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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

#241
post #17

Hi Peter - Thanks for taking the time to answer some questions! I've got some UK related questions... I hope they are factual discussion-related enough :-) In order to sponsor people in the UK, a company must designate an Authorising Officer (AO) ( https://www.gov.uk/uk-visa-sponsorship-employers/sponsorship... ). I'm under the impression that this person is mostly a figurehead that signs off on things because the UK…

The AO does not have to be a UK citizen, no. If such a requirement were in place, it would be made clear. They do need to be based in the UK, though, as well as meet all other criteria outlined by UKVI.

The AO should be the most senior person involved in all recruitment of migrant workers. In this case, it is usually a manager, yes.

Where are the transparency concerns coming from? What information would you NOT want an AO to access?

It’s impossible to say whether Brexit would impact this. In theory, no, but if the UK leaves without a deal, EU migration would be affected. Non-EU migration would remain the same.

Let me know if you have any other questions.

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

#243

Are you familiar with immigration to countries other than the US? I have been working in this country as a web developer for the past 2 1/2 years now; I have American and Hong Kong citizenship. (I would be willing to renounce one of them). I was thinking of eventually working in New Zealand or Japan and possibly settling down there as well. I was wondering how difficult it would be to secure employment in my field th…

I can give you some info on working in Japan. I'm not a lawyer and I also haven't done any of this (I live in Japan on a spousal visa). However, I'm relatively familiar with the rules. I have a consulting company and at one point I was considering bringing in someone -- in the end I decided it was too risky financially and gave up. One thing I will say up front, though: you need a bachelor's degree from a recognised…

This is _extremely_ helpful. Thank you!

Do you know what would count as a recognised university? I do have a bachelor's, but at a UC that is not UCLA, and in an area of study that has nothing to do with my current work. I have been thinking about getting a master's in physics or mathematics -- would either count as an "engineering" degree?

I'm currently full-time contracting for a subsidiary of a Japanese company; however, I'm in their motion pictures division, which I'm pretty sure is solely based in the US unfortunately. I don't know if it would be possible to get a transfer to another subsidiary with locations in Japan or how I would even try without stepping on someone else's toes. I'm also hesitant to ask my immediate supervisor for transfer information as a contractor and I'm not optimistic this will turn into a direct hire offer, as it seems like a lot of my coworkers are contractors who have been there for a while.

Do you recommend any cheap resources specifically for the JLPT N1 test? I have some conversational fluency in Japanese due to traveling (and knowing Chinese helps with writing) but nothing academic. I've looked up private Japanese teachers in my area, but they're all really pricey :/

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

#244

Earlier quoted context omitted.

Essentially, the definition is providing a service/benefit to an entity or person in the U.S. while in the U.S. and receiving something of value in return. So, broadly speaking, this appears to encompass what you describe. What exactly are you doing when you are in the U.S.?

To be more precise I'm a founder and CEO of the entity in the USA, and I'm do all the business only as an entity. What do I do: Usually, I have rounds of meetings with companies who are looking for the software development team in East European countries. Each deal takes 3-4 months to make and basically thats why I need to travel back and forth (there are might be some problems with a client in the USA or with engine…

Sales, what you just described, is a pretty clear cut case of exchanging value.

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

#245
post #108

Earlier quoted context omitted.

That's tough because of ITAR. Essentially, the company/investors would need to be okay with limiting his access while he applies for a green card but the green card process is very slow now even for EB1s so it could be a couple of years before he has a green card.

Thank you. Now where to find such investors is another story...

Most large aerospace firms have experince with this and are willing to wait out the process for the right person. That said, the bar for the 'right person' is much higher generally, even if it should not be. The bigger the company, generally more 'fair' the hiring. Ymmv.

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

#246
post #156

Hey Peter, I have a startup project (c-corp via stripe atlas) and I have a developer interested in working with me. Developer is a citizen of Mexico and currently works for FANG company in Washington State on TN Visa. What would be the most ideal approach to having this person work with me on the startup project (equity-only 1099 contractor)? I have learned that one can get a 2nd TN Visa, but we're unsure if the prim…

>Since it's on nights/weekends, it shouldn't be employer #1's business I agree that it shouldn't be their business, but I would be careful with making a broad assumption like that. That applies to everyone regardless of their immigration/citizenship status. As discussed in another thread yesterday [0], at least one of the FANG companies (Google) owns all the code you write while employed by them, even if it is writte…

> at least one of the FANG companies (Google) owns all the code you write while employed by them

this is absolutely insane and shouldn't be legal.

