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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

#201

Post by YZF »

Plasmoid wrote: post #191
xp84 wrote: post #168

Earlier quoted context omitted.

Hi, I just spent 2 months interviewing and hiring candidates for 4 open (remote) eng positions at a US startup. Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer and make a mental note to never trust you. I don't think you should do that. We actually hired some Canadian talent -- we just used an EOR in Canada. The EOR cost us about $600…

> Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer This might actually violate EEOC. You would discriminating on the basis on nationality. The question that was asked was "Are you legally authorized to work in the US?" and Canadian have a limited legal right to work in the US under NAFTA.

They're not allowed to work unless they have TN status. I agree with the OP that replying YES is dishonest.

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

#203

Post by WaxProlix »

Appreciate the AMA. I'm curious about options for transitioning employees from the temporary (and now at-risk) Uniting for Ukraine parole status to something more stable and long term.

Is H1B lottery just going to be a Ukrainian's best bet? A lot of the advice and documentation seems contradictory, as 'parole' seems in some ways to be more a lack of status than a status itself. Leave the country and apply for some other type of more permanent work visa?

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

#204

Post by belorn »

miotintherain wrote: post #21

Hi Peter, thanks for doing this AMA. I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give you…

For any electronic device it is advisable to take a complete backup of the unit, store an encrypted version somewhere online, and then restore the device to factory reset. Do not log in to any account that you wouldn't feel perfectly fine giving up in an inspection.

They can already hijack any phone number, so the only vulnerability you are giving up by crossing the border is the files, call log/sms, and accounts you bring with you.

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

#205

Post by YZF »

xp84 wrote: post #168
joshdavham wrote: post #125

I'm a Canadian software developer who'd like to join an American startup so naturally I've been applying to a bunch of jobs. More specifically, I'm looking to go with TN visa. In most job applications, I need to answer the two following questions 1) Are you legally authorized to work in the US? and 2) Will you now or in the future require sponsorship? I'm looking for advice on how I should be answering these question…

Hi, I just spent 2 months interviewing and hiring candidates for 4 open (remote) eng positions at a US startup. Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer and make a mental note to never trust you. I don't think you should do that. We actually hired some Canadian talent -- we just used an EOR in Canada. The EOR cost us about $600…

TN is not a visa and all you need to get this status is a job offer. There's really no work of any specialized nature but some companies do get legal advice to help streamline the process and get better outcomes like reducing the probability that the person would be denied.

(EDIT: it is sometimes referred to a visa and sometimes as a status but at any rate as someone who had TN status with two different US startups there was very little process around it)

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

#206

Post by qwezxcrty »

For a foreigner living outside of the US but interested in immigrating to the US in the longer term. Is it possible file the I-140, and while the application is being processed (or waiting for the priority date) apply for another nonimmigrant visa (B, F or J) for short term visit? Is it likely the application will be denied because of the "immigration intent" after filing the I-140?

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

#208

Post by oldpersonintx »

Plasmoid wrote: post #191
xp84 wrote: post #168

Earlier quoted context omitted.

Hi, I just spent 2 months interviewing and hiring candidates for 4 open (remote) eng positions at a US startup. Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer and make a mental note to never trust you. I don't think you should do that. We actually hired some Canadian talent -- we just used an EOR in Canada. The EOR cost us about $600…

> Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer This might actually violate EEOC. You would discriminating on the basis on nationality. The question that was asked was "Are you legally authorized to work in the US?" and Canadian have a limited legal right to work in the US under NAFTA.

[dead]

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

#209

Post by proberts »

MinimalAction wrote: post #117

Hi Peter - why are international students on F-1 visa (not on OPT) being strongly recommended to not travel outside the US now? Is there a possible denial at the port of entry when returning? I for one am a F-1 student looking to travel to an academic conference abroad, but being advised to reconsider and stay back in the US by my DSO. I'm in the middle of my program, and my I-20 and visa are valid for another 3 year…

The concern is that USCIS is cancelling students F-1 status without the student being made aware of this because of some issue (prior arrests or convictions, political statements, etc.) but before you travel internationally, as an F-1 student, you will need to get a new I-20 endorsed for travel and when the school goes through the process of issuing a new I-20, it should see whether there is an issue and if there is no issue, you should be fine to travel.

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

#210

Post by YZF »

the_mitsuhiko wrote: post #104
klipt wrote: post #61

Earlier quoted context omitted.

Historically the US has not had much "exit control". For example leaving the Schengen area it's obligatory to go through "exit immigration" and get your passport stamped. Leaving the US, you show your passport to the airline, but usually there is no formal immigration check at all.

That’s because the airline updates your I-94 for you. If they don’t you risk overstaying. There is a website you can use to validate that they did everything correctly.

This does not apply to Canadian citizens.
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