We applied to O1 visa, got approval from the USCIS, then got visa stamps and at the day of my flight visas were revoked. Embassy said to reapply - I did and now it's been 11 months of Administrative processing (as they said in the DoS).

My employer tried writing to the Congressman's office couple times, but every time Embassy answers ~"please wait, no timelines". I also filed a DHS Trip complaint and received this statement: "We have made any corrections to records that our inquiries determined were necessary, including, as appropriate, notations that may assist in avoiding incidents of misidentification".

With everything above, we were not able to get any meaningful timelines or figure what's going on. Is there anything we can do to make movement in my case? It's hard to plan your life living like this, so it is very important for me. Thanks!

My advice would be to relax, enjoy Armenia, and assume you are not entering the U.S. in the next couple of years, for any reason. Administrative processing (I assume you actually mean 221(g) refusal) can easily take 1-2 years. The most extreme case I've heard of took 4 years.

In 2016-2020 writing to a congressmen could actually help: https://daniel.haxx.se/blog/2020/11/09/a-us-visa-in-937-days... , but not anymore. Last year I've heard about some success stories with U.S. courts. Still, it took for one O-1 person about two years from the initial visa interview.

I've also never heard of anyone getting any timeline estimations.

A related small thread with Peter's response: https://news.ycombinator.com/item?id=44006801

There are people who file collective mandamus lawsuits, so you might consider joining one of those groups.

However, from what I've seen, it could be a waste of money, as there isn't convincing evidence that it accelerates AP. These lawsuits usually take many months, and AP often resolves "by itself" before the lawsuit reaches a resolution.

As I understand, AP generally means Washington and not the consulate is actually the block/decision maker now, but they wouldn’t even officially tell you that. It could be with State or they could be waiting an opinion from someone. Picture some CIA agent who got stuck with a boring desk job and has a stack of thousands of visas to research.

I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give your phone and password. Also, what happens if you refuse to do so? Is the worst case scenario that they will send you back to where you came from?

Seems like asking someone to do this is just a good test to see the kind of individual they’re dealing with. It’s not practical to thoroughly search phones at scale and plus they know people can just have burner phones anyway. If you’re cagey and combative they know you’re a problem.

1. An itemized list of every account they have and their passwords and any 2FA they've used.

2. Multiple forms of payment.

3. A photo gallery that, in many (if not most) cases, will have private content.

4. The contact information of everyone they know, who have not consented to having that information distributed.

I find the entire idea that it's acceptable for any barely-educated border agent having a power trip with no probable cause to demand this under the duress of rejection, repugnant.

Especially in a country where police officers are occasionally allowed to "have sex" with people they apprehend - it seems like there's nothing that actually stops a CBP agent from just stopping any attractive woman they happen to see and demanding their phone so they can find nudes.

Say no? Get deported, no legal recourse.

It's not actually about any form of screening. It's a power trip. Only the dumbest criminal or terrorist would bring an incriminating device across the border and have any need to say "no" to that request.

Which, stopping dumb criminals and terrorists is important and valuable and they do exist, but nobody applied to work for CBP in order to check the phones of dumb criminals. They applied because they have strong opinions about certain things.

Madness how this is being normalised now in the US

Not completely groundless, even if I could think of more than one way to construct a device, e.g. laptop, that boots up and still explodes, but hey.

So if you force someone to turn on their phone or laptop at security, you will hopefully force the decision point; even if the inspector cannot tell the difference, a terrorist is going to get real nervous and jumpy around activating the thing they intend to use as a detonator, in contrast to some businessdude activating his very ordinary mobile device.

Short FAQ:

https://www.aclu.org/know-your-rights/what-do-when-encounter...

Dedicated article:

https://www.aclu.org/news/privacy-technology/can-border-agen...

> Refusal to do so might lead to delay, additional questioning, and/or officers seizing your device for further inspection.

Then, there's no point in denying device search?

[1]: https://www.aclu.org/know-your-rights/what-do-when-encounter...

This is such a risk right now, that me and my American partner decided to not travel to US at all until things change. Too bad we cannot see some of the family in there...

