I think you missed to mention your area of expertise in AMA description
I know. That's embarrassing. I've never done that before. Thanks for pointing out!
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
#22I don't have a question, but wanted to let you know that your site, www.robertsimmigration.com has a self-signed certificate and therefore others cannot create a secure connection to it. > openssl s_client -connect www.robertsimmigration.com:443 2>/dev/null > --- > SSL handshake has read 1859 bytes and written 427 bytes > Verification error: self-signed certificate > --- Cheers
Thanks! I need to shut down that website. I merged my firm with another.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#23What's the general schema of getting someone a work visa in the US? My understand is big tech usually tries to see if you're eligible for an O-1, and then they take their chances for H1-B, and then there's also a pathway for bringing in workers that have already worked from you from abroad (for one year). Wondering if there's other types of Visa that are applicable, and where they slot in in the general algorithm of…
If the individual is employed by a related entity abroad, then large companies would transfer him or her to the U.S. using the blanket L visa, a super fast and easy process. If the individual is not employed by a related entity abroad, then other options must be considered. First, there are easy options if the individual is a citizen of one of five countries with its own visa; these are Australia, Canada, Chile, Mexico, and Singapore. These countries have free trade agreements with the U.S. that give rise to these visas. If the individual is not a citizen of one of these countries but is employed in H-1B status by another company (or previously was employed in H-1B status), then an H-1B change of employer application is usually the best option and an easy one. If the individual is not employed in H-1B status (and never has been), then we look at the O-1. Sometimes the E-1 or E-2 visa is an option but this has very specific and limited requirements regarding the nationality of the company and the individual and regarding the company's trade with U.S. and investment into the U.S. company. It's a great option when it works. The EB1A is a green card path and is a high standard that takes a while.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#24Sorry, there's a dropped phrase in my title. It should read "I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA." Thanks.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#25Sorry, there's a dropped phrase in my title. It should read "I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA." Thanks.
That is going to be confusing, good luck ;)
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#26Is there a possible track for H1B holders (solo/team) to be able to start one? What I have usually been briefed is that you need a US citizen as a majority stake holder. Thanks.
It's challenging but not impossible. A key is having less than 50% ownership interest in the company and an employment agreement with the company. It's close to impossible where the ownership is vested and at or above 50%. Again, not impossible but extremely challenging. The other owners also can be foreign nationals; they don't need to be U.S. citizens. So, where there are three foreign national founders, each owning a third, this should be fine.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#27How are you thinking about the potential effects of a second Trump administration on immigration and how it might affect tech companies?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#28Do you have any recommendations on how long one should wait before starting a startup after receiving permanent residence (EB2) in the US? I've heard rumors that quitting the job that was used to justify the permanent residence too soon can jeopardize either the green card or future naturalization applications. Is this true?
That's really not true. There was some slight truth to this (but really just slight) years ago before the AC21 legislation, which allows those in the green card process to change employers without having to restart their green card process. Again, to be clear, lawyers used to say there were issues leaving soon after getting a green card, but that really was never true and with AC21, there's really no risk. All this being said, it's still good to have a consultation about this to rest easy.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#29Sorry, there's a dropped phrase in my title. It should read "I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA." Thanks.
Fixed now!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#30I'm a Canadian looking for remote work in America. Is there any downside risk to the employer if I work a W2 remote job from Canada? As long as I pay taxes, is there any risk to the employee?