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

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301–310 of 425 posts

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

#301
Hi Peter,

From a legal standpoint, would you say it’s easy for someone to provide remote work services directly to a US startup? How would you go about it- set up an LLC in Delaware or provide the service via the country of origin and send international invoices?

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

#302

I have some questions regarding changing of status from F2 to E3 (AUS). Assuming I hold an F2 visa with which I have entered the US, what are the mechanics to transition a E3 visa? Does form I-129 need to be filed since I am within the US, or can I just leave the US, get the E3 in a different country and re-enter the US using the newly-issued E3 without having to deal with I-129? Any advise on any general problems or…

Answering based on my own experience transferring to an E3 from E3D. You can apply for E3 from within US, but you will not be able to travel outside the US because you won’t get a visa stamp. You will also likely want to pay for premium processing if going through USCIS. Alternatively, you can apply at a consulate outside the US, which gives you a stamp. https://americajosh.com is a good resource for E3s.

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

#303
post #48

US citizen here. I have a special situation which I think will be only of interest to me... My wife (a green card holder) and I have moved abroad and her travel document is expiring soon (in July). We have no returned to the US in the past 3 years, and were not planning to visit only for the purpose of resetting the counter.. We are planning to actually fly into the US for a vacation right after the expiry date... wh…

If she is no longer residing in the US, the legal thing is to enter as a visitor. There are two problems with this, first they will require her to sign a form giving up the green card status, and two, they may be suspicious that she actually intends to be a visitor since she is married to a US citizen. They are definitely not going to let you extend the permit after it expired especially since you don't really meet t…

She may find herself in the position I was in after 20 years we left the US, I stopped using my green card for entering the US because I was no longer a resident, but didn't realise I was required to physically hand it in when I was done with it (it was 20 years later) - got stopped at the border and got a good talking to. So make sure you hand it in when you're done with it

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

#304

From the UK. Put simply: if a (large) US company wants to employ me, will they take care of the visa alongside a job offer? Or is there some preparation that I should do myself before I even start trying to get an offer?

You’d need to apply for a role at the company and then it would be situational and perhaps not immediate. There’s no easy option that I’m aware about and just getting a US offer and having a US employer to help with immigration does not guarantee much — You might be eligible for an O-1 if you possess graduate qualifications, publications or meet other options. “Person of Extraordinary Ability” essentially. You might…

I already have an L-1 at the company I work at, but that doesn't allow me to work elsewhere. Does make anything easier?

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

#305

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…

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

#306
post #170

Dear Peter, really appreciate your AMAs. I'm from Europe and recently lost my ESTA due to the TSA searching my phone and making me admit I smoked a joint in California (not legal on a state level). I'm over 50% owner of a C-Corp in Wyoming with a 200k investment and I have another full employment job that would sponsor me. What visa should I approach? H1B lottery didn't work for the second time.

They can search your phone? Do they need cause?

My phone has been also searched.

The kindly asked me to hand over my unlocked phone after they asked me to show that I have booked accommodation which I did on a phone. They asked who are these people on emails, then handed the phone back.

They only quickly browsed through my emails though.

My recommendation is that everyone prints on the evidence of the purpose of their trips beforehand: booked hotels and a list of conference they plan to attend (plans may change, however).

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

#307

Rather than going through hoops in the US. I got a Mexico Temp Resident visa with no fiscal obligations to Mexico. Turns out I can get US clients, paying US rates and even equity. Figure out my own insurance and pension, but still way better as I have no tax obligations (not being American). Any downsides? BTW México is safe and better food and weather.

> México is safe

Did you mean “nothing’s happened to me so far”?

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

#308
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.)

You can work everywhere. You won’t be paid as much everywhere, though.

Even if your motives aren’t simply greed, bigger salaries mean higher barriers to entry, and working together with people that pass higher barriers to entry will move your career faster.

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

#309
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.

French people have the us attitude. Germans are geniuses at rule breaking without breaking the law xD

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

#310

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…

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

Sorry, but this can't be right. Companies fly in people on B2 visas all the time to do onboarding, work on specific projects for a short period, and participate in offsites.

I've done this 10+ times in my career, for big and small companies, and it was never an issue even when explicitly saying these things with border patrol/immigration.

What gets you in trouble at the border is the risk of permanently staying, and the risk of drugs&money.

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