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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 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!
- egocodedinsol 3y agoWhat nonspecific advice do you have for immigrants who want to (co)found companies but are on h1b’s or student visas?
- proberts 3y agoThe 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.
- chigwe01 3y ago[dead]
- cushychicken 3y agoWhat'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 3y agoThere 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 3y agoThanks for the detailed answer!
- neodypsis 3y agoWhat is premium processing?
- matchbox 3y agoTo get the visa application processed in two weeks, else it will take up to 4 months or so.
- proberts 3y agoAll 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.
- ra7 3y agoCase 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-premium-processing https://www.uscis.gov/forms/all-forms/how-do-i-request-premi...
- Maciek416 3y agoIt's like TSA pre but for certain steps in the USCIS flow chart.
- samgray2933 3y agoWhat about cost in applying for a green card while on H-1B1?
- textread 3y agoHave any YC founders previously opted for 'citizenship based on investment programs' such as St. Kitts & Neves etc?
- proberts 3y agoI 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.
- photonbeam 3y agoGiven recent industry layoffs, is there less demand for H1B visas? Ie, is it a better time for applicants to get one through?
- proberts 3y agoThe 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.
- not-my-account 3y agoWhere is there opportunity for fraud in the H-1B system? Fake / Shell companies sponsoring workers?
- proberts 3y agoThat's it and the reason a second lottery is being run.
- legolas2412 3y agoCalling 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 3y agoIs 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.
- joey-mamba 3y agoHow 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?
- proberts 3y agoA 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.
- Detrytus 3y agoNobel Prize is your best bet :) Also, if you are an athlete then Olympic medals help. Other than that, it's all subjective.
- I_am_tiberius 3y agoAre you permitted to voice opinions here that may not endorse YC's stance?
- proberts 3y agoThere's no YC stance. I'll do my best to provide helpful, honest, and independent answers and advice.
- hdjsnxbsbsh 3y ago[dead]
- pasoevi 3y agoAre 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 3y agoThis 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 3y agoAbsolutely 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.
- pasoevi 3y agoThanks 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 3y agoNot at all. Detailed prior employment letters are enough.
- gottorf 3y ago> 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 ;-)
- next_xibalba 3y agoWhat 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 https://www.canadavisa.com/h1bowp.html
- Waterluvian 3y agoMight 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 3y agoThat's right. I can't help here. But if you need a referral to some, let me know.
- tamimio 3y agoThe 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 3y agoI 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.
- deleted 3y ago[deleted]
- hdjsnxbsbsh 3y ago[dead]
- bobolino123 3y agoWhat 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?
- Kalpeshbhalekar 3y agoI think there are legal limitations like IP and compliance for some industries that make it tricky.
- proberts 3y agoThat's right. But many U.S. companies in fact do use Deel and similar platforms to employ contractors living abroad.
- deleted 3y ago[deleted]
- SXX 3y agoAt 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.
- subtech 3y agoIf 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 3y agoAs 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.
- numair 3y agoWhat’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 3y agoThe 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.
- adamredwoods 3y agoHow do the immigration efforts change between US political regime changes? Is it easier or more challenging, or does it stay the same?
- proberts 3y agoSignificant 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 3y agoWhat 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?
- bubblethink 3y agoDonny was also very petty. He would reject forms that had blank fields instead of N/A or reject forms that were signed with Apple pencil instead of wet ink. Stuff like that.
- deleted 3y ago[deleted]
- returningfory2 3y agoI'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/h-1b-requests-for-evidence-explained/#:~:text=USCIS%20data%20indicates%20that%20the,to%2012.1%25%20in%20September%202021 https://resources.envoyglobal.com/global-immigration-compass.... [2] https://www.uscis.gov/archive/fiscal-year-2022-employment-based-adjustment-of-status-faqs https://www.uscis.gov/archive/fiscal-year-2022-employment-ba...
- duncangh 3y agoWhat 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
- sovietmudkipz 3y agoTangentially 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?
- geodel 3y agoLeave the US and apply for US immigration from their own country?
- howinteresting 3y agoThis 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.
- EduardoBautista 3y agoI did this. I left for Mexico in 2011. Best decision I ever made. Currently typing this message from San Diego, CA too.
- morpheuskafka 3y agoThere 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.
- 3y ago
- onetimeusename 3y agoIs 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 3y agoThe 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 3y agoI 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 3y agoThe State Department's website has very good information on the J-1 regarding the employer's responsibilities and the worker's rights.
