[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 4-5 hours and then again for anther 2
hours. 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 since I won't have access to all the
facts and documents. Please stick to a factual discussion in your
questions and comments and I'll try to do the same in my answers!
Author : proberts
Score : 108 points
Date : 2023-11-09 16:43 UTC (6 hours ago)
| julianeon wrote:
| How has the immigration law situation changed in the past 10
| years? Have things become easier (doubt it), harder, or much
| harder, to work in the US? If I had to guess from what I've heard
| secondhand, I would say harder.
| proberts wrote:
| I think it's harder now than it was 10 years ago but not that
| much harder to get authorization to work in the U.S. The
| changes are really very specific to specific visa types and
| processes.
| simonw wrote:
| What are some non-obvious mistakes we can make that might
| threaten our immigration status, for different classes (for
| example H1B vs got-a-green-card)?
| proberts wrote:
| For green cards, it's really more about what can you do to
| increase your chances; for nonimmigrant work visas, the main
| issues are (these probably aren't non-obvious, to answer your
| question) unauthorized employment, overstay, criminal record,
| and immigration fraud.
| j33zusjuice wrote:
| US immigration? If I live past tomorrow, I want to leave the US.
| Idk how to even start.
| not_your_vase wrote:
| The grass is always greener on the other side lol
|
| Personally I am investigating how could I move to the US...
| 4death4 wrote:
| I've lived in both the US and Europe. They're vastly
| different places. I wouldn't say one is _better_ than the
| other, but certain types of personalities will definitely
| enjoy one more than the other.
| orangepurple wrote:
| If you are talented and influential and meet the requirements
| don't forget about EB-1 and O-1 visas
| not_your_vase wrote:
| Unfortunately I am not particularly talented nor famous,
| just a run of the mill code-monkey who thinks to be better
| than the others (but objectively that's most likely not
| right).
|
| Even though I am very interested in moving to the US,
| realistically that will remain only a plan.
| 4death4 wrote:
| What is your profession?
| orangepurple wrote:
| One does not simply leave. You need permission from your
| destination to reside there. Tourism is different.
| salamandersss wrote:
| Constitution and ground level dynamics of Argentina makes
| this false for their country. Even criminals entering as
| tourist on false passport have been granted citizenship in
| accordance with their constitution.
| striking wrote:
| If you're rich, try applying for a golden visa. If you have
| certain kinds of ancestry, try applying for citizenship based
| on that. If you're educated or well-versed in something
| important, there are some kinds of visa specifically available
| to those kinds of folks. Otherwise, I guess you can try to get
| a job somewhere and then work that job long enough to turn a
| work visa into a citizenship.
|
| That all being said, as some sibling comments put it, the grass
| really always is greener on the other side. As a dual citizen
| (US-EU) I'm perfectly happy to stay in the US. Some of my
| family moved back and immediately came to deeply regret it.
| (Specifically wrt your note about living past tomorrow, I
| promise you I wouldn't be attending my grandmother's funeral
| today if she had stayed in the States.) Maybe you should take a
| full inventory of the advantages and disadvantages of your
| current and target states before devoting many long hours to
| the immigration process.
| boringg wrote:
| What are the biggest issues that you see in the immigration
| mechanism that the US currently has in place (in terms of tech
| work visas) and how can we improve upon them as a community? From
| your vantage point is the immigration mechanism (for tech)
| working effectively for its intention or does it not align with
| its stated intent?
| proberts wrote:
| For the most part, even if bumpy and burdensome, I think the
| immigration system works well (or well enough) for stars (or
| certain types of stars). But I don't think it works well for
| many others, such as talented engineers, for example, who don't
| meet the star definition, and for the companies that want to
| employ them. This was one of the purposes of the H-1B program -
| to allow for the employment of talented professionals - but
| that program seems broken because of the massive demand and the
| limited supply.
| lmm wrote:
| Can you see any paths to improve it? I'm sure any radical
| changes would upset one political side or other, but are
| there provisions or processes that are just lose-lose and
| could be adjusted without making either side unhappy?
| written-beyond wrote:
| Why aren't there easier more accessible law and accounting
| services for early stage Startups. We used clerky for most of our
| registration and setup but the other 90% was just them telling us
| consult an attorney.
|
| For non us founders it's almost impossible figure that out. There
| really should be more price accessible law and accounting
| services for early stage non US founders.
| proberts wrote:
| I think there are but there's no one place to find them. Many
| lawyers in the startup space will discount or waive their legal
| fees when working with entrepreneurs and founders.
| awei wrote:
| Hello Peter,
|
| Thank you for taking the time to provide insightful answers to
| our questions.
|
| My question concerns EB-1 visas and greencards for extraordinary
| ability. The usual route to prove 'extraordinary ability' seems
| heavily skewed towards those with scientific publications under
| their belt. Would it be possible to qualify for a software
| engineer leaning towards tangible tech contributions, for example
| significant commits to open source projects and building online
| products with a decent user base ?
| proberts wrote:
| Absolutely! Most of the EB1As we handle are not done for
| scientists, they are not done for those with a significant
| number of impactful publications, they are done for engineers
| and founders.
