proberts

10 ms·

181.
by proberts 1y ago
The best defense so to speak is to carry evidence of your status whether that's a green card or foreign passport and I-94 admission record, to have the number of a local immigration attorney whom you can call if you need to, and to be
182.
by proberts 1y ago
I haven't heard anything about this since he's taken office and I suspect that if something like this is done that it will be limited to those in certain fields and industries.
183.
by proberts 1y ago
Those organizations are "H-1B cap-exempt" organizations that are not subject to the annual H-1B lottery. Cap-exempt organizations include non-profit institutes of higher education, organizations affiliated with these institutes (
184.
by proberts 1y ago
As odd as it might sound, there seems to be an effort on the part of the DOL to speed up the processing of PERM applications, which are now taking longer than ever. From an outcome standpoint, I haven't seen an uptick in denials or ba
185.
by proberts 1y ago
My understanding is that it applies to all approved visa applications and is billed when the visa is issued. I believe that it takes effect immediately but there was some confusion about this. I will try to confirm and advise on this thre
186.
by proberts 1y ago
Thanks. Not yet. But there are reports, as I'm sure you have seen, of DHS revisiting previously approved green card and citizenship applications with an eye toward revoking them.
187.
by proberts 1y ago
Yes, because the EB2 (NIW) green card category is "backlogged," your employer will be able to file a 3-year extension (beyond your 6-year max-out date) once your NIW petition is approved.
188.
by proberts 1y ago
U.S. work authorization isn't required to work for a U.S. company if the worker will be working remotely outside the U.S. Regarding her work visa options, they are limited. The only option immediately available is the O-1 visa, which
189.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
165 points by proberts 1y ago|266 comments
190.
by proberts 1y ago
There's no limit legally; the only limiting factor is when an employer becomes an "H-1B dependent employer" and then the hiring of H-1B workers becomes much more onerous.
191.
by proberts 1y ago
Thanks for the referral!
192.
by proberts 1y ago
It's really impossible to predict; whenever I've tried, I've been wrong. This is in part because the movement is based largely on demand, which changes all the time and is unpredictable.
193.
by proberts 1y ago
I'm sure that there is abuse but from my limited perspective, I see employers using the H-1B program because they can't find qualified U.S. workers or because a foreign national is the best candidate. In essence, your question is
194.
by proberts 1y ago
There is an argument that it is harder to renew an E-2 visa when there are no employees and limited revenues than to get a new E-2 visa when there are no employees and limited revenues because a new E-2 is forward looking/potential. B
195.
by proberts 1y ago
That's the E-2 (the E-1 is the treaty trader visa and not based in investment) and most consulates require an investment of at least $100k regardless of the actual cost to get the company up and running.
196.
by proberts 1y ago
Not much more, unfortunately. You could file a mandamus action which might help but also might just be a waste of $5k to $10k. Another option is for her to get some type of work visa and then for you to sponsor her when she's here on t
197.
by proberts 1y ago
That is still an acceptable basis for admission as a business visitor but you need to be prepared to provide detail about your meetings and provide documentation regarding your intended activities, ability to support yourself while here, an
198.
by proberts 1y ago
For European founders, the O-1, E-2, and E-1 are the most common options, each with its own requirements. What you propose while on an M-1 or F-1 visa really isn't appropriate.
199.
by proberts 1y ago
I think the same. I think the major changes are with the NIW, which is now much more difficult to get.
200.
by proberts 1y ago
It's possible to renew an F-1 visa while on STEM OPT but there's some risk because a consular officer could conclude that you do not have the intent to return home to Serbia after the end of your STEM OPT. That being said, F-1 stu
201.
by proberts 1y ago
All correct. Thanks.
202.
by proberts 1y ago
It's impossible for me to say without reviewing the filing and the decision but the final merits analysis is incredibly subjective and discretionary so generally speaking, appealing on this issue is not a good idea. Again, generally s
203.
by proberts 1y ago
The PERM is still a good path generally but it's slow and cumbersome - and often the only option.
204.
by proberts 1y ago
For the H-1B, it's really just getting selected in the lottery, the actual substantive requirements aren't difficult; the J-1 is easy but with limited exceptions it's not supposed to be used for regular employment.
205.
by proberts 1y ago
Probably the O-1 for you as well but also look at the E-2 investor visa.
206.
by proberts 1y ago
Being a founder is often a path to an O-1 visa so if your partner opens her startup and it does "well," then the O-1 might be an option for her if you lose your job. There's also an E-2 investor visa, which is another potent
207.
by proberts 1y ago
They've just decided that they don't want to be in the U.S. in the current environment. They just don't see it as good place for their business or their employees.
208.
by proberts 1y ago
Unfortunately, the approved I-140 EB1C is no help here; for you to be able to stay past your 60 days grace period, you will need to get sponsored for another work visa (likely the O-1 but you need to have a discussion with an attorney) or f
209.
by proberts 1y ago
Regarding a tax accountant, email me and I can refer you a few good ones. Regarding the TN, the employer could file a petition with USCIS and then you could present the approval notice to the moving company but this process takes longer an
210.
by proberts 1y ago
I'm not sure what advice you are looking for but at a minimum make sure that your degree is considered a STEM degree for STEM OPT purposes.

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