I am currently a dutch citizen. I'm also a founder of a startup that has raised around 2.5 million USD. The company is delaware based. What is the best option i have? Is E2 an option?
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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
#92How common is it for pre-Series A startups to sponsor H1Bs? What's the process like for EB2 on the PERM route, and how difficult is it to be successful in that process?
No issues whatsoever with respect to H-1B sponsorship but potential issues with respect to green card applications, particularly PERM-based applications because of the ability pay requirement and because of issues related to ownership/equity held by the employee.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#93As someone who is a US Citizen, what is something about the immigration process that I probably do not know about, but causes a lot of issues/could be improved.
The standard for employment-based permanent residency (green card) is extraordinarily high. As in, would likely place you in the top 1-5% of the most successful people in the country. That, or you have to invest $800k and create 10 jobs. No other country in the world requires foreigners to be significantly more qualified than its own population. You can move to France with a regular paying job no problem or just a fe…
Maybe for instant green card you have to be extraordinary, but for regular employment-based immigration you don’t have to be.
The path is H1-B -> Green Card -> US citizen (I have done it), and to get H1-B your potential employer gotta post that $60-80k/year job and show that there were no qualifying US applicants for it.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#94I am currently a dutch citizen. I'm also a founder of a startup that has raised around 2.5 million USD. The company is delaware based. What is the best option i have? Is E2 an option?
An E-2 would require some investment ($100k+) but Dutch citizens or Dutch-owned VCs but if this investment exists, then an E-2 could be a very good option. The other option would be the O-1 and as a founder of company that has had a good round of seed funding, you might qualify.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#95Hi Peter - I'm on H1-B and not eligible for EB-1/2 or O-1. I filed for EB-5 through an RC and just got my EAD and I want to use that to start a startup in the US. If the underlying EB-5 petition is rejected after the startup is established, do you know if there is a path to re-sponsoring my H1-B through my own startup? I'm trying to understand whether I should wait for a proper green card before going down the startup route.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#96Earlier quoted context omitted.
While it’s not typical to be sent to CECOT in El Salvador, you don’t need to be “guilty” by the government’s position. They assert the right to send people down there based on allegations that have not been tested in any court.
If you come here legally and don't commit a crime, they won't send you down there. If you come here legally and commit a crime, you'll get sent back to your country of origin. People being sent down there came here illegally.
This is false, both in terms of some of the people who have been sent there as well as the administration's direct stance on the matter.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#97Were there any changes in requirements for O visa recently? Did they remove the job offer requirement?
What was quoted below is really just codifying what existed in practice, that is, founders/owners of companies getting sponsored by their own companies. To answer your question, a job offer/employment is still a requirement and I haven't seen any major changes yet in the adjudication of O-1 petitions.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#98Is there any way for immigrants to avoid the 27 vaccines mandated by the CDC?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#99Hi
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#100Hey Peter,
Currently living in the US, I applied for a green card via marriage (partner is GC holder) in March 2023. I received my AP and EAD over a year ago, but there has been zero movement on the I-485..
What are the options here?
Given the current political climate, I'm not comfortable leaving the US until I have the I-485. Is this fear warranted? Would really like to travel overseas, but don't want to end up getting detained on re-entry..
I understand the above is specific to my case, but perhaps you can answer in a general sense for anyone else who finds themselves in a similar position..