what it takes for a successful EB-1
| application and have a few questions:
|
| 1. From what I've seen, the application packet I will send would
| be hundreds of pages (with all the expected evidence). I am
| assuming the officer reviewing my application wouldn't have the
| time and expertise to go through all of it. What exactly would
| they be looking for? (in your experience) Is it the executive
| summary? What matters the most?
|
| 2. After the AI and LLM age, citations counts are all over the
| place. It's fairly common to have hundreds of citations as a grad
| student these days. However, if you are working in a niche area,
| how would you prove that your relatively low citation count is
| okay in your area?
|
| 3. F-1 visa is non-immigrant visa. However, I've seen many PhD
| students apply for EB-1 and successfully get it as a F-1 student.
| How exactly does that work? Would a pending/succesful EB-1 visa
| mean I'd never get OPT? (assuming I am waiting for my priority
| date).
|
| Thanks for your time!
| letitgo12345 wrote:
| You should look into securing your priority date via EB2-NIW
| and applying through EB1-B -- that's far easier to get approval
| for than EB1-A.
| proberts wrote:
| Good advice. Regarding the EB1A, it's so fact-specific
| requiring a careful review of the facts that it's hard to
| respond. All I can say without knowing more is that the
| standard while high is almost always within reach of those
| with PhDs.
| bubblethink wrote:
| Not a lawyer. General advice assuming you are from India/China.
|
| First, don't procrastinate. There is a non linear relationship
| between real time and USCIS time. It's something like 1:5 or
| more. So 1 month of procrastination is delaying your green card
| by 5 months. If you don't think you can do an EB1 right away,
| do an EB2-NIW to lock the priority date, assuming you don't
| have a priority date already.
|
| 1. The bar is sustained international acclaim and being at the
| top of the field. If you fit the standard researcher profile,
| papers, awards, citations, patents, salary and other
| quantifiable metrics would be a good place to anchor your
| application.
|
| 2. Supplement it with reference letters and show impact in
| other ways. It's all subjective. Look at other templates or get
| a lawyer.
|
| 3. There shouldn't be any interaction between the two, but not
| a lawyer. Check with one, especially if you plan to travel.
|
| Look at AAO decisions to get a sense of what gets rejected.
| dev_throw wrote:
| Thanks for the AMA, Peter! What are the options for a TN visa
| (Canadian) holder if they become permanently disabled (cancer
| treatment) and are unable to work at all? Are they able to renew
| their TN visa assuming the employer is okay with that?
| proberts wrote:
| Yes. An employee can maintain nonimmigrant status while on a
| leave of absence for health or personal reasons.
| BeenChilling wrote:
| As a UK national and fresh CS master's graduate from a top
| university, what are the best ways to immigrate to the US from
| the UK asap?
|
| Starting as a grad SWE at a chip company in September. Current
| plan is to try get hired in a big tech or HFT/Quant after 1 year,
| and build most desired skills to help chances of sponsorship in
| future.
|
| Thank you, advice appreciated from anyone.
| returningfory2 wrote:
| For up to one year after you graduate you're eligible to get a
| one year J-1 visa to work in the US [1]. However it will be
| quite tricky to find another way to get work-authorized when
| the J-1 is over. So I don't really see this as a viable way to
| start living in the US long term.
|
| Probably the fastest and simplest way is to get hired by a big
| tech or US-based HFT company in the UK, and transfer over on an
| L-1 visa after working there for over a year. In 2021 getting
| an international transfer to the US with a FAANG was super
| easy, but it may be trickier now with the layoffs and hiring
| freezes. Big tech is historically very good at green card
| sponsorship; HFTs less so in my anecdotal experience.
|
| [1] https://www.istplus.com/internshipusa/
| proberts wrote:
| Good advice. The L-1 is oftentimes the best - and only -
| option to work in the U.S. and it's still easy for qualified
| applicants.
| sovietmudkipz wrote:
| Tangentially related Q: in the USA there are "illegal" immigrants
| who have moved into the country. I worry about human rights
| abuses against these people. What are the methods available for
| these people to become citizens if they so wish?
| howinteresting wrote:
| Marrying a US citizen is the only practical way forward for
| most people. And on top of that, it is only available to people
| who entered legally initially (which is around 50% of
| unauthorized immigrants if I remember correctly). It is deeply
| tragic.
| morpheuskafka wrote:
| There is not currently any specific "pathway to citizenship"
| designed for people who are currently in the country illegally.
| They would have to qualify for a green card on the same basis
| as anyone else, then apply for citizenship after that.
|
| However, they often are not eligible to do so because of their
| illegal prescence. If one has been in the US illegally, as an
| adult, for more than 180 days, they have a three-year ban.
| After one year it becomes a 10-year ban. This applies to both
| visiting and immigration. They have to return home (or another
| country) to serve the ban before getting a visa to return.
|
| One notable exception to this rule is marrying a US citizen,
| but only if the initial _entry_ was legal (i.e. visa overstay,
| not border jumping). Being a parent of a US citizen also works,
| but the child has to be 21 first. Being a parent of a US
| citizen under 21 has no immigration benefits.
| Laaas wrote:
| The child rule makes no sense to me. What was the motivation?
| howinteresting wrote:
| The idea is that adults can sponsor their parents for a
| green card but children cannot. Of course it makes
| absolutely no sense given the disruption to US citizen
| children's lives if their parents are deported, but US
| immigration generally is quite cruel if you're on the
| margins.
| Detrytus wrote:
| I think parents of US citizen children cannot be deported
| for that exact reason: it would leave the child without a
| parent. That's why they are called "anchor babies".
|
| But of course if they leave the US willingly (e.g.
| traveling to their home country) they will be banned from
| ever coming back.
| morpheuskafka wrote:
| I'm almost certain that the reason is to prevent people
| from entering the US as a visitor when pregnant, having a
| child, and then immediately being able to have the one-day
| old child petition for the parents. Or having a child while
| facing removal proceedings. As it stands currently, the
| child still becomes a citizen immediately, but cannot
| petition the parents until they are an adult.
|
| If the rule stays, then US citizen children can be left
| with no adults in their life legally able to raise them in
| the US. On the other hand, if having a child in the US
| becomes an automatic ticket to citizenship, there will be a
| significant increase in children being born for this reason
| only that may be neglected, and people who want to overstay
| and are willing to have a child are basically guaranteed
| the ability to do so.
|
| Another side effect if removed would be that the US border
| folks may be unwilling to admit pregnant visitors even with
| very legitimate reasons, because they know there is nothing
| to stop them from obtaining a green card if desired.
|
| edit to clarify: even without this rule, you have to have
| entered legally, so just illegally crossing and immediately
| having a child wouldn't work--you would have to enter as a
| tourist or otherwise.
| ShivTheShiv wrote:
| They want to discourage birth tourism and "anchor babies"
| geodel wrote:
| Leave the US and apply for US immigration from their own
| country?
| howinteresting wrote:
| This is _the worst possible advice_ in this situation. If you
| 're an unauthorized immigrant, DO NOT listen to this advice.
| Talk to a lawyer instead.
| egocodedinsol wrote:
| What nonspecific advice do you have for immigrants who want to
| (co)found companies but are on h1b's or student visas?
| proberts wrote:
| The issues oftentimes are what can the founder do before he or
| she moves to the startup and what company-related items need to
| be in place before the founder can be sponsored by the startup.
| This requires a conversation unfortunately since the advice is
| case-specific. My advice then is to find a good corporate
| attorney and to speak with an immigration attorney who works
| with founders and startups before setting up the company.