| awei wrote:
| Thanks! Are there any tacit threshold to qualify ?
| proberts wrote:
| Not really. But it's critical - in addition to checking at
| least 3 boxes/criteria - to argue and demonstrate overall
| sustained achievement in the field.
| awei wrote:
| thanks!
| Chandiran wrote:
| Whats the best path forward for a h1b solopreneur who wants to
| gain some traction on the side project before quitting their full
| time job and going all in on an idea?
|
| Keep going and get into an accelerator and apply for an o1? Or
| are there new paths with the entrepreneurial parole program?
| proberts wrote:
| There are other paths but this is a complicated/lengthy/nuanced
| discussion that requires a call with an immigration attorney.
| Chandiran wrote:
| Thanks Peter!
| impish19 wrote:
| Surely you can point to some direction about this?
| m3kw9 wrote:
| What are some of the toughest part of your job?
| proberts wrote:
| The stress/burden of not messing up people's dreams of living
| and working in the U.S.
| bubbleRefuge wrote:
| A company in California wants to push me out the door unfairly
| and I'm a remote employee in another state and want to fight it
| or get some just compensation, should I consult an attorney in
| California or my state. ? (edit: sorry just noticed this is
| regarding immigration law only )
| Fin_Code wrote:
| Employment agreements are at will. Its highly unlikely you can
| fight this. You need agreement with your employer to continue.
| snotrockets wrote:
| This isn't necessarily true: "at will" means a _legitimate_
| termination has no notice period. Employers are not allowed
| to fire employees for any reason, or to have an abusive
| employment environment.
|
| OP: any employment lawyer could also advise you on
| jurisdiction.
| paxys wrote:
| Employers are absolutely allowed to fire employees for any
| or no reason as long as the reason isn't specifically
| illegal (e.g. on the basis of race or gender).
| toomuchtodo wrote:
| Could have a constructive dismissal case, but would need
| an attorney to review and confirm. Filing a Dept of Labor
| complaint can also help establish a paper trail, but by
| no means ensures success.
|
| https://webapps.dol.gov/elaws/eta/warn/glossary.asp?p=Con
| str...
| lmm wrote:
| California has a privacy law that makes a large swathe of
| possible reasons (essentially anything to do with your
| private life, which covers most off-the-clock activities)
| specifically illegal.
| paxys wrote:
| The laws of your state of residence will apply to you
| regardless of where the company is based.
| dexter89_kp3 wrote:
| Hi Peter,
|
| Would love your thoughts on the recent EO on AI and it's possible
| impact on immigration.
| proberts wrote:
| I think the impact will be huge; it gives USCIS officer the
| green light when reviewing applications where there's a
| scientific/AI component involved.
| sbolt wrote:
| Hi Peter, thanks for your continued presence on HN over the
| years!
|
| What wait times are you seeing for I-485 processing of EB-3 green
| cards? Are the interviews still being skipped?
| proberts wrote:
| There's a wide range but what I mostly see is that once an
| I-485 applicant's priority date is current, his or her green
| card application is being approved within 3-6 months.
| sbolt wrote:
| Thanks Peter!
| dahlio wrote:
| What's the best practice for a founder or startup employee who is
| on a work visa in the US but works remotely / nomadically and
| doesn't have a fixed address (from an immigration perspective)?
| Use mailforwarding? Ask to use a friend's address? Is that
| frowned upon by USCIS?
| proberts wrote:
| The issue here is getting government mail. Any government
| notice or document also should go to the individual's lawyer,
| if he or she has one. Regarding your specific question, what
| addresses to provide will depend on the immigration form and
| the purpose of the question being asked and whether the
| applicant/beneficiary is a founder or an employee.
| holts-shoe wrote:
| Hi Peter, _generally speaking_ , what is a route to consider for
| Canadians who are currently Software Developers and want to
| switch fields (ex. Product Manager) and work in the US for at a
| startup? TN NAFTA visa looks good although the "NAFTA Profession
| list" criteria is narrow (ex. doesn't include Product Manager)
| proberts wrote:
| Definitely, the TN is almost certainly the best option and the
| Engineer occupation can be used for Product-related positions
| that require a strong technical background.
| holts-shoe wrote:
| Excellent, thank you
| blovescoffee wrote:
| Could you advise on when it's appropriate/advisable to contract
| an attorney for assisting immigration?
| proberts wrote:
| I'm not sure that I understand the question. Can you elaborate?
| blovescoffee wrote:
| Thanks for doing this. My GF is from Mexico and would like to
| come work in the US. It is quite the process. Paying for an
| attorney could be _very_ expensive for someone from
| __not_the_US__. Do you have any advice on what tips the
| calculus such that it 's worth the cost to contract an
| attorney?
| proberts wrote:
| I see. Given the benefit and the potential for
| delays/problems, I definitely would go with an experienced
| TN attorney, not only will he or she see options where your
| girlfriend or a prospective employer might not, but he or
| she also will ensure it's done right. Also, TN visa
| applications tend be some of the least expensive U.S. work
| visas relatively speaking.
