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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
I'll be here for the next 4-5 hours and then again for anther 2 hours. 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 since I won't have access to all the facts and documents. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!
- crbaker3 3y agoHi Peter, Do you have any tips for finding a good regional center? And what is the deal with all these agents/finders that want to charge $80,000 for an "Administration Fee"? Thanks, Charlie
- julianeon 3y agoHow has the immigration law situation changed in the past 10 years? Have things become easier (doubt it), harder, or much harder, to work in the US? If I had to guess from what I've heard secondhand, I would say harder.
- proberts 3y agoI think it's harder now than it was 10 years ago but not that much harder to get authorization to work in the U.S. The changes are really very specific to specific visa types and processes.
- simonw 3y agoWhat are some non-obvious mistakes we can make that might threaten our immigration status, for different classes (for example H1B vs got-a-green-card)?
- proberts 3y agoFor green cards, it's really more about what can you do to increase your chances; for nonimmigrant work visas, the main issues are (these probably aren't non-obvious, to answer your question) unauthorized employment, overstay, criminal record, and immigration fraud.
- j33zusjuice 3y agoUS immigration? If I live past tomorrow, I want to leave the US. Idk how to even start.
- deleted 3y ago[deleted]
- not_your_vase 3y agoThe grass is always greener on the other side lol Personally I am investigating how could I move to the US...
- 4death4 3y agoI’ve lived in both the US and Europe. They’re vastly different places. I wouldn’t say one is better than the other, but certain types of personalities will definitely enjoy one more than the other.
- orangepurple 3y agoIf you are talented and influential and meet the requirements don't forget about EB-1 and O-1 visas
- not_your_vase 3y agoUnfortunately I am not particularly talented nor famous, just a run of the mill code-monkey who thinks to be better than the others (but objectively that's most likely not right). Even though I am very interested in moving to the US, realistically that will remain only a plan.
- 4death4 3y agoWhat is your profession?
- orangepurple 3y agoOne does not simply leave. You need permission from your destination to reside there. Tourism is different.
- boringg 3y agoWhat are the biggest issues that you see in the immigration mechanism that the US currently has in place (in terms of tech work visas) and how can we improve upon them as a community? From your vantage point is the immigration mechanism (for tech) working effectively for its intention or does it not align with its stated intent?
- proberts 3y agoFor the most part, even if bumpy and burdensome, I think the immigration system works well (or well enough) for stars (or certain types of stars). But I don't think it works well for many others, such as talented engineers, for example, who don't meet the star definition, and for the companies that want to employ them. This was one of the purposes of the H-1B program - to allow for the employment of talented professionals - but that program seems broken because of the massive demand and the limited supply.
- alexalx666 3y agoI know it's not your specialty, but perhaps you have an informed opinion about differences between EU and US laws that govern residence permits for software developers?
- lmm 3y agoCan you see any paths to improve it? I'm sure any radical changes would upset one political side or other, but are there provisions or processes that are just lose-lose and could be adjusted without making either side unhappy?
- written-beyond 3y agoWhy aren't there easier more accessible law and accounting services for early stage Startups. We used clerky for most of our registration and setup but the other 90% was just them telling us consult an attorney. For non us founders it's almost impossible figure that out. There really should be more price accessible law and accounting services for early stage non US founders.
- proberts 3y agoI think there are but there's no one place to find them. Many lawyers in the startup space will discount or waive their legal fees when working with entrepreneurs and founders.
- awei 3y agoHello Peter, Thank you for taking the time to provide insightful answers to our questions. My question concerns EB-1 visas and greencards for extraordinary ability. The usual route to prove 'extraordinary ability' seems heavily skewed towards those with scientific publications under their belt. Would it be possible to qualify for a software engineer leaning towards tangible tech contributions, for example significant commits to open source projects and building online products with a decent user base ?
- proberts 3y agoAbsolutely! Most of the EB1As we handle are not done for scientists, they are not done for those with a significant number of impactful publications, they are done for engineers and founders.
- marymkearney 3y agoHi, yes, you're right, most of the info out there is for researchers and academics. It's not a template that fits well for makers and engineers in private industry, who actually build real things and sell them. There's an EB-1A template that works much better for proving extraordinary ability for industry accomplishments. It's just not well-known or publicized. If you have open-source commits and users for your products, then you're well on your way to a successful EB-1A portfolio. The "academic EB-1A" template is such a universal pain point for tech founders and engineers, that I just launched an online course (my first! yay) on this topic. It explains how to structure O-1s and EB-1As for industry tech and engineering specialties, not academia. https://pro.visabuilder.com/tech-toolbox-product-page https://pro.visabuilder.com/tech-toolbox-product-page
- Chandiran 3y agoWhats the best path forward for a h1b solopreneur who wants to gain some traction on the side project before quitting their full time job and going all in on an idea? Keep going and get into an accelerator and apply for an o1? Or are there new paths with the entrepreneurial parole program?
- proberts 3y agoThere are other paths but this is a complicated/lengthy/nuanced discussion that requires a call with an immigration attorney.
- marymkearney 3y agoHi, agree this is a nuanced area. I can comment generally on how other founders have threaded this needle. The IEP isn't a very mature or robust alternative at present. As you know, the H-1B category is quite strict in permitting paid work only for the H-1B employer-petitioner. It prohibits paid freelancing of any kind, including driving an Uber, running a paid Substack, working for an overseas employer, and monetizing your side project. That's the bright line you start with. So, Step 1, what can you do with your side project that keeps it in the realm of a hobby, while in H-1B status? Probably quite a lot. You can test and perfect how the thing runs. You can polish the user interface. You can talk to your target audience, every day. You can immerse yourself in how they describe the needs, hopes, fears, etc., that your product addresses. You can set up a special-interest website for it (but not on Shopify). IOW do it for fun, not for money, at first. Take it as far as you can in the special-interest realm. Get all the "hobbyist" moving parts working together. Step 2, start building your O-1 visa evidence portfolio, at the same time. Pick a niche, related either to your side project or your job, and become a subject-matter expert in that thing. Publish, do podcasts, get interviewed, do open-source, attract some "sustained acclaim." As long as you don't get paid, it's perfectly consistent with H-1B status to become an influencer in your niche specialty. Step 3, when your product's ready to monetize, you'll also be ready to incorporate, have your company sponsor you for your O-1 visa, and have an O-1 evidence portfolio ready to go. Alternatively, present yourself and your product to an accelerator, O-1 portfolio in hand. Check out the links in the "Swizec" comments above. Swizec didn't have an H-1B, as I recall, but he's absolutely cracked the code on how to build your own O-1. And with an O-1 portfolio already built, you'll have many, many options for moving forward. Long answer to short question. But it's a great question! I hope this framing might help others who are tackling this challenge also.
- m3kw9 3y agoWhat are some of the toughest part of your job?
- proberts 3y agoThe stress/burden of not messing up people's dreams of living and working in the U.S.
- dexter89_kp3 3y agoHi Peter, Would love your thoughts on the recent EO on AI and it's possible impact on immigration.
- proberts 3y agoI think the impact will be huge; it gives USCIS officer the green light when reviewing applications where there's a scientific/AI component involved.
- bubbleRefuge 3y agoA company in California wants to push me out the door unfairly and I'm a remote employee in another state and want to fight it or get some just compensation, should I consult an attorney in California or my state. ? (edit: sorry just noticed this is regarding immigration law only )
- Fin_Code 3y agoEmployment agreements are at will. Its highly unlikely you can fight this. You need agreement with your employer to continue.
