proberts

17 ms·

421.
by proberts 2y ago
That's a complete unknown, unfortunately, but to be clear, short of changing the green card law, there's little that an administration can do to impact the movement of the cutoff dates.
422.
by proberts 2y ago
It's in the Constitution (14th Amendment) I would say extremely unlikely.
423.
by proberts 2y ago
The EB-5 is still an option although the process largely depends on the regional center/entity that you are going through and requires that you do real due diligence like you would any major investment. The EB-5 is also an area that at
424.
by proberts 2y ago
If you are currently employed abroad by a related company, then the L-1 visa might be an option. If you are not, then - assuming that you are not from a country with its own visa, such as Australia, Canada, Chile, Mexico, and Singapore - t
425.
by proberts 2y ago
All the time and there's no explicit revenue or funding requirement. In the O-1 context, the company-related requirements are minimal; it's much more about the applicant's/beneficiary's qualifications.
426.
by proberts 2y ago
It's good that you have flagged this potential issue but I can't advise since that's outside my area; you should consult an employment lawyer.
427.
by proberts 2y ago
The best and easiest option because your spouse is in H-1B status is to apply to change your status to dependent H-4 status using USCIS Form I-539. As long as this is filed during your grace period, you can remain in the U.S. while the appl
428.
by proberts 2y ago
Canadian and Mexican citizens have their own visa classification, the TN, and so this is almost always the first option to look at because it is often very quick and easy (and relatively cheap) to get. Other work visa options for Canadians
429.
by proberts 2y ago
Largely because of the Biden administration's policy of waiving the in-person interview requirement in marriage-based green card cases, the process has been very fast over the last 4 years, often taking less than 6 months from the time
430.
by proberts 2y ago
We had a window into the administration 8 years ago and as a result we changed the way that we assessed and prepared cases to preempt fights and we continued with this approach during the Biden administration and will continue under the new
431.
by proberts 2y ago
There's not much that an administration can do to impact the delays because they primarily are the result of statutory backlogs and demand. So, unless there is a significant change in the law or a significant drop in demand, these dela
432.
by proberts 2y ago
Yes, it still persists and can result in visa processing delays of more than one year.
433.
I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
370 points by proberts 2y ago|377 comments
434.
by proberts 2y ago
I think it will be much harder to get an H-1B petition approved, at least initially like last go-round, and there could be high salary requirements, which almost went into effect last time.
435.
by proberts 2y ago
That's a fair question. We also do a lot of pro bono work on both the family and employment side.
436.
by proberts 2y ago
Email me. There are but I have to give that some thought.
437.
by proberts 2y ago
That's a corporate law question but I'm not aware of any law prohibiting Iranian citizens from establishing a company in the U.S. and yes, once the company is established (and certain minimal/easy company-related requirements
438.
by proberts 2y ago
There's a lot that a visitor can do vis-a-vis his or her startup without crossing the unauthorized employment line. The major black line is cash compensation but there are others.
439.
by proberts 2y ago
Thanks for the kind words.
440.
by proberts 2y ago
That is very funny.
441.
by proberts 2y ago
There's really no waiting period. Startups generally can sponsor foreign nationals without issue. Certain minor and very easy company-related requirements need to be in place but that's it.
442.
by proberts 2y ago
That's very kind. I hope that all is well.
443.
by proberts 2y ago
It's really tough for Russians to get visas to the U.S. now regardless of the visa. There's no investor visa for Russians so the O-1 is probably the best option but as I noted in another thread, visa applications by Russians typi
444.
by proberts 2y ago
We represent a lot of Australians and it's definitely possible to manage applying for a green card while in E-3 status and even renewing the E-3 visa during the green card process.
445.
by proberts 2y ago
You don't currently need to be employed by the company abroad; you just need to have been employed with the company for one year out of the past three, as you note.
446.
by proberts 2y ago
I believe so but that's not really an immigration question but a banking question. I would recommend calling a couple of banks.
447.
by proberts 2y ago
On paper, it's a great option; the issue has been that it's been taking USCIS a very, very long period of time to respond and it requires the qualified U.S. investors to provide detailed and intrusive information and documents abo
448.
by proberts 2y ago
It's really impossible to say because it's all anecdotal but the options - particularly if the petition was filed with premium processing - are to point out the errors, inconsistencies, etc. in an email to a premium processing sup
449.
by proberts 2y ago
I'm not sure I understand the question. You can get DACA work authorization without a job offer and then one you have it, you don't need sponsorship by a company to work.
450.
by proberts 2y ago
There's no question that it will be faster to apply for a green card (via an I-485 application with USCIS) based on marriage.

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