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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

#91

Post by proberts »

kubb wrote: post #52
DiggyJohnson wrote: post #17

Earlier quoted context omitted.

What industry, size of company, and role(s) are you targeting?

I’m a senior SWE in big tech. Targeting big to mid tech and financial companies or startups. I’m weighing my options in case of layoffs and whatnot.

Schedule a consultation with me or another immigration attorney to go over your options (because a detailed analysis is required) but likely your only real option will be the O-1 and as senior SWE at big tech, you should be able to qualify for an O-1 or take steps to qualify for an O-1.

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

#93

Post by proberts »

willmadden wrote: post #90
proberts wrote: post #51

Earlier quoted context omitted.

It's in the Constitution (14th Amendment) I would say extremely unlikely.

I wouldn't. The wording of the 14th Amendment is ambiguous and was arguably misinterpreted by the courts. "All persons born or naturalized in the United States, AND (capitalized for emphasis) subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." If they can get the SCOTUS to reconsider United States v. Wong Kim Ark from 1898 it could go either way - the court is…

I still think it's extremely unlikely. In other immigration contexts, "subject to the jurisdiction thereof" has been interpreted to exclude only diplomats and those not subject to the laws of the U.S. even though they are in the U.S. So children born in the U.S. to diplomats aren't considered citizens at birth.

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

#95

Post by pockmarked19 »

willmadden wrote: post #90
proberts wrote: post #51

Earlier quoted context omitted.

It's in the Constitution (14th Amendment) I would say extremely unlikely.

I wouldn't. The wording of the 14th Amendment is ambiguous and was arguably misinterpreted by the courts. "All persons born or naturalized in the United States, AND (capitalized for emphasis) subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." If they can get the SCOTUS to reconsider United States v. Wong Kim Ark from 1898 it could go either way - the court is…

Are you saying aliens are not subject to US jurisdiction while here? Like "sovereign citizens"? That's what it seems like you're saying.

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

#96

Post by lterrac »

Hello, I am a computer science research engineer with 2 years of experience in a non-U.S. big tech company research center in Europe. Before that, I worked as a research fellow at the university after I got my master degree. During that time I published 4 papers, and I was a reviewer for a CS journal (even though I actually reviewed only 1 paper). I actually have 60-70 citations of my works (if it might be relevant in any way). What are my chances to get an O-1 visa? Thanks in advance for your time

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

#97

Post by adrianpluis »

Any tips or suggestions for a DACA recipient with a year left in Uni for Computer Science, here in the states? I am nervous about my career post-school and am wondering if you could shed some insight as to what my options might be. Thank you for your time.

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

#98

Post by trevorhinesley »

antithesis-nl wrote: post #49

Yeah, so, any chance you could do a monthly-or-so post that explains, in legal terms (of course!) why referring to an entire, diverse bunch of people as "H1Bs" (which, as you know, is just a visa class and pretty much, as you also know, the only path to legally entering the US as an immigrant without family ties or, well, the future-Head-Guy-or-one-of-his-cronies fancying you) is, like, a crime against humanity? Beca…

It sounds like that term (“H1Bs”) is simply shorthand for foreign citizens that are potential candidates for U.S. work via an H1B visa. Why is that bothersome?

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

#99

Post by proberts »

tvcx wrote: post #45

I’m a citizen of an EU country that meets the Visa Waiver criteria. I’m working for a startup based in the USA. I’m one of the earliest employees, hence a great asset to the company. I’m considering emigrating sometime in the future but I’m unsure what needs to happen to enable it. Is a company-sponsored visa the only option? How inclined are startup founders to sponsor work visas? I’m convinced this is not attainabl…

In my experience, because of the competition for talent, startups often are more open to employing foreign nationals than many large, established companies. The terms EB-1, EB-2, etc. refer to green card categories and the green card process takes a while so that's probably not the initial path toward working in the U.S. The likely visa options will be the L-1 (as a transferee) or an O-1 and oftentimes founding engineers or early stage employees qualify for the O-1 or can take steps to qualify. Both the L-1 and O-1 require company sponsorship.

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

#100

Post by proberts »

cabronerp wrote: post #43

Hi Peter, thanks for doing this! We have a co-founder who is from the UK. We are a Delaware company. Is there an easy way for 1/ paying him and 2/ taking SEIS investment from UK investors? Sorry if I'm misunderstanding what an immigration attorney knows about

No worries. These aren't really immigration companies but I know from experience that founders/employees living abroad can get paid directly by U.S. companies (this is a payroll issue, not an immigration one) or through third-party entities, oftentimes referred to as Employers of Records (or EORs), like Deel or Remote.
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