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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

#381

Post by proberts »

blast42 wrote: post #237

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…

Also good response below. The visa options are the H-1B (out of your control) and, depending on your qualifications and country of nationality (that is, country of birth), the E-1, E-2, or O-1, or a green card (some paths allow self-filing/sponsorship).

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

#382

Post by proberts »

_iafj wrote: post #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 b…

1. The TN for founders is problematic and risky. The better (but not necessarily easier to get) are the E-1, E-2, and O-1 visa classification and the IEP (but the IEP program isn't really working). 2. Legally, there's no requirement to stay any minimum amount of time. 3. Even if the termination happens before the I-485 has been pending for 6 months, there are ways to keep it alive (but this question requires a call because it's a bit complicated/nuanced).

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

#383

Post by proberts »

kajic wrote: post #300

I have a green card and will be applying for naturalization towards the end of the year. Would you recommend hiring a lawyer to help me with my application, or just do it myself? I’m planning to do it myself but would reconsider if that typically helps (significantly) speed up the process and/or avoid any common issues that people encounter when doing it without legal assistance.

Unless you have an issue - that is, extended absences outside the U.S. while a permanent resident or a criminal record - there's really no reason to hire a lawyer; the process is straightforward and easy (and in most geographic areas fast).

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

#384

Post by proberts »

parmigiano wrote: post #192

Hi Peter, Thanks for taking time for questions. I’m currently on an L1B visa at my current employer. Is there any path for me starting my own startup? As I’ve understood it you can’t have any side income etc on the L1 visa and it’s hard/impossible to swap employers?

That's right; you are limited to working for your L-1 employer and the L-1 isn't transferable to an unrelated entity. The startup visas are the E-1, E-2, O-1, and IEP (or the NIW or EB1A green card but they can take a while).

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

#385

Post by proberts »

fugazithehaxoar wrote: post #257

How does a US company go about performing a criminal background check on an employee from Canada? From what I gather, you have to be a Canadian citizen to run a background check on another Canadian citizen.

That's outside my area but I believe it is possible.

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

#386

Post by proberts »

dre3mer wrote: post #219

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…

The faster and better path to an E-3 is simply to leave and apply for an E-3 visa at a U.S. Consulate and likely, the Consulate will cancel your F-2 visa when it issues your E-3 visas (although sometimes Consulates leave dependent visas alone).

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

#387

Post by proberts »

keepamovin wrote: post #275

Probably hard to answer but in general what are the tradeoffs between sponsoring non-US-citizen employees to come to the US, versus not and instead simply use a 'global remote' model, that for example the YC company Deel (or even Stripe) enables? Is it more cost effective to continue doing global remote or are there benefits to bringing employees to the US?

A good question but not really an immigration one and not one that I can answer.

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

#388

Post by proberts »

Temporary_31337 wrote: post #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?

I can't comment on the mechanics but from an immigration standpoint, remote employment for a U.S. company is fine (whether as an employee or contractor) and doesn't require work authorization.

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

#389

Post by proberts »

yodsanklai wrote: post #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).

U.S. immigration law is unusual in that time in the U.S. doesn't confer any benefits from an immigration perspective; the green card paths depend on qualifications and achievements and have nothing to do with time in the U.S.

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

#390

Post by proberts »

cyberax wrote: post #256
agucova wrote: post #223

Which pathways exist for a Chilean citizen who didn't complete their bachelor's degree on CS, but nonetheless wants to take a US job for a 501(c)(3) in a technical capacity? I worked several years as a software engineer, but this role is not as an engineer, but rather as a charity founder (existing 501(c)(3)'s could sponsor me, some CAP-exempt). I imagine H-1B and the special H-1B1 aren't really options here.

> Which pathways exist for a Chilean citizen who didn't complete their bachelor's degree on CS, but nonetheless wants to take a US job for a 501(c)(3) in a technical capacity? You basically need 3 years of combined post-secondary educational experience to qualify for H1b. And job experience counts towards it, with 3 years of job being equivalent to 1 year at university. So if you have, say, 2 years in a university an…

The combined education and experience needs to be the equivalent of a 4-year U.S. bachelor's degree and 3 years of professional experience count as 1 year of bachelor's degree education so 2 years of university education would require 6 years of professional experience.
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