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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

Earlier quoted context omitted.

These questions should be addressed to YC. All I can say is that I have seen founders from just about every country around the world accepted into YC.

Right, apologize about misunderstanding. My question is in fact is there a chance to request waivers about founders seeking O1 visa that are affected by the recent travel ban on certain countries (with Iranian passport)?

I see. Yes, waivers are possible but the standard for them is high and reports so far are that the vast majority of such requests are being rejected.

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

#192

Earlier quoted context omitted.

Why are they monitoring Zillow...

because securing housing is a big part of residing somewhere?

I'm more so wondering what public data on these sites is really useful for finding/building deportation cases. It looks to me they are wrapping a bunch of scrapers into a product and selling it as "intelligence tools".

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

#193
post #151

Hi Peter, I'm from Europe and currently in the US on a B2 visa (I’ve traveled frequently between the US and Europe over the past year, so we chose B2 over ESTA to be safe). I’m preparing my O-1 case to legally work on my startup here. I would love to participate in an accelerator here. This would also strengthen my application for the membership/awards criteria but I am not sure if I am even legally allowed to partic…

First, while acceptance into and participation in an accelerator, particularly a well-known one, definitely moves the needle with O-1 petitions, this can't be counted on as evidence of membership or award. While B-1 status is appropriate for participation in an accelerator, B-2 is not.

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

#194
post #38

Can you convince YC to have programs outside the US by any chance? It's not exactly easy getting into the USA these days and by no means a smooth experience either.

To be fair they’ve done it a little. There are European accelerators (tech stars is here for one) but they’re comparatively rinky dink.

As an American in the Netherlands the ecosystem is dire by comparison.

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

#195

Earlier quoted context omitted.

Great info, thank you. How's working there compared to Aus? Do you enjoy it?

West coast climate and culture is the same as East coast Australia so that part is straightforward. Easy to make friends and a good life in that aspect. For work-life balance I will acknowledge the biggest boom times are over. It was ridiculous at one point and the best move of my life. Nowadays though all big tech are starting to adopt some form of stack ranking and demands and pressure are going up while benefits a…

warning you might end up with an american partner and get stuck there, ask me how i know :). But yeah, the comp difference is crazy, if we ever move back to aus we will have set ourselves up for a very nice life with our US earned savings.

Plus, far more interesting companies to choose from.

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

#197

Earlier quoted context omitted.

Right, apologize about misunderstanding. My question is in fact is there a chance to request waivers about founders seeking O1 visa that are affected by the recent travel ban on certain countries (with Iranian passport)?

I see. Yes, waivers are possible but the standard for them is high and reports so far are that the vast majority of such requests are being rejected.

Thank you for your answer

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

#198

Thank you for doing this Peter! I am Australian, working in tech using an E-3 visa in the Bay Area. My wife is considering moving forward with an EB-2 NIW application, she is currently in F1 OPT. She doesn't have a very strong profile currently, but is willing to work on it. I am concerned that this might complicate me being able to renew the E-3 in the future. My understanding is that an approved or even denied I-14…

First, the NIW standard has changed significantly recently so it might not be a good option for your wife to pursue if her profile isn't very strong since the standard as now applied looks more and more like the EB1A standard and focuses more on the applicant's individual qualifications and achievements rather than end-purpose of the applicant's work. While one spouse's immigration actions can impact the other's immigration status and options, the real risk isn't until the I-485 stage. We've had many E-3 visa holders renew their E-3 visas without issue when their spouses have pending or approved I-140 petitions and even when the E-3 visa applicants have pending or approved I-140 petitions. Now, to be clear, the world has changed so what held true before might not hold true now but historically - and during the past 6 months - we have not had any issues with Australians traveling or renewing their E-3 visa under such circumstances.

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

#199

Hi Peter, thanks for doing this. For myself as a UK citizen, what are the most realistic options for obtaining a visa to work in the US? The H1B is the main one I'm familiar with, but with the lottery and the one year application cycle it doesn't seem an easy route. The other option I'm aware of is the L1, do you know how realistic it is to obtain one of those? I don't currently work for a multinational company but w…

The L-1 is very easy through a large multinational company after a year of employment with that company outside the U.S. and is attainable although more difficult through a small multinational company. The other options are the E-2 (treaty investor visa), which could allow you to work for a British-owned company in the U.S., or the O-1 (extraordinary ability visa), which requires a relatively high level of achievemen…

Thanks Peter, all very useful to know. I wasn't aware of the E-2 visa. How does one justify extraordinary ability for the O-1, if pursuing that route? I can see it varying a signifcant amount between applicants, but what (if any) successful justifications have you seen?

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

#200

Hello, a friend of mine is a strong systems programmer from Poland but has not graduated from college. Is he basically unable to get a work visa for the US?

If he has a lot of experience, then he might have the equivalent of a bachelor's degree, which would make him potentially eligible for an H-1B visa. Also, if he's very accomplished and talented, even without a degree, he might qualify for an O-1 visa; education is not a requirement for the O-1 visa.
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