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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 thewinnie »

Hi Peter,

I'm a solo founder of software development company in USA. I've been doing everything on B1/B2 visa until goverment told me I spending too much time in USA and they cancelled my visa with recommendations to look for other options.

I tried to apply for E2 during covid and it took them almost 6 months to process my case but they declined it with a general reason that they don't see enough evidance to issue E2 for me at this moment but I can re-apply anytime if my situation change. (I applied by myself without any lawyer at all)

After consultations with different attorney I've been told that E2 is more for people who wants to invest but since I'm already established working business it might not be a good fit for me. And yeah they do recommend me to look on O1

1. Is it something interesting for you? Can I get paid consultation from you and maybe you'll help me?

2. Is it true that for existing established business with solo-founders E2 might be not a good fit?

Thank you in advance!

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

#122

Post by crowcroft »

proberts wrote: post #46
crowcroft wrote: post #24

For people running a small business that is remote/can be done anywhere (a small SaaS company for example). What are their options for operating in the US? To give a specific example. An indiehacker runs their own business, and wants to move to the US, potentially with the view of trying to become a citizen at some point. They have plenty of income, don't need a job/so don't really have a visa sponsor etc. What steps…

While physically in the U.S., with very limited exceptions, a foreign national must have some form of U.S. work authorization to engage in revenue-generating activities, even if those activities are remote/virtual or occurring in another country. The default options, depending on the individual's country of citizenship (excluding those from Australia, Canada, Chile, Mexico, and Singapore, who have their own work visa…

I see, so the 'correct' path would likely be something like: Incorporate in the US -> apply for an E-2 (appreciate this is a gross simplification).

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

#123

Post by sbolt »

proberts wrote: post #83
sbolt wrote: post #15

Hi Peter, thanks for your continued presence on HN over the years! What wait times are you seeing for I-485 processing of EB-3 green cards? Are the interviews still being skipped?

There's a wide range but what I mostly see is that once an I-485 applicant's priority date is current, his or her green card application is being approved within 3-6 months.

Thanks Peter!

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

#124

Post by ghirni »

Hi Peter!

Thanks for doing this! 2 questions from me: 1. If the company is not able to file PERM successfully due to the layoffs and once the H1b expires. Is it possible to extend the H1b after 6 years eventhough there is no PERM filed?

2. Can companies not absolutely file for PERM during layoffs or is there like a georgraphical restriction/meaning certain number of miles that they should look at to determine if layoffs have happened? Is there a fixed number of miles/radius?

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

#125

Post by not_your_vase »

orangepurple wrote: post #57
not_your_vase wrote: post #13

Earlier quoted context omitted.

The grass is always greener on the other side lol Personally I am investigating how could I move to the US...

If you are talented and influential and meet the requirements don't forget about EB-1 and O-1 visas

Unfortunately I am not particularly talented nor famous, just a run of the mill code-monkey who thinks to be better than the others (but objectively that's most likely not right).

Even though I am very interested in moving to the US, realistically that will remain only a plan.

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

#126

Post by proberts »

blovescoffee wrote: post #100
proberts wrote: post #84

Earlier quoted context omitted.

I'm not sure that I understand the question. Can you elaborate?

Thanks for doing this. My GF is from Mexico and would like to come work in the US. It is quite the process. Paying for an attorney could be very expensive for someone from __not_the_US__. Do you have any advice on what tips the calculus such that it's worth the cost to contract an attorney?

I see. Given the benefit and the potential for delays/problems, I definitely would go with an experienced TN attorney, not only will he or she see options where your girlfriend or a prospective employer might not, but he or she also will ensure it's done right. Also, TN visa applications tend be some of the least expensive U.S. work visas relatively speaking.

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

#127

Post by proberts »

thewinnie wrote: post #121

Hi Peter, I'm a solo founder of software development company in USA. I've been doing everything on B1/B2 visa until goverment told me I spending too much time in USA and they cancelled my visa with recommendations to look for other options. I tried to apply for E2 during covid and it took them almost 6 months to process my case but they declined it with a general reason that they don't see enough evidance to issue E2…

1. I'd be happy to speak with you and go through your options. 2. That's not the most important factor; we do E-2s for existing businesses and solo founders all the time.

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

#128

Post by proberts »

crowcroft wrote: post #120
salamandersss wrote: post #73

Earlier quoted context omitted.

An interesting exercise for the reader is to look up I-9 authorization, or lack thereof, checks for 1099 workers.

This is super interesting Feels like a lot of people just travel the US and work remote a bit with the expectation that they will just slip the cracks. Thanks!

I think there's a difference from CBP's/USCIS's perspective between visiting the U.S. for brief trips for pleasure or business and continuing to work while here (for the benefit of a foreign employer or client) and traveling to the U.S. to work remotely from the U.S. (even if for the benefit of a foreign employer or client).

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

#129

Post by proberts »

ghirni wrote: post #124

Hi Peter! Thanks for doing this! 2 questions from me: 1. If the company is not able to file PERM successfully due to the layoffs and once the H1b expires. Is it possible to extend the H1b after 6 years eventhough there is no PERM filed? 2. Can companies not absolutely file for PERM during layoffs or is there like a georgraphical restriction/meaning certain number of miles that they should look at to determine if layo…

1. No. An H-1B can only be extended beyond the 6-year max-out period by recapturing time spent outside or by being in the green card (and being far enough along in this process). 2. For layoffs to be relevant - that is, for them to impact an employer's ability to file PERM applications - they must be in the same or similar occupation as the sponsored PERM occupation and be in the same geographic area.

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

#130

Post by ghirni »

proberts wrote: post #129
ghirni wrote: post #124

Hi Peter! Thanks for doing this! 2 questions from me: 1. If the company is not able to file PERM successfully due to the layoffs and once the H1b expires. Is it possible to extend the H1b after 6 years eventhough there is no PERM filed? 2. Can companies not absolutely file for PERM during layoffs or is there like a georgraphical restriction/meaning certain number of miles that they should look at to determine if layo…

1. No. An H-1B can only be extended beyond the 6-year max-out period by recapturing time spent outside or by being in the green card (and being far enough along in this process). 2. For layoffs to be relevant - that is, for them to impact an employer's ability to file PERM applications - they must be in the same or similar occupation as the sponsored PERM occupation and be in the same geographic area.

Thanks a lot! a follow up on (2) - what does a "geographical area" mean. Like would Houston and Austin be in the same geographical area? Is there certain miles radius a cut off or entire state?
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