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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

#311
My wife recently got her O1 visa approved and I'll be getting an O3 as dependent. I currently have an app that I'm actively developing that generates $50-$100 per month. I might be able to stop development, but at the very least would need to support the customers. I also have some product ideas I'd like to build and potentially monetize.

What are my options?

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

#314
post #193

Earlier 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.

Seriously? I can't renew it? I'm just at the start of my OPT, I can't not visit home for 3 years ...

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

#315

I 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).

I understand, thank you for answering

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

#317

Hi 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…

I've heard similar accounts, and anecdotally holds up, although my experience travelling for work specifically is limited. Incidentally, as a Canadian, I've been searched many more times, if not 100% of the time, coming back from the states than going in. Security theater in both directions though for sure, just looking for a slip up. Going in to the states, I once had a slightly vague answer about where I was staying because I'd planned to camp on a long road trip. They pulled me into the lineup and then asked me again, I tried explaining but they just wanted an address and hinted as such, so I just google searched a hotel in front of them and gave them that. They've got boxes to check.

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

#319
post #205

Earlier 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...

I edited my reply because it is sometimes referred to as both. But hey, can't rob you of the joy of correcting someone on the Internet.

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

#320

Thanks 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.

Thanks Peter. I'm very unremarkable as a software engineer, no publications or anything like that either. It's unlikely I would qualify for NIW or O-1.

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.

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