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I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

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Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#41

How would you rate a senior engineer's odds at qualifying for an O-1 visa? Can they get by on career/work history alone or does it require a level of public notoriety?

This is tough to answer because it's not so much tied to your title or even level within a company but your accomplishments.

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#42
Questions regarding international companies being able to sponsor H1B visas in America.

1/ How long does the process take for a company to be eligible to sponsor H1b visas. 2/ How much does it cost ? 3/ Does the company need any minimum funding ? 4/ Does the company need to hire a certain number of American citizens/Green card holders before it can hire H1B visa holders ?

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#43
Hi Peter, thanks SO much for doing this

- Is it ok to form a side company while on H1B?

- Is it ok for me to develop free or paid apps through my own side company (just me doing everything, without hiring anyone else)? If not, what do I need to do to not violate my status?

- What are the minimum criteria for an O visa and is that a viable solution if the side company is going really well?

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#45
post #35

What are the odds of getting an O1 visa in a very small niche. I'm legitimately one of the top experts in the field of LSAT preparation. I've published several books, run a popular website, moderate a major forum, and have written guest articles for most major sites about the LSAT. However, it's a small field, and not one that attracts much press coverage. How does this balance out? I run my own business. All online,…

I'm not proberts, or an attorney, but, as an O-1 recipient: The requirement is being at the "top of one's field" and proved through publications etc. I'd say you have a better shot as a big fish in a small pond (expert of small niche) than you would as a small fish in a big pond.

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#48

If someone is on a visa tied to a specific job at a specific company, what is the legality of working on personal side projects (that may turn a profit)?

This is an incredibly complicated and important question and will very much depend on the facts - that is, the stage and nature of the project - because of course it's fine to think creative ideas and even execute them but the line can be crossed when this evolves into a business or a commercial enterprise. That line can be fuzzy, however.

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#49

Hello, USCIS recently approved my EB1 visa I-140 petition. Since I'm abroad my process will go thru the NVC and then consular processing. What kind of questions should I be prepared for at the consular interview? And about how much time should I have to wait for my green card? Thanks!!

Congratulations, that's a tough one to get!

Re: I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA

#50
Critics have charged that H visa guest worker programs are subsidies to the already rich holders of enough capital to influence inside the beltway politics. They say that the program is designed to keep wages down and facilitates outsourcing. Are the current laws also a subsidy to the legal industry who get to charge for an overly complicated process?
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