- snotrockets 3y agoThis isn't necessarily true: "at will" means a legitimate termination has no notice period. Employers are not allowed to fire employees for any reason, or to have an abusive employment environment. OP: any employment lawyer could also advise you on jurisdiction.
- paxys 3y agoEmployers are absolutely allowed to fire employees for any or no reason as long as the reason isn't specifically illegal (e.g. on the basis of race or gender).
- deleted 3y ago[deleted]
- toomuchtodo 3y agoCould have a constructive dismissal case, but would need an attorney to review and confirm. Filing a Dept of Labor complaint can also help establish a paper trail, but by no means ensures success. https://webapps.dol.gov/elaws/eta/warn/glossary.asp?p=Constructive%20Discharge https://webapps.dol.gov/elaws/eta/warn/glossary.asp?p=Constr...
- lmm 3y ago
- sbolt 3y agoHi Peter, thanks for your continued presence on HN over the years! What wait times are you seeing for I-485 processing of EB-3 green cards? Are the interviews still being skipped?
- dahlio 3y agoWhat's the best practice for a founder or startup employee who is on a work visa in the US but works remotely / nomadically and doesn't have a fixed address (from an immigration perspective)? Use mailforwarding? Ask to use a friend's address? Is that frowned upon by USCIS?
- proberts 3y agoThe issue here is getting government mail. Any government notice or document also should go to the individual's lawyer, if he or she has one. Regarding your specific question, what addresses to provide will depend on the immigration form and the purpose of the question being asked and whether the applicant/beneficiary is a founder or an employee.
- holts-shoe 3y agoHi Peter, generally speaking, what is a route to consider for Canadians who are currently Software Developers and want to switch fields (ex. Product Manager) and work in the US for at a startup? TN NAFTA visa looks good although the "NAFTA Profession list" criteria is narrow (ex. doesn't include Product Manager)
- proberts 3y agoDefinitely, the TN is almost certainly the best option and the Engineer occupation can be used for Product-related positions that require a strong technical background.
- holts-shoe 3y agoExcellent, thank you
- blovescoffee 3y agoCould you advise on when it's appropriate/advisable to contract an attorney for assisting immigration?
- proberts 3y agoI'm not sure that I understand the question. Can you elaborate?
- blovescoffee 3y agoThanks for doing this. My GF is from Mexico and would like to come work in the US. It is quite the process. Paying for an attorney could be very expensive for someone from __not_the_US__. Do you have any advice on what tips the calculus such that it's worth the cost to contract an attorney?
- proberts 3y agoI see. Given the benefit and the potential for delays/problems, I definitely would go with an experienced TN attorney, not only will he or she see options where your girlfriend or a prospective employer might not, but he or she also will ensure it's done right. Also, TN visa applications tend be some of the least expensive U.S. work visas relatively speaking.
- blovescoffee 3y agoAwesome advice. thank you so much!
- vimota 3y agoIs there any path for a founder from Canada to move to the US by being employed by their company under a TN visa - especially if they don't believe they can prove O1 requirements? Why is the O1 preferred (other than permanence)?
- proberts 3y agoAn O-1 isn't preferred but oftentimes is the only option for Canadians because they don't fall within one of the NAFTA occupations or there's some disqualifying element, such as a controlling interest in the petitioning/employing U.S. entity.
- thatfoundergirl 3y agoWhat’s your take on O1 visas for company founders (from European Union) wanting to move to the US for 2-3 years, possibly opening up a business entity of their company there?
- proberts 3y agoWith some funding and a good business model, the odds of an O-1 are surprisingly strong.
- moralestapia 3y agoHi Peter, Could you shed some light about what kind of profile could apply for (and get) an O1 visa? Specifically, if I have a tech company set up in the US that's pulling some decent revenue, is it worth applying for an O1? What other circumstances come into play against/in favor of this? I've seen a lot of advisors and "influencers" all over the web saying that it's "easy". I don't think that's the case because nothing in US immigration is easy, unless your net worth is like 9 figures, maybe; but if it's not that far-fetched I may consider applying for one. Alternatively, could one sponsor its own H1B visa? I guess the actual underlying question is: if I'm an entrepreneur with a real, solid company based in the US (but I'm not in the US and not a US citizen), what is the best way for me to move there and keep working at my company?
- proberts 3y agoI wouldn't characterize an O-1 as easy but it's often within reach of talented professionals, particularly founders. At the end of the day, the issue is less about the quality of the evidence - although that matters - and more about the existence of evidence that checks at least 3 boxes/criteria. And now, with the recent public announcements from the Administration, O-1 petitions with an AI component have an even greater chance of approval.
- moralestapia 3y agoThank you, I'll definitely give it a shot.
- abra0 3y agoBonus question on O-1: what do you think are the easiest boxes to check for a talented professionals in AI? High salary and critical capacity for established organizations are a given, but what else?
- marymkearney 3y agoHi, yes those two, for sure. And certainly add "original contributions of major significance." AI specialties are generating "original contributions" thick and fast right now for engineers and data specialists. "Original contributions" is the foundational category for a tech or engineering case anyway. And trending specialties like AI are well-placed to develop solid evidence in this category. I'd also add the publications and judging categories. These are easy-win categories that are evaluated with a more lenient standard than the other 6. They're also a great way to attract "sustained acclaim" by building a reputation as a thought leader in your field. Note that the "field of endeavor" for these 2 categories in private-industry cases is industry publications, presentations, podcasts, broadcasts, and events, NOT academic publications or citation counts. (All these industry activities "count" as publications.)
- mkagenius 3y agoWhy is US having 500 days waiting time for visitors visa from India. Makes no sense. Will that wait only end if Kamala Harris becomes the prez?
- proberts 3y agoI don't know. It's a disaster and embarrassment of course. Surprisingly, other immigration processes have been fixed so I think this one will be fixed as well.
- crowcroft 3y agoFor people running a small business that is remote/can be done anywhere (a small SaaS company for example). What are their options for operating in the US? To give a specific example. An indiehacker runs their own business, and wants to move to the US, potentially with the view of trying to become a citizen at some point. They have plenty of income, don't need a job/so don't really have a visa sponsor etc. What steps should they look to take?
- proberts 3y agoWhile physically in the U.S., with very limited exceptions, a foreign national must have some form of U.S. work authorization to engage in revenue-generating activities, even if those activities are remote/virtual or occurring in another country. The default options, depending on the individual's country of citizenship (excluding those from Australia, Canada, Chile, Mexico, and Singapore, who have their own work visas), are the O-1, H-1B, and E-2.
- salamandersss 3y agoAn interesting exercise for the reader is to look up I-9 authorization, or lack thereof, checks for 1099 workers.
- crowcroft 3y agoThis is super interesting Feels like a lot of people just travel the US and work remote a bit with the expectation that they will just slip the cracks. Thanks!
- proberts 3y agoI think there's a difference from CBP's/USCIS's perspective between visiting the U.S. for brief trips for pleasure or business and continuing to work while here (for the benefit of a foreign employer or client) and traveling to the U.S. to work remotely from the U.S. (even if for the benefit of a foreign employer or client).
- aaraujo002 3y agoHi Peter! I am an ML postdoc with ~200 citations and a few papers at top ML conferences. I would like to apply for the EB2-NIW and I am wondering if it is really necessary to go through a lawyer. I have heard from a few people online who have wrote the petition themself, but from what I have gathered, most people go through lawyers. What would you recommend? Thank you.
- proberts 3y agoThat's really a question of cost-benefit because from a purely outcome standpoint, I would recommend going with someone (a lawyer) who has prepared and filed these types of applications. At a minimum, I would recommend having a lawyer review your background to see what options you have (NIW or even EB1A) and to identify any issues. Because with your focus and background, you also might qualify for EB1A.
