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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

#221

Post by chance_state »

CamperBob2 wrote: post #220
ciarannolan wrote: post #127

Earlier quoted context omitted.

For others who did not know what EB-1 is (like me): > The EB-1 is a preference category for United States employment-based permanent residency. It is intended for "priority workers". Those are foreign nationals who either have "extraordinary abilities", or are "outstanding professors or researchers", and also includes "some executives and managers of foreign companies who are transferred to the US". It allows them to…

>Therefore, applicants who can demonstrate their extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim are not required to have a permanent offer of employment in the US and are eligible to self-petition, however, they must intend to work in the US in their field of expertise. One example being none other than the present FLOTUS. Clearly, sh…

She is an illegal immigrant, who had an anchor baby, who engaged in chain migration. Hilarious.

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

#222

Post by wobbly_bush »

hardtke wrote: post #173
itissid wrote: post #132

Earlier quoted context omitted.

On an EB2 people like me have decades of wait time to get my GC. I think a sustainable way is to have professors and universities collaborate with H1B employees directly, to allow for them to publish papers and get in via the EB1 route. It won't work for every one, but could work for some and improve their situation and free up the Eb2/3 queues. We already have grants from the industry to universities to do research.…

Isn't the long wait due to the arbitrary cap of something like 50K GC/country/year. Seems like Congress should just fix that as part of comprehensive immigration reform.

If you are interested to read more, this page talks about the current efforts to fix the cap and the politics surrounding it (reverse chronological order) - https://redbus2us.com/s386-hr1044-green-card-bills-latest-ne...

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

#223

Post by lhorie »

titanomachy wrote: post #208
Technologix wrote: post #143

Hi Peter, thanks for doing this again. My I-94 expires at the end of the month because the expiration date of my passport. My O-1 Visa is valid until July 2022 and I just received my new passport. Any tips on how I can get my I-94 extended/updated? Is it safe to leave the US and come back (Mexico, Canada etc.) even with the current administration and travel restrictions? Thank you!

Note that Canada is unlikely to let you in right now, unless you are a citizen or permanent resident of that country. https://www.canada.ca/en/immigration-refugees-citizenship/se...

Another thing worth noting:

When you show up at a land border, you technically exit the US. Likewise, when CBSA turns you back, you'd be re-entering the US and going through US CBP. So for purposes of updating a US visas, the current ban is not relevant if you present at a land border.

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

#224

Post by nrmitchi »

lhorie wrote: post #223
titanomachy wrote: post #208

Earlier quoted context omitted.

Note that Canada is unlikely to let you in right now, unless you are a citizen or permanent resident of that country. https://www.canada.ca/en/immigration-refugees-citizenship/se...

Another thing worth noting: When you show up at a land border, you technically exit the US. Likewise, when CBSA turns you back, you'd be re-entering the US and going through US CBP. So for purposes of updating a US visas, the current ban is not relevant if you present at a land border.

That's technically true, but in the future I believe it also means that you have officially been denied entry to Canada, which could come back to bite you in the future (as silly as it is).

It also runs the risk of Canada not letting you in and turning you back, and then the US not letting you in (if they decide your status, O-1 here but often would be TN, isn't valid, or for whatever other reason), and you.... get stuck in no-mans-land? I've always legitimately wondered what happens in that situation.

If you do happen to be a citizen or permanent resident of either Canada or Mexico, it would be safest to do your border-trip at your home-country border.

_Update_: Did some real quick research, and it appears that for US/Canada at least there are agreements in place that if one country rejects your entrance (at a land border) from the other country, the other country must take you back, but could find you inadmissible and put you in immigration custody pending removal. Fun times.

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

#225

Post by tony101 »

Trias11 wrote: post #29

For how long the one can keep green card without applying for US citizenship?

Lawful permanent residency does not expire. Green cards (which are used as proof of LPR status) expire, but you can keep renewing the card without applying for citizenship.

https://www.uscis.gov/green-card/after-we-grant-your-green-c...

https://www.alllaw.com/articles/nolo/us-immigration/failed-r...

