[HN Gopher] I'm Peter Roberts, immigration attorney who does wor...
       ___________________________________________________________________
        
       I'm Peter Roberts, immigration attorney who does work for YC and
       startups. AMA
        
       Hello HN! It's been about 9 months since we've done one of these
       and it seems like time for another. Previous threads we've done:
       https://news.ycombinator.com/submitted?id=proberts.  I'll be here
       for the next 2-3 hours and then after a break of about 1 hour for
       another 2-3 hours. As usual, there are many possible topics and
       I'll be guided by whatever you're concerned with. Please remember
       that I can't provide legal advice on specific cases for obvious
       liability reasons because I won't have access to all the facts.
       Please stick to a factual discussion in your questions and comments
       and I'll try to do the same in my answers!
        
       Author : proberts
       Score  : 229 points
       Date   : 2023-07-28 15:43 UTC (7 hours ago)
        
       | brianbreslin wrote:
       | How can startups more effectively use the OPT program? (I work at
       | a university) I see a lot of graduating international students
       | who would love to stay in the US post graduation and work at
       | startups but navigating that seems difficult for startups.
        
         | morpheuskafka wrote:
         | Isn't OPT quite simple for the employer compared to H1-B, etc.?
         | 
         | For the basic OPT, you don't really do any paperwork--the
         | school and student do some paperwork and obtain an EAD that you
         | use for the I-9 form.
         | 
         | For the STEM OPT extension, you have to be participating in
         | E-Verify (required in many states anyway), and fill out a
         | training plan for the two years:
         | https://www.ice.gov/doclib/sevis/pdf/i983.pdf
         | 
         | I think the bigger issue is continuity--employers that plan to
         | convert these to other visa types for continue employment will
         | need to be planning for that from the beginning to avoid
         | interruptions.
        
           | proberts wrote:
           | All correct. It's easy to employ those in F-1 OPT and STEM
           | OPT status. And the size or newness of the company has no
           | bearing on the company's ability to employ those in F-1 OPT
           | and STEM OPT status. The main additional requirement is
           | e-verify for companies wanting to employ those is F-1 STEM
           | OPT status. But this isn't a burdensome requirement at all.
        
       | photonbeam wrote:
       | Given recent industry layoffs, is there less demand for H1B
       | visas? Ie, is it a better time for applicants to get one through?
        
         | proberts wrote:
         | The H-1B lottery this year was riddled with fraud - so much so
         | that USCIS will be conducting a second lottery soon - but it
         | appears that there was no reduction in the numbers despite
         | layoffs in certain industries.
        
           | still-old wrote:
           | Doesn't this essentially prove that these are mostly not high
           | skill positions that can't be filled but are actually just a
           | way to get high skill labor at below market rates?
        
           | not-my-account wrote:
           | Where is there opportunity for fraud in the H-1B system? Fake
           | / Shell companies sponsoring workers?
        
             | legolas2412 wrote:
             | Calling it fraud is stupid. They deliberately reduced the
             | work that is required, allowing people to file applications
             | easily and cheaply. They deliberately allow people to file
             | multiple applications, that I have not seen a single
             | legitimate employee file. This is all deliberate, not a
             | loophole or fraud.
             | 
             | Also, it is stupid to call H1B a high-skilled visa when you
             | hand it out via lotteries. I wonder if people consider
             | winning powerball as a skill?
             | 
             | But to answer your question, many people filed 10-20
             | applications each through fake companies to get H1B. The
             | H1b acceptance rate was down to 13% and more than half the
             | applications were filed by people with multiple
             | applications.
        
               | vecter wrote:
               | Is submitting multiple applications illegal? I'd have to
               | imagine that you would get caught for doing this once
               | they see the same person in the system, especially if
               | they approve the same person multiple times.
        
               | legolas2412 wrote:
               | No, not illegal at all.
        
             | proberts wrote:
             | That's it and the reason a second lottery is being run.
        
       | beecafe wrote:
       | [dead]
        
       | winter_blue wrote:
       | What do you think are the odds of any sort of _legal[1][2]_
       | immigration reform passing Congress in the near future?
       | 
       | [1] Whether that's raising the EB cap (or exempting one from the
       | EB limit & allowing AOS after 2 years of waiting).
       | 
       | [2] Delegating legal immigration control partially to the states
       | (e.g. states being able to issue EB IVs or work NIVs beyond
       | federal caps), since something like that might be more palatable
       | to some parts of the Republican party, although I'm not sure if
       | it'll be enough to overcome the general xenophobia of the GOP.
        
         | proberts wrote:
         | Unfortunately, I don't see any significant changes and I only
         | say that because fundamental change in U.S. immigration law,
         | even in the best of political times, is rare.
        
         | bubblethink wrote:
         | 1. There will be no increase in caps. AOS relief from Congress
         | is also not likely. The executive can take some minor steps in
         | making AOS a bit better depending on interest, but still
         | unlikely.
         | 
         | 2. Not happening. Nothing is getting through Congress anyway.
        
         | causi wrote:
         | _since something that might be more palatable to some parts of
         | the Republican party,_
         | 
         | Quite unlikely. The line would be "California will just let
         | everybody in and send 'em to our state!"
        
           | winter_blue wrote:
           | I suppose Congress could create a concept of state-level
           | permanent residence, but even then, if those permanent
           | residents are allowed to become U.S. citizens, then they
           | would be able to freely move to a red state, which the GOP
           | again might find unpalatable. One finer point on this is that
           | if state immigration policies are structured around a skills-
           | based points-ranking, the prospective immigrants would all
           | likely be high-income earners, who are fluent in English.
           | It's an open question if such immigrants (especially, the
           | ones who are not white) would still get treated like an
           | unwanted anathema by GOP-led states.
        
       | mcqueenjordan wrote:
       | Any advice for an US citizen expat who wants to found while
       | living abroad? (Tokyo, Japan)
       | 
       | e.g. About whether to incorporate locally or in the U.S., and
       | that sort of thing -- anything unique to an expat situation.
       | 
       | (This may be out of your wheelhouse, but I figured I'd ask.)
        
         | proberts wrote:
         | Very interesting but out of my wheelhouse.
        
       | pasoevi wrote:
       | Are there cases where someone without any university degree has
       | been able to obtain H1B visa? E.g. by having years of experience
       | but no degree.
        
         | PointyDog wrote:
         | This was my path, so it's possible. I dropped out after year
         | two of my degree to join a startup and worked for 10 years in
         | industry.
         | 
         | I converted 8 years of that experience to 2 years of a
         | bachelor's degree to make the full 4 required, and had a
         | University professor provide a letter of endorsement.
         | 
         | I was applying from Europe, and even then it was apparently a
         | fairly expensive process for my sponsor.
        
           | proberts wrote:
           | Absolutely correct. The requirement is a four-year U.S.
           | bachelor's degree or it's equivalent which can be a foreign
           | degree or a combination of education and experience (or even
           | just experience) evaluated to be the equivalent of a U.S.
           | bachelor's degree. The rule of thumb is that 3 years of
           | professional experience is the equivalent of 1 year of
           | college education.
        
             | gottorf wrote:
             | > The rule of thumb is that 3 years of professional
             | experience is the equivalent of 1 year of college
             | education.
             | 
             | I know you don't make the rules, but on the surface it
             | would seem that these numbers are switched around ;-)
        
               | proberts wrote:
               | You're probably right!
        
             | pasoevi wrote:
             | Thanks for the clear answer! is proving the years of
             | experience usually difficult? e.g. references from 12 years
             | ago can be hard to get (although I have those 11 years ago
             | myself).
        
               | proberts wrote:
               | Not at all. Detailed prior employment letters are enough.
        
       | dukeyukey wrote:
       | I'm a UK-based software engineer with 6 years experience in a few
       | domains e.g. telecoms, fintech, legaltech - could I realistically
       | get a National Interest Waiver for an EB-2 visa? I don't have any
       | citations or academic profile beyond a undergrad degree, and that
       | seems to be the focus.
        
         | proberts wrote:
         | Yes but it's also going to be depend on what your employer does
         | and your role within the company.
        
       | areyousure wrote:
       | Have you (or anyone else) seen any issues with Russian citizens
       | (including those not even located in Russia) having issues
       | obtaining visas to the United States (or other countries)?
        
         | proberts wrote:
         | Yes, I've seen delays, even significant one, although - unless
         | there's some controlled technology at issue - I've also seen
         | the visas issued eventually.
        
       | aabiji wrote:
       | Hey Peter, I'm currently in high school in Canada and I know that
       | I want to live my life in the US. Ideally I would also like to
       | school in a US university. I also don't have any familial ties in
       | the US. As an immigration attorney, could you map out how I could
       | immigrate to the US, in terms of the visa I need and the process
       | of acquiring a green card? Thank you for your time.
        
         | proberts wrote:
         | Hey. Probably the best way is to go to university in the U.S.
         | on an F-1 visa. The challenge is the strict limitations on
         | working when attending school but after you graduate, you will
         | get 1-3 years of largely unrestricted work authorization and
         | the TN as a work option as well. Or go to university in Canada
         | and then when you graduate, work in the U.S. on a TN.
        
       | next_xibalba wrote:
       | What are you seeing in terms of impact of the Canadian Open Work
       | Permit for U.S. H-1B Visa Holders? Has there been a large volume
       | of talent moving to Canada from U.S. tech centers?
       | 
       | Edit: It looks like the 10,000 person cap was already hit [1]. Do
       | you think there is a huge demand beyond the 10k cap?
       | 
       | [1] https://www.canadavisa.com/h1bowp.html
        
         | Waterluvian wrote:
         | Might need to ask a Canadian immigration attorney. I've reached
         | out to a few in the family and will report back if they have
         | anything to say.
         | 
         | Edit: sorry. Got the "not that kind of lawyer" response. They
         | do refugees.
        
           | proberts wrote:
           | That's right. I can't help here. But if you need a referral
           | to some, let me know.
        
         | tamimio wrote:
         | The might did it out of desperation, but soon they will realize
         | it was mostly a mistake due to low wages, high prices of goods
         | and taxes, very limited opportunities and funding for small
         | businesses, limited market, and obviously the harsh weather is
         | the cherry on top.
        
           | websap wrote:
           | I know many of my friends who used to work at Meta, Google,
           | Amazon, etc. who have applied for this visa, or Canadian PR
           | to move away from the US. People prefer having the emotional
           | safety of not having to uproot their lives when they lose
           | their job, over a few more bucks.
           | 
           | People at senior levels in big tech are now earning 400k CAD.
           | That should afford a nice life.
        
       | praveen9920 wrote:
       | What in your opinion is required in terms of policy changes for
       | mobility of talent?
        
       | EGreg wrote:
       | If someone comes to the US on a tourist visa for 6 months, but
       | then sends documentation to extend their stay based on another
       | status, can they stay while it's being evaluated, even if it
       | takes more than 6 months? If it is rejected, how soon afterwards
       | would they have to leave, and will their stay be held against
       | them?
        
       | Zetice wrote:
       | Are there courses in law school that prepare you well for this
       | specific kind of law work, or did you learn most of what you do
       | through working with folks who had the necessary expertise that
       | could then be passed along through training?
        
         | proberts wrote:
         | The latter. It's really an apprenticeship process but that's
         | really how it is for most areas of law. Law school really
         | teaches one how to think critically and to write.
        
       | proberts wrote:
       | Great questions and comments! Thank you. I'm going to take a
       | break and return in 1-2 hours.
        
       | sergiotapia wrote:
       | I dread seeing your threads as it flags a significant amount of
       | time has passed. (This is the fourth one I've seen) Tangible
       | passage of time! Thanks for doing these btw.
        
         | proberts wrote:
         | Very funny. Life is fast.
        
       | hdjsnxbsbsh wrote:
       | [dead]
        
       | ishan_dikshit wrote:
       | Hey Peter, I want to learn more about the H1B program, why it is
       | broken, and the bottlenecks and incentives for fixing it. Is
       | there a resource you recommend? Something to ramp up on this
       | corner of immigration policy?
       | 
       | Thanks for doing this! Apologies for the generic question
        
       | bobolino123 wrote:
       | What are the reasons to bring people to san fransisco in the
       | first place and deal with immigration problems? Why can't
       | startups just use a payroll provider like deel and have a semi-
       | global team?
        
