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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

#111

TN Visa or H1B?

I'm not sure that I understand the question.

I'll piggy back on this, as a Canadian.

What are the pros and cons of each for the employer?

What are the pros and cons of each for the Canadian employee?

In practice, how many times can a TN be renewed?

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

#112
Thanks so much! Not sure if off topic but related: I'm a canadian trying to figure out how to provide services to the US market. For people entering on TN-1A or similar, how has the trump administration changed the process? I don't have a comp-sci background. If I do pure consulting (no code) is it feasible to go in under a T1? I make > 200k/year - I think the lowest limit was doubled to 160k?

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

#115

Thanks so much! Not sure if off topic but related: I'm a canadian trying to figure out how to provide services to the US market. For people entering on TN-1A or similar, how has the trump administration changed the process? I don't have a comp-sci background. If I do pure consulting (no code) is it feasible to go in under a T1? I make > 200k/year - I think the lowest limit was doubled to 160k?

There's no question that it's tougher to get a TN now than in the past but this trend has been going on for several years. Regarding the specific TN occupation, I would need to know more about your background.

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

#116
post #88

Two questions: 1. What is generally the best options for current H1B holders to start their own company? 2. Do you foresee any imminent changes in immigration policy, given the current political climate? I know this is not strictly a legal question, but I think it's a question many people have.

as a former founder, I can tell you that much that you cannot work for the company you founded on an H1B visa. You can found the company, but not be employed by it. You will need another visa like the O1 or E2 investor visa.

For an H1B you need to be fireable, i.e. have a board of directors that can fire you as a CEO. Otherwise USCIS will argue that you started the company to get yourself an H1b visa

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

#117

hi Peter, the Greencard EB1 category for multinational execs was once faster but is now taking more than 1 year. Is there any other alternative?

Possibly the EB1A extraordinary ability GC or even a PERM-based GC.

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

#118

Hi, currently (and for the forseeable future) I'm a 29 year old CTO at a VC backed Startup with 40 employees in Germany, I've had this position now for nearly two years, before (and on paper now in parallel to) that I've been managing director of a web-development agency for 3 years. I've had several software dev positions before that while working on starting my own companies, a process which made me drop out of uni…

Also curious, for the average european developer how easy could it be to move to the US?

Also without a degree

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

#119
Hi Peter,

I'm an Australian planning to set up an Australian LLC equivalent for one of my side projects. In the near term I'm not planning to raise investment or hire employees, I just want to start working on this project full time.

I would also like to leave my options open. I believe that by establishing a company-employee relationship between myself and the company, I can make myself eligible for an L1 or B1 in lieu of H1B in the future.

Is it worth establishing this relationship, and if so what steps should I take? So far I only plan to pay myself a nominal salary.

Thank you

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

#120
Hi Peter.

It is my understanding that getting a visa is a tough process. Is trying to get a visa as a UK resident whilst having a police caution (not a conviction - but the US doesn't have this distinction) on their record a complete non-starter?

For the wider audience, are there any red flags that will prevent someone from obtaining a visa?

Josh

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