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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

#191

Post by XCabbage »

proberts wrote: post #142
XCabbage wrote: post #138

Preamble: As I understand it, it is permissible for a European who works for a US company to visit the US as a "business visitor" on an ESTA in order to visit the company, as long as the visit is not for "work". Various sources list activities that are deemed to be "business" and not "work", such as attending business meetings or attending a trade show, and entering on an ESTA for these purposes is thus acceptable. Q…

That still would cross the line even if that wasn't your plan when you entered.

Interesting. I know for certain from experience that some ESTA visitors and their employers assume the law does NOT work like this, and that as long as you're visiting for a legit "business" purpose you are not required to suspend your ordinary work activities while in the US. Good to have confirmation that this is wrong and that you DO have to suspend your ordinary work duties for the duration of the visit.

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

#192

Post by parmigiano »

Hi Peter,

Thanks for taking time for questions. I’m currently on an L1B visa at my current employer. Is there any path for me starting my own startup? As I’ve understood it you can’t have any side income etc on the L1 visa and it’s hard/impossible to swap employers?

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

#193

Post by e63f67dd-065b »

I've seen a few variants of this question, but not answered in a helpful way:

What is, in your experience, the minimum that gets you a decent shot at a NIW/O1? You previously mentioned that published papers are helpful but not mandatory, but for PhD students/graduates, if publications are not the determining factor, what is?

Looking through the Dhanasar's three prongs, it does seem like papers are the easiest and most consistent way of fulfilling the second prong (that "The Person is Well Positioned to Advance the Proposed Endeavor").

The third prong is the most mysterious to me (that "On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements"), how do people typically meet the requirements for this prong?

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

#194

Post by swalberg »

proberts wrote: post #157
temp91223 wrote: post #130

Hi, Peter. Thank you for taking questions again. Would you recommend a 3rd year(2 more years to go) US PhD student with moderate research portfolio( + strong recommender )to look into EB2/NIW or O1 visa? The end goals are to immigrate to the US and avoid H1B lottery.

The O-1 and NIW standards aren't as high as most people think and most PhDs (and PhD candidates) qualify.

Does that apply broadly to PhDs or just tech related ones? I'm thinking specifically about a PhD in Political Science, dealing in tech adjacent national security topics.

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

#195

Post by amstan »

fillmore wrote: post #115

Hi Peter, thank you in advance for considering the question. I'm a Canadian citizen, living in Canada. In the past I've considered moving to the US to work there. I don't have a university degree. I attended university for ~3-4 years, did not complete my degree, and then enrolled in a 3-year college program which conferred an Ontario College Advanced Diploma. I've worked full-time as a software developer since then.…

I've been through this.

The "Computer Systems Analyst" TN profession is the usual path there (though rather weird). You need letters from your previous employers that you worked for 3 years full time. Some colleges in the US can even give you a degree equivalency on that basis.

> if a US company were interested in hiring me, they would handle the visa requirements (I'm unsure if this would be TN or otherwise).

They would (one can even do pre-approval), but some of them need handholding, and there's only so much they can do. But sometimes you might be surprised by the magic they can do (ex: doing the equivalency work).

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

#196

Post by michaelleland »

Swizec wrote: post #187
skybrian wrote: post #184

Earlier quoted context omitted.

It's US law. Are there similar European laws?

The European attitude is: Am I breaking the law? How do I make sure I’m not? The American attitude is: I’m not breaking the law until someone tells me to stop.

The European (ok, Swedish) attitude is: the authorities are there to enforce the law.

The American attitude is: the law is there to support the authorities.

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

#197

Post by pjnz »

crowcroft wrote: post #150

I'm from New Zealand and have been spending my late 20s going around the UK and Canada on 2 year working holiday visas. My work experience is in marketing in senior IC/mid level management roles. The impression I get from most countries visa options is that they're happy for people like me to come in for a few years, work, pay tax, and leave. I'm surprised that even on a temporary basis this kind of activity seems im…

It's a longshot, but don't forget to apply for the DV lottery. Due to the unusual structure of the program NZ citizens have a higher chance of winning. Short of marriage it's by far the best visa, since it's a green card (permanent residence), not a work visa.

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

#198

Post by sparrow98 »

It's regarding my recent I-485 filing and my spouse's green card eligibility. Due to unforeseen family circumstances, my spouse and I are considering divorcing, but I want to ensure that my spouse's green card application is not jeopardized in the process. As the primary applicant, I am committed to supporting my spouse through the green card process before finalizing our divorce. To navigate this complex situation effectively, I would greatly appreciate your expert guidance on the following questions:

1. What are the potential risks to my spouse's green card eligibility if we proceed with the divorce after the application is approved?

2. What are the potential risks to my spouse's green card eligibility if we initialize the divorce before the application is approved?

3. What steps can I take to demonstrate the bona fide nature of our marriage and minimize any suspicions from USCIS regarding the timing of our divorce?

4. In the worst-case scenario, could my own green card application be jeopardized by this situation, and if so, what precautions can I take to protect my own immigration status?

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

#199

Post by DragonStrength »

proberts wrote: post #142
XCabbage wrote: post #138

Preamble: As I understand it, it is permissible for a European who works for a US company to visit the US as a "business visitor" on an ESTA in order to visit the company, as long as the visit is not for "work". Various sources list activities that are deemed to be "business" and not "work", such as attending business meetings or attending a trade show, and entering on an ESTA for these purposes is thus acceptable. Q…

That still would cross the line even if that wasn't your plan when you entered.

We all know startups are crossing that line all the time with their "off-sites," hanging out in Airbnbs and coding together for a week or so at a time around conferences.

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

#200

Post by BowBun »

jimmydddd wrote: post #185

[flagged]

No one is encouraging people to just 'walk into the country', where are you getting this from? It's illegal, they try to stop it, it's not perfect (never has been). If you cross the border illegaly, chances are you have many years of hard work and uncertainty ahead of you before you can begin to feel a peace. Please don't glorify illegal immigration as if they're all just getting free meal tickets and living happily ever after. It's a very hard decision made after years of suffering, not an easy way out.
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