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I'm graduating from my PhD and starting a FAANG research role. I'm Australian and about to start in F-1 OPT status. I am interested in an EB-1 or EB-2 (possibl

I'm graduating from my PhD and starting a FAANG research role. I'm Australian and about to start in F-1 OPT status. I am interested in an EB-1 or EB-2 (possibly NIW) visa, but am concerned about a long period where I can't travel (aka re-enter). What's the practical difference between E-3 and F-1 OPT (with STEM extension) in my case? Is it easy to switch from F-1 to E-3 at the same role?

proberts 1y ago
Your green card process will have two steps, the I-140 filing and then the green card application, either in the U.S. with USCIS (known as an I-485 application) or outside the U.S. with a U.S. Consulate (known as an Immigrant Visa application). During the I-140 stage, there is some risk traveling on an F-1 or an E-3 visa (with the F-1 riskier), but this risk is relatively low and can be mitigated. One way to reduce this risk to zero is to switch to O-1 status, which as a PhD grad you probably would qualify for but your employer would need to support this. At the second stage, with an I-485 filing, whether you are in E-3, F-1, or O-1 status, you should expect to be unable to travel for at least 6 months unless you have a family emergency. With an IV application, you will be able to travel on an O-1 visa but there will be some risk traveling on an E-3 or F-1 visa (again, with the F-1 riskier).
- sophia01 1y ago
  Thank you Peter, this is super helpful!! Does your firm do immigration law consultations or do you have any that you would recommend to ask some more questions?
  - proberts 1y ago
    I'd be happy to answer some questions gratis and then refer you to another immigration lawyer for paid assistance.
    - sophia01 1y ago
      Thank you! I am wondering how narrow the focus has to be for an EB-1A. I have been involved in a wide variety of projects, some receiving a good amount of media publicity (100+ mentions across various media), others adding up to a good number of citations (100+ total citations), and I'm also involved in a startup venture that while not yet a breakaway success, is growing quickly (60k+ users, growing 50% yoy). I'm unsure if these can be molded into an appropriate form given they don't necessarily make a coherent story. I'm also wondering what the bar is for "command a high salary or other significantly high remuneration in relation to others in the field". Is a solid salary within the usual bands at a big tech enough? Or does it have to somehow be significantly higher in relation to others in a similar job position at the company?
      - proberts 1y ago
        All interesting and good questions requiring a consultation. Schedule a call with me and I can give you an initial assessment and then refer you to a good immigration lawyer.

proberts 1y ago

Your green card process will have two steps, the I-140 filing and then the green card application, either in the U.S. with USCIS (known as an I-485 application) or outside the U.S. with a U.S. Consulate (known as an Immigrant Visa application). During the I-140 stage, there is some risk traveling on an F-1 or an E-3 visa (with the F-1 riskier), but this risk is relatively low and can be mitigated. One way to reduce this risk to zero is to switch to O-1 status, which as a PhD grad you probably would qualify for but your employer would need to support this. At the second stage, with an I-485 filing, whether you are in E-3, F-1, or O-1 status, you should expect to be unable to travel for at least 6 months unless you have a family emergency. With an IV application, you will be able to travel on an O-1 visa but there will be some risk traveling on an E-3 or F-1 visa (again, with the F-1 riskier).

sophia01 1y ago
Thank you Peter, this is super helpful!! Does your firm do immigration law consultations or do you have any that you would recommend to ask some more questions?
- proberts 1y ago
  I'd be happy to answer some questions gratis and then refer you to another immigration lawyer for paid assistance.
  - sophia01 1y ago
    Thank you! I am wondering how narrow the focus has to be for an EB-1A. I have been involved in a wide variety of projects, some receiving a good amount of media publicity (100+ mentions across various media), others adding up to a good number of citations (100+ total citations), and I'm also involved in a startup venture that while not yet a breakaway success, is growing quickly (60k+ users, growing 50% yoy). I'm unsure if these can be molded into an appropriate form given they don't necessarily make a coherent story. I'm also wondering what the bar is for "command a high salary or other significantly high remuneration in relation to others in the field". Is a solid salary within the usual bands at a big tech enough? Or does it have to somehow be significantly higher in relation to others in a similar job position at the company?
    - proberts 1y ago
      All interesting and good questions requiring a consultation. Schedule a call with me and I can give you an initial assessment and then refer you to a good immigration lawyer.