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

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431–440 of 486 posts

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

#431

Earlier quoted context omitted.

From my limited perspective, No although I have clients who have decided not to open operations in the U.S. and/or transfer employees to the U.S. because of the political situation.

Is opening operations in the US and hiring Americans such a terrible thing?

They've just decided that they don't want to be in the U.S. in the current environment. They just don't see it as good place for their business or their employees.

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

#432

Hi Peter, thank you for doing this. I am on H1b visa and my partner is on H4 dependent visa. On H4, my partner wants to open a startup but is afraid if I lose my job then she has to stop working on the H4 visa as well. I have my cousin who has a green card who is willing to be part of it, but I don't want to dependent on them. What other paths are possible? Cheers!

Being a founder is often a path to an O-1 visa so if your partner opens her startup and it does "well," then the O-1 might be an option for her if you lose your job. There's also an E-2 investor visa, which is another potential option for founders.

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

#433

Have people gotten into trouble for having a nearly empty phone when they get searched? Like using a burner phone or doing a factory reset prior to the trip. I've wondered if that would be considered suspecious.

At least one person has been subject to secondary screening and ultimately denied entry on the accusation that they had two phones. > I thought I was just going to be given my passport and sent on my way, or maybe asked a couple of questions, but they made some pretty outlandish accusations. They said, ‘We know you have two mobile phones. We’ve been tracking your calls. We know you’ve been selling drugs’. https://www…

Oh my god, the story/stories from that post are awful. I didn't know it had came to the point where people with valid visas could be detained, rejected and visas cancelled. :(

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

#434

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?

Probably the O-1 for you as well but also look at the E-2 investor visa.

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

#435

When US firms apply for H1B or J-1 work visas for foreigners, what part of the process is the most critical part or where it's most likely to fail.

For the H-1B, it's really just getting selected in the lottery, the actual substantive requirements aren't difficult; the J-1 is easy but with limited exceptions it's not supposed to be used for regular employment.

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

#436

Earlier quoted context omitted.

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 b…

The PERM is still a good path generally but it's slow and cumbersome - and often the only option.

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

#437

Hi Peter, thank you so much for doing this AMA! I'm currently trying to decide whether to appeal an EB1A decision - they agreed to meeting "plain language" for 3 criteria, but denied the application on final merit. What kind of considerations would you advise your clients to think of when making this decision?

It's impossible for me to say without reviewing the filing and the decision but the final merits analysis is incredibly subjective and discretionary so generally speaking, appealing on this issue is not a good idea. Again, generally speaking, understanding and fixing the deficiencies in the initial filing/evidence and refiling is the better approach.

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

#438

As an Spanish national and resident, can I found my company in the US without having any employee there? Would I be able to hire myself with a method other than Deel/Remote/others?

1) you don’t need any immigration permission to found a company, you can do that remotely via a lawyer or in person on a visa waiver. 2) if you aren’t working in the US, you don’t need to do any US tax paperwork to hire yourself. You need to register your foreign company under Spanish law and follow their procedures.

All correct. Thanks.

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

#439
post #318

Thank you so much for this AMA. If 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?

It's possible to renew an F-1 visa while on STEM OPT but there's some risk because a consular officer could conclude that you do not have the intent to return home to Serbia after the end of your STEM OPT. That being said, F-1 students renew their visas while on STEM OPT all the time; it's just not risk-free so you would want to be well prepared for your interview.

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

#440

Are you seeing any changes in the difficulty of the EB1A, or is it about the same as in the previous administration?

I think the same. I think the major changes are with the NIW, which is now much more difficult to get.
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