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

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

#1

Post by proberts »

It's 9 months since the last thread, so time for another. Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

I'll be here for the next 2.5 hours and then again at around 11:30 am for another 2.5 hours. As usual, there are countless possible immigration-related topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!

Edit: I will be signing off now but checking in throughout the weekend for questions and comments I might have missed as well as new questions and comments. As always, it's been a pleasure and great learning experience for me. Thank you.

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

#3

Post by preinheimer »

Let's say I'm living in Canada and am employed by the Canadian subsidiary of an american startup, and I fly down for a week to have some meetings meet up with co-workers for some face time.

Saying I'm heading down "for meetings, no productive work" seems to be a fast route for a B-1 visa from the customs agent I meet at the airport.

If I actually want to do "productive work" while i'm down there, what's the best way to do that, ideally without needing to pay US taxes on earnings?

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

#4

Post by proberts »

LiamMcCalloway wrote: post #2

Can you point us to official U.S. policy that leads to differentiated outcomes of immigration processing speed between nationalities?

An explanation is provided by the State Department in its monthly "Visa Bulletin" at https://travel.state.gov/content/travel/en/legal/visa-law0/v....

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

#5

Post by proberts »

preinheimer wrote: post #3

Let's say I'm living in Canada and am employed by the Canadian subsidiary of an american startup, and I fly down for a week to have some meetings meet up with co-workers for some face time. Saying I'm heading down "for meetings, no productive work" seems to be a fast route for a B-1 visa from the customs agent I meet at the airport. If I actually want to do "productive work" while i'm down there, what's the best way…

I can't comment on the tax aspect but even if just for a day, you would need work authorization and the TN still is pretty easy for Canadians to get.

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

#6

Post by preinheimer »

proberts wrote: post #5
preinheimer wrote: post #3

Let's say I'm living in Canada and am employed by the Canadian subsidiary of an american startup, and I fly down for a week to have some meetings meet up with co-workers for some face time. Saying I'm heading down "for meetings, no productive work" seems to be a fast route for a B-1 visa from the customs agent I meet at the airport. If I actually want to do "productive work" while i'm down there, what's the best way…

I can't comment on the tax aspect but even if just for a day, you would need work authorization and the TN still is pretty easy for Canadians to get.

Thank you kindly!

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

#8

Post by proberts »

throwaway107238 wrote: post #7

What do you think the chances are that HR 1044/S 386 will pass this year?

Very low given how difficult it is to make major changes in US immigration law at any time and particularly during a presidential season.

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

#10

Post by proberts »

neivin wrote: post #9

What do you think of the "country of origin" segregation vs. citizenship. I was born in India and raised in Canada. I'm never going to get permanent residency in the US based on employment. Is the best bet just to get married to an American?

Yes, that is fastest way since there are no quotas but I'd also recommend looking at the EB1 category because even though it is significantly backed up for Indian nationals, it's still a lot faster than the EB2 and EB3 categories and oftentimes within reach of talented professionals.
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