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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

#311

Post by pm90 »

maerF0x0 wrote: post #258
proberts wrote: post #38

Earlier quoted context omitted.

It's generally helpful to be currently employed by the sponsoring company but the amount of time with that company has little bearing on the success.

Also A general followup. What is the recommended path to GC for a current holder of an H1B? Full 6 years first, or try and find I-140 immediately? another path?

Definitely start it right away. In fact, my recruiter friends mentioned that some companies are unwilling to hire H1B workers who have no GC sponsorship started and less than 2 years left in total.

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

#312

Post by buremba »

Hey Peter, I'm a 25 year old founder who started a company right after the college. I started the company via Stripe Atlas in Delaware and recently moved from Turkey to San Francisco. Now we're in Batch21 of 500Startups and plan to stay here for the next year. I have B1 visa right now and looking for ways to extend it in order to be able to stay here.

1. 500Startups invests $150K similar to YC and since I only have a single company incorporated in USA the investor visa doesn't seem applicable to me.

2. Getting an O1 visa is also may not be easy because I just got my undergraduate degree from the university and my only success story is the company that I have right now.

3. A few attorney suggested me to apply for an MBA program but it's expensive in San Francisco and I don't have enough time for that.

So what are my options right now? I was waiting for the startup visa that will go into effect on July 17 but it looks like Trump might kill it. I feed desperate right now since I really believe that I should stay here because our potential customer base is in SF and our growth rate can be much higher if we can live here.

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

#313

Post by on_and_off »

proberts wrote: post #228
on_and_off wrote: post #127

Earlier quoted context omitted.

Thanks for the reply ! Yeah that's what I mean. I guess I just need to wait a little bit more ^^

I think so but I'd follow up with the company if you haven't heard by the end of July.

Thanks, will do !

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

#314

Post by alvarosevilla95 »

Jhsto wrote: post #280
alvarosevilla95 wrote: post #276

Hi, I'm a software developer with 9 months experience in a big company with a b.s. In computer science from a top European school. It seems impossible to get into the US at the moment, and my few attempts have failed. What should my expectations be in terms of getting a good company to accept to sponsor a visa in the current circumstances? Thank you very much for your AMA.

Have you tried J1?

I am not familiar with this visa, but if I understand correctly it's aimed at students who require US entrance to complete their education, is intended for 'short' periods and you must return to your home country for two years before being able to apply for an inmigration visa.

This raises two issues: as a graduate, it would be hard to justify this visa unless I went to the US for a graduate degree, and it would not allow me to start long term career.

I would love to hear your thoughts about this, and thank you for your reply!

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

#316

Post by proberts »

user-on1 wrote: post #239
proberts wrote: post #220

Earlier quoted context omitted.

I don't see any issue as long as there's no compensation for this, no quid pro quo.

Ok thank you, that is a good news. If i support a non profit in raising 1 Million Dollars can i add that in my resume saying "Supported a Non Profit Organization In Fund Raising Nearly 1 Million Dollars"? or will this raise some flags?

I also think that that's fine.

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

#317

Post by proberts »

0rgh0 wrote: post #232
proberts wrote: post #211

Earlier quoted context omitted.

It's not a non-starter but the absence of direct reports would need to be overcome by a strong showing of indirect reports and a high degree of independent discretionary decision-making with respect to the function that you manage.

Thanks, that helps. For evidence of "high degree of independent discretionary decision-making", are certified notes from the company's senior executives and HR considered admissible? It sounds like this would be something that can warrant very strong justification.

Yes, statements from management regarding responsibilities as well as copies of performance evaluations if available and helpful would support this.

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

#318

Post by proberts »

marlonmisra wrote: post #218
proberts wrote: post #183

Earlier quoted context omitted.

E-2 or O-1.

What's the success rate of founders getting E-2's if they get funding from YC?

The success rate of E-2s in general is high but remember that the investment, to qualify as investment in the E-2 context, must be from citizens of the same country as the applicant so YC money and the money from any US investor is not directly relevant in the E-2 context.

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

#319

Post by proberts »

y248zhao wrote: post #248
proberts wrote: post #181

Earlier quoted context omitted.

As a general rule, CBP and USCIS will not approve TNs for founders or owners of the sponsoring employer so your options would be an E-2 (based on an investment) or O-1.

Hi Peter, A follow up question for the E-2 Visa option. Am i correct in saying, as long as 50% of U.S business is Canadian owned, myself as well as other Canadian citizens can qualify as E-2 essential employees.

And if there is a substantial investment by Canadian citizens or Canadian-owned companies in the US company.

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

#320

Post by proberts »

y248zhao wrote: post #252
designium wrote: post #245

Earlier quoted context omitted.

I read that you can have L1 visa for new office in the US if you already have an existing corporation outside the US.

I believe you are correct. The downside of L1 from what i read is that you have to maintain an office outside of United States. This is a bit difficult for startups with just the co-founders. Correct me if i am wrong.

That's correct. During the life of the L-1, the company needs to maintain an office and active operations outside the US.
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