[HN Gopher] I'm Peter Roberts, immigration attorney who does wor...
___________________________________________________________________
I'm Peter Roberts, immigration attorney who does work for YC and
startups. AMA
I'll be here for the next 2-3 hours and then after a break of about
1 hour for another 2-3 hours. As usual, there are many possible
topics and I'll be guided by whatever you're concerned with. Please
remember that I can't provide legal advice on specific cases for
obvious liability reasons because I won't have access to all the
facts. Please stick to a factual discussion in your questions and
comments and I'll try to do the same in my answers! Previous
threads we've done:
https://news.ycombinator.com/submitted?id=proberts.
Author : proberts
Score : 128 points
Date : 2022-10-13 14:38 UTC (8 hours ago)
| aylmao wrote:
| I'm on H1b. Can I found a startup?
|
| Also, what options do I have to grow a project while I work full-
| time?
|
| The fact I can't earn income from alternative work is a huge
| demotivator from starting anything for me. I won't know if I want
| to work full-time on a startup I found unless I see MRR first.
| proberts wrote:
| The answer is complex and nuanced unfortunately. You absolutely
| cannot get compensated by another source unless that
| compensation/work has been authorized by USCIS. One option is
| to obtain a concurrent part-time H-1B through your company.
| This has its own challenges because of the newness of the
| company and the founder's ownership in and control of the
| startup. There are however many things that a founder can do in
| connection with his or her own startup while in H-1B status
| with another company without crossing the line.
| codegeek wrote:
| 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 ?
| proberts wrote:
| We do and the L-1 is definitely worth considering. I'm also
| happy to refer you to other immigration attorneys in your area.
| codegeek wrote:
| Thanks. Will reach out directly.
| sjtgraham wrote:
| Hi Peter,
|
| How long should I expect to adjust status from O-1A to EB-1A?
| Further, how long should I expect to wait for Advance Parole?
| Would it be quicker to do consular processing in my home or a
| third country? If so how long would that take? I live in
| California, and I am a British Citizen.
| proberts wrote:
| 1) Assuming no issues with your EB1A I-140 petition, it could
| be under a year with premium processing. 2) Expect around 6
| months although we're seeing anywhere from 3 months to 9 months
| right now. 3) Immigrant visa processing would be much slower
| based on the current processing times and backlogs.
| drewrbaker wrote:
| What's the best pathway for an Australian on an E3 visa to
| transition to a greencard? Do I have to go to a different visa
| type first? I've had 8 E3s so far.
| cletus wrote:
| IANAL but I have personal experience with this having gone
| through it myself.
|
| It is totally possible (or, at least, it was -7 years ago and I
| V don't believe the roles have significantly changed in this
| regard) to go directly from an E3 to a GC. That's what I did.
|
| It requires a little extra planning however just to make sure
| you don't go out of status while your I485 petition is pending.
| nobeh wrote:
| 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.
| quadcore wrote:
| _And, we have incorporated our business in Canada._
|
| Curious about why? And how
| proberts wrote:
| I can't comment on how YC would view such an application.
| takenforaride98 wrote:
| What's your opinion about the philosophy behind the phrase "no
| human is illegal"?
| dang wrote:
| Let's avoid the general flamewars here please.
| __s wrote:
| I work at a large corp
|
| I want to take part in Iceland's long term remote worker visa to
| visit for 6 months
|
| HR thinks this may be a tax liability, but the duration is
| explicitly less than long enough to be considered a tax resident
|
| Is there an issue with the large corp having an office in Iceland
| or is HR being overly cautious?
|
| (extra detail I don't think should matter: I'm Canadian, company
| is American)
| taxman22 wrote:
| The gentleman is a US immigration attorney, not an
| international tax expert and corporate therapist.
| vertis wrote:
| The way most digital nomads (including myself) approach this is
| to not be an employee, but rather a contractor. I'm an
| Australian and run an Estonian company (it's far from the only
| option, but they make it very easy). I invoice my customers for
| long term contract work.
|
| Assuming your large corp / HR are friendly, they might even be
| willing to switch to a contractor relation (depending on the
| juristiction this might not be allowed, e.g. Germany is very
| tough on contractors as employees).
|
| This prevents the biggest problem of large corporates. Being in
| the country with employees might make you a 'permanent
| establishment' and therefore liable for local tax law.
|
| Worth looking into Estonia's e-residency program and suppliers
| like xolo.io (The leap product, not the Go product).
| 99b12e2d358bb03 wrote:
| Peter,
|
| Thank you for taking time to do this.
|
| For founders with spouses (either through marriage or common-
| law), where both spouses are from Mexico or Canada, what is the
| best visa for the founder and what visa should the spouse apply
| for (if he/she desires to work)? For the spouse, how do visa
| considerations change if the spouse has:
|
| 1. A liberal arts-oriented university degree
|
| 2. A STEM-oriented university degree
|
| 3. A law degree
|
| 4. A medical degree
|
| 5. An accounting degree
|
| 6. College diploma
|
| 7. No tertiary accreditation
|
| Additionally are there any considerations if the spouse has a
| bachelors, masters or PhD/professional degree?
|
| For children in such a scenario, what visa considerations would
| they have?
| proberts wrote:
| A spouse's ability to work is often the most important factor
| when looking at work visa options for a founder. The visa
| classifications that give spouses (and only married spouses can
| get dependent visas under U.S. immigration law; common-law
| spouses can't) unrestricted work authorization are the E-1 and
| E-2 visas, the E-3 visa, and the L-1 visa. Fortunately, Mexican
| and Canadian citizens have their own visa classification, the
| TN, so this is another option for spouses although this would
| require direct sponsorship by a U.S. employer.
| blackhaj7 wrote:
| Are there any special visas for Irish citizens currently?
|
| I saw that they may get preferential visas similar to Australians
| but couldn't find much detail
| digianarchist wrote:
| There was talk about allowing Irish citizens to use unused E-3
| visas back when Paul Ryan was Speaker but it never came to
| fruition.
|
| https://www.politico.com/story/2018/12/14/paul-ryan-congress...
| proberts wrote:
| Irish citizens, like Australian and NZ citizens, get a
| special J-1 which allows them to work and travel in the U.S.
| for one year after graduating from a school in their home
| country. But that's it.
| aecs99 wrote:
| Hi Peter, thanks for the AMA.
|
| Are there any benefits to converting from a green card to
| citizenship, in the context of employment? Access to some
| government jobs is the only thing I can think of.
