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

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141–150 of 527 posts

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

#141
How do you protect people visiting or participating in YC from ICE? There have been two dozen stories of random tourists being disappeared for no good reason from all over the US.

Given that the policy is in the very early stages of implementation we can expect those numbers to reach the hundreds, thousands and tens of thousands in the next few months.

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

#142

If a transgender software engineer who is a US citizen applies for asylum in a non-US country, are they at risk of losing their US assets (e.g. a home) or having their US accounts frozen?

I can only respond about the potential U.S. immigration impact but there is nothing in the law at present that would allow the U.S. Government to take away your citizenship. It's unbelievably upsetting and shocking, to me at least, that a U.S. citizen would ever have to seek asylum in another country but that's the world we're living in now so it's a fair question.

[deleted]

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

#143
Hi Peter, Thanks for doing the AMA. I have a general question/request, but I understand if you think it is not a relevant topic for this AMA.

A lot of people tend to equate foreign workers on work visas with "cheap labor", especially in the so called "white collar" jobs; even though there are things like labor market tests and/or minimum salary requirements which have to be satisfied for many employment based visas. Can you please dispel/corroborate this based on your experience with employment based visas?

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

#144
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…

With all respect, everything happening in the US at the moment is "extraordinarily unusual" today.

Tomorrow it will be the "new normal".

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

#145
post #74

Earlier quoted context omitted.

That distinction doesn't even matter. Someone can stand on Main St and shout "I love Hamas" all day and the government can (well, in theory) do nothing. This freedom applies to everyone on American soil regardless of their immigration status. The fact that people are being targeted and prosecuted by this adminstration is a complete breakdown of free speech and first amendment protections, supported by a republican co…

This is easy to say when it's someone you like, not so much when it's someone you don't. Do you also think a foreigner should be allowed to openly advocate for Nazism while on a green card, without consequence?

There is actually a law that prohibits advocacy of nazis while on a green card.

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

#147
post #10

We are a group of 3 founders. One with J1 Visa, one with H1B and me (outside the US). We would like to incorporate in Delaware and I know this is no problem for me, but we are trying to figure out how the other two founders can legally work on the company when established. Any advice? Thanks Peters.

They would need work visas and (assuming that they don't qualify for a country-specific visa) the potential options are the H-1B and O-1 (and possibly the E-2 depending on their countries of citizenship and other factors). Because this analysis is so fact-specific, you will need to have a consultation with an attorney to explore the options.

Thanks! We'll consult one.

Quick follow-up: In principle, would it be possible for them to keep their current job while working on the startup, or would they need to leave it entirely?

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

#148
post #67

Possibly too broad of a question but any insight you can provide on the definition of "work" in the context of being a digital nomad in the U.S. would be helpful. For example, if I am a European citizen who works for a European company and enters the U.S. on a B-2 for a 2 week vacation, is it reasonable to interpret the prohibition on "work" as meaning I am not allowed to participate in the U.S. labor market but does…

The last paragraph is correct and well said; as long as the trip is "brief" (that is, you haven't effectively moved to the U.S.) and your work-related activities for your European company are incidental to the primary purpose (that is, your primary purpose is not to somehow work for your European company), then you should be fine. Where digital nomads run into problems is when they're spending a lot of time in the U.S. and effectively have moved to the U.S. as a visitor.

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

#150

Earlier quoted context omitted.

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…

With all respect, everything happening in the US at the moment is "extraordinarily unusual" today. Tomorrow it will be the "new normal".

According to this article, Canada rejected her entry as well. Maybe it's not just the US, but this person actually had a real issue with her visa and her travel plans were not prepared well.

https://www.bbc.com/news/articles/c80y3yx1jdyo

"...when she reached the border [Canada], Mr Burke said the Canadian authorities denied her entry as they were concerned she may try to work illegally."

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