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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

#181

Post by valarauko »

bialpio wrote: post #150
adave wrote: post #20

Earlier quoted context omitted.

Yup that's the idea, somehow most folks seem ok with it and don't voice their opinions to politicians.

Because a) folks that are the most impacted by this cannot vote and b) IIRC there are even limits imposed on political activity by visa holders, they get slightly relaxed when you get a green card (but do check it out, IANAL and may be misremembering).

> IIRC there are even limits imposed on political activity by visa holders, they get slightly relaxed when you get a green card

Any specifics on this?

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

#182

Post by proberts »

philip1209 wrote: post #146

As somebody considering using a PEO - How do PEOs impact both founder + employee immigration processes? (I'm assuming that having a different employer of record might have some consequences.) Would you advise startups to avoid a PEO if they intend to sponsor visas in the future for employees?

There's really no issue with PEOs. You just need to be careful to provide the correct information - such as FEIN - when filing applications with USCIS or the DOL. Because, for immigration purposes, the founder's company can still be treated as the employing entity.

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

#183

Post by proberts »

Frummy wrote: post #134

As a young cobol developer for a bank in sweden, how could I live and work in the US?

There primary paths would be via the H-1B or the L-1. Both require employer sponsorship and the former requires selection in an annual lottery (with a low chance of getting selected unfortunately) and the latter requires employment for at least one year by an entity related to the employing U.S. entity. Another option is to get a graduate degree in the U.S. and after you graduate, you would get 3 years of work authorization if in a STEM field (and 1 year if it isn't).

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

#184

Post by proberts »

digianarchist wrote: post #156
blackhaj7 wrote: post #149

Are there any special visas for Irish citizens currently? I saw that they may get preferential visas similar to Australians but couldn’t find much detail

There was talk about allowing Irish citizens to use unused E-3 visas back when Paul Ryan was Speaker but it never came to fruition. https://www.politico.com/story/2018/12/14/paul-ryan-congress...

Irish citizens, like Australian and NZ citizens, get a special J-1 which allows them to work and travel in the U.S. for one year after graduating from a school in their home country. But that's it.

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

#186

Post by blackhaj7 »

proberts wrote: post #176
blackhaj7 wrote: post #148

Thanks for the AMA Peter. Two questions on L1-B visas: 1. Is it possible to meet the employee requirements (1 year within the last 3 years) if you worked for the sponsoring company via a ltd company (i.e. not a direct employee relationship)? I work remotely and hence have worked through a limited company. However, the ltd company has only ever had revenue from the sponsoring company and I am the only employee so it w…

1) No, unfortunately. 2) Green card options aren't tied to or dependent on in any way the individual's nonimmigrant status so your possible options are the same whether you are in L-1B, H-1B, O-1, etc. It's just coincidental - not causal - that those in a certain nonimmigrant status go down a certain green card path. That being said, most of those in L-1B status go the PERM/labor certification route or the NIW route.

Thanks so much for the response, Peter

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

#187

Post by sbayeta »

Hi! Thanks for doing this!

I've been wondering for a while whether it's possible/practical to create a solo company (maybe Delaware LLC) in the US just to be able to offer and invoice my services as a software developer to US companies that look for US candidates.

I assume (please correct me if you think I'm wrong) that sometimes this requirement is because of taxes and bureaucracy, and my be could be overcome by hiring a US company services (owned and operated by a non US citizen/resident).

Thanks again for giving your time for this!

Cheers!

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

#189

Post by proberts »

WrtCdEvrydy wrote: post #32

Ohhh, I asked a question last time on what technologists can do to help out and I'll ask it again. What can technologists do to help out the legal field, specifically in immigration land?

Do you mean to improve/automate the immigration process?

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

#190

Post by proberts »

sb12345 wrote: post #115
proberts wrote: post #79

Earlier quoted context omitted.

IEP applications are getting approved but only if the investors are willing to share detailed information and documentation about the ownership and operation of their VC firm and their previous investments and understandably many are reluctant to since this information is typically highly confidential/personal.

I see! That'll be a challenge if I ask some top tier VC to share all the details of their recent fundings. How long does it take to get IEP approved? Do I need to re-enter into USA after it's approved?

We're seeing 4-6 months for an IEP application to get reviewed and once approved (unless Canadian), the applicant would need to leave the U.S. (unless already outside) and apply for a parole at a U.S. Consulate.
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