|
| Can green cards be extended every time they are about to expire
| until someone retires, or is there a limit?
| pkaye wrote:
| An green card holder is a permanent resident. I think they will
| keep renewing you unless for example you didn't file taxes or
| committed a serious crime or things like that.
|
| https://www.stilt.com/blog/2020/05/green-card-renewal-denied...
|
| Also green card holder cannot live outside the US too long or
| they may revoke it. You can pre-apply for a reentry permit to
| get a longer window.
|
| https://www.stilt.com/blog/2020/07/can-i-stay-more-than-6-mo...
|
| Citizenship removes all those restrictions. Also you can
| petition for your parents to immigrate immediately.
| proberts wrote:
| You can't lose your citizenship even if you decide to live
| abroad or get convicted of certain crimes and you can lose your
| green card; you can vote in federal elections as a citizen; you
| can sponsor your parents and siblings for green cards. It's
| really a personal decision, I think. And there's no limit on
| how many times a green card can be renewed.
| santi_panti wrote:
| Hey, I got my H1-B a long time ago (more than 6 years). I only
| used it for like 6 months. I still have my I-94. If I tried to
| get a job in the states again, would I have to be counted against
| the cap once more or could I just use my unused time? I read this
| previously but I'm not sure if it's up to date:
| https://redbus2us.com/apply-h1b-after-6-years-to-recapture-u....
|
| If I could, how long would I have to use that unused time? Also,
| if I changed nationality, would I lose it?
| santi_panti wrote:
| Also, thanks for doing this, I think this is the second time
| I've seen you do it and all the questions and answers are very
| interesting.
| proberts wrote:
| The law isn't clear on this. The only way to really know is
| through the filing of a cap-exempt petition. When exactly were
| you last in the U.S. in H-1B status? Changing your citizenship
| wouldn't impact the analysis or outcome.
| glitchc wrote:
| 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?
| wexiya1699 wrote:
| 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 - presumably his masters thesis from 3-rd tier uni in
| Eastern Europe was used as "published research". So if you can
| work on checking the boxes - getting a patent / a published
| paper / an article about you in a reputable venue, you can get
| an O1. You just need 3 out of 9 or 10. So threshold is
| achievable if you work on it.
|
| 2) No.
| chrisseaton wrote:
| How come everyone isn't on an O1 instead of trying things
| like H1B?
|
| Getting a paper published seems a relatively low bar - first
| year PhD students manage it just fine, someone working in
| industry should be ok doing it.
| wexiya1699 wrote:
| Some reasons would be:
|
| * It takes work to get those 3 boxes unless you already
| have them - so a typical contractor from Infosys or EPAM
| won't have them. For H1B you just apply. * H1B is cheaper
| (fixed fees vs 5-10k to prep O1 application) * H1B is
| actually in many ways a better visa! It's 3 years with 3
| years extension, O1s are shorter, so for 6 years you'd have
| to do more than one renewal. H1B allows you to switch
| companies rather easily, for O1 you'd have to apply again.
|
| So for some people the strategy is do H1B and if that fails
| (lottery), do O1 instead.
| glitchc wrote:
| Thank you for your answer. Are the rules and thresholds
| identical for the EB-1 visa as well?
| gumby wrote:
| A few years ago I hired a machinist on an O visa. He didn't
| even have a high school degree but years of specialization
| and experience. The package the lawyer assembled was pretty
| large to get over those kinds of hurdles.
|
| We hired a bunch of machinists. This guy was worth his weight
| in gold and nobody ever asked "why did you bother to bring in
| someone from another country?"
| pkaye wrote:
| There is an company that got an Ukrainian wood carver on an
| O-1 visa. Pretty amazing wood carvings. I think the US
| should encourage more with unique skills likes this to
| migrate.
|
| https://www.youtube.com/watch?v=bG5VOXR86w0
| proberts wrote:
| Well said!
| proberts wrote:
| Sorry! I meant well said!
| bombcar wrote:
| You can edit for about an hour or so (look for "edit"
| above your post)
| dang wrote:
| I've fixed it now :)
| proberts wrote:
| 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.
| biggc wrote:
| I'm on an H1-B, living in the Bay Area, and working for a company
| with an office in the Bay Area.
|
| My team is remote, and I'm planning on moving to the Tahoe area,
| still in California, does my employer need to file an H1-B
| amendment? If yes, what could happen if I move and file an AR-11
| change of address before the H1-B amendment is approved?
| astranger wrote:
| Hi Peter, thank you for doing this! I was wondering what the best
| approach is for a Canadian with a 3 year bachelor's degree in
| computer science to work in the USA. I hear it's a TN visa, but
| do they differentiate between a 4 year and 3 year bachelor's
| degree? Thanks!
| WrtCdEvrydy wrote:
| Ohhh, I asked a question last time on what technologists can do
| to help out and I'll ask it again.
|
| What can technologists do to help out the legal field,
| specifically in immigration land?
| proberts wrote:
| Do you mean to improve/automate the immigration process?
| WrtCdEvrydy wrote:
| Yeah, I had a lawyer buddy a long time ago tell me sometimes
| there's not a lot of improvement of technology coming down to
| the legal field because the overlap on "tech nerd" and "legal
| scholar" is kinda not there.
|
| Is there something missing in the legal field that makes you
| think "this is 2022, this should be easier"?
| corobo wrote:
| No question coming to mind, sorry!
|
| Just wanted to note I thoroughly enjoyed reading through this
| post more than just an upvote's worth, thank you for doing it :)
| proberts wrote:
| That's very nice of you to say. Thank you.
| moibrahim81 wrote:
| My startup will bring products from overseas and I will ask
| travelers to bring my some products. My question is I heard
| international visitors or tourists can't be engaged in commercial
| activities while visiting. What I'm trying to do is making them
| act as carriers and I pay them for the services. I am trying to
| find a solution around it. Thanks Mo
| proberts wrote:
| Yes, that's problematic both from a legal standpoint and from a
| practical standpoint - they will be questioned aggressively if
| the admitting CBP officer sees that they are carrying a
| product. But this still could work because the concerns and
| restrictions are less when a product is manufactured abroad.
| They can't be coming to the U.S. to make sales but they could
| be coming to the U.S. to deliver products made from abroad and
| already purchased.
| iandanforth wrote:
| What tools and/or services do you recommend to startups looking
| to access the global market for employees?
| proberts wrote:
| Would this be to employ these individuals in the U.S. or
| remotely?
| iandanforth wrote:
| Let's say US unless you have strong opinions on the later as
| well.