- tschellenbach 3y agoPeter helped us many times over at getstream.io, appreciate it.
- jb12 3y agoHi Peter! You did my E3 visa a while back. When I was standing in line at the US consulate in Sydney, the person in front of me was really nervous, visibly shaking. I saw that their papers had your letterhead, so I was able to calm them down a bit by showing them my papers, which also had your letterhead. Thanks for all your hard work!
- boplicity 3y agoMaybe this is too far outside your area. I'm an American living in Canada, and am leery about the best legal structure for my business. Cross border accounting is a nightmare. Any advice?
- atlasunshrugged 3y agoIf you had a magic wand for Congress to do something to support immigration for entrepreneurs, what would you have them do?
- proberts 3y agoReally get behind the IEP program and start to review and approve good faith solid applications (those that are likely to generate jobs).
- mportela 3y agoAn H-1B person, after having extended the visa once, will need to go through the lottery again next time, right? If they have done a Master's degree in the US, will this second H-1B application go to the Master's cap quota like the first one?
- proberts 3y agoNo, with limited exceptions, once someone has been selected in the lottery, he or she won't have to go through the lottery again, whether in connection with an extension or job change.
- maxFlow 3y agoHi Peter. Thanks for your AMAs, always a source of great value. A couple of questions from me: 1. Which would you say are the top spececializations within tech that employers are most willing to sponsor visas for nowadays? 2. Would you say the willingness to sponsor tech professionals has lessened somewhat as of late? Given the economic climate, opportunities to hire remote globally, etc. 3. Are there any impactful immigration reforms we should keep a watchful eye for, vis a vis the 2024 US presidential election? Thanks & all the best.
- proberts 3y ago1. From my narrow/limited perspective, AI/ML engineers and technical product managers. 2. Again from my narrow/limited perspective, no, even with remote employment (because oftentimes those remote workers need to spend significant time in the U.S. and require work authorization). 3. I don't see any likely major changes. The action will come from executive orders and changes in the application/interpretation of law.
- kotlip 3y agoHi Peter, could frequent US visits (B2 visa, once every few weeks) affect the L1 visa process at all?
- proberts 3y agoOnly that that time doesn't count toward the one year of qualifying employment abroad and that a Consular officer might question what this individual was doing in the U.S. - that is, whether this individual was working without authorization.
- kotlip 3y agoThank you, really appreciate it!
- Eumenes 3y agoHow come India (11.8%) and China (74.5%) make up a vast majority of H1B visas? https://www.uscis.gov/sites/default/files/document/data/h-1b-petitions-by-gender-country-of-birth-fy2019.pdf https://www.uscis.gov/sites/default/files/document/data/h-1b...
- Detrytus 3y agoBoth have huge (1.5B) populations, and are shitty places to live, so a lot of people want to get out of there, and H-1B visa is one of the best ways. Huge number of applicants gives you huge number of visas granted. Also, it's the other way around: 74.5% for India, 11.8% for China
- commandlinefan 3y agoDo you get any pushback from any government organizations for sponsoring new H1B visas when millions of US citizens are unemployed and unable to find work?
- proberts 3y agoIn my experience, that issue is never raised (and there's no test-of-the-labor-market requirement in the H-1B context).
- cgb223 3y agoI’ve just started a single member LLC in SC, and I’d like to contract with a company in Florida. I will be working predominantly from SC remotely, but may end up in FL for an onsite every once in a while. Do I need to _also_ set up an LLC in Florida to make this work or is my SC LLC sufficient? If yes, do I need to do this in all 50 states if I want to do business with entities in each, or how do individuals acting as contractors handle that?
- Eumenes 3y agothis seems more like a tax question and not immigration
- BiteCode_dev 3y agoYou regularly do those AMA. My question is: what motivates you to do them? Is it to promote your services? Is it to find talents for YC? Something else?
- proberts 3y agoI really don't do anything other than work so this is a really nice change - a way to help people/give back a bit - and every time I do one, I learn something new.
- deleted 3y ago[deleted]
- cgb223 3y agoHi Peter, I’m an entrepreneur looking to start a business in the EU so I can sell to people in that market. If location in a specific country doesn’t matter to me, what’s the path of least friction to getting long term residency and a business started? the path of least friction to EU citizenship assuming my business adds value to the EU?
- codersfocus 3y agoMight want to look into Dutch American Friendship Treaty visa.
- Kim_Bruning 3y agoInteresting! I wonder if that treaty is somehow reciprocal?
- brazed_blotch 3y agoHi Peter. Which countries are the most popular destinations for founders to immigrate to, in your opinion? I've heard Dubai is the best place right now. Thanks!
- proberts 3y agoThat's a good question. My focus is the U.S. so I don't really know what the startup immigration is to other countries.
- zsdw 3y agoHey Peter, thanks for sharing your expertise Is it more advantageous in terms of processing time and outcome certainty to pursue Lawful Permanent Resident status via an Immediate Relative Immigrant Visa based on a spousal relationship, or to seek it through an Employment-Based Immigrant Visa?
- proberts 3y agoAs a general rule, definitely family-based since there's really no discretion/subjectivity.
- throwaway_ldn2 3y agoHi, what options are there for someone with dual UK / Europe (Germany) citizenship to come to the US to work (either as an employee, or to start a business) - and how long much security in staying if the job / startup doesn't work out? How costly would it be for either the individual, or the sponsoring company? Thanks!
- proberts 3y agoThere are lots of options depending on a variety factors, including this person's achievements and qualifications, the amount invested in the U.S. company, etc., such as the E-1, E-2, H-1B, and O-1 visa.
- huy-nguyen 3y agoHi Peter. 2 questions for you: 1) PERM processing time keeps getting longer and longer (now at 11 months, up from 5-6 months a few years ago). Do you know why or if DOL has any plans to improve it? 2) What’s the current average PERM-based I-485 processing time you’re seeing in your office? Any processing time advantage to submitting I-485 separately versus concurrently with I-140? Thanks.
- proberts 3y ago1. I thought that one of the purposes of the new PERM form and system was to improve the overall processing but things have only gotten worse and the expectation unfortunately is not that things will get better. 2. All over the place although the majority of employment-based I-485 applications seems to be approved within 6 months.
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- hervature 3y agoWe hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
- YiraldyGuber 3y agoIs that what you want on the tombstone? Because that's where men who forfeit everything their ancestors fought and struggled for, and who treat strangers and enemies with equality or even preference over their own children, are destined to end up.
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- yodsanklai 3y agoHi Peter, I'm a software engineer and have the opportunity to relocate to the US from Europe with a company transfer visa (been working for a US company for more than a year). Supposing I get laid off once I'm there, what are the options to stay in the US? generally speaking, how long would it take to get a green card?
- proberts 3y agoIf you lose your job or quit, you would get a 60-day "grace period" after the end of your employment to stay in the U.S. and remain in valid L-1 status. During this 60-day period, you would need to do something, that is, get sponsored by another company (maybe for an O-1 visa) or file something yourself, such as an application to change your status to visitor status. Unfortunately, the L-1 isn't transferrable to another unrelated company.
- proberts 3y agoOr leave the U.S. if you do neither.
- bestbuyer__ 3y agoHi Peter. If someone, say a Canadian, overstays their tourist visa in the states by more than 6 months and are then banned from re-entering for 3 or 10 years, what are their options for fixing their immigration situation? If they receive a job offer (TN Visa or H1B) would that fix it? Thank you
- proberts 3y agoThere are temporary waivers available.
