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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

#101

Post by proberts »

ricardou wrote: post #92
proberts wrote: post #90

Earlier quoted context omitted.

It is but it will depend on a number of factors including what status you were in when you entered the U.S., when you applied for asylum, and where you are in the asylum process.

I actually entered the US as an F1 student. My parents then came here and applied for asylum. Since I was underaged, I was included in their asylum application. we've been waiting for six years now. In essence, just waiting, and renewing EADs every two years as expected. Thank you for the sharing knowledge!

Without knowing all the facts, it sounds like you could go the employer-sponsored green card route.

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

#102

Post by proberts »

e63f67dd-065b wrote: post #37

Do you just try to get founders on work visas, or do you go for green cards as well? I know EB2-NIW is a popular path for folks in academia, do you have comments on how easy/difficult each path is?

We do both as most immigration attorneys do and for those in academia, the NIW green card path is often within easy reach.

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

#103

Post by madhurjain »

1. I’ve seen a lot of people who immigrated on H1B, were working with an employer and eventually started their own company. I am assuming they were already working on it on the side. What’s the best way to go about this without breaking any law? 2. Can you start a company on the name of a family member who’s a green card holder and voluntarily work for this company?

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

#104

Post by proberts »

slowmotarget wrote: post #25

As a French founder, am I authorized to do a business trip in the US (meet local customers, pitch product features, invite prospects at a restaurant) with a simple ESTA?

Yes but you need to be careful because the line between business development/marketing and work - at least as perceived by CBP officers - can get blurred. I am assuming that the only company here is your company in France, and not in the U.S.

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

#105

Post by proberts »

madhurjain wrote: post #103

1. I’ve seen a lot of people who immigrated on H1B, were working with an employer and eventually started their own company. I am assuming they were already working on it on the side. What’s the best way to go about this without breaking any law? 2. Can you start a company on the name of a family member who’s a green card holder and voluntarily work for this company?

1.) Yor activities need to be limited and you can't be compensated in any way but unfortunately this requires a conversation with an immigration attorney to understand clearly what can and can't be done so that no lines are crossed and there are no negative long-term repercussions. 2.) No for several reasons, some legal and some advisory.

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

#107

Post by proberts »

graderjs wrote: post #27

Can a non-US-citizen solo founder with a US startup sponsor themselves to do work in the US? As an Australian citizen could the company I founded fill the LCA form for an E-3?

Without going into the specifics, there are many Australian founders in the U.S. on the E-3 visa but this is problematic/challenging for solo founders.

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

#110

Post by [deleted] »

proberts wrote: post #105
madhurjain wrote: post #103

1. I’ve seen a lot of people who immigrated on H1B, were working with an employer and eventually started their own company. I am assuming they were already working on it on the side. What’s the best way to go about this without breaking any law? 2. Can you start a company on the name of a family member who’s a green card holder and voluntarily work for this company?

1.) Yor activities need to be limited and you can't be compensated in any way but unfortunately this requires a conversation with an immigration attorney to understand clearly what can and can't be done so that no lines are crossed and there are no negative long-term repercussions. 2.) No for several reasons, some legal and some advisory.

[deleted]
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