What are my options?
I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
311–320 of 486 posts
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#312Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#313Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#314Earlier quoted context omitted.
O1 is an inferior visa, so they are right that you should be trying for H1B before going for an O1. I'm assuming that you are on OPT or some other visa category. There is likely no advantage to getting an O1 in your current situation.
> likely no advantage Freedom to travel. Can't realistically renew F1.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#315I won the DV lottery do you know of any companies that are willing to hire remotely and then help with relocation to the USA?
I don't have a list, unfortunately (and further I wouldn't be able to disclose names because of client confidentiality requirements).
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#316Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#317Hi Peter, thanks for doing this AMA. I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give you…
> I have been reading a lot of articles about detentions at US airports and phone checks. I travel internationally all the time. I work with companies in China, Singapore, Japan, Australia, Europe and Latin America. Meaning, I know lots of people who travel internationally with great frequency. I have never heard from anyone having any such problems. Ever. Not during this administration nor others. Stop listening to…
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#318If I am on STEM OPT and my F1 visa has expired, what are my chances of renewing my F1 visa if I visit home in Serbia and want to return to USA to work in person?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#319Earlier quoted context omitted.
TN is not a visa and all you need to get this status is a job offer. There's really no work of any specialized nature but some companies do get legal advice to help streamline the process and get better outcomes like reducing the probability that the person would be denied. (EDIT: it is sometimes referred to a visa and sometimes as a status but at any rate as someone who had TN status with two different US startups t…
The US State Department literally calls it a visa, I'd trust them before I trust random Internet commenters: https://travel.state.gov/content/travel/en/us-visas/employme...
https://www.uscis.gov/working-in-the-united-states/temporary...
"If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.
You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:"
"You may be eligible for TN nonimmigrant status, if:
You are a citizen of Canada or Mexico;
Your profession qualifies under the regulations;
The position in the United States requires a NAFTA professional;
You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment - see documentation required below); and
You have the qualifications to practice in the profession in question."
"If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant. "The main point is this has none of the process usually related to "visas" and even if that term is sometimes used along with "TN status" it's its own special thing. Canadians don't need a Visa to visit the US and I am not a lawyer. Mexicans might be in a slightly different situation. Either way, the proper legal answer has no influence whatsoever on the points being made.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#320Thanks for doing this Peter. Quick question. I'm in the US using E-3 visa since July 2024, working as a software engineer for a smallish non-faang company. I am fully remote in the Bay area and there is no office, but technically the company is based in NYC. New hiring for SWEs is outside the US. There haven't been layoffs in the last 12 months and it doesn't seem like there will be. What is the best way for me to pu…
Broadly, an E-3 visa holder can pursue a green card and we sponsor a lot but there are potential issues, most notably, when seeking to renew an E-3 visa while in the green card process. Alternatives to the PERM (labor market test) based green process are the national interest waiver and extraordinary ability paths, which are not tied to a specific job/employer but require a high level of achievement.
You seem to agree that PERM would be problematic in these times? Maybe you are seeing failures too? My thinking is that I don't want to try to persuade my employer to start the sponsorship process but then fail the market test (potentially repeatedly). Some SWEs are being successful in this though, so I'm wondering if it's also down to having a good law firm handle the process.