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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

#261

Post by Havoc »

XCabbage wrote: post #191
proberts wrote: post #142

Earlier quoted context omitted.

That still would cross the line even if that wasn't your plan when you entered.

Interesting. I know for certain from experience that some ESTA visitors and their employers assume the law does NOT work like this, and that as long as you're visiting for a legit "business" purpose you are not required to suspend your ordinary work activities while in the US. Good to have confirmation that this is wrong and that you DO have to suspend your ordinary work duties for the duration of the visit.

> you DO have to suspend your ordinary work duties for the duration of the visit.

Good luck convincing the average corporate boss of this plan

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

#262

Post by namibj »

Swizec wrote: post #187
skybrian wrote: post #184

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.

Yeah, however, the problem with breaking laws around immigration in a place you like is that you won't have to do much to become ineligible for the convenient visa options. As in, get caught by immigration working on a tourist visa, get no tourist visa approved for the next 10~20 years. If you get a visa at all, that is, though I understand merely violating conditions, not breaking normal laws or overstaying has no good reason to get you banned from entry itself.

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

#264

Post by cgh »

microtherion wrote: post #252
cgh wrote: post #245

Earlier quoted context omitted.

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

That's scrutiny at the border. But in 17 years of regular business visits, I've yet to see La Migra barge into my cubicle to make sure I was not programming while there.

Haha, fair enough.

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

#265

Post by YZF »

XCabbage wrote: post #138

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 am not a lawyer but I'm pretty certain you are supposed to refrain from any "work" activity. So yes, you have broken the law.

I can also tell you nobody abides by this interpretation and it's virtually impossible to enforce. But your entry will be denied if you tell the immigration officer that you're going to be doing "work" that is not permissible under the specifics of the visa you're entering with. There are some other situations that are covered by a normal business visa and are work-like.

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

#266

Post by YZF »

Thomashuet wrote: post #175
proberts wrote: post #142

Earlier quoted context omitted.

That still would cross the line even if that wasn't your plan when you entered.

Could you expand on this? Where is the line? What's work and what's business?

It's literally anything that doesn't fit the narrow description in the business visa. A random example is if you own a house in the US, and you do any maintenance work on your own house, that is work.

From the US web site

participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

    Consulting with business associates
    Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
    Settling an estate
    Negotiating a contract
    Participating in short-term training
    Transiting through the United States: certain persons may transit the United States with a B-1 visa
    Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa

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

#267

Post by YZF »

cgh wrote: post #243
XCabbage wrote: post #138

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’…

Same here, also got a TN because the questioning becomes very uncomfortable as both sides of the conversation usually are not stupid. Some friends in a similar situation were turned around at the border which can also lead to getting barred from ever entering the US again.

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

#268

Post by bubblethink »

jacksoncloud wrote: post #75
jacksoncloud wrote: post #73

Earlier quoted context omitted.

Thank you for your response! Which type of greencard should be used by the startup LLC?

What options are available for a F1 visa holder to get greencard through his/her own startup?

The same as everything else. Green cards and visas are largely independent and one does not depend on the other.

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

#269

Post by bubblethink »

yandie wrote: post #101
shallichange wrote: post #78

Why does the EAD/AP card exist? Let’s say one is on an L1 visa waiting for the GC. Why does the US even bother to issue the EAD?

If your L1 runs out before the GC is approved, you are allowed to stay in the US. Without the EAD, you will NOT be able to work until the GC is approved. Why is it not automatic? I assume USCIS doesn't want people to just get work authorization by filing frivolous i485 applications

Well, it can be issued to any filed 485 provided the i140 is also approved. By the numbers, that's the majority of people. But that's also not what they do. It's just an employment scheme for the government. Makes money and provides jobs.

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

#270

Post by bubblethink »

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?

Yes, it is legal as the pipelines are different. H1 doesn't have the sort of requirements that you are thinking of. Maybe you are thinking of PERM.
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