- rosmax_1337 3y agoDo you find that northern-european immigrants end up happy after immigration to the US, given the circumstances which you meet them in? The US is quite a different social environment, while still also being quite similar to northern europe in many ways. Certainly "your field" per se, but if you follow up on clients I figured you might have a better clue than most.
- pizzalife 3y agoProbably not something Peter can answer.. but I'm from northern europe and yes, I'm happy here and would never want to go back.
- proberts 3y agoI often think about this but regardless of the country, some foreign nationals can never imagine going back to their home country and others always see their home country as their home, where they will end up. It seems more specific to the foreign national than to the home country.
- shiroiuma 3y agoSome people immigrate for purely economic reasons, others immigrate because they prefer the lifestyle and culture in the host country. The ones that always see their home country as their home, where they will end up, are in the first group. They're only immigrating for the $$$.
- bob67 3y ago[flagged]
- spandextwins 3y agoWhat are you doing to get minority and/or lgbtq immigrants helped?
- proberts 3y agoNot enough but trying to do more.
- spandextwins 3y agoIt what way, please give us more details.
- kabigon 3y agoShould my wife and I get an attorney? She has been waiting almost 15 months for GC, marriage-based. We sent in everything all at once, work permit/travel/adjustment of status. We're thinking about even mailing Katy Porter. She's from Canada, we provided plenty of proof, we did everything right and still nothing! She's desperate to just start working..as it is right now she's pretty bored just playing video games at home all day.
- proberts 3y agoYou should see if you can put in a request with USCIS (called a Service Request) and also contact your local federal Representative and ask this person to make an inquiry with USCIS (something that is not a big ask and is done all the time and sometimes seems to make a big difference).
- kabigon 3y agoThanks for the response! Unfortunately we've submitted Service Requests for each of our forms as they are past processing times. Each Service Request was met with a response that boils down to "We know. Wait longer.". We've even submitted Service Requests for a couple Service Requests that went beyond processing times for responses!! Our local fed rep in socal would probably be Katy Porter right?
- bubblethink 3y agoYou can try federal litigation. Litigation attorneys are typically different from other immigration attorneys. There are lawsuits based on unreasonable delay, but it's highly variable and will depend on your individual case. 15 months isn't that long, but there isn't a strict upper bound anyway. The best case in these lawsuits is that the government settles or issues your benefit rendering it moot. It doesn't strictly matter who your rep is. It can be a house rep or a senator. They all fill some form and it goes through the same channels.
- proberts 3y ago
- halyconWays 3y agoWhat the heck is going on where in the past three years we've had more people entering the country illegally than the entire population of 22 states, yet my extremely qualified friend from the UK (who will work in tech and pay taxes) finds it absolutely impossible to emigrate here? He'd need a big tech company to enter that visa lottery for $10k an attempt, it sounds like.
- throwaway231109 3y agoLet's say there's a disabled person (successfully employed in tech, but also receiving benefits from their own government that don't have an income threshold). Such a person is considering immigration to the US in the future. How much of a concern the "public charge" provisions should be in such a case?
- proberts 3y agoIf I understand you correctly, really no different from anyone else (although the government can take into account health).
- coldtrait 3y agoHey Peter. Can a person whose H1B visa was approved after they left the country with employer A, transfer it to employer B assuming the visa holder hasn't entered the US yet an hasn't "activated" the visa?
- AlexanderTheGr8 3y agoHi Peter, the new AI executive order mentioned easier immigration for ML/AI professionals. Does this or will it actually make immigration easier for ML/AI professionals?
- proberts 3y agoI really do think so but time will tell.
- proberts 3y agoThanks everyone. I'm going to be taking a short break.
- thewinnie 3y agoHi Peter, I'm a solo founder of software development company in USA. I've been doing everything on B1/B2 visa until goverment told me I spending too much time in USA and they cancelled my visa with recommendations to look for other options. I tried to apply for E2 during covid and it took them almost 6 months to process my case but they declined it with a general reason that they don't see enough evidance to issue E2 for me at this moment but I can re-apply anytime if my situation change. (I applied by myself without any lawyer at all) After consultations with different attorney I've been told that E2 is more for people who wants to invest but since I'm already established working business it might not be a good fit for me. And yeah they do recommend me to look on O1 1. Is it something interesting for you? Can I get paid consultation from you and maybe you'll help me? 2. Is it true that for existing established business with solo-founders E2 might be not a good fit? Thank you in advance!
- proberts 3y ago1. I'd be happy to speak with you and go through your options. 2. That's not the most important factor; we do E-2s for existing businesses and solo founders all the time.
- elevenoh4 3y agoWhat are the top items a solo software founder (of a treaty country) seeking e-2 might not have in their application/background or want in the outcome of an e-2?
- proberts 3y agoE-2s for founders are generally easy as long as there's the qualifying investment and a good business plan. Sometimes founders of very new backgrounds with limited experience run into issues but even this is rare.
- cromka 3y agoWait, you created a company in the USA while on B1/B2 visa and they voided your visa because you spent too much time, not because you opened and worked for your own company, something that is typically only possible with a permanent residency? As someone who was very religious about his H1B in the past and had given up on a couple of simple passive income ideas only because I couldn’t incorporate, I feel a bit… naive.
- ghirni 3y agoHi Peter! Thanks for doing this! 2 questions from me: 1. If the company is not able to file PERM successfully due to the layoffs and once the H1b expires. Is it possible to extend the H1b after 6 years eventhough there is no PERM filed? 2. Can companies not absolutely file for PERM during layoffs or is there like a georgraphical restriction/meaning certain number of miles that they should look at to determine if layoffs have happened? Is there a fixed number of miles/radius?
- proberts 3y ago1. No. An H-1B can only be extended beyond the 6-year max-out period by recapturing time spent outside or by being in the green card (and being far enough along in this process). 2. For layoffs to be relevant - that is, for them to impact an employer's ability to file PERM applications - they must be in the same or similar occupation as the sponsored PERM occupation and be in the same geographic area.
- rexley 3y ago1. For switching to from withholding of removal to green card by marriage what is the steps? Can this be done without representation? What is the time frame? 2. Is it possible to move from CNMI to mainland with withholding of removal? 3. For a child adopted in a United States territory, adoption already completed, what is the step after i130?
- _jules 3y agoStrange one: my parents tried to get visitors visa while I was on L visa and were denied (twice - in If it makes a difference), might they get better chances now that I have the green card? P.S. it's strange for me because they are pretty well off but nothing got checked at the embassy. Reason stated was to see me & the family (2 nephews).
- proberts 3y agoThat's surprising. They definitely should reapply. Where are they from and where do they live?
- _jules 3y agoRomanian residents & citizens. Even stranger is the fact that mom was rejected last year and the next person in the queue was a friend applying for the same visa and stating the same intention of visiting me - he was granted the visa.
- csomar 3y agoIt’s random unless there are some serious red flags. Just re-apply.
- dotBen 3y agoGreen card holder via marriage, decided after 10 years it's time to naturalize. Nothing exotic in the situation - still happily married, started a family, no legal issues, citizen of Western country etc. Is it worth retaining an immigration attorney for this? Most of my friends who have done this did it themselves and say it's a paper-filing exercise, simple test and an interview - so they think I'm being overly cautious to consider retaining counsel. What would be the considerations here, please? Thanks!
- jtarrio 3y agoNaturalized citizen here: it's not hard at all. You've had the green card for 10 years so the marriage is not even a consideration. For once, you'll be on the "friendly" side of USCIS that wants you to succeed, not the one that wants an excuse to deny.
- proberts 3y agoIf there are no issues (that is, no criminal record and no extended absences), then it's a simple and straightforward process and we advise all our clients to handle on their applications on their own and save themselves the legal fees.
