I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA • Hacker News Board

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

#21

Post by proberts » Thu, Oct 13, 2022, 2:58 PM UTC

jonas-jonas wrote: post #8

The H1B situation in the US has been described as very "luck" based to me, and some have called it "a mess". Is that still the case? How much does it actually depend on luck, or other factors such as country of origin, occupation, etc.?

It's luck in the sense that for your first H-1B, you must go through a lottery (a completely random selection process). The actual adjudication and approval of an H-1B petition, if the individual is selected in the lottery, for individuals with good educational backgrounds, is actually pretty easy. It's getting picked in the lottery that's the hard part.

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

#22

Post by mmastrac » Thu, Oct 13, 2022, 2:58 PM UTC

How is the situation for Canadian citizens these days? Is it easier for us to come in as management or engineering?

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

#23

Post by wexiya1699 » Thu, Oct 13, 2022, 2:58 PM UTC

What's your estimate for current processing times of NIW EB2 applications and what are the chances of that getting premium processing for applications in the coming months?

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

#24

Post by miklosz » Thu, Oct 13, 2022, 2:59 PM UTC

Is there any way to "reactivate" expired green card? It expired 8 years ago as due family reasons I needed to live abroad.

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

#25

Post by slowmotarget » Thu, Oct 13, 2022, 2:59 PM UTC

As a French founder, am I authorized to do a business trip in the US (meet local customers, pitch product features, invite prospects at a restaurant) with a simple ESTA?

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

#26

Post by lifeisstillgood » Thu, Oct 13, 2022, 2:59 PM UTC

Thank you for doing this. My question is almost anti-specific - can you give a helicopter view of immigration processes - what is an H1B. Is that the only route in? what's the advantages and disadvantages?

(It might help to say I am envisaging a similar AMA for a (different) partner who might explain pre-money valuations or best way to use SAFE or ways to find investors. I think I am interested in the general best practise if that makes sense?)

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

#27

Post by graderjs » Thu, Oct 13, 2022, 2:59 PM UTC

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?

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

#28

Post by tao_oat » Thu, Oct 13, 2022, 2:59 PM UTC

Thank you for this!

I work for a US startup, but based in the UK (hired via an intermediary like Deel/Remote.com). At this point in time, are there any avenues to joining my colleagues in the US other than waiting for the H1B application window next year?

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

#29

Post by aylmao » Thu, Oct 13, 2022, 2:59 PM UTC

I'm on H1b. Can I found a startup?

Also, what options do I have to grow a project while I work full-time?

The fact I can't earn income from alternative work is a huge demotivator from starting anything for me. I won't know if I want to work full-time on a startup I found unless I see MRR first.

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

#30

Post by proberts » Thu, Oct 13, 2022, 3:00 PM UTC

jamesmawm wrote: post #17

Is it possible to apply for O1 visa to create a US startup? What are the odds?

Yes. The odds depend almost entirely on the strength of the individual's background or more specifically whether he or she meets enough of the O-1 criteria. But the O-1 if oftentimes is in reach of founders because - I would argue - the O-1 criteria favor founders over non-founders.