Is it okay to enter the US on a B1/B2 visa in order to work on a personal project (that's funded by myself only) for a couple of months, and look for partners/investors? Thanks for the AMA!
No, technically you can’t even check your email.
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
#72Hi Peter, Thanks for the AMA! For a Dutch citizen, is it possible for me to work in tech for a YC startup? How difficult is it to get an H1 and what is the best route to go about this?
Yes, as a general rule, it's possible and the likely options would be the H-1B, O-1, or E-2. The problem with the H-1B route is that H-1B petitions are placed in an annual lottery with a 30% chance or so of being selected.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#73I’m a Canadian who wants to start a startup, incorporate in Delaware, and work on it in California. Are there visa options that allow me to do this?
If you can get some Canadian money invested into the company, whether from you or other Canadians, then the E-2 could be a great option.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#74Hi, I'm a founder from a Brazilian startup (based in São Paulo) and we've been developing our product for 2 years now and are about to launch. We have another local round next year but then (1.5 to 2 years from now) we plan to raise money in the US - at that point I'm even willing to move there if it's advantageous or if the investors require so.
At that point we'll probably open a company there and have it own all the equity from the Brazilian company. Now, if I needed to move, which visa should I apply (for an expected 5 year stay)? What's the likelihood of me getting it. Also, separately if (for example) I wanted to have 5 employees move with me, will they apply for the same visa and (also) how likely were they to get it.
Finally, how can I reach you if we were to hire your service to help us at that instance? =)
Thanks and sorry for the long question.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#75Is it okay to enter the US on a B1/B2 visa in order to work on a personal project (that's funded by myself only) for a couple of months, and look for partners/investors? Thanks for the AMA!
If you are setting up a business for operations, meeting potential partners, attending events or doing market research, you should be fine. As long as you are not employed by your own company. That's the whole point of the B1 visa. Am I right, Peter? :P
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#76I am assuming you work on US immigration law? Lots of us here live in other countries so it would be good to clear that up in your description if possible.
Yes, that's right, my area of expertise is limited to U.S. immigration law. Thanks for the comment. I'll make that change.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#77What do you think of the International Entrepreneur Rule? Do you think it will be a good option (if they don't scrape it?)?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#78Earlier quoted context omitted.
Not a lawyer and I am also interested in the answer. As a developer though I often wonder if there is a lack of talented engineers. It seems like companies want engineers for a big discount. The US immigration system, since it ties you to one employer, seems to be almost indentured servitude. If you get fired you lose your Visa. I am not anti-immigration. But I would like to see immigrant salaries the same as or very…
I believe this is handled by the concept of the prevailing wage. I'm not suggesting it is well handled but in theory, you do have to earn at the level or higher dictated by the prevailing wage for your position. If I'm not mistaken, there is an effort to push either this number higher or some other general salary requirement to around $100k/yr. I'm sorry I don't have precise information here. Having prevailing wages…
There is no question that USCIS is more inclined to approve H-1B petitions where the offered wage is above the so-called Level 1 wage, which is the lowest acceptable wage in the DOL wage database.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#79having worked 5 months on an H1-B and quitting. Is it necessary to go through the lottery again if I find employment once more? If not, how long before having to go through the lottery again?
Was your previous H1B counted against quota, if yes, you don't need to go through lottery again.
That's correct.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#80Can someone on a H1B visa (as a software engineer) be engaged in setting up a small business that is completely unrelated to the work that they do professionally? Eg. Selling of fine art or digital prints?
Preliminary research suggests that this isn't allowed but if I am allowed to take photographs in my free time, and I am allowed to sell belongings on eBay, then it seems that by transitivity, I should be allowed to sell works that I do in my free time.