This is not because I have something to hide, but because I have nothing to show. I don't have Facebook, Twitter or Instagram accounts, don't keep pictures on the phone (family pictures are downloaded on the NAS, I don't take other pictures), so there is nothing to show on a personal level, while the company I work for is a big, old US company and the content of the laptop is theirs, not mine, and it is nothing sensitive that even our business competitors would be interested into.

I case I would go there as a tourist, my only luggage would be my motorcycle helmet and a pair of gloves, I would rent a bike, buy a cheap phone with a local number and do road trips around the country. Not even a suitcase, so nothing to show. If they ask me about itinerary, that is a high risk for me because I use to travel across Europe without an itinerary, just a direction, they may not believe me, but old bikers don't go to a destination, they go wherever the road goes.

My solution was to delete apps I didn’t want to be searched (e.g. WhatsApp) after having made a cloud backup, then enabling airplane mode.

CBP’s website [1] states:

> Prior to beginning a basic or advanced search, CBP Officers will ensure all data and network connections are disabled

And no, I wasn’t searched (thankfully!)

[1] https://www.cbp.gov/travel/cbp-search-authority/border-searc...

Wipe and dump burners before flight home.

Get a burner phone! Upload your entire data to the cloud as well. Either you can store your phone in the check-in luggage or restore your data once you've arrived at your US location.

Carry a cheap burner phone with you, then.

Related: KPMG, Deloitte Ask Staff to Use Burner Phones for overseas travel -> https://archive.is/lml0L

They can already hijack any phone number, so the only vulnerability you are giving up by crossing the border is the files, call log/sms, and accounts you bring with you.

1. Backup your device to the cloud (a different cloud than the default if possible)

2. Erase your device

3. Provide your empty / near empty device for inspection.

4. Load the backup after the airport checks.

It might be wise to update this with some basic changes, like creating fake accounts that are auto signed in on your device. Blank twitter account, blank gmail account etc.

I travel internationally all the time. I work with companies in China, Singapore, Japan, Australia, Europe and Latin America. Meaning, I know lots of people who travel internationally with great frequency. I have never heard from anyone having any such problems. Ever. Not during this administration nor others. Stop listening to idiots pushing false narratives. It's fear mongering. Not real.

Oddly enough, I have been asked more questions when travelling to Canada (Montreal) over the years than almost anywhere else. Nothing serious, thigs like "Why are you travelling to Canada?", "Where are you staying?", "How long?", "Where do you work?", "What's your website and business email?", "Who are you meeting with?", "What is their contact information?", etc. And, BTW, all of this at the standard entry passport check booth, not a side room.

Of course, it feels intrusive when it happens. I look at it as security theater. Just chill and go through the process. Being stupid about this can ruin your trip in any country. Unless you are a diplomat, you are not important enough to bother with. Picking a fight with entry officials in any country will result in bad things happening to you. Don't be that person.

To the point about security theater: Last year we travelled to Mexico on vacation. When we got to the hotel we bought a few supplies. A couple of the items were sealed the type of plastic packaging that you cannot possibly open with your bare hands or teeth. I said "I'll go to the front desk and see if they can let me use a pair of scissors". Without missing a beat, my daughter pulls out a pair of standard size Fiskars scissors from her luggage. Jaw drop moment. She went through security, full scan, and a pair of scissors made it onto the plane. So, yeah, security theater at its best. BTW, the scissors did not make it through security at the airport in Mexico when returning.

BTW, I have also hired Canadian engineers and we've never had problems. You just have to go through the process, hire and attorney and do it right. Which, BTW, is true anywhere in the world.

Yup. That's it. And the people running entry and customs at airports around the world are not necessarily the most capable and accomplished among us. I have lots of stories.

For example, entering into Mexico (Cancun), there are probably twenty passport check booths. The line for passport checks easily had 500 people in it. Every single agent left their station, with only one left to process 500 people. That remained so for about an hour. As could be expected, tempers were flaring and interactions with this one person, in some cases, where, well, less than ideal. No supervisor in sight. About an hour later five agents showed-up. It was horrible, the agents had an attitude and travelers were tired and angry. I've been going to Mexico for a decade, this was the only time I've seen something like this. Someone for whom that trip was their only exposure would likely come out of it with a very different perspective.