- kecupochren 3y agoHow common are H1Bs for people without a degree but with 12+ years of experience? Is that a legit thing?
- PointyDog 3y agoI 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.
- tehsauce 3y ago8 years of real experience equated to 2 years of university? That is such a shame.
- pasoevi 3y agoI don't see 8 => 2. I see 3 => 1 from Peter and 4 => 1 in this answer.
- ke88y 3y agoThis 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").
- shagie 3y agoThe 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 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
- crtechmbd 3y agoIn 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 3y agoVery high in fact if handled right.
- floor_ 3y agoWhat is your opinion of software patents?
- ishan_dikshit 3y agoHey 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
- simonbarker87 3y agoUK 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?
- bonestamp2 3y agoIn 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 3y agoThanks 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 3y agoCould you elaborate on how an E2 founder could get to become an immigrant?
- proberts 3y agoMost 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.
- sanctified384 3y agoRegarding 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 3y agoWhich 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 3y agoIt'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 3y agoFor EB1 - probably Oct. For EB2/3 -- likely 15 years or more...
- itronitron 3y agoRegarding 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 3y agoUnfortunately, 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 3y agoThe 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.
- sratner 3y agoAnother option for hiring outside U.S. without a local entity is to involve a global payroll provider for a reasonable fee (we have used Papaya Global, and Rippling does it now as well for certain countries). A global payroll provider effectively acts as the "local employer" (they have a local entity in each country) and contracts out the employee to your company, so while the employment contract is with the provider, you can still sign all sorts of side-letter contracts like NDAs, IP assignments, stock grants etc without issue. Pros are that unlike a contractor, the employee is subject to local labour laws and protections. Cons are that the employee is subject to local labour laws and protections (and the employer is subject to local labour taxes, which the payroll provider will pass through to you). In certain countries with employee-favourable labour laws, we found it easier to attract employees this way, as they may be unwilling to forego the protections and social security / pension payments they would normally get as an employee. [Edit: but beware of the double edge of course - if you ever want to fire such an employee, you may run up against said strong labour laws.]
- Zetice 3y agoAre 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 3y agoThe 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.
- brianbreslin 3y agoHow 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 3y agoIsn'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 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 3y agoAll 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.
- beecafe 3y ago[dead]
- mcqueenjordan 3y agoAny 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 3y agoVery interesting but out of my wheelhouse.
- ogsalman 3y agoI 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 3y agoUnfortunately, that's outside my area unless you are asking whether a foreign national can raise money for his or her startup.
- pizzalife 3y agoHi Peter, just wanted to say thank you for navigating my complicated I-485 case and helping me get my green card!
- proberts 3y agoThat's very nice of you to say. Thanks.
- dustedrob 3y agoWhat'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 3y agoThere 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.
- adave 3y agoEB2/3 are 80+ years for India last I checked, even more if priority date is after 2019.
- rootsudo 3y agoLet'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 3y agoBecause 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.
- timestap 3y agoWhat restrictions/things to know or consider are there for Canadian founders who are on a mix of TN/H1-B visas?
- tiredofspam_k 3y agoI'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 3y agoWithout 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 3y agoThank 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 3y agoNo.
- Herdinger 3y agoHi 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 3y agoUnfortunately 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.
- Herdinger 3y agoThanks 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.
- meowmeowwoof 3y agohow are tax records examined when applying to transition from lpr to citizenship?
- proberts 3y agoDepending 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.
- PettingRabbits 3y agoHow 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 3y agoThe 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 3y ago>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.
- s_dev 3y agoDual 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?
- proberts 3y agoNo. 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 3y agoGet up to date with your taxes.
- WirelessGigabit 3y agoThey cannot deny access to US citizens, which you are. But... I hope you have been filing yearly taxes in the US...
- s_dev 3y agoI don't think I earn enough to be filing taxes in the US and there is an earned income threshold around $100k which I'm well below.
- dudul 3y agoI 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.
- deleted 3y ago[deleted]
- _corvo_ 3y agoI’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?
- proberts 3y agoYou 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_ 3y agoNo, I’m not a manager and won’t be managing any employees.
- proberts 3y agoIt'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.
- _corvo_ 3y agoThank you for your responses, appreciate you taking the time.
- cyberninja123 3y agoHi 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?
- dustedrob 3y agoMy 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 3y agoThe employer must wait at least 6 months.
- Gunnerhead 3y agoIn 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!
