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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

#71
post #64

Earlier quoted context omitted.

Ok; we have some friends who claimed that since they were brought in by a citizen, and they were just "waved through" as kids in the backseat of the car, that constituted as a "legal entry". I'm not an attorney but that didn't really seem like it would hold up since it seems like anyone could claim that.

These are really fact-specific matters so it's really tough for me to comment.

Alright, thank you for your time!

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

#72
Hi Peter — thanks for doing this!

I'm from the UK, working on a startup with a friend in the US (who is a UK citizen also, but immigrated to the US via their spouse).

Based on my research I'm considering applying for a B1 visa as a low friction way to have easy access to the states for months at a time, to collaborate on the startup in person. I have a few questions:

- Based on this information, is that a path you would recommend? We haven't incorporated yet, but will likely incorporate in the UK first, however any input is welcome.

- Thinking medium-long term, do you know if it's looked down upon by border agents to continually re-enter on a B1 visa? (e.g. multiple 2-3 month trips a year)

- While doing this, I'd may continue to do some work for a UK company to keep my personal cashflow rolling. That would be as a UK based employee, with UK based payroll etc. Would you imagine that to impact a successful B1 application?

Finally, is this a type of application you'd consider taking on? Thanks again!

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

#74

Hi Peter, I aim to apply for YC. I'm German. I have some questions regarding visas: 1) What kind of visa would I need for the three month program time? And how early in advance do I have to apply for it (i.e. do I have to apply before I know if I get accepted at all)? 2) What kind of visa would I need if I wanted to stay after the program (or if I don't get accepted, to start the company in the US)? From what I read…

Regarding 1), there is no one visa that applies to all but information will be provided about this during the process. Regarding 2), an O-1 is often the visa of choice for founders and most of those with PhDs (or near completion of their PhD) can make a good case for O-1. An E-2 also can be a good option. Regarding 3), please email me and I can give you the range that attorneys charge for O-1s.

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

#77

Hi Peter — thanks for doing this! I'm from the UK, working on a startup with a friend in the US (who is a UK citizen also, but immigrated to the US via their spouse). Based on my research I'm considering applying for a B1 visa as a low friction way to have easy access to the states for months at a time, to collaborate on the startup in person. I have a few questions: - Based on this information, is that a path you wo…

While the B-1 would allow you to engage in certain business activities, such as setting up the business, meeting with potential investors and clients, etc., it wouldn't allow you to do "productive" work in the U.S. And yes, frequent travel to the U.S. as a B-1 visitor can raise questions with CBP about what you are doing (whether you are you working without authorization in the U.S.) and where you are living (whether you are residing in the U.S.) and cause significant problems. And yes, we handle these types of matters all the time. At a minimum, we could give you a lay of the land.

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

#78

I've heard that being successful in an O-1 visa application can be very location dependent. So you can be better off applying somewhere far away, rather than a convenient office. Is this something your office sees much of?

I really don't see that. All the service centers have their issues and quirks but we're still able to get approvals with all of them and taking largely the same approach with all of them.

Interesting, thanks!

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

#79

If I want to move to the Bay Area under my own money and not work while in the US, but instead build software while trying to fund raise money, am I allowed to do this under a B visa? If so which one?

There is an exception of sorts within the B-1 that allows those who will be applying for an E-2 investor visa to establish a business and seek investments for that business. There are limits however and gray where permissible preliminary steps become unauthorized employment.

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

#80

Hi Peter, I'm a UK citizen who has held a E26 Green Card for 1yr 9 months. My partner (US citizen, we are not married) and I both have remote jobs and we are switching between working 2 or 3 months remotely in Europe then 2 or 3 back working remotely from locations in the USA. Do I need to worry about this pattern of movements? So approximately 50:50 split between US and Europe, but not more than 3 months at a time o…

You should be able to do this and keep your green card but you definitely should consult with an attorney.
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