Here's another one. I won't name the country because this was a thing at a moment in history for them and no-longer the case for probably the last twenty years. When travelling to this particular country is was an unspoken rule that you had to put money into your passport (typically $100 per traveler) in order to gain entry without being hassled. If you did not, the consequences were in a range between having to pay serious "taxes" on your stuff to having some of your things confiscated (typically your electronics).

As I said in another comment, this isn't a black and white issue, it's shades of grade.

For first world entry they just depend on the fact the 1st world country is harsher on security than them so they don't bother. Might be different if you enter from Mexico's south land border.

People get worked-up about interactions at airports without fully understanding their context and realities. Just chill, don't argue, don't be an idiot and enjoy the trip.

https://news.ycombinator.com/item?id=44006618

What if the current path means a permanent shift. What if this administration seems friendly compared to the next?

Is that factual? Or has the media simply been covering it more due to their bias?

International Travelers Processed with Electronic Device Search

Fiscal Year Quarter Total Border Searches Conducted FY 24, Q1 10,937 FY24, Q2 11,273 FY24, Q3 12,090 FY24, Q4 12,658 FY25, Q1 12,092 FY25, Q2 12,260

(The U.S. 2024 fiscal year began on September 28, 2023)

To understand the scale, in FY25 Q2, there were 88 million entries.

So the assertion that 1) electronic searches are statistically meaningful and 2) they are increasing by any significance is just media-fed fear.

One ought to consider the UK’s Terrorism Act of 2000 — the police do not even need reasonable suspicion of a crime to stop and search a person, their vehicle, or electronic devices. https://www.hrw.org/report/2010/07/04/without-suspicion/stop...

You can also be arrested in the UK for the crime of insulting someone. https://www.bbc.co.uk/news/magazine-18102815.amp

I'm a US citizen born abroad - I got my citizenship via (I believe) INA 320 when I was a child. I have a US-born father who was not eligible to pass on his citizenship at the time of my birth. I lived in the US for most of my childhood up until ~2015 (initially as an LPR), and at some point, I obtained a US passport.

I don't have a certificate of citizenship, only a US passport. Given the way the US is going, I'm concerned that one day I'm going to apply renew my passport or otherwise have to prove my citizenship, and I'm not going to be able to sufficiently document it. Is this a real risk? Would you advise applying for a CoC in my circumstances? Am I even eligible to apply for one given that I live abroad? What other steps if any should I take to protect my status?

If good documentation and good behavior won't protect you, then that leaves trying to avoid being in the front page of search results.

The amount of time the parent has to have lived in the U.S. varies but usually it’s 5 years with at least 2 years after the age of 14.

If they don’t automatically pass it on and they want to move back to the U.S., they need to apply for green cards for their kids.

Since 2001, anyone under 18 who has a green card and lives with a U.S. citizen parent becomes a citizen automatically by process of law, under INA 320. Unfortunately documenting this is not automatic. A lot of people who came before 2001 don’t even know that they’re citizens. The application for a certificate costs a lot of money, so often parents tend to skip it if they don’t feel it’s necessary.

See below for the residency criteria.

https://travel.state.gov/content/travel/en/legal/travel-lega...

INA 320: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter...

I would expect that a brief look at the current situation in the US suggests the opposite, does it not?

In most job applications, I need to answer the two following questions 1) Are you legally authorized to work in the US? and 2) Will you now or in the future require sponsorship? I'm looking for advice on how I should be answering these questions.

For example, I believe I should technically be answering NO to 1) and YES to 2), but I'm slightly unsure about this.

I've heard recently that some Canadians actually recommend answering YES to 1) as getting a TN visa is very simple and not too much harder than just hiring an American. The idea is that when you answer NO to 1) that recruiters (and especially startups who are often more naive about visas) will lump you in as being hard to hire like immigrants who come to the US on the H1B and then filter out your application.

As for question 2), because the TN is a "Nonimmigrant" visa, does this technically mean I can answer NO here?

Basically in summary, how would you recommend I answer these questions? I don't want my applications to get auto filtered, but I'd also like to be as honest as possible.

We actually hired some Canadian talent -- we just used an EOR in Canada. The EOR cost us about $600 a month per head as their cut, but it was worth it to get the excellent developers we have through that deal.

