Live data from Hacker News

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

news.ycombinator.com

241–250 of 425 posts

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

#241
post #187

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 would say the American attitude is more like "don't ask, don't tell."

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

#242
Hi Peter - thanks for doing this.

Have 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

#243

Preamble: 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…

I worked for a large Silicon Valley company as a foreign national (Canadian) and I flew down at least once a quarter. When I said I was going for “unpaid business”, I was questioned enough that it led me to ask my employer to get me the proper visa so I could legally work because it felt like I could get denied entry on the whim of the immigration agent. It felt uncertain and was kind of stressful.

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

#244
I am a Canadian on an L1B visa. I'm in the middle of an employment-based green card process, currently waiting for a PERM application to be approved (filed Fall 2023).

I'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

#245

Preamble: 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.

No, US immigration are notorious for exactly the opposite. See my other comment in this thread.

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

#246
post #238

Earlier 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.

I saw that case. But the TSA agents are like ok otherwise we send you home. I'm happy to make a case but I think it's unlikely to be worth the stress and money

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

#247
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.

thats a totally fair argument. "I want to be here so I run into people at a restaurant or sports event"... but thats generally the angle. typically its some bs like I want to be in person to work with other people or something

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

#248
I'm a European SWE working for a US company and I could request a transfer to the US (L visa?). The latest waves of layoff made me realize that my job wasn't particular safe, especially in the US. My question is: how long would I need to work in the US (lower/upper bound) in order to get a green card (or perhaps some visa with better guarantees than the transfer one).

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

#249

It'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…

Do a postnuptial agreement with conditions exactly like if you divorced today to stop worrying about legal consequences of not divorcing now.

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

#250
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.)

> 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…

> More interesting work this is genuinely an interesting take. wait but why?

>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.

Post reply on HN