         | SXX wrote:
         | At least founders team often can't be semi-global. A lot of VCs
         | simply wouldn't bother working with you if some people on your
         | board are not from US and it's even worse if someone live in
         | some developing country. For them it's too much risk.
        
         | Kalpeshbhalekar wrote:
         | I think there are legal limitations like IP and compliance for
         | some industries that make it tricky.
        
           | proberts wrote:
           | That's right. But many U.S. companies in fact do use Deel and
           | similar platforms to employ contractors living abroad.
        
         | [deleted]
        
       | mirkodrummer wrote:
       | Any option to apply to something like L-1 after doing remote work
       | for years from the EU for a US company? I'm not an employee, just
       | a freelance and the company doesn't have a subsidiary here
        
         | proberts wrote:
         | Unfortunately, no; to qualify for an L-1, your one year of
         | employment abroad must be as an employee.
        
       | golergka wrote:
       | What level of public contributions are required for a software
       | engineer to get a dual intent talent visa to US? And what kind of
       | agencies can help with this?
        
       | EGreg wrote:
       | What are the requirements for an ordinary worker, who isn't
       | necessarily "amazing", to get a work visa sponsored in the USA?
       | The employer has to conduct a bona fide search locally and show
       | that they were unable to find a local worker to do the job as
       | well as the remote worker? What if the remote worker was already
       | working remotely, and knows a lot of the codebase etc. ?
       | 
       | Would something like this visa be most appropriate:
       | https://www.uscis.gov/working-in-the-united-states/permanent...
        
       | tapsboy wrote:
       | Can we sue the USCIS for not making an interview slot available
       | for a family based greencard application and then rejecting the
       | application because we didn't attend the interview before the
       | time limit?
        
       | karaterobot wrote:
       | If you could change one thing about immigration law in the U.S.,
       | what would it be?
        
       | floor_ wrote:
       | What is your opinion of software patents?
        
       | subtech wrote:
       | If an international student is on a stem opt extension (24
       | months) that just started, and does YC, is it possible for them
       | to get a green card before the stem opt expires?
        
         | proberts wrote:
         | As a general rule, an F-1 student on OPT can apply for a green
         | card. There are backlogs in all green card categories right now
         | and this is really what determines the length of the process.
         | So, assuming the backlogs don't change in any significant way,
         | those in the highest category (EB1) from countries other than
         | India or China could get their green card within 2 years but
         | those in a lower category (EB2 or EB3) or from India or China
         | should expect the process to take longer than 2 years.
        
       | kashfi wrote:
       | Any insights for DACA? Besides the continual renewal cycles, are
       | there any new opportunities or options? Many thanks for your
       | time.
        
       | jxf wrote:
       | I'm a US citizen, but just wanted to say thank you for your work
       | in helping others immigrate to the US. Our system is both complex
       | and complicated, and the legal and administrative staff who help
       | immigrants and prospective immigrants navigate it are doing
       | difficult but necessary work.
        
         | proberts wrote:
         | Thanks. It's nice work since we get to work with so many
         | talented and interesting people.
        
       | lelima wrote:
       | Hello Peter, I'm Italian and my wife it's American, we're living
       | in Ireland,
       | 
       | What do I need to do for having a work permit in the US? and can
       | the process be in Ireland?
       | 
       | we would like to move once I get a job (the job ask if I can
       | legally work there)
        
         | proberts wrote:
         | Yes, you could obtain a marriage-based green card but because
         | you are outside the U.S., you would need to go through the U.S.
         | Embassy in Dublin and this process can take a year or longer.
         | While waiting, you wouldn't receive a work permit. That benefit
         | is only available if you apply while you are in the U.S. with
         | USCIS.
        
         | talloaktrees wrote:
         | not a lawyer, but since your spouse is american you should be
         | able to apply for a green card and have permanent residency and
         | work rights
        
       | ogsalman wrote:
       | I want to raise money from private investors (Angels only) no
       | VCs. What is the easiest way to do that? I have a
       | following/audience that I want to raise money from. Can I do this
       | all through SAFEs? Can you please give me what's the best way to
       | go on about this?
        
         | proberts wrote:
         | Unfortunately, that's outside my area unless you are asking
         | whether a foreign national can raise money for his or her
         | startup.
        
       | xylo wrote:
       | I'm currently on H1B. I'm getting married soon to the US citizen
       | so I'm planning to apply for marriage based green card. Are there
       | any downsides to apply for EAD(I-765) and Advance parole(I-131)
       | along with I485?
        
         | proberts wrote:
         | None. You don't have to use them even you get them.
        
       | numair wrote:
       | What's the easiest way for a startup to poach H1B workers from
       | competitors and large, established companies? Is it even
       | possible, or are they trapped at their sponsoring company? If
       | there is a process or workflow for accomplishing this in a
       | repeatable/scalable manner, I'd be keen to know!
        
         | proberts wrote:
         | The H-1B transfer process is easy for qualified workers even if
         | the sponsoring company is a startup. So the blocker really
         | isn't the H-1B transfer process. Sometimes employees are in the
         | midst of the green card process and feel trapped until they
         | have a green card or are far enough along in the process such
         | that they can port their green card application to a new
         | company. One advantage that smaller companies have is that they
         | often are much more willing to sponsor employees for O-1 visas
         | as well as NIW- and EB1A-based green cards and that the
         | relative impact of employees at a smaller company is much
         | greater than at a large company and this can help with NIW- and
         | EB1A-based green card applications.
        
       | dogzilla wrote:
       | How can the government prove a person is undocumented, if they do
       | not answer questions (and of course they have no ID to present)?
        
       | somerando7 wrote:
       | What would be the advice for Canadians who want to start a
       | company, but are unable to do so because they are on a TN/H1B?
       | 
       | As I see it my only options are:
       | 
       | a) Move back to Canada, start company there. Does this impede
       | getting VC funding? Can I somehow move back to the US if my
       | company becomes successful?
       | 
       | b) Wait until I get a greencard.
       | 
       | Further question:
       | 
       | c) Is it better to go TN->PERM or TN->H1B->PERM, what are the
       | drawbacks of the first option?
        
         | ShivTheShiv wrote:
         | Get some tax advice!!! If you own more than 10% of a foreign
         | company your US taxes become very, very complicated. I
         | relinquished my green card after my first tax filing. If you
         | want to be in the US, found your company in the US.
        
           | proberts wrote:
           | Good advice. Always get tax and corporate advice. There's no
           | legal issue with going from a TN to a green card but because
           | of the current green card backlogs - because the green card
           | process takes so long - you could be in the difficult
           | position of needing to renew your TN or travel
           | internationally during the process and you wouldn't be able
           | to. So an intervening H-1B is helpful, just not required.
        
           | somerando7 wrote:
           | I'm confused. I thought on a TN or H1B I'm not even allowed
           | to start a company in the US.
        
       | adamredwoods wrote:
       | How do the immigration efforts change between US political regime
       | changes? Is it easier or more challenging, or does it stay the
       | same?
        
         | proberts wrote:
         | Significant changes. While immigration laws rarely change, the
         | way they are interpreted and applied can change significantly
         | from administration to administration. We saw that when Trump
         | became President and again when Biden became President.
        
           | HDMI_Cable wrote:
           | What changes specifically? I'm lucky in that I am American,
           | and honestly have never had to deal with immigration, so know
           | nothing about it. Do immigration procedures become
           | harder/easier to navigate? Are quotas (if there are quotas)
           | reduced?
        
             | [deleted]
        
             | returningfory2 wrote:
             | I'll give you some concrete examples:
             | 
             | - During the Trump administration, the number of RFEs
             | (request for evidence, often step 1 of denying a petition)
             | for H-1B petitions increased significantly. I'm reading
             | that 40% of H1Bs were RFEd in fiscal year 2019 under Trump,
             | versus 16% under Biden in 2021 [1]. I was personally
             | affected by this: both of my H-1B petitions were RFE'd
             | under Trump (I have a math PhD from a top 20 American
             | university and am working in software). These RFEs are
             | incredibly stressful, time consuming and costly for
             | companies.
             | 
             | - During the Trump administration, USCIS started requiring
             | almost all employment-based green card applicants to attend
             | an interview. This significantly slows down the green card
             | application process because USCIS is bottlenecked on
             | officers to perform interviews. Biden reverted this change.
             | 
             | - During FY2022, due to the dynamics of US immigration law,
             | nearly double the number of employment-based green cards
             | were available than usual (265k versus 140k normally).
             | Under Biden USCIS basically had a task force actively
             | dedicated to ensuring all of these green cards were used
             | [2]. I think we can pretty sure that under Trump, USCIS
             | would have had a business-as-usual attitude, not deployed
             | any special measures, and would only have issued around the
             | regular quota of visas.
             | 
             | [1] https://resources.envoyglobal.com/global-immigration-
             | compass.... [2] https://www.uscis.gov/archive/fiscal-
             | year-2022-employment-ba...
        
               | proberts wrote:
               | Another very concrete example, during the Trump
               | administration, USCIS revoked it's long standing policy
               | of giving deference to previously approved H-1B petitions
               | when adjudicating extension petitions with the same
               | employer. This was a significant reason for the above-
               | referenced explosion in RFEs. Soon after Biden took
               | office, USCIS reinstated the policy and RFEs dropped
               | significantly.
        
       | kingstoned wrote:
       | How would a new bootstrapped startup founder maximize his or her
       | chances of being approved for an O-1 visa? Would it be better to
       | focus on the E-2 visa instead, where the criterion is mostly
       | money invested?
        
         | proberts wrote:
         | The E-2 is a more check the box kind of visa while the O-1 is a
         | good bit more subjective and really just tougher to get. The
         | issue with the E-2 for new companies is that a substantial
         | portion of the investment (a typic minimum investment is at
         | least $100k) must be spent before the E-2 applicant/investor
         | can apply for the E-2.
        
       | clemensley wrote:
       | How long can a green card holder stay outside of the US without
       | loosing the green card? What roles do forms I-131 and N-470 play?
       | Many thanks!
        
         | proberts wrote:
         | If the GC holder obtains a reentry permit, then 2 years at a
         | stretch and generally up to 5 total without issue.
        
           | Caligula wrote:
           | I have a GC and left a few months ago to Canada. Is it too
           | late to get a reentry permit? I don't know if I want to
           | return but having the option for 5 years would be nice.
           | 
           | ty!
        
           | clemensley wrote:
           | Is a reentry permit a document that can be obtained by filing
           | the I-131 form, or how can one obtain such a permit?
           | 
           | Could you spell out what "2 years at a stretch and generally
           | up to 5 total without issue" means for non-native speakers?
        
       | astromeson wrote:
       | I am very interested in developing a tech career in the US. I
       | have roughly 5 years of industrial experience and my bachelor
       | degree is in physics.
       | 
       | I am currently working as a software engineer in the UK (I'm from
       | Hong Kong) for the past 2 years and am actively considering the
       | following:
       | 
       | 1. Getting a Masters degree in US then work in US with STEM OPT
       | and apply for Green Card through employer; or
       | 
       | 2. Moving to Canada, become a citizen in 3.5 - 4 years then apply
       | for TN status and work in US, then try to find a good timing for
       | Green Card application
       | 
       | If my intent is to settle in the US, which route would you
       | recommend me to go through?
       | 
       | Thank you so much for your time!
        
         | Maciek416 wrote:
         | I am not an immigration lawyer. Something you should be aware
         | of is that when applying for a green card, your status as a
         | Canadian (whether permanent resident or citizen) or as a Brit
         | (ditto) is completely irrelevant. The green card process sees
         | your application solely through the lens of your birth country.
         | The GC backlog for Chinese-born people is very lengthy. So
         | lengthy that it tests the longevity of a visa or a set of visas
         | -- it's not a marathon you want to still be running 15 to 20
         | years from now.
         | 
         | For that reason, if your goal is ultimately the US, focus on
         | the US, because you will otherwise be adding _many_ years to
         | the process.
         | 
         | One very notable asterisk to the above: If, while applying for
         | a GC, your spouse is from a no-backlog country (born in Canada,
         | UK, or other no-backlog countries), then your application can
         | essentially adopt that country as the birth country, and you
         | can get through the GC process in a relatively short time (all
         | other things equal).
         | 
         | From your perspective "good timing for a green card
         | application" is ASA-F'ing-P.
        
