What do you believe would be the best path to citizenship from an H1-B visa in most cases?
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
#32Do you recommend saas companies founded by non-us citizens to form llc and bank accounts in the us, or outside? For the rest of the readers- what online service would you recommend for that as agent llc + accounting?
That really involves a case by case analysis particularly where work is being done in the U.S. for U.S. entities.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#33Hi Peter, How easy is it to get an O1-A if someone meets 4 out of 8 criteria for extraordinary abilities but wants to do a single-member LLC and do some consulting to find the problem they would like to build a startup for?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#34At what point should I make a legal entity for my business? I’m working on a niche tool and have some interesting and I’m just starting to bring on the first users. At what point should I incorporate?
That's not so much an immigration question but be careful about incorporating and creating products while currently employed because your current employer might have a claim over your IP. If the question is when can I/should I incorporate without crossing any immigration line and when should I get a work authorization through this company, then the act of incorporating isn't the issue, the question is whether your ac…
(Not a lawyer) I remember being told a rule of thumb that you should be a separate legal entity before "first contact" with a customer because that's generally where most of the risk of legal liability starts ramping up.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#35What's the easiest way for an H1b holder to work on their own startup and control their company? I've heard of VC like Unshackled, but taking VC seed is already shackling myself. I'm looking more for a solution where I'd pay some fee to a lawyer and turnkey solution for a company structure setup.
There are visas where the foreign national can control/own/run the company he or she works for, such as the E-1/E-2, O-1, and L-1 visas. It's more complicated and tougher if you want to remain in H-1B status and work for your own company; in that situation, you have to give up some control to a cofounder or board. To be clear, it's possible to maintain your H-1B with your current employer and get a concurrent part-time H-1B through your own company (assuming the conditions above are met).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#36Hi Peter,
I have a young friend in Russia who is a computer / programming prodigy. I'm trying to help him get out of Russia by getting a tech job in any other country. He's only 18 atm though. Can you give me any advice? I'm based in Ireland so companies I've worked for + my friends work for would mainly be Irish. I have good contacts in USA and also Germany though.
I want to know...
1. If a company realizes he would be a great hire how feasible is it to hire a Russian?
2. Can the company help with Visa and getting him out of Russia (so as to not be conscripted)
3. What countries should he be applying for jobs in?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#37Do you have any suggestions for finding firm or attorney that can help with immigration of health care workers, specifically nurses? I have a friend searching for such a firm now and of the ~15 firms contacted none had any experience with health care immigration. They have decades of experience with IT services and the path to H1-B for IT. If no suggestions, can you share thoughts on why healthcare immigration attorn…
There used to be a visa specifically for nurses, the H-1C, and when that sunset, the options greatly were reduced but there still are solutions if the global organization is structured and funded properly. It's not appropriate for me to mention the names of firms here but I can give you some via email.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#38Hello Mr Roberts,
How much do you agreed with the internet sentiment that HB-1 visas are exploitive? What rights or recourse do HB-1 holders have that they are not aware of?
I am an American citizen, but I do notice quite a few jobs filled by HB-1 that could have been filled by Americans but many Americans do not stay in because of low pay or poor career advancement.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#39Do you have any suggestions for finding firm or attorney that can help with immigration of health care workers, specifically nurses? I have a friend searching for such a firm now and of the ~15 firms contacted none had any experience with health care immigration. They have decades of experience with IT services and the path to H1-B for IT. If no suggestions, can you share thoughts on why healthcare immigration attorn…
There used to be a visa specifically for nurses, the H-1C, and when that sunset, the options greatly were reduced but there still are solutions if the global organization is structured and funded properly. It's not appropriate for me to mention the names of firms here but I can give you some via email.
Thank you - I appreciate the background.
I'll reach out to the email address in your profile.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#40Do you have any suggestions for finding firm or attorney that can help with immigration of health care workers, specifically nurses? I have a friend searching for such a firm now and of the ~15 firms contacted none had any experience with health care immigration. They have decades of experience with IT services and the path to H1-B for IT. If no suggestions, can you share thoughts on why healthcare immigration attorn…
My company (healthcare non-profit) filed my H1B on my behalf through Kramer Levin. Had to fill out a questionnaire, a little bit of back and forth, and they handled the rest.
Thank you - that's helpful.