Microsoft recently announced that their employees can permanently work from home. Several other companies have announced similar policies and this trend will likely become widely adopted very soon.

So far, geographical proximity to a job has so far been an important factor for several employment based visa types like the h1-b. With this quickly changing, can you share some thoughts on how the diminishing importance of a physical work place and proximity to offices will impact various employment related visa types? Is there any indication that some guidance or rule changes to accommodate the changing nature of how we work will be considered any time soon?

It's a big issue and other than some limited temporary accommodations/flexibility because of the pandemic, U.S. immigration law has not caught up with the reality of remote employment, unfortunately, and there's no indication yet when it will partly because many of these changes would require changes in the regulations.

I'm sorry it's behind a paywall, but it's worth reading the following article that polls various CEOs across the usual industries/companies about their views on remote work. I think it's a good moderator to some of the news around MSFT as a lot of these are huge tech employers.

https://www.wsj.com/articles/what-ceos-really-think-about-re...

I’m a digital nomad who has been working from Pakistan for the past month for a USA East Coast company . Can confirm. 12 hour time zone difference is suboptimal XD

And cultural. It’s non trivial to have a team working cohesively both in India and USA. Even between cities it’s difficult

I have also seen amazing multi-region teams operating on different timezones. Sometimes they work on entirely different projects and sometimes on same stuff but with 24/7 operations so to speak.

Operating in other regions also gives access to large markets outside the US with entirely different markets and legal structures.

Current laws in the US actually force existing companies to look outside more. For newly starting startups, this transition to international might sooner in their journey. Maybe they'll start hiring in other countries in Series B instead of waiting for a series C.

My team is split between the US and India. The time zone difference makes things harder, but we work well together. The cultural issues are greatly lessened by the fact that a number of people on the US side of the divide are from India, and I (US-born white guy) have made five trips to India to get to know people there. We're able to hand off issues to each other and address customer issues quickly because someone is available around the clock. I've had to push back and limit meetings to keep from working all the time, but it's easy to get sucked into over-long hours.

Cultural differences are not necessarily bad, and people can adapt and learn how to work together over time.

You cannot change timezone differences no matter what you do.

Truth, having worked with a team of 15 engineers in Bangalore - there is a huge cultural difference. Yes, I understand some people might be offended by this but I am speaking unadulterated truth with absolutely no offense meant in terms of race/country/origin. The culture is totally different and IMO not conducive to innovation, critical thinking and constructive feedback - it is the opposite.

Still, some people will be offended by this. Are there exceptions? Absolutely. Is this a common pattern and generalization? Yes.

How much of this is getting what you paid for? how much of this is inability to build and grow professional relationships, willingness to learn cultural awareness? I've worked as an engineer on both sides you mention.

You get what you pay for, there are companies that charge you more and some that charge you less. There are companies that hire good talent, pay them well, have experienced engineers who have worked with range of people/projects and consequently are generally well travelled and culturally aware. And, there are companies that just hire inexperienced engineers etc. Irrespective of which country, if you want a good team of engineers, you got to be willing to pay more.

And, while working with people from a different country/geography, instead of just expecting the people you work with to be culturally aware, you got to be willing to learn and get culturally aware too. Did you put in any effort? For instance, if you go in with I won't even care about trying to pronounce your name right or a bias that "your culture is just not good for innovation/critical thinking etc" attitude, you wont get anywhere.

So basically you agree. Cultural differences are challenges that cost time, money and effort to overcome. Sometimes it's not worth it.

I will also add that it's kind of sad that you imply that people who just live according to their culture are "less good", or "cheaper", or "less experienced". Price and cost have nothing to do with it. It is normal for people to live and behave the way they've been taught.

> It's kind of sad that you imply that people who just live according to their culture are "less good", or "cheaper", or "less experienced".

Not sure how you got this from what I wrote. I was responding directly to -

"..The culture is totally different and IMO not conducive to innovation, critical thinking and constructive feedback - it is the opposite..."

I was trying to say don't look down condescendingly on other cultures and expect to develop a great working relationship. Experience with different teams and people gives you cultural awareness, where you learn how to motivate, communicate with different people effectively.

Anyway, all I can say is I have worked with multiple teams from different countries and cultures, and haven't had the challenging experience you mention. So, when you use your personal experience to make a generalized claim, I feel its inaccurate.

So, felt compelled to leave a comment. I am not looking to change your opinion though.

I am tolerant of all cultures, religions, etc., but I do not find the belief in a caste system, or any form of discrimination against women to be compatible with modern western work culture and equal employment laws.

All other countries in Americas match the time-zones with USA. Also most are much cheaper for living and with easier imigration systems. And there is always an option to visit USA HQ on B-1.

I am a regular Software Engineer at a FAANG company. I have a Bachelor's degree in CS and no papers or patents. What's a reliable route for me to file a successful EB-1 application?

What kind of hackathons I can judge/other industry events can I speak at/be in the press to satisfy the requirements of EB-1? How can I get those opportunities?

I have an EB-1A (extraordinary ability). I can try to help you if you give me some details. Like, why do you want to pursue the EB-1 route ? I ask because, the way you've phrased the question "satisfy the requirements of EB-1", I don't think you fully understand what it entails. Its not like a driver's license you apply at the local DMV - I know how to drive, now give me the license! Its more like - you are making a formal request to the US government. You are then furnishing a ton of documents as proof of your abilities. Even after all that, it's still their call. If they turn you down, that's fully within their right. And they can always do that - it is their country after all. I was always prepared to return to India if they rejected my application. If they approve, its your privilege. The way I view it - I took a shot & the ball went thru the hoop. Doesn't mean everytime I take a shot it will do that. Doesn't mean if somebody else takes a shot & it doesn't go thru the hoop, they are a worse player. afaik, there is no rule in the constitution that says you have satisfied all the requirements of EB1 so you must get EB1. At best, you can apply, but not appeal.

What kind of roles in tech industry get EB-1A, apart from management?

Anything niche is good candidate. I'll give you a few examples. One of these examples was me, the rest were my friends who also got the EB-1A.

Examples - software eng in investment bank building some complicated bond pricing engine with some heavyduty math, software eng in car manufacturer building an EE tool to visualize hazard parameters after car crash, software eng in bio building tool used for genetic splicing, software eng in pharma building tool for drug identification from trials.

As you see, none of these is management. Regular software engineer, usual BS/MS in Computer Science, not in tech industry, but in some niche field (typical boring East Coast/Midwest/Defense Corridor company), building something niche to support PhDs in the team. The PhDs then give you tons of supporting paperwork that basically says your presence in USA is "in the national interest" & if you don't get EB1 their whole research will come to a halt. If immigration officer buys into that, you get your EB1.

The EB1A (extraordinary ability) category has become incredibly tough (and much tougher than the O-1). Before doing anything, I would recommend that the individual get his or her background evaluated because it's a lot more and lot more nuanced than having patents or published papers or judging events. Just to avoid spending time on things that won't really lead to an approval.

It can be very difficult to draw a through line or see a pattern in the EB1A adjudications. What's clear, however, is that it's a much higher standard than it used to be. It used to be similar to the O-1 standard but now USCIS wants to see a lot more than just meeting the required three criteria; it wants to see external/third-party evidence that the applicant is set apart from most of his or her peers through, for example, the purchase of a company founded by the applicant, the widespread use of a product developed by the applicant, the receipt of a major national or international award, publications with lots and lots of citations, extensive media coverage in major media, keynote/major invited conference speaking engagements, very high base and total compensation, etc.