           | asdadsdad wrote:
           | (short time is 2 years for no-backlog)
        
           | what_ever wrote:
           | Is Hong Kong (where GP is from) treated separately from the
           | mainland China for GC country of birth purpose?
        
       | duncangh wrote:
       | What is the best source of government data on the H1B program
       | (e.g total visas per year, count by industry / job function,
       | nationality of recipient counts)? Also, do you know of any
       | original sources / documents which discuss the future of the
       | program and how it will be assessed whether there is enough
       | talent domestically in a given field of work. Thanks
        
       | mixtieboo wrote:
       | [dead]
        
       | longtree wrote:
       | HI! I am a US citizen living abroad and want to apply for US
       | citizenship for my 1 year old son through the grandfather clause.
       | I understand that after filling the N-600K we will need to go for
       | an interview in the US. We will need to apply for a visa for my
       | son and my wife will come too. She is not a citizen and requires
       | a visa too.
       | 
       | 1. The grandfather does not have to come to the interview,
       | correct?
       | 
       | 2. We want to come for a visit for a few months to half a year
       | (also for the interview), with the option of emigrating either
       | this trip or in the future.
       | 
       | What type of visas should we apply for? If it's for a short to
       | medium trip or for eventual emigration.
       | 
       | I understood that if my wife enters with a tourist visa and we
       | then apply from within the US to emigrate it is frowned upon and
       | can be denied.
       | 
       | Is this something we would definitely need a lawyer for? What
       | would the costs be?
        
         | proberts wrote:
         | Very interesting but very case-specific questions which are
         | hard to answer in writing unfortunately.
        
       | crtechmbd wrote:
       | In your experience, what does the success rate looks like for
       | incorporating a company with all H1B founders and with 1 US
       | citizen& 1+ H1B founders? Thanks
        
         | proberts wrote:
         | Very high in fact if handled right.
        
       | rootsudo wrote:
       | Let's say I have a business/startup idea, funding is "fine" but I
       | wish to just use Filipino nurses due to shortages - (or other
       | skilled labor from the Philippines) -
       | 
       | Would it have to be solely through H1B? I've seen/witnessed that
       | for certain types of jobs, e.g. teachers - alot of these barriers
       | are moved.
       | 
       | What sort of obligations would a company have to first show that
       | they tried but couldn't hire local people, or failed to relocate
       | people to come?
       | 
       | Would this just be standard H1B process? There is no exact case
       | here/situation, I'm just curious because - the nursing license is
       | transferrable from the Philippines to many USA states (if not
       | all?) and the Philippines is a country which is known to "export"
       | it's people, mostly as "OFW" throughout East Asia and Middle East
       | and as of late Canada.
       | 
       | I'm curious how this mechanism works - because it seems to be a
       | win/win.
        
         | proberts wrote:
         | Because you mentioned nursing, I'll respond to that. The issue
         | with nursing positions is that they often are not considered
         | H-1B positions. This is why years ago there was a special visa
         | (the H-1C) for nurses to deal with the shortage. Other than the
         | H-1B, there really are no options for nurses.
        
       | alejo1000 wrote:
       | Do you have any software you use for your practice that you would
       | recommend other attorneys?
        
         | proberts wrote:
         | My sense is that the off-the-shelf software is largely the
         | same. I would raise this question on AILA.
        
       | s_dev wrote:
       | Dual Irish/US Passport holder here -- if I wish to emigrate to
       | the US do I have to do anything other than buy a plane ticket?
        
         | [deleted]
        
         | dudul wrote:
         | I don't think the US recognizes "dual citizenship" - as in they
         | dont care, not they force you to give up a citizenship.
         | 
         | Once you have a US passport you are a US citizen, end of story.
         | Doesn't matter which other passports you hold. You can't be
         | denied entry into the US.
        
         | proberts wrote:
         | No. From the U.S. Government's perspective, there's no issue
         | holding other citizenships. But when you travel to the U.S.,
         | you are supposed to present your U.S. passport not your foreign
         | passport.
        
         | throwaway85858 wrote:
         | Get up to date with your taxes.
        
         | WirelessGigabit wrote:
         | They cannot deny access to US citizens, which you are.
         | 
         | But... I hope you have been filing yearly taxes in the US...
        
       | hsjqllzlfkf wrote:
       | Hi Peter thanks for this.
       | 
       | European, PhD, what's the fastest way available for me to get a
       | green card?
       | 
       | I've heard of the investor visa, but I can't invest 1mil, or hire
       | 10 people.
       | 
       | I've also heard of the H1B, but from what I understand that means
       | years of uncertainty.
       | 
       | I've held a L1B, not sure if that matters.
        
         | proberts wrote:
         | Either the NIW (national interest waiver) or EB1A
         | (extraordinary ability) path. Are you in the U.S. already?
        
           | hsjqllzlfkf wrote:
           | I'm not at the moment. I spent 1 year there. I can go back;
           | would being physically in the USA improve my chances with
           | either of those visas?
           | 
           | Edit. I thought I'd clarify: I've held an L1B and I still do.
           | I'm not in the US now but I can be.
        
       | iamcreasy wrote:
       | It maybe a tangential question - but can a company chose to
       | sponsor EB2 visa directly and skip H1B? If the decision is up to
       | the company what decision usually factor in deciding which visa
       | to sponsor?
        
       | pizzalife wrote:
       | Hi Peter, just wanted to say thank you for navigating my
       | complicated I-485 case and helping me get my green card!
        
         | proberts wrote:
         | That's very nice of you to say. Thanks.
        
       | dustedrob wrote:
       | What's the usual cost for a company to change someone's status
       | from a TN visa to an EB3/EB2 greencard? How long does it usually
       | take?
        
         | proberts wrote:
         | There are multiple different EB2 and EB3 green card options so
         | the costs and timelines can vary significantly. The timeline
         | also can be impacted by country of birth. Very broadly, the
         | total cost ranges from $10,000 to $25,000 and the timeline
         | ranges from 1 year (EB1 from a country other than India or
         | China) to 15 years (non-EB1s from India). For those not from
         | India or China in the EB2 or EB3 category, the current
         | processing is about 2-3 years.
        
       | AlexanderTheGr8 wrote:
       | Hi
       | 
       | I am a ML researcher (with a couple papers) in Canada (intl
       | student from India), in senior year of undergrad. What are my
       | chances of O-1? It's supposed to be for extraordinary people
       | which, by definition, can be a very high bar to clear.
       | 
       | So I was wondering if there is any point working towards it or
       | just go with L1B or something?
       | 
       | Any information would be appreciated. Thanks
        
         | prashp wrote:
         | Having a couple of ML papers on its own is not sufficient, as
         | per the eligibility criteria (https://www.uscis.gov/policy-
         | manual/volume-2-part-m-chapter-...)
        
       | alsodumb wrote:
       | Hi! Thanks for doing this! I am a PhD student planning to apply
       | for EB-1 soon (that's the only path that could work for me due to
       | my nationality).
       | 
       | I am trying to understand what it takes for a successful EB-1
       | application and have a few questions:
       | 
       | 1. From what I've seen, the application packet I will send would
       | be hundreds of pages (with all the expected evidence). I am
       | assuming the officer reviewing my application wouldn't have the
       | time and expertise to go through all of it. What exactly would
       | they be looking for? (in your experience) Is it the executive
       | summary? What matters the most?
       | 
       | 2. After the AI and LLM age, citations counts are all over the
       | place. It's fairly common to have hundreds of citations as a grad
       | student these days. However, if you are working in a niche area,
       | how would you prove that your relatively low citation count is
       | okay in your area?
       | 
       | 3. F-1 visa is non-immigrant visa. However, I've seen many PhD
       | students apply for EB-1 and successfully get it as a F-1 student.
       | How exactly does that work? Would a pending/succesful EB-1 visa
       | mean I'd never get OPT? (assuming I am waiting for my priority
       | date).
       | 
       | Thanks for your time!
        
         | letitgo12345 wrote:
         | You should look into securing your priority date via EB2-NIW
         | and applying through EB1-B -- that's far easier to get approval
         | for than EB1-A.
        
           | proberts wrote:
           | Good advice. Regarding the EB1A, it's so fact-specific
           | requiring a careful review of the facts that it's hard to
           | respond. All I can say without knowing more is that the
           | standard while high is almost always within reach of those
           | with PhDs.
        
         | bubblethink wrote:
         | Not a lawyer. General advice assuming you are from India/China.
         | 
         | First, don't procrastinate. There is a non linear relationship
         | between real time and USCIS time. It's something like 1:5 or
         | more. So 1 month of procrastination is delaying your green card
         | by 5 months. If you don't think you can do an EB1 right away,
         | do an EB2-NIW to lock the priority date, assuming you don't
         | have a priority date already.
         | 
         | 1. The bar is sustained international acclaim and being at the
         | top of the field. If you fit the standard researcher profile,
         | papers, awards, citations, patents, salary and other
         | quantifiable metrics would be a good place to anchor your
         | application.
         | 
         | 2. Supplement it with reference letters and show impact in
         | other ways. It's all subjective. Look at other templates or get
         | a lawyer.
         | 
         | 3. There shouldn't be any interaction between the two, but not
         | a lawyer. Check with one, especially if you plan to travel.
         | 
         | Look at AAO decisions to get a sense of what gets rejected.
        
       | dev_throw wrote:
       | Thanks for the AMA, Peter! What are the options for a TN visa
       | (Canadian) holder if they become permanently disabled (cancer
       | treatment) and are unable to work at all? Are they able to renew
       | their TN visa assuming the employer is okay with that?
        
         | proberts wrote:
         | Yes. An employee can maintain nonimmigrant status while on a
         | leave of absence for health or personal reasons.
        
       | BeenChilling wrote:
       | As a UK national and fresh CS master's graduate from a top
       | university, what are the best ways to immigrate to the US from
       | the UK asap?
       | 
       | Starting as a grad SWE at a chip company in September. Current
       | plan is to try get hired in a big tech or HFT/Quant after 1 year,
       | and build most desired skills to help chances of sponsorship in
       | future.
       | 
       | Thank you, advice appreciated from anyone.
        
         | returningfory2 wrote:
         | For up to one year after you graduate you're eligible to get a
         | one year J-1 visa to work in the US [1]. However it will be
         | quite tricky to find another way to get work-authorized when
         | the J-1 is over. So I don't really see this as a viable way to
         | start living in the US long term.
         | 
         | Probably the fastest and simplest way is to get hired by a big
         | tech or US-based HFT company in the UK, and transfer over on an
         | L-1 visa after working there for over a year. In 2021 getting
         | an international transfer to the US with a FAANG was super
         | easy, but it may be trickier now with the layoffs and hiring
         | freezes. Big tech is historically very good at green card
         | sponsorship; HFTs less so in my anecdotal experience.
         | 
         | [1] https://www.istplus.com/internshipusa/
        
           | proberts wrote:
           | Good advice. The L-1 is oftentimes the best - and only -
           | option to work in the U.S. and it's still easy for qualified
           | applicants.
        
       | sovietmudkipz wrote:
       | Tangentially related Q: in the USA there are "illegal" immigrants
       | who have moved into the country. I worry about human rights
       | abuses against these people. What are the methods available for
       | these people to become citizens if they so wish?
        
         | howinteresting wrote:
         | Marrying a US citizen is the only practical way forward for
         | most people. And on top of that, it is only available to people
         | who entered legally initially (which is around 50% of
         | unauthorized immigrants if I remember correctly). It is deeply
         | tragic.
        
