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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

#261

Post by random323423 »

newacct583 wrote: post #199
random323423 wrote: post #181

I met someone recently from one of the countries south of the US border that came to the US as a kid. Very talented and hardworking but undocumented. She may be here on the Dream act, but I did not feel it appropriate to ask at the time. Currently she is doing a masters degree in mechatronics and robotics. Schools are are not allowed to ask about status, so she is taking the opportunity to invest as much as possible…

FWIW: there is no DREAM act, it never passed. DACA is an executive order, not a law, and (somewhat hilariously in context) it remains in effect, allowing undocumented immigrants who arrived as children to get a renewable work permit. That permit allows someone to live and work in the country. Anyone can hire her as long as she has it. As far as starting a company: that's an interesting question. That's not an employm…

Thanks for clarifying, I wasn't aware how it all worked.

Not sure I have much to add. Some of my closest friends have been immigrants and refugees with an unbelievable amount of courage in the face of a red-tape system.

This friend is many years younger to me (I'm enrolled in the university as an adult working-professional student). Generally, given her ability to earn based on her skills, I am simply trying to understand what opportunities are available to people in her situation.

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

#262

Post by newacct583 »

qserasera wrote: post #212
newacct583 wrote: post #199

Earlier quoted context omitted.

FWIW: there is no DREAM act, it never passed. DACA is an executive order, not a law, and (somewhat hilariously in context) it remains in effect, allowing undocumented immigrants who arrived as children to get a renewable work permit. That permit allows someone to live and work in the country. Anyone can hire her as long as she has it. As far as starting a company: that's an interesting question. That's not an employm…

To add to this DACA could have been repealed in the recent SCOTUS ruling but due to improper legal proceedure it wasnt cancelled. I don't know if anything else would threaten DACA.

That's not right. They didn't rule on its legality at all (though they have in the past, in other cases, and let it stand as it exists). They ruled that the executive branch (under Trump) has the authority to cancel the EO written under the Obama administration (which is sort of a "duh" thing, of course it does), but that the justification provided for the action was arbitrary and capricious (in the technical sense defined by the Administrative Procedures Act).

Loosely: any president can undo any executive action by a previous president, but you can't chuck a law simply because you don't want immigrants in the country.

Really all the Trump administration needs to do is write up a reasonable plan for rolling this back and they can do it.

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

#263

Post by enigmatic0202 »

Hopefully this is within the scope of what you can cover: - My employer will sponsor my green card (EB3) which I'm hesitant to take given the lower priority. I also don't want to be tied down to the employer. How flexible are EB2 and EB1 criteria? - I currently am on TN and have H1B (but haven't activated yet)

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

#264

Post by proberts »

santiagosada wrote: post #147

Mexican + Spanish national here. I dropped out off college to do my YC startup. I'm aware TN visas require a degree, but as far as I can see that's not the case with O-1. Even if it's technically not a requirement, would you say this will significantly affect my O-1 chances?

Education is really irrelevant in the O-1 context (and also not required for a few TN occupations) except to the extent (meaning PhD) that it might signify something else (such as publications or original work) but one can publish and do original work without a degree.

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

#265

Post by qserasera »

TheCoelacanth wrote: post #235
qserasera wrote: post #212

Earlier quoted context omitted.

To add to this DACA could have been repealed in the recent SCOTUS ruling but due to improper legal proceedure it wasnt cancelled. I don't know if anything else would threaten DACA.

What part of the ruling said that DACA was illegal? My understanding was that they said that the current administration did have the power to end DACA, but that the justification they gave for doing so (that DACA was illegal) was incorrect, so it could not be ended until they gave a proper justification for it.

This blog is usually solid https://www.scotusblog.com/2020/06/opinion-analysis-court-re...

Ruiling:

>Today Chief Justice John Roberts, joined by the court’s four more liberal justices, agreed with the challengers that the decision to terminate DACA violated the APA. Before they could reach that key issue in the case, however, they had to dispose of a threshold question: whether courts have the power to review the decision to end DACA in the first place.

>Roberts reiterated that the court was not deciding “whether DACA or its rescission are sound policies.” Instead, he stressed, the court addressed “only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action” – which, in the majority’s view, it did not.

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

#266

Post by proberts »

roboticfish wrote: post #205

I'm a Greencard holder who has applied for an I-130 prior to COVID-19 for my wife through the F2A category, I know that spouses of citizens can still file I-130s, but the wording wasn't clear for permanent residents. Will my application be denied due to the executive order? This is the executive order I am talking about: ttps://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-…

It won't be denied; processing just might be delayed.

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

#267

Post by proberts »

loftyal wrote: post #184

I can get an E3 visa, looking to move the US. I have a few online side projects that generate some money, am I still legally able to work on these on the side whilst working my main job? Bank account that im paid into and business will still be registered in Australia

Not really unfortunately. While in the U.S. on an E-3, you can only work for your E-3 employer; the source of the payment doesn't change this.

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

#268

Post by proberts »

tmountain wrote: post #113

Can you comment on how the EU travel ban on US citizens affects a US citizens ability to live/work in the EU under the umbrella of a non-lucrative visa? If a US citizen receives a non-lucrative visa, would they be able to immigrate to the EU?

Unfortunately, I can't comment on European immigration.

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

#269

Post by [deleted] »

newacct583 wrote: post #262
qserasera wrote: post #212

Earlier quoted context omitted.

To add to this DACA could have been repealed in the recent SCOTUS ruling but due to improper legal proceedure it wasnt cancelled. I don't know if anything else would threaten DACA.

That's not right. They didn't rule on its legality at all (though they have in the past, in other cases, and let it stand as it exists). They ruled that the executive branch (under Trump) has the authority to cancel the EO written under the Obama administration (which is sort of a "duh" thing, of course it does), but that the justification provided for the action was arbitrary and capricious (in the technical sense d…

[deleted]

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

#270

Post by dev_throw »

Canadian citizen here, working at a late stage startup. I could not fly out to renew my visa due to the pandemic, so we went through USCIS. My visa appeal has gone into an RFE, and there is a chance it could get denied. I have a couple more months left.

Do American companies have to do anything special immigration-wise for an employee to work from Canada (either temporarily or permanent)? Or is it just a matter of me moving back to Canada and invoicing the company as a sole proprietor (contractor)? Is that a simple solution I could pitch my company?

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