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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
Hi Peter, thank you so much for doing this.

What are your recommendations for a successful EB2 NIW application for someone who holds an MS in Computer Science from EU? For example, is there a any particular salary minimum, an expected number of years of experience, or do I need to run a company? E.g. what can I do to improve my odds? Thanks.

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

#122
Thank you for this, Peter.

As a non-US tech worker, I find many American companies not willing to hire (through my own pre-established company), is there something I can do to make that easier/smoother?

I have worked that way before but it seems a hard sell to many other. What do you recommend?

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

#124
Hi Peter - I understand that it's possible for recent STEM graduates to be self-employed, or a 1-man C-Corp, for the first year of their post-completion OPT. But in the 2 year STEM extension, it seems that you need a distinct supervisor to fill out I-983.

How do you suggest that a "solo entrepreneur" modify their business structure so that they can continue working on their business projects during the STEM OPT period? I've heard some people say that you need to have US Citizen co-owners of the company who own a majority share; others say that it suffices to have US Citizens on the Board, as this technically gives them the ability to remove you. Is there any such setup that is clearly within the bounds of the STEM OPT program?

Also - are there any other options aside from the STEM OPT extension? In particular, if the individual is from an E2 treaty country, is this the sort of business that could qualify for an E2 visa, or do those businesses have to have the potential to employ US Citizens?

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

#125
Peter there's ongoing debate raging on whether showing immigrant intent at any point, precludes one from using a single intent visa such as TN anytime in the future. Is that true or is it the case if one can demonstrate close ties to your home country and abandonment of intent that you can resume use of these non-immigrant visas?

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

#126

A friend of mine is on a TN status (Canadian) and has a lot of side-projects he’d love to monetize but feels like he can’t due to his status. What options does he have to make money off of his side projects barring returning to Canada? Thanks in advance!

He could change his TN to a Management Consultant but that would mean entering into a consulting agreement with his current employer (assuming that he also wants to keep this employment).

Even if this change occurred would he be able to accept independent income generated outside of the sponsor of his TN?

In this case, wouldn't his new management consultant TN be tied to his (now former) employer, so would such revenues from his side projects need to flow through the TN sponsoring company in order not to step outside of the terms of his TN?

Side question: what are the risks of a TN holder operating what looks like commercial side projects whether they generate revenue or not (eg publishing a mobile game or running a successful website unrelated to the TN they hold - is it still commercial activity, is it still seen as removing a job from the US labor pool, etc?)

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

#127

Hi Peter, My wife is going to pursue her PhD in US in the coming months, and I'm working as part-time remote employee of a US startup, while owning a startup in India. What options do I have, which would allow me to visit her for 1-2 months, without affecting my work? I've heard B1/B2 holders being questioned during entry after they stayed for a month during previous trips. As I'm not working full time for the US com…

A B-1/B-2 visa would not allow you to work for the U.S. company while here or your Indian startup while here. It might seem like overkill but possibly get an O-1 through the U.S. company. There's no minimum amount of time that you must spend in the U.S.

Thank you, will try that option.

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

#128

My impression is that over the past 20 years or so, the visa process has become a lot more bureaucratic, involved, and time consuming. Is that your impression as well? What has changed, and why? Are any of the changes for the better?

My PERM was certified yesterday after 12 months and 2 weeks. That used to take 6 months.

I'm now backlogged until October which never used to happen at all to ROW (rest of world excluding India and China) applicants.

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

#129
Thanks for taking the time to do this today!

I'd like to ask how you found yourself practicing in this area of the law and any advice you may have for those who will be entering law school in a few months.

I will be heading into my first year of law school in a few months with some general ideas of what I'd like to do after graduation (compliance, regulatory, M&A, contracts) with no concrete ideas either way.

- Would you have any specific advice on what you would have liked to have done in law school that would have helped you later on in your career that you'd recommend students to tackle early on?

- Are there any "wasted time/effort traps" that you might caution students to look out for as they navigate their program?

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

#130
Hi, Peter. Thank you for taking questions again.

Would you recommend a 3rd year(2 more years to go) US PhD student with moderate research portfolio( + strong recommender )to look into EB2/NIW or O1 visa? The end goals are to immigrate to the US and avoid H1B lottery.

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