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

#247

Thank you very much for doing this. Throw away account for obvious reason. In the US now; Originally from Taiwan/ROC. 40 years old. Basically Dreamer category but not young enough to qualify for DACA. Missed 245i as I was young and didn't paid attention. Didn't finished college. Other than my status(can't leave the country, can't fly easily in late 2020) doing pretty well in tech. Talked to many lawyers and doesn't s…

Sorry if this question is inappropriate. I emphasize with your situation as someone with a family history from a similar region.

How can you work in the US without residency? I'm in Australia, and it would be impossible to open a bank account or get employed without proof of legal residency. I might be naive, but I expected the US to be even stricter on this front based on their international image.

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

#248

A slightly frivolous question but I'd like to hear your opinion. If you were to design an immigration system from the ground up, how would you do it? How would you decide who gets work visas etc? I deal with immigration to Japan a fair amount and while I feel the system is relatively favourable for workers it can be extremely capricious and opaque.

I'm curious what problems you've seen with the Japanese immigration system. Every time I've had to do anything it's been literally a rubber stamp type affair. I admit to not having to deal with any grey areas, though. I've always obviously fit the criteria for the visa.

In general I think the system is rather good. If you have a job lined up getting into the country is pretty smooth and renewals are mostly straightforward.

Probably the most common source of problems I see is the rule that you must have a longer than 1-year residence status to apply for permanent residence. The max I've seen is 11 one year renewals in a row. It really does seem random. One situation featured a couple were both employed by the same company doing the same job, came to Japan together (same entry date), were living together (same home address) and yet got different lengths of residency.

I think it's clear that an opaque system is a feature not a bug as far as the immigration office is concerned, but that does little to put the minds of people stuck in the system at ease.

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

#249

Earlier quoted context omitted.

I can give you some info on working in Japan. I'm not a lawyer and I also haven't done any of this (I live in Japan on a spousal visa). However, I'm relatively familiar with the rules. I have a consulting company and at one point I was considering bringing in someone -- in the end I decided it was too risky financially and gave up. One thing I will say up front, though: you need a bachelor's degree from a recognised…

This is _extremely_ helpful. Thank you! Do you know what would count as a recognised university? I do have a bachelor's, but at a UC that is not UCLA, and in an area of study that has nothing to do with my current work. I have been thinking about getting a master's in physics or mathematics -- would either count as an "engineering" degree? I'm currently full-time contracting for a subsidiary of a Japanese company; ho…

Sorry for the slow reply. I'm pretty sure UC would qualify. It's a state university. Some technical colleges would not. I don't believe physics or math would qualify, but it's hard to say. I've been told that my Comp Sci degree would be OK, even though it is a science degree. If you are doing it with an aim to try for skilled transfer, it would be best to call up the embassy to get advice.

In terms of transfers, being a contractor doesn't count. You need to be a regular employee and you need to have worked for the company for at least 1 year as a regular employee (your contractor time doesn't count for anything).

Honestly, as a contractor, I wouldn't feel bad at all about being clear that you are looking to get work with the Japanese parent company. But it depends on your relationships. Make sure you've been working there for a fair amount of time (either until your contract is almost up -- or at least 18 months) so that they don't think of themselves as just a stepping stone. But it's completely normal for a contractor to be looking for new work. That's why your are a contractor!

Here's how it works in Japan. If you aren't hired out of school, you can only get a job as a contractor. These contracts are year long affairs (and always start on April 1st). Around about the beginning of March the next year, you hear if they are going to keep you for another year. For most jobs, it's pretty clear earlier, but it's never official until sometime in March.

If you've been working with the company for several years and are doing a very good job, you may be made an employee (shokunin). The company has huge responsibilities for shokunin, so this is not a light decision. Also, this is usually one of those "jobs for life", so it's important that you take it seriously too. If you take a shokunin position and leave it (for any reason), you almost certainly will never be offered another shokunin position again -- anywhere. You might even have trouble getting contract work, so like I say, it's a huge deal.

If you want to get a transfer with a Japanese company, then you need to be a shokunin. There is no other way. They can't transfer contractors. If you decide that you like the company and are willing to devote your working career to them, then I think it's OK to discretely let them know. You can say, "I'm looking to work for the main company and maybe someday maybe even be an employee".

