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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

#271
post #100

I am a Canadian with a TN visa. Is there a requirement that I remain in the country (USA) during the time of this visa? I only ask because now it is tempting to go work from Canada for elongated periods, but I am not sure of the legality

No, you can remain outside; the only requirement is that when you enter the U.S. in TN status, you do your TN work.

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

#273

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To add to this DACA could have been repealed in the recent SCOTUS ruling but due to improper legal proceedure it wasnt cancelled.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…

https://www.scotusblog.com/2020/06/opinion-analysis-court-re...

> Roberts then went on to the second step in the court’s inquiry. The Duke memorandum, he observed, concluded that DACA was illegal and should be terminated because it made DACA recipients eligible for benefits such as Social Security, Medicare and the ability to work legally in the United States. Roberts declined to weigh in on whether the Trump administration was correct in concluding that DACA was illegal

I suppose we are in limbo here

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

#274

Earlier quoted context omitted.

The answer really depends on your background/accomplishments and whether you would be working for your own company or for another company. Oftentimes, for entrepreneurs, the best and easiest option is the E-2 investor visa, which is available to Swedish citizens.

Thanks For the E-2 suggestion! Since my goal is US citizenship and I’m in-between projects right now I’m open both to working for my own company or for another company. I have a master’s degree in engineering physics. I’ve had senior leadership roles in two VC-backed startups (one of which I founded and was CEO of). I’ve been covered in the press, by regional newspapers and national tech media. I’ve spoken at a numbe…

We should talk. It sounds like you'll have a good argument for a green card which then leads to citizenship. The question is which path to take in the short-term and the strength of your background likely would allow you to get an O-1 through your own company or another.

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

#275
post #31

(Current green card holder) I was scheduled to have my citizenship interview in early April that got de-scheduled. On USCIS website it still says I’m scheduled to complete the citizenship process in August, which seems unlikely. Do you have any insight as to whats a realistic timeline to receive my citizenship?

I had a friend in NY who did the citizenship interview last week. I think they're back to processing OK.

That's right, USCIS is starting to schedule in-person appointments again and it's first scheduling those whose appointments were cancelled.

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

#276
post #246

German citizen here. Q1) What is (/are) the easiest path(s) to start a company in the US and/or seek funding there for Europeans? How costly is it? Q2) If there's already a company registered in Germany for example, how costly (approximately) is the process to "register a subsidiary" in the US (required for YC), and how would the visas work? (Would spouses be allowed and be able to get a working permit?)

Q1) starting a LLC in Delaware/Nevada <$200, renting a P.O.Box that scans incoming mail <$100/year. You can't start an S-Corp (but you can tax a LLC as S-Corp) and starting a C-Corp can get very expensive (tax based on the number of shares). Most VCs require a C-Corp. Angels might be fine with an LLC.

Do you have to pay tax in USA though?

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

#278

Earlier quoted context omitted.

My last job in Canada paid me $70k CAD, or $52k USD. The same job in the US would likely pay me $115k USD.

Sure, but in Canada you've got a much more robust social safety net and healthcare not to mention a sane leader. Now that a lot of jobs are allowing remote work why not live in Canada and work for a US company?

A safety net and gov provided healthcare isn't all that important for your average high earning single tech worker who has no kids.

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

#279

For seed stage startups ( Are you seeing a change in approval rates after the recent USCIS-ITServe settlement for startup H1Bs?

The chance of approval really isn't tied to the size or reputation of the company but more to the job and the individual's background and we're seeing high approval rates where the job is clearly an H-1B job (such as a software engineer) and the individual has a related degree (such as computer science) even for small startups. The real challenge comes with filing H-1B petitions for founders/those with significant ownership interests.

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

#280

Hi Peter, I'm an Indian citizen who's working with a startup in the Bay Area. I'm applying for EB-3 (the company is applying) and EB-1 (through another law firm) simultaneously. Are there any concerns with timing?

No. You can pursue both particularly since one (the EB1A) is likely being done as a self-petition.
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