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

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

#71

Post by hughes »

CephalopodMD wrote: post #24
jamisteven wrote: post #11

Hey Robert - My Question: What do you think would happen to tech in America if H1b's were done away with and all foreign workers had to leave?

Related question, would Donald Trump actually be able to do away with the H1B as he suggested he would a couple of months ago?

He did not suggest doing away with the H1B program. He did say he wants to end abuse of the H1B program.

H1B abuse typically involves posting an absurdly specific or unappealing set of requirements in a job ad tailored to the person you're trying to get a visa for. If any qualified US person actually does apply, they are rejected for whatever spurious reason. The employer can then claim "no suitable candidate can be found" and get a visa for their immigrant.

I'm not sure how this can be prevented.

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

#72

Post by vchauras1 »

Hi Peter,

I have two simple questions:

I am on H1-b and I have my I-140 approved (eb-2).

- I want to switch my job and before taking up a new job in USA I want a break. Is it possible to take break of 2,3 months w/o being un-employed? If not, is there a way to achieve this?

- Once I move to a new firm, what process I can follow so that my GC application continue in normal pace?

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

#73

Post by dragonwriter »

CephalopodMD wrote: post #24
jamisteven wrote: post #11

Hey Robert - My Question: What do you think would happen to tech in America if H1b's were done away with and all foreign workers had to leave?

Related question, would Donald Trump actually be able to do away with the H1B as he suggested he would a couple of months ago?

> Related question, would Donald Trump actually be able to do away with the H1B as he suggested he would a couple of months ago?

The President can't do much, including defining or eliminating visa categories; most of what Presidential candidates campaign on are legislative priorities which would need to be passed by Congress.

Congress absolutely could eliminate the H-1B.

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

#74

Post by proberts »

ecesena wrote: post #60

Thanks for this AMA! I wonder what is the best structure for a US based company to have employees living in an EU country, such as Germany or Italy? I mean, I assume they don't necessarily need a visa, and they can come to the US for limited time periods under the ESTA. What is the best way to give them a salary and/or other common benefits? (health insurance shouldn't be needed, but 401.k or equivalent in their coun…

That's more of a payroll/tax question but from an immigration perspective there's no issue - no immigration requirement - with putting people on the payroll of a US company if they are living/working outside. They can be employees without US work authorization. The challenge is when they need to come to the US because once they step on US soil, US immigration law applies so it's problematic for them to enter as a visitor under ESTA.

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

#76

Post by proberts »

knxclkases wrote: post #61

Hi Peter, Thank you for taking the time to do this AMA. The company that I currently work for has offered to start processing my GC, but only under an EB3. I have a masters degree in computer science from an American University, (and I have about 4 years of work experience) so I am technically eligible for an EB2 (and since I am from India, EB2 vs EB3 makes a big difference). My question is, if I go ahead with the pr…

I should have put this in my opening comment but one way to deal with this is to "upgrade" the green card application - at the I-140 stage - after the PERM application is approved through the "exceptional ability" route. This is a reachable standard for many professionals and can transform an EB3 filing into an EB2 filing.

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

#77

Post by brexit »

kalemayank wrote: post #22

I'm going to graduate with a B.S next year and already have a startup. We're raising a significant round late this year and i have a cofounder who is US citizen. Is it possible for me to have a majority stake in this company, work on it under OPT and file for an H1B or does someone need to have the ability to fire me?

Also wondering, thanks!

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

#78

Post by proberts »

vchauras1 wrote: post #72

Hi Peter, I have two simple questions: I am on H1-b and I have my I-140 approved (eb-2). - I want to switch my job and before taking up a new job in USA I want a break. Is it possible to take break of 2,3 months w/o being un-employed? If not, is there a way to achieve this? - Once I move to a new firm, what process I can follow so that my GC application continue in normal pace?

This would be better discussed privately because it is asking for legal advice on a complex and nuanced matter without my having all the facts.

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

#79

Post by ones_and_zeros »

auggierose wrote: post #7

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

The bar for 01 (called Evidentiary Criteria) is much much lower.

I know of several people who went the O1 route and basically the process was this:

- A job offer with a "high" salary (basically it seemed anything over 100k would do the trick)

- Judged a hackathon

- "News" coverage of the hackathon

Then a big check to the immigration attorney who wrap it up in a bunch of legalese and send it off to the immigration officials who don't have enough knowledge or insight to question any of it.

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

#80

Post by LoSboccacc »

proberts wrote: post #74
ecesena wrote: post #60

Thanks for this AMA! I wonder what is the best structure for a US based company to have employees living in an EU country, such as Germany or Italy? I mean, I assume they don't necessarily need a visa, and they can come to the US for limited time periods under the ESTA. What is the best way to give them a salary and/or other common benefits? (health insurance shouldn't be needed, but 401.k or equivalent in their coun…

That's more of a payroll/tax question but from an immigration perspective there's no issue - no immigration requirement - with putting people on the payroll of a US company if they are living/working outside. They can be employees without US work authorization. The challenge is when they need to come to the US because once they step on US soil, US immigration law applies so it's problematic for them to enter as a vis…

why is it a challenge?
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