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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 proberts »

smithsonian112 wrote: post #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 alm…

You likely would qualify for an O-1 which is not subject to a lottery. You would be subject to a lottery for an H-1B unless the H-1B would be to work for a non-profit entity engaged in basic research or another cap exempt entity. There are visas that allow for self employment or at least employment with a company created by the foreign national (O-1 sort of, E-1 and E-2, and IEPP) but oftentimes the path to "free agency" is through the green card process - which under certain circumstances can be applied for without company sponsorship - and with a PhD you likely would be able to apply for a green card on your own.

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

#42

Post by proberts »

philipkiely wrote: post #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…

These terms are actually defined in the regulations.

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

#43

Post by srtanzim »

Hey Peter,

I am the Co-founder and CEO of an early stage start-up incorporated in Delaware. I am originally from Bangladesh and have just closed our pre-seed round of $300k from an investor in the United States.

Which of the following options would be the best for me?

1. International Entrepreneur Parole: Raised >$250k so should be eligible.

2. O1: By my understanding, I meet the following criteria:

Award- $300k USD pre-seed investment from a top investor in the United States.

Memberships- OnDeck (beondeck.com)

Critical Employment- Co-founder and CEO

Judging- Judged start-ups for investment competition in St. Louis ($50k cheques).

High Remuneration- Own 60% Equity in my start-up

3. E2: Being from a treaty country can I apply for this or would I need to invest my own money into my start-up?

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

#45

Post by proberts »

paulgb wrote: post #27
proberts wrote: post #23

Earlier quoted context omitted.

Very common unfortunately and right now I-131 applications based on marriage-based green card applications typically are taking at least 8 months.

Thanks. Is there any way to expedite this? My wife and I have planned an in-person wedding ceremony in Canada for our families based on the posted waiting times so it would be very unfortunate if I couldn’t go. (We legally got married in a virtual ceremony last June) If it helps, I initially applied in October and it was rejected due to a USCIS error. It looks like one of the ways to expedite is if USCIS made an erro…

That's right, sometimes where clear USCIS error is involved, USCIS will expedite the processing of an I-131.

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

#46

Post by paulgb »

proberts wrote: post #45
paulgb wrote: post #27

Earlier quoted context omitted.

Thanks. Is there any way to expedite this? My wife and I have planned an in-person wedding ceremony in Canada for our families based on the posted waiting times so it would be very unfortunate if I couldn’t go. (We legally got married in a virtual ceremony last June) If it helps, I initially applied in October and it was rejected due to a USCIS error. It looks like one of the ways to expedite is if USCIS made an erro…

That's right, sometimes where clear USCIS error is involved, USCIS will expedite the processing of an I-131.

That's good to know. Is it something I should get a lawyer for, or is it fairly straightforward to submit one?

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

#49

Post by proberts »

chsreekar wrote: post #36
proberts wrote: post #34

Earlier quoted context omitted.

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

Again, this is just a tough issue because there are so many people in the same position but given the field possibly argue that this field is critical to technical infrastructure development in the US and the US economy as a whole.

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

#50

Post by zamalek »

Thank you so much for sharing your time with immigrants - hopefully there are more clear skies going forward for us.

I'm currently looking at expediting my EAD (spousal) by means of a job offer. I've done a good amount of research, but would love to know if you've seen anything improve the odds of EAD expedite.

Have a great weekend!

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