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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 #78

Peter, what are some common mistakes you see early founders making?

I'm not a businessperson so I'm not really in a position to comment but from my limited perspective (and I'm as guilty as anyone) is not putting in place strong non-revenue generating processes and infrastructure early on, such as human resources and operations.

Sorry, I meant from a lawyer's perspective. Thanks.

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

#242

What's the best way for a U.S. citizen to lobby for more open immigration law?

Fixing immigration law would make it harder for politicians to use migrants for negotiation. For example: DACA's existence helps both democrats and republicans. Helping or attacking DACA is profitable politically. Fixing DACA for good is not.

> Fixing DACA for good is not

That was the same argument made about abortion but Republicans "fixed" it.

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

#244
post #2

I work at a large corp I want to take part in Iceland's long term remote worker visa to visit for 6 months HR thinks this may be a tax liability, but the duration is explicitly less than long enough to be considered a tax resident Is there an issue with the large corp having an office in Iceland or is HR being overly cautious? (extra detail I don't think should matter: I'm Canadian, company is American)

Beyond the contractor solution you could go for a Place of Employment (POE) solution like remote.com or Deel. The POE would employ you and ensure the tax and employment liabilities are taken care of.

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

#245
post #240
post #235

Earlier quoted context omitted.

Not a or the lawyer but I'm pretty sure the answer is yes because I was in that status. I lived in Canada and I held a TN so I'd be able to occasionally travel and work in the US when needed.

Thanks for the reply, I suspected that was the case. Was your payroll done in the US or Canada?

Canada. I'm not sure that matters for TN purposes but most companies would want to do that to make sure they comply with Canadian employment laws (unless you're a contractor I guess?).

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

#246

Earlier quoted context omitted.

I see! That'll be a challenge if I ask some top tier VC to share all the details of their recent fundings. How long does it take to get IEP approved? Do I need to re-enter into USA after it's approved?

We're seeing 4-6 months for an IEP application to get reviewed and once approved (unless Canadian), the applicant would need to leave the U.S. (unless already outside) and apply for a parole at a U.S. Consulate.

Thanks for the response. I am considering applying O1 now.

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

#247

Earlier quoted context omitted.

It is probably more precise to just stick with the term "US-legal" instead of thinking about birth. That's a better term I should have used. The mechanism is if there's one perfect candidate of the right age, race and caste but the person isn't US-legal, then companies will be forced to consider people of the wrong age, race or caste. Maybe not right away, but when the supply of the perfect age/race/caste US-legal pe…

That's an interesting take; I haven't ever heard that argument used a defense of the Jones Act https://en.wikipedia.org/wiki/Merchant_Marine_Act_of_1920 , which is the classic example of protectionist/anti-foreigner-employment legislation.

Certainly it cuts both ways. But I think in the case of H1b visas, the people are all coming from a few areas of the world that are already overrepresented in Silicon Valley. It's largely a question of what does the country owe to the people who helped build it and fund it with the taxes they paid. Should the country be able to toss them aside for low-priced import labor? Certainly protectionist measures can be misused to create overprotected classes, but in this area I think the ageism especially in the US is really a problem.

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

#248

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.

April of 2017
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