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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 proberts »

lawstudent967 wrote: post #213

I’m a midlife career changer about to start law school at 45 after 20 years in tech, and right now I am trying to figure out if criminal defense or immigration is the field I want to pursue since I have relatively equal passion for each but neither keeps me up at night so to speak. What would you say I should be thinking about to reach answers that I am more likely to be happy with in terms of the choices that will d…

That's funny because those were my two areas as well. The way that I look at it is that criminal law is much more intellectually challenging and interesting while immigration law is pretty straightforward but the application of the law to an unending variety of facts is incredibly interesting and challenging. I'd be happy to speak with you about this choice.

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

#223

Post by proberts »

sophia01 wrote: post #219
proberts wrote: post #184

Earlier quoted context omitted.

I'd be happy to answer some questions gratis and then refer you to another immigration lawyer for paid assistance.

Thank you! I am wondering how narrow the focus has to be for an EB-1A. I have been involved in a wide variety of projects, some receiving a good amount of media publicity (100+ mentions across various media), others adding up to a good number of citations (100+ total citations), and I'm also involved in a startup venture that while not yet a breakaway success, is growing quickly (60k+ users, growing 50% yoy). I'm uns…

All interesting and good questions requiring a consultation. Schedule a call with me and I can give you an initial assessment and then refer you to a good immigration lawyer.

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

#224

Post by proberts »

jackall wrote: post #185

As a Canadian on an L-1B visa, approaching the 3-year mark and an upcoming renewal, is it recommended to process it within the US or travel outside and re-enter for the processing at the border?

If you are eligible for a blanket L-1B, then absolutely do it outside through a U.S. Consulate.

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

#225

Post by proberts »

serg16 wrote: post #207

Hi Peter, Thank you for taking your time to do this. I currently hold J-1 research scholar visa. I would like to better understand what visa options I have after my J-1 ends. I am considering applying for O-1 but I need a professional advice on that. Can you recommend any immigration lawyers that can help me with that?

Schedule an initial consultation with me and then I can refer you to a good immigration lawyer to execute the plan. The O-1 is probably your best - and only - option.

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

#226

Post by proberts »

aussieInSF wrote: post #216
proberts wrote: post #198

Earlier quoted context omitted.

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 immi…

Appreciate the response. Just in case you circle back, assuming I go the EB-3 route via my employer, am I correct in thinking that an I-485 application or even going the consular processing route makes the E-3 unobtainable in the future if either fail?

Not necessarily but you will have some explaining to do when you apply for a new E-3 visa again.

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

#227

Post by proberts »

SteveVeilStream wrote: post #188

If someone is coming from China or India and is equally interested in working in Canada or the US, which way would you point them?

Unfortunately, my knowledge of Canadian immigration law - and life in Canada - is very limited so I can't give an informed response.

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

#228

Post by proberts »

dee_s101 wrote: post #182

Have O1 visa approvals slowed under the current administration, and what steps can individuals take to address this?

I haven't seen that - nearly all our O-1 petitions are still getting approved - but my view like everyone's view on this is anecdotal so I don't really know. The major changes I've seen are in the NIW context and to a lesser degree in the EB1A context.

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

#229

Post by proberts »

abafterratic872 wrote: post #199
proberts wrote: post #75

Earlier quoted context omitted.

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?

Yes, it varies significantly from applicant to applicant. Justifying extraordinary ability is more about checking certain boxes/criteria than extraordinary ability per se and so, in the end, it's usually pretty clear whether or not someone qualifies.

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

#230

Post by matt_opmistro »

Hey Peter, thanks for doing the AMA.

Kind of a high-level question... but what is the typical process of hiring someone to work in the US who isn't a US citizen?

i.e. what steps does the potential employee need to take vs the company, & in what order?

Thanks!

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