If you seek evidence like judging others' work or association membership for your O1/EB1, contact me at halloumee(at)proton(dot)me.
I also can refer you to BCS or IEEE.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
371–380 of 406 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#372Earlier quoted context omitted.
Why don’t you look at Google, Meta, etc? 1. A simple search would have shown the India is not at the bottom of the Olympics table. 2. Even if it is, what is the evidence it is due to genetics rather than culture?
Per capita they are at the bottom. To imply, as you have, that genetics doesn't influence sports skill to a great degree is preposterous. I used that country as an example because it is the major source of workers for tech wage suppression in the states. There is no evidence of any danger that the same negative pressure on athletics will occur. Rushing to accuse me of racism because you disagree is offensive.
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#373Earlier quoted context omitted.
Per capita they are at the bottom. To imply, as you have, that genetics doesn't influence sports skill to a great degree is preposterous. I used that country as an example because it is the major source of workers for tech wage suppression in the states. There is no evidence of any danger that the same negative pressure on athletics will occur. Rushing to accuse me of racism because you disagree is offensive.
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#374Hello, What options are available for an EU national who wants to start a U.S.-based company and relocate there but doesn’t have the capital required for an E-2 visa? Let’s assume they start a U.S. company while staying in the EU, and the company is generating significant revenue. From what I understand, the E-2 visa requires the investment to come from the entrepreneur’s personal funds. While they could pay out divi…
The E-2 requires that the money be from a company or individual of the same nationality as the E-2 applicant; it also can come from the E-2 applicant himself or herself. Revenue generated by the U.S. company doesn't count unless the revenue then were given in the form of profits or dividends to the E-2 applicant and reinvested into the U.S. company. The other option is the E-1 treaty trader visa, which doesn't require any minimum investment but instead requires the existence of substantial trade between the U.S. and the E-2 applicant's country of nationality so this is usually an option for more mature companies. So, the O-1 is probably the better option because it's possible to get an O-1 as a founder (of your own company) and there's no minimum investment or business activity requirement.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#375Earlier quoted context omitted.
Yes, for example I married my partner who was on an F1 visa, which is a non-immigrant visa, and we were able to easily adjust his status to the GC (this is faster than the K1 process)
That’s useful to know. One difference for my situation is I’d like the H1B1 holder to be able to continue working during the application, but I have heard mixed information on how feasible that is. The H1B1 needs to be renewed quite frequently but may not be renewable while you have an adjustment pending.
There are potential issues with being in H-1B1 status and applying for a green card but they revolve more around timing - so, for example, if you entered the U.S. on an H-1B1 visa (as opposed to H-1B), which is not a dual-intent visa, then you would need to wait some unspecified period of time before applying for a green card to avoid being "charged" with immigration fraud at the time of your entry in H-1B1 status. Also, after filing your green card application, while you could continue working on your H-1B1 visa, you wouldn't be able to travel internationally on it and you wouldn't be able to travel in general for an extended period of time unless you had a family emergency abroad.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#376Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#377Hi Peter, thank you for doing this. I'm a YC Founder, Ex-FAANG who applied for an O1 visa but got a "kitchen sink" RFE (i.e disputing all of my claimed* O1 qualifications). Is withdrawing and re-applying my O1 petition a good idea? Are there any known downsides to doing this? Thanks again! Disputed qualifications include: 1. YC funding is not an "internationally recognized award" 2. YC membership is not "an associati…
Not a laywer. Withdrawing and reapplying after changing the app, or responding to the RFE are both valid options. The only thing that is not useful is appealing a rejection. The appeals rarely work and are a waste of money and time. There was also an executive order about O1 which was supposed to lead to rulemaking that would make O1 and EB1 easier for AI ( https://www.whitehouse.gov/briefing-room/presidential-action…
Agreed. The motion/appeals process takes a long time so it's just not a realistic option for most people. Whether to withdraw and reapply or respond to the RFE will depend on your qualifications (apart from your acceptance into and participation in YC); we've taken both approaches when we've received a kitchen-sink RFE and obtained approvals doing both. The recent guidance focuses on the EB1A but an be applied to the O-1 and has expanded arguments that we can make.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#378Thank you so much Peter. I'm eligible for naturalization after 5 years on a greencard. However, amidst the craziness of startup life I missed attending a court hearing for an improper left turn... for quite some time, 1.5 years now and counting. I'm just now sorting it out; the financial/license points penalties are not huge as it was a civil case. However I do at the moment have a suspended license and may even have…
It's super unlikely that this would impact your chances of getting naturalized (that is, I doubt any officer would conclude that you lack good moral character because of this). But you shouldn't apply until it's all sorted out.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#379As green card holder, I crossed border in Detroit, MI over to Canadian side, just to do a 1 hour tour for fun, but coming back, the custom wasn't as quick, they asked me a bunch of questions like why I crossed the border an hour ago, who Detroit as I currently live in New Jersey, it seemed that there was some discrepancies (I could be wrong) that two officers had to look at the computer to finally let me go as the bu…
That's just a tough land-crossing, generally to be avoided if possible, and probably says nothing about your particular situation.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#380Hi! Thanks for doing this. How long do you think I should keep my visa-related documents? I used to have an L-1 visa with a bunch of lengthy petitions, but now I have a green card and the visa has expired.
Any obligation to retain those documents is your employer's and now that you have a green card, there's really no practical reason to keep them; if and when you apply for naturalization, you will provide about your employment and residence since becoming a green card holder.