| blovescoffee wrote:
| Awesome advice. thank you so much!
| vimota wrote:
| Is there any path for a founder from Canada to move to the US by
| being employed by their company under a TN visa - especially if
| they don't believe they can prove O1 requirements? Why is the O1
| preferred (other than permanence)?
| proberts wrote:
| An O-1 isn't preferred but oftentimes is the only option for
| Canadians because they don't fall within one of the NAFTA
| occupations or there's some disqualifying element, such as a
| controlling interest in the petitioning/employing U.S. entity.
| thatfoundergirl wrote:
| What's your take on O1 visas for company founders (from European
| Union) wanting to move to the US for 2-3 years, possibly opening
| up a business entity of their company there?
| proberts wrote:
| With some funding and a good business model, the odds of an O-1
| are surprisingly strong.
| moralestapia wrote:
| Hi Peter,
|
| Could you shed some light about what kind of profile could apply
| for (and get) an O1 visa? Specifically, if I have a tech company
| set up in the US that's pulling some decent revenue, is it worth
| applying for an O1? What other circumstances come into play
| against/in favor of this?
|
| I've seen a lot of advisors and "influencers" all over the web
| saying that it's "easy". I don't think that's the case because
| nothing in US immigration is easy, unless your net worth is like
| 9 figures, maybe; but if it's not that far-fetched I may consider
| applying for one.
|
| Alternatively, could one sponsor its own H1B visa? I guess the
| actual underlying question is: if I'm an entrepreneur with a
| real, solid company based in the US (but I'm not in the US and
| not a US citizen), what is the best way for me to move there and
| keep working at my company?
| proberts wrote:
| I wouldn't characterize an O-1 as easy but it's often within
| reach of talented professionals, particularly founders. At the
| end of the day, the issue is less about the quality of the
| evidence - although that matters - and more about the existence
| of evidence that checks at least 3 boxes/criteria. And now,
| with the recent public announcements from the Administration,
| O-1 petitions with an AI component have an even greater chance
| of approval.
| moralestapia wrote:
| Thank you, I'll definitely give it a shot.
| Swizec wrote:
| I have gotten two O1's and then the greencard version (EB2). It
| isn't easy in the "not a lot of work" sense, it's easy in the
| "not random" sense. If you put in the work (that also helps
| your career), tick off the required boxes, and present the
| evidence correctly, you will get the visa.
|
| But yes an O1 takes a shitload of work.
| crowcroft wrote:
| For people running a small business that is remote/can be done
| anywhere (a small SaaS company for example). What are their
| options for operating in the US?
|
| To give a specific example. An indiehacker runs their own
| business, and wants to move to the US, potentially with the view
| of trying to become a citizen at some point. They have plenty of
| income, don't need a job/so don't really have a visa sponsor etc.
|
| What steps should they look to take?
| proberts wrote:
| While physically in the U.S., with very limited exceptions, a
| foreign national must have some form of U.S. work authorization
| to engage in revenue-generating activities, even if those
| activities are remote/virtual or occurring in another country.
| The default options, depending on the individual's country of
| citizenship (excluding those from Australia, Canada, Chile,
| Mexico, and Singapore, who have their own work visas), are the
| O-1, H-1B, and E-2.
| salamandersss wrote:
| An interesting exercise for the reader is to look up I-9
| authorization, or lack thereof, checks for 1099 workers.
| crowcroft wrote:
| This is super interesting Feels like a lot of people just
| travel the US and work remote a bit with the expectation
| that they will just slip the cracks.
|
| Thanks!
| proberts wrote:
| I think there's a difference from CBP's/USCIS's
| perspective between visiting the U.S. for brief trips for
| pleasure or business and continuing to work while here
| (for the benefit of a foreign employer or client) and
| traveling to the U.S. to work remotely from the U.S.
| (even if for the benefit of a foreign employer or
| client).
| crowcroft wrote:
| I see, so the 'correct' path would likely be something like:
| Incorporate in the US -> apply for an E-2 (appreciate this is
| a gross simplification).
| aaraujo002 wrote:
| Hi Peter! I am an ML postdoc with ~200 citations and a few papers
| at top ML conferences. I would like to apply for the EB2-NIW and
| I am wondering if it is really necessary to go through a lawyer.
| I have heard from a few people online who have wrote the petition
| themself, but from what I have gathered, most people go through
| lawyers. What would you recommend? Thank you.
| proberts wrote:
| That's really a question of cost-benefit because from a purely
| outcome standpoint, I would recommend going with someone (a
| lawyer) who has prepared and filed these types of applications.
| At a minimum, I would recommend having a lawyer review your
| background to see what options you have (NIW or even EB1A) and
| to identify any issues. Because with your focus and background,
| you also might qualify for EB1A.
| tschellenbach wrote:
| Peter helped us many times over at getstream.io, appreciate it.
| jb12 wrote:
| Hi Peter! You did my E3 visa a while back. When I was standing in
| line at the US consulate in Sydney, the person in front of me was
| really nervous, visibly shaking. I saw that their papers had your
| letterhead, so I was able to calm them down a bit by showing them
| my papers, which also had your letterhead.
