Hi Peter.
What is the advantage of getting a company registered in Delaware? I see YC focuses companies get registered in Delaware.
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
#122What are some of the easiest things one can do to qualify for an O-1 visa?
The lowest hanging fruit so to speak are creating a good company and/or doing great work as an employee of a good company, serving as a judge at competitions/events (or as a reviewer for conferences or journals), obtaining membership in professional associations that require outstanding achievement of its members, and being the subject of media attention.
How would one go about demonstrating "great work as an employee"? Also would that be enough for an eb1?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#123Hi Peter, thanks for taking the time to do this. My question is similar to the one from @sunir. I'm a UK resident and am going through the process of starting up a US-based company with a US co-founder. I plan to travel in to the US for periods of time to meet with my co-founder and attend trade shows (likely being in the country anywhere from a few days to a week or two). Is there any reason why I shouldn't be able…
You really should be fine coming in as a visitor but because you are asking, I would recommend that you speak with an attorney before your first trip to the US so you understand clearly what you can and can't do in the US as a visitor.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#124I am a greencard holder who has moved back to Europe and will give up my GC. Can I open and operate stock trading accounts in US to manage the money I made in the US?
Why give up the GC? That ought to be an interesting story.
Not the OP, but you need to reside for at least 183 days a year to keep your immigration status.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#125Peter,
Thanks for doing this!
As a Canadian permanent resident, does having a US based LLC with funding (~$125k) allow me any immigration options into the US? Or a Canada based corp, with a US subsidiary.
Considering the EB-1 green card as an option here as I would be the CEO.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#126Hi Peter. What is the advantage of getting a company registered in Delaware? I see YC focuses companies get registered in Delaware.
I'm not a corporate attorney but the general view is that Delaware law is the best law for companies to operate under from both a liability and operational perspective.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#127I am a greencard holder who has moved back to Europe and will give up my GC. Can I open and operate stock trading accounts in US to manage the money I made in the US?
Why give up the GC? That ought to be an interesting story.
Green cards come with residency and physical presence requirements. Leaving the US for more than 6 months gets complicated. Making frequent trips back to appear to be a resident will eventually be called out.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#128Hey Robert I’m a Canadian new grad who received an offer in the US. Last summer I interned at the same company but under their Canadian corporation. If I work for a specific amount of time under their Canadian corp, can I qualify for a L1 when I want to move to the US?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#129Earlier quoted context omitted.
If it is the same case that I want to be in them I think he/she means: * He/she is employed by a US company as a contractor and works remotely * He/she is not a US citizen and lives outside the US * In the day to day work and team culture, there seems to be no difference between employees and contractors
Thanks. Then this isn't really a US immigration issue since this person will be working remotely/outside the US but more of an employment law/tax law question.
Exactly as mettamage said, so yes, more of an employment/tax law question. Anyone on YC to do a AMA on that? :)
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#130Peter, Thanks for doing this! As a Canadian permanent resident, does having a US based LLC with funding (~$125k) allow me any immigration options into the US? Or a Canada based corp, with a US subsidiary. Considering the EB-1 green card as an option here as I would be the CEO.
Landed immigrant status in Canada doesn't really change the analysis/options other than that if and when it comes time to apply for a visa, you should have little problem getting an appointment in Canada. I suspect that your mention of EB1 probably is a reference to EB1C, the multinational manager option, and that requires significant and ongoing operations in the US and Canada as well as one year of employment with the Canadian company.