I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA • Hacker News Board

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

#261

Post by Detrytus » Fri, Jul 28, 2023, 9:08 PM UTC

joey-mamba wrote: post #7

How important is a degree for o-1? and what are easy or non-negotiables or important conditions or awards that definitely make someone qualify for a o-1?

Nobel Prize is your best bet :) Also, if you are an athlete then Olympic medals help. Other than that, it's all subjective.

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

#262

Post by proberts » Fri, Jul 28, 2023, 9:09 PM UTC

alejo1000 wrote: post #227

Do you have any software you use for your practice that you would recommend other attorneys?

My sense is that the off-the-shelf software is largely the same. I would raise this question on AILA.

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

#263

Post by ecec » Fri, Jul 28, 2023, 9:09 PM UTC

Hey Peter, thank you so much for doing this! I'm currently a F-1 student in Michigan doing CS major undergrad. In Jan, I had a DUI case with BOC: 0.09, and I just started with the whole court thing. Since I don't have a result yet, will a bad record lead to an eviction of the country or will it lead to a hard time later if I ever want to apply for green card / H1B in the future?

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

#264

Post by proberts » Fri, Jul 28, 2023, 9:09 PM UTC

jb12 wrote: post #152

Hey, you did my E-3 visa a couple years ago! Thanks for all the hard work!

You are welcome!

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

#265

Post by proberts » Fri, Jul 28, 2023, 9:12 PM UTC

jackall wrote: post #204

What are the chances of getting an EB-1C petition approved for a small startup (15 people), pre-traction, managing 7 - 8 employees directly, who are all based outside the US?

The company's size isn't a problem; the problem is that the employees whom you manage all outside the U.S. You also need to show that you managed multiple employees for at least one year abroad before transferring to the U.S.

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

#266

Post by Detrytus » Fri, Jul 28, 2023, 9:12 PM UTC

howinteresting wrote: post #215

Laaas wrote: post #96

Earlier quoted context omitted.

The child rule makes no sense to me. What was the motivation?

The idea is that adults can sponsor their parents for a green card but children cannot. Of course it makes absolutely no sense given the disruption to US citizen children's lives if their parents are deported, but US immigration generally is quite cruel if you're on the margins.

I think parents of US citizen children cannot be deported for that exact reason: it would leave the child without a parent. That's why they are called "anchor babies".

But of course if they leave the US willingly (e.g. traveling to their home country) they will be banned from ever coming back.

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

#267

Post by vethrowaway » Fri, Jul 28, 2023, 9:13 PM UTC

Hi, what would a reasonable path and timeline look like for a Venezuelan national (that holds a BSc in Engineering) hired by an U.S. software company to emigrate to the U.S. legally? Is the correct visa an H1B, or could something like an EB work better in that scenario?

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

#268

Post by proberts » Fri, Jul 28, 2023, 9:16 PM UTC

ShivTheShiv wrote: post #245

somerando7 wrote: post #159

What would be the advice for Canadians who want to start a company, but are unable to do so because they are on a TN/H1B? As I see it my only options are: a) Move back to Canada, start company there. Does this impede getting VC funding? Can I somehow move back to the US if my company becomes successful? b) Wait until I get a greencard. Further question: c) Is it better to go TN->PERM or TN->H1B->PERM, what are the dr…

Get some tax advice!!! If you own more than 10% of a foreign company your US taxes become very, very complicated. I relinquished my green card after my first tax filing. If you want to be in the US, found your company in the US.

Good advice. Always get tax and corporate advice. There's no legal issue with going from a TN to a green card but because of the current green card backlogs - because the green card process takes so long - you could be in the difficult position of needing to renew your TN or travel internationally during the process and you wouldn't be able to. So an intervening H-1B is helpful, just not required.

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

#269

Post by proberts » Fri, Jul 28, 2023, 9:17 PM UTC

dev_throw wrote: post #100

Thanks for the AMA, Peter! What are the options for a TN visa (Canadian) holder if they become permanently disabled (cancer treatment) and are unable to work at all? Are they able to renew their TN visa assuming the employer is okay with that?

Yes. An employee can maintain nonimmigrant status while on a leave of absence for health or personal reasons.

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

#270

Post by jxf » Fri, Jul 28, 2023, 9:17 PM UTC

I'm a US citizen, but just wanted to say thank you for your work in helping others immigrate to the US. Our system is both complex and complicated, and the legal and administrative staff who help immigrants and prospective immigrants navigate it are doing difficult but necessary work.