| maestrae wrote:
| I'm currently on an H1-B and I'm considering exploring a startup
| idea. My research suggests that I could do a concurrent H1-B but
| what I'm not so sure about is the prevailing wage. Is it possible
| to get a concurrent H1-B for say 5 hours a week so that I can
| actually afford to pay myself as the govt. requires?
| proberts wrote:
| Yes, a concurrent part-time H-1B can be for as little as 5
| hours per week. But there's the issue of getting it, since
| founder H-1Bs can be challenging.
| jb12 wrote:
| Hey, you did my E-3 visa a couple years ago! Thanks for all the
| hard work!
| proberts wrote:
| You are welcome!
| chigwe01 wrote:
| [dead]
| timestap wrote:
| What restrictions/things to know or consider are there for
| Canadian founders who are on a mix of TN/H1-B visas?
| proberts wrote:
| Those already in H-1B and TN status with their company or
| looking to obtain H-1B or TN status with their company?
| someotherperson wrote:
| A friend entered the US on an ESTA last year. They ended up
| getting married to their US spouse while in the US, but had no
| intention of staying in the US and left on day 88 or so.
|
| Does this hinder their chances of re-entering the US on an ESTA
| for short periods (i.e, in this case, visiting their in-laws)? As
| I understand it, you're not supposed to get married while on an
| ESTA, but the way the law reads is that you're not supposed to
| get married and try to convert it into a residence visa. Which
| isn't what happened here.
| DrJokepu wrote:
| You're not supposed to come with the intent of both getting
| married and then staying afterwards on a non-immigrant visa.
| Getting married is fine. Getting married and then changing your
| mind is acceptable. Immigrant intent on a non-immigrant visa is
| what leads to 7A1 refusals.
|
| Your friend's real problem is the 88 days. Long stays like that
| on ESTA are not a problem until suddenly they're a problem.
| They raise eyebrows. How did he support himself for 88 days in
| the United States? Does he really have strong enough ties to
| his home country if he can just stay away for 88 days? I would
| not do it again if I was him. Come for a couple of weeks, or
| get an immigrant visa.
| legutierr wrote:
| > Come for a couple of weeks, or get an immigrant visa.
|
| You mean, come for a couple weeks, _but don 't fall in love
| or start a family with an American girl or boy_.
|
| > Getting married is fine. Getting married and then changing
| your mind is acceptable.
|
| I would imagine that getting married and changing your mind
| is what this policy is meant to encourage! What about getting
| married and _not_ changing your mind? What about having and
| raising children?
|
| Is it United States policy that the children of such
| marriages must be raised only by single parents?
| DrJokepu wrote:
| I can't really comment on the justification behind the
| policy, I can just explain how it works.
|
| Point is, with a few exceptions (notably, H-1B), coming to
| the United States on a non-immigrant visa with the intent
| of staying is an inadmissibility (7A1 immigrant without an
| immigrant visa). It doesn't matter if you're married of
| have children. Coming to the United States on a non-
| immigrant visa and then adjusting status due to a change in
| circumstances is allowed.
|
| >Is it United States policy that the children of such
| marriages must be raised only by a single parent?
|
| If it's a bone fide marriage (and if there's a child, it
| probably is), the US citizen spouse can petition for an
| immigrant visa (which will turn into a "green card" on
| admission at the border). Immigrant intent is not an issue
| when entering on an immigrant visa.
|
| My personal opinion that this immigrant/non-immigrant visa
| distinction should be removed from US immigration law, but
| right now it's there, so these are the rules right now.
| proberts wrote:
| Not necessarily. There's no restriction on getting married in
| the U.S. The restriction is entering the U.S. as a visitor with
| the intent of getting married AND applying for a green card.
| But if this intent arises after entry, there are no issues,
| period. Regarding these facts, your friend still should be able
| to travel to the U.S. Your friend should just be prepared to
| explain what they did while here and why they stayed as long as
| they and what they are coming to do now. At the end, it boils
| down to credibility and the truth. There's absolutely no legal
| reason here why your friend shouldn't be allowed in again.
| [deleted]
| wslh wrote:
| I am curious: If you are well-off economically and/or starting a
| company in US with some few US employees what possible paths do
| you need to follow?
| mighmi wrote:
| O1 or E2 visas can be attached to a company you found.
| bkorte wrote:
| Hey Peter! What tech (legal and non-legal) do you use?
| rejectfinite wrote:
| Very interesting stories. I like reading about how hard it is to
| get in. Same on Reddit but for my home country. Thank you for
| doing the AMA.
| proberts wrote:
| Just great stuff. Thanks again. I'm taking another break and will
| be back again soon.
| simonbarker87 wrote:
| UK couple, both have engineering PhDs and 10+ years experience in
| engineering (dev and automotive), not rich but not poor. Is there
| a sensible path to US immigration that doesn't leave them in the
| H1B bind or always on the verge of being deported?
| rcme wrote:
| You could find a US company with an office in the UK that will
| let you work there for a year before brining you to the US on
| an L1. You could also apply for an O1 if you've published a
| lot.
| bonestamp2 wrote:
| In case Peter doesn't answer, my personal experience has been
| that you'll want a more stable work visa than an H1. Given your
| skills, one of you should be able to get one (and the other can
| come as a spouse and apply for a work permit with the right
| visa type). After a few years with that, you can apply for a
| green card (permanent resident status). I know people who have
| renewed those for decades without becoming citizens. Or, after
| a few years with the green card, you can apply for citizenship.
|
| I know lots of Brits and Canadians in California who have also
| followed this path.
|
| A lot of talk in here about H1B visas, and that's probably
| because they're the most plentiful. But, that's not the only
| type of visa that people should be thinking about.
| proberts wrote:
| Thanks for the response. Yes, there are other options that
| aren't subject to the crazy and uncertain H-1B lottery such
| as the O-1 visa (which, without knowing more, you both
| probably would qualify for). And while the O-1 is tied to a
| company, this can be your company. A lot of founders in the
| U.S. are on O-1s. There is also the intra-company transferee
| visa (if you are transferring to a related company in the
| U.S.) and the E-2 visa if you are looking to start a company
| in the U.S. based on a substantial investment.
| injb wrote:
| Could you elaborate on how an E2 founder could get to
| become an immigrant?
| proberts wrote:
| Most countries have a treaty of commerce and trade with
| the U.S. that gives rise to the E-2 visa. In short, you
| must establish a U.S. company, you and/or others from
| your country of citizenship must invest at least $100k in
| this company, the company must spend a substantial
| portion of this on business related expenses, and you
| must have a good business plan showing, among other
| things, the employment of U.S. workers over a 5-year
| period.
| injb wrote:
| Thanks. I'm asking how it would help you to become an
| immigrant (the original question).
| 0ct4via wrote:
| You could've restated your original question without the
| condescending first sentence, GP obviously didn't know
| that, so the derision is wholly unnecessary.
| injb wrote:
| OK I edited and removed the first sentence. Apologies if
| I sounded condescending.
| bubblethink wrote:
| The most straightforward approach in your case would be an
| EB2-NIW green card application assuming you were born in the
| UK. It basically amounts to showing that you are doing
| something demonstrably useful to the US (e.g., papers, grants,
| awards, citations, the usual). You can do it yourself on the
| cheap for 2-3k in USCIS fees including premium processing, or
| add another 5-10k for lawyer fees if you go through a lawyer.
| The only issue with this strategy is that consular processing
| from outside the US can take up to a year or more.
| onetimeusename wrote:
| Is a J-1 more likely to be approved than an H-1B? What criteria
| need to be met to get a J-1 visa approved? I know people working
| ordinary jobs with these fyi.
