proberts

17 ms·

301.
by proberts 2y ago
Unless the basis for scrapping the TN were somehow that the free trade agreement was unlawful/invalid or the TN itself were unlawful/invalid, I believe that it likely would remain valid until expiration for work purposes but proba
302.
by proberts 2y ago
Strictly speaking, the law requires a foreign national to carry proof of status. It's not something that ever has been enforced but it might be now. Such proof would be a valid passport and the most recent I-94 admission record. If
303.
by proberts 2y ago
Mind-blowing (to me)!
304.
by proberts 2y ago
The threat is real, unfortunately. Your friend should look at switching him to a work visa, such as an O-1, which as an experienced engineer, the Ukrainian employee might qualify for.
305.
by proberts 2y ago
Your understanding about the exact fit between your NIW job and a new job isn't correct. NIWs are not subject to the same portability requirements as PERM-based green card applications. That being said, when you are able to file your
306.
by proberts 2y ago
Given your qualifications, either an O-1 or E-2 (requiring an investment of Canadian money) through your own company is probably the best option.
307.
by proberts 2y ago
This has been a very active and interesting AMA so thank you everyone. I will be stopping now and returning tomorrow morning to respond to all the unanswered questions and comments.
308.
by proberts 2y ago
It's super scary and awful. Although unlikely to help, it's always worthwhile to look at employment-based visas for those in TPS status or pursuing asylum. Sometimes there are solutions. But to answer your question, my understand
309.
by proberts 2y ago
My experience like all lawyers is in the end limited and limited to my clients and cases but I can tell you that for my corporate clients looking for talent, salary is usually the least important factor, meaning that they are not looking to
310.
by proberts 2y ago
I think that the drafting of documents/forms, the development/drafting of arguments, and the creation of letters of reference are rapidly being taken over by AI and I think within a year, immigration practice will look totally dif
311.
by proberts 2y ago
The real issue in establishing a company while employed by another is that your current employer could have claims over the IP that you develop through your startup so while there are lots that one can do vis-a-vis a startup while currently
312.
by proberts 2y ago
I haven't seen adjudications of O-1 petitions becoming more difficult but my experience, like everyone's experience, is anecdotal. The regulations are unclear/inconsistent on whether a singular instance of a criterion (media,
313.
by proberts 2y ago
This really isn't an immigration question but a corporate/employment/payroll/tax question.
314.
by proberts 2y ago
My responses in order: 1. Green card applications are prospective in nature, meaning they concern what the applicant will do after getting a green card so what an applicant is doing now, before getting a green card, shouldn't matter st
315.
by proberts 2y ago
My responses in order: 1. The safest advice is to wait at least 90 days after entering the U.S. before applying for a green card; however, applying for an E-3 visa after getting married to a U.S. citizen involves some risk. If you are in th
316.
by proberts 2y ago
Excellent responses. Thank you. I would add that the O-1 and the E-2 are probably the best fits to do consulting work for multiple companies in the U.S. but the O-1 requires a relatively high level of achievement and the E-2 requires a &q
317.
by proberts 2y ago
Sometimes there are employment-based green card paths that can help for those seeking asylum but whether going down this path would allow you to travel would depend in part on your immigration history - what your status was when you came to
318.
by proberts 2y ago
This isn't really an immigration question so I would recommend that you speak with a benefits lawyer but it's always a good practice when something like this happens to submit FOIA requests with the appropriate agencies to try to
319.
by proberts 2y ago
Not at all; the job just needs to be related to the employee's education.
320.
by proberts 2y ago
In order of your questions: 1. The H-1B is easily transferrable to another company (as long as the position meets the H-1B requirements). 2. Yes, she still would eligible for the TN if you changed to H-1B. 3. That's the main reason; it
321.
by proberts 2y ago
I would never have thought that the TN would be at risk but if relations between the U.S. and Canada continue down the path that we're on, then I don't think it's out of the realm of possibility. I'm not sure how long it
322.
by proberts 2y ago
This should be an easy O-1 and you should kick off that process after you have incorporated the company (and done a few other easy company-related things).
323.
by proberts 2y ago
The last paragraph is correct and well said; as long as the trip is "brief" (that is, you haven't effectively moved to the U.S.) and your work-related activities for your European company are incidental to the primary purpose
324.
by proberts 2y ago
8-10 years might be tough but definitely speak with an attorney to talk this through. Is this your first reentry permit because you can get reentry permits totaling 5 years?
325.
by proberts 2y ago
The standard documents are proof of employment abroad (in Canada) and Canadian bank account statements showing sufficient funds to support himself or herself while in the U.S. Also, something pulling this person back to Canada, such as a sp
326.
by proberts 2y ago
A few years ago when there were a lot of layoffs at big tech, USCIS published guidance on the options for those who lost their jobs. This guidance just validated what attorneys were advising anyway but it was reassuring. Whether USCIS will
327.
by proberts 2y ago
I always tell F-1 students that if they look at the guidance from 10 different schools, they will get 10 different answers on whether and how a student on OPT and STEM OPT can start their own/can work for their own business. But the la
328.
by proberts 2y ago
It's so hard to say but looking at what they tried to do last go-round might provide some insight and this included dramatically changing the prevailing wage requirements (didn't happen) and tightening the adjudication of H-1B pet
329.
by proberts 2y ago
The answer will depend on your countries of citizenship and your qualifications and the work that you will be doing in the U.S. including whether you will be working for your own company or another company. Assuming that no country-specifi
330.
by proberts 2y ago
Not necessarily. Other documents can satisfy this requirements. What asylum documents are you referring to?

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