The reason why some/many firms would filter out anyone saying NO to (1) is that getting a visa sponsored requires significant work of a specialized nature and our company certainly is not equipped to do that because we don't have people who have the time and skills to deal with the insane demands of our government to obtain the necessary document (This is not a new or partisan issue btw, I remember losing a great developer in the Obama years due to the feds giving her the run-around).

(EDIT: it is sometimes referred to a visa and sometimes as a status but at any rate as someone who had TN status with two different US startups there was very little process around it)

The paperwork is very basic. It’s essentially just a letter signed by the employer that describes what you will be doing. I put it together myself, but an immigration lawyer can help you with it for a couple of hundred dollars if you need it. It’s issued at the border, you just tell the immigration/border guard that you’re getting a TN, then you go into the office, they review the paperwork and put a stamp on your passport. It took about 20 minutes when I did it in Toronto a couple of weeks ago.

One important thing in seeking TN status is that the title of degree matters immensely to your employability, which goes entirely against what I stand for, as if you have a degree in economics or no degree but do a great job of writing code, I'd want to hire you. The law contains vagaries and there is a "memo" which suggests that they use common sense, but it's all up to a random border guard who might not know any of that to interpret everything.

Anyway, you're not automatically legally allowed to work in the US and lying about it won't help. We can agree to disagree on whether we "should" deal with all that stuff or if we're missing out, but lying to get halfway in the door is the worst way to change an employer's mind, especially in this economy when plenty of domestic candidates are available.

That said this is a choice you're making from what sounds like more religious reasons. Your company and your choice but it's not hard to employ TNs in a startup (and I know because I had TN status with two startups so I'm a little ahead of "brief reading of reddit posts").

TN status can also be applied for in advance by the way, doesn't have to be at the border. This wasn't an option when I had TN status but now it is.

> Requirements for Canadian Citizens

> A visa is not required for a Canadian citizen entering the United States as a USMCA Professional, although a visa can be issued to a qualified Canadian TN visa applicant upon application at a U.S. embassy or consulate.

> A Canadian citizen can apply for TN nonimmigrant status at a U.S. port-of-entry. Learn about these requirements on the U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) websites. More information about receiving TN status without applying for a visa is also available on the U.S. Embassy Ottawa website.

TN is both a "nonimmigrant classification" and a visa. The TN nonimmigrant classification is what is what grants a Canadian citizen eligibility to enter into the U.S. without a visa. A TN visa also grants a Canadian citizen entry into the U.S., and is required for TN nonimmigrants to enter with family members. In a nutshell, you establish your TN classification at your port of entry with (a) proof of Canadian citizenship, (b) letter from employer or prospective employer, and (c) any required credential and fees. You can acquire a TN visa the same way, or (recommended) at a U.S. consulate or embassy prior to your trip, and the primary difference is that the TN visa takes a little more time and paperwork.

Prior to this administration, TN status was a simple and short process; we had dozens of Canadian employees visiting the U.S. every week. However, the current administration does not believe in following established laws, so our legal counsel has been advising us to apply for TN visas for Canadian employees visiting the U.S prior to their trips to avoid any surprises at the border.

Note: Mexican citizens don't get TN nonimmigrant classification status. They must apply for the TN visa at a U.S. consulate or embassy in Mexico prior to their departure for the U.S. They must then apply for admission (aka, a visa) into the U.S. again when they actually arrive (basically, they need a TN visa to get a visa. It is as ridiculous as it sounds.)

One of the situations when I had a TN was exactly like that. Canadian employees of a US startup needed to get a TN so they're not hassled at the border.

Many administrations ago. Before the first Trump presidency.

Either way getting your Canadian employees TN status is easy and is probably a better solution.

The exception to that is Canadians like OP, they don’t need most visa types (the E investor/trader visa is the exception—but TN, H1B, etc., don’t need).

https://www.uscis.gov/working-in-the-united-states/temporary...

"If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.

You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:"

"You may be eligible for TN nonimmigrant status, if:

    You are a citizen of Canada or Mexico;
    Your profession qualifies under the regulations;
    The position in the United States requires a NAFTA professional;
    You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment - see documentation required below); and
    You have the qualifications to practice in the profession in question."