Adding my datapoint: I was voted Innovator of the Year for 2 years in a row in a major Fortune company, where the Research department is stocked with MITs and Stanfords. I was rejected for EB1. I am still on H1B 12 years going. The lawyer explained that I have patents by no papers which might be the reason. But in truth no one knows.

(I can't publish, as most of my work would be viewed by my employer as trade secrets).

Could be because they need to see you impacting the industry (evidenced by letters from peeps at other companies), not just within one company. Which is tough when the company considers your innovations a trade secret.

For others who did not know what EB-1 is (like me):

> The EB-1 is a preference category for United States employment-based permanent residency. It is intended for "priority workers". Those are foreign nationals who either have "extraordinary abilities", or are "outstanding professors or researchers", and also includes "some executives and managers of foreign companies who are transferred to the US". It allows them to remain permanently in the US.

> Therefore, applicants who can demonstrate their extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim are not required to have a permanent offer of employment in the US and are eligible to self-petition, however, they must intend to work in the US in their field of expertise.

>Therefore, applicants who can demonstrate their extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim are not required to have a permanent offer of employment in the US and are eligible to self-petition, however, they must intend to work in the US in their field of expertise.

One example being none other than the present FLOTUS. Clearly, she had enough patents, publications, and/or athletic and cultural achievements to qualify as an EB-1 recipient.

(Oh, hi. How's that swamp-draining coming along, guys?)

I second this question.

As a follow up, do single papers, patents and interviews help with an eb-1 application ?

On an EB2 people like me have decades of wait time to get my GC.

I think a sustainable way is to have professors and universities collaborate with H1B employees directly, to allow for them to publish papers and get in via the EB1 route. It won't work for every one, but could work for some and improve their situation and free up the Eb2/3 queues.

We already have grants from the industry to universities to do research. Is there something like this out there for immigrants like us?

Isn't the long wait due to the arbitrary cap of something like 50K GC/country/year. Seems like Congress should just fix that as part of comprehensive immigration reform.

If you are interested to read more, this page talks about the current efforts to fix the cap and the politics surrounding it (reverse chronological order) - https://redbus2us.com/s386-hr1044-green-card-bills-latest-ne...

That's the reason for the wait, yes. Even EB3 is current provided you are not originally from two specific countries.

In case it helps anyone, I wrote my Eb1a experience here : http://Eb1a.substack.com

I am a PhD dropout but as a startup founder i was able to get an EB1 in the business category (not technology/science which is the common route, even though i was CTO and had a couple papers). Something for founders or senior business leaders to consider.

Would you mind sharing the name of your startup or more information about its size, growth, product that has been key for getting an EB1?

Could you share more details about your case. Happy to email you or chat elsewhere.

Alternatively, are there any specific resources / attorneys you recommend reaching out to for EB1 evaluations? [particularly in/around NY for my case, but I guess that's not very important anymore]

> I am a regular Software Engineer at a FAANG company.

If you're at a FAANG then you're probably already far far better than you think you are.

I wouldn't idolize FAANG too much.

Sincerely, one of the 100k+ FAANG engineers in the world.

> one of the 100k+ FAANG engineers

Right, but 100k FAANG engineers is like the top 1% of engineers worldwide.

Perhaps by pay scale. Definitely not by talent/productivity.

I'm pretty sure anyone able to pass a FAANG interview is well within the 1% of talent for our industry. Those things are brutal.

The interviews are brutal. But they don't consistently identify talent. I know a lot of people at all of them and turn down interviews nearly constantly (Apple is the only one I've considered - the rest violate my ethical standards. And I'm not going to commute to Cupertino).

There's a lot of deadweight at these companies.

And all of the are at FAANG? How convenient

For founders and key technical talent outside the U.S. who did not finish their undergraduate degrees, are they in-effect disqualified from H1B and must go the route of an O visa?

Given technical people aren't celebrities or sports figures, beyond conference proceedings, what were the kinds of evidence these kind of applicants presented in support of an O - or another type of visa?

(1) No because their education and experience can be evaluated to be considered the equivalent of a bachelor's degree for H-1B purposes. (2) Publications, journal/conference paper review work or competition (hackathons for example) judging, original and significant contributions, and memberships (requiring outstanding achievements of members).

So if you don't have a degree but have a few publications (peer reviewed?) can they replace the degree for H1B and other visas?

No, education and experience.

I am this person. Before the recent changes announced within the last few weeks, the general way this worked was 3 years of work experience == 1 year of degree. I had my work experience (including being a founder) independently evaluated by a recognized professor who attested to that fact and it qualified me for a H1-B.

That said, the total sum of my industry experience at the time exceeded 12 years.

I'm sure you saw the article recently about the H1B visa program requiring significantly higher pay for visa holders. How do you think this will affect current visa holders? Obviously it varies case by case but I'm hoping you'll have insight into this that I don't have.

https://www.wsj.com/articles/trump-administration-announces-...

The higher prevailing wages don't impact the present wages of those currently in H-1B status; they will only apply to extensions and new filings.

Just got informed of this change/regulation. My first extension after first 3 years of H1B is coming up next July.

Do we currently know any ballpark numbers for the wages for the regulation?

It looks like prevailing wage data isn't available in flcdatacenter.com. Any idea if that's intentional or is it expected to be available sometime later?

Thanks!

It's available now

Hi Peter, thanks for doing this again.

I'm a startup founder from India who'd love to learn more about how to gain access to US capital markets and startup ecosystem. (e.g. Annual VC deal volume in US is typically 25x that of India).

I'd love to know what you think are some practical ways of going about this, any common gotchas etc.:

1. Opening a delaware c corp via stripe atlas, any common mistakes you've seen?

2. For a small bootstrapped business (<$100K ARR), are there any realistic ways for the founder to immigrate to the US? (mainly to access a better ecosystem, community)

3. For setting up a remote team: Say that I keep the tech team in my home country, what's the best way to, for example, set up a sales team in the US? (common use case for B2B SaaS)

This book came out recently and might help with some of your questions. https://www.amazon.com/gp/product/B08GZPBFPH/ref=dbs_a_def_r...

PS: I haven't read the book, so take it with a grain of salt

if you're looking for a less expensive option - check out Blook.io - we help global founders register their businesses in the US and provide a free EIN/bank account :)

You have an asterisk next to the bank account and yet you provide no details on the website. I'd say most people are doing this mainly for the bank account (and payment processing). So you might want to expand on that in the website to avoid me sending you an email to ask about it.

FWIW, I found the asterisk reference here: https://www.blook.io/pricing

> *We are not responsible for the bank account approval. We facilitate and expedite the process as partners for our clients. Mercury works with FDIC-insured banks, including BBVA Compass, Member FDIC, and Evolve Bank & Trust, Member FDIC, to store your deposits.

But I agree with you, I should not have had to go digging to find it on an arbitrary page hidden under yet another "click here to expand" block.

Thanks, I'll check it out.

Can you provide a granular breakdown of why I would pick this vs Stripe atlas?

Thank you for hosting another session Peter. I'm an Indian H1-B guy working on an MVP with a green card holder here in California. I'm working for an employer right now, but really willing to jump on my project full time if it shows promise. We're not going to make any income from it until we raise money from VC's so I assume it is safe to keep doing this?

