Hi, do EU citizen have some special tricks available when looking for startup jobs there? Thanks for these threads!
No unfortunately other than that they can travel to the U.S. just on their passports under ESTA to look for work.
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
231–240 of 317 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#232Earlier quoted context omitted.
The E-2 requires a substantial investment by citizens or companies of the same nationality as the applicant so it's possible, if the U.S. company is the same nationality as the applicant, that revenues reinvested into the company could qualify as an investment for E-2 purposes.
Hi Peter, Thanks for doing the AMA. Can you clarify because I didn't understand. > if the U.S. company is the same nationality as the applicant. Let me give you an example. If I, a UK citizen and currently residing in the UK. I incorporate a company in the US, a Delaware LLC. That company generates $100k and then is on target to be generating additional revenues for re-investment in the company. Can this $100k and re…
Yes.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#233Earlier quoted context omitted.
If you are setting up a business for operations, meeting potential partners, attending events or doing market research, you should be fine. As long as you are not employed by your own company. That's the whole point of the B1 visa. Am I right, Peter? :P
To the person who downvoted this. Why?
You're replying as if you are Peter, but you are not. And to make matters worse, I'm pretty sure you are wrong. This is not the point of a B1 visa. A B1 visa is about temporarily doing business in the US such as negotiating contracts, not using the visa to set up a business.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#234Earlier quoted context omitted.
Probably the current approach, which is to conduct site visits.
As far as I can tell, that is not working because outsourcing companies are getting a significant percentage of the HB1 visas. https://www.nytimes.com/interactive/2015/11/06/us/outsourcin...
That doesn't change the analysis. The LCA/wage documentation must still be maintained at a central location and this documentation can be audited to ensure compliance even for remote workers.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#235I'm currently working for a large U.S. company, on their offshore global services subsidiary, as software developer. I've been working for a year and a half (fully employed). First question is, do I qualify for a L1B Visa? (I have both a bachelor's and Master's) Second question is, do you consider that a good route to a Green Card? I wouldn't want to go to the U.S. unless I'm confident I can go the Green Card route.…
The answers to your questions, in order: you might qualify for an L-1B but this would depend in part on the nature of your specialized knowledge of the company's proprietary products, systems, etc.; underlying status has nothing to do with green card options, the green card requirements are separate and apart but on the face of it, it looks like you would have a solid PERM-based green card application; not necessaril…
Thank you. Very grateful for you sharing your knowledge.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#236What are things I could do to improve my resume for EB1 category Greencard in the next year or so? I am currently on H1B working as a SWE at a top Silicon valley company (think Google/FB). I have a Master's degree in CS from a top US university and have a couple of years work experience. According to the company attorney, I qualify only for the EB2 category. Unfortunately, the EB2 queue is extremely long since I am f…
I would need to explore your background further but some options are to do journal/conference review work (this is more available than many people realize) or try to obtain a higher level of membership at IEEE, for example, or other similar organizations.
Would participation in company-internal conferences/technical summits also count, other than the usual internationally reputed journals/conferences? Could you please elaborate on "this is more available than many people realize"? Thank you for doing this AMA.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#237Hi Peter, wondering if you have worked with many Aussies with the E3 while working with startups, and the general perception of hiring those eligible for E3 visas? Just wondering about your thoughts on that, or any general advice when going for an E3. Thanks
We've done a lot of work with Australian companies and Australian citizens and the E-3 is generally a very smooth process, whether the sponsoring company is a startup or a large company.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#238Hi Peter, thanks for doing this.
We're a small consulting company based in Germany and we have a couple of customers in the US. We'd love to work on-site but so far haven't done so because we couldn't sort out the visa issues.
Customers in the US would pay our German company which would then pay us (the founders/employees). Our contracts are usually short (1-2 weeks max).
We've actually talked to two different lawyers (US & German based) and have received two different answers.
- One told us L1 would be the best option but that'd mean investing in the US which we can't meaningful do (for our consulting we really only need a laptop and no office) - Another one told us a normal ESTA/B1 visa would work as well.
We always worked under the assumption that a B1 visa is not for paid work. So we're confused. Customers also don't want to go through the hassle of sponsoring a H1 visa for a two week contract.
Can you give us any hint which visa category would be most appropriate for this kind of work and whether the B1 statement is correct or not. Thank you!
We'd also be more than happy to pay for someone to help us with this but our trust has eroded a bit because of the different answers we've received in the past.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#239Earlier quoted context omitted.
You can just do this but if and when you are in H-1B status, the majority of your time should be spent on your job, not on your master's degree education.
Also, just to clarify, do I need to wait until H1B to take classes or can I do it while on OPT too?
You can do this while on OPT but again the primary focus of your time should be on employment, not education.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#240Hi Peter, I was into 3 years of my H1B and quit that job, left US. Can I recoup my other 3 years of H1B without going through a lottery in the future ?
Yes, you should be able to.