The main point is this has none of the process usually related to "visas" and even if that term is sometimes used along with "TN status" it's its own special thing. Canadians don't need a Visa to visit the US and I am not a lawyer. Mexicans might be in a slightly different situation. Either way, the proper legal answer has no influence whatsoever on the points being made.

TN status is a special thing. A TN visa is just a non-immigrant visa given to a TN-eligible Canadian or Mexican citizen.

Canadian citizens don't need to receive a visa prior to their departure for the U.S.; they can get a form of "visa on arrival" through their TN classification. Mexican citizens need to get a TN visa in order to be eligible to get a visa on arrival when they arrive.

This might actually violate EEOC. You would discriminating on the basis on nationality. The question that was asked was "Are you legally authorized to work in the US?" and Canadian have a limited legal right to work in the US under NAFTA.

This is laughably incorrect, and a good example of why you should get legal advice from lawyers instead of Internet forums.

I wouldn't trust you either. The question is ambiguous when it comes to NAFTA and applicants are worried about being filtered out despite not needing visa sponsorship. TN is not a visa it's a status based on a free trade agreement.

Well, TN is none of those, and here I am authorized to work legally. If I apply for another job elsewhere, the honest answer to this question is yes, despite the fact that I will be required to get a new TN.

> The nonimmigrant USMCA Professional (TN) visa allows eligible citizens of Canada and Mexico to work in the United States as USMCA professionals in prearranged professional level business activities for U.S. or foreign employers.

Colloquially people refer to a status granted through a particular visa category as "visa" e.g. "I am studying on F-1 visa", "H-1B visa employees" etc.

You’re doing anyone you don't give a job a favor.

Any options agreement would be with the private individual to not mess up the cap table.

With that being said, from seeing the replies to my original question, would you mind expanding on your answer a little more? I’m sure many of the other commenters in this thread would appreciate some more clarity here.

"Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks 'Are you legally entitled to work in the US?'. Am I meant to answer yes or no to that?"

Peter replies:

"Unfortunately, the correct answer is No because until you have the TN, you are not legally entitled to work in the U.S. Of course, this means that you will be excluded automatically for consideration of certain jobs."

Is H1B lottery just going to be a Ukrainian's best bet? A lot of the advice and documentation seems contradictory, as 'parole' seems in some ways to be more a lack of status than a status itself. Leave the country and apply for some other type of more permanent work visa?

I've been given hell by immigration about my TN when flying directly into US airports though.

For example, you are allowed to withdraw your application to enter the US and leave the preclearance area. Additionally you are bound by different laws for search and siezure.

At this point I am only going to the US through preclearance areas because you are still on Canadian soil and bound by Canadian laws. That doesn’t necessarily mean that USBP won’t break those laws, but the Canadian courts get to decide if laws were broken instead of the US courts.

One thing I have not found a straight answer on yet is if USBP can compel you to unlock your electronic devices in a preclearance area. My current strategy is if I am asked to do that in preclearance I will withdraw my application to enter because Im not letting anyone access to my phone.

So it's basically the same, and you will have to apply for a proper visa.

For example leaving the Schengen area it's obligatory to go through "exit immigration" and get your passport stamped. Leaving the US, you show your passport to the airline, but usually there is no formal immigration check at all.

- Arrive in Pearson

- go to passport control, scan passport at kiosk, kiosk spits out receipt

- you flash receipt to a border officer at the stairs out of passport control

- go to baggage claim

- get bags

- go to customs

- hand passport with receipt to officer at customs

- welcome to Canada

I haven't had that experience when leaving other countries bound for the US; like GP said, I've had to show my passport to the airline to board, but I believe that's to fulfill the requirement that they made good-faith effort to ensure I'm capable of entering the US.

I have not ever heard of that happening, but if I did hear about it happening to normal people (i.e. people without a criminal warrant) I would probably stop going to the US.

Driving across the border from the US back to Canada you don't talk to US border agents.

Flying from the US back to Canada you don't talk to US border agents.

There are massive data sharing agreements between US and Canada customs. US and Canadian sides can pull full criminal records, and a pardon means nothing. Exit data is shared in both directions as well.

