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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

#171

Thanks for you time. I'm a chilean entrepreneur developing a startup here in SF. I'm one of the founders and we have already incorporated as an LLC. 1-What's the easiest path for me to get a visa that will allow me to work and receive a salary here in the US? 2-Can I do that through the company we just established? I'm fully dedicated and focused on our company and growing as fast as we can and I need to come to a so…

You probably have several options but these will depend on the ownership of the company, the amount and source of funding if any, and your background. The options that come to mind are the H-1B1, the E-1 and E-2, and the O-1.

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

#172

I live in the United Kingdom but I've always wanted to move to America. I don't know much about the process as I find it very hard to go through the volume of information online. Do I need to apply for a visa, then find a company in the U.S. to hire me? Is there a good website for finding green card jobs? I'd be grateful for a pointer on doing this or even just an FAQ as a starting point.

In the US, generally, the company applies for your visa. So you need to get a job offer first from a company that loves you so much that they'll apply for a visa for you, and wait the typical 6 months it takes for the visa to get processed.

The best US work visa right now is the H1B. It lets you change jobs to any company (in your field), provided that company is willing to do a small amount of work to "transfer" the H1B visa.

There's another visa called the L1 visa for intra-company trasnfer, but it sucks. It locks you down to the company. You can't change jobs, and you get kicked out if you ever get let go from that company.

You've asked your question at a good time. Every year, companies apply for the H1B visa on April 1. There is a limit of 85,000 visas per year, and if the gov receives more than 85,000 H1B applications on April 1, they perform a computer randomized lottery and randomly select 85,000.

If you want to move to the US, this is the time. As a UK citizen, you can visit the US without a visa, and stay for up to 3 months. Ideally, fly in on Jan 1, and stay for the full 3 months. You could sublet an apartment for 3 months on craigslist. Then apply, apply, apply. While traveling on ESTA, do not say you're going to apply for jobs. It is a legal grey area, and the interpretation of the law varies on whether looking for H1B employment is considered "immigrant intent" (as the H1B is a temporary 6-year non-immigrant visa). What this means is that there is the possibility that you could get denied entry at the U.S. airport you arrived in under Immigration and Nationality Act Section 214(b) for having "immigrant intent", get sent back, and receive a 5-year ban.

If you are a good software developer, you should have no problem finding a company willing to apply for you. Once a company says they'll apply for you, you just need to go back to the UK and wait for the results of the lottery.

You'll know if you won the lottery by June/July. Last year, they got 233,000 application, and they chose 85,000 out of that randomly. You could say your odds of winning are 1 in 3. There might be even more applications this year.

If you don't win the lottery, there's two options:

1) Re-attempt this whole process, and try the lottery every year. You'd have to move to the US for at least a month or two, ideally in January, February or March.

2) You could get a job at a US company in the UK, and ask for a transfer to the US. If it works out, you'll be in the US on a L-1 visa. This visa doesn't allow you to change jobs, and requires you to leave the country if you ever leave the company. But if your job is with a large stable company, that shouldn't be too much to worry about. Now there's two routes you can go down from here:

2a) Ask your company (i.e. the sponsor of your L-1 transfer visa) to apply for an employment-based green card. The green card process can last anywhere from 1 year to 6 or 7 years (or more), depending on what category you were put in, and what country you were born in. You are, again, locked to your company during this period.

2b) You can looks for jobs in January-February-March period while you're in the US on the L-1 visa. The company will have to apply for an H1B visa for you. If you win the lottery, they switch you over from your old L1 to your new H1B. Once you're approved for the H1B, you can switch to other jobs fairly freely. (There's still paperwork to change jobs on the H1B, but 70% of tech companies in the US are willing to do it.)

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

#176
post #81

Do you need a visa to attend a 3 month program like YC or Techstars?

Citizens of certain countries do not require visas to come to the U.S. as tourists or business visitors for up to 90 days, and business visitor status can be an appropriate status to attend a training or non-degreed education/learning program.

We all know you de facto can't do YC without working on/for you company though. So is this legal or not as a tourists or business visitor?

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

#177
post #170

In your experience, how necessary is it for Canadians and Mexicans applying for a TN Visa, to be accepted for Software Engineer or Computer Systems Analyst jobs without a degree in computer science or engineering? For example, I have a B.Comm degree. I've heard it's a bit hit and miss and if you don't have a good lawyer working on your side getting through might be tough. I'm not sure if it's a different story for H1…

IANAL, but I can say that I obtained a TN Visa, and renewed it twice, for a Software Engineer job without a degree in Computer Science. I do have a BS and a MS in Civil and Aerospace Eng. respectively.

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

#178
post #157
post #108

Canadian, recent high school grad. What are faster ways to working and eventually living in the US than doing a degree then getting H1-B? F-1 and OPT then H1-B? O-1? Making some money in Canada then starting a company and E-2?

Isn't TN Visa also an option?

http://canada.usembassy.gov/visas/doing-business-in-america/... shows most categories require a degree.

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

#179
post #148
post #108

Canadian, recent high school grad. What are faster ways to working and eventually living in the US than doing a degree then getting H1-B? F-1 and OPT then H1-B? O-1? Making some money in Canada then starting a company and E-2?

Canadians can work on TN (treaty NAFTA) visa if your profession is on the list. http://canada.usembassy.gov/visas/doing-business-in-america/...

TN requires a degree, though.

That said, I don't think there's any good route for a Canadian high school grad to immigrate to the US. So my advice to shpx would be to spend the four years to get a degree, and then go for TN.

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

#180
post #170

In your experience, how necessary is it for Canadians and Mexicans applying for a TN Visa, to be accepted for Software Engineer or Computer Systems Analyst jobs without a degree in computer science or engineering? For example, I have a B.Comm degree. I've heard it's a bit hit and miss and if you don't have a good lawyer working on your side getting through might be tough. I'm not sure if it's a different story for H1…

Mexicans must apply for TN visas and Canadians have the option of filing TN petitions with USCIS. As a general rule both the Consulates in Mexico and USCIS are very reasonable when it comes to TN applications, so the short is yes, it definitely can work but yes (not to sound too self-serving), I would recommend using a lawyer under these circumstances.
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