| mousetree wrote:
| Deel, Remote, Pilot
| proberts wrote:
| Those tools and from a purely U.S. immigration standpoint,
| take a hard look at people from countries with their own U.S.
| work visas since these are often easy to obtain.
| jacobriis wrote:
| Are these all of the countries with their own US work
| visas? H-1B1: Chile and Singapore TN:
| Canada and Mexico E3: Australia
| proberts wrote:
| That's right.
| Balgair wrote:
| Favorite cocktail?
| proberts wrote:
| Very funny. I like good tequila with a lime. Although for the
| record, I don't drink much.
| Balgair wrote:
| Nice choice. Mescals are a good area to branch into too.
| ricardou wrote:
| 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?
| proberts wrote:
| 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.
| ricardou wrote:
| 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!
| proberts wrote:
| Without knowing all the facts, it sounds like you could go
| the employer-sponsored green card route.
| conqrr wrote:
| Thanks for doing this! Can a person on H1b work remotely in the
| US for their own company outside the US? They'd pay taxes on any
| international income. Also what if they didn't work but own the
| company and receive income?
| proberts wrote:
| 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.
| bombcar wrote:
| I think the question is - someone outside the US has a
| business, moves to the US on an H1B, and wants to continue
| working for their outside-the-US business.
| conqrr wrote:
| Sorry I meant working inside the US for company registered
| outside the US
| wahnfrieden wrote:
| (You misread)
| proberts wrote:
| 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.
| robertlagrant wrote:
| My (non-proberts) understanding is that H-1B is for US
| employers to bring in specific individuals because their skills
| are hard to find in the US. If I've understood you correctly,
| your scenario isn't relevant to that.
| jason2323 wrote:
| What options does an Indian engineer stuck in the green card
| backlog have? Do they perpetually continue renewing their H1-B?
| Does this mean that they are somewhat limited in terms of being
| able to switch jobs?
| 22SAS wrote:
| I am moving to either London or Canada. Applying for express
| entry next year. If I can get my Canadian residency by 2024,
| then I'll move to Canada. Otherwise, apply for a transfer to
| the London office.
|
| Sometime, in the future, if I can have $800K to spare, then
| will go for EB-5. Although, this may take about a decade.
| PaulDavisThe1st wrote:
| > I am moving to either London or Canada.
|
| rather than London, ON, Canada ? :) I hear it's a lovely
| town.
| proberts wrote:
| It depends on where you are in the green card process. If you
| are somehow in the last stage, with a pending I-485
| application, you do have job flexibility (known as
| portability). Short of that, the only way to get out of this
| awful loop is to pursue a self-sponsored EB1A green card, but
| the standard is high as you probably know.
| adave wrote:
| Yup that's the idea, somehow most folks seem ok with it and
| don't voice their opinions to politicians.
| geodel wrote:
| Well people who are okay will obviously not voice opinion.
| Those who are not okay have to raise their voice.
| bialpio wrote:
| Because a) folks that are the most impacted by this cannot
| vote and b) IIRC there are even limits imposed on political
| activity by visa holders, they get slightly relaxed when you
| get a green card (but do check it out, IANAL and may be
| misremembering).
| valarauko wrote:
| > IIRC there are even limits imposed on political activity
| by visa holders, they get slightly relaxed when you get a
| green card
|
| Any specifics on this?
| bialpio wrote:
| https://www.fec.gov/updates/foreign-nationals/
|
| Looks like green cards may already lift the limitations,
| my bad.
| hunter2_ wrote:
| 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 employee says they're starting the process of
| moving to Canada and obtaining Canadian citizenship and prefers
| to keep their current job, how much effort goes into achieving
| that on the employer's side? Is it typical to convert their role
| from employee to contractor as a way to minimize the headache
| until there are many such employees?
| proberts wrote:
| A very interesting question but outside my limited area of
| expertise.
| Martin_Gouy wrote:
| Hello! Thank you for doing this. My question:As a green card
| holder, do I have to be in the US at least 6 months of the year
| OR I cannot spend more than 6 months outside of the US (5 months
| outside, 1 in US, 5 months outside, would be authorized ).
|
| Thank you very much
| e63f67dd-065b wrote:
| The 5 months out / 1 mo in / 5 mo out again would be frowned
| upon by the admitting officer. They still have to let you in,
| but you risk being referred to an immigration judge depending
| on how the officer is feeling that day.
|
| As per the handbook (https://www.uscis.gov/policy-
| manual/volume-12-part-d-chapter...):
|
| > An officer must review extended or frequent absences from the
| United States to determine whether an applicant has met the
| burden of establishing that he or she has maintained LPR
| status. This applies regardless of length of time or if the
| applicant was permitted to return to the United States as an
| LPR at the port of entry after the absence.
|
| So even if you risk it it'll still reflect poorly during
| naturalisation.
| proberts wrote:
| Putting aside the impact of time outside on the ability to
| naturalize, from a maintenance of green card standpoint, you
| can spend more than 6 months outside and keep your green
| card. The easiest way to do this is to get a reentry permit.
| Martin_Gouy wrote:
| Thank you both for your answers!
| llaolleh wrote:
| 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?
| proberts wrote:
| Somehow convince them that immigration is great for the economy
| (and I feel for our overall culture and society as well)
| through the creation of companies and jobs and the application
| of advanced knowledge and skills.
| steve76 wrote:
| zapataband1 wrote:
| build a union that wields real political power. not op but i've
| thought about this a lot as an immigrant
| [deleted]
| ggambetta wrote:
| How high is the bar to qualify for a O-1B visa (yes, I do mean
| O-1B), specifically the "evidence demonstrating your
| extraordinary ability"?
| zamalek wrote:
| From what I understand, in the realm of Nobel Prize,
| Oscar/Academy, etc. winner. Especially in a way that would
| greatly benefit the US.
|
| It's an extremely tough category.
|
| https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-...
| proberts wrote:
| The O-1B standard is different from and much easier to meet
| than the O-1A standard and it is often within reach of
| talented artists, designers, etc. One of the reasons for this
| is that unlike the O-1A, letters from critics, experts, etc.
| check one of the O-1B boxes/criteria whereas in the O-1A
| context such letters are simply evidence in support of one of
| the O-1A boxes/criteria.
| octref wrote:
| Hi Peter! For H1B visa holders, is there any way to start a
| company and remain in charge (whether as CEO or not)? From what I
| find online you can only be employed as a H1B holder, but if I
| start a company I would want to have full control of it.
