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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

#241
Hi Peter, thanks for your time.

I'm European and I live in London and run a small advertising business (business is just me). I have a PhD in STEM. I can code.

Given this, what would you advise is the best route if I want to work and live in the USA? Would getting a job at an American company be enough?

Thank you

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

#242

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?…

I wonder how many people are roughly in your situation and researching the same options.

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

#243

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

I was told in the last edition that I'd have a high chance to qualify since my extraordinary ability was winning a NASA competition. I see it as independent from the studies level, but I see both of them as important points. So I'll include this competition (and others), my degree in Spain+Japan and the community I founded at my University ( http://makersupv.com/ ).

What was NASA competition you won? NASA SpaceApps Challenge? I have been awarded second place 2 years in a rown on my country.

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

#244

Earlier quoted context omitted.

Very helpful! Most of the companies would ask something along the lines of are you allowed to work in America. For this question, am I allowed to say, "yes I am". Given, I do not have a TN visa yet?

Yes for the question "Are you authorized to work in the US" you can answer yes. For the question "Do you require sponsorship" you can answer NO. This is ok as long as your are TN visa eligible.

That answers all the questions I can think about at the moment. Thank you very much for the help, it was informative and very helpful!

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

#245

Hi Peter, I live in Central America, I have been working as a remote worker for US-based companies for around 5 years now, the past 1.5 years working for a company on Seattle, I haven't signed any formal work-contract but my current employer is willing to help me to obtain a VISA to inmigrate to the US (I only have a tourist VISA right now). I'm also in the way to co-found a company with my employer as partner, I wil…

That arrangement sounds highly irregular. I hope that you will consult with a lawyer before entering into any agreement with your employer.

At the very least it seems like they should have recorded your employment for tax purposes. Even if you aren't obliged to pay any taxes to the US government, there must be some bare minimum for accounting purposes and internal audit controls.

Of course, I am neither a lawyer nor experienced in administrating the employment of foreign nationals

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

#246

Earlier quoted context omitted.

The easiest way to get a work visa to the US is to first get a job offer from a US tech company. Then all you need to do is get a TN visa from the border and you can work and live in the US. A TN visa has to be renewed every 3 years and does not get you American citizenship nor can you apply for it. To that you must get your employer (once you start working for them on your TN visa) to sponsor you for an H1-B visa. T…

Some of these are wrong. - You can go from TN to EB3; it just gets hairy for the period of time that your AOS is being evaluated. I was going through the process when my H1-B got approved and switched to that. There's a 60 day wait period after you last enter on TN, and you cannot leave the country when the AOS gets filed until you get your EAD and AP or GC, whichever comes first. - Green card will not take 8 years u…

>Green card will not take 8 years unless you were born in India, China, or the Philippines

What if you have a Canadian citizenship? Is it still 8 years?

>There's a 60 day wait period after you last enter on TN, and you cannot leave the country when the AOS

So, when I first get my TN visa, I cannot leave the country without any of those papers? How long does my first TN visa last and if that expires I have to wait for 60 days before I get a new one?

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

#247
post #53

I have a TN and I would like to learn more about the legality of passive income forms like advertising, affiliates, etc. Where or who is the right place to get info on this? Thanks!

Yes I am curious to know more about this too. In my case, I have a Canadian incorporation that generates passive income from websites.

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

#248

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?…

I wonder how many people are roughly in your situation and researching the same options.

My wife and I are for one, there is so much discontent within our generation over what has happened...

We are seriously considering between the US, Canada, Ireland (she's Irish by birth) and Scotland (in anticipation of it leaving the UK and joining the EU).

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

#249
Hi Peter, really appreciate your initiative. Is there any kind of conflict if I apply to O1 and L1 at same time, assuming I have all the requisites for both. In your opinion the option for Premium Processing Service decrease the chances to be approved? Best regards, RN
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