         | morpheuskafka wrote:
         | There is not currently any specific "pathway to citizenship"
         | designed for people who are currently in the country illegally.
         | They would have to qualify for a green card on the same basis
         | as anyone else, then apply for citizenship after that.
         | 
         | However, they often are not eligible to do so because of their
         | illegal prescence. If one has been in the US illegally, as an
         | adult, for more than 180 days, they have a three-year ban.
         | After one year it becomes a 10-year ban. This applies to both
         | visiting and immigration. They have to return home (or another
         | country) to serve the ban before getting a visa to return.
         | 
         | One notable exception to this rule is marrying a US citizen,
         | but only if the initial _entry_ was legal (i.e. visa overstay,
         | not border jumping). Being a parent of a US citizen also works,
         | but the child has to be 21 first. Being a parent of a US
         | citizen under 21 has no immigration benefits.
        
           | Laaas wrote:
           | The child rule makes no sense to me. What was the motivation?
        
             | howinteresting wrote:
             | The idea is that adults can sponsor their parents for a
             | green card but children cannot. Of course it makes
             | absolutely no sense given the disruption to US citizen
             | children's lives if their parents are deported, but US
             | immigration generally is quite cruel if you're on the
             | margins.
        
               | Detrytus wrote:
               | I think parents of US citizen children cannot be deported
               | for that exact reason: it would leave the child without a
               | parent. That's why they are called "anchor babies".
               | 
               | But of course if they leave the US willingly (e.g.
               | traveling to their home country) they will be banned from
               | ever coming back.
        
             | morpheuskafka wrote:
             | I'm almost certain that the reason is to prevent people
             | from entering the US as a visitor when pregnant, having a
             | child, and then immediately being able to have the one-day
             | old child petition for the parents. Or having a child while
             | facing removal proceedings. As it stands currently, the
             | child still becomes a citizen immediately, but cannot
             | petition the parents until they are an adult.
             | 
             | If the rule stays, then US citizen children can be left
             | with no adults in their life legally able to raise them in
             | the US. On the other hand, if having a child in the US
             | becomes an automatic ticket to citizenship, there will be a
             | significant increase in children being born for this reason
             | only that may be neglected, and people who want to overstay
             | and are willing to have a child are basically guaranteed
             | the ability to do so.
             | 
             | Another side effect if removed would be that the US border
             | folks may be unwilling to admit pregnant visitors even with
             | very legitimate reasons, because they know there is nothing
             | to stop them from obtaining a green card if desired.
             | 
             | edit to clarify: even without this rule, you have to have
             | entered legally, so just illegally crossing and immediately
             | having a child wouldn't work--you would have to enter as a
             | tourist or otherwise.
        
             | ShivTheShiv wrote:
             | They want to discourage birth tourism and "anchor babies"
        
         | geodel wrote:
         | Leave the US and apply for US immigration from their own
         | country?
        
           | howinteresting wrote:
           | This is _the worst possible advice_ in this situation. If you
           | 're an unauthorized immigrant, DO NOT listen to this advice.
           | Talk to a lawyer instead.
        
       | egocodedinsol wrote:
       | What nonspecific advice do you have for immigrants who want to
       | (co)found companies but are on h1b's or student visas?
        
         | proberts wrote:
         | The issues oftentimes are what can the founder do before he or
         | she moves to the startup and what company-related items need to
         | be in place before the founder can be sponsored by the startup.
         | This requires a conversation unfortunately since the advice is
         | case-specific. My advice then is to find a good corporate
         | attorney and to speak with an immigration attorney who works
         | with founders and startups before setting up the company.
        
       | maestrae wrote:
       | I'm currently on an H1-B and I'm considering exploring a startup
       | idea. My research suggests that I could do a concurrent H1-B but
       | what I'm not so sure about is the prevailing wage. Is it possible
       | to get a concurrent H1-B for say 5 hours a week so that I can
       | actually afford to pay myself as the govt. requires?
        
         | proberts wrote:
         | Yes, a concurrent part-time H-1B can be for as little as 5
         | hours per week. But there's the issue of getting it, since
         | founder H-1Bs can be challenging.
        
       | jb12 wrote:
       | Hey, you did my E-3 visa a couple years ago! Thanks for all the
       | hard work!
        
         | proberts wrote:
         | You are welcome!
        
       | chigwe01 wrote:
       | [dead]
        
       | timestap wrote:
       | What restrictions/things to know or consider are there for
       | Canadian founders who are on a mix of TN/H1-B visas?
        
         | proberts wrote:
         | Those already in H-1B and TN status with their company or
         | looking to obtain H-1B or TN status with their company?
        
       | someotherperson wrote:
       | A friend entered the US on an ESTA last year. They ended up
       | getting married to their US spouse while in the US, but had no
       | intention of staying in the US and left on day 88 or so.
       | 
       | Does this hinder their chances of re-entering the US on an ESTA
       | for short periods (i.e, in this case, visiting their in-laws)? As
       | I understand it, you're not supposed to get married while on an
       | ESTA, but the way the law reads is that you're not supposed to
       | get married and try to convert it into a residence visa. Which
       | isn't what happened here.
        
         | DrJokepu wrote:
         | You're not supposed to come with the intent of both getting
         | married and then staying afterwards on a non-immigrant visa.
         | Getting married is fine. Getting married and then changing your
         | mind is acceptable. Immigrant intent on a non-immigrant visa is
         | what leads to 7A1 refusals.
         | 
         | Your friend's real problem is the 88 days. Long stays like that
         | on ESTA are not a problem until suddenly they're a problem.
         | They raise eyebrows. How did he support himself for 88 days in
         | the United States? Does he really have strong enough ties to
         | his home country if he can just stay away for 88 days? I would
         | not do it again if I was him. Come for a couple of weeks, or
         | get an immigrant visa.
        
           | legutierr wrote:
           | > Come for a couple of weeks, or get an immigrant visa.
           | 
           | You mean, come for a couple weeks, _but don 't fall in love
           | or start a family with an American girl or boy_.
           | 
           | > Getting married is fine. Getting married and then changing
           | your mind is acceptable.
           | 
           | I would imagine that getting married and changing your mind
           | is what this policy is meant to encourage! What about getting
           | married and _not_ changing your mind? What about having and
           | raising children?
           | 
           | Is it United States policy that the children of such
           | marriages must be raised only by single parents?
        
             | DrJokepu wrote:
             | I can't really comment on the justification behind the
             | policy, I can just explain how it works.
             | 
             | Point is, with a few exceptions (notably, H-1B), coming to
             | the United States on a non-immigrant visa with the intent
             | of staying is an inadmissibility (7A1 immigrant without an
             | immigrant visa). It doesn't matter if you're married of
             | have children. Coming to the United States on a non-
             | immigrant visa and then adjusting status due to a change in
             | circumstances is allowed.
             | 
             | >Is it United States policy that the children of such
             | marriages must be raised only by a single parent?
             | 
             | If it's a bone fide marriage (and if there's a child, it
             | probably is), the US citizen spouse can petition for an
             | immigrant visa (which will turn into a "green card" on
             | admission at the border). Immigrant intent is not an issue
             | when entering on an immigrant visa.
             | 
             | My personal opinion that this immigrant/non-immigrant visa
             | distinction should be removed from US immigration law, but
             | right now it's there, so these are the rules right now.
        
         | proberts wrote:
         | Not necessarily. There's no restriction on getting married in
         | the U.S. The restriction is entering the U.S. as a visitor with
         | the intent of getting married AND applying for a green card.
         | But if this intent arises after entry, there are no issues,
         | period. Regarding these facts, your friend still should be able
         | to travel to the U.S. Your friend should just be prepared to
         | explain what they did while here and why they stayed as long as
         | they and what they are coming to do now. At the end, it boils
         | down to credibility and the truth. There's absolutely no legal
         | reason here why your friend shouldn't be allowed in again.
        
         | [deleted]
        
       | wslh wrote:
       | I am curious: If you are well-off economically and/or starting a
       | company in US with some few US employees what possible paths do
       | you need to follow?
        
         | mighmi wrote:
         | O1 or E2 visas can be attached to a company you found.
        
       | bkorte wrote:
       | Hey Peter! What tech (legal and non-legal) do you use?
        
       | rejectfinite wrote:
       | Very interesting stories. I like reading about how hard it is to
       | get in. Same on Reddit but for my home country. Thank you for
       | doing the AMA.
        
       | proberts wrote:
       | Just great stuff. Thanks again. I'm taking another break and will
       | be back again soon.
        
       | simonbarker87 wrote:
       | UK couple, both have engineering PhDs and 10+ years experience in
       | engineering (dev and automotive), not rich but not poor. Is there
       | a sensible path to US immigration that doesn't leave them in the
       | H1B bind or always on the verge of being deported?
        
         | rcme wrote:
         | You could find a US company with an office in the UK that will
         | let you work there for a year before brining you to the US on
         | an L1. You could also apply for an O1 if you've published a
         | lot.
        
         | bonestamp2 wrote:
         | In case Peter doesn't answer, my personal experience has been
         | that you'll want a more stable work visa than an H1. Given your
         | skills, one of you should be able to get one (and the other can
         | come as a spouse and apply for a work permit with the right
         | visa type). After a few years with that, you can apply for a
         | green card (permanent resident status). I know people who have
         | renewed those for decades without becoming citizens. Or, after
         | a few years with the green card, you can apply for citizenship.
         | 
         | I know lots of Brits and Canadians in California who have also
         | followed this path.
         | 
         | A lot of talk in here about H1B visas, and that's probably
         | because they're the most plentiful. But, that's not the only
         | type of visa that people should be thinking about.
        
           | proberts wrote:
           | Thanks for the response. Yes, there are other options that
           | aren't subject to the crazy and uncertain H-1B lottery such
           | as the O-1 visa (which, without knowing more, you both
           | probably would qualify for). And while the O-1 is tied to a
           | company, this can be your company. A lot of founders in the
           | U.S. are on O-1s. There is also the intra-company transferee
           | visa (if you are transferring to a related company in the
           | U.S.) and the E-2 visa if you are looking to start a company
           | in the U.S. based on a substantial investment.
        
             | injb wrote:
             | Could you elaborate on how an E2 founder could get to
             | become an immigrant?
        
               | proberts wrote:
               | Most countries have a treaty of commerce and trade with
               | the U.S. that gives rise to the E-2 visa. In short, you
               | must establish a U.S. company, you and/or others from
               | your country of citizenship must invest at least $100k in
               | this company, the company must spend a substantial
               | portion of this on business related expenses, and you
               | must have a good business plan showing, among other
               | things, the employment of U.S. workers over a 5-year
               | period.
        
               | injb wrote:
               | Thanks. I'm asking how it would help you to become an
               | immigrant (the original question).
        
               | 0ct4via wrote:
               | You could've restated your original question without the
               | condescending first sentence, GP obviously didn't know
               | that, so the derision is wholly unnecessary.
        
               | injb wrote:
               | OK I edited and removed the first sentence. Apologies if
               | I sounded condescending.
        
         | bubblethink wrote:
         | The most straightforward approach in your case would be an
         | EB2-NIW green card application assuming you were born in the
         | UK. It basically amounts to showing that you are doing
         | something demonstrably useful to the US (e.g., papers, grants,
         | awards, citations, the usual). You can do it yourself on the
         | cheap for 2-3k in USCIS fees including premium processing, or
         | add another 5-10k for lawyer fees if you go through a lawyer.
         | The only issue with this strategy is that consular processing
         | from outside the US can take up to a year or more.
        
       | onetimeusename wrote:
       | Is a J-1 more likely to be approved than an H-1B? What criteria
       | need to be met to get a J-1 visa approved? I know people working
       | ordinary jobs with these fyi.
        
         | proberts wrote:
         | The J-1 is not supposed to be used to fill regular positions
         | although the J-1 is sometimes abused by companies. The J-1 is
         | supposed to be for training and career development and the J-1
         | trainee/intern is supposed to have the intent to return to his
         | or her home country or last place of foreign residence. All
         | that being said, it's generally pretty easy to get a J-1 visa.
        
