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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 alsodumb »

proberts wrote: post #164
alsodumb wrote: post #147

Hey Peter! Thanks for doing this! I’m trying to understand the dual intent nature of O1A. I’m a PhD student with EB2-NIW and EB1A approved. Unfortunately, I am not expecting a green card in the next 6-12 years due to my country of birth. I am eligible for O1A, but it seems like the dual-intent of O1A seems to be in grey area unlike H1B. Would I have any issues with O1A stamping in foreign embassies or during reentry…

It is grayish but during the past 20 years I've only had one instance where the Consulate pushed back on the issuance of an O-1 visa because the applicant had an approved I-140. That was over 10 years ago and even in that case, the O-1 was eventually issued. So, for all intents and purposes, the Consulates view the O-1 as a dual intent visa. Also, there's some preparation that you can do before applying for your O-1…

Thank you so much for the response! Could you share a bit more on what the preparation looks like? It’s something I’ve seen vaguely mentioned in forums but no one shared the specifics of the prep. Thanks!

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

#182

Post by road_to_freedom »

I got 221g administrative processing denial for L1-B recently. I work at FAANG. From your experience is there any chance that this will clear itself soonish or that's kinda the end of the story? I know a few stuck waiting for more than a year. Is such an outcome likely for me?

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

#183

Post by hnbrg718 »

Hi Peter, thank you so much for your work and for doing these AMAs! I am a PhD student on an F1 at a US university who would very much like to stay after graduation. Without going into too much details, I think I would have a strong O1 or EB-2-NIW application (top US school, multiple publications, awards, reviewing) upon graduation, but I am worried about leaving it until then to start the process as I know it can be very time consuming. What, if anything, can I do to "get the ball rolling" before I graduate? I presume starting an EB-2-NIW application would not be feasible at this point, for example, but please correct me if I'm wrong. Ideally I would enter the job market with a non-employer-specific green card, so that I don't have the additional stress of having to worry about being kicked out. Thank you all the work you do!

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

#186

Post by proberts »

Etheryte wrote: post #88
ruckfool wrote: post #76

Earlier quoted context omitted.

Hi, I looked at the regional centre-dependent EB5 process but pivoted to the EB5 direct investment route. I have now bootstrapped a single food truck, and we are looking forward to launch it next month. Can such kind of business setup qualify me for O1 instead ? At my day job, I am a software manager in FAANG.

O1 requires you have considerable outstanding achievements [0], such as widely recognized international rewards, being featured in major publications, scholarly articles, or etc. I don't see how a food truck would help you qualify for any of those. Demanding a high salary, which I assume you do at FAANG, would only tick one box, but to qualify you need to tick at least three. [0] https://en.wikipedia.org/wiki/O_visa#…

As applied, although still high, the O-1 requirements are easier than they appear so it's always worth evaluating particularly for the founder of a business. And an O-1 can be for almost any occupation, from a hair colorist to a cancer researcher.

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

#187

Post by proberts »

a2code wrote: post #48

Will YC and startups be more or less agreeable on remote work? Will the new administration cause changes to remote work?

I can't comment on YC and startups and while the administration likely will make changes to the H-1B law and process, I don't see major changes in how remote work is viewed and treated.

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

#188

Post by Etheryte »

proberts wrote: post #186
Etheryte wrote: post #88

Earlier quoted context omitted.

O1 requires you have considerable outstanding achievements [0], such as widely recognized international rewards, being featured in major publications, scholarly articles, or etc. I don't see how a food truck would help you qualify for any of those. Demanding a high salary, which I assume you do at FAANG, would only tick one box, but to qualify you need to tick at least three. [0] https://en.wikipedia.org/wiki/O_visa#…

As applied, although still high, the O-1 requirements are easier than they appear so it's always worth evaluating particularly for the founder of a business. And an O-1 can be for almost any occupation, from a hair colorist to a cancer researcher.

Thanks for explaining, I was not aware of that, that's interesting.

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

#189

Post by proberts »

golergka wrote: post #82
proberts wrote: post #66

Earlier quoted context omitted.

Podcasts, blogs, posts matter little and talks are only marginally helpful. The lowest hanging criteria are essential roles for distinguished organization, high compensation, press, and judging (either serving as a reviewer for an academic journal or conference or serving as a judge at a competition or event, such as a hackathon or startup/business competition). By the way, your gut is right; USCIS is sensitive to fa…

Thank you! What kind of press would I go for? And how would an engineer typically get to the judging roles like these?

While the publication doesn't have to be a country's or industry's largest, it shouldn't be too small and for the press to count, it must be about you and your work or quote you. Regarding your second question, I don't know the answer unfortunately although I do know that there are a lot of such events.
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