| proberts wrote:
| The J-1 is not supposed to be used to fill regular positions
| although the J-1 is sometimes abused by companies. The J-1 is
| supposed to be for training and career development and the J-1
| trainee/intern is supposed to have the intent to return to his
| or her home country or last place of foreign residence. All
| that being said, it's generally pretty easy to get a J-1 visa.
| codingdave wrote:
| I work in a tourist town that only stays operational by
| bringing in thousands of J-1s each summer, and it honestly
| looks to me more like trafficking more than a legit use of
| the J-1 program - housing tied to job status with instant
| evictions if you lose a job, that kind of thing. I've always
| felt like the whole program feels sketchy with the way it is
| used here. Is there a good resource for understanding what is
| actually legal or not in the context of J-1 workers, so I can
| know for sure when a company in town crosses the line?
| proberts wrote:
| The State Department's website has very good information on
| the J-1 regarding the employer's responsibilities and the
| worker's rights.
| tiredofspam_k wrote:
| I'm currently on a H1B visa with a company. Due to family reasons
| I intend on going back to my home country and spend some time
| with family, which means I'll have to quit work. Is it possible
| to come back to the US, assuming I'm able to secure a job with a
| company? And will this have to be done before the expiration date
| of the H1B document?
| proberts wrote:
| Without knowing all the facts, no; another U.S. company could
| sponsor you for an H-1B after your current H-1B expires without
| having to put your name through the H-1B lottery again.
| tiredofspam_k wrote:
| Thank you for answering! I do have a clarification question
| though. Will I have to go through the lottery again in case I
| try before my H1B expires?
| proberts wrote:
| No.
| _corvo_ wrote:
| I'm from India, planning to move to US on L1 as an IC. I want to
| get green card in 3-5 years or get out of the country. If I get
| green card, I want to look at bringing my parents permanently to
| US.
|
| As someone without any research papers, any significant industry
| presence, how difficult will it be to get an EB1 green card if I
| start chipping at requirements now?
|
| How doable is getting parents within next 5-7 years?
| tequila_shot wrote:
| Unless employees in your company are reporting to you in India,
| your hopes of getting into an EB1 category is close to zero.
| You need to prove that you've managed EMPLOYEES of your company
| in multiple countries other than the US.
| proberts wrote:
| You can't sponsor your parents until you are a U.S. citizen and
| you must be a green card holder for 5 years (unless you are
| married to a U.S. citizen) before you can apply for
| citizenship. Will you be managing any employees in your
| position in the U.S.? Are you managing any employees now?
| _corvo_ wrote:
| No, I'm not a manager and won't be managing any employees.
| proberts wrote:
| It's going to be a long process to a green card then. The
| only reasonably fast path is the EB1A extraordinary ability
| path and the standard is very high and difficult and
| subjective/uncertain.
| cyberninja123 wrote:
| Hi Peter, thanks for doing this AMA!
|
| I am from India as well, and I am currently a startup co-
| founder for a self-funded startup that currently employs
| about 5 American Citizens full time. My other co-founder
| is with me on the idea of continuing the self-funding
| situation and acquire more customers which will increase
| our revenue.
|
| I am considering applying for EB-1 but wondering what my
| changes would be to get a GC through that path, would you
| rather advise me to wait a bit more until we hit 10
| American Citizen workers in our company?
| _corvo_ wrote:
| Thank you for your responses, appreciate you taking the
| time.
| glonq wrote:
| If an employee has been working for a US company for a few years
| (like on a TN or L-1A visa), is it common or expected that the
| employer might cover the costs involved in getting permanent
| residency? Or is typically on the employee to sort that out
| themselves?
| proberts wrote:
| Most companies cover the GC costs for existing employees.
| T3RMINATED wrote:
| [dead]
| sass_saas wrote:
| From India! I have an I129 (Successful H1B lottery selection)
| with an old firm, but never got stamped an H1B in the past due to
| Covid.
|
| Will this affect my visa approval in the future as I am working
| on a startup which will be incorporated in US?
| proberts wrote:
| Not at all.
| mandeepj wrote:
| NAL! From what I know, stamping is only required if you want to
| leave the country (US in your case) and come back.
| shytey wrote:
| Can I grant myself a visa with my own LLC? I co-own and run it
| remotely, it's making 600k profit from 4mil revenue. It's based
| in the US, I'm from Ireland, living in the UK. It hasn't taken
| investment but we reinvest a lot of revenue in growth.
| shaburn wrote:
| Can I start a tech startup on an OPT visa while I work for
| another large tech company?
| barbariangrunge wrote:
| What is the "how to work for an American company/startup as a
| Canadian 101"?
| jackall wrote:
| What are the chances of getting an EB-1C petition approved for a
| small startup (15 people), pre-traction, managing 7 - 8 employees
| directly, who are all based outside the US?
| proberts wrote:
| The company's size isn't a problem; the problem is that the
| employees whom you manage all outside the U.S. You also need to
| show that you managed multiple employees for at least one year
| abroad before transferring to the U.S.
| sanctified384 wrote:
| Regarding the GC backlog for India, what is your best guess for
| the number of years it will take for priority dates in 2016 to
| become current?
| WirelessGigabit wrote:
| Which category? 1st 01JAN12 2nd
| 01JAN11 3rd 01JAN09 OW 01JAN09 4th
| 01SEP18
|
| OW = other workers.
|
| So check the diff between those dates and your date.
| proberts wrote:
| It's impossible to say because as I'm sure you know, the
| numbers don't always progress, sometimes they retrogress. But
| I expect at least 5 more years.
| letitgo12345 wrote:
| For EB1 - probably Oct.
|
| For EB2/3 -- likely 15 years or more...
| dustedrob wrote:
| My employer was in the process of getting a PERM for me when they
| announced layoffs, which caused the petition to be denied. How
| soon after a round of layoffs is it "safe" to apply again?
| proberts wrote:
| The employer must wait at least 6 months.
| susanthenerd wrote:
| I'm still in high school but here is my question. Would it be
| possible to create a startup on a F-1 visa(student visa) and then
| sponsor yourself if the startup gets enough money to afford
| paying an employee and get a work visa that could later lead to a
| GC? Thanks
| stale_data wrote:
| Do you have any advice for Canadian founders who's TN grace
| period has ended and are leaving the US to immediately return as
| a visitor? I'm not paying myself yet, so no employee contract/job
| offer. Will the border officers be upset at the fact that I'm
| returning as a visitor right after the TN grace period has ended?
| Any documents I could prepare to make it easier? Thanks!
| andrewfurey2003 wrote:
| I'm doing a CS degree in Ireland. If I want to start a company in
| the US, how hard would it be to get the necessary visas to get
| in?
| cushychicken wrote:
| What's the typical fully loaded cost for a company to bring
| someone in on an H1B or similar visa, in terms of attorney time
| and application fees and whatnot?
| proberts wrote:
| There is some range depending on the size of the U.S. workforce
| and whether the petition is filed with premium processing. A
| rough range for a company with less than 25 FTEs would be
| $4,000 to $5,500. For a company with at least 25 FTEs, add $750
| and if the petition is filed with premium processing, add
| $2,500.
| cushychicken wrote:
| Thanks for the detailed answer!
| neodypsis wrote:
| What is premium processing?
| Maciek416 wrote:
| It's like TSA pre but for certain steps in the USCIS flow
| chart.
| ra7 wrote:
| Case adjudicated within X calendar days. Typically, 15
| calendar days for most types of petitions.
