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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

#261

Post by proberts »

d3vmax wrote: post #258

Hi Peter, Do you think for Founders, the US EB-5 Green Card Visa can be a good option? (If cost is not a problem) A recent update: The Visa availability figures for fiscal year 2024 have just been released, and the news couldn’t be better for EB-5 investors – particularly those hailing from China and India. Rather than the typical 10,000 annual EB-5 Visa quota, the allocation for 2024 has surged to 22,233 EB-5 Visas.…

The EB-5 might be a good option but I'd recommend that the founders get an evaluation of their options first before proceeding with an EB5.

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

#262

Post by proberts »

wrp wrote: post #147

When a USA citizen meets abroad and wants to marry a non-USA citizen, with the intention of the non-USA citizen pursuing permanent residence in the USA, does it have any effect on the process which country they get married in? I've heard this and similar concerns from employees of multinationals who meet someone while at an overseas branch. They want to do what they can to avoid snags.

It doesn't matter where they get married as long as the marriage is valid where it occurs and under U.S. law. The location of the process abroad is based on the non-U.S.-citizens's country of citizenship or country of residence. Regarding the specific process, whether in the U.S. through USCIS or abroad through the State Department/U.S. Consulate, definitely consult an immigration attorney to understand the timing, requirements, and risks.

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

#263

Post by proberts »

csomar wrote: post #245
[deleted] wrote: post #137

[deleted]

Hey. I’m from Tunisia so I can relate a bit. 1. Build travel history. If you can get a Schengen, go get it and have a short trip to Europe. 2. Get the B1/B2 visa. It’s relatively easy for north africans. If you can enter the US with it, go for it, though flights can be expensive. 3. Apply for the canadian visa. 95% you’ll be approved for it.

Good advice. Thank you. I simply would add that you should speak with an immigration attorney to prepare you for your visa application appointment/interview since the interview is the key event in the B-1/B-2 visa application process.

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

#264

Post by proberts »

ghirni wrote: post #250

I am currently on H1b. If I got laid off and went back to my home country for 2 years. After 2 years, if a US company decides to hire me back, could I come back on H1b (provided my H1b hasn't reached the limit of 6 years). Does it happen?

Yes, you should be able to; we've done this many times and even where the gap is longer.

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

#265

Post by proberts »

cmrdporcupine wrote: post #220
proberts wrote: post #162

Earlier quoted context omitted.

That makes it tougher of course but letters from former colleagues or supervisors also can do the trick along with other evidence such as offer letters, employment agreements, and pay records.

Does the same apply for TN1?

No. The TN while easier in many ways is less flexible regarding alternative requirements; for nearly all TN occupations, an actual bachelor's degree, not the equivalent based on education and/or experience, is required.

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

#266

Post by proberts »

airstrike wrote: post #249

Thanks for the AMA! Thoughts on the IER? https://www.uscis.gov/working-in-the-united-states/internati... I've heard from a few immigration attorneys from big and small firms and they basically all said they'd never worked on one and would suggest finding someone with more experience

We've handled a bunch of them but the program has been dead in the water. However, the Administration's call-out of this program suggests that it might be an option again.

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

#267

Post by proberts »

fht wrote: post #192

Hi Peter, PhD student here with some publications thinking about staying in academia. What do you think are the chances for a green card during the PhD i.e. EB1b or EB2NIW?

The facts matter but as a very general matter, there's almost always a solid basis for an EB2 NIW and even EB1A as well for those with a PhD (or far along in the PhD process).

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

#268

Post by proberts »

Helmut10001 wrote: post #248

Hi Peter, my brother and I (both based in Germany) think of founding an LLC for for renting (we became landlords through inheritance). We do not intend to immigrate to the US, but I am curious if such an LLC would help getting a permanent visa at one point? I already had a couple of US visa in the past (2x J1, 1x F-1, 1x B1/2).

It's unlikely that that business/LLC would help in any way from an immigration standpoint. Now, if the business started employing people and growing, it might help.

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

#269

Post by proberts »

weilandia wrote: post #231

Hi Peter! We’re are waiting for my wife’s parents to get an interview scheduled at the Spanish embassy so they can get a green card. They are here in the US as tourists. We are close to the end of the process, but we’d like to keep them in the US if we can and just do the interview here. Is it possible?

Yes but you must consult an immigration attorney because there are some risks with this approach.

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

#270

Post by proberts »

tw600040 wrote: post #194

I am getting conflicting opinions on this, so I will ask. My company has filed a 485 for me (currently on H1) and my wife is a dependent. My wife is currently on O1 and her company wants to file a separate 485 for her (with me as dependent) for backup. But my company's attorneys are telling me that's not recommended and it's better to withdraw one before filing another. Is that so or can 2 485s be filed?

I agree with your company's attorneys. The other option is "interfiling," which allows the basis of the I-485 to be changed without filing a new I-485.
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