However, if you do not apply for citizenship once you are eligible, you lose certain legal protections against employment discrimination:

https://www.justice.gov/crt/8-usc-1324b-unfair-immigration-r...

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

#226

Post by tcgv »

mathraki wrote: post #148
meetapoorvgupta wrote: post #77

I am a regular Software Engineer at a FAANG company. I have a Bachelor's degree in CS and no papers or patents. What's a reliable route for me to file a successful EB-1 application? What kind of hackathons I can judge/other industry events can I speak at/be in the press to satisfy the requirements of EB-1? How can I get those opportunities?

I am a PhD dropout but as a startup founder i was able to get an EB1 in the business category (not technology/science which is the common route, even though i was CTO and had a couple papers). Something for founders or senior business leaders to consider.

Would you mind sharing the name of your startup or more information about its size, growth, product that has been key for getting an EB1?

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

#227

Post by tony101 »

ta1602267597 wrote: post #165

Hi Peter, Not exactly immigration, but it does say "AMA" . My company recently announced a leadership training program in an opt-in basis exclusively for only black or latinx employees. (White, asian, and other racial groups were warned not to signup or "identify as" the allowed groups). This leadership training will focus on career development aimed to ensure their promotions (career development). Despite interest ,…

https://www.dol.gov/general/topic/discrimination/ethnicdisc#....

https://www.eeoc.gov/prohibited-employment-policiespractices

https://www.eeoc.gov/filing-charge-discrimination

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

#228

Post by proberts »

proberts wrote: post #137
meetapoorvgupta wrote: post #77

I am a regular Software Engineer at a FAANG company. I have a Bachelor's degree in CS and no papers or patents. What's a reliable route for me to file a successful EB-1 application? What kind of hackathons I can judge/other industry events can I speak at/be in the press to satisfy the requirements of EB-1? How can I get those opportunities?

The EB1A (extraordinary ability) category has become incredibly tough (and much tougher than the O-1). Before doing anything, I would recommend that the individual get his or her background evaluated because it's a lot more and lot more nuanced than having patents or published papers or judging events. Just to avoid spending time on things that won't really lead to an approval.

It can be very difficult to draw a through line or see a pattern in the EB1A adjudications. What's clear, however, is that it's a much higher standard than it used to be. It used to be similar to the O-1 standard but now USCIS wants to see a lot more than just meeting the required three criteria; it wants to see external/third-party evidence that the applicant is set apart from most of his or her peers through, for example, the purchase of a company founded by the applicant, the widespread use of a product developed by the applicant, the receipt of a major national or international award, publications with lots and lots of citations, extensive media coverage in major media, keynote/major invited conference speaking engagements, very high base and total compensation, etc.

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

#229

Post by mLuby »

synfonaut wrote: post #175

What's the best way for a hacker to understand legal requirements? I'm building in crypto, where KYC/AML become the primary challenges for building interesting things, the tech is the easy part. I typically bootstrap, try to find product-market fit, then grow. But with the legal challenges, it significantly raises the barrier to entry. As someone who is a project-based learner, used to diving into the deep end, and f…

To confirm that your software works, you test it on a computer for $1. If you're wrong, you've wasted a few minutes of dev time and electricity. A programmer can often point out problems before you run the code.

To see if you're complying with the law correctly, you test it in court for $10K. If you're wrong, you may be fined or imprisoned. A good lawyer can often point out problems before you go to trial.

As long as the law "runs" on the minds of judges and juries, it'll be unpredictable.

(Bonus: To see if your cure for cancer works, you test it in clinical trials for $1M. If you're wrong, people may be harmed or even die. Testing on animals can often point out problems before you use it on humans.)

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

#230

Post by Axel_Nonguierma »

Hello We are a startup based in Sénégal West Africa, our mission is to facilitate access to online services in Africa for people who don't have bank accounts or prepaid cards.

All the companies we've reached out to in order to get a virtual card issuing API only work with business registered in the EU or US.

We're thinking about registering our business in the US through Stripe Atlas just to get access to an API.

We need your advices please !

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