When is the best time to incorporate and do a binding equity split for a new venture? I have a co founder and we've begun to talk about a 50 50 equity split as an S corporation. Before work is done, is it best to have a real entity formed?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
131–140 of 384 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#132> the extraordinary ability and national interest waiver routes--are often very good options, and often overlooked because of a misunderstanding about the standards. Can you please clarify that, especially about the extraordinary ability criteria / standards? Is there a yard stick that one can measure themselves against, to get a realistic assessment of what their chances are? E.g may be an example persona of someone…
It's impossible to draw a line in the sand for those who haven't won major awards or received major recognitions. It's really fact-specific. That being said, if one has a degree and several years of experience doing good work, it's always worth looking at. There's oftentimes more to an individual's background from an immigration perspective than he or she realizes.
And I'm guessing the answer to my last question is no?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#133Earlier quoted context omitted.
This is awesome info.
Definitely, yes, that can happen but there's little consistency and weak applications also are often denied (but people tend to talk more about their successes than their failures so there's often little "press" about these failures).
Yes that is what the immigration attorneys do, turn a seemingly weak application into a stronger one with massive amounts of supporting documents with various expert opinions and legalese.
From my point of view the goal is to essentially beat the immigration officials over the head with information until they just pull out their stamp and move on to then next application.
Not to say it is a loophole (though the folks I know that did go through it sure have the smug attitude that they beat the system), I think the Evidentiary Criteria is purposefully broad to leave it open for interpretation.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#134Earlier quoted context omitted.
Something lower and different really. For those who have not won major awards, it's really a mix of media coverage, publications, awards, good work, etc. To put it in perspective, we've obtained green cards for those without degrees and under the age of 25 but who've created really cool companies. It's very fact-specific and in the end it's a feeling that someone is very bright and doing interesting work.
I have a startup abroad, and have appeared in media all over the country. We've raised several rounds, and may be building an investment fund. What else can I do to increase my chances of getting an O-1 having a business background.
It sounds strong already. The best thing is really just to continue to build a strong company - the company's interests are really aligned with your immigration goals. many founders get O1s and green cards solely on the basis of the company that they founded.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#135Hi Peter!
Can small startup after are one year of operations immigrate to US (via L1)? What is required from a company to do so?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#136Hi Peter, I am a L1B Visa holder, at present. My company is preparing to apply for my GreenCard. I being on L1B visa, would I be eligible to change my employer, once I get I-140 Status?
The two are unrelated. An approved I-140 while in L-1B status doesn't help with job changes and the new employer would need to start the green card process from scratch.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#137Earlier quoted context omitted.
Similar question here!
No, you are not stuck at all. As long as your intent - and the intent of your employer - at the time that your green card application was filed was to work for the company in the sponsored position, you can leave at any time after getting your green card.
Wow this is such a great news to hear! Thank you so much!
Just one more thing, then does this mean all the "it will be problematic when you apply for citizenship unless you stay for 6 months" just an internet myth?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#138Hi Peter, As a Canadian with a bachelor of arts degree (I.e. non-CS degree), what kind of industry experience (if any) would be necessary to qualify for a TN-1 or H-1B? Thanks!
It really depends largely on the kind of work you would be doing in the US and exact nature of your degree because you need to come within a NAFTA occupation.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#139Earlier quoted context omitted.
It's impossible to draw a line in the sand for those who haven't won major awards or received major recognitions. It's really fact-specific. That being said, if one has a degree and several years of experience doing good work, it's always worth looking at. There's oftentimes more to an individual's background from an immigration perspective than he or she realizes.
And I'm guessing the answer to my last question is no?
Sorry about that, I'm not sure about the protocols of this but I'd definitely be happy to speak with you and then see where that leads.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#140Earlier quoted context omitted.
Not Robert (and I defer to anything he has to say) but I teach a class that uses the LCA [H-1B] visa application database as a test dataset. If you banned all H-1Bs today, you would effectively be losing approximately half a million talented workers. Now, some would like to argue that this would "free up" half a million jobs for U.S. citizens, but keep in mind that the H-1B is for skilled labor that an employer could…
I have never seen an H1B job posting that was truly for "skilled labor that an employer couldn't find a citizen for." However I _have_ seen H1B postings so specific that one might wonder if the only missing information was the first and last name of the "chosen one" along with his birthdate, his second son's middle name and a traced outline of the birthmark on the back of his left shoulder. In all instances the candi…
>I have never seen an H1B job posting that was truly for "skilled labor that an employer couldn't find a citizen for."
What exactly do you mean by these "H1B job postings"?
Job postings do not advertise visa sponsorship. A large portion of the H1B applicants were already working their job for some months before applying, under the OPT program. Also, a quarter of all H1B visas are only given to applicants with verified advanced education degrees (Masters, PhD, etc.).