Hi Peter, What is the best way to contact your firm as a prospective client? I've been looking for an immigration attorney who specializes in EB1A for an early engineer in the startup founding team in robotics with significant patent commercialization and a small number of citations (2 granted patents of >$2 million value, NIW is unfortunately not a good option due to the country backlog. Looking at the positive comm…
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
#312Earlier quoted context omitted.
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
#313Whats the best path forward for a h1b solopreneur who wants to gain some traction on the side project before quitting their full time job and going all in on an idea? Keep going and get into an accelerator and apply for an o1? Or are there new paths with the entrepreneurial parole program?
As you know, the H-1B category is quite strict in permitting paid work only for the H-1B employer-petitioner. It prohibits paid freelancing of any kind, including driving an Uber, running a paid Substack, working for an overseas employer, and monetizing your side project. That's the bright line you start with.
So, Step 1, what can you do with your side project that keeps it in the realm of a hobby, while in H-1B status? Probably quite a lot. You can test and perfect how the thing runs. You can polish the user interface. You can talk to your target audience, every day. You can immerse yourself in how they describe the needs, hopes, fears, etc., that your product addresses. You can set up a special-interest website for it (but not on Shopify).
IOW do it for fun, not for money, at first. Take it as far as you can in the special-interest realm. Get all the "hobbyist" moving parts working together.
Step 2, start building your O-1 visa evidence portfolio, at the same time. Pick a niche, related either to your side project or your job, and become a subject-matter expert in that thing. Publish, do podcasts, get interviewed, do open-source, attract some "sustained acclaim." As long as you don't get paid, it's perfectly consistent with H-1B status to become an influencer in your niche specialty.
Step 3, when your product's ready to monetize, you'll also be ready to incorporate, have your company sponsor you for your O-1 visa, and have an O-1 evidence portfolio ready to go. Alternatively, present yourself and your product to an accelerator, O-1 portfolio in hand.
Check out the links in the "Swizec" comments above. Swizec didn't have an H-1B, as I recall, but he's absolutely cracked the code on how to build your own O-1. And with an O-1 portfolio already built, you'll have many, many options for moving forward.
Long answer to short question. But it's a great question! I hope this framing might help others who are tackling this challenge also.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#314Hi Peter, What is the best way to contact your firm as a prospective client? I've been looking for an immigration attorney who specializes in EB1A for an early engineer in the startup founding team in robotics with significant patent commercialization and a small number of citations (2 granted patents of >$2 million value, NIW is unfortunately not a good option due to the country backlog. Looking at the positive comm…
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#315Hi Peter, I'm not sure if my situation/questions are under your scope but I appreciate your time and energy on this thread. My fiance is British with an O-1 visa, currently living and working in NYC. She works in fashion, not tech. But I am a tech worker in London (EU citizen) and would love to move in with my fiance of course. Is my understanding correct that even if we marry it wouldn't allow me to legally reside a…
You could also look into options for her EB-1A green card, which includes a derivative green card for the spouse. I'd consult a qualified immigration attorney re the timing and filing procedures. It's a great choice, but it can be tricky to sequence it correctly.
If not married, you'll need your own independent work permit to live and work in NYC.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#316Earlier quoted context omitted.
How about a blockchain founder?
Yes, certainly. Same requirements as other industries and occupations. And the same challenges: Fitting your 2023 accomplishments into the rigid required elements of the 1991 USCIS categories. One especially helpful force multiplier here, would be to practice writing out a simple one-page description of your industry and your job. Like a little elevator pitch, that's easily grasped in a minute or two, by a time-press…
Explain it to: Your dad. Your 14-year-old-kid. Your non-tech investor. Your CEO. Your spouse. Your best friend.
We're seeking that "AHA moment" where they go: "Oh! THAT's what you do? That's really cool!"
If you've lined up all your evidence correctly, that AHA moment, is the moment you win your case.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#317Earlier quoted context omitted.
Do you know the best way to contact Peter or his firm? Looking them up online I find broken links to the firm website. I've been looking for an immigration attorney who specializes in EB1A for an early engineer in the startup founding team with a small number of publication ( $2 million value). NIW is unfortunately not a good option due to the country backlog.
Peter's at a new firm: https://ogletree.com/people/peter-d-roberts/ Media announcement: https://ogletree.com/media-center/press-releases/2023-07-17/... I'm a colleague of Peter's. I've sent him referrals. 100% agree he's awesome. He's now even awesomer with big-firm infrastructure backing him up.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#318Earlier quoted context omitted.
Peter's at a new firm: https://ogletree.com/people/peter-d-roberts/ Media announcement: https://ogletree.com/media-center/press-releases/2023-07-17/... I'm a colleague of Peter's. I've sent him referrals. 100% agree he's awesome. He's now even awesomer with big-firm infrastructure backing him up.
Thank you so much! I'm going to be reaching out, and your comments give me added confidence!