Live data from Hacker News

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

news.ycombinator.com

51–60 of 248 posts

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

#51
post #31

Regarding the O-1 visa class as a consideration to migrate to the States: 1) What is the threshold for extraordinary? How is extraordinary established? 2) Is there a quota on the number of visas issued per year? Related, is there a quota on the number of visas per country of birth?

1) It's less about whether the individual is extraordinary and more about whether he or she can check - through evidence - at least 3 of the O-1 boxes. 2) There are no O-1 quotas.

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

#52

I'm on an F1 visa doing a PhD program that is designed for professionals. If I get a chance to pursue an H1B visa, can I switch and still continue doing my program? Thank you for your time!

Yes but your schooling can't be your primary activity; your H-1B employment must be.

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

#53
Hi Peter, thanks for doing these AMAs! I’m a Canadian currently working in the US on a TN visa. I am interested in starting my own SaaS startup.

I’m currently exploring my options to raise a pre-seed round as a solo founder. Will I be able to stay in the Bay Area to start a company as a solo founder with some pre-seed and angel investors?

If not, will it be possible with an American co-founder? If not that, what is the best way for a Canadian technical founder to continue to stay in the Bay Area to startup?

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

#54
post #31

Regarding the O-1 visa class as a consideration to migrate to the States: 1) What is the threshold for extraordinary? How is extraordinary established? 2) Is there a quota on the number of visas issued per year? Related, is there a quota on the number of visas per country of birth?

I'm not Peter, but I guess I can answer this: 1) For O1 it's checking the boxes - one paper or one award is the same as 10 papers or 10 awards. Even for non-technical people where papers aren't really a thing, an article about a company was written in a high-profile website and that persons name was mentioned. He got an O1. I also know a strong competitive programmer (but no other achievements of value) who got it -…

Well said!

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

#55

Earlier quoted context omitted.

I'm not Peter, but I guess I can answer this: 1) For O1 it's checking the boxes - one paper or one award is the same as 10 papers or 10 awards. Even for non-technical people where papers aren't really a thing, an article about a company was written in a high-profile website and that persons name was mentioned. He got an O1. I also know a strong competitive programmer (but no other achievements of value) who got it -…

Well said!

Sorry! I meant well said!

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

#56

I'm on an F1 visa doing a PhD program that is designed for professionals. If I get a chance to pursue an H1B visa, can I switch and still continue doing my program? Thank you for your time!

The H1B is specifically a work visa. You need an employer to sponsor you in order to get into the lottery, but it places no restrictions on education you might attain while you have it.

Basically, yes you can continue doing your program, but your sponsoring employer might not be happy with you.

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

#57

Earlier quoted context omitted.

U.S. immigration law doesn't apply to those outside the U.S. so there's no immigration issue with working for your own company while outside the U.S.

(You misread)

US immigration law hasn't caught up with remote employment but the short answer is no and this makes sense since this would allow anyone in the U.S. to circumvent U.S. immigration law simply by setting up an entity outside the U.S. and then getting paid by this entity.

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

#58
Hi Peter, thanks for doing this.

I have a small team of founders. We've been developing an MVP of a product in the area of health and technology. We consider ourselves pre/early seed.

We are currently located in EU. And, we have incorporated our business in Canada. We intend to launch in North America.

Would be this be a case that YC is interested to support in terms of immigration and business development?

Thanks in advance.

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

#59
post #53

Hi Peter, thanks for doing these AMAs! I’m a Canadian currently working in the US on a TN visa. I am interested in starting my own SaaS startup. I’m currently exploring my options to raise a pre-seed round as a solo founder. Will I be able to stay in the Bay Area to start a company as a solo founder with some pre-seed and angel investors? If not, will it be possible with an American co-founder? If not that, what is t…

There are options for you. The TN is complicated for founders (although possible under certain circumstances particularly if there are cofounders). But there are other options for you - that is, for a founder/owner, such as the O-1 and the E-2 investor visa.

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

#60
post #58

Hi Peter, thanks for doing this. I have a small team of founders. We've been developing an MVP of a product in the area of health and technology. We consider ourselves pre/early seed. We are currently located in EU. And, we have incorporated our business in Canada. We intend to launch in North America. Would be this be a case that YC is interested to support in terms of immigration and business development? Thanks in…

I can't comment on how YC would view such an application.
Post reply on HN