Has Trump being elected affected the rate of applications from people wanting to go to the US?
Are there any other factors that affect the rate?
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
#82What do you think of the International Entrepreneur Rule? Do you think it will be a good option (if they don't scrape it?)?
If USCIS actually processes these applications, I think that it's a great rule but the Administration has made it clear that it doesn't like the rule and will try to do away with it.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#83Can someone on a H1B visa (as a software engineer) be engaged in setting up a small business that is completely unrelated to the work that they do professionally? Eg. Selling of fine art or digital prints? Preliminary research suggests that this isn't allowed but if I am allowed to take photographs in my free time, and I am allowed to sell belongings on eBay, then it seems that by transitivity, I should be allowed to…
Unfortunately, the answer to your first question is no and further you're not necessarily allowed to sell anything on eBay, particularly if it's something that you created or if the sale of things on eBay is your business.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#84Do I have to restart the green card process, if I leave my current company within 6 month after they filed I-140.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#85Can I get an E-2 visa based on revenues from my US company? I've read there is some minimum investment requirement (like at least $100k) for that visa. Can I use revenues/profits from an active US business to meet those basic requirements?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#86I'm wondering how hard the O-1b is to qualify for. How frequently do they get granted, and are there any specific numeric targets (in number of views/followers/sales) that need to be met in order to qualify? I'm looking at applying for an o-1 as an author, and am wondering how feasible this is.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#87Hi, I'm a founder from a Brazilian startup (based in São Paulo) and we've been developing our product for 2 years now and are about to launch. We have another local round next year but then (1.5 to 2 years from now) we plan to raise money in the US - at that point I'm even willing to move there if it's advantageous or if the investors require so. At that point we'll probably open a company there and have it own all t…
You could have multiple options which will depend on a variety of factors, such as your background and the backgrounds of your employees success of the company in Brazil and the US, including, most likely, the L-1 and the O-1 visas.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#88Hi, I'm currently living in the US as an O3 (the dependent of an O1), meaning that I can't currently work. Because of this, I've had to reject multiple offers of software consultancy work. I'm trying to figure out if there's anyway for me to get into a position where I can accept this sort of work. Is it possible to do my own O1 application that isn't supported by a company? Are there any other paths that I should be investigating? Thanks!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#89I'm wondering how hard the O-1b is to qualify for. How frequently do they get granted, and are there any specific numeric targets (in number of views/followers/sales) that need to be met in order to qualify? I'm looking at applying for an o-1 as an author, and am wondering how feasible this is.
While the standard is high, it is oftentimes within reach for many people. I would need to evaluate your background/accomplishments to give you a solid assessment.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#90Hi, thanks so much for doing this!
Does the recent policy guidance in https://www.uscis.gov/news/news-releases/uscis-updates-polic... markedly increase the risk that an H-1B sponsored skilled technologist might (a) be unable to change jobs/sponsors, or (b) lose their visa altogether if they even try to do so?
If either is true, we're worried from the hiring perspective that we could find an amazing candidate but lose them immediately due to the policy, even if we did everything perfectly in starting the H-1B transfer process; it makes it difficult to offer to sponsor H-1B folks looking to change jobs. And certainly from the employee's perspective, if there's any chance of (b) being true, there's a new chilling effect that would trap them at their current employers. Is this the correct read of the situation?