proberts

24 ms·

331.
by proberts 2y ago
Other than national interest waiver petitions, which were getting harder before the change in administration, I haven't seen anything getting harder and in fact it seems that USCIS is more receptive now to EB1A filings.
332.
by proberts 2y ago
They would need work visas and (assuming that they don't qualify for a country-specific visa) the potential options are the H-1B and O-1 (and possibly the E-2 depending on their countries of citizenship and other factors). Because this
333.
by proberts 2y ago
It's not guaranteed but likely yes; we've done H-1Bs (without having to go through the lottery again) for foreign nationals who haven't been in H-1B status for nearly 10 years.
334.
by proberts 2y ago
Do you mean because the E-3 visa not a dual intent visa?
335.
by proberts 2y ago
I can only respond about the potential U.S. immigration impact but there is nothing in the law at present that would allow the U.S. Government to take away your citizenship. It's unbelievably upsetting and shocking, to me at least, tha
336.
by proberts 2y ago
Yu won't receive anything in writing; sometimes by calling USCIS and escalating to a supervisor, this can be confirmed.
337.
by proberts 2y ago
If you are applying for a family-based green card while outside the U.S., then the main challenges are timing - these take longer than U.S.-based applications - and travel to the U.S. - while travel to the U.S. is fine while in the I-130 pr
338.
by proberts 2y ago
That depends entirely on what you will be doing when in the U.S. While you can't work in the U.S. as a visitor, there are lots of activities that you can engage in as a founder while in the U.S. as a visitor. See one of my responses
339.
by proberts 2y ago
That's right, for H-1B purposes, you can qualify based on a combination of education and experience (or even just experience) evaluated to be the equivalent of a 4-year U.S. bachelor's degree (in a field related to the H-1B job).
340.
by proberts 2y ago
For Australians, even Australian founders, it's always worth looking at the E-3; this is even truer now that USCIS has said that under certain circumstances founders can get H-1B visas (and the E-3 is similar to the H-1B). The other op
341.
by proberts 2y ago
Most people go the EB1C green card route after they are in the U.S. in L-1A status but that's not required; the entire green card process can be done while the applicant is outside the U.S. and not yet employed by the U.S. company.
342.
by proberts 2y ago
The 12 years of previous full-time experience has to be documented with employment verification letters and the experience needs to be at a professional level.
343.
by proberts 2y ago
That's probably the right advice, you don't have to be cautious, you can look for work while in H-4 status (or while an applicant for H-4 status). The issue is this: if you find a new H-1B employer before your H-4 change of status
344.
by proberts 2y ago
In connection with trying to start a company, there are a lot of activities that can be undertaken as a visitor without a work visa. In fact, I would say that more often than not companies founded by foreign nationals are started when they
345.
by proberts 2y ago
Until recently, I would have said that the only way a citizen could have his or her citizenship taken away was by committing treason but there has been talk by the current administration about expanding the grounds as well as increasing den
346.
by proberts 2y ago
That's extraordinarily unusual and in my experience has only happened when CBP believes that the applicant was lying or has a criminal record so I wouldn't base the decision on where/how to apply on this very low risk. Depend
347.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
300 points by proberts 2y ago|487 comments
348.
by proberts 2y ago
Thank you again for the great questions and discussion. I'm taking a break now and will return in about an hour. If I miss any questions before the AMA ends today, I'll do my best to respond tomorrow
349.
by proberts 2y ago
These tend to be pretty straightforward easy applications. There really are no gotchas in this context.
350.
by proberts 2y ago
I don't know but that's an interesting question and I would be very interested to know the answer.
351.
by proberts 2y ago
I don't think so. She's already an LPR and during his last time in office, other than some processing delays, in my experience, applications that were supposed to get approved got approved.
352.
by proberts 2y ago
This is a moving target but at a minimum any country on Trump's soon-to-be travel ban list might cause problems down the road.
353.
by proberts 2y ago
1. The EB1C has the additional requirement that the applicant's employment abroad also must have been managerial or executive (which at the end of the day means people management). This is where those who move from L-1B to L-1A sometim
354.
by proberts 2y ago
The nonimmigrant visa applications of those who get day 1 CPT tend to be scrutinized more closely but as long as the program is real, the visas eventually get issued. And the same for green card applications. While this might result in grea
355.
by proberts 2y ago
The law distinguishes between the two so from a practical standpoint for me, the answer is yes.
356.
by proberts 2y ago
I haven't seen that. The delays I've seen are for those from certain countries (such as Iran or Russia) or for those whose area of expertise/study is subject to export control laws/concerns.
357.
by proberts 2y ago
1. I would recommend applying to renew your green card as well because it's not clear how long the naturalization process will take under the new administration. Regarding potential complications, last time he was in office, I didn&#x2
358.
by proberts 2y ago
Yes, assuming that you qualify, there's no waiting period but to be clear, the EB1C petition is filed by your employer, not you.
359.
by proberts 2y ago
H-1B visa holders are tied to their sponsoring employer. Do you mean what they can do outside their H-1B employment? What other things are you interested in doing?
360.
by proberts 2y ago
An initial O-1 visa is valid for up to 3 years and can be renewed indefinitely in 1- or 3-year increments.

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