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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

#121

Post by _corvo_ »

proberts wrote: post #102
_corvo_ wrote: post #81

I’m from India, planning to move to US on L1 as an IC. I want to get green card in 3-5 years or get out of the country. If I get green card, I want to look at bringing my parents permanently to US. As someone without any research papers, any significant industry presence, how difficult will it be to get an EB1 green card if I start chipping at requirements now? How doable is getting parents within next 5-7 years?

You can't sponsor your parents until you are a U.S. citizen and you must be a green card holder for 5 years (unless you are married to a U.S. citizen) before you can apply for citizenship. Will you be managing any employees in your position in the U.S.? Are you managing any employees now?

No, I’m not a manager and won’t be managing any employees.

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

#122

Post by HDMI_Cable »

proberts wrote: post #88
adamredwoods wrote: post #20

How do the immigration efforts change between US political regime changes? Is it easier or more challenging, or does it stay the same?

Significant changes. While immigration laws rarely change, the way they are interpreted and applied can change significantly from administration to administration. We saw that when Trump became President and again when Biden became President.

What changes specifically? I'm lucky in that I am American, and honestly have never had to deal with immigration, so know nothing about it. Do immigration procedures become harder/easier to navigate? Are quotas (if there are quotas) reduced?

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

#123

Post by proberts »

afr0ck wrote: post #105

I am an Algerian citizen who is currently doing PhD studies in computer science in the UK. My area is systems and computer architecture. The job market in the UK in my area is very slim I can't find the type of jobs I would like to do. That's the reason for me why I want to move to the US. What are the possible routes that I can possibly take to immigrate to the US?

Unless you have U.S. citizen relatives, the path to the U.S. usually requires sponsorship by a U.S. company. The good news is that many with PhDs qualify for the O-1 visa, which avoids the whole H-1B lottery mess. You also could do a post-doc in the U.S. (typically on a J-1 visa) and then convert this to a longer term work visa or even green card.

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

#124

Post by HDMI_Cable »

If you could reform the immigration system in one way, how would you do it? Would you say that US immigration is currently broken for tech workers?

Also, how does US immigration compare to other countries, such as the UK, Canada, or Germany? Is it easier to immigrate or harder?

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

#125

Post by injb »

proberts wrote: post #79
bonestamp2 wrote: post #55

Earlier quoted context omitted.

In case Peter doesn't answer, my personal experience has been that you'll want a more stable work visa than an H1. Given your skills, one of you should be able to get one (and the other can come as a spouse and apply for a work permit with the right visa type). After a few years with that, you can apply for a green card (permanent resident status). I know people who have renewed those for decades without becoming cit…

Thanks for the response. Yes, there are other options that aren't subject to the crazy and uncertain H-1B lottery such as the O-1 visa (which, without knowing more, you both probably would qualify for). And while the O-1 is tied to a company, this can be your company. A lot of founders in the U.S. are on O-1s. There is also the intra-company transferee visa (if you are transferring to a related company in the U.S.) a…

Could you elaborate on how an E2 founder could get to become an immigrant?

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

#127

Post by proberts »

cj wrote: post #119

Do you have any general recommendations to founders or hiring managers to keep in mind when hiring people on visas? I understand there are certain visas that an individual can obtain independently (like a TPS visa, or being the spouse of a L1 visa holder) without employer sponsorship, and other visa types that require employer sponsorship and other paperwork (I believe even visas like a TN require some coordination w…

No sponsorship is required for the spouses of those in E-1, E-2, E-3, and L-1 status, or spouses of those in H-1B status who are in the green card process and it's generally easy for companies to hire workers from the five countries with their own visas (Australia, Canada, Chile, Mexico, and Singapore). It's also generally easy for companies to hire those already in H-1B status - that is, to "transfer" the H-1B to their company. It's also generally easy for companies to hire those with PhDs (often via the O-1). It's also generally easy for companies to hire those in F-1 OPT and STEM OPT status but these workers will require sponsorship to continue working and this sponsorship usually takes the form of the H-1B visa, which requires going through the H-1B lottery, a very messy and uncertain program.

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

#128

Post by proberts »

throwaway9971 wrote: post #115
proberts wrote: post #75

Earlier quoted context omitted.

Unfortunately I've seen these terrible delays with our own clients and there's little that can be done other than what you suggest: get to the U.S. on some type of work visa and then pursue the green card when here, which is a very fast process. But one correction: you are allowed to travel to the U.S. as a visitor while your green card application is pending; you just need to maintain a home abroad and not work when…

I am in similar situation, except wife is in India with younger kid and I am in US with elder kid in university. I am told there is a good chance she will be denied tourist visa even if not yet applied to GC, as rest of us are US citizens. And she will be denied tourist visa after applying for GC.

That's a separate issue. If one already has a tourist visa or is from a visa waiver country, there really are no issues traveling to the U.S. while the green card process is pending if you are smart and careful. But it's very difficult to obtain a tourist visa if you are in the green card process.

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

#129

Post by proberts »

_corvo_ wrote: post #121
proberts wrote: post #102

Earlier quoted context omitted.

You can't sponsor your parents until you are a U.S. citizen and you must be a green card holder for 5 years (unless you are married to a U.S. citizen) before you can apply for citizenship. Will you be managing any employees in your position in the U.S.? Are you managing any employees now?

No, I’m not a manager and won’t be managing any employees.

It's going to be a long process to a green card then. The only reasonably fast path is the EB1A extraordinary ability path and the standard is very high and difficult and subjective/uncertain.

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

#130

Post by proberts »

timestap wrote: post #63

What restrictions/things to know or consider are there for Canadian founders who are on a mix of TN/H1-B visas?

Those already in H-1B and TN status with their company or looking to obtain H-1B or TN status with their company?
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