proberts

29 ms·

121.
by proberts 10mo ago
In the end, the new requirements - really, just the $100K payment for now - are manageable/avoidable and absent this requirement, the rules and their application haven't really changed. The bigger change, which hasn't happen
122.
by proberts 10mo ago
Whether you present a B-1 visa or ESTA for admission, you will be seeking admission as a business visitor. Under these circumstances, my advice is almost always not to risk a denial of a B-1 visa application (which happens all the time) and
123.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
228 points by proberts 10mo ago|306 comments
124.
by proberts 1y ago
Since this was USCIS error, you should be able to get it corrected without paying a filing fee by filing a Form I-90 application. You will need to mail in your green card, however, when you submit this application. Regarding travel on you
125.
by proberts 1y ago
The E-2 is very much a check the box type of visa but whether $100k is enough would depend on a number of factors so you should consult with an immigration attorney. One relative advantage of the E-2 is that spouses can work and that it is
126.
by proberts 1y ago
There are a lot of options. In the end, creating a successful business in the U.S. is the best path to a green card but more specifically, assuming that you have employees in Canada whom you are managing, opening an office in the U.S. and
127.
by proberts 1y ago
I'm not a business person so I'm not really in a position to comment but one mistake I've made - I have my own firm so I'm not too different from a startup founder - is not putting administrative/human resources inf
128.
by proberts 1y ago
The priority date is your property and only in very limited circumstances can you lose it after leaving your employer. The general rule is that the beneficiary of an I-140 petition - you - needs to wait at least 180 days after the approval
129.
by proberts 1y ago
Yes, it varies significantly from applicant to applicant. Justifying extraordinary ability is more about checking certain boxes/criteria than extraordinary ability per se and so, in the end, it's usually pretty clear whether or n
130.
by proberts 1y ago
I haven't seen that - nearly all our O-1 petitions are still getting approved - but my view like everyone's view on this is anecdotal so I don't really know. The major changes I've seen are in the NIW context and to a l
131.
by proberts 1y ago
Unfortunately, my knowledge of Canadian immigration law - and life in Canada - is very limited so I can't give an informed response.
132.
by proberts 1y ago
Not necessarily but you will have some explaining to do when you apply for a new E-3 visa again.
133.
by proberts 1y ago
Schedule an initial consultation with me and then I can refer you to a good immigration lawyer to execute the plan. The O-1 is probably your best - and only - option.
134.
by proberts 1y ago
If you are eligible for a blanket L-1B, then absolutely do it outside through a U.S. Consulate.
135.
by proberts 1y ago
All interesting and good questions requiring a consultation. Schedule a call with me and I can give you an initial assessment and then refer you to a good immigration lawyer.
136.
by proberts 1y ago
That's funny because those were my two areas as well. The way that I look at it is that criminal law is much more intellectually challenging and interesting while immigration law is pretty straightforward but the application of the la
137.
by proberts 1y ago
That's all very interesting. I will give this some thought and respond later.
138.
by proberts 1y ago
The President isn't blowing smoke - denaturalization efforts are going to increase - but there still has to be a reason, such as fraud or misrepresentation in getting her green card or citizenship or her failure to disclose a material
139.
by proberts 1y ago
If you worked pursuant to a TPS EAD, then I believe you cannot change your status to F-1 in the U.S. Definitely schedule a consultation with an immigration attorney. If you need a referral, email me.
140.
by proberts 1y ago
I will be taking a short break. Please keep the interesting questions and comments coming. Thanks.
141.
by proberts 1y ago
If he has a lot of experience, then he might have the equivalent of a bachelor's degree, which would make him potentially eligible for an H-1B visa. Also, if he's very accomplished and talented, even without a degree, he might qu
142.
by proberts 1y ago
First, the NIW standard has changed significantly recently so it might not be a good option for your wife to pursue if her profile isn't very strong since the standard as now applied looks more and more like the EB1A standard and focus
143.
by proberts 1y ago
First, while acceptance into and participation in an accelerator, particularly a well-known one, definitely moves the needle with O-1 petitions, this can't be counted on as evidence of membership or award. While B-1 status is appropri
144.
by proberts 1y ago
I see. Yes, waivers are possible but the standard for them is high and reports so far are that the vast majority of such requests are being rejected.
145.
by proberts 1y ago
It's 100% appropriate and in fact highly recommended to prepare oneself when seeking admission since the admission process can be stressful. Preparation here doesn't mean deceit; it just means being truthful but well prepared, not
146.
by proberts 1y ago
There's no need to get a new B-1/B-2 visa to attend YC if one already has such a visa. But when to try to get such visa if one doesn't have it already, whether before or after getting accepted into YC, will depend on a varie
147.
by proberts 1y ago
I'd be happy to answer some questions gratis and then refer you to another immigration lawyer for paid assistance.
148.
by proberts 1y ago
Where there was no risk, there now is some. I'm not saying don't travel but absolutely consult with an attorney before doing so because this is an evolving issue.
149.
by proberts 1y ago
The NIW (EB2) category is still backlogged and the standard as applied by USCIS has changed significantly and I would argue now isn't much easier than the EB1A, which used to be one of the reasons to pursue an NIW. With the changing s
150.
by proberts 1y ago
I believe that it already has reviewed this question and to be clear, it's not the right to give legal advice, anyone can do that, it's the right to represent others in legal proceedings and before government agencies and to char

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