Also, when the time comes, how do you suggest that I jump on it?

There are a few options I have:

- Found a company but be a salaried person on payroll, along with a risk of being "fireable"

- Go with "Unshackled", who would take care of everything for me. Are there any drawbacks with this method that you foresee?

- I also have an option to move on to H4 EAD, but I'm worried because of the flaky nature of this status.

Can you provide some thoughts on these and weigh in on the different gotchas and pros/cons involved?

Thanks a ton!

Broadly, there are two challenges: building a company without crossing the line into unauthorized employment and getting authorization to work for a company you founded/own. Beyond not getting paid, the line mentioned above is a grey and nuanced one; the very general rule of thumb is that its time to get work authorization when the side project is no longer a side project. The work authorization options are the H-4 EAD, as you note, which almost certainly will remain untouched if there's a change in administration, a concurrent part-time H-1B, which would allow you to continue working for your current H-1B employer, the O-1, a high standard but ownership and control are not really issues, and the H-1B, with ownership and control stumbling blocks.

Thank you! This is much helpful.

Can you provide some insight on Unshackled as well if you don't mind? I don't know anyone who has had a first-hand experience with it so I was just wondering.

What's the best way for a hacker to understand legal requirements?

I'm building in crypto, where KYC/AML become the primary challenges for building interesting things, the tech is the easy part.

I typically bootstrap, try to find product-market fit, then grow. But with the legal challenges, it significantly raises the barrier to entry.

As someone who is a project-based learner, used to diving into the deep end, and figuring everything out — what's the equivalent of that in law? Reading old cases? Reading guidelines from the government? With tech so many people say things that aren't true, then you can go try them for yourself and verify — how do you do this in law?

To confirm that your software works, you test it on a computer for $1. If you're wrong, you've wasted a few minutes of dev time and electricity. A programmer can often point out problems before you run the code.

To see if you're complying with the law correctly, you test it in court for $10K. If you're wrong, you may be fined or imprisoned. A good lawyer can often point out problems before you go to trial.

As long as the law "runs" on the minds of judges and juries, it'll be unpredictable.

(Bonus: To see if your cure for cancer works, you test it in clinical trials for $1M. If you're wrong, people may be harmed or even die. Testing on animals can often point out problems before you use it on humans.)

Thank you Peter for doing this!

My company's lawyers are getting ready to file for AOS along with EAD and AP. I have plans to travel to abroad in Feb (I have a valid H1B visa). My understanding is that AP applications will be denied if it's still pending during the travel.

Can the AP be re-filed in this case? Are there additional fee for refiling?

USCIS website states a 3-8 month adjudication period for AP and a much longer timeframe for EAD. What happens if you switch employers during this time? Do these applications have to be re-filed?

Have you seen any issues lately with H1-B/TN visas being granted to technical employees who don't have a degree in CS or software engineering?

Additionally, what questions/documents would you recommend people prepare in advance to make their immigration lawyers' lives easier?

(I sent over a lot of documents to the lawyers preparing my application, but they took only a few in my initial TN visa application, and I ended up with a Request For Evidence from USCIS.)

Previous work experience also counts towards H1-B education requirements under the degree equivalence provision. The catch is the three-for-one rule, i.e. you need 6 years of relevant work experience to match a 2 year diploma, 12 years of relevant work experience to match a 4 year degree, and so on.

I worked for 3 years on a TN visa with no degree of any kind. My job was a Software Engineer, and my TN was classified as a Scientific Technician. This was 2016-2019

Interesting! Thanks for sharing that. What sort of supporting documents did you end up having, to prove that you were supporting "a professional in the scientific field"?

It was a stressful process with a lot of uncertainty. We had to show language that my job was a "supporting role", which is fairly easy to spin if you're not a Senior or Principal. We also needed to provide my direct supervisor's qualifications. I believe they had to have a degree in a CS related field.

To be clear, because of the lack of a bachelor's degree requirement, the Scientific Technician/Technologist category is a red-flag category and such applications in this category oftentimes are denied.

Yes, I wouldn't recommend this path if other options are available

I second this question. Does one need a degree in CS or software engineering to get a TN visa to work in tech, or would a degree in e.g. civil engineering suffice?

It's my second go at getting a TN visa (for Computer Systems Analyst designation) and you don't necessarily need a CS degree, but if you don't have one, you will need at least a two year diploma and three years of experience in the field.

My current TN visa application was held up by USCIS questioning my experience in the field, and the validity of the visa for my new role. (Despite having cleared both last year. Figures.)

I wrote about my first experience [0], if you're curious!

[0] https://jonlim.ca/blog/getting-computer-systems-analyst-tn-b...

Thank you for the write up. So if I understood it correctly, any B.Sc. degree plus 3 years of Computer Systems Analyst experience would qualify one for Computer Systems Analyst TN?

If I understand the requirements correctly, it's _any_ diploma or degree, plus 3 years of Computer Systems Analyst experience.

I am definitely not a lawyer, but am someone who has done multiple TNs.

It is really important to remember that the actual written requirements are one thing, but the interpretation of those requirements by whoever you talk to at your POE are arguably more important.

If you end up with a border officer who believes that your degree is not applicable, or your experience doesn't count, it is unlikely that you are going to be able to change their mind in that moment. NAFTA officers can be better (as the post writer above mentioned), but it still always feels like a bit of a toss-up of whether you get a "good" border agent.

100%.

The decision to approve or deny is entirely in the hands of the officer, and I managed to get a NAFTA officer who interpreted the agreement in my favour. It's why so much time and effort goes into the supporting documents.

All excellent responses. One potential work-around which is becoming a better and better option is to file a petition with USCIS rather than apply in the first instance at the "border."

If I recall correctly, a petition can only be filed with USCIS for a TN if the individual in question is already outside of the US.

Ie, if you are currently within the US on a TN, and looking to switch jobs, you can not file for a new status with USCIS; your options are either to leave the country and apply at a POE, or leave the country, and only then petition with USCIS.

Is this incorrect? Can a current TN holder petition USCIS for a new TN while still within the US?

Going through this right now! Applying for a new TN through change of employer (COE) while residing in the US. I was given the option to fly back and forth to apply at the border, but figured this would be the safest (and lowest friction) option.

However, it's been a slow process, especially with having received word of USCIS requesting additional evidence from my first application.

Does that issue you a new TN (with a 3 year term), while maintaining your status with the previous employer, or terminate your status with your previous employer, with validity only matching the previous expiration date?

It's a good question - I believe it's the latter, terminating status with previous employer with validity matching previous expiration date.

Hi Peter,

Many thanks for doing this.

My father filed for my GC in Nov 2017 when he was LPR and he got naturalized in Oct 2018. In previous AMA, you had kindly advised me that USCIS needs to be informed. I reached out to my immigration attorney and below is the response she sent →

"Per my last email to you back in November, nothing needs to be done at this time. Nothing will change the processing times, and we will just need to notify the NVC once the I-130 is approved, to update the category at that time, because USCIS requires these requests to be made in writing via letter, and they never actually act on the case anyways.

You will be fine, and once we get the I-130 approval is when we’ll take action on this."

I am unsure how should I take her advise. Is there something my attorney is missing? Is there something you can think of I should request her to do?

