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

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461–470 of 527 posts

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

#461
post #417

A friend has hired an engineering leader from Ukraine, entering via the United for Ukraine program which authorizes work in the US. Their family, who moved with them, is now very stressed because of the threat of losing work authorization and deportation. What are their options?

The threat is real, unfortunately. Your friend should look at switching him to a work visa, such as an O-1, which as an experienced engineer, the Ukrainian employee might qualify for.

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

#463

Hey Peter! In the current climate, what steps would you suggest for foreign-origin workers to stay safe from being detained? I know some of my foreign-born friends are carrying their EADs with them in case they are stopped by ICE, but in some statuses (e.g. H1B) that is harder to do, as you'd have to carry around your passport.

Strictly speaking, the law requires a foreign national to carry proof of status. It's not something that ever has been enforced but it might be now. Such proof would be a valid passport and the most recent I-94 admission record. If applicable, such proof also would include an I-797 approval notice and/or EAD.

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

#464
post #275

Earlier quoted context omitted.

The linked articles have no information in them, except a sob story told through one perspective. For all we know, the US was coordinating extradition or release into their home country. A person attempting to illegally crossing the border (such as the two in the article) have committed a crime and could be held on that alone - yet they were released back to their home country. Seems like a pretty good ending for the…

What sort of fucking shithole backwards country locks people up for weeks (including over a week in solitary!) for arriving with an invalid visa? If you think that is a proportional response you are a nasty, nasty person.

> What sort of fucking shithole backwards country locks people up for weeks (including over a week in solitary!) for arriving with an invalid visa?

The USA.

Or Russia

Tweedledum and Tweedledee

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

#465

In the event that the TN visa is scrapped, what would likely happen to current TN visa holders working in the US? Would there likely be some grace period? Furthermore, supposing that no equivalent to the TN visa is proposed in its place, what would be you recommend to these TN visa holders?

Unless the basis for scrapping the TN were somehow that the free trade agreement was unlawful/invalid or the TN itself were unlawful/invalid, I believe that it likely would remain valid until expiration for work purposes but probably not for international travel purposes. What the other work visa options would be would depend on the person's qualifications and job; these would include the cap subject H-1B (but this is subject to an annual lottery), the cap exempt H-1B (available year-round but with a qualifying organization), the E-2 (requiring the creation of a company and an investment or employment with an existing E-2 qualified company), and the O-1 (requiring high standard of acheivement).

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

#466

Earlier quoted context omitted.

Excellent responses. Thank you. I would add that the O-1 and the E-2 are probably the best fits to do consulting work for multiple companies in the U.S. but the O-1 requires a relatively high level of achievement and the E-2 requires a "substantial" investment by (in this case) Canadian citizens (which can include investments by you) or Canadian-owned companies and a business plan that shows the hiring of U.S. worker…

Thank you both! Follow-up question: do US employers ever provide assistance with O-1 or E-2? What is considered "a relatively high level of achievement"?

Yes, many U.S. employers, particularly those who don't want to lose out on good candidates, sponsor new hires for O-1 and E-2 visas. It's less about a "high level achievement" and really more about checking evidentiary boxes: an applicant must meet at least 3 of the listed O-1 criteria and very often for talented professionals at least 3 criteria are within reach.

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

#467

Earlier quoted context omitted.

8-10 years might be tough but definitely speak with an attorney to talk this through. Is this your first reentry permit because you can get reentry permits totaling 5 years?

Yes, this is our first reentry permit, and it has a 2 year validity.

So you should be able to get another reentry permit valid for another 2 years and then a third reentry permit valid for 1 more year. After that, it gets tougher and USCIS will look at various factors to gauge whether a green card holder has given up his or her green card, including time in the U.S., home in the U.S., assets in the U.S., employment in the U.S., family in the U.S., etc. But at a minimum, without a reentry permit, you should never be outside the U.S. continuously for more than 6 months.

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

#469

Thanks for doing this Peter! I'm the founder of an early-stage company seeking to establish an office in Phoenix, Arizona. My situation has specific immigration complexities I hope you can maybe give some pointers on. My spouse is currently subject to a 10-year bar from entering the United States due to an overstay.... We are exploring a hardship waiver (I-601/I-601A) but finding the process challenging while simulta…

Sorry for this punting response but the details here really matter (how long she overstayed, how long she's been outside the U.S., whether you or she has any health issues, what your business does, etc.) so I would recommend consulting a business immigration attorney with waiver experience

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

#470
post #95

Hi Peter, I cofound a startup with my friend (US citizen). I am Canadian. What is possible path for me to work in US? TN1 visa requires not self-employment so my startup cannot sponsor me a letter. Thanks

Under certain circumstances, a TN could work. But the other options for Canadians would be the E-2 (requiring Canadian investment) or O-1.
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