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

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141–150 of 294 posts

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

#141

Has YC rejected applicant because of possible visa issues due to country of origin because of travel bans? Should those still apply for YC?

These questions should be addressed to YC. All I can say is that I have seen founders from just about every country around the world accepted into YC.

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

#142

Immigration is actually directly related to how CEOs and VCs intend to change the landscape for all things government related, and democracy as a whole. There is very much a subjective intent to tear down the rule of law, the rights that safeguard Americans as a whole, starting with immigration. IT's an entry point, a target to whittle away basic rights of the average American. Peter Thiel touches on this need for a…

My girlfriend is an immigrant from the UK. I support immigration but only if it respects the rights of US citizens. Frankly I'm stunned this post hasn't been flagged by one of HN's moderators yet. Truly sad to see YC clearly play favorites with non-citizens claiming what can be found within the U.S. isn't good enough.

YC does try to bury this topic, but it needs to be discussed. Developer and engineers need to be aware of the intent some of these corporations have in mind for their temporary employment. I say temporary as they intend to automate away the whole workforce and build utopias in their name. This isn't secret or a "deep state", they've plainly stated this agenda publicly and have written material online selling this agenda to other billionaires. Look at https://www.praxisnation.com. This is also referred to as Freedom Cities in Trumps presser: https://www.youtube.com/watch?v=dJA_GBhCGgE Many people will die in the pursuit of this :/

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

#143
post #9

What sort of people get O-1 visas? I assume it is people with multiple degrees and have decades of experience in a specific field? I am good at what I do, have done public speaking at major conferences on what I do but no degree and so assume that i've no chance of ever getting into the USA. Currently a UK citizen living in Ireland.

My dance instructor, who has won an international championship, is here on an O-1B. However, his 3 year initial eligibility is coming due, and the processing times for the 1-year extension is looking like it's going to take longer than 1-year! According to Wikipedia, Justin Beiber is here on an O visa, I wonder how his gets processed.

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

#144
Hi Peter!

There's a lot of confusion and uncertainty around a June policy update regarding TN visa (some related links in https://www.reddit.com/r/tnvisa/comments/1lerikw/nonengineer...). At least one big tech (my personal anecdote that I don't feel comfortable sharing) temporarily paused new TN applications for software engineers with a CS degree, citing this change.

This seems to have always been a fuzzy area on paper, and some people in this category apparently still got their TN in the past month after this change. Is this a material change in your mind? If so, how are employers responding to it?

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

#146

Earlier quoted context omitted.

There's no requirement that a green card holder spend 6 months in the U.S. during the year. You and your wife can and should travel freely. And you could live outside the U.S. for several years and still keep your green card. If you decide to move to Portugal for a period of time, for example, you should consult an attorney but the solution to protect your green card status (for at least 5 years) is to get a document…

Interesting. Thank you for the response. If this is true, that's amazing! Do you know where the 6-month requirement (rumor?) is from? Reading over https://www.uscis.gov/policy-manual/volume-12-part-d-chapter... section C states "...there are two ways outlined in the statute in which the continuity of residence can be broken: The applicant is absent from the United States for more than 6 months but less than 1 year; o…

Yes "the continuity of residence" is required for naturalization.

> An applicant for naturalization ... must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least 5 years prior to filing the naturalization application and up to the time of naturalization.

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

#147
post #33

I'm Australian and have always wondered about how easy it is to get an E-3 visa. What does it take from the sponsoring companies side to actually do it and get me over there?

We handle a lot of E-3 visas and it's arguably the easiest U.S. work visa to get both from a company standpoint and an applicant/employee standpoint. The company requirements are minimal. For example, startups with limited or no revenue and limited or no funding can sponsor an E-3 visa. That being said, there is a prevailing wage requirement so a company - while it doesn't need to demonstrate to a U.S. Consulate its…

Wow, that is unexpectedly relaxed given what I've heard about US immigration. Thanks for the info!

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

#148
post #33

I'm Australian and have always wondered about how easy it is to get an E-3 visa. What does it take from the sponsoring companies side to actually do it and get me over there?

Australian who's been in the USA almost a decade in 4 different roles, each requiring a new E3 as well as multiple E3 renewals; I've found that companies are pretty eager once they hear that you only need an E3 visa. Unlike H1B the quota for E3 visas are never hit. Companies view it as a very straightforward and guaranteed process. Assuming the company files their side of the paperwork in a timely manner, From accept…

Great info, thank you. How's working there compared to Aus? Do you enjoy it?

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

#149
post #40

So, I have a wife who just got her citizenship. We're very happy about that. Concerning, though, is the current presidential administration's talk of trying to do large-scale denaturalization of citizens. I know you don't have the ability to read minds, but would you care to hazard a guess to much of this is the president just blowing smokes or how worried I should be?

(not Peter.) she can only be denaturalized if: 1. she lied or concealed any past convictions (or maybe other information) on her visa/GC/citizenship application. in the past they only went after serious omissions like felonies, but now they'll go over any minor mistake with a fine-tooth comb. courts have held in the past that such omissions must have material significance to the decision (e.g. lying about a degree ob…

I don't think she'll join a party any more radical than "Democrat", and we were extremely thorough with the lawyer to make sure everything on the application was completely honest.

If what you're saying is true, then I maybe shouldn't worry too much.

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

#150

Earlier quoted context omitted.

A distinction must be drawn between working during a startup program, which requires a work visa, and attending the program and not working. For the latter, there are several options, including, most commonly, the B-1 visa/status.

Out of curiosity, what percentage of YC founders just go to the office hours and dinner and not work for the duration of the program? Is this encouraged?

I can't comment on that but the issue here is what constitutes work and actively participating in YC doesn't even if this participation results in benefit to a company.
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