| proberts wrote:
| Full control isn't an option but one can be a CEO and even own
| a substantial portion of a company in H-1B status. This is one
| of the reasons that founders get O-1s and not H-1Bs.
| jonas-jonas wrote:
| The H1B situation in the US has been described as very "luck"
| based to me, and some have called it "a mess". Is that still the
| case? How much does it actually depend on luck, or other factors
| such as country of origin, occupation, etc.?
| adave wrote:
| If you are not from India/China its all good otherwise its a
| 100yr wait currently.So yeah country based discrimination baked
| into US immigration law sucks.
| malshe wrote:
| The OP asked about H1B and I think you are talking about
| green card.
|
| Btw 100 years for a green card? I don't think Chinese
| citizens have such a long wait although Indians have to wait
| a long time.
| proberts wrote:
| It's luck in the sense that for your first H-1B, you must go
| through a lottery (a completely random selection process). The
| actual adjudication and approval of an H-1B petition, if the
| individual is selected in the lottery, for individuals with
| good educational backgrounds, is actually pretty easy. It's
| getting picked in the lottery that's the hard part.
| wexiya1699 wrote:
| What are the risks of NIW EB2 application for the following
| person type (and what letters should focus on): founding engineer
| at a well-funded and reasonably successful startup, decent
| achievements in programming competitions plus a cited paper and a
| patent to check the box, but definitely not a well-known leader
| of any field?
| proberts wrote:
| What does the company do? What's your educational background?
| e63f67dd-065b wrote:
| IANAL, not legal advice, etc.
|
| The NIW specifically waives the PERM, but everything else is
| basically the same. There's 2 parts:
|
| - Advanced degree (ie masters or PhD) or exceptional ability,
| more specifically 3 of the following 6:
|
| > An official academic record showing that the beneficiary has
| a degree, diploma, certificate, or similar award from a
| college, university, school, or other institution of learning
| relating to the area of exceptional ability;
|
| > Evidence in the form of letter(s) from current or former
| employer(s) showing that the beneficiary has at least 10 years
| of full-time experience in the occupation in which he or she is
| being sought;
|
| > A license to practice the profession or certification for a
| particular profession or occupation;
|
| > Evidence that the beneficiary has commanded a salary or other
| remuneration for services that demonstrates exceptional
| ability. (To satisfy this criterion, the evidence must show
| that the beneficiary has commanded a salary or remuneration for
| services that is indicative of his or her claimed exceptional
| ability relative to others working in the field);
|
| > Evidence of membership in professional associations; and
|
| > Evidence of recognition for achievements and significant
| contributions to the industry or field by peers, governmental
| entities, or professional or business organizations.
|
| For you patent + salary + winning competitions is probably good
| enough.
|
| - Waiver is in the "national interest" of the US, which has 3
| prongs:
|
| > The person's proposed endeavor has both substantial merit and
| national importance;
|
| This may be the hardest portion for you. To quote the manual:
|
| > In determining national importance, the officer's analysis
| should focus on what the beneficiary will be doing rather than
| the specific occupational classification ... if the evidence of
| record demonstrates that the person's proposed endeavor has the
| significant potential to broadly enhance societal welfare or
| cultural or artistic enrichment, or to contribute to the
| advancement of a valuable technology or field of study, it may
| rise to the level of national importance
|
| Depending on what you and your startup does, this may either be
| very hard or very easy. You have to show that you'll be working
| on something that "may rise to the level of national
| importance", which hopefully your startup is doing.
|
| > The person is well positioned to advance the proposed
| endeavor; and
|
| You're already working as an engineer, presumably doing the
| thing you said you'll do in prong 1. A freebie.
|
| > On balance, it would be beneficial to the United States to
| waive the job offer and thus the permanent labor certification
| requirements.
|
| This also has 3 factors:
|
| > The impracticality of a labor certification application;
|
| > The benefit to the United States from the prospective
| noncitizen's contributions, even if other U.S. workers were
| also available; and
|
| > The national interest in the person's contributions is
| sufficiently urgent, such as U.S. competitiveness in STEM
| fields.
|
| Usually STEM people get through on the 2nd or 3rd part,
| especially if the factors in prongs 1 and 2 are good enough.
|
| If I were you, I would focus your letters on the national
| importance of what you're doing and on the 3rd prong of how
| you'll be beneficial to the country. This is where lawyers are
| really helpful in drafting the letters, but you may choose to
| do that on your own. Read https://www.uscis.gov/policy-
| manual/volume-6-part-f-chapter-... the entire chapter very
| carefully beforehand though.
| gcanyon wrote:
| What's the best way for a U.S. citizen to lobby for more open
| immigration law?
| e63f67dd-065b wrote:
| Do you just try to get founders on work visas, or do you go for
| green cards as well? I know EB2-NIW is a popular path for folks
| in academia, do you have comments on how easy/difficult each path
| is?
| proberts wrote:
| We do both as most immigration attorneys do and for those in
| academia, the NIW green card path is often within easy reach.
| Scoundreller wrote:
| Canadian working in health care IT here, along with a clinical
| license (kinda a hybrid role).
|
| As I understand it, a US non-profit hospital could relatively
| easily hire me under h1b (no caps for non-profits), or via TN1
| through the clinical license if the position requires that.
|
| But to get that clinical license usually requires internship
| hours/tests in the licensing state.
|
| How does that work for TN? Would they hire as a physiotherapist
| student or intern and TN would be granted to move and work with
| that? And I guess I would want to get fully licensed by time of
| TN renewal?
| Kkoala wrote:
| Thank you so much for doing these!
|
| Does EOR (Employer of Record) count for L1 visa? I guess either
| through the EOR, or through the employer that's using the EOR?
| philip1209 wrote:
| How has remote work changed the immigration industry? Do you see
| any evidence that more founders are choosing to work outside the
| USA, and if so - does that impact their fundraising?
| proberts wrote:
| US immigration law hasn't caught up with remote employment so
| we're still waiting to see how it will play out. From my narrow
| perspective, it's less about founders choosing to work outside
| and more about founders hiring people from all over the world
| to work for their U.S. company.
| aatd86 wrote:
| Hi,
|
| If a startup is incorporated in one of the states from overseas,
| can founders be eligible for work-visas (I remember reading that
| an investment of more than USD500K may allow eligibility for some
| visas (F1?) but don't know if this is the case for startups, and
| besides, there were some requirements in terms of jobs creation
| if I remember well).
|
| Thanks.
| proberts wrote:
| As a general rule, the U.S. immigration options for founders
| are the same as the U.S. immigration options for non-founders.
