proberts

15 ms·

271.
by proberts 1y ago
An E-2 would require some investment ($100k+) but Dutch citizens or Dutch-owned VCs but if this investment exists, then an E-2 could be a very good option. The other option would be the O-1 and as a founder of company that has had a good ro
272.
by proberts 1y ago
No issues whatsoever with respect to H-1B sponsorship but potential issues with respect to green card applications, particularly PERM-based applications because of the ability pay requirement and because of issues related to ownership/
273.
by proberts 1y ago
Unfortunately, the correct answer is No because until you have the TN, you are not legally entitled to work in the U.S. Of course, this means that you will be excluded automatically for consideration of certain jobs.
274.
by proberts 1y ago
Unless there was a finding of fraud or misrepresentation, the previous denial shouldn't impact your F-1 visa application; the requirements/standards are different. That being said, because so much is at stake for you, I would reco
275.
by proberts 1y ago
I don't think this has really expanded the organizations that qualify legally for cap exempt status (we essentially argued this before) but rather signifies a greater openness/flexibility on the part of USCIS to approve organizati
276.
by proberts 1y ago
USCIS rarely issues I-140 EADs based on compelling circumstances unless there are government/national interests at stake or significant humanitarian issues.
277.
by proberts 1y ago
See the ACLU guidance referenced in a previous comment. There's no right to counsel during routine admission. The right only arises when arrested or being investigated for a crime.
278.
by proberts 1y ago
Good question. There are a lot of repeat issues but because every person's background is different and every person's circumstances are different, every case is different, which keeps our work challenging and interesting.
279.
by proberts 1y ago
Big tech is risk averse and avoids pursuing O-1s unless there's no other option and the candidate/employee is highly valued. But I haven't seen any change yet in the adjudication of O-1 petitions. Nearly all our O-1 petitions
280.
by proberts 1y ago
Thank you. This is excellent guidance.
281.
by proberts 1y ago
The short answer is that CBP has the right to ask to see your electronic devices and you have the right to refuse but if you refuse (and you are not a U.S. green card holder or citizen), CBP likely will deny you admission and send you home.
282.
by proberts 1y ago
You still can apply for a Certificate of Citizenship but there's a cost associated with it and I really don't think it's necessary or even advisable because you are now giving the government a chance to reassess its previous
283.
by proberts 1y ago
There's no question that it's tougher now to get into the U.S., whether from Canada or another country via pre-clearance or via a land crossing, and there can be significant differences among airports and land crossings. Canadians
284.
by proberts 1y ago
Unfortunately, if you get laid off while in L-1B status before you are able to file an I-485 application, which is the last step in the green card process, you would need get no benefit from the PERM/green card process and would need t
285.
by proberts 1y ago
Yes, you probably will be pulled into secondary again but you should be able to get this cleared up in connection with future travel by filing a "complaint" with DHSTRIP. But you should only submit a complaint if and when it happe
286.
by proberts 1y ago
For me, I have about 15 30-minute calls each day with existing and potential clients during which we discuss their chances of getting temporary work visas or green cards and issues around international travel. The rest of the time, I'm
287.
by proberts 1y ago
Not yet. The main changes that we're seeing are with CBP at the ports of entry. CBP is being much more aggressive in questioning those seeking admission, including searching electronic devices and even detaining applicants. But nearl
288.
by proberts 1y ago
Expedites are available for all USCIS filings and while it's worth it to request it here, your reason isn't like to meet the expedite requirements, which are listed on the USCIS website.
289.
I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
257 points by proberts 1y ago|452 comments
290.
by proberts 2y ago
That's always a tough question because sometimes downgrading can actually slow down the process while USCIS gets around to reviewing the downgrading request. If the EB2 date isn't too far off, then it might make sense to wait. The
291.
by proberts 2y ago
Theoretically, yes under certain circumstances, but in the end, this is the school's decision and some simply won't allow it.
292.
by proberts 2y ago
It's all over the place but depends in part on how busy the particular Consulate is. For example, there are huge delays in Canada because the volume is so high.
293.
by proberts 2y ago
My responses in order: 1. When did you actually decide to marry your partner (if you've even decided)? If this decision occurred after you returned from Canada, then there's no requirement to wait 90 days. 2. Yes. 3. This is chang
294.
by proberts 2y ago
Underlying status has no bearing on green card options. Those in E-3 status can pursue green cards. The issues, which can be managed, involve traveling on an E-3 visa when in the green card process, extending E-3 status when in the green ca
295.
by proberts 2y ago
That's right, there's no need for the O-1 achievements to be from a specific country; the achievements just must meet the O-1 criteria and be documented wherever they occurred.
296.
by proberts 2y ago
Under certain circumstances, a TN could work. But the other options for Canadians would be the E-2 (requiring Canadian investment) or O-1.
297.
by proberts 2y ago
Sorry for this punting response but the details here really matter (how long she overstayed, how long she's been outside the U.S., whether you or she has any health issues, what your business does, etc.) so I would recommend consulting
298.
by proberts 2y ago
See my response above.
299.
by proberts 2y ago
So you should be able to get another reentry permit valid for another 2 years and then a third reentry permit valid for 1 more year. After that, it gets tougher and USCIS will look at various factors to gauge whether a green card holder ha
300.
by proberts 2y ago
Yes, many U.S. employers, particularly those who don't want to lose out on good candidates, sponsor new hires for O-1 and E-2 visas. It's less about a "high level achievement" and really more about checking evidentiary b

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