- laurencerowe 3y agoI naturalized just over a year ago. I found completing the application online easy enough. I used San Francisco's free immigration legal advice line for a question about how to account for speeding tickets (the wording on the naturalization form is slightly different to that on the green card form.) You may have something similar where you live. https://www.sfhsa.org/services/immigrants-benefits/free-legal-and-citizenship-services https://www.sfhsa.org/services/immigrants-benefits/free-lega...
- refurb 3y agoUnless you have something unusual about your situation (e.g. criminal record, extensive stays outside the US, etc), it's dead simple. And if you've been in the US for 10 years, don't apply under the marriage path of 3 years residency, apply under 5 years. They basically verify you've lived in the US for 5 years (you have records of all your international travel right?), aren't a criminal and boom approved. The marriage route is a bit more complex as it can involve legitimacy of the marriage (although not much of a hurdle for most).
- aced123 3y agoHi Peter, I have a master's degree what is the best way to get a Visum in the US? How easy is it to use this higher degree to get a green card? Any experience or advice you give is, very much appreciated
- proberts 3y agoThat's going to depend on a lot of factors, such as your country of birth and citizenship, your area of expertise, your experience and achievements, etc. It's really hard to advise in general.
- aced123 3y agoGermany. Computer science and engineering. Lastly, I focus more on Ai and machine learning. Thank you very much.
- bvoq 3y agoWhy do you not move YC into a more immigration friendly country?
- kingstoned 3y agoFor E2 visa: 1. Do they look at whether you paid taxes on the income you invested (how stringent are the requirements for source of investments)? 2. What is the minimum viable investment these days? Could they approve an investment of $50k-$100k for a software business? 3. Can the money your company earned count towards investment or does it all have to be personal income of the founder?
- proberts 3y ago1. Yes, many Consulates will look into the source/basis of the investment. 2. There's no legal minimum but most Consulates want to see an investment of at least $100k with a good portion of that spent by the U.S. business before applying. 3. Generally, no.
- deleted 3y ago[deleted]
- csomar 3y agoHey. I’m from Tunisia so I can relate a bit. 1. Build travel history. If you can get a Schengen, go get it and have a short trip to Europe. 2. Get the B1/B2 visa. It’s relatively easy for north africans. If you can enter the US with it, go for it, though flights can be expensive. 3. Apply for the canadian visa. 95% you’ll be approved for it.
- proberts 3y agoGood advice. Thank you. I simply would add that you should speak with an immigration attorney to prepare you for your visa application appointment/interview since the interview is the key event in the B-1/B-2 visa application process.
- nojvek 3y agoTourist/business visas for short period is relatively easy. Have to prove you have enough funds while you’re there and will definitely come back - show you have house/apartment/family and return ticket.
- jkaplowitz 3y agoDisclaimer up front: I am neither Peter nor a lawyer. Listen to Peter if he disagrees with what I write here about the US option. If you do hire a lawyer for help on any Canadian immigration matter, make sure they are licensed in Canada, which Peter may or may nor be. Certain other authorized representatives like a Regulated Canadian Immigration Consultant (RCIC) can help you as well, but anyone who is taking your money for help on this may be breaking Canadian law if they aren't in one of these authorized categories: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigration-citizenship-representative/choose/authorized.html https://www.canada.ca/en/immigration-refugees-citizenship/se... All of the links in this comment are to official Government of Canada webpages. Doing it legally in the US is difficult, since you'd probably be breaking the law by working remotely in the US, even for a Canadian company, whether or not you're legally an employee or a contractor, without a work authorization that's infeasible to get in this context. If your activities stay within the allowed boundaries of US business visitors then it might be okay on a B-1 or B-1/B-2 visa. For example, meeting with colleagues at a company event, but not if your activities while present go beyond the definition of meetings into the US immigration law definition of work. If they do consider it as unauthorized work, you'll get refused entry (or refused the visa) and have lots of annoying consequences for future visa or travel plans. But it is probably possible to do this in Canada with full legitimacy. The first step of analyzing this is to decide whether these activities meet the Canadian immigration law definition of work: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html https://www.canada.ca/en/immigration-refugees-citizenship/co... If you are paid directly by the Canadian company, it's very possible that your activities during the trip would indeed be considered work. If you need an expert to apply the law to your specific facts, you or your employer should hire a lawyer or other authorized representative (as above). If your activities do count as work under Canadian immigration law, the next step is to see if you would be exempt from needing a work permit for this work. Here is the info on those exemptions: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit.html https://www.canada.ca/en/immigration-refugees-citizenship/co... If I am interpreting things correctly, you probably don't qualify for the business visitor exemption if you are paid directly by the Canadian company, but you might if you are paid by a foreign company, even if they are a subsidiary or parent company of the Canadian company. But most likely you would qualify for the short-term high-skilled work public policy, linked near the bottom of that page. You'll have to make sure that your job duties qualify, but as a web developer they probably do. And you'll also need to limit your trip to within the required 15- or 30-day period - probably a maximum of 30 days if you've never done this in the last year. Assuming you are exempt from a work permit, step one is to make sure you have a passport from Morocco. Then, most likely you need to apply for a Canadian visitor visa: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/about-visitor-visa.html https://www.canada.ca/en/immigration-refugees-citizenship/se... There is a exception which allows Moroccans to use the easier eTA pre-approval process in narrow circumstances, but if you have never had a visa from Canada and don't currently have a visa from the US, that exception doesn't apply. If your visitor visa is denied, unfortunately you'll have to pick somewhere else to meet. Being young and unmarried and with skills relevant to the Canadian tech industry and merely renting rather than owning a property back in Morocco is somewhat of a risk in the eyes of the visa officials, since they know it would be easy for you to overstay illegally if you were so inclined. However, they also want Canadian companies to be able to meet with their staff, of course, and nothing you're proposing is illegal. They make a judgment about what they think is likely to happen, and they could say yes. If you do finally get a Canadian visitor visa in your Moroccan passport, plan your flights to Canada. There are no direct flights from Morocco to Canada, so you will have to connect through one or more other countries. Some countries will require that you get either a visitor visa or a transit visa for that country in order to connect through that country, even if you don't plan to leave the airport there. Notably, the US has a requirement like this, so don't connect through the US unless you first get a US visitor or transit visa (harder than for Canada). Happily, although the Schengen Area of Europe normally requires a Schengen visa for Moroccans to enter, they don't require a visa for Moroccans who are just flying into a Schengen airport and then flying to a non-Schengen destination like Canada without crossing the Schengen passport control boundary. Even for nationalities where they do require a visa for that case, they allow an exception if you have a Canadian visa. So, your best bet in terms of flight routing is to have two international flights in each direction, one between Morocco and almost any European country and a second flight between that same European airport and Canada. If you need further flights within Canada, those can be booked together with the two international flights. That's most of it. Then lodging, currency, etc but this comment is long enough already. Good luck!
- sbassi 3y agois there a path the GC after 8 years living in the US? (4 under L1 and 4 under E-2)
- proberts 3y agoUnlike many other immigration systems, under the U.S. system, time in the U.S. in valid status has no bearing on the green card path/options.
- root_lib 3y agoHi Peter! I am a EU citizen with a pending I-130 to relocate to my wife to the U.S. We've been waiting for more than 7 months with no response. In the meantime I acquired a job at a U.S.-based company, although that is without visa sponsorship and I am employed through an employer of record in my country. Yet, I am wondering if there's any way how my employment might help to speed up the process, given that the company would employ me within the U.S. once I have relocated?
- temp91223 3y agoHello Mr. Roberts. Thanks for taking questions. I am currently on F-1 visa with about 1 year of STEM OPT left. I am looking into applying to Startups and only join if they are open to start EB-2 process right away. Is this something the startups will entertain or accept?
