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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

#61

Post by proberts »

Wenne wrote: post #48

Hi Peter, For IEPP program, should be file by the employer? Does international indepedent consulting apply for the startup?

The application is filed by the entrepreneur/founder. And there's no restriction on the type of business but USCIS must believe that the business is going to employ US workers over time and isn't just for the employment of the entrepreneur/founder.

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

#62

Post by proberts »

sh8055 wrote: post #33

Hi Peter, what restrictions common tech worker visa types (H1B, L1B) place on employee location in the US? Specifically, do they allow remote work (office location in state A, visa worker working remotely in state B)?

Yes, remote employment is allowed for all visas but it generally needs to be disclosed as part of the application and changes from office to remote employment can trigger the need to file new or amended applications.

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

#63

Post by riyakhanna1983 »

proberts wrote: post #51
srtanzim wrote: post #43

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…

The IEP seems like the best option and a good one. The E-2 would require investments by you and/or other Bangladesh citizens into the US company and then expenditures by the US company. Based on the information provided, I would put the O-1 odds at less than 50%.

Thanks, Peter! Would you know the processing time for IEP application? Could it be expedited?

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

#64

Post by proberts »

adorearun wrote: post #4

I am in H1B visa.Can I invest in a company as Board of Directors and use that to apply for GC?

I'm not sure that I understand the question. Do you mean investing in a company and serving on the board of that company?

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

#66

Post by nafizh »

Hi Peter, thanks for doing this.

What would be the best visa for a PhD holder (got PhD from a US institution) living in US who wants to start a startup? The person is currently in H-1B with an employer and his green card under EB2-NIW is under process.

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

#67

Post by proberts »

stackbutterflow wrote: post #17

Hi Peter, What's the straightest path to the US for a tech worker?

It depends on the strength of the worker's background, his or her country of citizenship, etc., but, assuming that the worker is not from a country with its own work visa (Australia, Canada, Chile, Mexico, and Singapore), then an L-1 intracompany transferee visa is often the fastest but where this doesn't apply, then the O-1 (which also isn't subject to an annual lottery), the E-1 and E-2 (which also isn't subject to an annual lottery), and the H-1B.

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

#68

Post by proberts »

throwawaytax31 wrote: post #5

Hi Peter, this might not be directly from your ballpark, but perhaps you have thoughts on this. I wonder what is your recent experience on SaaS businesses and tax liability? With recent changes across the globe, SaaS companies are responsible for emitting sales taxes in the country of the customer. Do early-stage startups try to handle this on their own (using specialized accountants) and services like TaxJar, or do…

Unfortunately this is outside my area although they appear to be important issues.

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

#69

Post by wizzwizz4 »

j1_h1b wrote: post #60

Hello Peter, thanks for doing this. Supposed someone has been on a J1 visa for last couple of years and had changed it from student scholar to research scholar (moving the 2 year timeline to 5 year timeline). In the midst of pandemic he/she had to move back to India to care for my parents and got my J1 expired. Now can they go back to US on a J1 visa, is it possible ? Can they apply for H1b non exempt positions (thos…

> 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.

See above. Perhaps edit your question to make it about the general laws?

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

#70

Post by proberts »

riyakhanna1983 wrote: post #63
proberts wrote: post #51

Earlier quoted context omitted.

The IEP seems like the best option and a good one. The E-2 would require investments by you and/or other Bangladesh citizens into the US company and then expenditures by the US company. Based on the information provided, I would put the O-1 odds at less than 50%.

Thanks, Peter! Would you know the processing time for IEP application? Could it be expedited?

The processing time is completely unknown right so we'll have to wait and see and premium processing isn't available - although where the circumstances are very, very compelling, it's possible to request expedited review (with such requests rarely granted).
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