|
| https://www.uscis.gov/forms/all-forms/how-do-i-request-
| premi...
| matchbox wrote:
| To get the visa application processed in two weeks, else it
| will take up to 4 months or so.
| proberts wrote:
| All correct! But with an H-1B to H-1B transfer, the
| filing alone allows the sponsored employee to work so
| sometimes there's no need for premium processing.
| samgray2933 wrote:
| What about cost in applying for a green card while on H-1B1?
| no_wizard wrote:
| Has demand for your services fallen as VC funding is drying up?
| I'm curious how "in demand" you are at this point due to economic
| headwinds
| ramraj07 wrote:
| What do you think happened with the sudden jump in EB1 backlog
| for India to 2012?
| letitgo12345 wrote:
| They ran out of GC numbers for the year. It will probably jump
| back to 2022 in Oct
| mynegation wrote:
| Canadian citizen, I got an offer from US company. Still need to
| check with their immigration folks, but should I push for TN-1 or
| H1B? Also worth mentioning that my spouse has L1A and I am
| eligible for employment authorization through that (but has not
| applied yet). What are the pros and cons of each approach?
| kecupochren wrote:
| How common are H1Bs for people without a degree but with 12+
| years of experience? Is that a legit thing?
| proberts wrote:
| Very legit. The experience just needs to be professional and
| well-documented and the evaluation done by a reputable
| evaluation service.
| kecupochren wrote:
| Documented meaning I need to have all my previous job
| contracts/documents? What if the companies don't exist
| anymore?
| PointyDog wrote:
| I replied elsewhere - but this was my (successful - now an LPR)
| path.
|
| My lawyer told me you need a 4 year degree equivalent, and 4
| years of experience can convert to a year.
|
| If you have zero university education, that would be 16 years'
| experience required, based on that lawyer's legal instruction.
| shagie wrote:
| The relevant part is 8 CFR 214.2(h)(4)(iii)(D)(5) (
| https://www.law.cornell.edu/cfr/text/8/214.2#h_4_iii_D_5 )
|
| > 5) A determination by the Service that the equivalent of
| the degree required by the specialty occupation has been
| acquired through a combination of education, specialized
| training, and/or work experience in areas related to the
| specialty and that the alien has achieved recognition of
| expertise in the specialty occupation as a result of such
| training and experience. For purposes of determining
| equivalency to a baccalaureate degree in the specialty, three
| years of specialized training and/or work experience must be
| demonstrated for each year of college-level training the
| alien lacks. For equivalence to an advanced (or Masters)
| degree, the alien must have a baccalaureate degree followed
| by at least five years of experience in the specialty
| tehsauce wrote:
| 8 years of real experience equated to 2 years of university?
| That is such a shame.
| pasoevi wrote:
| I don't see 8 => 2. I see 3 => 1 from Peter and 4 => 1 in
| this answer.
| ke88y wrote:
| This is ridiculous in both directions. In one direction,
| someone can have 12 months of tech industry experience with
| more knowledge than a Masters degree holder. In the other
| direction, it's also possible to have 30 years of real
| experience in the tech industry without being particularly
| skilled labor (the apocryphal "three months of experience,
| repeated a hundred times").
| elfleco wrote:
| This was my own path; I had to use a service to certify my
| experience (it included getting multiple letters of
| recommendation from previous employers) and after three tries I
| got my H1B. The odds of getting accepted for each year were
| impacted because the pool for people without degrees is smaller
| than the rest, so it took patience and time.
| proberts wrote:
| USCIS applies a 3 to 1 rule.
| cj wrote:
| Do you have any general recommendations to founders or hiring
| managers to keep in mind when hiring people on visas?
|
| I understand there are certain visas that an individual can
| obtain independently (like a TPS visa, or being the spouse of a
| L1 visa holder) without employer sponsorship, and other visa
| types that require employer sponsorship and other paperwork (I
| believe even visas like a TN require some coordination with
| candidates).
|
| Generally speaking, are there any considerations you recommend
| small startup employers take when interviewing and hiring visa
| holders? Which visa types require the company to hire an
| immigration lawyer vs other visa types that don't? Links to
| external resources would also be helpful if there's a go-to
| source for this type of information.
| proberts wrote:
| No sponsorship is required for the spouses of those in E-1,
| E-2, E-3, and L-1 status, or spouses of those in H-1B status
| who are in the green card process and it's generally easy for
| companies to hire workers from the five countries with their
| own visas (Australia, Canada, Chile, Mexico, and Singapore).
| It's also generally easy for companies to hire those already in
| H-1B status - that is, to "transfer" the H-1B to their company.
| It's also generally easy for companies to hire those with PhDs
| (often via the O-1). It's also generally easy for companies to
| hire those in F-1 OPT and STEM OPT status but these workers
| will require sponsorship to continue working and this
| sponsorship usually takes the form of the H-1B visa, which
| requires going through the H-1B lottery, a very messy and
| uncertain program.
| Gunnerhead wrote:
| In June 2021 I tried entering the United States with a TN packet
| as an Engineer with a Bachelor of Computer Science. However, the
| officer denied me the TN status saying I need an Engineering, not
| Computer Science degree, to qualify for the Engineer TN status.
|
| Given the denial, in July 2021 the hiring company then applied
| through USCIS premium processing again for TN Engineer with my
| Computer Science degree and I was approved. I was let in at the
| border with my TN status without issue.
|
| In August 2021, I we back to Canada, and then upon re-entering
| the US with my TN I was sent to secondary given my previous
| denial on record. The officers basically rechecked my packet and
| asked so many questions about my previous denial, the officer
| then lets me in but states "you might not be so lucky with the
| next officer". From what I understand they can take away my TN or
| even just deny me entry in the future based off the previous
| denial.
|
| I haven't left the US since then, but want to visit Canada and
| come back. However, I'm terrified of the officer denying me entry
| based of my previous denial. What are my options here? My
| company's lawyer basically said we just have to try and hope for
| the best.
|
| Thanks so much!
| fuckyah wrote:
| [dead]
| djmips wrote:
| My advice is to do the renewal without having to go to the
| border to face capricious judgements by under trained by all
| powerful border staff. It is possible to do the renewal early
| and via mail at a main immigration office. Now this information
| could be dated and please seek the advice of Mr. Roberts for
| current methods.
| pj_mukh wrote:
| This happened to me too. Mind-boggling dumb. Had to switch out
| of TN (E2 in my case) for it to stop happening.
|
| Still spent 3 years going to secondary, "just because".
| proberts wrote:
| I'm sorry that I'm coming in late to this but for certain TN
| occupations, the outcome has less to do with the applicant's
| qualifications or the offered job and more to do with where
| the applicant applies. There are some airports and land
| crossings that are very good, that is, reasonable and fair.
| proberts wrote:
| I know. This is really stunning but true. CBP officers have the
| right to review the admissibility of TN applicants any time
| even if they have a TN approval notice. But there's a solution
| of sorts. Please email me separately because this will be very
| case-specific advice.
| anorwell wrote:
| As a CS degree holder, I got two TN visas, both as a Computer
| Systems Analyst. This was ~10 years ago. I'm curious if
| something has changed to make Computer Systems Analyst
| positions or applications less frequent.
| Maciek416 wrote:
| Much like the other commenter, I learned to never ever do any
| of this stuff (ordinary travel or renewals) via land crossings.
| You can have a major trajectory change to your life on the
| whims of a border guard who is just having a bad day even if
| all of your ducks are lined up and perfectly documented by a
| large multinational. Bend over backwards to avoid land
| crossings until you can secure yourself a greencard.
