I won the DV lottery do you know of any companies that are willing to hire remotely and then help with relocation to the USA?
I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
211–220 of 486 posts
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#212Earlier quoted context omitted.
Im a Canadian and go to the US for work fairly regularly. Something I didn’t realize is that the laws are different in preclearance areas. https://laws-lois.justice.gc.ca/eng/acts/P-19.32/FullText.ht... For example, you are allowed to withdraw your application to enter the US and leave the preclearance area. Additionally you are bound by different laws for search and siezure. At this point I am only going to the US t…
That’s only the Canada -> US leg, though. They can still grab your phone on the US -> Canada return trip, ne pas?
Where?
Driving across the border from the US back to Canada you don't talk to US border agents.
Flying from the US back to Canada you don't talk to US border agents.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#213Earlier quoted context omitted.
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.
What are those issues?
A company sponsoring an employee for a green card must show that it has the ability to pay the offered wage and this is more complicated when the company just has funding and no revenues or limited revenues. Also if the sponsored employee owns more than 5% of the company, USCIS could question whether recruitment process was done in good faith.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#214Earlier quoted context omitted.
O1 is an inferior visa, so they are right that you should be trying for H1B before going for an O1. I'm assuming that you are on OPT or some other visa category. There is likely no advantage to getting an O1 in your current situation.
> likely no advantage Freedom to travel. Can't realistically renew F1.
Yeah, if your F1 expires before your OPT, it makes sense to try for an O1. It's a minor expense for the company. Escalate it through your management chain.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#215Are marriage-based green card applications still being processed at some pace when the petitioner's spouse is also a green card holder? I hear these days this category is ultra slow with no option to expedite.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#216Hi Peter, thanks for doing these AMA's. There has been so much in the news recently, both on immigration, birthright citizenship, potential suspension of habeas corpus, lack of due process, the effective setup of stateless regions (El Salvador), and other aspects that all boil down to a question that seems to be on a number of people's minds and centered on a single question. While this is more of a generic question,…
These are trying times and I think the proof will be in the pudding, whether courts at the appellate level, including the Supreme Court, push back against totalitarianism and uphold the law. That's an open question. And then of course, the executive branch has to abide by the decisions of the courts, which also is an open question.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#217When it comes to Canadians working in the US on a TN, are we allowed to accept promotions (title, comp or both) without going through reapproval of our visa? Are there any nuances here like caps on how high a salary increase could be before needing a reassessment? Maybe increases in equity don’t count? Also if the reassessment is denied does your original visa still remain valid or are you risking it all for the prom…
IANAL but I had TN status. AFAIK there is no issue as long as your profession didn't change.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#218Earlier quoted context omitted.
Your comment is about coming for work or study, yet you linked to a story of someone who clearly abused/misused a tourist visa and got caught. It was an egregious enough offense that the Canadian immigration officials wouldn't even let her enter Canada under the same pretense, which is what eventually led to her arrest.
She literally came to coach surf and house sit. The woman is effectively a British nanny who did chores for friends. She doesn't look like a threat to anyone. Maybe your afraid of British nannies baking pies and changing litter boxes, I'm not. Anyway, the proper solution at most is a life time ban and the first flight home.Not indefinite detention. To be burnt, this is a white woman who natively speaks English. If sh…
The German person you link to was attempting to enter the US to work as a tattoo artist which is not allowed under tourist visa programs. I actually think the law should be more flexible and this kind of casual work should be allowed. However the law as it currently stands doesn't allow it and they were "correctly" denied entry.
The reason this person wasn't put on a "quick flight home" is because they (along with the British person) were detained at a land port of entry so there's no option to send them straight back.
In general, I think two things are simultaneously true. One is that Trump is cracking down on immigration. The second is that the media are suddenly reporting on a lot of cases -- like the German and British women -- that aren't actually new but were happening under Biden. It's just now the media has an angle and narrative such that these cases are deemed report worthy.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#219Is there any way for immigrants to avoid the 27 vaccines mandated by the CDC?
There are medical, religious, and other types of waivers.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#220I'm looking to sponsor a family member (brother) to immigrate to the USA, have been told sibling sponsorship takes too long.
What is the minimum credible investment one is likly to need in order to apply for an E2 investment visa? What are the most common types of investments the USA government will find credible for approval?