Also, last time we had speculated that I may get my GC in 2022/23. Do you think the current pandemic may prolong my GC? My father said my file must be in cold storage now, albeit I am not entirely sure what it means.

I am 31, unmarried, born and raised in India, bachelors degree holder with 4.5 years of workex in IT.

Good afternoon. My apologies for the delay in answering all your questions. I'll do my best to respond to them all before the end of the day.

Is it possible for a russian citizen to apply online for a job in american IT company? I ask because for example amazon doesn't accept online applications because of Russian Server Localization Law [1]

[1] https://www.amazon.jobs/en/landing_pages/russian-candidates

This situation looks absolutely absurd to me, but it does appear that you can send an application by fax. There are plenty of services out there that will allow you to send a fax from a web browser.

Keep in mind that most American companies do not operate in Russia and have no Russian nexus, and so have no exposure to that law. I expect that you would have no problems applying online to most American jobs.

Unfortunately, that's not really an immigration law question so I don't know the answer.

Hi Peter! If YC accepts a company from a south asian country like India and the founders decide to relocate their company to the US, what does the visa/immigration process look like for them?

For those participating in accelerators and incubators in the U.S., the B-1 visa is the default option but this visa doesn't allow the founder to be compensated, only reimbursed for his or her reasonable business and living expenses.

Hi Peter, thanks for doing this again.

My I-94 expires at the end of the month because the expiration date of my passport. My O-1 Visa is valid until July 2022 and I just received my new passport.

Any tips on how I can get my I-94 extended/updated? Is it safe to leave the US and come back (Mexico, Canada etc.) even with the current administration and travel restrictions?

Thank you!

Note that Canada is unlikely to let you in right now, unless you are a citizen or permanent resident of that country.

https://www.canada.ca/en/immigration-refugees-citizenship/se...

Another thing worth noting:

When you show up at a land border, you technically exit the US. Likewise, when CBSA turns you back, you'd be re-entering the US and going through US CBP. So for purposes of updating a US visas, the current ban is not relevant if you present at a land border.

That's technically true, but in the future I believe it also means that you have officially been denied entry to Canada, which could come back to bite you in the future (as silly as it is).

It also runs the risk of Canada not letting you in and turning you back, and then the US not letting you in (if they decide your status, O-1 here but often would be TN, isn't valid, or for whatever other reason), and you.... get stuck in no-mans-land? I've always legitimately wondered what happens in that situation.

If you do happen to be a citizen or permanent resident of either Canada or Mexico, it would be safest to do your border-trip at your home-country border.

_Update_: Did some real quick research, and it appears that for US/Canada at least there are agreements in place that if one country rejects your entrance (at a land border) from the other country, the other country must take you back, but could find you inadmissible and put you in immigration custody pending removal. Fun times.

Yes, departure (to Mexico, etc.) and reentry with both passports is a good option.

We've had many clients do this successfully recently.

I have a PhD from Cambridge, a degree in CS, etc. I have a great biotech startup idea and some funding secured in the EU.

However, I would prefer to execute it in the US as I prefer how the startup ecosystem looks over there. Is it worth the trouble / doable in terms of immigration laws to move there and bring my cofounder and some employees?

From an immigration standpoint, it appears absolutely doable, using a combination of O-1 and E-2 (and maybe even H-1B) visas. Email me if you would like to discuss in more detail.

Thanks, much appreciated! I'll drop you an email once I'm prepared to discuss this further.

Why is the system setup in a way that you only have (marginal) success if you spend an inconsiderate amount of time, energy and money, with a third party, to do something that should technically be beneficial to both the country and the immigrant? It seems rather contradictory.

Hello, do dates for F4 visas alternate frequently ? This is for Mexico. We have received two notifications advising us that we are ready to proceed but I see that the date now is 22 June 98– and our date in our application is October 99. Are we missing these dates?

I needed an immigration attorney to help bring my wife into the country. Our contract stated I would pay a flat fee and she would cover the filing fees. When we filed the first set of forms, she expected me to pay. When I pointed out the contract said she would pay, she crossed it out in pen, rewrote it in pen stating I would pay. I had already signed the document, and felt obligated to continue using her service since we were months into the process and I didn't want to lose the time invested. I felt like refusing, but didn't want her to intentionally drag out the process as retribution.

This was in 2017 and after 2 years my wife is now in the country. Is there any course of action I could take now?

"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!"

Are attorneys legally able to alter a contract after it has been signed?

Are you able to prove that the crossing out was done before you signed rather than after?

Hi Peter, Thanks for doing this.

Do you think it is likely that the new H-1B rules will be struck down in court?

Also, I am currently on the OPT STEM extension, and will be putting in my third and final H-1B application in 2021. The new rules seem incredibly restrictive. My current salary puts me at the level 3 prevailing wage for software engineer in my area. The new rules would require a ~30% raise in order to qualify for the H-1B. Can my employer re-classify me to a level 1 prevailing wage worker before my H-1B application so that I can qualify? For context, I graduated with a bachelors degree in computer science from a US university in 2018.

I ask, because I work for a startup that would struggle to justify such a large raise.

Thank you

Hi! My co-founder and I are thinking about incorporating a startup in the US. I'm American but my co-founder is Canadian. We've looked at options under NAFTA / TN visa and others, but that doesn't seem to apply to startup founders. We're also flexible on structure, and leaning on an LLC taxed as S-Corp to make it easy for us for filing. We are a research-based startup and are planning to apply for NSF SBIRs (so we need to be 51% US-owned) and not necessarily raise money at the start. Do you have any thoughts on our case? Or do we need to go the H1-B route for her as a co-founder?

Thank you in advance!

I’m looking to naturalize next year. I’ve heard that with the current administration after filing to naturalize it takes 6-12 months due to additional interviews in the green card (not naturalization) backing up the naturalization queue. Covid is probably having a big affect too.

Anyway, if the administration changes to the democrats, in your opinion, do you feel wait times will decrease and will this be get fairly rapidly.

Further, can one be tactical and move to another state to naturalize and hopefully we processed by a state office with a lesser backlog?

(1) The wait times now are closer to 12-18 months in most offices. (2) Yes but you would need to reside there for at least 90 days before applying and remain there until naturalized.

Does AOS portability apply to a dependent I.e. can a dependent who is also employed switch jobs within 180 days without impacting the AOS application (while primary stays in same role)?

Hi Peter!

What is your advice on finding a good attorney in general (not just immigration one)?

Thanks!

Go through an experienced attorney you trust. It's pretty easy for attorneys to find good attorneys even if outside their area of expertise.

In my case there is no "experienced attorney I trust", are there any tips you can share?

I acquired my citizenship through the Automatic Acquisition of Citizenship after Birth (INA 320), less than 18yo, living in the US with my American father. That was about 8 years ago. At that time I only requested and obtained my passport and that's the only proof I have of citizenship. Do I need to also obtain a certificate of citizenship? If so, would my American passport suffice to prove my citizenship when requesting the certificate of citizenship?

If you were to write US immigration policy (or, to narrow scope, US immigration policy for high skill workers) from first principles, what would it look like in broad strokes?

I'm a co-founder of Startup that is operating in the US for the last 5 years, we started it with my other co-founder (who is a US National)while i was on J1 visa, my visa expired and i had to come back to my country luckily for me i am the technical founder so most of my work can be done remotely, how ever we've been thinking on my relocation but we do not know the steps to follow can you give us any advice or resource we can follow?