| arcticbull wrote:
| It doesn't really matter which crossing, IME, you may always
| encounter a power-tripping officer, and officers at each kind
| of entry port have the same power. I've been waved through no
| questions asked at land crossings, pulled into secondary and
| interviewed by 6 officers in pairs of 2 at an air crossing -
| and vice versa. Ultimately, admission is at the discretion of
| the officers unless you're a citizen. Even a green card
| holder can be denied re-entry on the basis that they
| 'abandoned their residency.'
| jkaplowitz wrote:
| > Even a green card holder can be denied re-entry on the
| basis that they 'abandoned their residency.'
|
| I don't believe CBP is allowed to deny a green card holder
| entry on this basis if you provide any evidence that
| amounts to a colorable claim of being an LPR, such as a
| physical green card. They are allowed to pressure you to
| officially give up your status by convincing you to sign an
| I-407, but you have the right to decline that and insist on
| being let into the country because you believe you did not
| abandon your residency. In turn, CBP could choose to refer
| you to an immigration judge, but this would still involve
| letting you in.
|
| If they do want to bother with the referral, CBP would take
| the physical green card, give you alternate proof of
| status, give you a Notice To Appear for removal proceedings
| before an immigration judge, and let you in with all the
| same rights as any other green card holder on a tentative
| basis. Yes, the immigration judge would still revoke
| permanent residency if you are found to have abandoned your
| residency, but you have the chance to involve your
| immigration lawyer and argue your case before the
| immigration courts. And there might be a long wait before
| you even get the court date in the first place.
|
| I am not a lawyer or other immigration professional and am
| speaking generally here based on general information. If
| you think you might be in a situation where this would
| happen to you, consult an actual professional for proper
| legal advice applicable to your case.
| [deleted]
| klipt wrote:
| > Even a green card holder can be denied re-entry on the
| basis that they 'abandoned their residency.'
|
| If you're actually living in the US and just taking
| occasional vacations abroad this is extremely unlikely.
|
| Where people get caught out is when they're trying to
| basically snowbird between two countries while still on a
| green card. In that case it's better to first serve your 6
| years in the US to earn citizenship. Then you're free to go
| anywhere anytime you want.
| arcticbull wrote:
| If you want to 'snowbird' like that without waiting for
| (or ever planning to get) citizenship, you can apply for
| an I-327 Re-Entry Permit. [1]
|
| You can apply with form I-131 and like $575.
|
| While it can take 3-12 months to process, if you apply
| more than 60 days before travel and complete your
| biometrics appointment, you can leave and pick it up at a
| foreign embassy or consulate. This helps you avoid the
| presumption that you abandoned your US residency.
|
| [1] https://rjimmigrationlaw.com/resources/what-is-a-re-
| entry-pe...
| afavour wrote:
| > extremely unlikely
|
| Very true. But the point the OP is making is that your
| entire fate is in the hands of a CBP officer and they are
| a very, very mixed bunch.
|
| I repeat OP's advice to avoid a land crossing, I'm not
| sure exactly what it is but I suspect partly that land
| crossings have much less time pressure. I've had my car
| pulled over and partly taken apart looking for "anything
| suspicious". We were two men in our mid twenties and I
| think the agents were just bored, honestly.
| Maciek416 wrote:
| Understood -- the big multinational I was working for
| employed an immigration law firm that tracked many such
| crossings, and they practically begged me not to try
| crossing by land based on their statistics (which suggested
| a higher probability of trouble in land crossings). I
| joined that statistic and learned to never take any chances
| with any part of this.
| arcticbull wrote:
| Very interesting, I'll keep that in mind. Thanks!
| joshvm wrote:
| One option is to apply for Global Entry/NEXUS for Canada. You
| will have a single potentially miserable interview with a CBP
| officer who might bring your denial up because I'm sure they
| ask if you've been refused entry before. But if they're happy,
| you can enter the border without speaking to any agents (or a
| significantly reduced chance). Once cleared, on arrival, they
| snap a picture of your face at a kiosk and wave you through on
| an iPad (no passport involved). It works out to around 20
| dollars a year plus your home country's admin fee.
|
| This doesn't solve your problem entirely but if you're legally
| allowed to be in the US then there's nothing underhand about
| taking advantage of the program.
|
| I think NEXUS might be easier, but when I did this as a
| European the border agent didn't really know what to do and was
| very grumpy that I didn't provide a US address to send my card
| which I was told by a different airport I didn't need. Once
| that was sorted, I haven't had any trouble since and it usually
| eliminates queueing at the border.
|
| If you're physically in the US, do it at an airport if you can
| get an appointment - they tend to be much more relaxed than the
| border guards.
| ashconnor wrote:
| I was going to suggest this but I don't think it would
| prevent being pulled into secondary.
|
| Also, make sure you tell them you are on TN status or they
| will happily wave you through on B1 which you won't know
| until you download your updated I94.
| nrmitchi wrote:
| > Also, make sure you tell them you are on TN status or
| they will happily wave you through on B1 which you won't
| know until you download your updated I94.
|
| Bingo. I had the unfortunate experience of crossing after
| obtaining a renewal through USCIS, but before my original
| TN had expired.
|
| Despite giving them all of documentation, including the
| I-797A and new I94, the agent entered me based on my old
| TN, which expired.... a couple days later.
| ashconnor wrote:
| Also on TN status with a Computer Science degree. It appears to
| be luck-of-the-draw with the CBP officers. I also have two
| Software Engineering modules and my program was under the
| Faculty of Engineer which helps.
|
| I initially applied for L1B at Peace Bridge and was told that I
| needed to show the company I worked for was profitable (not
| true).
|
| We drove to Detroit-Windsor from Fort Erie as they told us
| there were no appointments until three weeks out (you don't
| actually need an appointment I found out later).
|
| In Detroit I was denied my L1B because "the last year you
| worked abroad cannot count towards your acquisition of
| specialized knowledge" (also false).
|
| My opinion of CBP is you need to get the right one or have your
| lawyer on speed-dial so they can argue with the officer.
|
| Getting status at the border used to be seen as a pro for
| Canadians but more and more I'm seeing it as a con.
| bonestamp2 wrote:
| > However, the officer denied me the TN status saying I need an
| Engineering, not Computer Science degree, to qualify for the
| Engineer TN status.
|
| My wife had a similar thing happen (not a TN visa though). The
| immigration lawyers got to work and she was allowed to try
| again a couple weeks later. This time the officer agreed with
| the assessment that she was qualified for that visa type. The
| original officer had a very narrow perspective on how a certain
| job title was defined that was not inline with how most
| companies operate.
|
| If your company has a Canadian office, the lawyers could try
| getting you on an L visa. Or there's an E visa. Once you're on
| one of those visas then your company can sponsor a green card.
| Green cards are much more stable and they're easier to renew.
| Then citizenship if you want to go that far.
| Maciek416 wrote:
| I am not a lawyer. The transition from TN->GC is possible too
| under the right (narrow) circumstances. The big tradeoff is
| not risking travel while within the lifecycle of one TN term,
| and likely not being able to straddle a GC application across
| the boundaries of a TN renewal period at all. For some
| countries of birth, a TN term is not long enough to get
| through the GC pipeline. But for Canadians born in Canada,
| ones who have family willing to visit them instead of the
| other way around, it may be doable. Or for folks born in
| other countries which have no GC backlog or a short one.
| YMMV, but I have personally seen someone go L2->TN->GC. An
| unusual sequence but necessary given the particulars of that
| case.
