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

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

#441

Post by proberts » Sat, May 17, 2025, 2:23 PM UTC

silverslate7 wrote: post #49

Thanks, Peter! What's the most viable visa for European to-be founders looking to move to the US (without affiliation to any institution / accelerator)? I've been considering (a) going on a M-1 or F-1 master's student visa while working remotely my non-US company or (b) applying for an E1 Treaty Investor Visa. Are there other routes I haven't considered, and are there any unclear watch-outs around these two routes?

For European founders, the O-1, E-2, and E-1 are the most common options, each with its own requirements. What you propose while on an M-1 or F-1 visa really isn't appropriate.

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

#442

Post by proberts » Sat, May 17, 2025, 2:26 PM UTC

michdesch wrote: post #350

I used to go to a as a simple tourist on the basis that we were trying to raise capital for a telecom start up. Delaware C, SVB bank account. They just asked questions and let me in for 6 months. Anything changed?

That is still an acceptable basis for admission as a business visitor but you need to be prepared to provide detail about your meetings and provide documentation regarding your intended activities, ability to support yourself while here, and ties to your home country.

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

#443

Post by proberts » Sat, May 17, 2025, 2:30 PM UTC

thisisauser123 wrote: post #303

I'm a US Citizen who married a citizen of New Zealand, we met while she was a international student studying CS at the school I was studying at. Since graduating, we moved back to New Zealand. Over a year ago we filed a for I-130 to move towards her getting a Green Card and being able to live with me in the US. Right now the USCIS website estimates that it will be another 20 months until our form is processed. This s…

Not much more, unfortunately. You could file a mandamus action which might help but also might just be a waste of $5k to $10k. Another option is for her to get some type of work visa and then for you to sponsor her when she's here on that work visa.

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

#444

Post by proberts » Sat, May 17, 2025, 2:31 PM UTC

silverslate7 wrote: post #52

Do you have any guidelines for the amount of $ expected for the investment required for people applying for the E1 Treaty Investor Visa?

That's the E-2 (the E-1 is the treaty trader visa and not based in investment) and most consulates require an investment of at least $100k regardless of the actual cost to get the company up and running.

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

#445

Post by kedihacker » Sat, May 17, 2025, 2:33 PM UTC

If I forge birth documents, will I get caught?

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

#446

Post by proberts » Sat, May 17, 2025, 2:34 PM UTC

_blk wrote: post #385

Hi Peter, Thanks for all that great insight. I'm currently a Swiss national on E2 with my own biz but looking at partnering with an American (the form could be a partnership or S-corp but it's not set in stone.. Recommendations welcome. State of CO or potentially Wyoming). All the work I do for them currently is consulting under my biz (SMLLC) as investment but apart from my biz paying for some PCB manufacturers ther…

There is an argument that it is harder to renew an E-2 visa when there are no employees and limited revenues than to get a new E-2 visa when there are no employees and limited revenues because a new E-2 is forward looking/potential. But I'd have to dig in deeper to the facts to make a firmer assessment. Regarding majority control, that's not correct; it's enough if your ownership is just 50%.

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

#447

Post by proberts » Sat, May 17, 2025, 2:39 PM UTC

dbg31415 wrote: post #345

With widespread layoffs in the tech industry, it’s worth asking what role is immigration really playing in meeting labor market needs? Are there truly skill shortages in the U.S.? Many argue that programs like H-1B are less about addressing talent gaps and more about cutting labor costs. What’s your take? In its current form, does the program actually protect the interests of the domestic workforce? Is it filling a l…

I'm sure that there is abuse but from my limited perspective, I see employers using the H-1B program because they can't find qualified U.S. workers or because a foreign national is the best candidate. In essence, your question is whether the H-1B program protects the wages of U.S. workers and my feeling is that in practice, it neither protects nor undermines these wages.

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

#448

Post by proberts » Sat, May 17, 2025, 2:41 PM UTC

Izikiel43 wrote: post #339

Any ideas how Eb3 final action date will move in the future? I noticed that for 2023 onwards more than 80k perms were approved.

It's really impossible to predict; whenever I've tried, I've been wrong. This is in part because the movement is based largely on demand, which changes all the time and is unpredictable.

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

#449

Post by proberts » Sat, May 17, 2025, 2:42 PM UTC

burnt-resistor wrote: post #344

Hallo Peter! Thanks for putting yourself out here. You gotta look up another immigration attorney in the Valley, Rajat Kuver. He's a super cool guy and has for years done work on complex commercial and family immigration cases. Good luck to all your endeavors and happy weekend.

Thanks for the referral!

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

#450

Post by proberts » Sat, May 17, 2025, 2:43 PM UTC

narenkeshav wrote: post #188

proberts wrote: post #110

Earlier quoted context omitted.

I'm not sure I understand what you are asking. Do you mean the average per startup or the total number? All I can say is that startups usually can sponsor H-1Bs without issue.

Thank you for responding, Peter. Total number.

There's no limit legally; the only limiting factor is when an employer becomes an "H-1B dependent employer" and then the hiring of H-1B workers becomes much more onerous.