|
| Thanks for all your hard work!
| proberts wrote:
| Quite a coincidence. Thanks for your help!
| boplicity wrote:
| Maybe this is too far outside your area. I'm an American living
| in Canada, and am leery about the best legal structure for my
| business. Cross border accounting is a nightmare. Any advice?
| proberts wrote:
| Unfortunately, that is outside my area. I just always refer
| these questions to accountants.
| wxnx wrote:
| I really want to know this, too.
| atlasunshrugged wrote:
| If you had a magic wand for Congress to do something to support
| immigration for entrepreneurs, what would you have them do?
| proberts wrote:
| Really get behind the IEP program and start to review and
| approve good faith solid applications (those that are likely to
| generate jobs).
| mportela wrote:
| An H-1B person, after having extended the visa once, will need to
| go through the lottery again next time, right? If they have done
| a Master's degree in the US, will this second H-1B application go
| to the Master's cap quota like the first one?
| proberts wrote:
| No, with limited exceptions, once someone has been selected in
| the lottery, he or she won't have to go through the lottery
| again, whether in connection with an extension or job change.
| mkagenius wrote:
| Why is US having 500 days waiting time for visitors visa from
| India. Makes no sense. Will that wait only end if Kamala Harris
| becomes the prez?
| proberts wrote:
| I don't know. It's a disaster and embarrassment of course.
| Surprisingly, other immigration processes have been fixed so I
| think this one will be fixed as well.
| maxFlow wrote:
| Hi Peter. Thanks for your AMAs, always a source of great value.
|
| A couple of questions from me:
|
| 1. Which would you say are the top spececializations within tech
| that employers are most willing to sponsor visas for nowadays?
|
| 2. Would you say the willingness to sponsor tech professionals
| has lessened somewhat as of late? Given the economic climate,
| opportunities to hire remote globally, etc.
|
| 3. Are there any impactful immigration reforms we should keep a
| watchful eye for, vis a vis the 2024 US presidential election?
|
| Thanks & all the best.
| proberts wrote:
| 1. From my narrow/limited perspective, AI/ML engineers and
| technical product managers. 2. Again from my narrow/limited
| perspective, no, even with remote employment (because
| oftentimes those remote workers need to spend significant time
| in the U.S. and require work authorization). 3. I don't see any
| likely major changes. The action will come from executive
| orders and changes in the application/interpretation of law.
| kotlip wrote:
| Hi Peter, could frequent US visits (B2 visa, once every few
| weeks) affect the L1 visa process at all?
| proberts wrote:
| Only that that time doesn't count toward the one year of
| qualifying employment abroad and that a Consular officer might
| question what this individual was doing in the U.S. - that is,
| whether this individual was working without authorization.
| kotlip wrote:
| Thank you, really appreciate it!
| Eumenes wrote:
| How come India (11.8%) and China (74.5%) make up a vast majority
| of H1B visas?
| https://www.uscis.gov/sites/default/files/document/data/h-1b...
| Detrytus wrote:
| Both have huge (1.5B) populations, and are shitty places to
| live, so a lot of people want to get out of there, and H-1B
| visa is one of the best ways. Huge number of applicants gives
| you huge number of visas granted.
|
| Also, it's the other way around: 74.5% for India, 11.8% for
| China
| commandlinefan wrote:
| Do you get any pushback from any government organizations for
| sponsoring new H1B visas when millions of US citizens are
| unemployed and unable to find work?
| proberts wrote:
| In my experience, that issue is never raised (and there's no
| test-of-the-labor-market requirement in the H-1B context).
| cgb223 wrote:
| I've just started a single member LLC in SC, and I'd like to
| contract with a company in Florida. I will be working
| predominantly from SC remotely, but may end up in FL for an
| onsite every once in a while.
|
| Do I need to _also_ set up an LLC in Florida to make this work or
| is my SC LLC sufficient?
|
| If yes, do I need to do this in all 50 states if I want to do
| business with entities in each, or how do individuals acting as
| contractors handle that?
| Eumenes wrote:
| this seems more like a tax question and not immigration
| BiteCode_dev wrote:
| You regularly do those AMA.
|
| My question is: what motivates you to do them?
|
| Is it to promote your services? Is it to find talents for YC?
| Something else?
| proberts wrote:
| I really don't do anything other than work so this is a really
| nice change - a way to help people/give back a bit - and every
| time I do one, I learn something new.
| cgb223 wrote:
| Hi Peter,
|
| I'm an entrepreneur looking to start a business in the EU so I
| can sell to people in that market.
|
| If location in a specific country doesn't matter to me, what's
| the path of least friction to getting long term residency and a
| business started?
|
| the path of least friction to EU citizenship assuming my business
| adds value to the EU?
| codersfocus wrote:
| Might want to look into Dutch American Friendship Treaty visa.
| Kim_Bruning wrote:
| Interesting! I wonder if that treaty is somehow reciprocal?