| ashconnor wrote:
| It's totally possible to go from TN to GC but you won't be
| able to leave the United States from the point you file
| your I140/I485 until your Advanced Parole document turns
| up. You also can't get a new TN should you need one.
| lannisterstark wrote:
| Cbp officers are sometimes.... dumbasses.
|
| One told me I had to get a Mexican visa if I were to come back
| since I was visiting so often. Mexican visa. To enter the
| United States.
| sbassi wrote:
| Been in the US 4 years under L1, then changed status to E-2, so
| far 2 times, so that is almost 8 years working legally in the US.
| No path to citizenship and can't get out from US to my country
| without loosing status. Is there anything different I could do to
| improve my situation?
| throwaway3895 wrote:
| Me: EU citizen, with a PhD. Wife: US citizen. We live in Europe.
| Wife cannot work due to a disability. How complicated would it be
| for us to move to US?
| proberts wrote:
| There might be a public charge issue. Either you and your wife
| would need to show enough liquid-ish assets or you would need
| to have a job offer from a U.S. company.
| embwbam wrote:
| My girlfriend is Canadian, and an AMGA Rock Guide (American
| Mountain Guide Association: the US certifying body). She would
| like to be able to work for gyms and guiding companies in the US.
| What's the best way to make that happen? (short of marriage...
| fool me once!)
|
| Should we hire an immigration attorney?
|
| Do you know if it would be easier for her to get permission to
| work in Europe?
| proberts wrote:
| You definitely should get fact-specific advice from an
| immigration attorney. Is she looking to live in the U.S.
| permanently or just work here when there's work?
| ecec wrote:
| Hey Peter, thank you so much for doing this! I'm currently a F-1
| student in Michigan doing CS major undergrad. In Jan, I had a DUI
| case with BOC: 0.09, and I just started with the whole court
| thing. Since I don't have a result yet, will a bad record lead to
| an eviction of the country or will it lead to a hard time later
| if I ever want to apply for green card / H1B in the future?
| TNWin wrote:
| I want to setup part of the development team outside of a US in
| Nepal. The country has very restrictive policies around
| transferring dollars outside of the country. It maybe the case
| for others as well. I am not sure what to do next. Do you
| recommend different kinds of attorney - tax? corporate? Do you
| recommend a company that has done these kinds of setups?
| mavins wrote:
| As a Canadian, for L-1Bs adjudicated by CBP at a Canadian port of
| entry, how long does it typically take for USCIS to send the
| I-797 approval notice after processing? CBP officials have not
| shared the tracking number for USCIS tracking (WAC #) during the
| border processing and hence there's radio silence on the
| processing. Do you recommend international travel and re-entry to
| the US with just the endorsed I-129S, passport stamp, and current
| I-94, without any problems?
|
| Thank you!
| proberts wrote:
| Months! Although this after-the-fact approval notice isn't
| required for reentry. The I-129S is associated with a blanket L
| application so this would only be relevant if you obtained a
| blanket L and if you did, you definitely should be keeping in
| your passport and presenting to CBP an endorsed copy.
| Zpalmtree wrote:
| I am in the US on a H1-B visa, and my employer is starting the
| process of sponsoring me for a green card. I was born in the UK.
| Is this likely to succeed, and is there an estimated time it
| takes to be selected?
| TheMagicHorsey wrote:
| Does it now make more sense for Indian engineers to immigrate to
| Vancouver or Toronto to work at a startup rather than the Bay
| Area, given all the recent uncertainty and delay around
| greencards?
| raulpegan wrote:
| What is the process like for employees waiting for i485 approval
| (2+ year wait times) who decide to change companies? Assuming
| EAD/AP and everything else has already been approved.
|
| My understanding is that the application is "portable" to an
| extent, but what exactly does that mean? Does the PWD need to be
| filed again?
|
| From a startup's perspective, what does the company need to do to
| accommodate this incoming employee?
| proberts wrote:
| Generally it's very easy to port an I-485 application after the
| I-140 has been approved and I-485 has been pending for more
| than 6 months. The primary requirement is that the new job in
| the same or similar occupation as the previous job and that the
| new company is a real company with the ability to pay employee.
| But the job location, job salary, job level can all be
| different.
| raulpegan wrote:
| Thank you for the response!!
|
| How specific is "same or similar"? Say, going from front end
| web dev to machine learning. Or going from VLSI to full stack
| web dev. All very similar in that they're software
| development heavy, but do have significant differences in the
| actual field.
| proberts wrote:
| Similar within the field of software engineering or
| software development or even more broadly than that so I
| see no issue with the examples above.
| Herdinger wrote:
| Hi I am not really asking for specific advice (since I know our
| situation is already not working out to nice...), I just want to
| highlight how absurd the state of affair is and maybe get some
| input on that.
|
| My wife is a US citizen and we currently both live in Germany and
| planed to move at the and of this year. We've filed a I130 in
| November last year and got an initial estimate of it being done
| right now (7 Months not to bad). But looking further into it it
| takes at least 15 Months to process this stage of immigration,
| worst case scenario it could've been 50 months (4 year!!!)
|
| This wouldn't all be to bad but to add insult to injury it looks
| like I'm effectively barred from entering the US during this
| period and US customs can even bar me for 5 years from entering
| the country if I try.
|
| I just feel incredibly sad about the fact that the way to go if
| you have a sweetheart in the US seems to be to illegally marry on
| a Tourist entry into the country...
|
| The earliest the US would even respond to our inquiries is in
| 2024, which is frankly ridiculous.
|
| There doesn't seem to be any workarounds other than transferring
| on an L1 Visa between companies that are situated in Germany and
| the US, every other visa is single intend (i.e illegal if you
| plan to stay and the US gets to decided if you're trying to do
| that)
|
| I don't understand what the US is scared of, taking their social
| benefits? Especially since 90% of the I130 are approved, there is
| no reason it takes that long or needs such rigorous vetting.
|
| Peter if you know any better or disagree please let me know :(
| proberts wrote:
| Unfortunately I've seen these terrible delays with our own
| clients and there's little that can be done other than what you
| suggest: get to the U.S. on some type of work visa and then
| pursue the green card when here, which is a very fast process.
| But one correction: you are allowed to travel to the U.S. as a
| visitor while your green card application is pending; you just
| need to maintain a home abroad and not work when here. We've
| had spouses in the same situation spend months and months in
| the U.S. while waiting for the green card process to run its
| course.
| throwaway9971 wrote:
| I am in similar situation, except wife is in India with
| younger kid and I am in US with elder kid in university. I am
| told there is a good chance she will be denied tourist visa
| even if not yet applied to GC, as rest of us are US citizens.
| And she will be denied tourist visa after applying for GC.
| proberts wrote:
| That's a separate issue. If one already has a tourist visa
| or is from a visa waiver country, there really are no
| issues traveling to the U.S. while the green card process
| is pending if you are smart and careful. But it's very
| difficult to obtain a tourist visa if you are in the green
| card process.
| Herdinger wrote:
| Thanks for the quick response, I agree if it would be that
| easy, sadly I've had friends that were turned away by customs
| for that exact reasons (staying months while they visited
| last time) and got recommended against even trying to enter
| by an attorney since the I130 in flight might be used by US
| customs against me.
|
| I don't think you or anyone can assure me that if I am
| currently trying to enter the country for a visit I might not
| be turned away by customs (worst case scenario being barred
| from entering for years).
|
| I don't know how you can plan your existence around random
| chance of US customs.
|
| Please correct me if I'm wrong with that assessment.
|
| To come highlight again, this has been a huge surprise to my
| wife's family who resides on both sides of the political
| aisle.
