I'm Australian and have always wondered about how easy it is to get an E-3 visa. What does it take from the sponsoring companies side to actually do it and get me over there?
Anecdotally, the E-3 is very easy compared to other options
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
#72Earlier quoted context omitted.
The best defense so to speak is to carry evidence of your status whether that's a green card or foreign passport and I-94 admission record, to have the number of a local immigration attorney whom you can call if you need to, and to be aware of one's rights. The ACLU has a good discussion of these rights: https://www.aclu.org/know-your-rights/immigrants-rights .
What would you recommend for foreign born US citizens worried about being approached by ICE? What are the basic ground rules for interacting? For example, some of us here look very much like we didnt grow up in an Iowa cornfield and have genuine concern that one negative interaction is going to result in being roughed up by untrained ICE agents at best and tossed into jail or worse. Do we just get used to the idea of…
Carry a REAL-ID enabled state ID? Those are not available to illegals in any state. All newer state IDs AFAIK are REAL-ID enabled by default. And you probably will need to use some form of ID anyway pretty frequently.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#73Hi Peter - do you have any specific thoughts for people posting about immigration scenarios here, to help keep themselves safe? Given that it was recently revealed that ICE is monitoring these comments.[0][1]
[0] https://www.404media.co/the-200-sites-an-ice-surveillance-co...
[1] https://docs.google.com/spreadsheets/d/1VyAaJaWCutyJyMiTXuDH...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#74I'm graduating from my PhD and starting a FAANG research role. I'm Australian and about to start in F-1 OPT status.
I am interested in an EB-1 or EB-2 (possibly NIW) visa, but am concerned about a long period where I can't travel (aka re-enter).
What's the practical difference between E-3 and F-1 OPT (with STEM extension) in my case? Is it easy to switch from F-1 to E-3 at the same role?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#75Hi Peter, thanks for doing this. For myself as a UK citizen, what are the most realistic options for obtaining a visa to work in the US? The H1B is the main one I'm familiar with, but with the lottery and the one year application cycle it doesn't seem an easy route. The other option I'm aware of is the L1, do you know how realistic it is to obtain one of those? I don't currently work for a multinational company but w…
The L-1 is very easy through a large multinational company after a year of employment with that company outside the U.S. and is attainable although more difficult through a small multinational company. The other options are the E-2 (treaty investor visa), which could allow you to work for a British-owned company in the U.S., or the O-1 (extraordinary ability visa), which requires a relatively high level of achievement but is often attainable by talented professionals.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#76I'm Australian and have always wondered about how easy it is to get an E-3 visa. What does it take from the sponsoring companies side to actually do it and get me over there?
Australian who's been in the USA almost a decade in 4 different roles, each requiring a new E3 as well as multiple E3 renewals;
I've found that companies are pretty eager once they hear that you only need an E3 visa. Unlike H1B the quota for E3 visas are never hit. Companies view it as a very straightforward and guaranteed process.
Assuming the company files their side of the paperwork in a timely manner, From accepting a role you can be working in the USA within 2 months end to end. The consulate appointments in Syd/Mel are the biggest pain point. It takes some refreshing since they are booked out for months at a time and you need to look for cancellations each day. That's literally the biggest pain point though, everything else is painless.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#77Hello! I may not be as knowledgeable about immigration as previous speakers, but could you provide me with a bullet-point list of the latest legal requirements? I’d like some guidance as someone currently outside the U.S. who wants to work in your country. Thanks.
The options will depend in part on this person's countries of citizenship and qualifications. There are a handful of citizenship-specific visa (the countries are Australia, Canada, Chile, Mexico, and Singapore), which usually are relatively easy to obtain. If the person doesn't qualify for one of these citizenship-specific visas, then the options will depend on his or her qualifications.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#78Hi Peter, when i went to Hacker news this morning and saw this post i thought, that's a bit unusual, an attorney??, so i think its cool that an immigration attorney visits channels like this. Anyways, me and my soon to be wife (we get married next Friday) have consulted an immigration lawyer regarding my status, i overstayed my tourist visa, so now im out of status, the lawyer mentioned that i have a pretty good chan…
Peter does this every few months on Hackernews.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#79Hey Mr. Roberts! I'm a US citizen and my wife has a green card. We like to travel extensively, but feel limited by the need to be in the US for at least 6 months out of the year. In an ideal world, we could get a digital nomad visa in Portugal and my wife and I could live and work there while we wait out some of the chaos that seems to be occurring in the US. But, we're not sure if we can live/work in Europe while si…
There's no requirement that a green card holder spend 6 months in the U.S. during the year. You and your wife can and should travel freely. And you could live outside the U.S. for several years and still keep your green card. If you decide to move to Portugal for a period of time, for example, you should consult an attorney but the solution to protect your green card status (for at least 5 years) is to get a document…
Interesting. Thank you for the response. If this is true, that's amazing!
Do you know where the 6-month requirement (rumor?) is from? Reading over https://www.uscis.gov/policy-manual/volume-12-part-d-chapter... section C states
"...there are two ways outlined in the statute in which the continuity of residence can be broken:
The applicant is absent from the United States for more than 6 months but less than 1 year; or The applicant is absent from the United States for 1 year or more."
Is this only for citizenship/naturalization and not to maintain a green card?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#80Thank you for the great questions and comments. I will be taking a brief break and will return shortly.