| The question is what nonimmigrant/temporary work visa would a
| founder qualify for and this would depend on a variety of
| factors. The work visas that we typically look at for founders
| are the O-1, L-1, E-1 and E-2, and H-1B unless the founder is a
| citizen of a country with its own visa (Australia, Canada,
| Chile, Mexico, and Singapore).
| madhurjain wrote:
| 1. I've seen a lot of people who immigrated on H1B, were working
| with an employer and eventually started their own company. I am
| assuming they were already working on it on the side. What's the
| best way to go about this without breaking any law? 2. Can you
| start a company on the name of a family member who's a green card
| holder and voluntarily work for this company?
| proberts wrote:
| 1.) Yor activities need to be limited and you can't be
| compensated in any way but unfortunately this requires a
| conversation with an immigration attorney to understand clearly
| what can and can't be done so that no lines are crossed and
| there are no negative long-term repercussions. 2.) No for
| several reasons, some legal and some advisory.
| [deleted]
| neebz wrote:
| How are the odds for bringing your remote employees to US using
| the L1 visa? They've worked for us for more than 5 years in
| management role. Also the startup got acquired sometime ago, does
| that impact the L1 application?
| proberts wrote:
| If these employees manage other employees now and will manage
| other employees in the U.S., then the odds are high actually.
| Conversely, if these employees aren't managing any employees
| and won't be managing any employees in the U.S., then, unless
| their work is highly complex and technical, the odds are low.
| Does the acquiring company also own the company abroad?
| neebz wrote:
| yup - some documentation/legal work remains but they should
| be able own the company abroad as a subsidiary soon.
|
| how would you suggest we should pursue this once all the
| paperwork is done? hire an immigration lawyer? any
| recommendations? we are non-YC.
| gumby wrote:
| Over the past decade it's become really hard to hire someone on
| an H1 because they all seem to be snapped up in October. This was
| especially bad when I was on the board of a private foreign-
| language school because teachers look for new jobs in March-June,
| but I'm also looking for certain kinds of technical folks.
|
| Fortunately, for most jobs I can start hiring them as remote
| workers. But that made me wonder: after they've worked remotely
| for some time could they then be brought in as an inter-company
| transfer? Or would H1 still be better for us and for them?
| karamanolev wrote:
| Not an attorney and only have passing knowledge, but I'm sure
| people will correct me if I'm wrong. An inter-company transfer
| visa (L-1) will only work if your company is operating both in
| the US and in the foreign country, i.e. it has a subsidiary
| there. The workers need to work for that subsidiary in a normal
| labor capacity - think full time employee vs independent
| contractor. After 1 year passes, they can apply for an L-1. If
| they just work remotely, based on the arrangement that you
| have, it might not work.
| proberts wrote:
| That's right, an L-1 broadly requires one year of full-time
| employment (as an employee, not an independent contractor)
| abroad with an entity related to the U.S. in a
| managerial/executive capacity or specialized knowledge
| capacity. Both entities must be real and operating and the
| entity abroad must have employees other than the transferring
| employee and it must continue to operate during the L-1
| employee's employment in the U.S. But L-1s are tough to get
| approved unless the employee is managing employees now and
| will manage employees in the U.S. or the employee's position
| is highly technical/specialized and ideally involves the
| application of proprietary knowledge.
| gumby wrote:
| Thanks! Has the H-1 situation improved since the days when
| Indian consulting companies "flooded the zone"?
| proberts wrote:
| From an outcome standpoint, things have settled down and,
| in my experience, nearly all approvable H-1B petitions
| get approved. The issue is with the high number of
| lottery submissions so the odds of getting selected in
| the H-1B lottery have been really low the past few years.
| throwaway3neu94 wrote:
| I have read that even though there are no hard rules, after
| getting an employment based Greencard, one should stay at the
| company for another 6 months to avoid problems during
| naturalization. Is this true?
| proberts wrote:
| Not true at all.
| xhkkffbf wrote:
| Should you really use the letters "AMA" when you're asking us to
| stick to a factual discussion? I'm personally interested in how
| you square pushing this immigration when discrimination (age,
| race, caste) against US-born individuals is so common. Your work
| makes it much easier for companies to discriminate. I know you
| just want offer happy advice about legal details, but you did say
| "AMA".
| dang wrote:
| (I'll answer that, since we originally wrote that title, not
| Peter.)
|
| It's a fair point but AMA hasn't meant AM _A_ for a long time,
| if it ever did.
|
| I'm pretty sure that people would bring in about the same
| number of generic complaints / tangents as they usually do,
| regardless of whether AMA is in the title, so it seems like a
| red herring.
| whycombinetor wrote:
| I'm struggling to follow what immigration has to do with
| discrimination against US-born individuals. Is the connection
| because, without the broader pool of applicants available
| through visa programs, companies would be forced to hire an
| increased amount of US-born people who wouldn't otherwise have
| been hired, some of whom would have been potentially not hired
| due to discrimination? If anything, my discrimination meter
| would go in the other direction, that when a company explicitly
| doesn't sponsor any visas, they would be discriminating against
| non-US-born individuals.
| xhkkffbf wrote:
| It is probably more precise to just stick with the term "US-
| legal" instead of thinking about birth. That's a better term
| I should have used.
|
| The mechanism is if there's one perfect candidate of the
| right age, race and caste but the person isn't US-legal, then
| companies will be forced to consider people of the wrong age,
| race or caste. Maybe not right away, but when the supply of
| the perfect age/race/caste US-legal people run out.
|
| In my experience, the visas usually accentuate the distorted
| racial makeup of tech companies because they all go to
| overrepresented countries.
| philip1209 wrote:
| As somebody considering using a PEO -
|
| How do PEOs impact both founder + employee immigration processes?
| (I'm assuming that having a different employer of record might
| have some consequences.) Would you advise startups to avoid a PEO
| if they intend to sponsor visas in the future for employees?
| proberts wrote:
| There's really no issue with PEOs. You just need to be careful
| to provide the correct information - such as FEIN - when filing
| applications with USCIS or the DOL. Because, for immigration
| purposes, the founder's company can still be treated as the
| employing entity.
| [deleted]
| msis wrote:
| Hi Peter, I've got an EB-1A (August 2018 approved in September
| 2018) and NIW (November 2018 approved in January 2020) petitions
| approved, and yet I haven't gotten my adjustment of status
| issued. The adjustment of status was filed with the NIW in Nov.
