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

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101–110 of 527 posts

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

#101
As a Canadian Citizen with a extra serving of Melanin, what are the chances of my getting detained by ICE when visiting my family in USA for a week ?

https://globalnews.ca/news/11080371/canadian-woman-detained-...

Edit : fix typo Also added context.

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

#102
Hi Peter, suppose a Canadian founder got denied at the border for a B-2 visa and was asked to bring proof that they are not participating in the US labour market (ie. hiring in the US which they are not doing, they are just visiting their S/O). What kind of documents would constitute this proof?

Thank you for doing these AMAs, it's really appreciated and very helpful.

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

#103
post #12

Can a TN classification denial result in immigration detention? If so, how can I mitigate that risk? For context, a Canadian woman recently tried to enter into the USA from Mexico and get TN-1 status. Instead of refusing her entry, officials detained her and she's been stuck for 10 days waiting for deportation. https://www.theglobeandmail.com/canada/article-canadian-woma... It's unclear to me how big of a risk this a…

That's extraordinarily unusual and in my experience has only happened when CBP believes that the applicant was lying or has a criminal record so I wouldn't base the decision on where/how to apply on this very low risk. Depending on the TN application, there are better and worse ways to apply for a TN and from an outcome standpoint, sometimes it's better to apply with CBP at the border or with CBP at a U.S. airport by…

You don't think border processes are becoming uncertain now and relying less on precedence?

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

#105
Hi Peter,

What are the legal ways US graduates in F1-OPT and F1 STEM OPT start their startup in the form of LLC. I found conflicting information that F1 OPT holder can own/start a LLC but cannot actively work or mange it.

How do I even launch my startup if I legally cannot be the owner of it?

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

#107

Earlier quoted context omitted.

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[flagged]

I'm reading this link and don't see that in the post. Is this the correct link?

I do see in there a reference to Kymani James, so I did a search for him. I see that he posted incendiary comments online which he later recanted and were taken out of context when reported on. But, I don't see how your post indicates a connection to Mahmoud Khalil, and even if there was a connection, why this warrants detention and deportation?

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

#108

Both Musk and Vivek initially supported H1B, and saw massive backlash in the conservative communities. So much so that Vivek left (was removed?) from DOGE and went to run for Gov now with a largely sour taste in MAGA people’s opinions. Pointing to me that H1B is advantageous for employers but deeply unpopular with the majority of voters this last election. Do you see the Administration taking on H1B changes in a big…

It's so hard to say but looking at what they tried to do last go-round might provide some insight and this included dramatically changing the prevailing wage requirements (didn't happen) and tightening the adjudication of H-1B petitions (happened). But the U.S. economy relies on foreign workers in general and H-1B workers in particular so I think in the end, there will just be some tinkering around the edges.

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

#110

Hi Peter, What are the legal ways US graduates in F1-OPT and F1 STEM OPT start their startup in the form of LLC. I found conflicting information that F1 OPT holder can own/start a LLC but cannot actively work or mange it. How do I even launch my startup if I legally cannot be the owner of it?

I always tell F-1 students that if they look at the guidance from 10 different schools, they will get 10 different answers on whether and how a student on OPT and STEM OPT can start their own/can work for their own business. But the law is clear, it's 100% fine while in OPT status and 100% fine in STEM OPT status under certain circumstances. My only advice is that before talking to your international student office, talk to an immigration attorney so that you don't misstep.
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