| brazed_blotch wrote:
| Hi Peter. Which countries are the most popular destinations for
| founders to immigrate to, in your opinion? I've heard Dubai is
| the best place right now. Thanks!
| proberts wrote:
| That's a good question. My focus is the U.S. so I don't really
| know what the startup immigration is to other countries.
| zsdw wrote:
| Hey Peter, thanks for sharing your expertise
|
| Is it more advantageous in terms of processing time and outcome
| certainty to pursue Lawful Permanent Resident status via an
| Immediate Relative Immigrant Visa based on a spousal
| relationship, or to seek it through an Employment-Based Immigrant
| Visa?
| proberts wrote:
| As a general rule, definitely family-based since there's really
| no discretion/subjectivity.
| throwaway_ldn2 wrote:
| Hi, what options are there for someone with dual UK / Europe
| (Germany) citizenship to come to the US to work (either as an
| employee, or to start a business) - and how long much security in
| staying if the job / startup doesn't work out? How costly would
| it be for either the individual, or the sponsoring company?
| Thanks!
| proberts wrote:
| There are lots of options depending on a variety factors,
| including this person's achievements and qualifications, the
| amount invested in the U.S. company, etc., such as the E-1,
| E-2, H-1B, and O-1 visa.
| huy-nguyen wrote:
| Hi Peter. 2 questions for you:
|
| 1) PERM processing time keeps getting longer and longer (now at
| 11 months, up from 5-6 months a few years ago). Do you know why
| or if DOL has any plans to improve it?
|
| 2) What's the current average PERM-based I-485 processing time
| you're seeing in your office? Any processing time advantage to
| submitting I-485 separately versus concurrently with I-140?
|
| Thanks.
| proberts wrote:
| 1. I thought that one of the purposes of the new PERM form and
| system was to improve the overall processing but things have
| only gotten worse and the expectation unfortunately is not that
| things will get better. 2. All over the place although the
| majority of employment-based I-485 applications seems to be
| approved within 6 months.
| yodsanklai wrote:
| Hi Peter, I'm a software engineer and have the opportunity to
| relocate to the US from Europe with a company transfer visa (been
| working for a US company for more than a year). Supposing I get
| laid off once I'm there, what are the options to stay in the US?
| generally speaking, how long would it take to get a green card?
| proberts wrote:
| If you lose your job or quit, you would get a 60-day "grace
| period" after the end of your employment to stay in the U.S.
| and remain in valid L-1 status. During this 60-day period, you
| would need to do something, that is, get sponsored by another
| company (maybe for an O-1 visa) or file something yourself,
| such as an application to change your status to visitor status.
| Unfortunately, the L-1 isn't transferrable to another unrelated
| company.
| proberts wrote:
| Or leave the U.S. if you do neither.
| bestbuyer__ wrote:
| Hi Peter.
|
| If someone, say a Canadian, overstays their tourist visa in the
| states by more than 6 months and are then banned from re-entering
| for 3 or 10 years, what are their options for fixing their
| immigration situation? If they receive a job offer (TN Visa or
| H1B) would that fix it?
|
| Thank you
| proberts wrote:
| There are temporary waivers available.
| rosmax_1337 wrote:
| Do you find that northern-european immigrants end up happy after
| immigration to the US, given the circumstances which you meet
| them in? The US is quite a different social environment, while
| still also being quite similar to northern europe in many ways.
|
| Certainly "your field" per se, but if you follow up on clients I
| figured you might have a better clue than most.
| pizzalife wrote:
| Probably not something Peter can answer.. but I'm from northern
| europe and yes, I'm happy here and would never want to go back.
| proberts wrote:
| I often think about this but regardless of the country, some
| foreign nationals can never imagine going back to their home
| country and others always see their home country as their
| home, where they will end up. It seems more specific to the
| foreign national than to the home country.
| spandextwins wrote:
| What are you doing to get minority and/or lgbtq immigrants
| helped?
| proberts wrote:
| Not enough but trying to do more.
| kabigon wrote:
| Should my wife and I get an attorney? She has been waiting almost
| 15 months for GC, marriage-based. We sent in everything all at
| once, work permit/travel/adjustment of status. We're thinking
| about even mailing Katy Porter. She's from Canada, we provided
| plenty of proof, we did everything right and still nothing! She's
| desperate to just start working..as it is right now she's pretty
| bored just playing video games at home all day.
| proberts wrote:
| You should see if you can put in a request with USCIS (called a
| Service Request) and also contact your local federal
| Representative and ask this person to make an inquiry with
| USCIS (something that is not a big ask and is done all the time
| and sometimes seems to make a big difference).
| halyconWays wrote:
| What the heck is going on where in the past three years we've had
| more people entering the country illegally than the entire
| population of 22 states, yet my extremely qualified friend from
| the UK (who will work in tech and pay taxes) finds it absolutely
| impossible to emigrate here? He'd need a big tech company to
| enter that visa lottery for $10k an attempt, it sounds like.