- proberts 3y agoI 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.
- pj_mukh 3y agoThis 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 3y agoI'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.
- raulpegan 3y agoWhat 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 3y agoGenerally 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 3y agoThank 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 3y agoSimilar within the field of software engineering or software development or even more broadly than that so I see no issue with the examples above.
- belfthrow 3y agoHey Peter. I am on an l1a (visa category eb3) when perm was filed. Just had my 140 submitted and prio date is not yet current for 485. My company said they will apply for a circumstances based ead due to l1 expiry in June 2024. Is it possible for me to move company 6 months after the 485 filing with the emergency ead for work auth, due to the l not being transferable? I know there is a 6 month wait on the 485 to trigger ac21, is it worth me doing priority 140 processing or does this not factor in? Many thanks.
- hollowturtle 3y agoAny 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 3y agoUnfortunately, no; to qualify for an L-1, your one year of employment abroad must be as an employee.
- dev_throw 3y agoThanks 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 3y agoYes. An employee can maintain nonimmigrant status while on a leave of absence for health or personal reasons.
- afr0ck 3y agoI 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 3y agoUnless 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 3y agoVery insightful! Thanks very very much Peter!
- hsjqllzlfkf 3y agoHi 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 3y agoEither the NIW (national interest waiver) or EB1A (extraordinary ability) path. Are you in the U.S. already?
- hsjqllzlfkf 3y agoI'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.
- bubblethink 3y agoNot a lawyer. It may not improve chances directly except in two regards: 1) Having a US employer with US salary would make it a little easier to satisfy some criteria (e.g., high salary in eb1a), and 2) Changing the status from one category to a green card is easier to do in the US through an adjustment of status where you can continue to work in the US based on an existing status (e.g., H1B, O1, L1, etc.). If you do everything from outside the US, you need to go through the consular processing route, which can take a year or more.
- cj 3y agoDo 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 3y agoNo 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.
- HDMI_Cable 3y agoIf 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?
- bubblethink 3y agoUS immigration is broken beyond repair. Hard to summarize all the issues in an HN comment, but you may find some of Cato's work on this relevant (e.g., https://www.cato.org/policy-analysis/why-legal-immigration-nearly-impossible https://www.cato.org/policy-analysis/why-legal-immigration-n...). Briefly, US immigration has little to no concept of merit. The simple (in theory but hard legislatively) fixes are to make it a lot more like a points based system that favours a combination of skill/education/wages instead of race or country of origin and on the worker rights front removes all dependence on the employer for immigration.
- sergiotapia 3y agoI 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 3y agoVery funny. Life is fast.
- focom 3y agoI will soon have my Canadian passport. Is the TN visa really easy to get at the border?
- proberts 3y agoYou 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.
- joker_minmax 3y agoIf 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 3y ago- 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/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html https://travel.state.gov/content/travel/en/legal/visa-law0/v... [1] https://egov.uscis.gov/processing-times/historic-pt https://egov.uscis.gov/processing-times/historic-pt
- proberts 3y agoAgreed. Generally it just makes sense to apply after getting married rather going the fiancée visa route. And expect 12 months or so.
- proberts 3y agoGreat questions and comments! Thank you. I'm going to take a break and return in 1-2 hours.
- maestrae 3y agoI'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 3y agoYes, 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.
- bkorte 3y agoHey Peter! What tech (legal and non-legal) do you use?
- andrewfurey2003 3y agoI'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?
- embwbam 3y agoMy 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 3y agoYou 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?
- embwbam 3y agoGreat, thanks! She wants to work as a first priority, but staying in the US longer than 6 months would be convenient.
- proberts 3y agoIt's going to be tough for her to get a work visa on her own doing what she does. A far-fetched option would be an O-1 through her own company or an E-2 through her own company; the former would require evidence of extraordinary ability in her field and the latter requires an investment by her of $75-100k USD.
- kashfi 3y agoAny insights for DACA? Besides the continual renewal cycles, are there any new opportunities or options? Many thanks for your time.
- xylo 3y agoI'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 3y agoNone. You don't have to use them even you get them.
- clemensley 3y agoHow 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 3y agoIf the GC holder obtains a reentry permit, then 2 years at a stretch and generally up to 5 total without issue.
- Caligula 3y agoI 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!
- proberts 3y agoYou can only apply for a reentry permit while in the U.S. so if you wanted to get one, you would need to return to the U.S. and apply and then wait to be fingerprinted or depart and return to be fingerprinted. You then can remain outside while your reentry permit application is pending.
