Have current polictics influenced your work, or nothing really has significantly changed?
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
41–50 of 341 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#42From your perspective, is it easier for people to apply for a visa with a different employer after they already have one with a different employer in the USA or is it the same as if they were applying from abroad the first time?
I've felt at times like switching jobs from an E2 to a TN visa might be risky if they evaluate me the same as any other candidate given I don't have a formal CS education.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#43I've heard that NAFTA provides an easier immigration process for employees in a NAFTA country (Canada or Mexico). How does that work, and what are the limitations and trade-offs of this method, if any?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#44What are the chances of obtaining an EB-2 National Interest Waiver (NIW) visa for startup entrepreneurs?
Particularly after the new guidelines of Dhanasar.
Or what would need to be shown particularly?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#45To get an L1-A or even L1-B visa, does company size matter or is taken into consideration ? We are setting up a subsidiary company of our US company in a foreign country and the team size is 5 right now. Is that too small to consider issuing an L1-A/B for one of the team members whom we may need in the US after some time.
Yes, the size of the company matters but even more important than size is the specifics regarding the potential transferee's job duties - for example, how many employees is he or she managing now and how many will he or she be managing in the U.S. or how advanced, specialized, or proprietary is the knowledge possessed by the potential transferee and required for the performance of his or her job now and in the U.S.? Note that as a general rule, new/small company Ls are tough to get approved and almost always involve a battle with USCIS.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#46What are the chances of obtaining an EB-2 National Interest Waiver (NIW) visa for startup entrepreneurs? Particularly after the new guidelines of Dhanasar. Or what would need to be shown particularly?
Still high if the individual's background is strong and the national interest is clear.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#47Hi Peter, Should a person who is in H1B wants to create a startup in US, what kind of VISA issues that he/she might run into?
Why do some people capitalise ‘visa’? What are you under the impression it stands for?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#48Is the american dream over for Indian nationals (multiple decades wait for GC in EB2/EB3 category). What would you suggest to people stuck in backlog?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#49Hi Peter,
These days, will getting an MS from a US university help in any way in expediting Green Card?
I have not begun applying to MS yet
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#50From your perspective, is it easier for people to apply for a visa with a different employer after they already have one with a different employer in the USA or is it the same as if they were applying from abroad the first time? I've felt at times like switching jobs from an E2 to a TN visa might be risky if they evaluate me the same as any other candidate given I don't have a formal CS education.
There's really no deference given to prior approvals except sometimes in the O-1 context.