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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

#381

Post by proberts »

an0n123456 wrote: post #108

Hello, being a founder (recently got H1B)of an early stage startup is there any consequences of not paying yourself the prevailing wage, especially since you also own the company so won't report it to anyone.

Possibly. It could impact your ability to get a green card and could be viewed as fraud if there was no real intent to get paid the wage indicated on the H-1B petition. These issues typically rear their heads during the green card application process and the visa application process.

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

#382

Post by proberts »

Bukhmanizer wrote: post #289

I am applying for PERM through my employer, and have gone through PWD process and yesterday I submitted my PERM application under EB3. I also recently married a US citizen about a month ago. They estimate that it will take about 1 year to review my PERM application, so my question is would it be better to get a green card through marriage? I'm currently on H1B coming from Canada.

There's no question that it will be faster to apply for a green card (via an I-485 application with USCIS) based on marriage.

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

#383

Post by proberts »

ksoped wrote: post #330

Hi Peter, what are my options as someone who qualifies for DACA (but doesn't have it) when it comes to working in tech or getting hired by a real company? Currently I do "false freelance" work for a small company that doesn't pay well.

I'm not sure I understand the question. You can get DACA work authorization without a job offer and then one you have it, you don't need sponsorship by a company to work.

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

#384

Post by proberts »

jnsaff2 wrote: post #287

Is it true that there has been an uptick in unreasonable and poorly written RFE's? We got one that has a ton of inconsistencies and sometimes contradicts itself and moreover completely redefines some of the requirements. What would be the best strategy to counter these?

It's really impossible to say because it's all anecdotal but the options - particularly if the petition was filed with premium processing - are to point out the errors, inconsistencies, etc. in an email to a premium processing supervisor and ask that the RFE be reissued (or the petition approved) or simply to respond to the RFE and in the RFE point out the errors, inconsistencies, etc. and note how this makes it difficult/impossible to respond to the RFE and that if USCIS is inclined to deny the petition, it should issue a better, clearer second RFE first.

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

#385

Post by proberts »

throwa291 wrote: post #288

I'm a founder in the EU and would like to incorporate in the US. I've recently found out about the International Entrepreneur Rule, is that a viable option if I raise $350k from US investors? What are the possible challenges and how much time does processing take?

On paper, it's a great option; the issue has been that it's been taking USCIS a very, very long period of time to respond and it requires the qualified U.S. investors to provide detailed and intrusive information and documents about their investments, which many investors don't want to provide. USCIS is aware of the first issue and is actively trying to review applications much faster but the jury is still out.

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

#386

Post by proberts »

diptera911 wrote: post #168

If I fill out a W-7 as a non-American to get an ITIN - Is that then enough to open a credit card with say Navy Federal prior to even getting an address in the USA? I'd like to have all my ducks in a row prior to even arriving if possible. Grandfather fought in Vietnam.

I believe so but that's not really an immigration question but a banking question. I would recommend calling a couple of banks.

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

#387

Post by proberts »

avamsi wrote: post #285

Hi Peter, do I currently need to be employed by a company for them to sponsor my L-1 (provided I worked for them outside the US for "one continuous year within the three years immediately preceding")?

You don't currently need to be employed by the company abroad; you just need to have been employed with the company for one year out of the past three, as you note.

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

#388

Post by proberts »

christina97 wrote: post #152

I’m an Australian PhD student graduating into the US job market. I’m considering an EB-2 NIW. How does that work with the E-3 visa? What’s a good resource or law firm with experience in this kind of arrangement to refer to?

We represent a lot of Australians and it's definitely possible to manage applying for a green card while in E-3 status and even renewing the E-3 visa during the green card process.

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

#389

Post by proberts »

maskerinze wrote: post #227

If a Russian citizen seeks to travel to the U.S. these days to create jobs / invest in his own company, what visa type should one pursue to maximize chances of getting approved?

It's really tough for Russians to get visas to the U.S. now regardless of the visa. There's no investor visa for Russians so the O-1 is probably the best option but as I noted in another thread, visa applications by Russians typically get denied or end up in a black hole.
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