Earlier quoted context omitted.
It's US law. Are there similar European laws?
The European attitude is: Am I breaking the law? How do I make sure I’m not? The American attitude is: I’m not breaking the law until someone tells me to stop.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
241–250 of 425 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#242Have you ever seen any visa issues pop up for students on J1 visas who apply for YC post graduation?
Do you see students on J1 visas who incorporate even before graduation?
(Australian here - in my particular case, the University has said no return to home country requirement will apply.)
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#243Preamble: As I understand it, it is permissible for a European who works for a US company to visit the US as a "business visitor" on an ESTA in order to visit the company, as long as the visit is not for "work". Various sources list activities that are deemed to be "business" and not "work", such as attending business meetings or attending a trade show, and entering on an ESTA for these purposes is thus acceptable. Q…
My advice is, don’t risk it. Get the visa to allow you to work for at least the time you are there. I ended up getting a full TN visa but I believe there are short-term work visas for this circumstance as well.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#244I'm interested in starting a startup but am waiting on my green card process to be done.
Questions:
1. What are the other paths to a startup-appropriate visa if I don't want to wait for PERM (~6 more months) and the I-485 process (3 to 24 months?) to be done? Are some TN categories appropriate for this?
2. If and when my green card is approved, how soon can I leave my job and start a startup?
3. What happens if I am terminated from my job before the I-485 has been in review for 6 months (i.e. before portability)? Is my green card valid if my I-485 is approved after termination?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#245Preamble: As I understand it, it is permissible for a European who works for a US company to visit the US as a "business visitor" on an ESTA in order to visit the company, as long as the visit is not for "work". Various sources list activities that are deemed to be "business" and not "work", such as attending business meetings or attending a trade show, and entering on an ESTA for these purposes is thus acceptable. Q…
Not a lawyer, but it seems unlikely that anyone would scrutinize your visit closely enough to care.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#246Earlier quoted context omitted.
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
#247Why 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
#248Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#249It's regarding my recent I-485 filing and my spouse's green card eligibility. Due to unforeseen family circumstances, my spouse and I are considering divorcing, but I want to ensure that my spouse's green card application is not jeopardized in the process. As the primary applicant, I am committed to supporting my spouse through the green card process before finalizing our divorce. To navigate this complex situation e…
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#250Why 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.)
> What advantages are there for someone to get a visa, and move to the United States aside from advantages to the company? More interesting work, as not everything is 'shipped' overseas. Better networking. Plus just my last year's bonus is the equivalent of several years of compensation at my previous country. Unless you find one of those unicorns with compensation that's independent of location, your pay will be far…
>Better Networking ok, but the people building companies or developing interesting projects aren't exactly the guy hanging out at the local bar... seems like if you are interested in a niche subject there are pretty clear cut humans to interact with. probably better odds of running into them on hacker news than the local 7-11
> Unless you find one of those unicorns with compensation that's independent of location, your pay will be far lower, even after accounting for cost of living.
I don't buy this argument. 2020 freed everyone except low performers. if you are a low performer they still want you to show up, and with good reason.