- clemensley 3y agoIs 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?
- proberts 3y agoThat's right, the application is submitted using Form I-131. At a stretch here means a 2 year absence from the U.S. (without traveling back to the U.S.) and 5 year total means you could live abroad for 5 years without losing your green card (by getting reentry permits which can be issued for a total of 5 years).
- BeenChilling 3y agoAs 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 3y agoFor 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/ https://www.istplus.com/internshipusa/
- proberts 3y agoGood 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.
- jb12 3y agoHey, you did my E-3 visa a couple years ago! Thanks for all the hard work!
- proberts 3y agoYou are welcome!
- gnandigam 3y agoWhat 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 3y agoIf 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 3y agoI-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.
- glonq 3y agoIf 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 3y agoMost companies cover the GC costs for existing employees.
- T3RMINATED 3y ago[dead]
- thrawa8387336 3y agoHow 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 3y agoIt 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 3y agoThank 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
- somerando7 3y agoWhat 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 3y agoGet 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 3y agoGood 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 3y agoI'm confused. I thought on a TN or H1B I'm not even allowed to start a company in the US.
- ShivTheShiv 3y agoYour option A involved incorporating a Canadian company and moving to the US. My comment was on your option A. It is extremely painful to own a Canadian company and have USA tax filing obligations. If you absolutely must do this, make sure your company’s fiscal year falls on the calendar year boundary. I found the reporting onerous and chose to stay in Canada.
- someotherperson 3y agoA 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 3y agoYou'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 3y ago> 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 3y agoI 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.
- wslh 3y agoI 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 3y agoO1 or E2 visas can be attached to a company you found.
- ramraj07 3y agoWhat do you think happened with the sudden jump in EB1 backlog for India to 2012?
- letitgo12345 3y agoThey ran out of GC numbers for the year. It will probably jump back to 2022 in Oct
- contingencies 3y agoHi 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.
- throwaway63820 3y agoMy 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 3y agoYou have to be very careful here. The payments are a problem. Maybe obtain a concurrent part-time H-1B through your company.
- winter_blue 3y agoWhat 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.
- causi 3y agosince 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 3y agoI 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.
- anvuong 3y agoPretty sure that woukd be unconstitutional, freedom of movement between states is there, so that concept is just bad.
- proberts 3y agoUnfortunately, 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.
- dukeyukey 3y agoI'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 3y agoYes but it's also going to be depend on what your employer does and your role within the company.
- golergka 3y agoWhat 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?
- lelima 3y agoHello 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)
- talloaktrees 3y agonot 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
- proberts 3y agoYes, 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.
- astromeson 3y agoI 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 3y agoI 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.
- what_ever 3y agoIs Hong Kong (where GP is from) treated separately from the mainland China for GC country of birth purpose?
- morpheuskafka 3y agoYes, HK is treated as its own country for chargeability purposes, which AFAIK has never been subject to additional delays. Macau is treated as part of Portugal, so it will also never have limitations. Both of those are specifically provided by Congress as exceptions to the general rule of charging to the current sovereign of the place of birth.
- TheMagicHorsey 3y agoDoes 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?
- areyousure 3y agoHave 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 3y agoYes, I've seen delays, even significant one, although - unless there's some controlled technology at issue - I've also seen the visas issued eventually.
- karaterobot 3y agoIf you could change one thing about immigration law in the U.S., what would it be?
- mixtieboo 3y ago[dead]
- sass_saas 3y agoFrom 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?
- mavins 3y agoAs 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 3y agoMonths! 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.
- citiz3nkan3 3y agoMy 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 3y agoThere'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 3y agoThank 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.
- dogzilla 3y agoHow can the government prove a person is undocumented, if they do not answer questions (and of course they have no ID to present)?
- kingstoned 3y agoHow 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 3y agoThe 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.
- longtree 3y agoHI! 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 3y agoVery interesting but very case-specific questions which are hard to answer in writing unfortunately.
- jackall 3y agoWhat 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 3y agoThe 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.
- mynegation 3y agoCanadian 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?
- proberts 3y agoThe H-1B is subject to a lottery so that's not an option. The L-2 would give you unrestricted work authorization but would depend on your spouse maintaining her L-1 job. The TN is company-specific so you would be tied to the company. Given all this, my recommendation would be to get the L-2 (as a Canadian, this is super simple and fast) and then if for some reason your wife loses or wants to leave her job, switch to TN at that time.