I should say, though, that employees of Japanese companies rarely get much say in where they are being transferred. If you manage to get a shokunin position and you Japanese is good enough, there is a good chance they will send you Japan for a few years to learn the business. However, they might just send you right back to the US or China since you have the special skill of being comfortable in those cultures. In fact, it is likely that this will be your big selling point if they go that far. So.... It's maybe not the best option :-)

Trying to find a US company that can transfer you there may be better.

However, by far the easiest way to get to Japan to do engineering work is to get an engineering degree and get a job offer at Rakuten or Line or one of the many other large companies that hire foreigners. Quite a lot of the development in Tokyo and Osaka is done in English, even.

If you just want to live in Japan and don't mind being poor, then you can always get a job teaching English. You need a bachelor's degree of any type (which you have) and you have to be fluent in English (best if you are a native English speaker). Having Chinese speaking ability is probably a massive plus in larger centers because teaching Chinese is getting more and more popular. The main problem is that you only make between $20K and $30K a year.

Finally, for JLPT... Sigh... I have to admit that I've never actually taken it. However, every single person I know (except 1) who passed N1 did it through self study alone. You can find guides in the bookstore. All of them are good for studying for JLPT.

For learning in general, I advocate free reading. Start with manga because it is pure conversational. Best if you can read stuff that is "slice of life" over fantasy. Once you can read manga fairly easily, switch to children's books (like Momotarou, etc) -- the grammar and vocabulary in children's books are more literary and not how people talk, but it's a good gateway into novels. Look up 昔話 on google and you should be able to find lots of free resources. Finally move on to novels for young children (I read 若おかみは小学生! mainly because a friend recommended it -- very easy to read and there are lots of books). Then work your way up to more difficult novels and non-fiction books and magazines.

There is a listening test in JLPT but no speaking test. If you read some manga or young-kids books and then watch the anime, that will probably be enough to get the listening skills you need.

Use anki (SRS software) to memorize vocabulary. You can also use it to memorise exemplars of grammar -- just grammar examples. Tae Kim's grammar guide (google it) is the only thing you need for normal conversation in Japan. Start with that. Once you have acquired everything in that guide, then start working through the grammar lists in the JLPT guides.

Since you can read Chinese, I would skip studying kanji at all. The only thing you should do is to set up an Anki deck to memorise all of the vocabulary from the kanji -> reading only (and a different deck for memorizing from English -> Japanese reading/kanji). This should give you more than enough familiarity with the numerous Japanese readings for kanji. The other thing you should probably do is to memorise kanji -> reading for lists of common Japanese names and place names. I can easily pass the kanji requirement for N1 and I've never studied Kanji readings in my life -- I've just read a lot of kanji ;-)

2 years is possible. My one friend who took a course did it at some academy in California (I can't remember the name... It's some animal name and "Academy") They offered a 2 year course to pass JLPT 1 (this is before the N-1 was offered, but it's similar). The cost was $60K IIRC :-) But it worked (at least for my friend) -- he went from nothing to JLPT 1 in the 2 years.

The main key is to learn language through context. Try to find example sentences for every piece of vocabulary you need to memorise. Learn those sentences instead. The other main key is that you need to study frequently, but not necessarily for a long time. 3 times a week, no matter how long you study, will result in hitting a ceiling. Best is to study 10-15 minutes every couple of hours, 7 times a week. If it's constant like that, you'll learn very quickly. It's tiring, though.

Anyway, good luck!

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

#250
post #246

Earlier quoted context omitted.

>Since it's on nights/weekends, it shouldn't be employer #1's business I agree that it shouldn't be their business, but I would be careful with making a broad assumption like that. That applies to everyone regardless of their immigration/citizenship status. As discussed in another thread yesterday [0], at least one of the FANG companies (Google) owns all the code you write while employed by them, even if it is writte…

> at least one of the FANG companies (Google) owns all the code you write while employed by them this is absolutely insane and shouldn't be legal.

Fully agreed. Too bad that the recent antitrust action against Google that has pretty much all the states in on it (minus 2) + DC + Puerto Rico excludes CA specifically [0]. Tells a lot about how much CA actually cares about fairness and "fighting for the little man", as opposed to just straight up virtue signaling.

0. https://news.ycombinator.com/item?id=20920731

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