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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

#201

Post by proberts »

VirusNewbie wrote: post #112

Is Google currently breaking the law in regards to immigration in your opinion? The story is that Google posts very general, vague job descriptions then puts them through a rigorous interview process, and only once qualified by a hiring committee, are they potentially matched with a team who then is allowed to extend the offer. However, a couple months ago Google paused hiring for a backlog of 'qualified' candidates…

I'm not familiar with this and would need to look at the facts first-hand before commenting.

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

#202

Post by quadcore »

proberts wrote: post #104
slowmotarget wrote: post #25

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?

Yes but you need to be careful because the line between business development/marketing and work - at least as perceived by CBP officers - can get blurred. I am assuming that the only company here is your company in France, and not in the U.S.

at least as perceived by CBP officers

How do they judge the thing, by the content of your phone or computer?

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

#203

Post by proberts »

santi_panti wrote: post #193

Hey, I got my H1-B a long time ago (more than 6 years). I only used it for like 6 months. I still have my I-94. If I tried to get a job in the states again, would I have to be counted against the cap once more or could I just use my unused time? I read this previously but I'm not sure if it's up to date: https://redbus2us.com/apply-h1b-after-6-years-to-recapture-u... . If I could, how long would I have to use that un…

The law isn't clear on this. The only way to really know is through the filing of a cap-exempt petition. When exactly were you last in the U.S. in H-1B status? Changing your citizenship wouldn't impact the analysis or outcome.

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

#204

Post by proberts »

sbayeta wrote: post #187

Hi! Thanks for doing this! I've been wondering for a while whether it's possible/practical to create a solo company (maybe Delaware LLC) in the US just to be able to offer and invoice my services as a software developer to US companies that look for US candidates. I assume (please correct me if you think I'm wrong) that sometimes this requirement is because of taxes and bureaucracy, and my be could be overcome by hir…

If you wouldn't be creating jobs in the U.S. through this company, then the only option would be an O-1 but the standard for an O-1 is high - although not as high as the O-1 criteria would suggest.

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

#205

Post by e1g »

sbayeta wrote: post #187

Hi! Thanks for doing this! I've been wondering for a while whether it's possible/practical to create a solo company (maybe Delaware LLC) in the US just to be able to offer and invoice my services as a software developer to US companies that look for US candidates. I assume (please correct me if you think I'm wrong) that sometimes this requirement is because of taxes and bureaucracy, and my be could be overcome by hir…

Not proberts, but I take your question to be "I live outside of the USA, and want to work remotely for US companies. Can/should I incorporate to make this easier?":

1. As a non-US citizen, you can establish a company in the USA today for ~$500 with Clerky/Stripe Atlas/AngleList Stack/Gust. You'll need to file additional forms due to foreign ownership, but otherwise, incorporation is a smooth process.

2 I hire international developers who bill me from their international companies all the time. There is no meaningful difference between them and US-based invoices, and there is no advantage with taxes or bureaucracy.

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

#206

Post by quadcore »

nobeh wrote: post #58

Hi Peter, thanks for doing this. I have a small team of founders. We've been developing an MVP of a product in the area of health and technology. We consider ourselves pre/early seed. We are currently located in EU. And, we have incorporated our business in Canada. We intend to launch in North America. Would be this be a case that YC is interested to support in terms of immigration and business development? Thanks in…

And, we have incorporated our business in Canada.

Curious about why? And how

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

#207

Post by proberts »

dehrmann wrote: post #135

How has economic uncertainty this year changed immigration for work in the tech sector?

I haven't seen any changes yet, such as the tightening of requirements for temporary work visas or green cards or greater support for job-creating visas and green cards, such as the E-1, E-2, and IEP or the EB5.

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

#208

Post by proberts »

eaglehead wrote: post #188

Hi Peter, is there a way to apply to O-1 visa while on TN?

Definitely. Nonimmigrant visa options aren't limited in any way by the applicant's underlying status so you could move from a TN to an O-1 - assuming of course you meet the O-1 requirements.

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

#209

Post by pkaye »

gumby wrote: post #142
wexiya1699 wrote: post #49

Earlier quoted context omitted.

I'm not Peter, but I guess I can answer this: 1) For O1 it's checking the boxes - one paper or one award is the same as 10 papers or 10 awards. Even for non-technical people where papers aren't really a thing, an article about a company was written in a high-profile website and that persons name was mentioned. He got an O1. I also know a strong competitive programmer (but no other achievements of value) who got it -…

A few years ago I hired a machinist on an O visa. He didn't even have a high school degree but years of specialization and experience. The package the lawyer assembled was pretty large to get over those kinds of hurdles. We hired a bunch of machinists. This guy was worth his weight in gold and nobody ever asked "why did you bother to bring in someone from another country?"

There is an company that got an Ukrainian wood carver on an O-1 visa. Pretty amazing wood carvings. I think the US should encourage more with unique skills likes this to migrate.

https://www.youtube.com/watch?v=bG5VOXR86w0

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

#210

Post by proberts »

quadcore wrote: post #202
proberts wrote: post #104

Earlier quoted context omitted.

Yes but you need to be careful because the line between business development/marketing and work - at least as perceived by CBP officers - can get blurred. I am assuming that the only company here is your company in France, and not in the U.S.

at least as perceived by CBP officers How do they judge the thing, by the content of your phone or computer?

If they are really concerned or suspicious, they will sometimes ask to see your phone or computer. But their analysis is what in fact the individual will be doing in the U.S. - that is, will he or she be doing productive work - and who is the primary beneficiary of the individual's activities.
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