EDIT: I do remember hearing some cases of being searched when leaving through land borders, but that's more of cars being searched for smuggling IIRC?

You cannot be employed in the US under these conditions, but as a founder you are most likely doing things which are permitted:

* negotiating contracts * business meetings * board meetings * conferences * purchasing property in the US

* By law, the US can only issue 140,000 employment-based green cards per year, and no more than 7% to one country. This means people from India or China can face a 100+ year backlog, even after they have proved they qualify for a green card. There's no cap on marriage-based green cards.

* Processing times for many green cards (i.e. for people who have already qualified, but just need the physical green card), are 12-24 months.

* USCIS still expects many applications to be sent by mail. Some applications (like O-1s, EB-1s) require hundreds of pages of evidence, and it all needs to be printed out on 8.5x11" paper, for USCIS to scan it in on B+W scanners. This means that there is no error checking (e.g. on fee amounts), and if you have made a mistake, you might not know about it for weeks. Also, it means your petition cannot include working hyperlinks, webpages, or videos - the USCIS officer judges the petition by scrolling through a 400+ page PDF.

* The 'standard' post-graduate work visa is the H-1B. It's entirely lottery-based, not merit-based, and typically there are 400,000+ people competing for 85,000 visas. Many qualified people are forced to leave the US each year because they didn't get selected in the lottery.

No other country in the world requires foreigners to be significantly more qualified than its own population. You can move to France with a regular paying job no problem or just a few thousand euros in savings. Impossible in the US. You have to be extraordinary (they literally call their criteria, "extraordinary abilities") or you have to make top 5% money (so if you work in tech, that would be at least $500k-1M/year in many cases).

The only other way is to get married. This means there is a massive discrepancy between the qualifications of self made immigrants, versus those simply lucky enough to fall in love. It's pretty unfair, but that's how it works. But that's also the reason so many immigrants are so successful in the US, the bar is so high, that it creates a massive motivation to succeed to become eligible for the criteria.

Unless something has changed dramatically in the last decade this is patently false. Getting an EU work permit was historically very hard with employers having to demonstrate that a position can't be filled by an EU citizen before a non-EU citizen candidate can be considered.

In most European countries, once you're in, you can find a way to stay. One exception I can think of is Switzerland, which can be pretty annoying for temporary visas because they don't count for time accrual.

Austria has a pretty good system (RWR) that lets you job seek and is a pathway to permanent residency as a 3rd country citizen. I think there are similar programs in France and Germany.

For example "very highly qualified" in Austria is satisfied by almost anyone with a STEM degree, being under 35 and (amazingly) being an English speaker. If you have that initial visa, companies can hire you without worrying about sponsorship.

You could also use that as a route to the Blue card I think. I wouldn't say the bar is exactly low, but a lot of mobile people are sufficiently educated and are paid enough. As in, a typical European STEM salary would cover it.

But also the grandparent's comment is out of touch. Of course countries want people who are more skilled than local labor, that's the whole point. Aside from the benefit of attracting talent and higher tax revenue, it's much harder for your voters to argue that immigrants are taking your jobs this way.

Lots of info on the government website.

The path is H1-B -> Green Card -> US citizen (I have done it), and to get H1-B your potential employer gotta post that $60-80k/year job and show that there were no qualifying US applicants for it.

There is no instant green card.

If a truly extraordinary Indian-born person (say a Nobel laureate or olympic gold medalist) files for a green card today, they will be waiting for 7-10 years to get a green card. At this point, it may be worse too, because this category's priority date has not moved a single day in 8 months.

Edit: Typo

How often do you get a new curveball in the process? Though perhaps this is an unusual year to be asking that.

> I thought I was just going to be given my passport and sent on my way, or maybe asked a couple of questions, but they made some pretty outlandish accusations. They said, ‘We know you have two mobile phones. We’ve been tracking your calls. We know you’ve been selling drugs’.

https://www.theguardian.com/us-news/2025/apr/11/australian-w...

What about existing visas?

Are you saying this is no longer the case?

See https://www.erininthemorning.com/p/marco-rubio-may-have-just...

It is a sign a deeply adversarial country if you send the signal you need legal consultation to work or live there.