           | codingdave wrote:
           | I work in a tourist town that only stays operational by
           | bringing in thousands of J-1s each summer, and it honestly
           | looks to me more like trafficking more than a legit use of
           | the J-1 program - housing tied to job status with instant
           | evictions if you lose a job, that kind of thing. I've always
           | felt like the whole program feels sketchy with the way it is
           | used here. Is there a good resource for understanding what is
           | actually legal or not in the context of J-1 workers, so I can
           | know for sure when a company in town crosses the line?
        
             | proberts wrote:
             | The State Department's website has very good information on
             | the J-1 regarding the employer's responsibilities and the
             | worker's rights.
        
       | tiredofspam_k wrote:
       | I'm currently on a H1B visa with a company. Due to family reasons
       | I intend on going back to my home country and spend some time
       | with family, which means I'll have to quit work. Is it possible
       | to come back to the US, assuming I'm able to secure a job with a
       | company? And will this have to be done before the expiration date
       | of the H1B document?
        
         | proberts wrote:
         | Without knowing all the facts, no; another U.S. company could
         | sponsor you for an H-1B after your current H-1B expires without
         | having to put your name through the H-1B lottery again.
        
           | tiredofspam_k wrote:
           | Thank you for answering! I do have a clarification question
           | though. Will I have to go through the lottery again in case I
           | try before my H1B expires?
        
             | proberts wrote:
             | No.
        
       | _corvo_ wrote:
       | I'm from India, planning to move to US on L1 as an IC. I want to
       | get green card in 3-5 years or get out of the country. If I get
       | green card, I want to look at bringing my parents permanently to
       | US.
       | 
       | As someone without any research papers, any significant industry
       | presence, how difficult will it be to get an EB1 green card if I
       | start chipping at requirements now?
       | 
       | How doable is getting parents within next 5-7 years?
        
         | tequila_shot wrote:
         | Unless employees in your company are reporting to you in India,
         | your hopes of getting into an EB1 category is close to zero.
         | You need to prove that you've managed EMPLOYEES of your company
         | in multiple countries other than the US.
        
         | proberts wrote:
         | You can't sponsor your parents until you are a U.S. citizen and
         | you must be a green card holder for 5 years (unless you are
         | married to a U.S. citizen) before you can apply for
         | citizenship. Will you be managing any employees in your
         | position in the U.S.? Are you managing any employees now?
        
           | _corvo_ wrote:
           | No, I'm not a manager and won't be managing any employees.
        
             | proberts wrote:
             | It's going to be a long process to a green card then. The
             | only reasonably fast path is the EB1A extraordinary ability
             | path and the standard is very high and difficult and
             | subjective/uncertain.
        
               | cyberninja123 wrote:
               | Hi Peter, thanks for doing this AMA!
               | 
               | I am from India as well, and I am currently a startup co-
               | founder for a self-funded startup that currently employs
               | about 5 American Citizens full time. My other co-founder
               | is with me on the idea of continuing the self-funding
               | situation and acquire more customers which will increase
               | our revenue.
               | 
               | I am considering applying for EB-1 but wondering what my
               | changes would be to get a GC through that path, would you
               | rather advise me to wait a bit more until we hit 10
               | American Citizen workers in our company?
        
               | _corvo_ wrote:
               | Thank you for your responses, appreciate you taking the
               | time.
        
       | glonq wrote:
       | If an employee has been working for a US company for a few years
       | (like on a TN or L-1A visa), is it common or expected that the
       | employer might cover the costs involved in getting permanent
       | residency? Or is typically on the employee to sort that out
       | themselves?
        
         | proberts wrote:
         | Most companies cover the GC costs for existing employees.
        
         | T3RMINATED wrote:
         | [dead]
        
       | sass_saas wrote:
       | From India! I have an I129 (Successful H1B lottery selection)
       | with an old firm, but never got stamped an H1B in the past due to
       | Covid.
       | 
       | Will this affect my visa approval in the future as I am working
       | on a startup which will be incorporated in US?
        
         | proberts wrote:
         | Not at all.
        
         | mandeepj wrote:
         | NAL! From what I know, stamping is only required if you want to
         | leave the country (US in your case) and come back.
        
       | shytey wrote:
       | Can I grant myself a visa with my own LLC? I co-own and run it
       | remotely, it's making 600k profit from 4mil revenue. It's based
       | in the US, I'm from Ireland, living in the UK. It hasn't taken
       | investment but we reinvest a lot of revenue in growth.
        
       | shaburn wrote:
       | Can I start a tech startup on an OPT visa while I work for
       | another large tech company?
        
       | barbariangrunge wrote:
       | What is the "how to work for an American company/startup as a
       | Canadian 101"?
        
       | jackall wrote:
       | What are the chances of getting an EB-1C petition approved for a
       | small startup (15 people), pre-traction, managing 7 - 8 employees
       | directly, who are all based outside the US?
        
         | proberts wrote:
         | The company's size isn't a problem; the problem is that the
         | employees whom you manage all outside the U.S. You also need to
         | show that you managed multiple employees for at least one year
         | abroad before transferring to the U.S.
        
       | sanctified384 wrote:
       | Regarding the GC backlog for India, what is your best guess for
       | the number of years it will take for priority dates in 2016 to
       | become current?
        
         | WirelessGigabit wrote:
         | Which category?                   1st 01JAN12         2nd
         | 01JAN11         3rd 01JAN09         OW  01JAN09         4th
         | 01SEP18
         | 
         | OW = other workers.
         | 
         | So check the diff between those dates and your date.
        
           | proberts wrote:
           | It's impossible to say because as I'm sure you know, the
           | numbers don't always progress, sometimes they retrogress. But
           | I expect at least 5 more years.
        
         | letitgo12345 wrote:
         | For EB1 - probably Oct.
         | 
         | For EB2/3 -- likely 15 years or more...
        
       | dustedrob wrote:
       | My employer was in the process of getting a PERM for me when they
       | announced layoffs, which caused the petition to be denied. How
       | soon after a round of layoffs is it "safe" to apply again?
        
         | proberts wrote:
         | The employer must wait at least 6 months.
        
       | susanthenerd wrote:
       | I'm still in high school but here is my question. Would it be
       | possible to create a startup on a F-1 visa(student visa) and then
       | sponsor yourself if the startup gets enough money to afford
       | paying an employee and get a work visa that could later lead to a
       | GC? Thanks
        
       | stale_data wrote:
       | Do you have any advice for Canadian founders who's TN grace
       | period has ended and are leaving the US to immediately return as
       | a visitor? I'm not paying myself yet, so no employee contract/job
       | offer. Will the border officers be upset at the fact that I'm
       | returning as a visitor right after the TN grace period has ended?
       | Any documents I could prepare to make it easier? Thanks!
        
       | andrewfurey2003 wrote:
       | I'm doing a CS degree in Ireland. If I want to start a company in
       | the US, how hard would it be to get the necessary visas to get
       | in?
        
       | cushychicken wrote:
       | What's the typical fully loaded cost for a company to bring
       | someone in on an H1B or similar visa, in terms of attorney time
       | and application fees and whatnot?
        
         | proberts wrote:
         | There is some range depending on the size of the U.S. workforce
         | and whether the petition is filed with premium processing. A
         | rough range for a company with less than 25 FTEs would be
         | $4,000 to $5,500. For a company with at least 25 FTEs, add $750
         | and if the petition is filed with premium processing, add
         | $2,500.
        
           | cushychicken wrote:
           | Thanks for the detailed answer!
        
           | neodypsis wrote:
           | What is premium processing?
        
             | Maciek416 wrote:
             | It's like TSA pre but for certain steps in the USCIS flow
             | chart.
        
             | ra7 wrote:
             | Case adjudicated within X calendar days. Typically, 15
             | calendar days for most types of petitions.
             | 
             | https://www.uscis.gov/forms/all-forms/how-do-i-request-
             | premi...
        
             | matchbox wrote:
             | To get the visa application processed in two weeks, else it
             | will take up to 4 months or so.
        
               | proberts wrote:
               | All correct! But with an H-1B to H-1B transfer, the
               | filing alone allows the sponsored employee to work so
               | sometimes there's no need for premium processing.
        
           | samgray2933 wrote:
           | What about cost in applying for a green card while on H-1B1?
        
       | no_wizard wrote:
       | Has demand for your services fallen as VC funding is drying up?
       | I'm curious how "in demand" you are at this point due to economic
       | headwinds
        
       | ramraj07 wrote:
       | What do you think happened with the sudden jump in EB1 backlog
       | for India to 2012?
        
         | letitgo12345 wrote:
         | They ran out of GC numbers for the year. It will probably jump
         | back to 2022 in Oct
        
       | mynegation wrote:
       | Canadian citizen, I got an offer from US company. Still need to
       | check with their immigration folks, but should I push for TN-1 or
       | H1B? Also worth mentioning that my spouse has L1A and I am
       | eligible for employment authorization through that (but has not
       | applied yet). What are the pros and cons of each approach?
        
       | kecupochren wrote:
       | How common are H1Bs for people without a degree but with 12+
       | years of experience? Is that a legit thing?
        
         | proberts wrote:
         | Very legit. The experience just needs to be professional and
         | well-documented and the evaluation done by a reputable
         | evaluation service.
        
           | kecupochren wrote:
           | Documented meaning I need to have all my previous job
           | contracts/documents? What if the companies don't exist
           | anymore?
        
         | PointyDog wrote:
         | I replied elsewhere - but this was my (successful - now an LPR)
         | path.
         | 
         | My lawyer told me you need a 4 year degree equivalent, and 4
         | years of experience can convert to a year.
         | 
         | If you have zero university education, that would be 16 years'
         | experience required, based on that lawyer's legal instruction.
        
           | shagie wrote:
           | The relevant part is 8 CFR 214.2(h)(4)(iii)(D)(5) (
           | https://www.law.cornell.edu/cfr/text/8/214.2#h_4_iii_D_5 )
           | 
           | > 5) A determination by the Service that the equivalent of
           | the degree required by the specialty occupation has been
           | acquired through a combination of education, specialized
           | training, and/or work experience in areas related to the
           | specialty and that the alien has achieved recognition of
           | expertise in the specialty occupation as a result of such
           | training and experience. For purposes of determining
           | equivalency to a baccalaureate degree in the specialty, three
           | years of specialized training and/or work experience must be
           | demonstrated for each year of college-level training the
           | alien lacks. For equivalence to an advanced (or Masters)
           | degree, the alien must have a baccalaureate degree followed
           | by at least five years of experience in the specialty
        
           | tehsauce wrote:
           | 8 years of real experience equated to 2 years of university?
           | That is such a shame.
        
             | pasoevi wrote:
             | I don't see 8 => 2. I see 3 => 1 from Peter and 4 => 1 in
             | this answer.
        
             | ke88y wrote:
             | This is ridiculous in both directions. In one direction,
             | someone can have 12 months of tech industry experience with
             | more knowledge than a Masters degree holder. In the other
             | direction, it's also possible to have 30 years of real
             | experience in the tech industry without being particularly
             | skilled labor (the apocryphal "three months of experience,
             | repeated a hundred times").
        
         | elfleco wrote:
         | This was my own path; I had to use a service to certify my
         | experience (it included getting multiple letters of
         | recommendation from previous employers) and after three tries I
         | got my H1B. The odds of getting accepted for each year were
         | impacted because the pool for people without degrees is smaller
         | than the rest, so it took patience and time.
        
         | proberts wrote:
         | USCIS applies a 3 to 1 rule.
        
       | cj wrote:
       | Do you have any general recommendations to founders or hiring
       | managers to keep in mind when hiring people on visas?
       | 
       | I understand there are certain visas that an individual can
       | obtain independently (like a TPS visa, or being the spouse of a
       | L1 visa holder) without employer sponsorship, and other visa
       | types that require employer sponsorship and other paperwork (I
       | believe even visas like a TN require some coordination with
       | candidates).
       | 
       | Generally speaking, are there any considerations you recommend
       | small startup employers take when interviewing and hiring visa
       | holders? Which visa types require the company to hire an
       | immigration lawyer vs other visa types that don't? Links to
       | external resources would also be helpful if there's a go-to
       | source for this type of information.
        
