proberts

Sorry for the poor wording. It's tougher for those who are not in academia or research.

It's still pretty easy if coming to work in one of the TN occupations with the right educational background.

That's a good question. I've thought various changes over the years would slow the influx of people to the U.S. but they never have and in fact the interest in living and working in the U.S. only continues to grow.

The place of incorporation doesn't matter. We should talk because assessment of E-1 and E-2 visa options requires careful analysis.

Nothing has been announced yet. USCIS indicated that these expanded background checks shouldn't delay the process by much but of course no one knows. Right now, it's just wait and see,

I-130 processing has always been all over the place and can be very slow sometimes, taking 9 or even 12 months.

My understanding is that time outside the U.S. of more than 30 days while in J-1 status is permissible but triggers a SEVIS alert and requires the ISSO to verify in the SEVIS system that you are continuing with your J-1 work while outside. So, you would want to advise the ISSO before you leave the U.S. and get his or her okay.

Yes, that would be fine but you probably would want to apply for a reentry permit when you are in the U.S. to protect your green card in the event you are outside the U.S. longer than expected.

Yes, I am seeing N-400 processing taking longer now. And yes, you can travel internationally while your N-400 is pending.

It's purely based on appointment availability at the particular U.S. Consulate but typically it's very quick to get an L-2 appointment. As an admitted L-2S spouse, you would be work-authorized and wouldn't need an EAD.

As long as your PD is current per the DFF chart in effect, then there's no date by which you must file your I-485. It's different if the Final Action chart were current. In that case, assuming it remained current, you would need to take I-485 or IV steps within one year. Of course, if you return to your current employer, it would need to be a bona fide job in the same/similar position.

The only downsides that I'm aware of are ongoing U.S. tax liability if you move abroad but still want to keep your green card and a potential tax penalty if you give up your green card after having it for at least 7/8 years.

Do you mean getting an immigrant/green card at a U.S. Consulate abroad?

Was the EB1A petition filed with premium processing?

E-3s are super quick and easy so this is definitely the first option to explore. But it requires a bachelor's degree or its equivalent in a field related to the job. And being a founder/owner can complicate the process but doesn't automatically mean an E-3 isn't an option. There's no helpful decision matrix. If you'd like, send me your resume and schedule a call and I can tell you which option to pursue.

The spouse could definitely switch to L-2 but then might lose eligibility for L-1 since the spouse still would need to meet the qualifying foreign employment requirement and the three-year lookback period for qualifying employment abroad would start now, not when they initially transferred to the U.S.

While U.S. companies continue to hire lots of foreign nationals and while foreign national founders in large numbers continue to try to build businesses in the U.S., the numbers appear to be down. The recent H-1B lottery seems to confirm this. Regarding cancellations/rejections, I would say it's getting harder to get cases approved but our success rate is still high.

The time varies significantly depending on the type of case. I am constantly on the phone with existing clients and potential clients. And we handle a lot of small and mid-sized companies so it's rarely turn-key.

I believe the numbers of H-1B filings has gone down although the H-1B approval rate - so far - seems unchanged.

That's right. Working without pay in jobs that normally are paid could still be considered unauthorized employment.

This is outside my area. All I can say is that anecdotally I still see our clients hiring remotely although often at the same time they are looking for ways to employ their remote contractors in the U.S.

We've definitely seen a slowing down of USCIS adjudications particularly when an RFE is involved so this delay isn't unheard-of.

Thank you for all the great questions and comments. I will be taking a brief break.

EB1As are extremely difficult to get right now. This is particularly true for non-scientific/research/academic employees who are not very highly compensated.

The naturalization application form requires the applicant to list out his or her employment history and this would show that the applicant left his or her sponsored employment soon after getting a green card.

Since you have an approved EB1A petition, you shouldn't have any issues finishing the process and getting a green card. But it's becoming harder and harder to get an approved EB1A.

The main changes are that U.S. employers could sponsor those who were outside the U.S. or ineligible to change status or change employers in the U.S. without incurring this fee.

See here: https://www.sss.gov/register/who-needs-to-register/#p1. Essentially, U.S. citizens and green card holders need to register but there are other groups as well.

On the business side, two broad changes come to mind: I would make it easier for entrepreneurs/founders to start businesses and also make it easier for the super skilled/talented (in both the arts and business) to get visas without needing employer sponsorship. I also would like to see the U.S. government come up with a list every few years of occupations (both skilled and semi/unskilled) that are considered critical or in short supply in the U.S. and make it easier for foreign nationals to get visas or even green cards for those occupations.

The government agencies involved are the DOL and USCIS so you would report abuses/violations to them.