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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

#241

Post by proberts »

silentsea90 wrote: post #156

Hi Peter! I hold an H1B visa and am currently employed at a startup, but got an RFE. 1) Does the increased scrutiny in h1b applications bias towards approving applications only for well known companies? 2) Unrelated question, what are the requirements if I want to open my own startup as an H1b holder? Would I need to move to another visa, does my company need to have a US citizen as a cofounder etc.

All things being equal, H-1B RFEs are triggered more by the offered wage now (Level 1 or not) than by the size or prestige of the company. The key requirement for an H-1B through a company you found is that there be an employer/employee relationship between the company and you, meaning that there's a board of directors that can fire you.

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

#242

Post by proberts »

dmorden wrote: post #214
proberts wrote: post #190

Earlier quoted context omitted.

You should send me his CV but I would probably switch him to O-1 instead because founders/owners can have problems getting TNs now.

Can do. What is a good email for you? Thanks

The HN administrator can provide this to you.

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

#243

Post by fantunes »

I am the sole director of a company based in the UK. Through this company I am doing some work for a company in San Francisco. All the work is done remotely but once in a while I need to go to the office. I am currently just entering in the US with a visitor/tourist visa. Theoretically, which visa should I be applying or is there a visa for that sort of temporary (less than month) work in American soil?

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

#244

Post by proberts »

funkaster wrote: post #210
dmatteo wrote: post #204

Hey Peter, cool stuff here. Quick question: can I start a company on an H-1B? Also, will my current employer own any part of it? (California based)

IANAL, but I'm pretty sure you can't.

Unfortunately, your H-1B is tied to your current employer so you would need an H-1B through your own company to work for it.

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

#245

Post by patrickmclaren »

remrem wrote: post #213

Hi 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

Not OP, but I've gone through the E3 process a couple times. First as a change of status, second as a new applicant. You have to prove two things: 1) the job is a specialty occupation, and 2) that you possess the necessary skills and qualifications for the position. The rest of the application is a walk in the park.

Regarding the general perception of E3, I've found that very few people in the U.S. know about the E3 visa class. You may need to educate your employer a little.

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

#246

Post by proberts »

bdamm wrote: post #233
shafyy wrote: post #153

Earlier quoted context omitted.

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.

There's an exception of sorts: if a B-1 visitor is coming to the U.S.to set up a business in anticipation of applying for an E-1 or E-2 visa, then this is permissible.

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

#247

Post by proberts »

rofex wrote: post #236
proberts wrote: post #151

Earlier quoted context omitted.

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.

Internal company stuff doesn't really help other than possibly to bolster that you're playing an "essential role" for your company. If you want me to drill down deeper and get into the specifics, send me your CV.

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

#249

Post by proberts »

amoorthy wrote: post #227
proberts wrote: post #125

Earlier quoted context omitted.

They oftentimes are easy and a great solution we handle a lot of them. The key, and sometimes the stumbling block, is that "investment" here doesn't just mean transferring money to the U.S. company but it also means the actual expenditure of a substantial portion of this investment by the U.S. company on legitimate business expenses.

I was granted an E2 visa (after showing $100k in actual expenses towards my company). Process is straight-forward and not too paper-intensive. Note that you cannot, however, apply for a green-card while on an E2. ps: Peter - thank you for doing this. Really kind of you.

Of course. But to correct, one can apply for a green card while in E-2 status.

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

#250

Post by forrestblount »

jaredhansen wrote: post #10

What do you think of https://www.bridge.us (SaaS platform for immigration)? I haven't used them yet but I'm a fan of the team and the concept. We have sponsored a number of J and H visas for various people at Breezy, and I'm curious to hear your thoughts on the value of this platform and/or any competitors. Thanks in advance!

Thanks for bringing us up, Jared! One thing I'd emphasize is that our approach is to use technology to empower lawyers to offer better advice and service, not to replace them. There's a lot in immigration that can be automated, but the difference between a good and a great lawyer is meaningful in many scenarios.
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