| throwaway231109 wrote:
| Let's say there's a disabled person (successfully employed in
| tech, but also receiving benefits from their own government that
| don't have an income threshold). Such a person is considering
| immigration to the US in the future. How much of a concern the
| "public charge" provisions should be in such a case?
| proberts wrote:
| If I understand you correctly, really no different from anyone
| else (although the government can take into account health).
| coldtrait wrote:
| Hey Peter. Can a person whose H1B visa was approved after they
| left the country with employer A, transfer it to employer B
| assuming the visa holder hasn't entered the US yet an hasn't
| "activated" the visa?
| proberts wrote:
| Surprisingly, yes, this usually works - jsut not always.
| proberts wrote:
| just
| AlexanderTheGr8 wrote:
| Hi Peter, the new AI executive order mentioned easier immigration
| for ML/AI professionals. Does this or will it actually make
| immigration easier for ML/AI professionals?
| proberts wrote:
| I really do think so but time will tell.
| proberts wrote:
| Thanks everyone. I'm going to be taking a short break.
| thewinnie wrote:
| Hi Peter,
|
| I'm a solo founder of software development company in USA. I've
| been doing everything on B1/B2 visa until goverment told me I
| spending too much time in USA and they cancelled my visa with
| recommendations to look for other options.
|
| I tried to apply for E2 during covid and it took them almost 6
| months to process my case but they declined it with a general
| reason that they don't see enough evidance to issue E2 for me at
| this moment but I can re-apply anytime if my situation change. (I
| applied by myself without any lawyer at all)
|
| After consultations with different attorney I've been told that
| E2 is more for people who wants to invest but since I'm already
| established working business it might not be a good fit for me.
| And yeah they do recommend me to look on O1
|
| 1. Is it something interesting for you? Can I get paid
| consultation from you and maybe you'll help me?
|
| 2. Is it true that for existing established business with solo-
| founders E2 might be not a good fit?
|
| Thank you in advance!
| proberts wrote:
| 1. I'd be happy to speak with you and go through your options.
| 2. That's not the most important factor; we do E-2s for
| existing businesses and solo founders all the time.
| elevenoh4 wrote:
| What are the top items a solo software founder (of a treaty
| country) seeking e-2 might not have in their
| application/background or want in the outcome of an e-2?
| proberts wrote:
| E-2s for founders are generally easy as long as there's the
| qualifying investment and a good business plan. Sometimes
| founders of very new backgrounds with limited experience
| run into issues but even this is rare.
| ghirni wrote:
| Hi Peter!
|
| Thanks for doing this! 2 questions from me: 1. If the company is
| not able to file PERM successfully due to the layoffs and once
| the H1b expires. Is it possible to extend the H1b after 6 years
| eventhough there is no PERM filed?
|
| 2. Can companies not absolutely file for PERM during layoffs or
| is there like a georgraphical restriction/meaning certain number
| of miles that they should look at to determine if layoffs have
| happened? Is there a fixed number of miles/radius?
| proberts wrote:
| 1. No. An H-1B can only be extended beyond the 6-year max-out
| period by recapturing time spent outside or by being in the
| green card (and being far enough along in this process). 2. For
| layoffs to be relevant - that is, for them to impact an
| employer's ability to file PERM applications - they must be in
| the same or similar occupation as the sponsored PERM occupation
| and be in the same geographic area.
| ghirni wrote:
| Thanks a lot! a follow up on (2) - what does a "geographical
| area" mean. Like would Houston and Austin be in the same
| geographical area? Is there certain miles radius a cut off or
| entire state?
| proberts wrote:
| Same MSA so Houston and Austin would be considered
| different locations,
| rexley wrote:
| 1. For switching to from withholding of removal to green card by
| marriage what is the steps? Can this be done without
| representation? What is the time frame?
|
| 2. Is it possible to move from CNMI to mainland with withholding
| of removal?
|
| 3. For a child adopted in a United States territory, adoption
| already completed, what is the step after i130?
| _jules wrote:
| Strange one: my parents tried to get visitors visa while I was on
| L visa and were denied (twice - in If it makes a difference),
| might they get better chances now that I have the green card?
|
| P.S. it's strange for me because they are pretty well off but
| nothing got checked at the embassy. Reason stated was to see me &
| the family (2 nephews).
| proberts wrote:
| That's surprising. They definitely should reapply. Where are
| they from and where do they live?
| _jules wrote:
| Romanian residents & citizens. Even stranger is the fact that
| mom was rejected last year and the next person in the queue
| was a friend applying for the same visa and stating the same
| intention of visiting me - he was granted the visa.
| dotBen wrote:
| Green card holder via marriage, decided after 10 years it's time
| to naturalize. Nothing exotic in the situation - still happily
| married, started a family, no legal issues, citizen of Western
| country etc. Is it worth retaining an immigration attorney for
| this? Most of my friends who have done this did it themselves and
| say it's a paper-filing exercise, simple test and an interview -
| so they think I'm being overly cautious to consider retaining
| counsel. What would be the considerations here, please? Thanks!
| jtarrio wrote:
| Naturalized citizen here: it's not hard at all. You've had the
| green card for 10 years so the marriage is not even a
| consideration. For once, you'll be on the "friendly" side of
| USCIS that wants you to succeed, not the one that wants an
| excuse to deny.
