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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

#61

Post by proberts »

dheelus wrote: post #50

Peter, what advice do you have for Indian nationals on EB2/EB3 GC status given the incredibly long wait times for the priority date to become current? Is there a good (and legal) way to upgrade to EB1 or similar category (that has shorter wait periods)? For example, does it make sense to leave the US, work as a manager overseas and return to the US on a L1-A thereby qualifying for a EB1. Or perhaps work towards publi…

That's very hard to answer in the abstract but those are the two options that many Indian and Chinese nationals look at - and oftentimes, the EB1A is a real option for bright and talented individuals. Again, the EB1A standard, while high, isn't as high as most people think.

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

#62

Post by [deleted] »

deviarte wrote: post #21

Hi Roberts, thank you so much for taking the time for an AMA. Dutch Citizen, exploring possibilities of moving to the US. Employed as executive at a US based company. My research shows me that L1-A might be the most viable option for me, are they still very hard to get? Most other options takes years to get a green card (except EB-*)

[deleted]

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

#63

Post by proberts »

wxc123 wrote: post #60

Hi Peter! I am an software engineer in a French startup that will be participating in an accelerator in the US for a couple of months. I am from an african country so I need a visa to travel to the US. Also, I am en employee, not a co-founder, and I don't have any shares or stock in the company. Also, I will continue being employed and paid by the French company. What visa should I apply for ? I did a lot of research…

The B-1 is probably the best option but you are right, you are not allowed to engage in productive work while in the U.S. in B-1 status. I would recommend that you consult with the incubator's immigration attorney because these can be tough/problematic visa applications.

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

#64

Post by proberts »

Bashmaistora wrote: post #59

I have some questions regarding the E-2 Visa. An early stage startup could run extremely lean in the early days so how do you estimate a substantial investment amount? What are some common pitfalls in the application process?

There's no legal minimum but most Consulates want to see at least $50-75k invested (but the more, the better). And investment here - this is the main pitfall for startups/small companies applying for E-2s - means actually spending the money in the U.S., not simply depositing money into the U.S. company's bank account.

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

#65

Post by Vepe »

proberts wrote: post #55
Vepe wrote: post #42

I'm a photography artist and have recently become also a tech start-up entrepreneur. We're now looking into moving into the US within the next year or so and I'm looking into the visa options. What would be the visa to apply as an start-up entrepeneur? I have also considered applying for the O-1 visa as an artist. Can I work as an artist if I have received my visa on the basis of the start-up and vice versa can I wor…

You might have multiple options such as an E-2 and an O-1 or even EB1A green card. Regarding your job flexibility, this will depend on the facts, how your job duties are defined, because you are broadly limited to doing what is represented in the O-1 petition.

Hi Peter and thank you very much! How strictly is the job duty limitation enforced and does it allow occasional exceptions that would be outside the job duty definition? Is having a wide job duty definition a hindrance for getting a visa?

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

#66

Post by proberts »

arikr wrote: post #56

I feel unwelcome and uncomfortable when I enter the US on a Visa. The things I've seen border agents say make me feel like many border agents would love to find an excuse to deny anyone entry. Is there any solution to this, or do I just need to accept that it's a part of it?

My feeling is that while one needs to be respectful, one also needs to stand one's ground if one is admissible and ask to see a supervisor if the questioning/behavior isn't appropriate. It's also important to be well-prepared with appropriate supporting documents. If the questioning/behavior is somehow related to past issues/admission, then filing a "complaint" with DHS TRIP sometimes helps.

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

#68

Post by proberts »

vs2370 wrote: post #49

Thanks Peter for doing this. I have a question regarding the EB1A category. I recently received my I140 under EB2 category. I was wondering if I can apply for another I140 under EB1A category. My question is if I get rejected under EB1A do I keep my existing priority date (EB2) ? Also what are the chances of getting approval on EB2 to EB1? Thanks

Yes, you can file another (EB1A) I-140 petition and it's denial would have no bearing on your already-approved EB2 I-140 petition and priority date. Regarding your chances of success, it's impossible to say without knowing your background.

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

#69

Post by wxc123 »

proberts wrote: post #63
wxc123 wrote: post #60

Hi Peter! I am an software engineer in a French startup that will be participating in an accelerator in the US for a couple of months. I am from an african country so I need a visa to travel to the US. Also, I am en employee, not a co-founder, and I don't have any shares or stock in the company. Also, I will continue being employed and paid by the French company. What visa should I apply for ? I did a lot of research…

The B-1 is probably the best option but you are right, you are not allowed to engage in productive work while in the U.S. in B-1 status. I would recommend that you consult with the incubator's immigration attorney because these can be tough/problematic visa applications.

Thanks for your helpful answer.

Does that mean that I should not be doing any programming during my stay in the US ? I am the only software developer working on the product, so that may be a little inconvenient for us.

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