- proberts 3y agoThey oftentimes will support EB2/NIW filings in my experience but to be clear, because of the green card backlogs, almost certainly an EB2 filing won't allow you to stay past your STEM OPT; you will need another basis to live and work in the U.S.
- temp91223 3y agoThank you! I am not from a country with EB2 backlog. What do I/they need to obtain(such as Perm certification) in the EB2 application process for me to continue working past STEM OTP EAD expiration date?
- junar 3y agoEvery country is backlogged. At best, you are less backlogged than others. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-november-2023.html https://travel.state.gov/content/travel/en/legal/visa-law0/v... https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-94 https://www.uscis.gov/green-card/green-card-processes-and-pr...
- ftyers 3y agoWhat are the main things that USCIS looks at when deciding to approve an LPR application? Do they really require affidavits? How long are applications taking at the moment? And for advanced parole too?
- proberts 3y agoDo you mean marriage-based green card applications? These are super easy and fast now (less than 6 months in many cases) and don't require a lot of evidence of the bona fides of the marriage. A few affidavits can be helpful but they're absolutely not required, particularly if the other evidence is solid.
- ftyers 3y agoI meant for work-based ones. E.g. employer sponsored (by public university) ... But yes, with additional spouse dependent. (Both non-citizens, with H1B and H4 respectively)
- wrp 3y agoWhen a USA citizen meets abroad and wants to marry a non-USA citizen, with the intention of the non-USA citizen pursuing permanent residence in the USA, does it have any effect on the process which country they get married in? I've heard this and similar concerns from employees of multinationals who meet someone while at an overseas branch. They want to do what they can to avoid snags.
- zie 3y agoOnly if they pursue a Fiance Visa, which is(last I checked) usually the best way for the non-USA citizen to get their green card. A Fiance visa requires the marriage happen in the USA(after receiving the VISA).
- biggc 3y agoRecently, the K1 fiancé visa has been taking longer to process than an I-130 spouse sponsorship. I don’t have any hard numbers though.
- Firmwarrior 3y agoI was in this boat back in 2017, and a lawyer working with my FAANG company advised me off the record that our best bet was to visit the USA, and suddenly have a surge of loving feelings and spontaneously get married in a tiny impromptu ceremony. Then apply for a change of status while in the USA. I probably should have listened to her.. I did it the "right" way since I wanted to quit that job anyway. Got married abroad and filed an I-130. It took like 18 months to get it, it was nuts. I'm a native-born US citizen and my wife is from Japan, no criminal records or anything, and I was making 3-5x the national median household income this whole time, so it's not like there was anything tricky about our case. I'd recommend you just talk to a lawyer. I hired a lawyer for our case, and it was about $3k total. It would've been entirely doable without the lawyer's help, but it was easier that way and I helped fund her charity work where she helps refugees and domestic abuse victims.
- BobaFloutist 3y agoYeah what you were recommended lets you kind of "jump the line" (for fiance visas, which take forever), and as long as you consult a lawyer and approach it sensibly it's pretty much risk free.
- lgkk 3y agoHi. I’m working on early product (no fundraising yet) and my friend is on h1 and cannot work with me due to visa restrictions. Is there any option here so we can work together?
- proberts 3y agoIt depends what you mean by work. He or she cannot get paid of course but there's lots that he or she can do with regard to establishing the company, building the product, etc.
- lgkk 3y agoThanks! If he helps me build the product outside of his regular employment duties, can I give him advisory equity? As you mentioned I cannot pay him. Thank you again.
- Racing0461 3y agoDo you think anything is going to come from https://ai.gov/immigrate/ https://ai.gov/immigrate/ ?
- kecupochren 3y agoYou previously answered me that getting H1B without a degree is a thing, but one has to have their work history well documented. Could you please expand on what involves? What if the companies someone worked at no longer exist? Thanks
- proberts 3y agoThat makes it tougher of course but letters from former colleagues or supervisors also can do the trick along with other evidence such as offer letters, employment agreements, and pay records.
- cmrdporcupine 3y agoDoes the same apply for TN1?
- proberts 3y agoNo. The TN while easier in many ways is less flexible regarding alternative requirements; for nearly all TN occupations, an actual bachelor's degree, not the equivalent based on education and/or experience, is required.
- joshka 3y agoI went through this myself when joining a FAANG. A few of the companies I worked for don't exist, but I kept the original job offers, anything outlining the job duties, a post employment recommendation / HR letter and various things like that. The immigration lawyers had a different company that assessed the work experience to the standard of a university degree with a letter of recommendation.
- khaneja 3y agoThanks for the AMA Peter. Planning an O-1 to move to SF and start a startup. Can I run paid internships to support myself in the early days (before the pre-seed)?
- proberts 3y agoYou would need work authorization to take on paid internships - and there's almost certainly no work authorization option available. There have been and will be changes to the J-1 program so depending on your area of expertise and background, the J-1 might be an option but there would be complications with this if your plan is to remain in the U.S. after the J-1 internship.
- CrunchyJams 3y agoFor anyone considering working with Peter, our firm has been a client for 10 years, have sponsored 5-10 green cards and 20+ visas. Peter has been amazing to work with and we've gotten emphatic thank you notes from people we recommended to him.
- lemiant 3y agoWorked with peter for 8 years from 3 founders to 300 employees. They are great
- r-johnv 3y agoDo you know the best way to contact Peter or his firm? Looking them up online I find broken links to the firm website. I've been looking for an immigration attorney who specializes in EB1A for an early engineer in the startup founding team with a small number of publication (<30) but significant patent commercialization (2 granted patents >$2 million value). NIW is unfortunately not a good option due to the country backlog.
- araes 3y agoDo the links to/at: [ http://www.robertsimmigration.com/contact.html http://www.robertsimmigration.com/contact.html ] not work? Appears to list phone / fax / email for two offices, Connecticut and California.
- marymkearney 3y agoPeter's at a new firm: https://ogletree.com/people/peter-d-roberts/ https://ogletree.com/people/peter-d-roberts/ Media announcement: https://ogletree.com/media-center/press-releases/2023-07-17/ogletree-deakins-grows-east-coast-immigration-presence-with-the-addition-of-roberts-immigration-group/ https://ogletree.com/media-center/press-releases/2023-07-17/... I'm a colleague of Peter's. I've sent him referrals. 100% agree he's awesome. He's now even awesomer with big-firm infrastructure backing him up.
- r-johnv 3y agoThank you so much! I'm going to be reaching out, and your comments give me added confidence!
- efitz 3y agoI have a lot of friends at work that have H1B visas. They try to get green cards but the process drags out often for more than a decade. Why is it so hard for people who want to be here, and who have well paying jobs, to get green cards?
- toyg 3y agoSurely you should ask that to your Congressman, not a lawyer...
- fallingknife 3y agoBut if you are here on an H1B you don't actually have a congressman. The US citizens you are competing against do. And this is why the system works the way it does.
- kaashif 3y agoIf I have a green card I can donate to political candidates though. I don't know how many dollars is equivalent to one vote, that probably varies by candidate. So H1Bs are also competing against green card holders with more political power than them, not just citizens.
- deleted 3y ago[deleted]
- bubblethink 3y agoYou have a congressman. That is, you have representation but not suffrage rights. Congresspeople will assist with making congressional inquiries. Their political incentives are a separate matter, but even advocacy ultimately has to get to the legislature. The failures of the system aren't a result of the H1Bs v/s US Citizens dynamic. In reality, there are several different groups with their own incentives. Kind of like how failures of US healthcare isn't a patients v/s doctors dynamic.
