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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

#41

Post by Blackstone4 »

johnc1 wrote: post #18

Hi Peter, thanks for doing this AMA! Do you have any insights on whether getting an L1-A got more difficult with the current administration, and if/how the kind of documents/evidence needed for it changed recently? I'm asking because I just got my L1-A renewal rejected (after having it successfully renewed 2 years ago), on the grounds of insufficient proof of my position being managerial. My I-94 expired and I don't…

I had an L1-B extension request inside the US and they came back with a request for more information. Honestly it looked like they were about to refuse my visa extension. I told the immigration lawyers that I'd be back in London over Christmas and they changed their tune. Applying through London, albeit with an L1 company blanket doc, took all of 30 minutes starting with review of the application and finishing with an interview where the person interviewing me obviously knew very little about my industry.

There appear to be wide discrepancies within the system that can be arbitraged.

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

#42

Post by proberts »

gtbcb wrote: post #17

Hi Peter - Thanks for taking the time to answer some questions! I've got some UK related questions... I hope they are factual discussion-related enough :-) In order to sponsor people in the UK, a company must designate an Authorising Officer (AO) ( https://www.gov.uk/uk-visa-sponsorship-employers/sponsorship... ). I'm under the impression that this person is mostly a figurehead that signs off on things because the UK…

Unfortunately, I don't know UK immigration law. If you need a referral, email me separately.

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

#44

Post by smitshah0014 »

proberts wrote: post #38
smitshah0014 wrote: post #32

I'm currently on the H1B visa but would love to start my own company at some point and given that I'm an Indian national, I'm probably never getting a GC through the EB2/EB3 category. What are some of the visa options for someone like me who wants to start a business?

The approach is going to be very fact-specific so it's hard to say in general (and probably requires a phone call) but the options that many entrepreneurs/founders pursue are a concurrent part-time H-1B through their own company or an O-1 through their own company, although both of these come with their own issues and challenges.

Thank you so much!

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

#45

Post by proberts »

timyo wrote: post #34

Canadian citizen, working and living full time in USA on TN visa - is it permitted to concurrently do remote freelance for companies in my country of citizenship (Canada) while living in US?

US immigration law has still not come to terms with remote/digital employment so there is some gray here but the short answer is no.

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

#46

Post by Myrmornis »

Hi Peter, I'm a UK citizen who has held a E26 Green Card for 1yr 9 months. My partner (US citizen, we are not married) and I both have remote jobs and we are switching between working 2 or 3 months remotely in Europe then 2 or 3 back working remotely from locations in the USA. Do I need to worry about this pattern of movements?

So approximately 50:50 split between US and Europe, but not more than 3 months at a time outside US, usually more like 2. We do not own property anywhere, nor do we currently have permanent rented property. She has family in the US, I have family in the UK.

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

#47

Post by rococode »

I'm at a very early stage startup and am preparing to make my first hire in the next couple months. To me, it would be ideal if I could consider people who aren't US citizens or permanent residents. But, given how often I see small-mid sized startups saying, "sorry but we can only hire US citizens/green card holders", it seems there are a variety of reasons (that I don't fully understand) that this may not be feasible.

Could you share some thoughts on what particular challenges there are in hiring people who do need visas, and if it's possible or reasonable for a very early startup with limited time and resources to overcome those challenges?

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

#48

Post by throwaway5612a »

Friend who is a Singapore national is trying to figure out if he can do an online bachelors at Capella University in the US, specifically the Bachelor of Science in Information Technology have it be used to get an H1B or H1B1.

The sticking point is that he plans to complete it in a year- (he knows how to program and its a self paced program) will it satisfy USCIS requirements which say a foreign national must complete 4 years of post secondary study- is it specifically the years that matter or is it fine that its a 4 year degree done more quickly?

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

#49

Post by proberts »

johnc1 wrote: post #39
proberts wrote: post #25

Earlier quoted context omitted.

Non-blanket L-1s are just really tough and probably the "best" example of irrational and unfair decision-making by USCIS. In short, extensive documentation of the structure/organization of the U.S. and foreign companies and of the employees managed and to be managed needs to be provided along with DETAILED descriptions of current and future managerial job duties. But L-1s are just tough and were tough even under the…

Thanks a lot for advice! How does L1-As compare with L1-Bs or O-1s on terms of being tough? Those two are my other options I'm considering.

An L-1A - if you can show management of people now and in the U.S. - is much easier than an L-1B - unless the L-1B involves advanced scientific research and development.

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

#50

Post by proberts »

throwaway5612a wrote: post #48

Friend who is a Singapore national is trying to figure out if he can do an online bachelors at Capella University in the US, specifically the Bachelor of Science in Information Technology have it be used to get an H1B or H1B1. The sticking point is that he plans to complete it in a year- (he knows how to program and its a self paced program) will it satisfy USCIS requirements which say a foreign national must complet…

It's the course credits that matter. He should make sure that the school is an accredited institution of higher education of course but I'd also have him run this degree program by an education evaluation service.
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