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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

#51

Post by proberts »

eapotapov wrote: post #46

Many Russian citizens who have moved out of Russia are currently being denied B1/B2 visas, regardless of their prior history or any proof of ties to their current country of residence. The rejection rate is around 60%, and I am among those affected under 214(b), despite having held five B1/B2 visas before, with no visa overstays or other issues. I don't plan to move to the US, but my startup operates in the US market…

What you write is incorrect. Even worse, arguably, is that applications by Russian citizens sometimes just end up in a black hole and never get reviewed. Unfortunately, while applying for an O-1 visa can be a solution, this isn't always the case and O-1 visa applications also can end up in a black hole. In other words, there are no easy solutions for Russian citizens unless they are seeking to travel to the U.S. on government business or possibly seeking to travel to the U.S. to create jobs. But the background security check/security concerns can undermine just about any application unless the Executive branch/State Department is involved and is specifically supporting the visa application.

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

#53

Post by proberts »

TZubiri wrote: post #45

Remote workers are clearly a gray area in immigration law. On the one hand if the worker lives abroad and imports products and related support services to the US, that's clearly not a migrant worker. On the other hand, if a remote worker is a virtual receptionist for a US business, or if the worker controls machinery remotely that operates in the states, they clearly compete with local labour, and bring cybersecurity…

Individuals working outside the U.S., even as employees of U.S. companies, are outside the reach of U.S. immigration law. Now, that doesn't mean that they are outside the reach of all laws, such as those controlling exports or combatting (cyber)terrorism. But immigration law has no say.

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

#54

Post by proberts »

gangstead wrote: post #49

One idea to replace the H1-B lottery that I've seen on HN is to sort the applications by salary and let in the top XX highest paid. Do you have any thoughts on that? Is this one of those "why don't they just..." type of ideas that people with first hand knowledge know is majorly flawed?

I just don't see how the value - from a benefit to the U.S. economy perspective - is tied to salary so that doesn't make sense to me as a line to draw. If the H-1B program were to be limited in any way (which is not something I necessarily agree with), one option is to list occupations that are in short supply each year and to prioritize those. Many countries do this.

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

#55

Post by proberts »

gr4vityWall wrote: post #41

I'm a non-American Software Engineer, living outside the US. Me and my girlfriend (who's an American citizen) are seriously considering marrying and moving together next year. Any advice or anything you recommend reading? Also, how long it typically would take until I was able to legally have a job in the US, once I move? I have a tourist visa and traveled to the States countless times. If I go there with the intent…

This is complicated so it's important to speak with an immigration attorney before you take any steps. The better option is to apply from within the U.S. but doing this while in the U.S. as a tourist is problematic. The other path, through a U.S. Consulate abroad, raises no legal concerns but can take a very long time (compared to a U.S. based application).

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

#56

Post by proberts »

proberts wrote: post #55
gr4vityWall wrote: post #41

I'm a non-American Software Engineer, living outside the US. Me and my girlfriend (who's an American citizen) are seriously considering marrying and moving together next year. Any advice or anything you recommend reading? Also, how long it typically would take until I was able to legally have a job in the US, once I move? I have a tourist visa and traveled to the States countless times. If I go there with the intent…

This is complicated so it's important to speak with an immigration attorney before you take any steps. The better option is to apply from within the U.S. but doing this while in the U.S. as a tourist is problematic. The other path, through a U.S. Consulate abroad, raises no legal concerns but can take a very long time (compared to a U.S. based application).

A work around would be to get some type of work visa (a challenge itself) and then once in the U.S. on this visa, apply for a green card based on marriage.

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

#57

Post by KK7NIL »

gr4vityWall wrote: post #41

I'm a non-American Software Engineer, living outside the US. Me and my girlfriend (who's an American citizen) are seriously considering marrying and moving together next year. Any advice or anything you recommend reading? Also, how long it typically would take until I was able to legally have a job in the US, once I move? I have a tourist visa and traveled to the States countless times. If I go there with the intent…

> I go there with the intent of getting married, do I need a special visa or not, considering I can already enter legally?

Yes, you absolutely need a visa (specifically the K1). Entering the US with the intent to get married without it is immigration fraud!

I've been through this process myself and I can tell you that it's quite the lengthy process and there's financial requirements and many checks along the way. For me it was about 18 months from start of K1 application to issuance (delayed due to COVID) and then about 6 month wait on employment authorization (and greencard about 6 months later).

These times could be much longer if you're not from a western country or mess up the paperwork along the way (easy to do, there's quite a lot of stuff both partners need to file).

Just letting you know so you can start the process early. There's several forums online for people going through such a process with a lot of resources, I'd suggest looking there for other's experiences.

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

#58

Post by TZubiri »

proberts wrote: post #53
TZubiri wrote: post #45

Remote workers are clearly a gray area in immigration law. On the one hand if the worker lives abroad and imports products and related support services to the US, that's clearly not a migrant worker. On the other hand, if a remote worker is a virtual receptionist for a US business, or if the worker controls machinery remotely that operates in the states, they clearly compete with local labour, and bring cybersecurity…

Individuals working outside the U.S., even as employees of U.S. companies, are outside the reach of U.S. immigration law. Now, that doesn't mean that they are outside the reach of all laws, such as those controlling exports or combatting (cyber)terrorism. But immigration law has no say.

Interesting, but couldn't immigration laws have jurisdiction over the US company that employs the outside employees? Especially in the ways that they interact with US Soil and US citizens.

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

#59

Post by proberts »

randoglando wrote: post #52

Any hope for Indian immigrants on H1-B to get a green card? There are over 1 million immigrants affected by this.

It's just an unmitigated disaster. The only non-laughable path is via the EB1 (or marriage to a U.S. citizen or permanent resident). Many Indians who are working for U.S. companies in managerial positions will agree to work abroad for their employer for at least one year and this opens up the EB1C path.
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