| 2018. I didn't file an adjustment of status for the EB-1A because
| the priority date wasn't current. Is there anything I can do to
| get anything issued? I've followed up regularly until I was told
| to stop calling...
| proberts wrote:
| You need to link up your approved EB1A I-140 petition with your
| pending I-485 application by requesting that this approved
| petition be "interfiled" with your pending I-485 application.
| At the same time, I would recommend that you ask your local
| U.S. representative to make an inquiry with USCIS (something
| that is done all the time) and that you also submit a "service
| request" through the USCIS website regarding your pending I-485
| application.
| mentar wrote:
| Hi Peter. I have an O-1 for my current startup that expires in 11
| months, I'd like to start a new company with a new founder.
| Looking at the EB-1a vs EB-2 NIW wait times the wait times are in
| years for the two parts! Do you think it's worth applying for
| another O-1 instead with the new company? Is it generally easier
| to get the O-1 second time around? Thanks!
| proberts wrote:
| Definitely the O-1 and it's way easier - really easy in fact -
| to get the second O-1.
| mentar wrote:
| Thank you, super helpful
| lucasfcosta wrote:
| Hi Peter,
|
| What is the easiest path for a founder who wants to eventually
| move to the US?
|
| Here in the UK a particular amount of investment from within the
| UK can guarantee visas quite easily (TOTAL / THRESHOLD = No. Of
| Founder Visas).
|
| Is there a similar path available in the US or is there an easier
| one perhaps?
| proberts wrote:
| If you already have a company in the UK with employees and you
| would open a related company in the U.S., then the L-1 cculd be
| an option (although not necessarily top of the list). The other
| options are the O-1, IEP, and E-2.
| proberts wrote:
| Thank you again for the great questions and comments. I will be
| back again in a couple of hours and respond to any unanswered
| questions and comments.
| [deleted]
| losdos wrote:
| What's the best way for a U.S. startup to have a contract worker
| (developer) that is from, works and lives in Mexico and also
| offering them some type of equity or stock options?
|
| How do we structure things to minimize and efficiently handle any
| taxation they incur?
|
| Any difference in other countries, say South Africa or Poland?
| proberts wrote:
| 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.
| losdos wrote:
| 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.
| proberts wrote:
| There's a visa specific to Mexican (and Canadian) citizens
| so there often are easy immigration options/solutions for
| Mexican citizens.
| sb12345 wrote:
| Hi Peter, Do you have any statistics on success rate of
| Entrepreneur Parole? I am currently in USA on H1B visa and
| planning to leave my current job to join my startup full time. I
| got commitments of around $500K from a pre-seed VC and a few
| angels. I am exploring if Entrepreneur Parole or O1 is the right
| option for me.
| proberts wrote:
| IEP applications are getting approved but only if the investors
| are willing to share detailed information and documentation
| about the ownership and operation of their VC firm and their
| previous investments and understandably many are reluctant to
| since this information is typically highly
| confidential/personal.
| sb12345 wrote:
| I see! That'll be a challenge if I ask some top tier VC to
| share all the details of their recent fundings. How long does
| it take to get IEP approved? Do I need to re-enter into USA
| after it's approved?
| proberts wrote:
| We're seeing 4-6 months for an IEP application to get
| reviewed and once approved (unless Canadian), the applicant
| would need to leave the U.S. (unless already outside) and
| apply for a parole at a U.S. Consulate.
| hd4 wrote:
| UK-based software engineer here, proactively looking for work in
| the US.
|
| Is the simplest way to achieve this to contact US-based
| recruitment agencies and look for companies who are willing to
| sponsor a work visa?
|
| Is there a better way to go about this?
|
| I'm also open to remote work, I'm guessing this would still
| entail having a US work visa.
| proberts wrote:
| I'm not involved in the hiring aspect so I don't really know
| but I think the answer to your question is yes. Another
| strategy is to work for a company abroad (that also has
| operations in the U.S.) and then after one year of employment,
| seek a transfer to the U.S. through the L-1 process. With large
| multinational companies, this L-1 transfer process is easy.
| Frummy wrote:
| As a young cobol developer for a bank in sweden, how could I live
| and work in the US?
| proberts wrote:
| There primary paths would be via the H-1B or the L-1. Both
| require employer sponsorship and the former requires selection
| in an annual lottery (with a low chance of getting selected
| unfortunately) and the latter requires employment for at least
| one year by an entity related to the employing U.S. entity.
| Another option is to get a graduate degree in the U.S. and
| after you graduate, you would get 3 years of work authorization
| if in a STEM field (and 1 year if it isn't).
| Frummy wrote:
| Cool, thanks! They did mention that they have a branch in New
| York, so L-1 will be my path.
| elonzo wrote:
| Hi, my family long time thinked about coming to united states
| from south america, my son already did many years ago but I think
| he in prison now, can you help get me and family to united states
| and give greencard? Thanks
| proberts wrote:
| You should contact me separately because this will require a
| long conversation and detailed fact finding.
| codepoet80 wrote:
| EB1 NIW, AOS filed last week. How long should I expect to wait
| for the actual green card?
| proberts wrote:
| EB1A and NIW?
| codepoet80 wrote:
| Thanks for the follow-up, just checked, its an EB-2
| proberts wrote:
| We're seeing really fast adjudications of NIW petitions
| right now (in 3-6 months) so (unless you are from a
| backlogged country like India or China) you could get your
| green card in less than one year. But historically, close
| to 18+ months.
| victorhn wrote:
| 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?
| proberts wrote:
| 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.
| SaipanWyoming wrote:
| My wife has a order of withholding of removal. We are living on
| the island of Saipan in the Northern Marianas Islands (a
| territory of the United States). We would like to return to the
| mainland and eventually get her green card. How do we petition to
| get her parole office changed, and how do we transition from
| Withholding of Removal into a green card by marriage? We have
| been told we have to reopen and then close the withholding case
| but his does one do that?
| pain_perdu wrote:
| wow, this is clearly the most complex question in today's
| thread.
| password4321 wrote:
| Might be helpful to link to previous AMA's as an attempt to cut
| down on repeat questions.
| dang wrote:
| I've added a link to the top text.
| proberts wrote:
| Great questions and comments. Thank you. I will be taking a break
| now until around 11 am PST/2 pm EST and then returning for
| several more hours.
| blackhaj7 wrote:
| Thanks for the AMA Peter.
|
| Two questions on L1-B visas:
|
| 1. Is it possible to meet the employee requirements (1 year
| within the last 3 years) if you worked for the sponsoring company
| via a ltd company (i.e. not a direct employee relationship)? I
| work remotely and hence have worked through a limited company.
