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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

#161

Post by proberts »

lucasfcosta wrote: post #133

Hi Peter, What is the easiest path for a founder who wants to eventually move to the US? Here in the UK a particular amount of investment from within the UK can guarantee visas quite easily (TOTAL / THRESHOLD = No. Of Founder Visas). Is there a similar path available in the US or is there an easier one perhaps?

If you already have a company in the UK with employees and you would open a related company in the U.S., then the L-1 cculd be an option (although not necessarily top of the list). The other options are the O-1, IEP, and E-2.

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

#162

Post by PaulDavisThe1st »

22SAS wrote: post #154
jason2323 wrote: post #5

What options does an Indian engineer stuck in the green card backlog have? Do they perpetually continue renewing their H1-B? Does this mean that they are somewhat limited in terms of being able to switch jobs?

I am moving to either London or Canada. Applying for express entry next year. If I can get my Canadian residency by 2024, then I'll move to Canada. Otherwise, apply for a transfer to the London office. Sometime, in the future, if I can have $800K to spare, then will go for EB-5. Although, this may take about a decade.

> I am moving to either London or Canada.

rather than London, ON, Canada ? :) I hear it's a lovely town.

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

#163

Post by proberts »

sjtgraham wrote: post #153

Hi Peter, How long should I expect to adjust status from O-1A to EB-1A? Further, how long should I expect to wait for Advance Parole? Would it be quicker to do consular processing in my home or a third country? If so how long would that take? I live in California, and I am a British Citizen.

1) Assuming no issues with your EB1A I-140 petition, it could be under a year with premium processing. 2) Expect around 6 months although we're seeing anywhere from 3 months to 9 months right now. 3) Immigrant visa processing would be much slower based on the current processing times and backlogs.

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

#164

Post by p2hari »

p2hari wrote: post #128

Hi Peter, Thanks for doing this. I have a startup incorporated in US. One of my founders is in NY, and we have some interns working for us from US. I am based out of Europe. What would be an ideal way for me to approach to immigration to US in this case? Would I have to apply under H1B to come and work there or is there other options.

Hello Peter, just wanted to bring this to your attention.

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

#165

Post by ghiculescu »

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?

I can vouch for https://usimmigration.com.au/ for this sort of work.

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

#166

Post by proberts »

philip1209 wrote: post #143

How has remote work changed the immigration industry? Do you see any evidence that more founders are choosing to work outside the USA, and if so - does that impact their fundraising?

US immigration law hasn't caught up with remote employment so we're still waiting to see how it will play out. From my narrow perspective, it's less about founders choosing to work outside and more about founders hiring people from all over the world to work for their U.S. company.

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

#167

Post by aecs99 »

Hi Peter, thanks for the AMA.

Are there any benefits to converting from a green card to citizenship, in the context of employment? Access to some government jobs is the only thing I can think of.

Can green cards be extended every time they are about to expire until someone retires, or is there a limit?

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

#168

Post by glitchc »

wexiya1699 wrote: post #49
glitchc wrote: post #31

Regarding the O-1 visa class as a consideration to migrate to the States: 1) What is the threshold for extraordinary? How is extraordinary established? 2) Is there a quota on the number of visas issued per year? Related, is there a quota on the number of visas per country of birth?

I'm not Peter, but I guess I can answer this: 1) For O1 it's checking the boxes - one paper or one award is the same as 10 papers or 10 awards. Even for non-technical people where papers aren't really a thing, an article about a company was written in a high-profile website and that persons name was mentioned. He got an O1. I also know a strong competitive programmer (but no other achievements of value) who got it -…

Thank you for your answer. Are the rules and thresholds identical for the EB-1 visa as well?

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

#169

Post by proberts »

p2hari wrote: post #164
p2hari wrote: post #128

Hi Peter, Thanks for doing this. I have a startup incorporated in US. One of my founders is in NY, and we have some interns working for us from US. I am based out of Europe. What would be an ideal way for me to approach to immigration to US in this case? Would I have to apply under H1B to come and work there or is there other options.

Hello Peter, just wanted to bring this to your attention.

For you to be able to work for your company in the U.S. or just visit? For the former, without knowing the details about you or your company, I would look at the O-1, E-2, and IEP - and the L-1 if you have a company outside that is related to the U.S. company and employs you and has employed you for at least one year. For the latter, B-1 business visitor status via ESTA or a B-1 visa.

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

#170

Post by mentar »

proberts wrote: post #159
mentar wrote: post #158

Hi Peter. I have an O-1 for my current startup that expires in 11 months, I'd like to start a new company with a new founder. Looking at the EB-1a vs EB-2 NIW wait times the wait times are in years for the two parts! Do you think it's worth applying for another O-1 instead with the new company? Is it generally easier to get the O-1 second time around? Thanks!

Definitely the O-1 and it's way easier - really easy in fact - to get the second O-1.

Thank you, super helpful
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