I dread seeing your threads as it flags a significant amount of time has passed. (This is the fourth one I've seen) Tangible passage of time! Thanks for doing these btw.
Very funny. Life is fast.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
131–140 of 409 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#132Hi Peter thanks for this. European, PhD, what's the fastest way available for me to get a green card? I've heard of the investor visa, but I can't invest 1mil, or hire 10 people. I've also heard of the H1B, but from what I understand that means years of uncertainty. I've held a L1B, not sure if that matters.
Either the NIW (national interest waiver) or EB1A (extraordinary ability) path. Are you in the U.S. already?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#133Earlier quoted context omitted.
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?
[deleted]
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#134If you (US Citizen) marry out of the country, and stay with your spouse (foreign citizen) in that country, how long is the current wait to come back into the country and have your spouse with you on a CR1 visa? And are there any advantages to K-3 over CR1?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#135What is the process like for employees waiting for i485 approval (2+ year wait times) who decide to change companies? Assuming EAD/AP and everything else has already been approved. My understanding is that the application is “portable” to an extent, but what exactly does that mean? Does the PWD need to be filed again? From a startup’s perspective, what does the company need to do to accommodate this incoming employee…
Generally it's very easy to port an I-485 application after the I-140 has been approved and I-485 has been pending for more than 6 months. The primary requirement is that the new job in the same or similar occupation as the previous job and that the new company is a real company with the ability to pay employee. But the job location, job salary, job level can all be different.
Thank you for the response!!
How specific is “same or similar”? Say, going from front end web dev to machine learning. Or going from VLSI to full stack web dev. All very similar in that they’re software development heavy, but do have significant differences in the actual field.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#136Earlier quoted context omitted.
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?
Most countries have a treaty of commerce and trade with the U.S. that gives rise to the E-2 visa. In short, you must establish a U.S. company, you and/or others from your country of citizenship must invest at least $100k in this company, the company must spend a substantial portion of this on business related expenses, and you must have a good business plan showing, among other things, the employment of U.S. workers over a 5-year period.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#137What are the reasons to bring people to san fransisco in the first place and deal with immigration problems? Why can't startups just use a payroll provider like deel and have a semi-global team?
At least founders team often can't be semi-global. A lot of VCs simply wouldn't bother working with you if some people on your board are not from US and it's even worse if someone live in some developing country. For them it's too much risk.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#138Great questions and comments! Thank you. I'm going to take a break and return in 1-2 hours.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#139I'm currently on an H1-B and I'm considering exploring a startup idea. My research suggests that I could do a concurrent H1-B but what I'm not so sure about is the prevailing wage. Is it possible to get a concurrent H1-B for say 5 hours a week so that I can actually afford to pay myself as the govt. requires?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#140Hey Peter! What tech (legal and non-legal) do you use?