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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

#31

As a developer from a run-of-the-mill Latin-Country (No special job agreements a la Mexico/Chile) what would be my best chance to get a visa-sponsored job? Work as a local in my country and bid my time for a L1 opportunity? Anything else without resorting to the H1B grind-mill?

The L-1 is an option or an E-1 or E-2 if you are from a country with a treaty of commerce and trade with the US. And if you want to work for your own company, the IEPP and possibly the O-1 would be options.

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

#32
I am from Mexico and am currently employed on a TN visa, if my company intends to start working remotely, is it valid to keep working under this visa if i won't be physically living on the USA (i would live in Mexico, but maybe travel to US some days per year to US) or should i switch to another schema (like working as a contractor)?

Also, what about working for some months on USA and other months on Mexico? Does the visa allow this scenario or are there chances the custom agent get more inquisitive about these frequent trips?

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

#34

I have a masters admit for Fall 2021 and am applying for an F1 visa. However there are very few interview slots being opened in India right now and the consulates are rejecting emergency appointments without any reason. Is there anything we can do to secure an interview?

This is a real problem right now and not just in India but in most countries around the world. You could ask a Congressional office in the area where the school is located to make an inquiry or you could even ask the school to make an inquiry. I've had clients report to me that their schools have done this. What would you be studying?

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

#35
I have a Computer Science PhD and am an EU national. I would like to work in the US but am worried about being tied to a specific employer on a visa, but I don’t understand if this is just something I would have to accept. Is there a resource you can recommend that would clearly explain the options available to me? Additionally I don’t understand whether I would be subject to a lottery or whether with a PhD it is almost a sure thing to be able to get a work visa. Thank you so much.

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

#36

I have a masters admit for Fall 2021 and am applying for an F1 visa. However there are very few interview slots being opened in India right now and the consulates are rejecting emergency appointments without any reason. Is there anything we can do to secure an interview?

This is a real problem right now and not just in India but in most countries around the world. You could ask a Congressional office in the area where the school is located to make an inquiry or you could even ask the school to make an inquiry. I've had clients report to me that their schools have done this. What would you be studying?

Masters in Intelligent Systems Engineering at Indiana University

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

#37
I’ve heard that an option for Canadian workers pursuing US citizenship is to apply for a TN visa, then apply for consular processing from Canada while under TN visa status. Does this seem like a good option?

I’ve worked remotely for a small company for a number of years and am a core team member. I suspect I fit one of the definitions for an L1 visa except that the US company doesn’t have a presence in Canada other than my home office. Would this qualify? Or does there need to be a legitimate Canadian subsidiary to even be considered?

I suppose my last option would be H1-B but that seems like the least favourable.

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

#38

I am from Mexico and am currently employed on a TN visa, if my company intends to start working remotely, is it valid to keep working under this visa if i won't be physically living on the USA (i would live in Mexico, but maybe travel to US some days per year to US) or should i switch to another schema (like working as a contractor)? Also, what about working for some months on USA and other months on Mexico? Does the…

The TN is irrelevant if you are living in Mexico. You can work for a US company without a TN visa or any type of work authorization if you are living in Mexico. Once you enter the US, however, you would need work authorization and your TN would remain valid for the limited intermittent employment that you describe. You might have some explaining to do when you travel to the US because of your absences but legally what you describe is fine.

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

#39

I’ve heard that an option for Canadian workers pursuing US citizenship is to apply for a TN visa, then apply for consular processing from Canada while under TN visa status. Does this seem like a good option? I’ve worked remotely for a small company for a number of years and am a core team member. I suspect I fit one of the definitions for an L1 visa except that the US company doesn’t have a presence in Canada other t…

Unfortunately there needs to be a legitimate operating entity in Canada with office space, employees, etc.

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

#40
Hi Peter,

Taking a look at the IEPP webpage, I saw some vagueness that is common when looking at entrepreneurship visa programs in the US and elsewhere, for example:

"The start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;"

In this context, what is "significant investment?" 100K? 1M? 10M?

In this context, what is a "qualified investor?" Any accredited investor? Do VCs apply to some government entity to become qualified investors in this program?

I am not personally affected by these definitions ... I am a US citizen ... but many friends of mine are foreign nationals in the US on various visas so I try to maintain a decent working knowledge of immigration options and vague language like this makes developing this understanding more difficult.

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