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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

#91

Post by proberts »

losdos wrote: post #83
proberts wrote: post #47

Earlier quoted context omitted.

Those are non-immigration questions because U.S. immigration doesn't apply to people employed outside the U.S. so any compensation structure would be fine from a U.S. immigration perspective. I can't comment on the tax considerations/issues.

Thank you very much for the reply. I forgot to add: What considerations should we take (if any) if we intend to support them coming to the states and becoming employees after turning profitable or a successful funding round.

There's a visa specific to Mexican (and Canadian) citizens so there often are easy immigration options/solutions for Mexican citizens.

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

#92

Post by ricardou »

proberts wrote: post #90
ricardou wrote: post #87

Hi Peter. I'm in the US working with an EAD obtained through a pending asylum application. I'm interested in making the transition to a work-sponsored greencard. I have not been able to determine if this is possible. Do you have any insights into this process?

It is but it will depend on a number of factors including what status you were in when you entered the U.S., when you applied for asylum, and where you are in the asylum process.

I actually entered the US as an F1 student. My parents then came here and applied for asylum. Since I was underaged, I was included in their asylum application. we've been waiting for six years now. In essence, just waiting, and renewing EADs every two years as expected.

Thank you for the sharing knowledge!

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

#93

Post by zapataband1 »

llaolleh wrote: post #61

I hear so many complaints about immigration. People who should have built great technology in the U.S. left because the system sucked. What are some things someone like me, an engineer, can do to encourage the government to change the immigration process?

build a union that wields real political power. not op but i've thought about this a lot as an immigrant

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

#95

Post by proberts »

hunter2_ wrote: post #33

Hi Peter, this is awesome. Thanks! Say a US employer has about 1000 employees who are all residing in the US (so payroll is only set up to handle US taxes and so forth) because it was all commuters until the pandemic. Now there are many remote employees, and that won't change (i.e., no "return to office" unwinding of remote arrangements) so some are starting to move across the country. No problem. When a remote emplo…

A very interesting question but outside my limited area of expertise.

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

#96

Post by zapataband1 »

As an illegal immigrant (3yo) navigating this immigration system my whole life, I salute you and your answers. My only option as a DACA recipient right now seems to be advanced-parole -> possibly employer sponsorship. Wish me luck yall

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

#97

Post by proberts »

tao_oat wrote: post #28

Thank you for this! I work for a US startup, but based in the UK (hired via an intermediary like Deel/Remote.com). At this point in time, are there any avenues to joining my colleagues in the US other than waiting for the H1B application window next year?

Assuming that you are a citizen of a country that doesn't have its own visa, then the only options are the O-1 and E-2 (but the E-2 is only an option if the U.S. company is owned by citizens of the same country as you and there's been a substantial investment into the company by citizens of that country).

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

#98

Post by proberts »

zapataband1 wrote: post #96

As an illegal immigrant (3yo) navigating this immigration system my whole life, I salute you and your answers. My only option as a DACA recipient right now seems to be advanced-parole -> possibly employer sponsorship. Wish me luck yall

Good luck! Sometimes employer sponsorship for a nonimmigrant work visa or even a green card is an option for DACA recipients.

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

#99

Post by codegeek »

proberts wrote: post #86
codegeek wrote: post #81

Hi Peter, do you help with EB1A eligibility determinations and petitions ? My US company has a foreign subsidiary where our CTO leads a team of 15 people.I want to bring them in the US ideally on L1A. Is it worth exploring ?

We do and the L-1 is definitely worth considering. I'm also happy to refer you to other immigration attorneys in your area.

Thanks. Will reach out directly.

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

#100

Post by proberts »

victorhn wrote: post #13

1. Do you have some estimate about the time it takes to go from a TN Visa (Mexican Citizen) to obtain a green card? 2. If, for some reason (layoffs, company dissapears, etc.) the whole green card process is not finished, then it means that i will not be able to get a new TN visa correct?

1) It depends on the green card path and has nothing to with being in TN status but the default employer-sponsored green card path (PERM/labor certification) is taking 2-3 years right now. 2) It's not a definite no but your demonstration of intent to get a green card could compromise your ability to get a TN, particularly in the short-term.
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