| However, the ltd company has only ever had revenue from the
| sponsoring company and I am the only employee so it was purely
| set up like that for administrative reasons.
|
| 2. What is the easiest/quickest route for an L1-B visa holder to
| get a green card?
|
| Huge thanks
| proberts wrote:
| 1) No, unfortunately. 2) Green card options aren't tied to or
| dependent on in any way the individual's nonimmigrant status so
| your possible options are the same whether you are in L-1B,
| H-1B, O-1, etc. It's just coincidental - not causal - that
| those in a certain nonimmigrant status go down a certain green
| card path. That being said, most of those in L-1B status go the
| PERM/labor certification route or the NIW route.
| blackhaj7 wrote:
| Thanks so much for the response, Peter
| random_coder wrote:
| Hi Peter, thanks a lot for doing this. I have a h1b from 2012, i
| worked in the us for an year using it and returned to my home
| country. Is it of any use to me now, can i be cap exempt or its
| validity has expired and I will need a new one?
|
| Regards
| proberts wrote:
| The $64,000 question. It could go either way. But unfortunately
| I think the weight of the law supports the need to go through
| the lottery again where there has been a gap of at least 6
| years.
| diebeforei485 wrote:
| How soon can an employer start the visa sponsorship process for
| someone who is currently at a U.S. university and graduating in
| May? For example, can an H-1B be filed prior to graduation?
| zapataband1 wrote:
| 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
| proberts wrote:
| Good luck! Sometimes employer sponsorship for a nonimmigrant
| work visa or even a green card is an option for DACA
| recipients.
| jamesmawm wrote:
| Is it possible to apply for O1 visa to create a US startup? What
| are the odds?
| proberts wrote:
| Yes. The odds depend almost entirely on the strength of the
| individual's background or more specifically whether he or she
| meets enough of the O-1 criteria. But the O-1 if oftentimes is
| in reach of founders because - I would argue - the O-1 criteria
| favor founders over non-founders.
| sbayeta wrote:
| Hi! Thanks for doing this!
|
| I've been wondering for a while whether it's possible/practical
| to create a solo company (maybe Delaware LLC) in the US just to
| be able to offer and invoice my services as a software developer
| to US companies that look for US candidates.
|
| I assume (please correct me if you think I'm wrong) that
| sometimes this requirement is because of taxes and bureaucracy,
| and my be could be overcome by hiring a US company services
| (owned and operated by a non US citizen/resident).
|
| Thanks again for giving your time for this!
|
| Cheers!
| proberts wrote:
| If you wouldn't be creating jobs in the U.S. through this
| company, then the only option would be an O-1 but the standard
| for an O-1 is high - although not as high as the O-1 criteria
| would suggest.
| amandarea wrote:
| You don't need to incorporate in the US to do business with US
| companies on a freelance basis. I have worked as a Canadian
| freelancer working for US companies for nearly a decade. I did
| eventually incorporate but that actually makes it more
| complicated because many large corps are used to dealing with
| international freelancers and just need to send you withholding
| exemption docs to fill out. They usually only have the
| individual freelancer docs at the ready -- not the incorporated
| entity docs. That said, hiring an employee and hiring a
| freelancer are different for a lot of reasons and there are
| good reasons why a company might not hire international folks.
| Including because certain industry's regulations keep them from
| hiring in certain places or because the work requires you be on
| a certain time zone. I would also say that... you shouldn't
| always believe what a company says when they say they're only
| hiring in the US. I have gotten interviews and offers for jobs
| that were listed like that. Here's what I do: I find a job that
| I find interesting and then go to the company's LinkedIn page.
| I look at their People tab and check to see if they currently
| have any employees in my country. If they do, they might have
| an international hiring strategy but could prefer US staffers
| because there's less paperwork and they don't need to go
| through an agency in that country to hire you. Then, I apply
| with my address clearly listed. It's more work for me because
| there are many jobs that won't even consider Canadians.
| However, there are some that will for the right candidate. And
| in the last year, I received a number of offers and interviews
| from companies willing to hire me remotely from Canada but who
| had originally advertised US only. Many companies, especially
| small startups, are moving towards international hiring
| strategies.
| e1g wrote:
| Not proberts, but I take your question to be "I live outside of
| the USA, and want to work remotely for US companies. Can/should
| I incorporate to make this easier?":
|
| 1. As a non-US citizen, you can establish a company in the USA
| today for ~$500 with Clerky/Stripe Atlas/AngleList Stack/Gust.
| You'll need to file additional forms due to foreign ownership,
| but otherwise, incorporation is a smooth process.
|
| 2 I hire international developers who bill me from their
| international companies all the time. There is no meaningful
| difference between them and US-based invoices, and there is no
| advantage with taxes or bureaucracy.
| europeanguy wrote:
| dss_1996 wrote:
| 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!
| proberts wrote:
| Yes but your schooling can't be your primary activity; your
| H-1B employment must be.
| e63f67dd-065b wrote:
| 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.
| eaglehead wrote:
| Hi Peter, is there a way to apply to O-1 visa while on TN?
| proberts wrote:
| Definitely. Nonimmigrant visa options aren't limited in any way
| by the applicant's underlying status so you could move from a
| TN to an O-1 - assuming of course you meet the O-1
| requirements.
| smnrchrds wrote:
| Hi Peter,
|
| I am a Canadian citizen. My B.Sc. and M.Sc. are in mechanical
| engineering, but I have been working in the software industry as
| Software Developer and Data Scientist. Would I be eligible to get
| a TN to work in the software industry in the US? If yes, could
| you please refer me to resources to learn more about eligibility
| restrictions, e.g. details about what if any limitations I need
| to keep in mind when I apply to jobs in the US (e.g. if Data
| Scientist jobs are OK, but Software Architect jobs are not OK,
| etc.)?
|
| Thank you!
| proberts wrote:
| The short answer is yes but the application would need to be
| done the right way and you would need to find a U.S. employer
| willing to take this "risk" (although I really don't see any
| risk).
| smnrchrds wrote:
| Thank you so much! I would greatly appreciate it if you could
| refer me to any resources regarding this, just so I can use
| them to convince potential future employers to give me a
| shot.
| p2hari wrote:
| Hi Peter, Thanks for doing this. I have a startup incorporated in
| US. One of my founders is in NY, and we have some interns working
| for us from US. I am based out of Europe. What would be an ideal
| way for me to approach to immigration to US in this case? Would I
| have to apply under H1B to come and work there or is there other
| options.
