The options are limited: an H-1B for employment (which involves an annual lottery), an F-1 for schooling, or a J-1 for internship/training (which requires a "host" company/employer).

Just to be clear, the H-1B is a nonimmigrant visa and the EB-3 is a green card category so they're no comparable. The costs will depend on the legal fees (which run anywhere from $2,500 to $5,000 with most lawyers charging something in between), the size of the company, and whether premium processing is used. For an H-1B, expect total costs of anywhere from about $5,000 to $10,000.

Thank you again for all the interesting questions and comments. I will be logging off now but checking in again tomorrow for any unanswered questions. Have a great weekend.

There's no permanent bar but the standard would be high to show with a subsequent TN application that the applicant possessed good faith intent to return to Canada/Mexico. We've argued that successfully.

Thank you.

The subsequent guidance on this question was in conflict and unclear. On the one hand, the guidance indicated that if the beneficiary had a valid visa stamp, then the petitioner wouldn't be subject to the payment but on the other hand, it indicated that if the petitioner selected consular notification, then the petitioner would be subject to the payment. So I think it could go either way.

I'm not sure I understand what you are asking.

That could be viewed as fraud at the time of entry under both scenarios. I recommend that you speak with an immigration to come up with a workable plan. Note that if your spouse applies for his or her green card visa (known as an immigrant visa) at a U.S. Consulate, he or she can visit you on a tourist visa for extended periods of time while waiting for the interview at the U.S. Consulate.

Thanks for the info. Tricky situation because we have a kid who has dual citizenship, and we are not in the US, but want to move back.

Your best bet is to plan a year or so ahead and get sponsorship in the queue so the spouse can enter with a green card. Timelines are about 8-14 months.

But as PRoberts said, a non-citizen spouse can't enter on a tourist visa with the intention to change status. A spouse can visit, but then change their mind while in the US.

But CBP is well aware of people trying to shortcut the process this way, so it can be very challenging convincing CBP your non-citizen spouse intends to leave. But it can be done showing a job, property or other elements that would require someone to go back.

There are ways for someone in H-1B status to start a company and not in a roundabout way. The approach will depend in part on whether she will leave her current employer and get an H-1B through her startup, stay with her current employment and get a concurrent part-time H-1B through her startup, or just stay with her current employer and somehow work on her startup.

If she is issued equity (reverse vesting restricted stock) and not paid a salary, does she still need work authorization for the startup?

> or just stay with her current employer and somehow work on her startup.

The first two options make sense but this latter option sounds like a risk. As I understand it, she can't earn any active income from this startup unless see has an I-129 for it. A share grant counts as income.

I mean, yeah you can work on a side project in your spare time that could become a business, but the moment employment and active income enters the picture that becomes something else.

That doesn't make any sense. I'd need to know all the facts to advise. Please send me an email to schedule a call (proberts@robertsimmigration.com). Which Consulate is she applying through?

Isn't 1-2 year wait time standard for spousal immigration?

This was around 2020-2022 during COVID, but the whole process from start to finish from Taiwan took a little over two years for us (we had issues with the financial supporting documents that took 3 months round trip twice to get resolved -- so potentially would have been closer to 18 months had we done everything correctly).

Extremely frustrating process to say the least (my Taiwan resident card was sorted in less than a month).

No. My spouse and I came here together and we applied for her green card in Japan. It took about 2 months.

Typically, a benefit once granted (unless improperly granted) can't be taken away.