Can I go from OPT to EB-2/EB-3 as a Software Engineer? How plausible is this? What kind of work do I need to be doing?
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
#102Hey Peter!
I’m considering a move to the US with my current employer in the near/far future. What’s the best way to do so if I want to keep the option of getting permanent residency open? I’m Australian so I’m qualified for an E-3 visa, but as I understand it, it’s only for non immigration intent so applying for any sort of permanent residency would be grounds for it to be revoked. (for context, company is a 1000+ head count multinational and I’m currently working in a satellite office)
On a semi related note - what’s the actual definition of “equivalent to a 4 years US bachelors degree”? I have a 3 year B.Sc from an accredited Australian uni. Would that count against me in any way?
Thanks for opening this thread!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#103Hey Peter, I am the Co-founder and CEO of an early stage start-up incorporated in Delaware. I am originally from Bangladesh and have just closed our pre-seed round of $300k from an investor in the United States. Which of the following options would be the best for me? 1. International Entrepreneur Parole: Raised >$250k so should be eligible. 2. O1: By my understanding, I meet the following criteria: Award- $300k USD…
The IEP seems like the best option and a good one. The E-2 would require investments by you and/or other Bangladesh citizens into the US company and then expenditures by the US company. Based on the information provided, I would put the O-1 odds at less than 50%.
Hi Peter,
Thanks for doing this.
As far as I know, the IEP structure has no clear path to permanent residency like some of the other options. Is that your understanding as well or am I missing something here?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#104I'm a current YC founder. Looking to apply for either the O1 or IEPP. Is there even a rough sense of the timeline for IEPP? Can I apply for both while on the visa waiver?
You definitely can pursue both options at the same time and while here on the visa waiver but unfortunately there's no sense yet of the processing time for IEPP applications.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#105Can I go from OPT to EB-2/EB-3 as a Software Engineer? How plausible is this? What kind of work do I need to be doing?
This will depend on whether you have any professional work experience and whether your degree is a bachelor's degree or higher.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#106To all the founders (and others who might become founders) hoping to move to the US — please don’t let the Trump administration’s rhetoric on immigration dissuade you from relocating. We need your talent. Your companies help spur economic growth.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#107Hey Peter! I’m considering a move to the US with my current employer in the near/far future. What’s the best way to do so if I want to keep the option of getting permanent residency open? I’m Australian so I’m qualified for an E-3 visa, but as I understand it, it’s only for non immigration intent so applying for any sort of permanent residency would be grounds for it to be revoked. (for context, company is a 1000+ he…
Without my knowing all the details, it is highly likely that you would qualify for an E-3 visa easily and as an E-3 visa holder you could pursue green card status (despite what you might have read or heard to the contrary).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#108Hey Peter, thank you for your time. I was wondering if you could comment on when we'll see some type of vote on the US Citizenship Act of 2021. Not looking for anything overly specific, but more along the lines of: before 2022, sometime in 2022, or never.
Additionally, your thoughts on the likelihood of TITLE III — REFORM OF THE IMMIGRANT VISA SYSTEM passing would be greatly appreciated. I am finishing up my PhD in STEM and that piece of legislation would make the immigration process for us infinitely easier.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#109I need to sign off now. I will be back in about an hour. Great questions and comments by the way. Thank you!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#110Hi Peter thanks for doing this again.I am Mexican, I have been working remotely for a US company since December 1 2020 but hired through through the Mexican office. My question is: is it possible to get a TN visa without a college degree? I need it because I need to move to the US when lock down ends.
It is but the TN occupations for those without a degree are very limited. Do you have any tertiary education and what do you do for the company? You also might qualify for an L-1 intracompany transferee visa once you have been employed by the Mexican company for one year.
The job I am doing now for this company is Software Engineer, I have a contract with them for a salary of ~120K usd per year but for that I need to be in the US, for now I have a contract with their Mexican office.
For my specific case I have completed my college courses but my college is very slow and it still will take me around 1 year to do all the paperwork, I only have "carta de pasante" now but not the degree. Is the "carta de pasante" worth anything to get the TN Visa or only the degree?