Hello We are a startup based in Sénégal West Africa, our mission is to facilitate access to online services in Africa for people who don't have bank accounts or prepaid cards.

All the companies we've reached out to in order to get a virtual card issuing API only work with business registered in the EU or US.

We're thinking about registering our business in the US through Stripe Atlas just to get access to an API.

We need your advices please !

Would the proposed upcoming changes to the H1-B visa also apply to the E-3 visa (which is closely related) https://www.federalregister.gov/documents/2020/10/08/2020-22...

E-3 visa applications are subject to the same prevailing wage requirements and it appears that the government is going to tighten the E-3 visa requirements and process, which to date have been much easier than the H-1B visa requirements and process.

Does YC invest in startups that have Iranian citizens as co-founders? Are there any limitations in accepting those applicants?

I have a question about EB-2 NIW.

I have a Ph.D. (Elec. Eng.) from a non-U.S. university and have lived in the U.S. on a J-2 (dependent) visa; my spouse was working as a researcher at a U.S. university. During that time, I worked (on an EAD) for a U.S.-based R&D company, serving as a principal investigator on Govt. (DoD) funded research projects. I have publications, have served as reviewer for intl. academic journals, etc., but have not won any internationally recognized prizes.

(1) Given my background, do I currently stand a chance of getting an EB-2 visa via NIW?

(2) Would it all come down to the letters supporting my applications?

(3) Does my prior J-2 status (2-year home stay requirement; visa expired 1.5 years ago) have any effect on possibly getting an EB-2 visa via NIW?

(4) Would the prior J-1 status of my spouse affect her ability to join me on an E-21?

(5) Would applying to the Diversity Visa Program interfere with also applying for an EB-2 visa via NIW?

Thanks!

I had mine approved in April (it took 6 months) and I self-filed (no lawyer involved) but I used an online template I bought from a couple who went through the process several years ago (https://www.eb2niw.com/). I am not affiliated with them in any way. You will definitely need letters of recommendation but most importantly you will need to show that you are better than the majority of you peers. For example, you could show how well your work is cited compared to others in the same field. You being a P.I. on a federal grant is a huge plus and I think that already increases your chances significantly. As far as J visa situation goes, I think it's possible to get a waiver but I'm not a lawyer and I was on H1B when I applied so can't speak of it.

Depending on the conditions of your spouse's J-1 (if they were sponsored by the home country, etc) you may be able to get a waiver to the 2 year home residency requirement, see the "waiver" question here: https://travel.state.gov/content/travel/en/us-visas/study/ex...

I successfully got a "no objection" waiver.

My friend who was on J2 had to leave the US for two years despite having his EB2-NIW i140 approved. You cannot escape the 2 year home country requirement. You can apply for i140 but you can't get the green card/immigrant visa until you satisfy it.

I was able to get a waiver to the 2 years home residency requirement. Since my position wasn't sponsored by my home country I went with the "NO OBJECTION" route. The US part of it went very smooth, it was my home country part that required to demonstrate, to my home country government, that they hadn't payed me to come to the US (lol). But other than that the process was easy and worked fine.

Yeah I should add the waiver footnote around J2 requirement. This depends on countries - my friend's one is very strict so he couldn't do anything.

My spouse's and my country of citizenship are not the same - I wonder if I (as J-2 dependent) require a letter of no objection from my country of citizenship, or if it would have to be from the country of citizenship of the J-1 holder.

No way to side step the 2 year requirement, many have tried.

Hi Peter, if H1B holders who obtained work authorization in 2019 becomes full time student to pursue a MSc for 2 years, graduates in 2023, will that work authorization still be valid for them and allow them to seek employment in the US in 2023? Does it matter if the study happened in our outside of US? Thanks!

As a general rule, they would not be subject to the cap again and could be sponsored by and start working for a new H-B employer at any time.

Thank you very much for doing this. I have permanent residency, and children younger than 21 who live abroad. If I were to apply for permanent residency for them, would they be able to visit the US as tourists while the process is ongoing, or come to study to an American university with a student visa?

The answer depends in part on whether they already have B-2 tourist visas. If they do, they should be able to visit you without issue. If they don't, they would need to apply for visas and that adds a layer of uncertainty - their visa applications could be denied. Between B-2 and F-1 visas, there's a greater likelihood that their F-1 visa applications would be denied. But, with some planning, you might be able to minimize these issues. If you'd like to discuss this, email me separately.

Hi Peter,

I understand that E-3 visas for Australians are easier to obtain than other types of visas. In your experience, does this mean startups will welcome applications from Australians where the job advert does not mention visa sponsorship? Or should we only apply for jobs mentioning H-1B etc?

Thank you very much for your time.

Hi Peter,

Does the prevailing wage rule apply only to base salary or to total compensation?

Do you think the new rules will be sued and blocked?

Would you recommend changing an EB2 application for an Indian to an EB3, given that the priority dates have jumped to 2014? My priority date is Sept 2011. Or would you recommend sticking with an EB2 whose priority date is only 6 months away from the new EB2 priority date limit, May 2011?

I think your dates are like a decade in the past.

You should look at the priority dates for Indians before you comment.

And they can take a few more decades to clear. Such is the story of Indians in the Green Card queue.

That seems right. There's a huge backlog in the process.

Hi Peter - I am working for as a Data Engineer through a contracting agency and got my H1B approved for 3 years this year. The company I am working with is willing to convert my employment to full time but that requires a H1B transfer. I looked at my approved LCA yesterday and it says Market Reaserch Analysts and Marketing Specialists. I understand the transfer will be to a Software Developer Application SOC. How can I avoid/anticipate and respond to H1B transfer complications i.e RFE and Rejections and Does it help for me to wait until the elections are over. Thank you so much for doing this.

Hi Peter,

You mentioned the prevailing wage update affects people renewing visas. Would you please be able to elaborate on that and the "field of study" change?

1.) Is there a guide to figure out which level you fall under?

2.) Lets say based on my years of experience (4 years + MS), I qualify for level 4, does that mean if I don't have base salary of 217,000 in NYC, then I am not able to obtain a H1B?

3.) If you have a related degree like analytics or data science, are you eligible to work as software engineer or has that become invalid?

4.) How long is this expected to run its course if no litigation or no other outside force provides adequate changes?

(1) Yes and I'll forward it shortly. (2) Yes. (3) Possibly but these petitions will be scrutinized even more closely. (4) I'm not sure what you mean.

Thanks Peter for the prompt responses!

For (4), I guess I am asking are these changes permanent? Or are they a temporary change (e.g. only valid until end of 2020 like the visa ban that the Trump admin had released earlier this year).

I am in similar situation as you but based out of Bay area. How were you able to find out your level?

I‘m an economics student from Germany. My plan for the future is to do a masters in CS. One day I want to work in the US tech industry. I‘m not sure yet if I will do my masters in the US or in Germany. In Germany higher education is free, but if studying in the US would help with getting a visa (and later GC) it would be worth it for me. Do you think that studying in the US increases my chance of a visa, and how likely is it that I get one with a econ BS and an computer science MS?

First of all, I want to say that I really appreciate the work you do in helping people to navigate a complex and evolving legal landscape.