         | proberts wrote:
         | No sponsorship is required for the spouses of those in E-1,
         | E-2, E-3, and L-1 status, or spouses of those in H-1B status
         | who are in the green card process and it's generally easy for
         | companies to hire workers from the five countries with their
         | own visas (Australia, Canada, Chile, Mexico, and Singapore).
         | It's also generally easy for companies to hire those already in
         | H-1B status - that is, to "transfer" the H-1B to their company.
         | It's also generally easy for companies to hire those with PhDs
         | (often via the O-1). It's also generally easy for companies to
         | hire those in F-1 OPT and STEM OPT status but these workers
         | will require sponsorship to continue working and this
         | sponsorship usually takes the form of the H-1B visa, which
         | requires going through the H-1B lottery, a very messy and
         | uncertain program.
        
       | Gunnerhead wrote:
       | In June 2021 I tried entering the United States with a TN packet
       | as an Engineer with a Bachelor of Computer Science. However, the
       | officer denied me the TN status saying I need an Engineering, not
       | Computer Science degree, to qualify for the Engineer TN status.
       | 
       | Given the denial, in July 2021 the hiring company then applied
       | through USCIS premium processing again for TN Engineer with my
       | Computer Science degree and I was approved. I was let in at the
       | border with my TN status without issue.
       | 
       | In August 2021, I we back to Canada, and then upon re-entering
       | the US with my TN I was sent to secondary given my previous
       | denial on record. The officers basically rechecked my packet and
       | asked so many questions about my previous denial, the officer
       | then lets me in but states "you might not be so lucky with the
       | next officer". From what I understand they can take away my TN or
       | even just deny me entry in the future based off the previous
       | denial.
       | 
       | I haven't left the US since then, but want to visit Canada and
       | come back. However, I'm terrified of the officer denying me entry
       | based of my previous denial. What are my options here? My
       | company's lawyer basically said we just have to try and hope for
       | the best.
       | 
       | Thanks so much!
        
         | fuckyah wrote:
         | [dead]
        
         | djmips wrote:
         | My advice is to do the renewal without having to go to the
         | border to face capricious judgements by under trained by all
         | powerful border staff. It is possible to do the renewal early
         | and via mail at a main immigration office. Now this information
         | could be dated and please seek the advice of Mr. Roberts for
         | current methods.
        
         | pj_mukh wrote:
         | This happened to me too. Mind-boggling dumb. Had to switch out
         | of TN (E2 in my case) for it to stop happening.
         | 
         | Still spent 3 years going to secondary, "just because".
        
           | proberts wrote:
           | I'm sorry that I'm coming in late to this but for certain TN
           | occupations, the outcome has less to do with the applicant's
           | qualifications or the offered job and more to do with where
           | the applicant applies. There are some airports and land
           | crossings that are very good, that is, reasonable and fair.
        
         | proberts wrote:
         | I know. This is really stunning but true. CBP officers have the
         | right to review the admissibility of TN applicants any time
         | even if they have a TN approval notice. But there's a solution
         | of sorts. Please email me separately because this will be very
         | case-specific advice.
        
         | anorwell wrote:
         | As a CS degree holder, I got two TN visas, both as a Computer
         | Systems Analyst. This was ~10 years ago. I'm curious if
         | something has changed to make Computer Systems Analyst
         | positions or applications less frequent.
        
         | Maciek416 wrote:
         | Much like the other commenter, I learned to never ever do any
         | of this stuff (ordinary travel or renewals) via land crossings.
         | You can have a major trajectory change to your life on the
         | whims of a border guard who is just having a bad day even if
         | all of your ducks are lined up and perfectly documented by a
         | large multinational. Bend over backwards to avoid land
         | crossings until you can secure yourself a greencard.
        
           | arcticbull wrote:
           | It doesn't really matter which crossing, IME, you may always
           | encounter a power-tripping officer, and officers at each kind
           | of entry port have the same power. I've been waved through no
           | questions asked at land crossings, pulled into secondary and
           | interviewed by 6 officers in pairs of 2 at an air crossing -
           | and vice versa. Ultimately, admission is at the discretion of
           | the officers unless you're a citizen. Even a green card
           | holder can be denied re-entry on the basis that they
           | 'abandoned their residency.'
        
             | jkaplowitz wrote:
             | > Even a green card holder can be denied re-entry on the
             | basis that they 'abandoned their residency.'
             | 
             | I don't believe CBP is allowed to deny a green card holder
             | entry on this basis if you provide any evidence that
             | amounts to a colorable claim of being an LPR, such as a
             | physical green card. They are allowed to pressure you to
             | officially give up your status by convincing you to sign an
             | I-407, but you have the right to decline that and insist on
             | being let into the country because you believe you did not
             | abandon your residency. In turn, CBP could choose to refer
             | you to an immigration judge, but this would still involve
             | letting you in.
             | 
             | If they do want to bother with the referral, CBP would take
             | the physical green card, give you alternate proof of
             | status, give you a Notice To Appear for removal proceedings
             | before an immigration judge, and let you in with all the
             | same rights as any other green card holder on a tentative
             | basis. Yes, the immigration judge would still revoke
             | permanent residency if you are found to have abandoned your
             | residency, but you have the chance to involve your
             | immigration lawyer and argue your case before the
             | immigration courts. And there might be a long wait before
             | you even get the court date in the first place.
             | 
             | I am not a lawyer or other immigration professional and am
             | speaking generally here based on general information. If
             | you think you might be in a situation where this would
             | happen to you, consult an actual professional for proper
             | legal advice applicable to your case.
        
               | [deleted]
        
             | klipt wrote:
             | > Even a green card holder can be denied re-entry on the
             | basis that they 'abandoned their residency.'
             | 
             | If you're actually living in the US and just taking
             | occasional vacations abroad this is extremely unlikely.
             | 
             | Where people get caught out is when they're trying to
             | basically snowbird between two countries while still on a
             | green card. In that case it's better to first serve your 6
             | years in the US to earn citizenship. Then you're free to go
             | anywhere anytime you want.
        
               | arcticbull wrote:
               | If you want to 'snowbird' like that without waiting for
               | (or ever planning to get) citizenship, you can apply for
               | an I-327 Re-Entry Permit. [1]
               | 
               | You can apply with form I-131 and like $575.
               | 
               | While it can take 3-12 months to process, if you apply
               | more than 60 days before travel and complete your
               | biometrics appointment, you can leave and pick it up at a
               | foreign embassy or consulate. This helps you avoid the
               | presumption that you abandoned your US residency.
               | 
               | [1] https://rjimmigrationlaw.com/resources/what-is-a-re-
               | entry-pe...
        
               | afavour wrote:
               | > extremely unlikely
               | 
               | Very true. But the point the OP is making is that your
               | entire fate is in the hands of a CBP officer and they are
               | a very, very mixed bunch.
               | 
               | I repeat OP's advice to avoid a land crossing, I'm not
               | sure exactly what it is but I suspect partly that land
               | crossings have much less time pressure. I've had my car
               | pulled over and partly taken apart looking for "anything
               | suspicious". We were two men in our mid twenties and I
               | think the agents were just bored, honestly.
        
             | Maciek416 wrote:
             | Understood -- the big multinational I was working for
             | employed an immigration law firm that tracked many such
             | crossings, and they practically begged me not to try
             | crossing by land based on their statistics (which suggested
             | a higher probability of trouble in land crossings). I
             | joined that statistic and learned to never take any chances
             | with any part of this.
        
               | arcticbull wrote:
               | Very interesting, I'll keep that in mind. Thanks!
        
         | joshvm wrote:
         | One option is to apply for Global Entry/NEXUS for Canada. You
         | will have a single potentially miserable interview with a CBP
         | officer who might bring your denial up because I'm sure they
         | ask if you've been refused entry before. But if they're happy,
         | you can enter the border without speaking to any agents (or a
         | significantly reduced chance). Once cleared, on arrival, they
         | snap a picture of your face at a kiosk and wave you through on
         | an iPad (no passport involved). It works out to around 20
         | dollars a year plus your home country's admin fee.
         | 
         | This doesn't solve your problem entirely but if you're legally
         | allowed to be in the US then there's nothing underhand about
         | taking advantage of the program.
         | 
         | I think NEXUS might be easier, but when I did this as a
         | European the border agent didn't really know what to do and was
         | very grumpy that I didn't provide a US address to send my card
         | which I was told by a different airport I didn't need. Once
         | that was sorted, I haven't had any trouble since and it usually
         | eliminates queueing at the border.
         | 
         | If you're physically in the US, do it at an airport if you can
         | get an appointment - they tend to be much more relaxed than the
         | border guards.
        
           | ashconnor wrote:
           | I was going to suggest this but I don't think it would
           | prevent being pulled into secondary.
           | 
           | Also, make sure you tell them you are on TN status or they
           | will happily wave you through on B1 which you won't know
           | until you download your updated I94.
        
             | nrmitchi wrote:
             | > Also, make sure you tell them you are on TN status or
             | they will happily wave you through on B1 which you won't
             | know until you download your updated I94.
             | 
             | Bingo. I had the unfortunate experience of crossing after
             | obtaining a renewal through USCIS, but before my original
             | TN had expired.
             | 
             | Despite giving them all of documentation, including the
             | I-797A and new I94, the agent entered me based on my old
             | TN, which expired.... a couple days later.
        
         | ashconnor wrote:
         | Also on TN status with a Computer Science degree. It appears to
         | be luck-of-the-draw with the CBP officers. I also have two
         | Software Engineering modules and my program was under the
         | Faculty of Engineer which helps.
         | 
         | I initially applied for L1B at Peace Bridge and was told that I
         | needed to show the company I worked for was profitable (not
         | true).
         | 
         | We drove to Detroit-Windsor from Fort Erie as they told us
         | there were no appointments until three weeks out (you don't
         | actually need an appointment I found out later).
         | 
         | In Detroit I was denied my L1B because "the last year you
         | worked abroad cannot count towards your acquisition of
         | specialized knowledge" (also false).
         | 
         | My opinion of CBP is you need to get the right one or have your
         | lawyer on speed-dial so they can argue with the officer.
         | 
         | Getting status at the border used to be seen as a pro for
         | Canadians but more and more I'm seeing it as a con.
        
         | bonestamp2 wrote:
         | > However, the officer denied me the TN status saying I need an
         | Engineering, not Computer Science degree, to qualify for the
         | Engineer TN status.
         | 
         | My wife had a similar thing happen (not a TN visa though). The
         | immigration lawyers got to work and she was allowed to try
         | again a couple weeks later. This time the officer agreed with
         | the assessment that she was qualified for that visa type. The
         | original officer had a very narrow perspective on how a certain
         | job title was defined that was not inline with how most
         | companies operate.
         | 
         | If your company has a Canadian office, the lawyers could try
         | getting you on an L visa. Or there's an E visa. Once you're on
         | one of those visas then your company can sponsor a green card.
         | Green cards are much more stable and they're easier to renew.
         | Then citizenship if you want to go that far.
        
           | Maciek416 wrote:
           | I am not a lawyer. The transition from TN->GC is possible too
           | under the right (narrow) circumstances. The big tradeoff is
           | not risking travel while within the lifecycle of one TN term,
           | and likely not being able to straddle a GC application across
           | the boundaries of a TN renewal period at all. For some
           | countries of birth, a TN term is not long enough to get
           | through the GC pipeline. But for Canadians born in Canada,
           | ones who have family willing to visit them instead of the
           | other way around, it may be doable. Or for folks born in
           | other countries which have no GC backlog or a short one.
           | YMMV, but I have personally seen someone go L2->TN->GC. An
           | unusual sequence but necessary given the particulars of that
           | case.
        
             | ashconnor wrote:
             | It's totally possible to go from TN to GC but you won't be
             | able to leave the United States from the point you file
             | your I140/I485 until your Advanced Parole document turns
             | up. You also can't get a new TN should you need one.
        
