71–80 of 248 posts
Is the simplest way to achieve this to contact US-based recruitment agencies and look for companies who are willing to sponsor a work visa?
Is there a better way to go about this?
I'm also open to remote work, I'm guessing this would still entail having a US work visa.
How high is the bar to qualify for a O-1B visa (yes, I do mean O-1B), specifically the "evidence demonstrating your extraordinary ability"?
It's an extremely tough category.
https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-...
Hi Peter, I've got an EB-1A (August 2018 approved in September 2018) and NIW (November 2018 approved in January 2020) petitions approved, and yet I haven't gotten my adjustment of status issued. The adjustment of status was filed with the NIW in Nov. 2018. I didn't file an adjustment of status for the EB-1A because the priority date wasn't current. Is there anything I can do to get anything issued? I've followed up r…
How are the odds for bringing your remote employees to US using the L1 visa? They've worked for us for more than 5 years in management role. Also the startup got acquired sometime ago, does that impact the L1 application?
If these employees manage other employees now and will manage other employees in the U.S., then the odds are high actually. Conversely, if these employees aren't managing any employees and won't be managing any employees in the U.S., then, unless their work is highly complex and technical, the odds are low. Does the acquiring company also own the company abroad?
how would you suggest we should pursue this once all the paperwork is done? hire an immigration lawyer? any recommendations? we are non-YC.
UK-based software engineer here, proactively looking for work in the US. Is the simplest way to achieve this to contact US-based recruitment agencies and look for companies who are willing to sponsor a work visa? Is there a better way to go about this? I'm also open to remote work, I'm guessing this would still entail having a US work visa.
What are the risks of NIW EB2 application for the following person type (and what letters should focus on): founding engineer at a well-funded and reasonably successful startup, decent achievements in programming competitions plus a cited paper and a patent to check the box, but definitely not a well-known leader of any field?
The NIW specifically waives the PERM, but everything else is basically the same. There's 2 parts:
- Advanced degree (ie masters or PhD) or exceptional ability, more specifically 3 of the following 6:
> An official academic record showing that the beneficiary has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
> Evidence in the form of letter(s) from current or former employer(s) showing that the beneficiary has at least 10 years of full-time experience in the occupation in which he or she is being sought;
> A license to practice the profession or certification for a particular profession or occupation;
> Evidence that the beneficiary has commanded a salary or other remuneration for services that demonstrates exceptional ability. (To satisfy this criterion, the evidence must show that the beneficiary has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field);
> Evidence of membership in professional associations; and
> Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
For you patent + salary + winning competitions is probably good enough.
- Waiver is in the "national interest" of the US, which has 3 prongs:
> The person’s proposed endeavor has both substantial merit and national importance;
This may be the hardest portion for you. To quote the manual:
> In determining national importance, the officer’s analysis should focus on what the beneficiary will be doing rather than the specific occupational classification ... if the evidence of record demonstrates that the person’s proposed endeavor has the significant potential to broadly enhance societal welfare or cultural or artistic enrichment, or to contribute to the advancement of a valuable technology or field of study, it may rise to the level of national importance
Depending on what you and your startup does, this may either be very hard or very easy. You have to show that you'll be working on something that "may rise to the level of national importance", which hopefully your startup is doing.
> The person is well positioned to advance the proposed endeavor; and
You're already working as an engineer, presumably doing the thing you said you'll do in prong 1. A freebie.
> On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.
This also has 3 factors:
> The impracticality of a labor certification application;
> The benefit to the United States from the prospective noncitizen’s contributions, even if other U.S. workers were also available; and
> The national interest in the person’s contributions is sufficiently urgent, such as U.S. competitiveness in STEM fields.
Usually STEM people get through on the 2nd or 3rd part, especially if the factors in prongs 1 and 2 are good enough.
If I were you, I would focus your letters on the national importance of what you're doing and on the 3rd prong of how you'll be beneficial to the country. This is where lawyers are really helpful in drafting the letters, but you may choose to do that on your own. Read https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-... the entire chapter very carefully beforehand though.
I am a Canadian citizen. My B.Sc. and M.Sc. are in mechanical engineering, but I have been working in the software industry as Software Developer and Data Scientist. Would I be eligible to get a TN to work in the software industry in the US? If yes, could you please refer me to resources to learn more about eligibility restrictions, e.g. details about what if any limitations I need to keep in mind when I apply to jobs in the US (e.g. if Data Scientist jobs are OK, but Software Architect jobs are not OK, etc.)?
Thank you!
Hi Peter, Do you have any statistics on success rate of Entrepreneur Parole? I am currently in USA on H1B visa and planning to leave my current job to join my startup full time. I got commitments of around $500K from a pre-seed VC and a few angels. I am exploring if Entrepreneur Parole or O1 is the right option for me.