|
| They assumed it would be bad, but not quite how bad.
| proberts wrote:
| With the right advice, you should be fine to travel. Never
| has a client of ours in your situation had an issue
| entering the U.S.
| lanice wrote:
| Not advice, just some words of encouragement: I am in a very
| similar situation (German citizen, US citizen spouse), and we
| started our I130 petition at the end of August last year. We
| got the approval notice (for the I130) literally this week.
|
| So with your November filing, I think it would not be
| unreasonable to expect an update within the next 3 months or
| so. And from there on it should go fairly fast, probably just
| 1-3 months from an approved I130 to a GC.
|
| Good luck!
| proberts wrote:
| Good guidance. That's what we're seeing as well with
| marriage-based immigrant visa applications, about 9-12 months
| for the I-130 to be approved and then, depending the
| consulate, about 1-4 months to get the immigrant visa.
| quotz wrote:
| I am in a similar situation. Is there anything we can do if
| we havent heard back from them in more than 18 months?
| meowmeowwoof wrote:
| how are tax records examined when applying to transition from lpr
| to citizenship?
| proberts wrote:
| Depending on the relevant GC period (whether 3 or 5 years), an
| applicant for naturalization must provide copies of his or her
| federal tax returns or tax returns transcripts for this period.
| neilsharma wrote:
| If I'm a citizen and want to sponsor my parents to get green
| card, do they have to spend 6 months/year in the US? Is there a
| way around this requirement? Life abroad is better for them so 6
| months/year in the US is a lot, but having the flexibility to
| come and go would be nice without having to deal with visas.
| proberts wrote:
| The short answer is no, they do not have to spend at least 6
| months a year in the U.S. We have many clients whose parents
| essentially live in two countries. Certain easy steps just need
| to be taken in advance.
| tshrjn007 wrote:
| What green card options (Indian born) do founding employees for a
| startup have? And how probable are those options? EB-1, O1, etc?
|
| If on paper, we can show we're co-founders does that change the
| equation?
| gnandigam wrote:
| What is the immigration process to move to another company if you
| are waiting on I-485 approval (status: pending, but EAD granted)?
| I'm currently laid off from the company that petitioned for my
| GC. (I'm not sure if I received a visa number).
| proberts wrote:
| If your I-140 has been approved and your I-485 has been pending
| for at least 6 months and you will be working in a similar
| occupation, then it should be easy. The wrinkle here - which
| would require a conversation - is your layoff.
| gnandigam wrote:
| I-140 approved. I-485 pending for 1 1/2 year. Have been on
| H-1B throughout my employment (i.e., haven't used AP or EAD).
| What wrinkles do I have?
|
| Thanks a lot for taking time to answer me.
| afr0ck wrote:
| I am an Algerian citizen who is currently doing PhD studies in
| computer science in the UK. My area is systems and computer
| architecture.
|
| The job market in the UK in my area is very slim I can't find the
| type of jobs I would like to do. That's the reason for me why I
| want to move to the US.
|
| What are the possible routes that I can possibly take to
| immigrate to the US?
| proberts wrote:
| Unless you have U.S. citizen relatives, the path to the U.S.
| usually requires sponsorship by a U.S. company. The good news
| is that many with PhDs qualify for the O-1 visa, which avoids
| the whole H-1B lottery mess. You also could do a post-doc in
| the U.S. (typically on a J-1 visa) and then convert this to a
| longer term work visa or even green card.
| afr0ck wrote:
| Very insightful! Thanks very very much Peter!
| joker_minmax wrote:
| If you (US Citizen) marry out of the country, and stay with your
| spouse (foreign citizen) in that country, how long is the current
| wait to come back into the country and have your spouse with you
| on a CR1 visa? And are there any advantages to K-3 over CR1?
| Gabriel54 wrote:
| - While the K-3 visa technically still exists, in practice it
| is rarely granted (i.e. on the order of 1 or 2 every year
| globally) [0]. You can apply for it in addition to the CR-1
| visa but in practice, once they approve your I-130 petition the
| K-3 visa application will be cancelled automatically (and you
| will move forward with the CR-1 visa application)
|
| - The first step to get a CR-1 visa is to file the I-130
| petition, which as per [1] is taking about 12 months on
| average. Your luck may vary.
|
| There is no magic pathway unfortunately but on the positive
| side, your spouse will be a permanent resident as soon as they
| enter the country.
|
| [0] https://travel.state.gov/content/travel/en/legal/visa-
| law0/v...
|
| [1] https://egov.uscis.gov/processing-times/historic-pt
| proberts wrote:
| Agreed. Generally it just makes sense to apply after getting
| married rather going the fiancee visa route. And expect 12
| months or so.
| [deleted]
| contingencies wrote:
| Hi Peter. We spoke by phone last year. I am shifting a venture
| from China to the US as an Aussie. While things are nominally
| easy for me, and you raised the interesting point that spouses
| are now in a better situation under the Aussie category, I note
| we are _still_ waiting for a visa interview for my family
| (Sydney). We intend to complete financing in the US before
| December then exit and re-enter on new visas with the self-
| sponsorship route and a good deal of investment in the bank, at
| which point the various paperwork you advised as supporting (eg.
| real estate) should be trivial. My question to you is this: how
| do we speed up the next visa changeover? We will only have 90
| days up front. After which, a plethora of initial setup work
| (equipment commissioning, etc.) needs to occur demanding of
| presence. I can 't afford to sit around this long waiting for
| bureaucrats again and I don't want to be separated from my
| family. Can we apply while actually in the US on another visa?
| Can we iteratively amend an application with new data (eg. real
| estate, investment agreements, etc.) after it is lodged as this
| information settles? Or perhaps, is there any way to apply with a
| business case for expedited processing at US consulates?
|
| We are also now looking to bring in a few Europeans with
| exceptional professional skills in allied areas. What do we need
| to look out for in doing this and which visa category is the most
| stable for their application? As a startup are we limited in how
| many people we bring in? Right now there are at least two. I
| recall in the past I was on some sort of management-for-new-US-
| subsidiary type visa (~2010) and this was preferential to the H1
| types. Cheers.
| textread wrote:
| Have any YC founders previously opted for 'citizenship based on
| investment programs' such as St. Kitts & Neves etc?
| proberts wrote:
| I haven't seen that with any YC founders but other clients of
| ours have opted for foreign citizenship investment programs and
| they seem to have worked well.
| booboo28 wrote:
| I work as a software engineer on H1B visa due to expire in Sep
| 2025.
|
| My workplace is processing my GC, currently pending DOL wage
| certification.
|
| I hate my job.
|
| If I change job, it appears they'll have to start the process
| again. It looks like I will lose work permit if I don't receive
| i140 on time.
|
| I haven't run the numbers but is it too late to change jobs now?
| What are my options?
|
| It's too stressful!
| proberts wrote:
| I know. It's awful. But if you find an employer who's willing
| to help, you have plenty of time. And - although not 100% true
| - in my experience, it's never good to stay in a bad job
| because of immigration.
| jewelry wrote:
| I'm managing a software engineering team for a medium size
| startup (400 engineers) and one common question is about the
| source income restriction of H1B employees. One example is that
| O'Reilly reached out to one engineer on a book deal, and it seems
| to be impossible to proceed considering he's on H1B. Any angle to
| work around it?
| proberts wrote:
| Good question. Separate income streams are complicated. A
| concurrent part-time H-1B is sometimes an option for other
| employment. The problem with this specific situation is that a
| concurrent part-time H-1B would have to be structured, at least
| in part, as paid employment.