- canucker2016 3y agoI recall hearing that the wait time for green card approval depends on the home country of the applicant. There were a lot of applicants from India when I talked with people who were getting a green card. So the wait for an Indian applicant was much longer than, say, an applicant from Canada. Not sure what the wait times are now, but I doubt the USA has caught up on the Indian wait list, esp. during/after the pandemic.
- digianarchist 3y agoI'm an L1B visa holder that will be filing I-140, I-765, I-131, I-485 concurrently in the coming months. How soon can I leave my current employer? As soon as the I-140 is approved and the EAD turns up? Assuming that my employer has communicated that they would not withdraw an approved I-140.
- proberts 3y agoWhat's the basis of the green card application, PERM labor certification or something else?
- digianarchist 3y agoEB third preference ROW with PERM.
- fgdorais 3y agoThis is more of a historical question. I have a green card now so this is not currently relevant to me. I wonder about the use of H1B vs O1 in academia. When I was doing postdocs in the US, I was often told that O1 was not the best route and H1B was easier (edit: for permanent positions). I learned from older colleagues that O1 was actually more frequent in their time (probably in the 90s). This is hearsay, of course, but I heard it often enough that seems somewhat accurate. What changed and could the H1B vs O1 balance change in the future?
- fgdorais 3y agoFWIW, my pathway was: F1, TN1, J1, H1B, green card over a period of 19.5 years... I'm thinking that wasn't optimal :-)
- proberts 3y agoThe facts will dictate which path but really an H-1B is better, it's just not an option for everyone; it's better for several reasons but primarily it's better to be in H-1B status while pursuing a green card; there are no disruptions in the ability travel during the green card process and no issues with renewing an H-1B visa during the process. Years ago, many founders with existing businesses abroad used the L-1 visa to work in the U.S. and the H-1B wasn't as difficult to get years ago. The use of the O-1 has really exploded during the past 5+ years.
- joneckhardt 3y agoI’m a professor, looking for advice on how to help international students become founders. What initial suggestions do you have? Thank you. Jon
- temp91223 3y agoHow likely an adjustment of status to H1-B from F-1 be denied due to ~120 days visa overstay that happened over a decade ago?
- fgdorais 3y agoI'm not the expert here, but AOS only applies when you're currently in the US. Has this person been in the US for over a decade without a valid status?
- temp91223 3y agoCurrently in the US. Reentered US again after visa overstay and maintained valid status since then. Current employee is planning to apply for H-1B next year. Although prior overstay length is < 180 days - the worry is still there.
- fgdorais 3y agoThere are a lot of "forgiveness rules" but they are tricky. I think you need to consult a lawyer to assess the exact situation. I hope this works out!
- proberts 3y agoThe facts matter so it's tough to advise without knowing them all but as general rule, as long as the overstay was for less than 6 months, you should be able to adjust status in the U.S.
- fht 3y agoHi Peter, PhD student here with some publications thinking about staying in academia. What do you think are the chances for a green card during the PhD i.e. EB1b or EB2NIW?
- proberts 3y agoThe facts matter but as a very general matter, there's almost always a solid basis for an EB2 NIW and even EB1A as well for those with a PhD (or far along in the PhD process).
- nonimmigrantswe 3y ago[dead]
- tw600040 3y agoI am getting conflicting opinions on this, so I will ask. My company has filed a 485 for me (currently on H1) and my wife is a dependent. My wife is currently on O1 and her company wants to file a separate 485 for her (with me as dependent) for backup. But my company's attorneys are telling me that's not recommended and it's better to withdraw one before filing another. Is that so or can 2 485s be filed?
- proberts 3y agoI agree with your company's attorneys. The other option is "interfiling," which allows the basis of the I-485 to be changed without filing a new I-485.
- cyberax 3y agoYou absolutely can file multiple concurrent I-485 petitions. I know because I had two concurrent petitions myself: an EB-5 that I filed by myself, and a regular boring EB-2 sponsored by my employer. However, this will make it almost 100% certain that your interview will not be waived. During the interview, the officer will ask you with which I-485 you will want to proceed. And you generally want to keep your case as straightforward as possible for quick adjudication, having multiple petitions will complicate it for sure. And the USCIS can take months to do anything as it is.
- yagyu 3y agoAre there good ways for US companies to host international grad students in their internship programs? How hard is it for them? Specifically I had a conversation with a few administrators at universities in Sweden and this question came up on behalf of their students. Thanks for regularly showing up here. I went EB2NIW some years ago and still get ptsd reading these threads. Hang in there everyone struggling with immigration.
- yagyu 3y ago“Hard” meaning specifically how many lawyer/HR hours, how long are the timelines, and are there other significant risks?
- proberts 3y agoThe path will depend on if these are paid or unpaid internships: if paid, then the J-1 visa is probably the best option; if unpaid, then the B-1 business visitor visa is an option. For the J-1, there's really no need for a lawyer to execute the application, just to provide advice at the outset; for the B-1, I would recommend getting legal advice and support but this won't be expensive at all.
- yagyu 3y agoThank you!
- Helmut10001 3y agoThe US companies don't have to do anything - J1 is applied by the student, he just needs a signing letter from you (German here who did this twice in 2007 and 2009). I did not have an attorney or help; just apply at the US Embassy and follow the procedure.
- doctorpangloss 3y ago1. Do you foresee significant changes in immigration policy in the next 20 years? With many working under temporary status for as much as a decade, seems more relevant than ever to predict the future. Which, I'm sure, you hate to do. But this is for fun. 2. In your opinion, is there a way to live under the regime that 10-17m illegal aliens in the US seemingly do every day, but to be an entrepreneur? Is it really going to be true that such status limits you to living in poverty, or even to the middle class? As most tech entrepreneurs fail, is it intellectually honest to say that illegal status prohibits you from being a successful entrepreneur? 3. Why is the tech industry more compliant than other industries regarding work authorization, immigration status & residency status issues? Or is it not? In your opinion, is it behind the trend compared to other industries, or ahead? In other industries, like healthcare, agriculture, education and hospitality, rules seem more lax provided the roles are vaguely lower class, but I am generalizing. What do you think is special about tech besides pay?
- proberts 3y ago1. I've been doing this a long time and major changes in immigration law are very rare and require some type of consensus among the different parties and branches. So, as much as the system needs to be fixed, I don't think the fixes will be legislative. 2. Of course, there are additional challenges but I know many entrepreneurs who are not in valid status or at one time were not in valid status. But it's tough. 3. I think because the need is so great in the tech industry and it seems that it can be hard to find the right talent.
- deleted 3y ago[deleted]
- hailmac 3y agoHope I'm not too late, thank you for doing this AMA! I would love to hear your thoughts on the 50% ownership requirement of the E-2 visa, which I imagine can be restrictive when raising capital or splitting among co-founders. Can you outline generally how you advise your clients on this? For example, do you go the route of finding investors of the same nationality as the E-2 holder? A final larger question would be does the requirement apply for the whole duration of the visa? If so, how is this tracked?
- proberts 3y agoHere, success can be an enemy of the E-2 visa if the company receives additional funding that dilutes the ownership interest below 50%. The E-2 is a great options for many founders/companies but at the outset, a contingency immigration plan should be put in place to deal with the loss of the E-2 (such as the O-1 or green card).
- codetrotter 3y agoWhat countries in South America are the most easy to immigrate to for someone from Norway?
- IG_Semmelweiss 3y agoa norwegian citizen should have no problems immigrating to most places in south america. I can think of 3 countries that will give you a passport very quickly with a simple marriage ceremony, after 1-2 years, no questions asked.
