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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

#231

Post by probablynish »

proberts wrote: post #151
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.

Hi Peter - a followup question if I may. Do you think that this kind of "solo entrepreneur" business model would be a good fit for the E2 visa? In particular, where the individual does not envision employing any other people, nor getting large amounts of VC funding (think more like bootstrapped growth). Or does the E2 visa require more 'scale'?

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

#232

Post by junar »

bazillion wrote: post #225

Is an O-1 or EB-1 visa viable as a grandmaster in chess? There are, for instance, only about 100 grandmasters in the United States right now. We're looking at bringing over a Chess grandmaster to our company, but don't know the most efficient route (haven't talked to an immigration lawyer). If time to visa is a factor, is there an easier route?

I assume they wouldn't be coming to the US to play chess...

> To qualify for an O-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

https://www.uscis.gov/working-in-the-united-states/temporary...

> You must meet at least 3 of the 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise. No offer of employment or labor certification is required.

https://www.uscis.gov/working-in-the-united-states/permanent...

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

#233

Post by alfonsosn2 »

thrwy345 wrote: post #224
alfonsosn2 wrote: post #218

Earlier quoted context omitted.

Have you considered using an Employment of Record solution (EOR)? Utilizing an EOR can streamline the process of compensating an international cofounder, ensuring legal compliance and reducing the administrative burden on your startup. This approach lets you focus more on growing your business while maintaining global operational flexibility. Just make sure that the EOR is compliant with the country of resident of yo…

Thanks for the suggestion, I will look into this. Based on your response I am assuming EOR is compliant with US laws, allows compensating individuals that do not reside and do not have legal status in US and people employed through this can be considered an employee of the company. Is that correct?

Yes, an EOR can help you set up compliance with a US Laws, especially when it comes to reporting and tax obligations related to foreign operations. An EOR is particularly useful for compensating individuals who do not reside in the U.S. or do not have a U.S. work visa.

Individuals employed through an EOR can indeed be considered employees of your company in a functional and operational sense. However, legally, they are employees of the EOR. This means the EOR is responsible for their employment rights, payroll, taxes, and adherence to local labor laws. Your company directs their day-to-day activities and integrates them into your team as you would with any employee.

Coincidentally, the reason I know this is because I currently work at a company that recently launched an EOR: https://www.justworks.com/blog/what-is-an-employer-of-record...

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

#234

Post by John_Cena »

ab_testing wrote: post #85
RecycledEle wrote: post #80

Is it legal for a US employer to not promote US citizens that are currently part time to full time while hiring H1 Visa workers who do not do as good of a job?

Because the current I485 processing time is around 41 months or just shy of 4 years. That card gives you to opportunity to work and travel in/out of the country while waiting for your green card.

I don't believe that was the question.

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

#237

Post by blast42 »

Hi Peter,

I have an offer to study a CS Masters in the US. I have two questions:

1) What are my options after my 3 year STEM OPT ends? Can you comment on the likelihood of being able to stay in the US after? Do I need to be working for a company capable of sponsoring me (e.g. FAANG)?

2) Let's say I don't do my Masters in the US – what is the process of getting a visa if I raise from a US VC?

Thank you for helping us all! :)

* For anyone wanting to search through Peter's past AMAs, this might be of interest: https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...

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

#238

Post by lokar »

cmpxchg8b wrote: post #230
billofprivilege wrote: post #206

Earlier quoted context omitted.

In the US the Bill of Rights and most other things only apply to citizens (and maybe lawful residents). CBP agents have broader authority to conduct searches of non-citizens and their belongings at ports of entry without a warrant, including devices like laptops and phones, to determine admissibility to the United States. Searches of citizens generally require a higher standard of suspicion or a warrant. In the past,…

That is 100% not true. The Bill of Rights absolutely applies to non-citizens.

Correct. And it protects everyone from “unreasonable “ searches. The SCOTUS has determined that searching foreigners at airports is not unreasonable.

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

#239

Post by everfrustrated »

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…

The is (or was) a visa for NZ recent graduates to work a couple of years in the US. There's also a US route if you can get Aussie citizenship somehow too which Australia has recently made a lot easier for NZers.
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