These people present themselves at US consulates, at the border, and file things with the government in the US.Īnd some of the scammers are helped by lawyers and pseudo-lawyers or maybe to be more precise, the lawyers and pseudo-lawyers are among the scammers! So, everyone who is hoping to live and work in the US is trying to work through this system that is really overwhelmed.Īnd the problem seems to be getting worse.Īnd the scammers abound - there are people willing to say and do almost anything to get authorization to live and work in the US. The system is so incoherent in managing this dynamic. Pretty much everything can be explained by the imbalance between demand (which is high) and supply (which is low). immigration law is that there are a lot more people who want to live and work in the US, than legal options available. (Lots of people go to Canada for this it is just cold America with more expensive housing and better immigration policy.) Not an easy option for your 'average' Master's degree graduate but a lot of Ph.D. Works for some fields (particularly health care) - not so great for other fields. You might get a scholarship but you will be a poor graduate student for a long time. You would very likely have to quit your job but maybe you would do more research and position yourself for EB-1 in a couple years. You would very likely have to quit your job but you can stay in the US and try again the next year in the H-1B cap lottery maybe. New I-20 for 2nd Master's degree without "Day 1 CPT" - this lets you stay in the US but you won't be able to work. New I-20 for 2nd Master's degree, perhaps at a "Day 1 CPT" school which would allow you to keep working full-time and maybe get another bite at the H-1B cap lottery apple. Here are some possible options now, as of mid-November 2023. I mean, PERM still works but it is not necessarily going to get you into the I-485 process before your STEM OPT expires. ![]() students from "Rest of World" would file their EB-2 NIW cases before graduating as it is ideal to have 3+ years given the snail pace movement of the Visa Bulletin cut-off dates).ĭOL's abysmal processing times combined with Visa Bulletin backlogs have blown up PERM as a good option. This was a reasonable thought and continues to be a reasonable thought for people very early in their OPT/STEM OPT period. ![]() USCIS has proposed some changes to the H-1B cap lottery that might hopefully increase your odds but it is best to assume you have long odds on actually getting chosen in the H-1B cap lottery.Ī lot of people (particularly those not born in India and China) had reasonably thought in 20 that having the employer sponsor you for PERM or trying for EB-2 NIW might be a way to overcome the H-1B cap and get into the I-485 process before OPT and STEM OPT expire. If you are a F-1 student using OPT or STEM OPT to work in the US and you are working in the private sector so you are hoping your employer will get lucky in the H-1B cap lottery, then you should be naturally thinking about what will happen if your employer is NOT lucky in the H-1B cap lottery and your OPT and STEM OPT runs out. It is one of the reasons I like working with immigrants. It is one of the great things about countries like the US that traditionally have immigrants as part of its DNA. I suspect that pretty much every immigrant could have stayed in his or her home country and just made the best of the situation and there is nothing wrong with that - but whether an immigrant starts a business or not, the entrepreneurial spirit lives within all immigrants. I recently started my own law practice and have been giving some thought to the anxieties and uncertainties associated with such an endeavor. I am sure this is true but not as often discussed is the fact that ALL immigrants are 'entrepreneurial' - because the actual act of immigrating is someone basically betting on himself (or herself) and taking a risk that through his (or her) efforts he can make a better life for himself (or herself), and family, by re-locating to another place. Periodically you will see a news article or report of some kind on how immigrants are more likely to start businesses versus native-born Americans.
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