- jewelry 3y agoI'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 3y agoGood 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.
- aabiji 3y agoHey 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 3y agoHey. 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.
- aabiji 3y agoThanks so much!
- EGreg 3y agoIf 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?
- EGreg 3y agoWhat 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-workers/employment-based-immigration-second-preference-eb-2 https://www.uscis.gov/working-in-the-united-states/permanent...
- neilsharma 3y agoIf 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.
- susanthenerd 3y agoI'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
- praveen9920 3y agoWhat in your opinion is required in terms of policy changes for mobility of talent?
- tapsboy 3y agoCan 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?
- alejo1000 3y agoDo you have any software you use for your practice that you would recommend other attorneys?
- proberts 3y agoMy sense is that the off-the-shelf software is largely the same. I would raise this question on AILA.
- throwaway3895 3y agoMe: 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 3y agoThere 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.
- alsodumb 3y agoHi! 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 3y agoYou 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 3y agoGood 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 3y agoNot 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.
- tshrjn007 3y agoWhat 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?
- deleted 3y ago[deleted]
- pushkar2911 3y agoWhat 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 3y agoTN visa
- proberts 3y agoThat's it. The TN is a good option but it does require a job offer from/sponsorship by a U.S. company.
- shaburn 3y agoCan I start a tech startup on an OPT visa while I work for another large tech company?
- ecec 3y agoHey 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?
- Bnjoroge 3y agoside question: has that affected your f-1 status in the U.S?(sorry couldn't be helpeful)
- ecec 3y agoNot yet (from my knowledge since I didn't receive emails about this, and I haven't leave the country yet), but I don't know what will happen next.
- proberts 3y agoAlmost certainly a single incident such as this will have no impact on your current status, the renewal process, or a green card application. This will depend in part on the maximum penalty for the offense and the penalty actually received. But really, I wouldn't worry although you should consult with an immigration attorney on this or have your defense attorney consult with an immigration attorney.
- ecec 3y agoThank you so much Peter! This is super helpful, I'm feeling more better & secure now :D
- vethrowaway 3y agoHi, 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?
- jxf 3y agoI'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 3y agoThanks. It's nice work since we get to work with so many talented and interesting people.
- iamcreasy 3y agoIt 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?
- rejectfinite 3y agoVery 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.
- stale_data 3y agoDo 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!
- Zpalmtree 3y agoI 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?
- booboo28 3y agoI 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 3y agoI 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.
- proberts 3y agoJust great stuff. Thanks again. I'm taking another break and will be back again soon.
- AlexanderTheGr8 3y agoHi 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 3y agoHaving 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-4#S-C https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-...)
- AlexanderTheGr8 3y agoYeah I completely agree. My question was more about practice than in theory. The requirements seem very subjective (define extraordinary). And so I wanted to know what are some real requirements/conditions the committee uses in real life for people who have already got O-1s.
- bubblethink 3y agoO1 is overrated and not that useful. It still needs to be sponsored by an employer, and the employer will make the determination if they want to sponsor an O1 for you. It's mainly useful if you can't make it through the H1B lottery. The criteria are subjective, but it's a lower bar than EB1A. Look at AAO decisions to get a sense of what gets rejected. The general framework for how USCIS looks at these is based on case law from Kazarian, which states that you need to satisfy the numerical criteria as a 1st step, and there is a final merits determination as a 2nd step. This was for EB1A, but USCIS also uses the same framework for O1s (although there is some litigation going on on whether Kazarian should apply to O1).
- proberts 3y agoThe O-1 standard, while high, is often a viable option and it might be here. The O-1 can support employment with another company (acting as the sponsor) or even with your own company (acting as the sponsor). Many founders are on O-1s.
- shytey 3y agoCan 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.
- barbariangrunge 3y agoWhat is the "how to work for an American company/startup as a Canadian 101"?
- no_wizard 3y agoHas 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
- TNWin 3y agoI 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?
- aced123 3y agoHi, 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!
- sbassi 3y agoBeen 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?
- proberts 3y agoIs the E-2 through your own company or another company? And what's your country of citizenship?
- askin4it 3y agoWhen my legit wife and I went to the green card interview, the examiner decided she didn't like my attitude. I'm assuming that's what tied up the case for 7 years. I think they forced a redo of the application three times with all updated documents. Seemed punitive and capricious. Question: is our experience unique? Was it a mistake to hire a lawyer from the get go? We had friends who sailed through without an attorney in months.
