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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

#101

Post by no1youknowz »

Hi Peter,

I'm based in the UK and in talks with (UK Based) investors for a significant amount of seed money to start a company.

I want to setup a US based company as all of the business will be with the US and I want a local office.

What sort of "investment" for the US based company do I need to make, so that I can secure a visa and what type of E visa should I be trying to get.

I know higher the better is probably preferable. But where is the sweet spot? $100k, $250k, $500k?

I do not have a PHd, nor a Masters or even Degree. However I have 25 years of IT experience and I am the technical / founder of my company.

Thanks

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

#102

Post by proberts »

ry_ry wrote: post #94

I'm an English programmer working in the UK for a site owned by, via another company, a very large privately owned US company. I have a child and a partner I am not married to. I have no criminal record. I'm unsettled by the brexit, and am considering a US move - if my company's parent wants to take me on how difficult is the immigration process likely to be?

The required corporate relationship between the US and UK companies needs to exist but assuming that it does, then an L-1 transferee visa might be an option - although USCIS (if the US company isn't a "blanket" approved company) can be really tough on L-1s so the outcome isn't necessarily guaranteed.

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

#103

Post by dhiren34 »

proberts wrote: post #48
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?

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.

I have a startup abroad, and have appeared in media all over the country. We've raised several rounds, and may be building an investment fund. What else can I do to increase my chances of getting an O-1 having a business background.

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

#105

Post by proberts »

no1youknowz wrote: post #101

Hi Peter, I'm based in the UK and in talks with (UK Based) investors for a significant amount of seed money to start a company. I want to setup a US based company as all of the business will be with the US and I want a local office. What sort of "investment" for the US based company do I need to make, so that I can secure a visa and what type of E visa should I be trying to get. I know higher the better is probably p…

There's no minimum and yes, the more, the better, but typically $100,000 is enough to support an E-2. But bear in mind, as I noted earlier, that a good chunk of the $100,000 invested must have been spent before the E-2 application can be submitted. Side note: most US Consulates and Embassies, including the Embassy in London, are really good on E-2s, reasonable, rational, and facilitative.

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

#107

Post by zanethomas »

Also, from my friend again:

I know O1 visa is very specific for example O1 for producing or or O1 for acting. If your O1 is for producing you cannot do acting under that visa. Currently I have only enough experience only for producing. But Ideally I want to get O1 for producing and acting. My question is if you have O1 for producing, while you are at O1 you want to apply O1 for producing and acting, if I get denied is my O 1 for producing still good or it get waive? Or can I just petition to add acting in my current O1? If I petition to add acting and get denied does my O1 as a whole gets cancelled?

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

#108

Post by dbancajas »

Peter, Can you evaluate my specific case? I am going to send my resume and also my google scholar citation page.

info:

- I have about 46 citations.

- Graduated last June 2015 PhD EE from a small US school.

- 5+ conference papers in top conferences in my field.

- 1 best paper award in a 250-paper conference.

- 1 best paper nomination in 200+-paper conference.

- 11+ conference/journal papers in Total.

- 3 approved US patents

Go or No-go on EB1-A?

I emailed this law firm for EB1: http://www.curranberger.com/ and they said I won't qualify.

What's your opinion?

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

#109

Post by psuter »

LukaAl wrote: post #63

How does O1 and EB1 visa relate? Being on an O1 Visa make the EB1 visa process any easier? E.g: the qualification for the outstanding need to be reassessed (basically redo everything) or they just accept their previous decision? Thanks

I went from O1 to EB1 and had to resubmit all evidence (and then some). There is definitely an opportunity for reuse, so assuming you didn't throw it all away, it should be easier to assemble your case than if you were starting anew. (I'm not a lawyer. Sample size N=1.)

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

#110

Post by proberts »

copperx wrote: post #84
ones_and_zeros wrote: post #79

Earlier quoted context omitted.

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 off…

This is awesome info.

Definitely, yes, that can happen but there's little consistency and weak applications also are often denied (but people tend to talk more about their successes than their failures so there's often little "press" about these failures).
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