Why does this FAQ exist?
There are certain questions related to US immigration for tech workers that are frequently asked, either directly to Brian, or through a forum such as Quora or Blind, as well as certain misconceptions that resurface periodically. Brian created this FAQ in order to answer those questions and correct those misconceptions the best he can, as well as to invite contributions from other people. This FAQ does not consist of legal advice, and in order to get a work visa or employment-based green card, you'll almost always need the assistance of a qualified immigration lawyer. However, we hope that the FAQ will give you a sense of what's possible and what can be expected should you make the decision to proceed down various paths, such as studying a master's degree in computer science in the United States.
Can't the answers to these questions already be found online?
In some cases, yes. Brian's personal experience is that when qualified immigration lawyers give answers online, they tend to hedge their words in order to protect their reputations, whereas answers given by people other than immigration lawyers often consist of guesswork and anecdotes, and regardless of who's answering, the answers can easily become outdated.
Why should I believe the answers on this FAQ then?
Brian believes that you should believe his answers about US immigration for the same reason why you believe his answers on other topics---not because he is some sort of "expert", but because they make sense in the context of what you already know about the topic.
That being said, whenever possible, we will provide citations to the relevant statutes, regulations, and current practices, including the Immigration and Nationality Act, title 8 of the Code of Federal Regulations, the State Department's Foreign Affairs Manual, and the CBP Field Manual, as well as to other sources written by more qualified individuals that you may or may not consider authoritative.
Which section of the FAQ should I read?
- general.md for general questions about the US immigration system
- green-card.md for questions about green cards and LPR status
- EB.md for questions specific to employment-based immigration
- H-1B.md for questions about H-1B visas/status
- H-1B1.md for questions about H-1B1 visas/status, which shares some similarities with H-1B status but also some significant differences
- L-1.md for questions about L-1A and L-1B visas/status
- TN.md for questions about TN visas/status
- visas.md for questions about visas in general (stamped into your passport by the State Department)
- EAD.md for questions about Employment Authorization Documents (EADs)