Earlier quoted context omitted.
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.
Is this workaround applicable even if the work visa is of non-immigrant intent, like the H1B1?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
131–140 of 406 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#132L1A or O1?
(Coming from South Africa, running SaaS company with holding co in DE)
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#133One question I have is regarding skilled immigration from India and China specifically. Currently, people have to wait decades through no fault of their own. Big Tech companies, Chamber of Commerce, and many Republicans also support this.
However, a Democratic Senator, Dick Durbin has disingenuously blocked meaningful progress and reforms over and over and over again. He blocked the Fairness for High-Skilled Immigrants Act of 2019 which had passed House with 365 votes and was sponsored by current Vice President Kamala Harris. He added on a poison pill that would not have gotten support knowing fully well that the Fairness for High-Skilled Immigrants Act would have passed.
Similarly, Rep. Zoe Lofgren wrote to Speaker Pelosi expressing great dismay that her legislation (different bill, 2 years ago) which would have provided reforms was pulled from the floor and that it was important to force a vote.
It is certainly known that Republicans have blocked immigration reform (Grassley on CHIPs, etc) but Democrats have had multiple opportunities to remove the per-country visa cap and repeatedly refuse to do so in varying dishonest manners.
Why is Democratic leadership so against skilled immigrants coming from India and China? The closest we have come so far was under a Republican administration. Many populist Republicans support these reforms so it is perplexing to me that a party so committed to removing barriers that enforce systemic discrimination continue to let things play out as they are.
https://rollcall.com/2022/12/15/democrat-pushes-to-reverse-d...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#134One 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.
I would also argue that prioritizing the highest paid jobs makes displacement of US workers less likely. It would raise the bar for everyone.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#135Serious 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?
*Except for Indians.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#136Me and my cofounder are non-US residents and live in Germany. If we get into YC, what would a typical / recommended way to proceed be? We haven’t established a company in Germany yet, we want to be strategic and make what’s best to succeed. From what I know we can do the batch with our current tourist visa, so I’d like to know more about the post batch options. Being US based or Germany based is an option for us. Tha…
https://www.youtube.com/watch?v=shWe5dNqUrc
Also, attend a few free AMCHAM webinars to get the details on foreign ownership rules.
Depending on how large your project becomes, some people may just use a brokerage service to localize the Merchant on Record (MoR) like withreach.com for online retailers. However, only US domestic corporations can mitigate liability on sold goods/services etc. Keep aware of the IRS grace thresholds on sales, as even if you owe $0 in federal and state taxes... it can still become a $8k fine for forgetting to file a return in the US.
Best of luck, =3
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#137Earlier quoted context omitted.
> 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…
> Yes, you absolutely need a visa (specifically the K1). Entering the US with the intent to get married without it is immigration fraud! While this is theoretically true, the reality is that thousands (tens of thousands?) of people do it every year successfully. And it's hardly surprising, especially under a pro-immigrant administration like Biden's. I doubt strictly enforcing previous non-immigrant intent in family-…
You are correct, but if you do it on a tourist visa, you can expect to wait well over a year for employment authorization, which is very difficult on a relationship.
Not to mention you always risk getting rejected (particularly if you posted your intention online) and then being essentially banned from entering the US.
For two grown adults with careers, it makes no sense to risk it, just take one of many legal routes (K-1, work visa, getting married outside of the US and then applying for a greencard, etc).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#138Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#139Earlier quoted context omitted.
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.
Also there are a lot of parties involved in gaming the complex system whose services wouldn't be needed if the solution was that simple. I think Upton Sinclair's quote applies here. https://www.goodreads.com/quotes/21810-it-is-difficult-to-ge...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#140Earlier quoted context omitted.
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.
I think a lot of the response are presupposing that the commenters are in the tech industry. If a company is already setup to deal with visas it's probably not a big deal, assuming the economy is still going well and companies are hiring. In another field where companies don't or barely deal with visas at all, it's probably really difficult.