| proberts wrote:
| If there are no issues (that is, no criminal record and no
| extended absences), then it's a simple and straightforward
| process and we advise all our clients to handle on their
| applications on their own and save themselves the legal fees.
| laurencerowe wrote:
| I naturalized just over a year ago. I found completing the
| application online easy enough. I used San Francisco's free
| immigration legal advice line for a question about how to
| account for speeding tickets (the wording on the naturalization
| form is slightly different to that on the green card form.) You
| may have something similar where you live.
| https://www.sfhsa.org/services/immigrants-benefits/free-lega...
| aced123 wrote:
| Hi Peter, I have a master's degree what is the best way to get a
| Visum in the US? How easy is it to use this higher degree to get
| a green card? Any experience or advice you give is, very much
| appreciated
| proberts wrote:
| That's going to depend on a lot of factors, such as your
| country of birth and citizenship, your area of expertise, your
| experience and achievements, etc. It's really hard to advise in
| general.
| bvoq wrote:
| Why do you not move YC into a more immigration friendly country?
| kingstoned wrote:
| For E2 visa:
|
| 1. Do they look at whether you paid taxes on the income you
| invested (how stringent are the requirements for source of
| investments)?
|
| 2. What is the minimum viable investment these days? Could they
| approve an investment of $50k-$100k for a software business?
|
| 3. Can the money your company earned count towards investment or
| does it all have to be personal income of the founder?
| mrassili wrote:
| Hi Peter! As a Moroccan web developer, I'm working remotely with
| a Canadian company. My employer suggested I explore visa options
| to visit Canada or the USA for a brief two-week trip in early
| June next year. I'm young, unmarried, renting an apartment,
| paying a monthly car loan, and have parents in good standing in
| Morocco. I've never traveled outside Morocco. How can I make this
| happen as a contractor without intentions to immigrate or enter
| the Canadian labor market, just to meet with my globally
| scattered teammates? Your friendly advice on navigating this
| would be fantastic! Thanks a bunch!
| sbassi wrote:
| is there a path the GC after 8 years living in the US? (4 under
| L1 and 4 under E-2)
| proberts wrote:
| Unlike many other immigration systems, under the U.S. system,
| time in the U.S. in valid status has no bearing on the green
| card path/options.
| root_lib wrote:
| Hi Peter! I am a EU citizen with a pending I-130 to relocate to
| my wife to the U.S. We've been waiting for more than 7 months
| with no response. In the meantime I acquired a job at a
| U.S.-based company, although that is without visa sponsorship and
| I am employed through an employer of record in my country. Yet, I
| am wondering if there's any way how my employment might help to
| speed up the process, given that the company would employ me
| within the U.S. once I have relocated?
| proberts wrote:
| Are you a U.S. citizen or permanent resident?
| root_lib wrote:
| My wife is a U.S. citizen. I am EU citizen. I am currently in
| Europe, while my wife is in the U.S.
| temp91223 wrote:
| Hello Mr. Roberts. Thanks for taking questions.
|
| I am currently on F-1 visa with about 1 year of STEM OPT left. I
| am looking into applying to Startups and only join if they are
| open to start EB-2 process right away. Is this something the
| startups will entertain or accept?
| proberts wrote:
| They oftentimes will support EB2/NIW filings in my experience
| but to be clear, because of the green card backlogs, almost
| certainly an EB2 filing won't allow you to stay past your STEM
| OPT; you will need another basis to live and work in the U.S.
| temp91223 wrote:
| Thank you! I am not from a country with EB2 backlog. What do
| I/they need to obtain(such as Perm certification) in the EB2
| application process for me to continue working past STEM OTP
| EAD expiration date?
| junar wrote:
| Every country is backlogged. At best, you are less
| backlogged than others.
|
| https://travel.state.gov/content/travel/en/legal/visa-
| law0/v...
|
| https://www.uscis.gov/green-card/green-card-processes-and-
| pr...
| wrp wrote:
| When a USA citizen meets abroad and wants to marry a non-USA
| citizen, with the intention of the non-USA citizen pursuing
| permanent residence in the USA, does it have any effect on the
| process which country they get married in?
|
| I've heard this and similar concerns from employees of
| multinationals who meet someone while at an overseas branch. They
| want to do what they can to avoid snags.
| zie wrote:
| Only if they pursue a Fiance Visa, which is(last I checked)
| usually the best way for the non-USA citizen to get their green
| card. A Fiance visa requires the marriage happen in the
| USA(after receiving the VISA).
| biggc wrote:
| Recently, the K1 fiance visa has been taking longer to
| process than an I-130 spouse sponsorship. I don't have any
| hard numbers though.
| Firmwarrior wrote:
| I was in this boat back in 2017, and a lawyer working with my
| FAANG company advised me off the record that our best bet was
| to visit the USA, and suddenly have a surge of loving feelings
| and spontaneously get married in a tiny impromptu ceremony.
| Then apply for a change of status while in the USA.