Now, for my question: Is a nonimmigrant considered to be "out of status" between steps (3) and (4) in the following timeline?

1. Arrive to the US with B-2 Visa

2. Apply for F-1 Visa

3. B-2 Visa expires

4. F-1 Visa granted

Additionally, is this considered a violation of the terms or conditions of their nonimmigrant status? From my understanding, they are in a "period of authorized stay" during this time, but I am curious about what this means in terms of status and potential violations of their status.

Thank you so much!

i am not a lawyer but have moved from the UK to the USA. The visa is permission to cross the border, but there's the i-94 stamp which is visitor residency, so if your visa expires but you are still good with i-94 dates, you're fine i believe (just you can't return if you leave). Obviously it's more complicated, i had a different visa to the one you mention.

For how long the one can keep green card without applying for US citizenship?

Lawful permanent residency does not expire. Green cards (which are used as proof of LPR status) expire, but you can keep renewing the card without applying for citizenship.

https://www.uscis.gov/green-card/after-we-grant-your-green-c...

https://www.alllaw.com/articles/nolo/us-immigration/failed-r...

However, if you do not apply for citizenship once you are eligible, you lose certain legal protections against employment discrimination:

https://www.justice.gov/crt/8-usc-1324b-unfair-immigration-r...

Hi Peter, I'm sponsoring my wife's green card and we're pretty type A and have filled out all the forms and gathered copious evidence of relationship, evidence of financial sufficiency, etc. But we're worried about the current political climate and are considering working with Fragomen just to de-risk. We've heard the current administration is rejecting applications for every little reason (e.g. field that should be marked n/a is left blank, etc). Do you have any advice on this? Thank you so much for what you do.

Greencard for a wife should not be an issue.

Tip for the pro: if you don't have a middle name, write N/A and not "none". Source: me. I became

Michael N. Familyname

I can do one better. I misspelled my own middle name - Donovan instead of Donavan as it appears on my birth certificate. Delayed my application by a month or two. Could have been way worse if the process wasn’t fairly quick back in 2004. (My wife was born here and I’m from South Africa)

Should have written "Not Sure"

Please don't even consider Fragomen. Ask any Amazon engineer and they'll tell you the same thing: do not ever work with Fragomen.

I personally had to talk to my manager and hire my own lawyer instead of working with Fragomen after countless delays and mistakes. They don't care about you or your case at all and the paralegals are outright incompetent. You don't really get to talk to the lawyer a lot anyway.

I'd go with a local smaller firm if I were you. If you're in Seattle area, I can recommend "MacDonald Hoague & Bayless". I personally worked with "Lola Zakharova" and she was amazing.

Thank you for your feedback, which Fragomen takes seriously. We are committed to providing superior client service, and we are sorry your experience with us has not been a positive one. If you would like to discuss further, please reach out to us at social@fragomen.com. Thank you again, Karen (Fragomen).

Hi Peter, thank you for taking the time to do this.

I'm a Master's student on an F-1 visa thinking about starting a company in the US. I previously did my undergraduate degree here as well.

1. Are there any restrictions to doing so while still a full-time student? E.g. would I be able to form an LLC while still a student?

2. Is there a way to use the STEM extension if you are self-employed? I've seen contradictory information on this.

3. If the answer to 2. is No, what would be the best visa to try to transition to after the first 12 months of OPT? O-1, E-1, or H1-B? Or something else entirely?

Hi Peter,

Thanks for doing this.

I'm a Software Engineer at a finance company. My company is currently filing for my Green Card and we're at Step 1 (Prevailing Wage Determination) of the process. Considering the rule change announced by administration yesterday, I'm not sure if my base salary will satisfy higher percentile requirement for my level.

My Question is :

1) Do these changes apply for PERM filings?

2) If base salary doesn't meet requirement, can PERM filing happen at different level even though H1B was approved at higher level (ex : level 3 approval on H1B, level 2 filing for PERM)

Hi Peter, we have a small startup where our company is located in Bay area, but due to some family I want to reside in Nevada (give up California residency).

Is there any residency requirement for H1B ? if I am still being supervised and maintaining employee-employer relationship by reporting to the CEO. The worksite will be remaining same within a couple of 4 hours of commuting distance.

I have searched for the residency requirement but have not found anything concrete saying that you need to reside at the same geographical area as your worksite.

Living and working outside the MSA or the normal commuting distance of the location listed on the H-1B petition would trigger the need to file an amended H-1B petition prior to the move.

Can using the EIP cards count against someone with respect to the "public charge" rule or otherwise impact an I-751 filing in any way?

Also, are there any other surprise rule changes that someone should know about other than the new thing where every field on an immigration form has to be filled out?

See also: https://www.nolo.com/legal-update/uscis-means-it-when-they-s...

Hello, thanks for doing this! I just got my H1B approval after being on OPT for the last couple years. Apart from obvious covid restrictions, am I otherwise still limited for travel because of the recent executive orders? Do you know when it will be possible to leave and re-enter the US?

Also, now that remote work is common, I am curious if the H1B has requirements for time spent in the US, the way the green card does. I can't seem to find definitive answers about any residency requirements online. Are there any for H1B?

Hi Peter,

Thanks for this AMA.

What do you think "remote SW Eng around the world" (non US citizens, non US residents and NRA - non resident aliens) COULD/SHOULD do to make the process easier to be hired from US companies or startups? (question is more oriented to legal or tax liabilities and work permissions than meet all technical requirements from job offers)

EDIT: work directly to those companies (as a contractor or, if possible and viable, as an employee - with benefits), not through intermediaries or as a SW shop (B2B deal)

This isn't an immigration issue per se but we (early stage startup) were thinking of hiring an employee who will remain in their home country (Colombia) and work remotely until COVID concerns are far in the rearview. Do you know of any companies that we can use as a proxy or intermediary so we don't have to go through all the legal hoops ourselves? After some super quick research we found lano.io but would love some more recs if you (or anyone else) have some.

If you are not going to be doing business in Colombia or otherwise have a presence there, you probably don't really need to worry about their laws. You just need to address non-resident taxation here in the US. I would suggest talking to a tax attorney or professional to double check, but normally, compensation for personal services physically performed in the foreign country is not considered US-source income. Same as if you hired him to go take some product photos in Columbia or do door to door sales or anything else. If that is the case in your scenario, this would be really easy and you would have virtually no paperwork or witholding requirements.

So, it may be a lot cheaper to have an initial checkup with a tax specialist and then skip the ongoing expense of having a "proxy" company.

Hi Peter,

Thanks for this AMA. I have an L1 visa but was out of country and couldn't return and lost my job in April. Now I am being offered the same job again in January 2021.

1. Can I re-enter the US in January 2021? (my visa doesn't expire till later that year and I plan to file an extension). 2. Can my company file a greencard application on my behalf as soon as I enter the US? (I have asked for it as a part of my compensation package and the company will likely agree).

Thank you again for your time.

> Can my company file a greencard application on my behalf as soon as I enter the US

Not a lawyer but having been there... please do this. That goes for anyone else reading this as well. There isn't really a waiting period as far as I am aware. Companies take their sweet time because there's no incentive to do otherwise.

Even if you are not from the two backlogged countries, a successful application will most likely take years to complete. In the mean time, you would be dealing with the stress of the concurrent L1 or H1 extensions, which have become much harder lately, are RFE-prone and sometimes you get crappy 1 year extensions.

