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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#41

Post by smnrchrds »

JonLim wrote: post #40

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 ende…

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?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#42

Post by edko »

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?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#43

Post by JonLim »

smnrchrds wrote: post #41
JonLim wrote: post #40

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 ende…

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...

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#44

Post by 29athrowaway »

dilippkumar wrote: post #32

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 o…

Timezone differences remain a problem.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#45

Post by morpheuskafka »

Areading314 wrote: post #28

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.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#46

Post by onetimeusename »

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?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#47

Post by yarnton99 »

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?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#48

Post by xoail »

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!

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#49

Post by baskire »

29athrowaway wrote: post #44
dilippkumar wrote: post #32

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 o…

Timezone differences remain a problem.

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

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#50

Post by smnrchrds »

JonLim wrote: post #43
smnrchrds wrote: post #41

Earlier quoted context omitted.

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. Fig…

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?
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