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.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
171–180 of 409 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#172What 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?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#173In 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…
> 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 n…
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.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#174Hello 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)
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#175I 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!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#176Hi 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.
Either the NIW (national interest waiver) or EB1A (extraordinary ability) path. Are you in the U.S. already?
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.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#177In 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…
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.
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.'
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#178I 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?
O1 or E2 visas can be attached to a company you found.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#179Hello 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)
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
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#180As 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.
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.