Hi Peter, Thanks for taking the time out to answer questions! I am from India and am in US on H1B with gc process underway in EB2 category. I (along with a fellow friend) have been thinking of doing something on our own but are always discouraged by the immigration process. If we were to start something on our own, what are our options? H1b where you have a majority stake seems to not be an option. Is there an altern…
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
181–190 of 384 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#182I am an international founder just starting on OPT after getting a PhD and hoping to get an EB-2 NIW. I have a couple questions:
1. Does starting a (small-at-the-beginning) bona fide technology startup is grounds for NIW? How difficult is the process in general (for a PhD in CS from a US school) and how many paper/citations on average do you see in successful cases?
2. If I succeed in my NIW case, can I later employ my brother (from the same nationality under E-2) and bring him on board as a cofounder later? Does it require substantial cash on his behalf?
Thanks!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#183I'm a Mexican citizen living in the US working as a Computer Systems Analyst. Been here for 1 and a half year and my wife and daughter joined me a year ago. I just recently moved jobs and the UCSIS approved me a work permit and I-94 until 2019. I came here as a TN visa, and I am worried if asking for a green card would get me and my family in trouble.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#184Earlier quoted context omitted.
> but keep in mind that the H-1B is for skilled labor that an employer couldn't find a citizen for at a price they were willing to pay Trust me, there are a lot of abuses of the H1B program from "main stream" tech companies.
Let's assume I don't trust what you're saying at face value. What are some examples or sources? The Disney debacle cost Infosys $69 million, and they're included in that 3-4% number I quoted if that's what you're thinking of.
- http://cis.org/PayScale-H1BWages
- The fallacy of a labor shortage is apparent when you look at it in terms of any other market. I don't say there is a Porsche shortage if I can't afford one.
- 80% of H1-Bs come in at the lower 2 of 4 pay levels. In fact, there is so much variability in the salaries that you essentially have a very good case for hiring a software developer in SF for 60k or 140k and it's up to the employer to choose with little accountability. In fact, employers can provide their own wage survey data to support the wage on the application.
- H-1B is for the best and brightest, so why are they typically low man on the totem pole making an "average" wage working on low impact projects?
- The quality of foreign students, the bulk of H1B visa holders, has been studied and called in to question, http://www.epi.org/publication/bp356-foreign-students-best-b...
- Entry level CS graduate wages have fallen 3.7% between 2014 and 2015
- "main stream" tech companies have recruiting processes that essentially give excusivity to foreign students. (Masters degree+ requirement, 6 month internships, OPT extension, etc)
My feeling is we have plenty of unemployed and underemployed university educated people within our borders and I wish there was more of an effort from our government and industry to utilize those folks and only reach for the H1B when we really can't find the talent domestically.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#1851.Re H3 'traineeship' visa. Is that a recommended route, in lieu of the o1a for business? Would an accelerator be able to satisfy this from your experience (i.e. 500 Startups) ?
2. Re H1B: Is it true that a more strategic month to submit it is around October? I am hearing conflicting opinions on the matter of timing.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#186As a Canadian citizen, working as a software developer for the past decade. I did not finish my degree in CS. Am I eligible to work in USA? What Visa would I need?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#187As a Canadian citizen, working as a software developer for the past decade. I did not finish my degree in CS. Am I eligible to work in USA? What Visa would I need?
You could obtain a TN visa under the sci-tech category (which does not require a degree). Before I had my degree this is how I got my first TN. It is a little less straightforward then the Computer Systems Analyst category but it can be done.
If you do get this visa though, be very careful what you say to the border guards. You need to ensure that when speaking about your work, you always frame it as "work in support of scientific research/innovation".
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#188My question is typical in the SF Bay Area, H1B founder:
I am an American Citizen. Opened up a startup C-corp. Company does not have a lot of press coverage yet. I have a friend who would like to join my startup as founder, but have doubts about immigration issues:
- H1B
- EB2
- originally from India
- graduated masters from a U.S. College
- currently software engineer for another big company. Has been for several years
- just starting the green card process
As a startup we don't have much revenue yet. He is willing to give up his salary (just as I did) to become a founder. I am worried about H1B's salary requirement preventing him from doing this.
What options do I have for bringing him on board to my startup as a founder? What would be the best way to do this?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#189Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#190Thanks again for taking the time to answer questions. I am currently on OPT and was lucky enough to receive a H1B in this year's lottery a month or so ago. It is scheduled as a change of status happening on Oct 1st. Can I leave my current company if I have another offer and transfer the H1B to that company before Oct 1st? I have heard conflicting stories. Thanks!