| p2hari wrote:
| Hello Peter, just wanted to bring this to your attention.
| proberts wrote:
| For you to be able to work for your company in the U.S. or
| just visit? For the former, without knowing the details about
| you or your company, I would look at the O-1, E-2, and IEP -
| and the L-1 if you have a company outside that is related to
| the U.S. company and employs you and has employed you for at
| least one year. For the latter, B-1 business visitor status
| via ESTA or a B-1 visa.
| jathu wrote:
| 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?
| proberts wrote:
| 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.
| [deleted]
| VirusNewbie wrote:
| Is Google currently breaking the law in regards to immigration in
| your opinion?
|
| The story is that Google posts very general, vague job
| descriptions then puts them through a rigorous interview process,
| and only once qualified by a hiring committee, are they
| potentially matched with a team who then is allowed to extend the
| offer.
|
| However, a couple months ago Google paused hiring for a backlog
| of 'qualified' candidates that had passed the hiring committee
| (so, 'qualified' according to the job descriptions) but not yet
| found a team. Wouldn't this be breaking the PERM law if they
| offer any candidates a job needing sponsor when there are
| hundreds of permanent residents that have already been
| 'qualified' in their pipeline available for immediate hire?
| proberts wrote:
| I'm not familiar with this and would need to look at the facts
| first-hand before commenting.
| mmastrac wrote:
| How is the situation for Canadian citizens these days? Is it
| easier for us to come in as management or engineering?
| proberts wrote:
| Engineering.
| wexiya1699 wrote:
| What's your estimate for current processing times of NIW EB2
| applications and what are the chances of that getting premium
| processing for applications in the coming months?
| proberts wrote:
| There's so much variation right now but we are seeing - even
| without premium processing - much faster adjudication of I-140
| NIW petitions, shorting the process by 6+ months. My feeling is
| that before the end of 2023 premium processing will be
| available for all I-140 NIW petitions, not just those that have
| been pending for a while.
| dehrmann wrote:
| How has economic uncertainty this year changed immigration for
| work in the tech sector?
| proberts wrote:
| I haven't seen any changes yet, such as the tightening of
| requirements for temporary work visas or green cards or greater
| support for job-creating visas and green cards, such as the
| E-1, E-2, and IEP or the EB5.
| bagels wrote:
| Peter, what are some common mistakes you see early founders
| making?
| proberts wrote:
| I'm not a businessperson so I'm not really in a position to
| comment but from my limited perspective (and I'm as guilty as
| anyone) is not putting in place strong non-revenue generating
| processes and infrastructure early on, such as human resources
| and operations.
| aaraujo002 wrote:
| Hi Peter, I will be starting a postdoctoral position on a J1 visa
| in a few months. My wife will get the J2 visa which will allow
| her to travel to the US. Can she apply for the EAD while in the
| us temporarily and return to Europe to continue working for her
| company while waiting for the validation of her EAD? Do you know
| the waiting time for EAD at the moment? Thank you for your help.
| proberts wrote:
| The answer to your first question is yes. There's a lot of
| variation in the processing time. We're seeing anywhere from 3
| to 9 months for J-2 EADs.
| miklosz wrote:
| Is there any way to "reactivate" expired green card? It expired 8
| years ago as due family reasons I needed to live abroad.
| nixgeek wrote:
| Depending on the exact circumstances you might be able to try
| the SB-1 route, otherwise no, you are essentially starting
| over.
| proberts wrote:
| It's unlikely but the SB1 route would be the way to find out.
| DelaneyM wrote:
| Hi Peter!
|
| I'm considering work for a US company on an O1 visa, but I hope
| to spend the majority of the time in my home country and make
| monthly trips to the US. I have no desire to acquire permanent
| residency.
|
| I'm happy to be tax-resident while employed and have a
| mailing/residential address in the US, and I know it's a bit of a
| pain crossing the border under a visa, but is there a minimum
| "days in country" requirement to maintain O1 status, either
| contiguous or per annum? Or any other reason I wouldn't be able
| to use an O1 in this way?
| proberts wrote:
| No minimum number of days requirement so the O-1 should be
| fine. We have lots of O-1 clients in a similar situation.
| DelaneyM wrote:
| Thank you!
| slowmotarget wrote:
| As a French founder, am I authorized to do a business trip in the
| US (meet local customers, pitch product features, invite
| prospects at a restaurant) with a simple ESTA?
| proberts wrote:
| Yes but you need to be careful because the line between
| business development/marketing and work - at least as perceived
| by CBP officers - can get blurred. I am assuming that the only
| company here is your company in France, and not in the U.S.
| quadcore wrote:
| _at least as perceived by CBP officers_
|
| How do they judge the thing, by the content of your phone or
| computer?
| proberts wrote:
| If they are really concerned or suspicious, they will
| sometimes ask to see your phone or computer. But their
| analysis is what in fact the individual will be doing in
| the U.S. - that is, will he or she be doing productive work
| - and who is the primary beneficiary of the individual's
| activities.
| quadcore wrote:
| What if I refuses to unlock laptop or phone, can I go
| home (outside the U.S)?
| lifeisstillgood wrote:
| Thank you for doing this. My question is almost anti-specific -
| can you give a helicopter view of immigration processes - what is
| an H1B. Is that the only route in? what's the advantages and
| disadvantages?
|
| (It might help to say I am envisaging a similar AMA for a
| (different) partner who might explain pre-money valuations or
| best way to use SAFE or ways to find investors. I think I am
| interested in the general best practise if that makes sense?)
| graderjs wrote:
| Can a non-US-citizen solo founder with a US startup sponsor
| themselves to do work in the US? As an Australian citizen could
| the company I founded fill the LCA form for an E-3?
| e1g wrote:
| Not proberts, but I followed that path. It's possible, but your
| odds of success are proportional to how legitimate the US
| business is. "Legitimacy" is easily verified by having
| substantial revenue, investments, co-founders, and other
| employees. If the business has no meaningful trade, the odds of
| success are minimal. That is, just registering a company in the
| US will do little to support your case.
| proberts wrote:
| Without going into the specifics, there are many Australian
| founders in the U.S. on the E-3 visa but this is
| problematic/challenging for solo founders.
| ghiculescu wrote:
| I can vouch for https://usimmigration.com.au/ for this sort of
| work.
| iHateImmigrants wrote:
| tao_oat wrote:
| 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?
| proberts wrote:
| 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).
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