- jacquesm 3y agoNothing like small people with power over you. I always wonder what motivates people to behave like that but they do. Best of luck, I can't help you or have any knowledge about what to do but I hope you'll get through this. FWIW I was in Canada for a long time waiting for my immigrant status and eventually just gave up.
- proberts 3y agoYes, very unique and outrageous. I'm sorry you had to go through that. For everyone, when ridiculous things like that happen, some options are to involve your local Congressional office (often issues like this are resolved when a Congressional office makes an inquiry, particularly on local matters) or to involve the USCIS Ombudsman (which surprisingly often yields positive results).
- section212e 3y agoI'm on a J-2 with an EAD, and I'm subject to Section 212(e) (we came to the US because my wife got a Fulbright). I own 15% of a US company I have cofounded that just raised $2.5M. Is there any way to get a 212(e) waiver and get a path to a green card? The diplomatic services of my home country (in the EU) said they would give me a non-objection letter. Thank you so much for your help!
- duccinator 3y agoHello Peter, thank you for the AMA. I am an Indian undergrad from a top uni, I plan to do a startup after graduating/maybe a year of work experience (I am currently working on it as a side project). What do you think are my options for getting a VISA quickly considering I do not plan to be employed for long and am unlikely to get in via O1 or E2.
- proberts 3y agoThe easiest option is just to use your OPT to run and build your business after you graduate and then move to O-1 or rely on STEM OPT to continue to run your company or work for another.
- sacnoradhq 3y ago(Late to the party, but I'm dropping this note in a bottle.) You should meet Rajat Kuver. He taught and has a private practice now for complex family and work-related immigration cases in the SF Bay Area. Also a cool, decent guy. https://www.kuver.com https://www.kuver.com
- proberts 3y agoWas that directed to me or the larger HN community because I'm always looking for good attorneys to refer work to?
- keepamovin 3y agoIf you’re not a US citizen but you’re traveling in the US and you own a US company and you occasionally do a couple hours of work for customers (emails, , but mostly sales are automatic) do you really need to get immigration work permit paperwork like an E3 or something to legally be doing that or is it OK?
- proberts 3y agoIt depends on exactly what you do when here but if it's work, then yes, strictly speaking, you need work authorization. (Years ago, this wasn't true and one could travel to the U.S. as a business visitor to conduct business on a limited basis if employed by an entity abroad.) The problem is that such a work visa (the E-3, for example) requires a company in the U.S. to act as the petitioner/employer.
- keepamovin 3y agoThank you sir for your very generous donation of your time!
- PaywallBuster 3y agoHeard from someone you could get h1b via certifications (like AWS) without a need for a college degree, is that right?
- proberts 3y agoGenerally, that's not true. Evaluations must be based on work experience and terminal degree education as opposed to certifications.
- namank 3y agoPeter, you are a good attorney and your services are on point. But man you take forever to reply to emails. Our processing time changed while waiting for your response. Do you have plans to scale up your operation? Or maybe you can recommend other immigration lawyers? You can charge referral fees while you scale up your process.
- proberts 3y agoI've recently merged my firm with Ogletree Deakins which has over 150 immigration attorneys and over 500 immigration paralegals and support staff so we're well-staffed now.
- mindwork 3y agoFor a green card holder, with Russian girlfriend. If they get married and petition for family reunion, how long will it take her to get in US? Are there any routes to speed up this process?
- proberts 3y agoUnfortunately, there's a backlog in that green card category right now so the process would take several years based on current backlogs and processing times. There's no way to speed up the process unless she is experiencing asylum-related issues. And other than her getting sponsored for a work visa herself, there really aren't any other options.
- hexidectom 3y agoI left my previous job and got another job then applied to transfer my H1B but the application / paperwork was sent after 60 days have passed since my last day of employment, while I'm still in the US. I got the approval email from USCIS and now waiting on official document in the mail. Does that mean I'm in the clear?
- proberts 3y agoYou will need to see whether USCIS approved the petition as an extension of status or not. You can't tell that from the email notification. But it's likely that it did because typically if it didn't, the company would have received a request for evidence on that issue first. Of course, you should speak with your employer's immigration attorney about this as well.
- aagha 3y agoI don't see many questions here about the employer and their role in hiring candidates that may need some kind of visa. What kind of resources would a startup need in order to hire somebody. Also, what would the potential cost be if we found a candidate that needed an H-1B visa and we wanted to hire.