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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

#151

Post by proberts »

probablynish wrote: post #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 perio…

In the end, it's up to the school and they all view this differently but I see the focus as supervision (not ownership) so you need someone, an advisor or board member, who is well educated and experienced in the field who would act as the STEM OPT supervisor/mentor.

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

#152

Post by proberts »

dannyisaphantom wrote: post #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…

I think immigration is a great area of the law because as a lawyer you deal with amazing people and companies, get to know some really smart and interesting people, and can make a difference (help founders, employees, families realize their dream of living and working in the U.S.). It's one of the things that that makes America great (at least that's what I think) and it's great to be a part of that journey.

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

#154

Post by proberts »

crowcroft wrote: post #150

I'm from New Zealand and have been spending my late 20s going around the UK and Canada on 2 year working holiday visas. My work experience is in marketing in senior IC/mid level management roles. The impression I get from most countries visa options is that they're happy for people like me to come in for a few years, work, pay tax, and leave. I'm surprised that even on a temporary basis this kind of activity seems im…

You are right, it's harder in the U.S. and there's no open/general work authorization visa. But there are ways to do your own thing in the U.S. through the J-1, E-2, or O-1 visa.

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

#155

Post by proberts »

justplay wrote: post #149

If my visa was rejected the first time,( I was planning to visit the US on a tourist visa) do I have a chance of getting my visa approved? Or will the process be more difficult for me now?

Yes to both: it will be more difficult but it's possible; we have lots of clients who get their visitor's visa after the second or third try.

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

#156

Post by proberts »

jppope wrote: post #143

Why is everyone super interested in moving people from another country to the United States for work? It feels like in the Software world you should be able to work anywhere where there is internet. What advantages are there for someone to get a visa, and move to the United States aside from advantages to the company? (Full disclosure, my mom is an immigrant, moving to the US obviously made sense at the time.)

I think it's to be near the action (SF, NYC, Miami, Austin) and to work in person with others (which we know is a different experience) but I don't really know.

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

#157

Post by proberts »

temp91223 wrote: post #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.

The O-1 and NIW standards aren't as high as most people think and most PhDs (and PhD candidates) qualify.

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

#158

Post by crowcroft »

proberts wrote: post #154
crowcroft wrote: post #150

I'm from New Zealand and have been spending my late 20s going around the UK and Canada on 2 year working holiday visas. My work experience is in marketing in senior IC/mid level management roles. The impression I get from most countries visa options is that they're happy for people like me to come in for a few years, work, pay tax, and leave. I'm surprised that even on a temporary basis this kind of activity seems im…

You are right, it's harder in the U.S. and there's no open/general work authorization visa. But there are ways to do your own thing in the U.S. through the J-1, E-2, or O-1 visa.

Thank you for the reply, really appreciate it!

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

#160

Post by temp91223 »

proberts wrote: post #157
temp91223 wrote: post #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.

The O-1 and NIW standards aren't as high as most people think and most PhDs (and PhD candidates) qualify.

Thank you. Would it help the process if the degree is from an US institution? I am debating whether to transfer out to an European institutions as my PI is moving there.
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