For international students who went to US for undergrad, what is the fastest path to become a naturalized citizen without getting married to an American?
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
#32Can H1b start a LLC and hire managers to manage it?
The question is whether that qualifies as "employment," regardless of whether the H-1B is compensated. I think that a strict reading is yes but there are grey lines which need to be explored.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#33My girlfriend is a doctor in her last year of her medical fellowship on a J-1 visa. She's looking for a job in a medically under-served area but not having a lot of luck. Is there any other way for her not to have to go back to India for two years (it sounds like even marriage to me, a US citizen, won't help her)?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#34Earlier quoted context omitted.
Assuming that they don't fall within exceptional visas for those from certain countries (such as Australian, Canadian, Chilean, Mexican, and Singaporean citizens), the typical options are the H-1B (via the annual cap/lottery) and the O-1. Although initially, F-1 students get 1 year of OPT (optional practical training) and 2 additional years of OPT if they are a STEM graduate and the employer is an "e-verify" company.…
Who is best to work on this? Is there a firm that you'd recommend that specializes in this? We had a great person for a hard to fill position (blockchain skills needed) from a country that should be easy (Australia) but for various reasons this took us over 3 months to complete. Surely, we could do better than this for countries with exceptions such as Australia? Or is that the typical experience?
I'm not here to plug our skills because there are lot of really good immigration firms out there but the E-3 visa for Australians is generally super quick and easy to get and I'm not sure why it took 3 months. The turnaround really just depends on visa application appointment availability, which can be just weeks.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#35My girlfriend is a doctor in her last year of her medical fellowship on a J-1 visa. She's looking for a job in a medically under-served area but not having a lot of luck. Is there any other way for her not to have to go back to India for two years (it sounds like even marriage to me, a US citizen, won't help her)?
An O-1 would be an option since the 2-year home residency requirement doesn't apply (but it would require her to leave and apply for an O-1 visa after the O-1 petition was approved by USCIS).
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#36This might be orthogonal to your position, but I'll ask it anyways. As an American citizen, what's the best way to protect my career so my job isn't sent overseas or pushed to an H1B (or equivalent) at starter IT salaries?
Not Peter Roberts, but the best protection for you here is to push your legislator to get rid of the H1B rule restricting the free movement of jobs. H1b's can't freely change jobs and therefore stay stuck at low salary levels. This is why, by and large, employers hire H1B's. Once we get rid of that restriction, an H1B will match your salary level: an actual free market where you will probably win.
Excellent answer. Current rules create the equivalence of indentured servitude, driving down wages for all and holding employees hostage.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#37For international students who went to US for undergrad, what is the fastest path to become a naturalized citizen without getting married to an American?
That's a long conversation but the EB1 and EB2 green card categories allow for self-sponsorship although the standards are pretty high and generally require a track record of accomplishment. Alternatively, company sponsorship through the PERM process (in the EB2 or EB3 category) can be pretty quick (12-18 months) depending on the individual's country of nationality.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#38Hey Peter, are you seeing anything new with regard to EB3 Greencards vs previous years?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#39For international students who went to US for undergrad, what is the fastest path to become a naturalized citizen without getting married to an American?
I am not an attorney but very familiar with the process. Being an undergrad puts you in an EB3 category. And you need to find a job within that category and an employer willing to file a green card for you. Depending on your country of birth, the entire process from day one to the day you receive a green card can take up to 2 years. More for people from certain countries of birth e.g. India/China.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#40Just wanted to say that my company has used Peter's firm three times with great results. Peter is the best, listen to his advice!