         | lannisterstark wrote:
         | Cbp officers are sometimes.... dumbasses.
         | 
         | One told me I had to get a Mexican visa if I were to come back
         | since I was visiting so often. Mexican visa. To enter the
         | United States.
        
       | sbassi wrote:
       | Been in the US 4 years under L1, then changed status to E-2, so
       | far 2 times, so that is almost 8 years working legally in the US.
       | No path to citizenship and can't get out from US to my country
       | without loosing status. Is there anything different I could do to
       | improve my situation?
        
       | throwaway3895 wrote:
       | Me: EU citizen, with a PhD. Wife: US citizen. We live in Europe.
       | Wife cannot work due to a disability. How complicated would it be
       | for us to move to US?
        
         | proberts wrote:
         | There might be a public charge issue. Either you and your wife
         | would need to show enough liquid-ish assets or you would need
         | to have a job offer from a U.S. company.
        
       | embwbam wrote:
       | My girlfriend is Canadian, and an AMGA Rock Guide (American
       | Mountain Guide Association: the US certifying body). She would
       | like to be able to work for gyms and guiding companies in the US.
       | What's the best way to make that happen? (short of marriage...
       | fool me once!)
       | 
       | Should we hire an immigration attorney?
       | 
       | Do you know if it would be easier for her to get permission to
       | work in Europe?
        
         | proberts wrote:
         | You definitely should get fact-specific advice from an
         | immigration attorney. Is she looking to live in the U.S.
         | permanently or just work here when there's work?
        
       | ecec wrote:
       | Hey Peter, thank you so much for doing this! I'm currently a F-1
       | student in Michigan doing CS major undergrad. In Jan, I had a DUI
       | case with BOC: 0.09, and I just started with the whole court
       | thing. Since I don't have a result yet, will a bad record lead to
       | an eviction of the country or will it lead to a hard time later
       | if I ever want to apply for green card / H1B in the future?
        
       | TNWin wrote:
       | I want to setup part of the development team outside of a US in
       | Nepal. The country has very restrictive policies around
       | transferring dollars outside of the country. It maybe the case
       | for others as well. I am not sure what to do next. Do you
       | recommend different kinds of attorney - tax? corporate? Do you
       | recommend a company that has done these kinds of setups?
        
       | mavins wrote:
       | As a Canadian, for L-1Bs adjudicated by CBP at a Canadian port of
       | entry, how long does it typically take for USCIS to send the
       | I-797 approval notice after processing? CBP officials have not
       | shared the tracking number for USCIS tracking (WAC #) during the
       | border processing and hence there's radio silence on the
       | processing. Do you recommend international travel and re-entry to
       | the US with just the endorsed I-129S, passport stamp, and current
       | I-94, without any problems?
       | 
       | Thank you!
        
         | proberts wrote:
         | Months! Although this after-the-fact approval notice isn't
         | required for reentry. The I-129S is associated with a blanket L
         | application so this would only be relevant if you obtained a
         | blanket L and if you did, you definitely should be keeping in
         | your passport and presenting to CBP an endorsed copy.
        
       | Zpalmtree wrote:
       | I am in the US on a H1-B visa, and my employer is starting the
       | process of sponsoring me for a green card. I was born in the UK.
       | Is this likely to succeed, and is there an estimated time it
       | takes to be selected?
        
       | TheMagicHorsey wrote:
       | Does it now make more sense for Indian engineers to immigrate to
       | Vancouver or Toronto to work at a startup rather than the Bay
       | Area, given all the recent uncertainty and delay around
       | greencards?
        
       | raulpegan wrote:
       | What is the process like for employees waiting for i485 approval
       | (2+ year wait times) who decide to change companies? Assuming
       | EAD/AP and everything else has already been approved.
       | 
       | My understanding is that the application is "portable" to an
       | extent, but what exactly does that mean? Does the PWD need to be
       | filed again?
       | 
       | From a startup's perspective, what does the company need to do to
       | accommodate this incoming employee?
        
         | proberts wrote:
         | Generally it's very easy to port an I-485 application after the
         | I-140 has been approved and I-485 has been pending for more
         | than 6 months. The primary requirement is that the new job in
         | the same or similar occupation as the previous job and that the
         | new company is a real company with the ability to pay employee.
         | But the job location, job salary, job level can all be
         | different.
        
           | raulpegan wrote:
           | Thank you for the response!!
           | 
           | How specific is "same or similar"? Say, going from front end
           | web dev to machine learning. Or going from VLSI to full stack
           | web dev. All very similar in that they're software
           | development heavy, but do have significant differences in the
           | actual field.
        
             | proberts wrote:
             | Similar within the field of software engineering or
             | software development or even more broadly than that so I
             | see no issue with the examples above.
        
       | Herdinger wrote:
       | Hi I am not really asking for specific advice (since I know our
       | situation is already not working out to nice...), I just want to
       | highlight how absurd the state of affair is and maybe get some
       | input on that.
       | 
       | My wife is a US citizen and we currently both live in Germany and
       | planed to move at the and of this year. We've filed a I130 in
       | November last year and got an initial estimate of it being done
       | right now (7 Months not to bad). But looking further into it it
       | takes at least 15 Months to process this stage of immigration,
       | worst case scenario it could've been 50 months (4 year!!!)
       | 
       | This wouldn't all be to bad but to add insult to injury it looks
       | like I'm effectively barred from entering the US during this
       | period and US customs can even bar me for 5 years from entering
       | the country if I try.
       | 
       | I just feel incredibly sad about the fact that the way to go if
       | you have a sweetheart in the US seems to be to illegally marry on
       | a Tourist entry into the country...
       | 
       | The earliest the US would even respond to our inquiries is in
       | 2024, which is frankly ridiculous.
       | 
       | There doesn't seem to be any workarounds other than transferring
       | on an L1 Visa between companies that are situated in Germany and
       | the US, every other visa is single intend (i.e illegal if you
       | plan to stay and the US gets to decided if you're trying to do
       | that)
       | 
       | I don't understand what the US is scared of, taking their social
       | benefits? Especially since 90% of the I130 are approved, there is
       | no reason it takes that long or needs such rigorous vetting.
       | 
       | Peter if you know any better or disagree please let me know :(
        
         | proberts wrote:
         | Unfortunately I've seen these terrible delays with our own
         | clients and there's little that can be done other than what you
         | suggest: get to the U.S. on some type of work visa and then
         | pursue the green card when here, which is a very fast process.
         | But one correction: you are allowed to travel to the U.S. as a
         | visitor while your green card application is pending; you just
         | need to maintain a home abroad and not work when here. We've
         | had spouses in the same situation spend months and months in
         | the U.S. while waiting for the green card process to run its
         | course.
        
           | throwaway9971 wrote:
           | I am in similar situation, except wife is in India with
           | younger kid and I am in US with elder kid in university. I am
           | told there is a good chance she will be denied tourist visa
           | even if not yet applied to GC, as rest of us are US citizens.
           | And she will be denied tourist visa after applying for GC.
        
             | proberts wrote:
             | That's a separate issue. If one already has a tourist visa
             | or is from a visa waiver country, there really are no
             | issues traveling to the U.S. while the green card process
             | is pending if you are smart and careful. But it's very
             | difficult to obtain a tourist visa if you are in the green
             | card process.
        
           | Herdinger wrote:
           | Thanks for the quick response, I agree if it would be that
           | easy, sadly I've had friends that were turned away by customs
           | for that exact reasons (staying months while they visited
           | last time) and got recommended against even trying to enter
           | by an attorney since the I130 in flight might be used by US
           | customs against me.
           | 
           | I don't think you or anyone can assure me that if I am
           | currently trying to enter the country for a visit I might not
           | be turned away by customs (worst case scenario being barred
           | from entering for years).
           | 
           | I don't know how you can plan your existence around random
           | chance of US customs.
           | 
           | Please correct me if I'm wrong with that assessment.
           | 
           | To come highlight again, this has been a huge surprise to my
           | wife's family who resides on both sides of the political
           | aisle.
           | 
           | They assumed it would be bad, but not quite how bad.
        
             | proberts wrote:
             | With the right advice, you should be fine to travel. Never
             | has a client of ours in your situation had an issue
             | entering the U.S.
        
         | lanice wrote:
         | Not advice, just some words of encouragement: I am in a very
         | similar situation (German citizen, US citizen spouse), and we
         | started our I130 petition at the end of August last year. We
         | got the approval notice (for the I130) literally this week.
         | 
         | So with your November filing, I think it would not be
         | unreasonable to expect an update within the next 3 months or
         | so. And from there on it should go fairly fast, probably just
         | 1-3 months from an approved I130 to a GC.
         | 
         | Good luck!
        
           | proberts wrote:
           | Good guidance. That's what we're seeing as well with
           | marriage-based immigrant visa applications, about 9-12 months
           | for the I-130 to be approved and then, depending the
           | consulate, about 1-4 months to get the immigrant visa.
        
             | quotz wrote:
             | I am in a similar situation. Is there anything we can do if
             | we havent heard back from them in more than 18 months?
        
       | meowmeowwoof wrote:
       | how are tax records examined when applying to transition from lpr
       | to citizenship?
        
         | proberts wrote:
         | Depending on the relevant GC period (whether 3 or 5 years), an
         | applicant for naturalization must provide copies of his or her
         | federal tax returns or tax returns transcripts for this period.
        
       | neilsharma wrote:
       | If I'm a citizen and want to sponsor my parents to get green
       | card, do they have to spend 6 months/year in the US? Is there a
       | way around this requirement? Life abroad is better for them so 6
       | months/year in the US is a lot, but having the flexibility to
       | come and go would be nice without having to deal with visas.
        
         | proberts wrote:
         | The short answer is no, they do not have to spend at least 6
         | months a year in the U.S. We have many clients whose parents
         | essentially live in two countries. Certain easy steps just need
         | to be taken in advance.
        
       | tshrjn007 wrote:
       | What green card options (Indian born) do founding employees for a
       | startup have? And how probable are those options? EB-1, O1, etc?
       | 
       | If on paper, we can show we're co-founders does that change the
       | equation?
        
       | gnandigam wrote:
       | What is the immigration process to move to another company if you
       | are waiting on I-485 approval (status: pending, but EAD granted)?
       | I'm currently laid off from the company that petitioned for my
       | GC. (I'm not sure if I received a visa number).
        
         | proberts wrote:
         | If your I-140 has been approved and your I-485 has been pending
         | for at least 6 months and you will be working in a similar
         | occupation, then it should be easy. The wrinkle here - which
         | would require a conversation - is your layoff.
        
           | gnandigam wrote:
           | I-140 approved. I-485 pending for 1 1/2 year. Have been on
           | H-1B throughout my employment (i.e., haven't used AP or EAD).
           | What wrinkles do I have?
           | 
           | Thanks a lot for taking time to answer me.
        
       | afr0ck wrote:
       | I am an Algerian citizen who is currently doing PhD studies in
       | computer science in the UK. My area is systems and computer
       | architecture.
       | 
       | The job market in the UK in my area is very slim I can't find the
       | type of jobs I would like to do. That's the reason for me why I
       | want to move to the US.
       | 
       | What are the possible routes that I can possibly take to
       | immigrate to the US?
        
         | proberts wrote:
         | Unless you have U.S. citizen relatives, the path to the U.S.
         | usually requires sponsorship by a U.S. company. The good news
         | is that many with PhDs qualify for the O-1 visa, which avoids
         | the whole H-1B lottery mess. You also could do a post-doc in
         | the U.S. (typically on a J-1 visa) and then convert this to a
         | longer term work visa or even green card.
        
           | afr0ck wrote:
           | Very insightful! Thanks very very much Peter!
        
       | joker_minmax wrote:
       | If you (US Citizen) marry out of the country, and stay with your
       | spouse (foreign citizen) in that country, how long is the current
       | wait to come back into the country and have your spouse with you
       | on a CR1 visa? And are there any advantages to K-3 over CR1?
        