- codetrotter 3y agoI have girlfriend from a European country, so I am not looking to marry anyone else. It has to be some country where I can immigrate without too much hassle and without too much expenses, and without having to marry anyone from the country.
- zapataband1 3y agoAny hope for DACA? I get a consultation every few years but they always tell me i'll have to leave the country for consulate appointment and possibly not be allowed back in.
- hellojebus 3y agoDo you have DACA already? I've had DACA since it's beginning but just this week was approved for my green card via adjustment of status through marriage. The only caveat for me was needing to do Advance Parole before hand, otherwise I'd have to also do consulate interview.
- weilandia 3y agoHi Peter! We’re are waiting for my wife’s parents to get an interview scheduled at the Spanish embassy so they can get a green card. They are here in the US as tourists. We are close to the end of the process, but we’d like to keep them in the US if we can and just do the interview here. Is it possible?
- proberts 3y agoYes but you must consult an immigration attorney because there are some risks with this approach.
- p0rkbelly 3y agoAny insight of when the final action date when F2B -family sponsored Visas may move? Been stagnant for years and I'm one month off...
- leet_thow 3y agoIs it legal for US companies to layoff a US citizen before a visa holder if they serve an equivalent function and have equivalent qualifications?
- proberts 3y agoIt can be, yes.
- nsher3 3y agoHi peter! Im on f-1 currently had an internship within the software space as a sophomore-struggling to get one as a junior because of the after effect of the tech layoffs, most companies aren’t hiring international students anymore - with regards to immigration and your previous experience how hard do you think is it in the current light to find an actual job within graduation.
- hnaccountme 3y agoWhat are your fees like?
- Helmut10001 3y agoHi Peter, my brother and I (both based in Germany) think of founding an LLC for for renting (we became landlords through inheritance). We do not intend to immigrate to the US, but I am curious if such an LLC would help getting a permanent visa at one point? I already had a couple of US visa in the past (2x J1, 1x F-1, 1x B1/2).
- proberts 3y agoIt's unlikely that that business/LLC would help in any way from an immigration standpoint. Now, if the business started employing people and growing, it might help.
- airstrike 3y agoThanks for the AMA! Thoughts on the IER? https://www.uscis.gov/working-in-the-united-states/international-entrepreneur-rule https://www.uscis.gov/working-in-the-united-states/internati... I've heard from a few immigration attorneys from big and small firms and they basically all said they'd never worked on one and would suggest finding someone with more experience
- proberts 3y agoWe've handled a bunch of them but the program has been dead in the water. However, the Administration's call-out of this program suggests that it might be an option again.
- ghirni 3y agoI am currently on H1b. If I got laid off and went back to my home country for 2 years. After 2 years, if a US company decides to hire me back, could I come back on H1b (provided my H1b hasn't reached the limit of 6 years). Does it happen?
- proberts 3y agoYes, you should be able to; we've done this many times and even where the gap is longer.
- xanderAlek 3y ago[dead]
- d3vmax 3y agoHi Peter, Do you think for Founders, the US EB-5 Green Card Visa can be a good option? (If cost is not a problem) A recent update: The Visa availability figures for fiscal year 2024 have just been released, and the news couldn’t be better for EB-5 investors – particularly those hailing from China and India. Rather than the typical 10,000 annual EB-5 Visa quota, the allocation for 2024 has surged to 22,233 EB-5 Visas. More info: https://www.eb5united.com/updates/2023/11/additional-eb-5-visas-for-2024-over-5000-rural-set-asides/ https://www.eb5united.com/updates/2023/11/additional-eb-5-vi...
- proberts 3y agoThe EB-5 might be a good option but I'd recommend that the founders get an evaluation of their options first before proceeding with an EB5.
- world2vec 3y agoHi Peter, I'm not sure if my situation/questions are under your scope but I appreciate your time and energy on this thread. My fiance is British with an O-1 visa, currently living and working in NYC. She works in fashion, not tech. But I am a tech worker in London (EU citizen) and would love to move in with my fiance of course. Is my understanding correct that even if we marry it wouldn't allow me to legally reside and work in the US? What would be the best approach? Thanks so much.
- marymkearney 3y agoHi. If you marry, you'd qualify for the O-3 spousal visa, which allows you to live in the US, but not work in the US. It's a significant drawback to the otherwise robust O-1 work permit. You could also look into options for her EB-1A green card, which includes a derivative green card for the spouse. I'd consult a qualified immigration attorney re the timing and filing procedures. It's a great choice, but it can be tricky to sequence it correctly. If not married, you'll need your own independent work permit to live and work in NYC.
- r-johnv 3y agoHi Peter, What is the best way to contact your firm as a prospective client? I've been looking for an immigration attorney who specializes in EB1A for an early engineer in the startup founding team in robotics with significant patent commercialization and a small number of citations (2 granted patents of >$2 million value, <30 citations). NIW is unfortunately not a good option due to the country backlog. Looking at the positive comments from your current/former clients here, we'd love to get in touch!
- marymkearney 3y ago$2M in patent revenue, plus publications with buzz of 25+ citations? That's a solid foundation for an industry (not academic) O-1 or EB-1A. Full steam ahead.
- fakedang 3y agohttp://www.robertsimmigration.com/index.html http://www.robertsimmigration.com/index.html Email at the end of the page.
- marymkearney 3y agoPeter's at a new firm: https://ogletree.com/people/peter-d-roberts/ https://ogletree.com/people/peter-d-roberts/ Media announcement: https://ogletree.com/media-center/press-releases/2023-07-17/ https://ogletree.com/media-center/press-releases/2023-07-17/...
- lucasfcosta 3y agoQuick testimonial from a YC startup that had Peter's assistance for us to go to the batch earlier this year: Peter is great. He gave us great advice and helped us out with how to fill out an urgent application for a visa for my co-founder. Would highly recommend him.
- UWHomie 3y agoHi Peter! I'm a USC looking to get a India born sibling a green card under the F-4 visa. I've heard the wait times are long for the F-4 visa, does it make sense to consider alternative approaches? What would those look like?
- dingdong33 3y agoHow are you?
- Indian_in_US 3y agoHow long does H1B stay active if it hasn’t been activated by entering the US. For e.g if my H1B is selected in lottery and I have also got visa stamp but due to hiring freeze in US, I’m allowed to work in Canada for same company. Can I enter US after 1 year if the position opens up in the US for the same company with same valid H1B?
- update8887 3y agoDepressing thread. Why yall trying to be Anerican? Sadest place on earth. Great nature though. Should stay around with your folks, use *internet to create connections, invite people to visit you. Don't go there, really.
- ksoped 3y agoHi Peter, what are my employment options as a programmer who (long story short qualifies for DACA) is completely undocumented. Not a citizen, not a resident but living in the US. I'm working with a local company and doing work as a 1099 Contractor, but this along with freelance can be limiting. I would much rather work with a big(ger) company, but unfortunately I don't have work authorization. Am I right in assuming there's no way for me to get hired at a real company? Or are there workarounds I'm not aware about?
- jsoni 3y agoHey Peter! You coached me through 2 TNs, and an H1B. Thank you for everything you do!
- sombragris 3y agoThis international graduate student (on a scholarship) got a SSN and had to file taxes every year while in the US. In May of his last year, he graduated. Returned home. On Jan-Feb next year, the school mailed him the tax forms to his country for the previous fiscal year's taxes. He never completed those forms and did not file them with the IRS. He's living his life in his home country now. He lost his SSN card and he doesn't remember his SSN. 20 years later, he wants to return to the US as a tourist to visit some friends. Would that tax mishap be a problem for him? Thanks in advance.