proberts

24 ms·

391.
by proberts 2y ago
It's surprising to many people what backgrounds/jobs can qualify for O-1 classification so it's not inconceivable that your creation of the food truck business could be a platform to get you an O-1. This would require an O-1
392.
by proberts 2y ago
That depends on the wording of the EO but they could take effect immediately.
393.
by proberts 2y ago
The E-2 visa is usually a very good and pretty easy option as long as the investment is enough (typically at least $100k USD) and there's a good business plan. I can't comment on tax residency.
394.
by proberts 2y ago
It's very difficult to get past this issue. We have Iranian citizen clients and non-Iranian citizen clients who have visited Iran whose visitor and work visa applications have been pending for more than a year. One option is for your
395.
by proberts 2y ago
Diplomats (not all foreign nationals) and their families who remain subject to the laws of their own country.
396.
by proberts 2y ago
Not much, unfortunately, other than by applying for a green card on your own, one that's not tied to a specific employer, such as a national interest waiver (or NIW) green card application or an extraordinary ability (or EB1A) green ca
397.
by proberts 2y ago
There's no requirement to maintain a valid H-1B visa but under certain circumstances having a valid H-1B visa stamp can make it easier to change H-1B employers.
398.
by proberts 2y ago
Thanks. The law never has explicitly prohibited founders from qualifying for H-1B or TN status but there have been challenges and the changes mentioned above will make it easier for founders to qualify for H-1B status and I think make it ea
399.
by proberts 2y ago
Definitely not H-1Bs (at least no different from non-Canadians). The TN could be impacted, however. My biggest fear is that the administration will limit TN renewals to filings with USCIS (and not allow renewals with CBP) like it did years
400.
by proberts 2y ago
We represent a lot of DACA recipients and the options of moving to another status are very fact-specific, depending on their status at the time of entry, their qualifications, their country of citizenship, etc. A year isn't a lot of t
401.
by proberts 2y ago
It's not really within my area since this question concerns the rights of citizens but this is something I've been concerned about because we have a lot of LGBTQ clients who are eligible for or in the process of applying for citiz
402.
by proberts 2y ago
I've heard about those concerns but there's really no clear indication yet how asylum applicants from Russia will be treated by the new administration.
403.
by proberts 2y ago
No worries. These aren't really immigration companies but I know from experience that founders/employees living abroad can get paid directly by U.S. companies (this is a payroll issue, not an immigration one) or through third-part
404.
by proberts 2y ago
In my experience, because of the competition for talent, startups often are more open to employing foreign nationals than many large, established companies. The terms EB-1, EB-2, etc. refer to green card categories and the green card proces
405.
by proberts 2y ago
I still think it's extremely unlikely. In other immigration contexts, "subject to the jurisdiction thereof" has been interpreted to exclude only diplomats and those not subject to the laws of the U.S. even though they are in
406.
by proberts 2y ago
Schedule a consultation with me or another immigration attorney to go over your options (because a detailed analysis is required) but likely your only real option will be the O-1 and as senior SWE at big tech, you should be able to qualify
407.
by proberts 2y ago
Unfortunately, I can't provide that advice since I'm not representing you and your wife and don't "own" the case and know all the facts. All I can say generally is that it's important to provide financial docum
408.
by proberts 2y ago
That's mostly a knee-jerk ignorant position since it's oftentimes very easy, fast, and inexpensive to hire a Canadian in TN status. So it's a process of somehow getting through to someone at the company to educate them not t
409.
by proberts 2y ago
An E-3 requires a job offer but with a job offer, the E-3 is much faster, easier, and cheaper than a marriage-based green card application. After you are here, if you decide that you'd like to make your permanent home here, you can app
410.
by proberts 2y ago
I don't agree with that view/trope since my clients (granted, a limited dataset) are hiring H-1B workers because they believe that they are the best candidates.
411.
by proberts 2y ago
We've done a lot of work for satellite and space weather companies and the feeling I've gotten from my clients is that these changes will open up jobs at space/aerospace technology companies for foreign nationals but right n
412.
by proberts 2y ago
No, it's not a lost battle. Unfortunately, their ESTA applications likely will be rejected outright because of their past B-1/B-2 visa application denials. But it's still possible that they could get B-1/B-2 visas. Th
413.
by proberts 2y ago
Podcasts, blogs, posts matter little and talks are only marginally helpful. The lowest hanging criteria are essential roles for distinguished organization, high compensation, press, and judging (either serving as a reviewer for an academic
414.
by proberts 2y ago
The options are limited (H-1B, L-1, and O-1, typically) but oftentimes there's a solution; this will depend on your qualifications and the company's profile.
415.
by proberts 2y ago
The Supreme Court during Trump's last time in office upheld versions of the travel ban that covered the nationals of certain countries (Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Ven
416.
by proberts 2y ago
Sorry. This is a bit too vague. Can you focus your question/clarify your concerns?
417.
by proberts 2y ago
It is an option but it's complicated and not easy so consult an immigration attorney.
418.
by proberts 2y ago
He's promised to make a lot of changes immediately, the majority concerning illegal immigration and border security. I'd recommend going to npr.org. There are good summaries there.
419.
by proberts 2y ago
It's possible but there are a lot of factors to consider/issues at play which are impossible to go through in this forum so you and he should consult an immigration attorney.
420.
by proberts 2y ago
Sorry. My expertise is limited to U.S. immigration law.

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