Live data from Hacker News

I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

news.ycombinator.com

41–50 of 384 posts

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#41

Hey Peter, thanks for this. Have you heard about SimpleCitizen? ( https://simplecitizen.com/ ) My wife and I were recently married and are currently considering this for getting her green card. Any thoughts?

I'm sorry but I haven't heard about this.

No worries; thanks for the reply.

Have you had experience with DACA + 245(i)? We're hoping that doesn't complicate things much.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#42
I'm a UK citizen that has been looking at EB-1A all week (because of Brexit), I'm now sure I do not want to continue living here if we in fact do withdraw from the EU. My questions:

- How many of the 10 criteria must you actually satisfy? Is it a binary decision, i.e. proving 3/10 is the same as is the same as satisfying all 10. Is a positive decision 100% guaranteed is at least 3 criteria are proved satisfactorily?

- What is the standard of proof?

- When would my obligation to complete a IRS tax return begin, i.e. is it when the consulate adds an MRIV I-551 to my passport, when I arrive in the US an immigrant and CBP endorses it, or another time. This might impact when I would apply.

- How long would the EB-1A process take, how long does it take for a permanent resident to sponsor a spouse, can these applications happen concurrently, and are both categories current?

- What are the indicative costs?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#43

Hi, Peter! as a Mexican, could I get an E2 visa investing $50k of my own money into my startup? Or what's the lowest investment needed for an E2 visa? In order to reach that threshold, could my investment be complemented with VC or angel's money? Thanks!

The investment requirement is "substantial" relative to the enterprise so there's no legal minimum but in my experience most consulates won't entertain E-2 visa applications where the investment isn't above $50,000. And understand that the investment has two components, the money transferred/invested into the U.S. company and the money spent by the U.S. company and a substantial amount needs to be spent and the percentage is higher the lower the investment. So, where the investment is as little as $50,000, most consulates will want to see nearly all of this spent. But to be clear, $50,000 is really low. And yes, the money can come from others as long as here the money is coming from Mexican citizens or Mexican-owned companies.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#44
post #8

How much does the whole process cost? As an international founder, that's my only major concern.

That is of course a major factor. The costs all in, including legal fees and filing fees, vary considerably from attorney to attorney but the average, as far as I can tell, for an I-140 extraordinary ability petition is between $5,000 and $15,000. This is the same range for an I-140 national interest waiver petition.

> That is of course a major factor. The costs all in, including legal fees and filing fees, vary considerably from attorney to attorney but the average, as far as I can tell, for an I-140 extraordinary ability petition is between $5,000 and $15,000. This is the same range for an I-140 national interest waiver petition.

Where does that money go? Fees associated with the application or general attorney fees?

Is it possible to complete this process without an attorney? $5-15K is peanuts for a larger organization but it's a decent chunk of coin for a small business.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#46
Hi Peter,

I've received my green card through my sponsor company 2 months ago. (It's a highly reputable fortune 100 company and I am building their core web product)

And I have a project that's getting traction and really want to leave the company and commit full time to it.

But everything on the web says I need to wait at least 6 months before leaving the company after I receive green card, otherwise they can kick me out for fraud when I apply for citizenship later. But some people also say this is just a myth.

So the question: Is this true and I am stuck with this company for next 4 months even though I really want to go full time on my project? Any ways to get around this? Thanks!

p.s. I know this is not a type of question that you may be interested in answering since it's a minority case, but I would really appreciate at least a one line comment on what you think (or even saying it's not something you can answer). It looks like it's not just me, at least 6 people are interested so far, we will all be grateful to hear from you!

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#48

So what does extraordinary ability mean? Are we talking PhD level ability here, or Turning award level ability, or somewhere in between?

Something lower and different really. For those who have not won major awards, it's really a mix of media coverage, publications, awards, good work, etc. To put it in perspective, we've obtained green cards for those without degrees and under the age of 25 but who've created really cool companies. It's very fact-specific and in the end it's a feeling that someone is very bright and doing interesting work.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#50
Thanks for this AMA!

Who is behind the "Washington Alliance of Technology Workers" and why do they keep bringing lawsuits against STEM OPT for F-1 visas?

Is there any moves on increasing the H1-B quota or modifying the H1-B altogether?

Post reply on HN