[sophia01]

I'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?

[proberts]

Your green card process will have two steps, the I-140 filing and then the green card application, either in the U.S. with USCIS (known as an I-485 application) or outside the U.S. with a U.S. Consulate (known as an Immigrant Visa application). During the I-140 stage, there is some risk traveling on an F-1 or an E-3 visa (with the F-1 riskier), but this risk is relatively low and can be mitigated. One way to reduce this risk to zero is to switch to O-1 status, which as a PhD grad you probably would qualify for but your employer would need to support this. At the second stage, with an I-485 filing, whether you are in E-3, F-1, or O-1 status, you should expect to be unable to travel for at least 6 months unless you have a family emergency. With an IV application, you will be able to travel on an O-1 visa but there will be some risk traveling on an E-3 or F-1 visa (again, with the F-1 riskier).

[sophia01]

Thank you Peter, this is super helpful!!

Does your firm do immigration law consultations or do you have any that you would recommend to ask some more questions?

[proberts]

I'd be happy to answer some questions gratis and then refer you to another immigration lawyer for paid assistance.

[sophia01]

Thank you!

I am wondering how narrow the focus has to be for an EB-1A. I have been involved in a wide variety of projects, some receiving a good amount of media publicity (100+ mentions across various media), others adding up to a good number of citations (100+ total citations), and I'm also involved in a startup venture that while not yet a breakaway success, is growing quickly (60k+ users, growing 50% yoy). I'm unsure if these can be molded into an appropriate form given they don't necessarily make a coherent story.

I'm also wondering what the bar is for "command a high salary or other significantly high remuneration in relation to others in the field". Is a solid salary within the usual bands at a big tech enough? Or does it have to somehow be significantly higher in relation to others in a similar job position at the company?

[proberts]

All interesting and good questions requiring a consultation. Schedule a call with me and I can give you an initial assessment and then refer you to a good immigration lawyer.