If you don't have a green card, can you do any writing for pay (assuming this is not your main job) - e.g. would receiving [possibly small amounts of] money from a site for a short story violate terms of visa?
It would unfortunately.
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
#92How much on average does it cost, in legal fees, to process a TN visa and an EB-2 Green Card application? I've had two US employers now and both have promised to bring me down and then backed off because of costs (I'll be covering relocation).
If you are Canadian you don't really need a lawyer for a TN application. Just prepare your own supporting documents (including offer letter) and go to your nearest US land border. It's relatively straightforward, just be polite with the border agent, and if your application is valid you should have no problems.
I've represented myself twice and it was a smooth process.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#93Peter, our startup is incorporated in Delaware and based in NY. What’s your take on offering equity to foreign employees hired via remote.com or similar? Is it a legal headache?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#94As a developer from a run-of-the-mill Latin-Country (No special job agreements a la Mexico/Chile) what would be my best chance to get a visa-sponsored job? Work as a local in my country and bid my time for a L1 opportunity? Anything else without resorting to the H1B grind-mill?
The L-1 is an option or an E-1 or E-2 if you are from a country with a treaty of commerce and trade with the US. And if you want to work for your own company, the IEPP and possibly the O-1 would be options.
Thanks a lot for your time Mr Roberts.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#95Hey Peter, We're a US startup. One of our developers is an 18-year-old (!!) Brazilian. He wants to forego college and move to the US to work with us full-time. We're brainstorming his future possible paths to the US. Ideas on class of visas for someone without a college degree? One idea is the O class. He has two gold medals and one silver medal in the Brazil National Mathematics Olympiads. Unsure if these recent acc…
The O-1 is really the only option unless you all have operations in Brazil and he works there as an employee for at least one year, then an L-1 might be an option. Student/Academic awards while demonstrating an individual's intelligence and abilities generally don't count as awards for O-1 purposes (although we still discuss such awards).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#96Hi Peter thanks for doing this again.I am Mexican, I have been working remotely for a US company since December 1 2020 but hired through through the Mexican office.
My question is: is it possible to get a TN visa without a college degree? I need it because I need to move to the US when lock down ends.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#97Earlier quoted context omitted.
Thanks Peter, here is a more generalized question. What would be the best course of action for somebody to get back on a J1 visa since its expired yet legally from what I understand since its on a 5 year cycle (research scholar). Also if not how can they get a working visa in US ? I also updated the above question to reflect the general gist of a situation that I would be grateful to receive some help for.
Thanks for modifying your question. Still, because this is very fact-specific, I would recommend that you discuss with me or another attorney.
Oh apologies! Can I ask for a small request in that case, can I send you an email with more details about the question and if you happend to be so kind, could you take a look and let me know if you could possibly help me?
I'd appreciate it terribly!
Thanks so much for doing this important public service.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#98Peter, our startup is incorporated in Delaware and based in NY. What’s your take on offering equity to foreign employees hired via remote.com or similar? Is it a legal headache?
Legally, you can employee foreign nationals based abroad as direct employees without US work authorization or SSNs but my clients always tell me that it's a complex and messy process both from a logistical and tax standpoint.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#99I'm a current YC founder. Looking to apply for either the O1 or IEPP. Is there even a rough sense of the timeline for IEPP? Can I apply for both while on the visa waiver?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#100Hi Peter thanks for doing this again.I am Mexican, I have been working remotely for a US company since December 1 2020 but hired through through the Mexican office. My question is: is it possible to get a TN visa without a college degree? I need it because I need to move to the US when lock down ends.
It is but the TN occupations for those without a degree are very limited. Do you have any tertiary education and what do you do for the company? You also might qualify for an L-1 intracompany transferee visa once you have been employed by the Mexican company for one year.