Another thing to note, specifically for L1: you need to prove you have company-specific skills that can't be found elsewhere, which is why they need to transfer you. That's different from H1, where you need to prove you have skills that can't be easily found in the workforce, but they don't need any company-specific knowledge.

But, for the PERM process, you have to prove that you have skills that are difficult to find in the broader US labor pool - and generally, that you had those skills before you were employed by the company (because, if you didn't have them, it means that they could hire a US worker without those skills and train them, just as they have 'trained' you). In fact, they will ask how long would it take to train a worker on your 'skill' level.

So you can see how the two skill sets (for L1 and PERM) don't overlap and how complicated the application can get. Another reason why you should start early.

I got a job at Google (mountain view office) and I start this November working remotely but I still don't have my university degree. I will be working from Mexico at least until July 2021. What are my visa options? I already got an offer and signed the contract.

I already completed all my university courses but it takes at least 1 year and a half to get the degree and I have been working as a software engineer in Mexico for 1 year. (3 if you count freelancing).

I'm no expert, but I bet Google has a whole office dedicated to helping you out?

You should contact the appropriate Google department. They will definitely guide you.

Hey Peter, thanks for doing the AMA.

I have an I-485 portability rule question. I know the official minimum for an I-485 pending application to be portable is 180 days, but I was wondering, if there is a way for people losing their jobs before the 180 days are up, to keep the application, employment authorization (EAD), and Advance Parole pending and and port over to the next employer past the 180 days (not all of them spent with the petitioning employer)?

The short answer is yes but there are some complications/conditions.

Hi Peter, Immigration being one the most convoluted laws to declutter, really appreciate you taking out time to answer some of our questions.

What would be the best way for someone holding a H1B visa to startup in USA? what are the legal complications one must be aware of?

Does partnering with American citizen make it easier?

Also, being a software engineer does the current employer have claim on your idea even if it is out of domain of employers market?

Any resources would really be appreciated.

Thank you.

This book might have answers. https://www.amazon.com/gp/product/B08GZPBFPH/.

Disclaimer: I haven't read it yet.

> What would be the best way for someone holding a H1B visa to startup in USA

Best way would be to get a green card or change to another visa. H1B won't let you do this.

Hi,

I'm graduating next spring with a B.S. in Physics/Computer Science and currently have work authorization through DACA. With the recent challenges the current administration have imposed on DACA it's not clear what will happen with DACA in the next year. Do you suggest I seek an employer that can sponsor for h1 visa? Are DACA recipients eligible for h1 visa? Are there other pathways you suggests I explore?

If somebody has renounced their us citizenship many years ago for the purpose of finding work abroad, is there any path for them to get it back?

[Not OP; NAL] - As long as the primary purpose for renouncing your citizenship was not to avoid taxation, there is no direct consequence for immigration purposes. You can visit as a nonimmigrant according to the same visa requirements and procedures as someone else from your own country.

If you want to become a citizen again, you will first have to find a way to get an immigrant visa or come on a dual-intent route like H1-B. Then live here for five years and apply to naturalize same as anyone else. The good news is even if you moved to a country like China or India with extra wait times for visas, it won't affect you since you were not born there.

There are a few statues that disqualify renouncees from certain benefits such as owning a gun, IDK if you can ever get those back.

Hi Peter, my AOS filing date is current as of October bulletin (India born). How crucial it is to apply for AOS asap compared to later? My employer's attorney is too slow and is flooded with AOS filing requests coz of this. It seems like it will be the in final days of October that they may get to my application. It is quite concerning for me. Should I look for my own attorney?

Do you already have an approved I-140?

Yes.

Have you seen a change in the number or typical backgrounds of professionals wanting to migrate into the US this year compared to last year?

I am a software engineer at a large American software company on TN status. Previous to the pandemic, I was living and working in the Seattle area, but since March I have been working from Canada.

Due to various ties I have been maintaining (even before the pandemic) tax residency in Canada.

Are there any issues with my setup that I need to dig deeper about with a tax professional?

According to my company, this arrangement has - quote - "severe tax implications" not just for you, but also your company, so make sure they are onboard with the arrangement.

In the most basic terms, the problem is that some tax is withheld (i.e. paid to the tax agency by your employer in advance on your behalf), and that must be done in the appropriate country.

IANAL, but I recommend that you keep track of how many days you were in the US each month, and how many of those days were for work. It's likely that an accountant or tax professional will ask you for that information to support your claim of tax residency in Canada.

Hi Peter, Thanks for the AMA.

I am on H1B visa with I-140 approved. My country of origin is India and I am on EB2 category with long wait times. If I happen to move back to India, will I loose my I-140? I am planning to move back to India and work on a startup but want to see if I can keep my I-140 if I happen to come back to US after few years.

Hi Peter, thank you for this. I am a mexican software engineer on TN visa and was wondering what do you think may happen to that visa category as well as other potential options in the case of a failed H1-B application. Any opinion on whether or not there will be a merit-based immigration category similar to one proposed by the RAISE act?

TN visa will not be affected. It's in place due to the NAFTA trade agreement between Canada, US and Mexico. Despite all the rhetoric from Trump about cancelling it, it was renewed a few years ago without any, or possibly only minor, changes to the TN visa. So that category should be fine for the foreseeable future.

Question: does running a US company from abroad (such as one opened via Stripe Atlas) affect a later entry into USA?

A bit of a basic question but, if an individual working in the US on an H1B Visa decides to marry a US Citizen, how will it affect their job status? Will they have to quit their job, go back to their country of origin and return to the US on a Marriage/Fiance visa once that process is approved?

Hi, my wife and I are going through this right now, and so far she has submitted her paperwork and continues to work on H1B until receiving an approval from USCIS. I'm American and she is Chinese. Good luck!

I did this. I was on H1B and wife is American. For starters, you don't have to leave the country for anything. You and your wife will apply for Green card and Change of status. But this is after marriage.

You actually can't leave the country after filing for the GC, unless you get a special travel waiver (or your GC request will be considered abandoned).

Anyone in this situation is strongly encouraged to consult an immigration lawyer and spend the time to give them all the information you have, and listen to all the caveats they list. Yes, it will cost you a kilobuck, but potentially save you a lot more kilobucks, a lot of time and a lot of anxiety.

Hi Peter,

Do you have any advice for what folks should be looking for when choosing an immigration attorney? Are there any reputable lists you could recommend? It seems like there are a lot of horror stories out there, but for the average person it feels like picking an attorney is something of a dice roll

If someone earned a master's degree in the US in a specific topic, topic A, but has a foreign bachelor's degree in a different topic, topic B, and has a job in topic A, will the State Department disqualify them from getting an H1B visa because of the bachelor's degree topic?

No. That would not be a valid basis to deny.

Can you file multiple I485s for different EB categories? Or can you withdraw and re-apply for a different category I485 in future? One has a current date of filing but final action is back logged. Another is waiting for I140 approval but will be current when approved for both dates.

I have DACA. What can and can't I do when starting a business in the U.S?

What's the best path to citizenship?

[Not OP, NAL] - If you have an EAD, you can legally start your own business or work for any other business. So you can work as sole proprietor or work for a corp or LLC that you own.