         | Gabriel54 wrote:
         | - While the K-3 visa technically still exists, in practice it
         | is rarely granted (i.e. on the order of 1 or 2 every year
         | globally) [0]. You can apply for it in addition to the CR-1
         | visa but in practice, once they approve your I-130 petition the
         | K-3 visa application will be cancelled automatically (and you
         | will move forward with the CR-1 visa application)
         | 
         | - The first step to get a CR-1 visa is to file the I-130
         | petition, which as per [1] is taking about 12 months on
         | average. Your luck may vary.
         | 
         | There is no magic pathway unfortunately but on the positive
         | side, your spouse will be a permanent resident as soon as they
         | enter the country.
         | 
         | [0] https://travel.state.gov/content/travel/en/legal/visa-
         | law0/v...
         | 
         | [1] https://egov.uscis.gov/processing-times/historic-pt
        
           | proberts wrote:
           | Agreed. Generally it just makes sense to apply after getting
           | married rather going the fiancee visa route. And expect 12
           | months or so.
        
       | [deleted]
        
       | contingencies wrote:
       | Hi Peter. We spoke by phone last year. I am shifting a venture
       | from China to the US as an Aussie. While things are nominally
       | easy for me, and you raised the interesting point that spouses
       | are now in a better situation under the Aussie category, I note
       | we are _still_ waiting for a visa interview for my family
       | (Sydney). We intend to complete financing in the US before
       | December then exit and re-enter on new visas with the self-
       | sponsorship route and a good deal of investment in the bank, at
       | which point the various paperwork you advised as supporting (eg.
       | real estate) should be trivial. My question to you is this: how
       | do we speed up the next visa changeover? We will only have 90
       | days up front. After which, a plethora of initial setup work
       | (equipment commissioning, etc.) needs to occur demanding of
       | presence. I can 't afford to sit around this long waiting for
       | bureaucrats again and I don't want to be separated from my
       | family. Can we apply while actually in the US on another visa?
       | Can we iteratively amend an application with new data (eg. real
       | estate, investment agreements, etc.) after it is lodged as this
       | information settles? Or perhaps, is there any way to apply with a
       | business case for expedited processing at US consulates?
       | 
       | We are also now looking to bring in a few Europeans with
       | exceptional professional skills in allied areas. What do we need
       | to look out for in doing this and which visa category is the most
       | stable for their application? As a startup are we limited in how
       | many people we bring in? Right now there are at least two. I
       | recall in the past I was on some sort of management-for-new-US-
       | subsidiary type visa (~2010) and this was preferential to the H1
       | types. Cheers.
        
       | textread wrote:
       | Have any YC founders previously opted for 'citizenship based on
       | investment programs' such as St. Kitts & Neves etc?
        
         | proberts wrote:
         | I haven't seen that with any YC founders but other clients of
         | ours have opted for foreign citizenship investment programs and
         | they seem to have worked well.
        
       | booboo28 wrote:
       | I work as a software engineer on H1B visa due to expire in Sep
       | 2025.
       | 
       | My workplace is processing my GC, currently pending DOL wage
       | certification.
       | 
       | I hate my job.
       | 
       | If I change job, it appears they'll have to start the process
       | again. It looks like I will lose work permit if I don't receive
       | i140 on time.
       | 
       | I haven't run the numbers but is it too late to change jobs now?
       | What are my options?
       | 
       | It's too stressful!
        
         | proberts wrote:
         | I know. It's awful. But if you find an employer who's willing
         | to help, you have plenty of time. And - although not 100% true
         | - in my experience, it's never good to stay in a bad job
         | because of immigration.
        
       | jewelry wrote:
       | I'm managing a software engineering team for a medium size
       | startup (400 engineers) and one common question is about the
       | source income restriction of H1B employees. One example is that
       | O'Reilly reached out to one engineer on a book deal, and it seems
       | to be impossible to proceed considering he's on H1B. Any angle to
       | work around it?
        
         | proberts wrote:
         | Good question. Separate income streams are complicated. A
         | concurrent part-time H-1B is sometimes an option for other
         | employment. The problem with this specific situation is that a
         | concurrent part-time H-1B would have to be structured, at least
         | in part, as paid employment.
        
       | HDMI_Cable wrote:
       | If you could reform the immigration system in one way, how would
       | you do it? Would you say that US immigration is currently broken
       | for tech workers?
       | 
       | Also, how does US immigration compare to other countries, such as
       | the UK, Canada, or Germany? Is it easier to immigrate or harder?
        
       | throwaway63820 wrote:
       | My startup is taking off, but I'm on H1-B, about to get my perm
       | and apply for I-140.
       | 
       | I haven't incorporated, haven't setup an LLC, have accepted
       | payments on my girlfriend's sole proprietorship. What can I do
       | here that doesn't screw me over when it comes time for my
       | interview?
        
         | proberts wrote:
         | You have to be very careful here. The payments are a problem.
         | Maybe obtain a concurrent part-time H-1B through your company.
        
       | joey-mamba wrote:
       | How important is a degree for o-1? and what are easy or non-
       | negotiables or important conditions or awards that definitely
       | make someone qualify for a o-1?
        
         | Detrytus wrote:
         | Nobel Prize is your best bet :) Also, if you are an athlete
         | then Olympic medals help. Other than that, it's all subjective.
        
         | proberts wrote:
         | A degree is not required at all. Of course those with an
         | advanced degree by virtue of having obtained an advance degree
         | often check a number of O-1 boxes (publications,
         | journal/conference paper review work, original and significant
         | contributions). I'm not aware of any easy awards that would
         | help.
        
       | itronitron wrote:
       | Regarding remote work between Europe and the USA, is there an
       | easy path for US based companies to hire a US citizen or an EU
       | citizen to work remotely from an EU residence?
        
         | proberts wrote:
         | Unfortunately, this isn't really a U.S. immigration question.
         | U.S. companies can employ anyone who is outside the U.S.
         | without needing to obtain a U.S. work visa. U.S. immigration
         | doesn't apply if the worker is outside the U.S.
        
         | JulesRosser wrote:
         | The US company I work for is remote first and we hire all
         | around the world.
         | 
         | Not sure how helpful this is, but our method is that if we have
         | a registered company in their country they will be hired as a
         | typical employee. Anyone hired in a country we don't have a
         | corporate presence in is hired as a contractor.
        
       | aced123 wrote:
       | Hi, I'm from Germany and have nearly my master degree in computer
       | science is there a possibility to immigrate to the US? What would
       | make the most sense? How long does it take? Thank you very much
       | for your time!
        
         | aced123 wrote:
         | And How much does it cost?
        
         | aced123 wrote:
         | And how much would it cost?
        
       | citiz3nkan3 wrote:
       | My situation: - I am on an H-1B visa and working at BIG_TECH_CO -
       | I am in the final stages of my EB-2 green card application
       | process, which is sponsored by BIG_TECH_CO. My I-140 was approved
       | a few months ago, and I-485 is pending. BIG_TECH_CO's immigration
       | lawyers have told me that they believe my priority date will
       | become current in October, when the green card numbers refresh
       | for the government's fiscal year. - In mid September, my I-485
       | will have been pending for >6 months.
       | 
       | I would love your help understanding two scenarios. Specifically
       | - If I were to leave BIG_TECH_CO and join another company in
       | October, would I be able to maintain my green card application
       | according to AC21? - Same question, but what would it look like
       | to work for my own company instead?
       | 
       | From what I have been able to gather by reading online, I would
       | qualify to transfer employers after six months. However, a few
       | pieces are still unclear to me: - If I switched employers, my
       | understanding is that I would want to stay on my H1B until the
       | I-485 is approved, to minimize risk in case the I-485 is denied.
       | I assume that would be a fairly seamless process if I were to
       | transfer it to another employer, but would I be able to transfer
       | it to my own company? - If I pursue a naturalisation application
       | 5 years after the green card is granted, would the government
       | look unfavorably on the fact that I moved employers so soon after
       | the I-485 window has passed? My limited research has raised this
       | as a concern, on the basis that USCIS grants green cards on the
       | assumption that the applicant has the intent to be "permanently
       | employed" by the filing party? - Is there anything else I'm
       | missing?
        
         | proberts wrote:
         | There's no issue from a naturalization standpoint with changing
         | employers if AC21 applies. That's the whole point of AC21,
         | facilitating job change. AC21 is easy, as long as the I-140 has
         | been approved, the I-485 has been pending 6 months, and the new
         | job is in the same or similar occupation as the sponsored job,
         | the I-485J should get approved without any issue. Regarding
         | maintaining H-1B status, it's a nice back-up but not all
         | employers will support it - as long as the new employee has an
         | EAD of course - although it's rare that a pending I-485
         | application isn't approved.
        
           | citiz3nkan3 wrote:
           | Thank you for the response Peter! Really decent of you to
           | take the time to help us all. The process can be stressful,
           | as I'm sure you know.
        
       | I_am_tiberius wrote:
       | Are you permitted to voice opinions here that may not endorse
       | YC's stance?
        
         | proberts wrote:
         | There's no YC stance. I'll do my best to provide helpful,
         | honest, and independent answers and advice.
        
       | PettingRabbits wrote:
       | How would somebody that qualifies as a TN NAFTA Professional
       | (e.g. Canadian applying for engineering job with relevant
       | engineering degree) answer the question of "Are you authorized to
       | work in the US?", particularly with regards to sponsorship? As I
       | understand it, the question is to determine if the employer needs
       | to apply for a visa, (H-1B, etc) but according to USCIS all the
       | employer has to do for TN is provide a letter outlining the job,
       | employee qualifications, etc. Is this considered sponsorship?
        
         | proberts wrote:
         | The TN is company-specific so if you are applying for a new
         | job, even if you have a TN with one company, you would need a
         | new TN and even though the TN process is generally simple and
         | easy, it qualifies as sponsorship.
        
           | PettingRabbits wrote:
           | >it qualifies as sponsorship.
           | 
           | Rats. It's gonna be tough to make it past the first screening
           | round with a No answer. Oh well, fingers crossed some good
           | referral action can help. Thanks for the insight.
        
       | hdjsnxbsbsh wrote:
       | [dead]
        
       | thrawa8387336 wrote:
       | How often do you see mistakes in application? Was doing TN to GC
       | and my case was considered abandoned because we never got the RFE
       | for medicals. We also never got any warning online or otherwise.
       | After 9-months of the supposed RFE, it was denied. My lawyers
       | recommended not reopening because of TN
        
         | proberts wrote:
         | It might have been an issue - I can't know without knowing all
         | the facts - but your lawyers should fight hard on not receiving
         | the RFE and the resulting denial, file a motion/appeal, get a
         | Congressional office involved. This isn't uncommon and usually
         | USCIS will correct this.
        
           | boomchinolo78 wrote:
           | Thank you! At this point we reapplied but left thinking, what
           | if we had filed a motion? The main thing was they did not
           | know how quick it would have reopened and I risked running
           | out of authorization in the meantime.
           | 
           | They did not strike me as particularly knowledgeable as to
           | getting a Congressional office involved even though I brought
           | it up. Just big-tech provided lawyers, not sure how effective
           | they are when the process deviates from usual
        
       | focom wrote:
       | I will soon have my Canadian passport. Is the TN visa really easy
       | to get at the border?
        
         | proberts wrote:
         | You need to be applying to work in one of the NAFTA-listed
         | occupations and have the appropriate qualifications (generally,
         | a related degree). If do, it's generally easy. It's also
         | usually handled by the employer's immigration attorney.
        
       | vethrowaway wrote:
       | Hi, what would a reasonable path and timeline look like for a
       | Venezuelan national (that holds a BSc in Engineering) hired by an
       | U.S. software company to emigrate to the U.S. legally? Is the
       | correct visa an H1B, or could something like an EB work better in
       | that scenario?
        
       | pushkar2911 wrote:
       | What is a good way for someone with Canadian Citizenship but
       | Indian born to move back to US? I did my MS in US and then moved
       | to Canada on PR after failing to get H1B after 3 attempts. I
       | don't work for FANG and work for mid sized Canadian company, so
       | moving through my company is difficult.
       | 
       | I would love to move back to US because of more employment
       | opportunities than Canada.
        
         | letitgo12345 wrote:
         | TN visa
        
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