proberts

21 ms·

361.
by proberts 2y ago
This depends on the reason for the 221g. Security-related reasons can take a while but often 221gs these clear quickly. What's the reason?
362.
by proberts 2y ago
For those from China and India, based on the current backlogs, the process would take about 4-5 years; for those from every other country, there is no backlog in this category so the process could take less than 1 year.
363.
by proberts 2y ago
That would require a short discussion - give and take - and I'd be happy to prepare you when you get to that point.
364.
by proberts 2y ago
If you're being serious, you should sign with an agency as a first step.
365.
by proberts 2y ago
Having a PhD is less important than the other stuff - publications, awards, etc. - so there's no need for you to wait until you graduate to start the process. As a first step, I would recommend that you get your qualifications evaluate
366.
by proberts 2y ago
For founders, the two options are EB2 national interest waiver and EB1A extraordinary ability and which path to choose will require an analysis of your background and the company. EB1A is much faster but the bar is much higher although man
367.
by proberts 2y ago
Good question and I don't know the answer but this is sure to be a battleground in the coming years, states refusing to enforce federal law or to act as agents of the federal government.
368.
by proberts 2y ago
While the publication doesn't have to be a country's or industry's largest, it shouldn't be too small and for the press to count, it must be about you and your work or quote you. Regarding your second question, I don&#x2
369.
by proberts 2y ago
I can't comment on YC and startups and while the administration likely will make changes to the H-1B law and process, I don't see major changes in how remote work is viewed and treated.
370.
by proberts 2y ago
As applied, although still high, the O-1 requirements are easier than they appear so it's always worth evaluating particularly for the founder of a business. And an O-1 can be for almost any occupation, from a hair colorist to a cancer
371.
by proberts 2y ago
Whether a new or amended TN is required depends on the job duties, not the title, so it appears that your TN should remain valid. But you should speak with your company's attorney about what you should carry with you when you travel an
372.
by proberts 2y ago
Unfortunately, these very important tax questions/considerations are outside my area of expertise.
373.
by proberts 2y ago
I'm not a fan but I haven't really analyzed the constitutionality of these provisions although the arguments I've heard regarding their unconstitutionality make sense to me.
374.
by proberts 2y ago
Very high.
375.
by proberts 2y ago
We just have to keep our eye on this because almost certainly there will be changes whether to the application process or to the application/interpretation of the regulations.
376.
by proberts 2y ago
There would have to be a visa that you qualify for that the company could sponsor you for, such as an O-1 or a country-specific visa, but given how long such a process likely would take, even if you qualified for another visa, you probably
377.
by proberts 2y ago
Without knowing all the details, it looks like you should have a solid O-1.
378.
by proberts 2y ago
I was assuming that you qualified equally for both visas but from an outcome standpoint, if the employing U.S. company doesn't qualify as a "blanket L" company, then it can be very tough to get an L-1B visa (which is for prof
379.
by proberts 2y ago
It is grayish but during the past 20 years I've only had one instance where the Consulate pushed back on the issuance of an O-1 visa because the applicant had an approved I-140. That was over 10 years ago and even in that case, the O-
380.
by proberts 2y ago
Wow. That's so nice to hear. Thanks!
381.
by proberts 2y ago
Adjudications vary considerably from land crossing to land crossing and from airport in Canada to airport in Canada but as a very general rule, it's easier to get a TN through CBP at a land crossing or airport than through USCIS but th
382.
by proberts 2y ago
That's a really good question and of concern to a lot of people. No one knows at this point but the concern is that the new administration will kill the program or at a minimum modify/restrict it.
383.
by proberts 2y ago
It's a different process for Mexicans because they're not visa exempt like Canadians and so have to get a TN visa at a U.S. Consulate.
384.
by proberts 2y ago
Yes, a COS from H-4 to H-1B is an option. However, if the H-4 COS is still pending, you might not be able to get the H-1B petition approved as a change of status but all this means is that to "activate" the approved H-1B petition,
385.
by proberts 2y ago
The main advantage of the L-1 relative to the H-1B is that there's no lottery so the U.S. company can sponsor you for an L-1 at any time. The main advantages of the H-1B relative to the L-1 is that it's transferable from one compa
386.
by proberts 2y ago
All good questions but outside my limited area of expertise (US immigration). You should consult an international tax expert.
387.
by proberts 2y ago
Great questions and comments. Thank you! I'm taking a break until around 3 pm EST and then will return for several more hours.
388.
by proberts 2y ago
Thanks. It's more complicated when the H-1B beneficiary is a founder/owner.
389.
by proberts 2y ago
Unfortunately, I just don't know and usually when I guess (because it's just a guess like everyone else), I'm wrong.
390.
by proberts 2y ago
With all due respect, the firm's data is 100% anecdotal and I would say meaningless. There's no reliable data on this question since there's no control studies (and can't be) on the relative merits of filing EB1As with o

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