Hi Peter, what effects do you think Trump's new policies on immigration will have on OPT/H1B engineers in Silicon Valley tech companies? My friends freaked out when he was first elected but so far they're saying not bad as they thought.
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
151–160 of 414 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#152Can a startup hire only H1B holders and no american citizens at all?
No. A startup (begun by foreign nationals) absolutely can hire US citizens.
Hi Peter, my apologies. I was not clear enough. The scenario is like this. One of my friends is a citizen. Our plan is that he will establish a startup and another set of friends( all on h1B)will work as employees for that startup. Is there a cap on how many H1B employees can a startup hire?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#153Hi Robert, thank you for your time! We have a small 2 people company doing web products, making about $1m a year. Does this help in any way to move to US (and move the company)? If so, what is our best path? Thank you!
Possibly yes but again the details matter. Depending on where you all are from and the structure of the US company, you might qualify for E-2 visas or even O-1 visas.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#154Hi Peter, has the been any uptick in RFEs and denials for H1 applications and transfers under the current administration? Have there been any other noticable changes for startup immigration under this regime?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#155What is one critical thing that you think founder should know , which you think they don't ?
That O-1s and EB1A green cards are oftentimes within reach and that the E-1 or E-2 os oftentimes a great option.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#156Do you have a moral defense of your supporting h1b or other immigration for work in an industry already showing signs of bursting for new native grads[1]?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#157My startup took a convertible note angel round. We were planning on raising another round, but then won a large grant. It will take us to profitability, and we don't plan on raising any more. How do these types of situations typically resolve for dealing with note holders, when there is no longer any expectation of another raise or liquidation event?
Sorry but that's outside my area of expertise.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#158Hello Peter! I am a US Permanent Resident since 1997. Should I be concerned about traveling internationally at the moment, US politics being what they are? Or is it safe to assume that if I leave the country for a short while, I'm not going to get turned away at the border?
What is the reason you dont naturalize? Future tax concerns?
Obviously not the OP. Another common reason is that a good number of countries do not allow dual citizenship. So you'd have to give up your "original" citizenship...
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#159What's the process to transfer an H1B for a future employee as a start up?
I;m not sure what you mean. Please elaborate.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#160Hi Peter, Can founders be on a TN visa (Canadian citizen) and have a CEO title + directorship? Also, is there anything special to be aware of regarding equity for a founder on a TN?
Both USCIS and CBP oftentimes will reject TN applications by founders, owners, and executives. This isn;t necessarily justified legally but it has become common practice.
Piggybacking on this, if they are employed as an engineer and not explicitly as a founder, can they still be issued a significant (>30%, <50%) nonmajority equity share in a company?