The path to citizenship would depend on how much money you have to invest (if you have or can get a lot), what your county/ies of citizenship are, and how long you have been here between turning 18 and getting DACA status, among other things. OP can probably provide a better explanation.

marrying a citizen

Per October bulletin, it is kinda odd that the filing dates moved up significantly but final action dates are still lagging for India. In your opinion/analysis why is that the case and do you have any estimates on expected trajectory of final action dates? Thank you!

The final action dates are limited by statute (the limit on the number of green cards that can be issued) whereas the filing dates are really determined by volume and capacity. Unfortunately, while I think the final action dates will progress in the coming months, I don't this progression will be significant.

If I'm starting a company, and I'm in a highly regulated but not well-defined space, how do i find good legal advice on what I need to do to cover my ass? Specifically for me, im trying to identify what's happening with telemedical and telepharmacy.

Hire a really good multi-practice attorney or law firm with expertise in that space. Email me and I can refer you some names.

We’ve used Peter and he & his team are GREAT!

Background: They worked on an O-1 for one of our employees.

We just hired someone with an h1b that was approved in premium processing in June. How likely is he to be able to come in January? He currently lives in Ukraine and will need to do his embassy appointment there.

Thank you for doing these Peter!

Hi Robert,

Thank you for doing this. My questions is if someone didn’t use their initial H1B (1.5 years left), and left US for like 10 years, can they still use that without having to go through the process from scratch ?

How long before I can submit a case status update request? Uscis site says not to ask before a certain time. I’m already on PLOA (personal leave of absence) without pay. Should I wait another 3 months before inquiring?

Hello Peter,

many thanks for taking the time to answer our questions!

Q1) What are the options for an EU freelancer (geographically based and registered in EU e.g. Germany, France, Poland) to contract with an US based company via homeoffice?

That's not an immigration issue, that would be more of a contracting issue and then making sure you're filling the requirements in the country you're in.

I got a birth affidavit from my parents because my parent's name was abbreviated in the birth certificate. This affidavit does not have parent's date of birth. Is that going to be an issue?

Where were you born?

India

Hi Peter !

How hard is it to get the O1 visa for young PhD graduates ? If I am correct, the O1 visa doesn't not permitted the spouse to work in the US. What would be the solution for the spouse to follow and work ?

Thank you,

Hi Peter - based on October bulletin, the filing dates for India moved rapidly to 2015. My priority date is in 2013. What are benefits of this movement ? What will I gain by filing the I-485 ?

Hi Peter,

What are ways for someone on h1b to start a company they want to bootstrap. My co-founder is a US citizen but how do the new salary changes affect how much money we need to pay to keep the h1b valid.

Hi Peter, thank you for doing this! I completed my EB3 GC interview at SF field office last week. In your experience, how long after the interview does it usually take to know the decision?

Peter you're probably gone but if someone else knows, is it possible to have a gap in employment between your previous and new jobs when doing an AC-21 port?

As always, thank you for your time.

What's the deal with L1 visas? If a US C Corp owns an Indian business for 5+ years, can the employees come to the states to work? Is this smart strategically to work towards?

Hi Peter! Thanks for doing this.

I am getting an H1-B soon (in october) is it possible to apply for a green card immediately after entering the country and starting my new job? Thank you!

How does the US compare when it comes to other countries when it comes to recruiting top tier foreign talent? Would love your opinion here on what we would need to do to improve

I am working as a software engineer on a H1B. I am working on a side project and want to start a startup with this idea in the near future. what is the best way to do it?

Thank you for taking time to do this! All of the responses are really great.

Can you share why some companies may split stocks 51/49 between two founders, instead of 50/50?

Hi Peter, do the latest bulletin requirements apply retroactively to existing valid H1B status holders located in the US, or only to the new petitions? Thank you!

Is it possible to immigrate to a NAFTA country (Canada/Mexico) as a US citizen without changing your employment status with your US based company?

Is it really true that Brazilian applications are being rejected more frequently? Two friends of mine got rejected for no obvious reasons this year.

Hello, I have a co-founder who returned to his native China after his visa expired.

I was wondering, would it be difficult to get an O-1 visa in this current legal climate?

Thanks.

Slightly oddball question. For someone who has worked earlier in the US on H1B and now wants to come back as an entrepreneur. What are the choices?

You might be able to revive the H-1B but other than country-specific visas (for Australian, Canadian, Chilean, Mexican, and Singaporean citizens) the standard options are the E-1 treaty trader, E-2 investor, or O-1 visa.

If I want to do a 10 week internship in the US from an EU country. Would this always be possible or do I need to apply for a lottery of some sort?

Are Greencard applications with submitted I-485 prior to COVID being processed right now? Any idea of what the throughput looks like?

I filed mine in Feb 2 2020 from San Francisco (via Fragomen) and received the I-485 approval notice this week. Biometrics appointments were halted through most of march through july, but they've started taking in applicants again since then.

We just had an I-485 interview recently for a pre-COVID application. Our first interview was cancelled after they scheduled it as COVID started.

I believe throughput depends on location.

Hi Peter, what’s the pros and cons of downgrading to eb3 from eb2, given that eb3 priority date is current and eb2 is one year behind

I am Canadian and living in Canada, do I need a Visa to work for a US company remotely from Canada? If yes what is the best option?

No, you can setup a Canadian company, and subcontract as a consultant. The downside is your company is responsible for paying taxes (GST, EI, etc), in addition to your personal taxes. Also, obviously, the US company won't provide benefits.

What is special about the October Visa bulletin?

I'm an immigration attorney in Winnipeg (Canada). I just want to applaud all the work you are doing. Challenging times!

Do you have any thoughts on how the October bulletin might affect folks on cap-exempt visas? (non-profits, academia etc)

No question, just wanted to thank you for doing these.

You've answered a question I had in the past and it helped a lot. Rock on.

If I want to attend a bootcamp for a couple of months, is the M-1 visa my only option? How difficult is it to get?

What is your take on the advent of Boundless, SimpleCitizen, etc as tools for corporate immigration?

Do you have a recommendation for an immigration attorney a non-corporate client should use?

How can a US non profit conduct activity outside the US?

Are O visas still being approved?

yes.

To what extent are the new rules (wage and specialty occupation) vulnerable to being overturned by the courts?

Do knowledgeable people think the Biden administration would overturn these rules?

Is it possible that approximately the same number of visas would be issued, just at the higher salaries?

are O visas still being approved?

Is the increase in salary requirements that Trump has proposed happening or not? Do we have any idea what 2021 looks like for work visas?

This thread demonstrates how little people care about their privacy...

Hi Peter,

Not exactly immigration, but it does say "AMA" .

My company recently announced a leadership training program in an opt-in basis exclusively for only black or latinx employees. (White, asian, and other racial groups were warned not to signup or "identify as" the allowed groups). This leadership training will focus on career development aimed to ensure their promotions (career development). Despite interest , ability, and potential need for the same help, others are being excluded.

Is this legal? (in California)

https://www.dol.gov/general/topic/discrimination/ethnicdisc#....

https://www.eeoc.gov/prohibited-employment-policiespractices

https://www.eeoc.gov/filing-charge-discrimination

Considering an entire industry exists to help corporations and individuals avoid paying taxes using "legal innovations", how difficult will it be for this niche industry to create a new legal entity that circumvents the H1B changes in the U.S? These entities probably already exist but just aren't widely understood. Are the H1B changes really just going to hurt the little guys?