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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

#21

Post by dp33 »

For someone starting law school in Canada who hopes to eventually work as in-house counsel for US-based tech companies or startups, what career paths tend to work best?

Is the common route something like BigLaw (possibly New York) first, then transitioning in-house later, or are there better alternatives?

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

#22

Post by proberts »

HillRat wrote: post #15

Have there been any meaningful changes in denial rates, processing times, or petitioning processes for L1 visas?

There's a major difference between individual L-1 petitions filed with USCIS and blanket L-1 petitions/visa applications filed with U.S. Consulates abroad, with the former much more challenging than the latter. This is the case now and has been the case for many years. The main change with blanket L-1 petitions/visa applications now is the result of a policy change (put in place about 6 months ago) limiting where an applicant can apply for a visa, essentially, limiting visa applications to the applicant's country of citizenship or legal permanent residence.

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

#23

Post by daxuak »

Does H1-B really carry that 100k per-case fee? I remember hearing of it, but afterwards also individual stories of people getting H1-B. I don't know them personally unfortunately; not sure whether it was sponsored by not-for-profit research institutes or for-profit companies. I can't imagine this rule being economically feasible for most, though. And if the answer is actually a yes, would the company want to make sure that here's a repayment clause in the contract, e.g. if the worker leaves within X years, he/she will have to refund the company for Y% of this visa fee? Is that even legal?

Related, iirc H1-B has a 6-year limit. Under the current policy what's the path forward if the holder is not ready to adjust their status to PR within the timeframe or not qualified to EB category? O1? But there were a wave of news stories about O1 being abused and I wouldn't be surprised if that was a prelude to major changes to the category.

Just curious. Thanks for making this thread.

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

#24

Post by proberts »

bigdollopenergy wrote: post #20
proberts wrote: post #5

Earlier quoted context omitted.

The options are limited: an H-1B for employment (which involves an annual lottery), an F-1 for schooling, or a J-1 for internship/training (which requires a "host" company/employer).

OP didn't state their exact country, but E-2 visa may be applicable. It's not just for investors/business starters. Companies that are privately owned by people from E-2 countries can transfer/hire citizens from other E-2 countries. Probably the most realistic option for a junior/mid-level developer IMO. See if your country is an E-2 country and apply to companies that qualify. E-2 is a non-immigrant visa so moving o…

Thanks! Very good points. The E-2 is also a great option for founders (with their own funding or with funding from citizens/VCs from their own country).

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

#25

Post by dwa3592 »

Thanks for doing this.

- How difficult has it become to get O1 for founders compared to say 5 years ago?

-What advice would you have for founders who think they should be able to get O1 once they have a bit of seed money (say YC, 500k) and press coverage?

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

#26

Post by proberts »

jefftk wrote: post #18

What are you seeing with the new $100k H1B fee? Is it being applied only to people currently outside the US? Do you have any estimates on whether it's likely to be renewed in September and/or struck down?

It's being applied to those outside the U.S. or those in the U.S. who are ineligible for a U.S.-based change of status or change of employer. This fee primarily has impacted employers seeking to hire people who are outside the U.S. and also limited when people can travel,

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

#28

Post by proberts »

mikeyouse wrote: post #17

Our small company offers a remote paid mentorship for students anywhere in the world - often times, international students in the US want to apply but then there’s substantial confusion on whether they can be paid without jeopardizing their status. The stipends we pay are all 1099 and it’s mostly self-directed work so we’re a bit at a loss in regards to the CPT/OPT qualifications. Many end up forgoing their stipend w…

The students should speak with their DSOs (Designated School Officials) because they must have work authorization to get paid whether they're paid by a U.S. or foreign source or paid as a 1099 contractor or W-2 employee. But I don't see why both CPT and pre-completion OPT wouldn't work.

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

#30

Post by iLoveOncall »

What are the chances of getting back a green card after being out of the country for 4 years? My partner left with the intention to come back soon after, bought a house there as well just before leaving, but then couldn't come back more than a couple of weeks a year for 3 years, and then not at all for the past 4 years.

We're thinking to move back to the US at some point, so having a green card would be the royal road.

Thanks!

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