| HDMI_Cable wrote:
| If you could reform the immigration system in one way, how would
| you do it? Would you say that US immigration is currently broken
| for tech workers?
|
| Also, how does US immigration compare to other countries, such as
| the UK, Canada, or Germany? Is it easier to immigrate or harder?
| throwaway63820 wrote:
| My startup is taking off, but I'm on H1-B, about to get my perm
| and apply for I-140.
|
| I haven't incorporated, haven't setup an LLC, have accepted
| payments on my girlfriend's sole proprietorship. What can I do
| here that doesn't screw me over when it comes time for my
| interview?
| proberts wrote:
| You have to be very careful here. The payments are a problem.
| Maybe obtain a concurrent part-time H-1B through your company.
| joey-mamba wrote:
| How important is a degree for o-1? and what are easy or non-
| negotiables or important conditions or awards that definitely
| make someone qualify for a o-1?
| Detrytus wrote:
| Nobel Prize is your best bet :) Also, if you are an athlete
| then Olympic medals help. Other than that, it's all subjective.
| proberts wrote:
| A degree is not required at all. Of course those with an
| advanced degree by virtue of having obtained an advance degree
| often check a number of O-1 boxes (publications,
| journal/conference paper review work, original and significant
| contributions). I'm not aware of any easy awards that would
| help.
| itronitron wrote:
| Regarding remote work between Europe and the USA, is there an
| easy path for US based companies to hire a US citizen or an EU
| citizen to work remotely from an EU residence?
| proberts wrote:
| Unfortunately, this isn't really a U.S. immigration question.
| U.S. companies can employ anyone who is outside the U.S.
| without needing to obtain a U.S. work visa. U.S. immigration
| doesn't apply if the worker is outside the U.S.
| JulesRosser wrote:
| The US company I work for is remote first and we hire all
| around the world.
|
| Not sure how helpful this is, but our method is that if we have
| a registered company in their country they will be hired as a
| typical employee. Anyone hired in a country we don't have a
| corporate presence in is hired as a contractor.
| aced123 wrote:
| Hi, I'm from Germany and have nearly my master degree in computer
| science is there a possibility to immigrate to the US? What would
| make the most sense? How long does it take? Thank you very much
| for your time!
| aced123 wrote:
| And How much does it cost?
| aced123 wrote:
| And how much would it cost?
| citiz3nkan3 wrote:
| My situation: - I am on an H-1B visa and working at BIG_TECH_CO -
| I am in the final stages of my EB-2 green card application
| process, which is sponsored by BIG_TECH_CO. My I-140 was approved
| a few months ago, and I-485 is pending. BIG_TECH_CO's immigration
| lawyers have told me that they believe my priority date will
| become current in October, when the green card numbers refresh
| for the government's fiscal year. - In mid September, my I-485
| will have been pending for >6 months.
|
| I would love your help understanding two scenarios. Specifically
| - If I were to leave BIG_TECH_CO and join another company in
| October, would I be able to maintain my green card application
| according to AC21? - Same question, but what would it look like
| to work for my own company instead?
|
| From what I have been able to gather by reading online, I would
| qualify to transfer employers after six months. However, a few
| pieces are still unclear to me: - If I switched employers, my
| understanding is that I would want to stay on my H1B until the
| I-485 is approved, to minimize risk in case the I-485 is denied.
| I assume that would be a fairly seamless process if I were to
| transfer it to another employer, but would I be able to transfer
| it to my own company? - If I pursue a naturalisation application
| 5 years after the green card is granted, would the government
| look unfavorably on the fact that I moved employers so soon after
| the I-485 window has passed? My limited research has raised this
| as a concern, on the basis that USCIS grants green cards on the
| assumption that the applicant has the intent to be "permanently
| employed" by the filing party? - Is there anything else I'm
| missing?
| proberts wrote:
| There's no issue from a naturalization standpoint with changing
| employers if AC21 applies. That's the whole point of AC21,
| facilitating job change. AC21 is easy, as long as the I-140 has
| been approved, the I-485 has been pending 6 months, and the new
| job is in the same or similar occupation as the sponsored job,
| the I-485J should get approved without any issue. Regarding
| maintaining H-1B status, it's a nice back-up but not all
| employers will support it - as long as the new employee has an
| EAD of course - although it's rare that a pending I-485
| application isn't approved.
| citiz3nkan3 wrote:
| Thank you for the response Peter! Really decent of you to
| take the time to help us all. The process can be stressful,
| as I'm sure you know.
| I_am_tiberius wrote:
| Are you permitted to voice opinions here that may not endorse
| YC's stance?
| proberts wrote:
| There's no YC stance. I'll do my best to provide helpful,
| honest, and independent answers and advice.
| PettingRabbits wrote:
| How would somebody that qualifies as a TN NAFTA Professional
| (e.g. Canadian applying for engineering job with relevant
| engineering degree) answer the question of "Are you authorized to
| work in the US?", particularly with regards to sponsorship? As I
| understand it, the question is to determine if the employer needs
| to apply for a visa, (H-1B, etc) but according to USCIS all the
| employer has to do for TN is provide a letter outlining the job,
| employee qualifications, etc. Is this considered sponsorship?
| proberts wrote:
| The TN is company-specific so if you are applying for a new
| job, even if you have a TN with one company, you would need a
| new TN and even though the TN process is generally simple and
| easy, it qualifies as sponsorship.
| PettingRabbits wrote:
| >it qualifies as sponsorship.
|
| Rats. It's gonna be tough to make it past the first screening
| round with a No answer. Oh well, fingers crossed some good
| referral action can help. Thanks for the insight.
| hdjsnxbsbsh wrote:
| [dead]
| thrawa8387336 wrote:
| How often do you see mistakes in application? Was doing TN to GC
| and my case was considered abandoned because we never got the RFE
| for medicals. We also never got any warning online or otherwise.
| After 9-months of the supposed RFE, it was denied. My lawyers
| recommended not reopening because of TN
| proberts wrote:
| It might have been an issue - I can't know without knowing all
| the facts - but your lawyers should fight hard on not receiving
| the RFE and the resulting denial, file a motion/appeal, get a
| Congressional office involved. This isn't uncommon and usually
| USCIS will correct this.
| boomchinolo78 wrote:
| Thank you! At this point we reapplied but left thinking, what
| if we had filed a motion? The main thing was they did not
| know how quick it would have reopened and I risked running
| out of authorization in the meantime.
|
| They did not strike me as particularly knowledgeable as to
| getting a Congressional office involved even though I brought
| it up. Just big-tech provided lawyers, not sure how effective
| they are when the process deviates from usual
| focom wrote:
| I will soon have my Canadian passport. Is the TN visa really easy
| to get at the border?
| proberts wrote:
| You need to be applying to work in one of the NAFTA-listed
| occupations and have the appropriate qualifications (generally,
| a related degree). If do, it's generally easy. It's also
| usually handled by the employer's immigration attorney.
| vethrowaway wrote:
| Hi, what would a reasonable path and timeline look like for a
| Venezuelan national (that holds a BSc in Engineering) hired by an
| U.S. software company to emigrate to the U.S. legally? Is the
| correct visa an H1B, or could something like an EB work better in
| that scenario?
| pushkar2911 wrote:
| What is a good way for someone with Canadian Citizenship but
| Indian born to move back to US? I did my MS in US and then moved
| to Canada on PR after failing to get H1B after 3 attempts. I
| don't work for FANG and work for mid sized Canadian company, so
| moving through my company is difficult.
|
| I would love to move back to US because of more employment
| opportunities than Canada.
| letitgo12345 wrote:
| TN visa
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