My uninformed opinion if you want it: No, it’s not normal for someone to speak to an attorney before traveling. That question is a tad rigged though since I do find it normal to talk to an attorney if you’re doing something abnormal[0] to a legal document, especially to a legal document used to (ideally) rigorously confirm your identity.

[0] uncommon is likely a better choice of words, but I hope the added indirection isn’t necessary in this format of discussion

With genAI and LLMs making way into every profession, how much of an impact have you seen on the immigration law side? Have these style of tools made your job easier, or are they adding more confusion and uncertainty?

Given the rapidly changing landscape (on the immigration side; what is valid today may not be valid tomorrow, and everything seems kind of up to the best guess of the practitioner) do you see these tools (potentially) causing more harm than good (to specific individual cases)?

I called the national passport line for advice about this when renewing, and they said to mail in the correction form the other commenter linked along with the renewal form. I also included a letter explaining that I wanted the passport renewed, but that it had my wrong birth state, and I wanted that corrected along with the renewal.

I think I included my birth certificate showing where I had actually been born, also, but I don't really remember. I'd call the State Department national hotline to see what they suggest: https://travel.state.gov/content/travel/en/contact-us/passpo...

How likely would you consider the idea that the current administration would revoke existing passports for transgender Americans under the pretense that they were "fraudulently or erroneously" obtained under processes put in place by previous administrations?

Where it gets awkward for everyone involved is when you have a trans woman say who is recognized female on her birth certificate and by her state now coming in conflict with a federal government that suddenly doesn't respect that. Where it gets even awkwarder-r is more trans people pass than people assume and it would cause more issues to have their chromosomal sex listed on their ID than not. If my friend who is a trans woman walked into the men's bathroom they would be like, "hey lady this is the men's."

I was let go with just a warning for my "offense", but still the customs officer took my passport and make some note in the system. Should I expect secondary inspection next time I cross the border?

Concurrently, they also filed form i539 for my wife on H4 to extend her status (her current visa stamp and status expire in July this year). She has no EAD as I don’t have an approved i140.

Her request is still pending, and given current processing times it likely still will be when her status expire.

To complicate things, we travelled outside the US for 10 days while her request was pending (after receiving the green light from my company lawyers saying it wouldn’t impact the i539).

Reading online we got mixed results, so we’re not sure if she can stay in the US until her i539 is approved, or if having left the country for a short period might cause USCIS to consider her application abandoned.

We could have her travel and to make arrangements for a consulate appointment before July, but we’d like to avoid that if possible.

My understanding is that is a bit of a legal gray area, so I wanted to hear your thoughts.

Thanks for the help!

The answer to the above should give you some idea what's likely to happen, and what CBP has flagged you for, if anything.

TN status is conceivably something you could get without help from the employer (though even the smallest startup hired one to help me set up a package). What you need is basically proof that a company wants to hire you (offer letter), evidence that the company exists, and proof that you fall in one of the TN occupations.

I've been through this process many times, and I would always say yes and then mention with the recruiter (even if I had to explain that the process was basically "asking politely for permission at the border").

The underlying question that employers really care about is "will you be legally allowed to accept a job offer without unexpected expenses or delays". Even if you file through USCIS (and not petition at the point of entry), you can (should) have an answer in 14 days and ~2k in fees, which is 1) a drop in the bucket for any hiring budget, and 2) not impactful to a hiring timeline.

No portion of my initial comment should have been interpreted to mean that employers do not do their own due diligence after actually hiring someone.

I'm in the US using E-3 visa since July 2024, working as a software engineer for a smallish non-faang company. I am fully remote in the Bay area and there is no office, but technically the company is based in NYC. New hiring for SWEs is outside the US. There haven't been layoffs in the last 12 months and it doesn't seem like there will be.

What is the best way for me to pursue a green card? I am aware that E-3 is not the ideal path, but is workable with some risks. My main concern is the state of the SWE market, with so many candidates looking for work.

I expect that any labour market test will fail as there will be suitable US candidates that appear. Is there any way to navigate this situation? What are the chances of success in this market? Would joining a big-tech company help?

