What are immigration-acceptable ways for a person on a H1-B to start a company and work for it? For someone who is Indian, are there options to found a startup and spend the majority of their time on it?
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
#282German 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.
I've always thought converting an LLC to a C-Corp is either not possible or prohibitively expensive, even for a growing startup. Is that the case?
Also Nevada? That's new to me!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#283I’ve applied for a position as a founder/ ceo for a venture incubated with a VC. My OPT just expired and i’m on my grace period. Can they get me some sort of entrepreneurship visa like the EB?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#284Earlier 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?
Because salaries are adjusted based on which postal code you live at, so you'll be getting Canadian wages if you're working in Canada.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#285Earlier quoted context omitted.
2 passports only help for situations in which they really only check entry/exit stamps in your passport. In this case, when applying for ESTA, you explicitly have to declare that you haven't been to the above-mentioned countries and therefore qualify. If you tick the wrong box, its quite possible that they i) either reject your ESTA application ii) or reject entry to the country on arrival and in both cases that sign…
I wouldn't be surprised if that is considered a crime punishable by imprisonment. Would claims made in ESTA application fall under this: https://www.law.cornell.edu/uscode/text/18/1546
How would that work? Surely, if they knew you'd lied they'd refuse your visa so you couldn't travel to USA. If they didn't know they would, possibly, give a visa; how would they later find out you'd lied if they didn't know in the first instance? Do they go and re-check visa applications? Do they lie and give visas to people just so they can lock them up for falsely acquiring a visa??
Didn't the current First Lady falsely immigrate, lying about work or something, so it can't be that much of an issue to lie in your paperwork or she would have gone to prison??
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#286The immigration specialist at our institution is strongly recommending that new green card applications go through non-PERM categories, such as EB-1 or EB-2 NIW, presumably because it will be harder to get this certification. Do you have any opinions on this? Also, do you expect USCIS to become more strict when it comes to EB-2 NIW applications? Thanks!
I haven't seen any real changes with PERM yet but that's a valid concern if unemployment remains as high as it is. That's a judgment call. Even with that policy, I'd probably still pursue PERMs (as opposed to doing nothing) for those who don't have strong NIWs. We've seen a tightening of NIW adjudications recently (particularly for non-founders) so these need to be pursued carefully and cautiously. The primary issue is on whether the applicant is doing something or has certain skills that don't lend themselves to a PERM application - that is, a test of the labor market - and this can be a tough standard to meet.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#287- I'm an international student currently in the US on F1
- I'm going to start working full-time for a big US tech company.
- I'm a citizen of a European country that requests a very small number of green cards.
Assuming I can get an H1B visa, how long does it usually take to get an employer-sponsored green card, from the time of filing of said green card?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#288Does an approved H1-B extension necessarily extends the i-94 date?
If not, is the only alternative to leave the country, get a new visa stamp(which is not possible till Dec 31, AFAIK) and reenter the country?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#289L1-B holder here, in the process of getting my PERM. Lawyers told me that my degree does not qualify as a BSc, even after I send them the certificate that proves it does. Apparently, anything under five years is not considered a BSc. They also told me that my 15+ years of experience have little value, as they will only consider the five most recent. What is the position of the USCIS about this?
I obtained PERM with L1 visa and my BSc took 4 years, so that is definitely not the problem.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#290My wife moved here last year on a K-1 Visa and currently has her EAD while awaiting her green card which has been delayed even further than normal due to Covid-19 office closures.
She's a data scientist and has had numerous interested recruiters call her only to ask if she has a green card. When she states she has an EAD and IS awaiting her Green Card they say that's not sufficient and end the conversation. Is this legal? Seems like discrimination and is extremely frustrating for the both of us.