Thanks so much Peter - how do non-US people typically work in SF during YC?
I am a US citizen but have a few non-US citizen friends who might join if accepted.
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
#22I have a question for a friend who is looking to work at US-based companies either remotely and is open to relocating and moving there if required, but she is from the UK and a citizen there who just left her job as a software engineer at a startup in the UK recently. She is looking to be able to legally work for some of these US based companies and is also interested in US startups but when applying she cannot answe…
U.S. work authorization isn't required to work for a U.S. company if the worker will be working remotely outside the U.S. Regarding her work visa options, they are limited. The only option immediately available is the O-1 visa, which is for people of "extraordinary ability," a high standard but attainable by many talented professionals. The H-1B "professional worker" visa is much easier to qualify for but it's only a…
The O-1 can cost upwards of $100K to put together. It’s a very high bar.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#23[dead]
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#24What is the likelihood today that Trump and his allies in Congress may improve the ability for H1B holders to obtain green cards? This was repeatedly raised during his campaign and his first weeks in office and it sounded like this was going to be a thing....
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#25Hi there, I'm working in the UK on a work visa. I previously applied for a US position at Fermilab and NASA ADS. Although, I didn't get the position I was told the H-1B visa process for these positions was much simpler (not through lottery) as they fall under a special category. Can you advise other what other sectors offer these privileges? Also, if I get the H-1B through this process, am I allowed to switch to a di…
Those organizations are "H-1B cap-exempt" organizations that are not subject to the annual H-1B lottery. Cap-exempt organizations include non-profit institutes of higher education, organizations affiliated with these institutes (like hospitals), non-profits primarily engaged in research, and government research organizations, like Fermilab and NASA. If you get a cap-exempt H-1B, you could transfer to another cap-exempt organization but you would not be able to transfer to a cap-subject private for-profit entity although you could get approved for part-time concurrent employment with such an entity.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#26Hello Mr. Roberts,
Thank you for doing this, as you know we've probably have seen some crazy news articles and segments of ICE agents arresting people all over the U.S. with some for good and some for wrong reasons. What is your advice or best practice for someone who is "wrongfully" approached by ICE agents but has legal status to be in the U.S.? (whether work visa or green card)
I've read that someone should carry their green card with them or if they have some sort of REAL ID mark on their drivers license it may help.
Thank you again for doing this!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#27What is the likelihood today that Trump and his allies in Congress may improve the ability for H1B holders to obtain green cards? This was repeatedly raised during his campaign and his first weeks in office and it sounded like this was going to be a thing....
I haven't heard anything about this since he's taken office and I suspect that if something like this is done that it will be limited to those in certain fields and industries.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#28Are non-US citizens banned from working on <2nm GAA technologies? What are the ITAR limits on non-US citizens from working on these tech? Can we incorporate in another country to allow hiring on non-US citizens to work on <2nm GAA technologies?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#29Earlier quoted context omitted.
U.S. work authorization isn't required to work for a U.S. company if the worker will be working remotely outside the U.S. Regarding her work visa options, they are limited. The only option immediately available is the O-1 visa, which is for people of "extraordinary ability," a high standard but attainable by many talented professionals. The H-1B "professional worker" visa is much easier to qualify for but it's only a…
The O-1 can cost upwards of $100K to put together. It’s a very high bar.
That is not remotely true. An O-1, EB2NIW, or EB1A ranges from $5K-$15K.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#30Hello Mr. Roberts, Thank you for doing this, as you know we've probably have seen some crazy news articles and segments of ICE agents arresting people all over the U.S. with some for good and some for wrong reasons. What is your advice or best practice for someone who is "wrongfully" approached by ICE agents but has legal status to be in the U.S.? (whether work visa or green card) I've read that someone should carry…
The best defense so to speak is to carry evidence of your status whether that's a green card or foreign passport and I-94 admission record, to have the number of a local immigration attorney whom you can call if you need to, and to be aware of one's rights. The ACLU has a good discussion of these rights: https://www.aclu.org/know-your-rights/immigrants-rights.