Here's how I approached it: when my PERM was approved, I immediately went and renewed my E#. This required a trip out of the country. I went back to Australia. My employer was amenable. This was to avoid being out of status or needing a renewal when my I-485 was pending.

One thing to note is that the application for the E-3 doesn't ask you "do you intend to immigrate?". It asks "Have you filed an I-485?" and at that point I could truthfully answer no because I hadn't.

I arrived back in the US and almost immediately filed the I-140 and I-485 concurrently.and applied for EAD and Advanced Parole. Those arrived within a few months.

The only wart was USCIS asked me to file an extra form giving up my diplomatic rights because other E visas are for diplomats. My lawyer said this really wasn't necessary but the best path was simply to give it to them. I think I got my green card after 8 months.

You seem to agree that PERM would be problematic in these times? Maybe you are seeing failures too? My thinking is that I don't want to try to persuade my employer to start the sponsorship process but then fail the market test (potentially repeatedly). Some SWEs are being successful in this though, so I'm wondering if it's also down to having a good law firm handle the process.

I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan)

What are my options if I was laid off/company went under/perm cert rejected?

How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?

qq and i'm double checking what my own immigration lawyer has already told me just because i'm nervous on this point. Is filing the i-485 the point at which you can stay?

I've filed an i-485 via US spouse and waiting to hear back but the 60day period is looming and obviously nervous on this point.

My I-140 was approved in June 2013 under the EB2 category (H1B). I later downgraded to EB3 and filed my I-485 when my priority date became current back in 2021. I received my EAD in 2022 and have been working on EAD since then.

According to the current visa bulletin, my priority date is expected to become current soon. However, I have a couple of concerns:

The job title I had when I filed the I-485 is different from my current role.

I have also changed employers since then.

I understand that I may need to submit a new I-485J.

Given that I was promoted and my current title is significantly different from the one in my original petition, could this pose any challenges to my I-485 application?

Very familiar with the need for LEO dumping grounds, especially at the federal level, so that's been my working assumption but I've never asked.

A good Great Depression economic reset + insane facist government will reset that a little - but it will still be better than a huge number of places on the globe. Even if the gov’t targets immigrants.

A huge number of places with massive populations of people who would love to come over.

They are quite competent at their actual jobs, which aren’t the jobs you think they are.

Think DMV. Or your favorite shitty cable company ISP.

I have found Asian countries, Japan and UK the same as US when it comes to customs experience.

Currently living in the US, I applied for a green card via marriage (partner is GC holder) in March 2023. I received my AP and EAD over a year ago, but there has been zero movement on the I-485..

What are the options here?

Given the current political climate, I'm not comfortable leaving the US until I have the I-485. Is this fear warranted? Would really like to travel overseas, but don't want to end up getting detained on re-entry..

I understand the above is specific to my case, but perhaps you can answer in a general sense for anyone else who finds themselves in a similar position..

Also if the reassessment is denied does your original visa still remain valid or are you risking it all for the promotion?

Thanks for all that great insight.

I'm currently a Swiss national on E2 with my own biz but looking at partnering with an American (the form could be a partnership or S-corp but it's not set in stone.. Recommendations welcome. State of CO or potentially Wyoming). All the work I do for them currently is consulting under my biz (SMLLC) as investment but apart from my biz paying for some PCB manufacturers there's no flow of money, just a lot of time.

Now my current E2 business has only me as an employee and I'm not sure how the chances of renewal look in 1.5 years if stays that way. End goal is a good partnership on the new venture and US citizenship but AFAIK there's no path from E2. Do you recommend reapplying for a new E2 with the new venture or extend the current one or something else entirely?

From what I understand from the last E2 is that the embassy prefers majority control from the treaty investor which we'd have to discuss if that's a hard requirement

Thanks!

What are my options?

I am on H1b visa and my partner is on H4 dependent visa. On H4, my partner wants to open a startup but is afraid if I lose my job then she has to stop working on the H4 visa as well.

I have my cousin who has a green card who is willing to be part of it, but I don't want to dependent on them.

What other paths are possible?

Cheers!

I comfortably qualify for one, based on the USCIS criteria, but my employer (big tech company, big law firm for immigration) wants to wait one more year for another H1B attempt before trying this.

Hence I am wondering if switching jobs could potentially help here.