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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

#111
Hi Peter, I’m an employee at big tech in an L1 VISA in the US. I’d like to know what happens if I get laid-off. Will I have a chance of finding another job. How much time will I have before leaving the country?

I’ve heard I can get a green card via significant US investment. How much does that requires? Can I stay in the US while the process is ongoing?

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

#112
post #95

Serious question... If it's true people are crossing our borders, claiming asylum, and being let go with work permits, why should anyone do wait to do it the legal way and wait or get denied? What is the advantage to doing it the normal way?

not getting ICE knocking on your door and deporting you after living here for decades (happened to a friend's brother in law).

Yeah, I guess I was thinking of a more temporary working situation.

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

#113
post #73

Can an Iranian citizen register a Delaware corporation and operate in the US?

From abroad? From an immigration perspective, there are no issues but other export controls/commerce laws might come into play.

Iranian citizen already in the US with a valid H1-B visa. I have seen articles mentioning that Iranian citizens are not allowed to open a corporation in the US. Is this true? And is it possible to change status of H1-B to O-1 after registering the business. Thanks.

https://www.delawareinc.com/before-forming-your-company/dela...

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

#114
Hello Peter and thanks for the AMA!

I was accepted into a postdoc program and have an H1-B that was approved by the USCIS with no issues, but it was put in administrative processing by the embassy.

It's been in administrative processing for almost a year with zero follow up communication, and the council of my employer doesn't know or is unwilling how to get an update on this process. Is there anything that can be done to move it along?

P.S. : I’m an EU Citizen

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

#115

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.

> one option is to list occupations that are in short supply each year and to prioritize those

That's a lot of what prioritizing slots by pay does: pay is higher for jobs with low supply relative to demand.

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

#116

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 g…

My B1/B2 visa application has been in administrative processing (221g) for over 8 months. I assume the security checks are in place. Russian citizen, multiple US visits in 15 years. Last time it took 2 months to issue visa. If I seek to travel to the U.S. to create jobs (I own a US company), what visa option should I pursue to maximize my chances of getting approved?

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

#117
Historically, startups have hired foreign "employees" as contractors to simplify paperwork.

How are "false freelancer" laws, e.g. in Spain, affecting the market? Do you generally advise American early-stage startups startups to hire foreigners as contractors, or to immediately use a PEO?

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

#118
post #68

What are considered best practices for a German/EU citizen to start a startup in the US? What would be the process to found a company and to move to the US to work for your own company be like? Or would it be better to found it Germany and move it to the US at a later point (after PMF for example)?

[deleted]

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

#119

Is 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 ownin…

Thanks - this helps.

> employment agreement with the company

I believe this means that once the entity is founded and funding secured, all participants will need to transfer their H1B to this new entity in order to work for it, right?

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

#120
post #67

Once I get the O1 visa, what paths are available to aim for a green card? If the company with which I applied for O1 goes bankrupt what happens to my visa status?

To be clear, green card paths are not helped or hurt or impacted in any way by the underlying status so your green card options are the same whether you're in O-1 status or not. That being said, because of the nature of the O-1, many of those in O-1 status go the EB1A extraordinary ability path or the EB2 national interest waiver path. An O-1, except in limited circumstances, is tied to a specific employer so if your…

That's not easy. Many employers aren't aware of this type of visa.
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