|
| I probably should have listened to her.. I did it the "right"
| way since I wanted to quit that job anyway. Got married abroad
| and filed an I-130. It took like 18 months to get it, it was
| nuts. I'm a native-born US citizen and my wife is from Japan,
| no criminal records or anything, and I was making 3-5x the
| national median household income this whole time, so it's not
| like there was anything tricky about our case.
|
| I'd recommend you just talk to a lawyer. I hired a lawyer for
| our case, and it was about $3k total. It would've been entirely
| doable without the lawyer's help, but it was easier that way
| and I helped fund her charity work where she helps refugees and
| domestic abuse victims.
| BobaFloutist wrote:
| Yeah what you were recommended lets you kind of "jump the
| line" (for fiance visas, which take forever), and as long as
| you consult a lawyer and approach it sensibly it's pretty
| much risk free.
| ftyers wrote:
| What are the main things that USCIS looks at when deciding to
| approve an LPR application? Do they really require affidavits?
| How long are applications taking at the moment? And for advanced
| parole too?
| proberts wrote:
| Do you mean marriage-based green card applications? These are
| super easy and fast now (less than 6 months in many cases) and
| don't require a lot of evidence of the bona fides of the
| marriage. A few affidavits can be helpful but they're
| absolutely not required, particularly if the other evidence is
| solid.
| Racing0461 wrote:
| Do you think anything is going to come from
| https://ai.gov/immigrate/ ?
| lgkk wrote:
| Hi. I'm working on early product (no fundraising yet) and my
| friend is on h1 and cannot work with me due to visa restrictions.
|
| Is there any option here so we can work together?
| proberts wrote:
| It depends what you mean by work. He or she cannot get paid of
| course but there's lots that he or she can do with regard to
| establishing the company, building the product, etc.
| lgkk wrote:
| Thanks!
|
| If he helps me build the product outside of his regular
| employment duties is that okay?
|
| Can I give him advisory equity?
|
| Thank you again.
| kecupochren wrote:
| You previously answered me that getting H1B without a degree is a
| thing, but one has to have their work history well documented.
| Could you please expand on what involves? What if the companies
| someone worked at no longer exist? Thanks
| proberts wrote:
| That makes it tougher of course but letters from former
| colleagues or supervisors also can do the trick along with
| other evidence such as offer letters, employment agreements,
| and pay records.
| khaneja wrote:
| Thanks for the AMA Peter.
|
| Planning an O-1 to move to SF and start a startup. Can I run paid
| internships to support myself in the early days (before the pre-
| seed)?
| proberts wrote:
| You would need work authorization to take on paid internships -
| and there's almost certainly no work authorization option
| available. There have been and will be changes to the J-1
| program so depending on your area of expertise and background,
| the J-1 might be an option but there would be complications
| with this if your plan is to remain in the U.S. after the J-1
| internship.
| CrunchyJams wrote:
| For anyone considering working with Peter, our firm has been a
| client for 10 years, have sponsored 5-10 green cards and 20+
| visas. Peter has been amazing to work with and we've gotten
| emphatic thank you notes from people we recommended to him.
| lemiant wrote:
| Worked with peter for 8 years from 3 founders to 300 employees.
| They are great
| efitz wrote:
| I have a lot of friends at work that have H1B visas. They try to
| get green cards but the process drags out often for more than a
| decade. Why is it so hard for people who want to be here, and who
| have well paying jobs, to get green cards?
| toyg wrote:
| Surely you should ask that to your Congressman, not a lawyer...
| canucker2016 wrote:
| I recall hearing that the wait time for green card approval
| depends on the home country of the applicant. There were a lot
| of applicants from India when I talked with people who were
| getting a green card. So the wait for an Indian applicant was
| much longer than, say, an applicant from Canada.
|
| Not sure what the wait times are now, but I doubt the USA has
| caught up on the Indian wait list, esp. during/after the
| pandemic.
| digianarchist wrote:
| I'm an L1B visa holder that will be filing I-140, I-765, I-131,
| I-485 concurrently in the coming months.
|
| How soon can I leave my current employer?
|
| As soon as the I-140 is approved and the EAD turns up? Assuming
| that my employer has communicated that they would not withdraw an
| approved I-140.
| fgdorais wrote:
| This is more of a historical question. I have a green card now so
| this is not currently relevant to me.
|
| I wonder about the use of H1B vs O1 in academia. When I was doing
| postdocs in the US, I was often told that O1 was not the best
| route and H1B was easier (edit: for permanent positions). I
| learned from older colleagues that O1 was actually more frequent
| in their time (probably in the 90s). This is hearsay, of course,
| but I heard it often enough that seems somewhat accurate. What
| changed and could the H1B vs O1 balance change in the future?
| fgdorais wrote:
| FWIW, my pathway was: F1, TN1, J1, H1B, green card over a
| period of 19.5 years... I'm thinking that wasn't optimal :-)
| joneckhardt wrote:
| I'm a professor, looking for advice on how to help international
| students become founders. What initial suggestions do you have?
| Thank you.
|
| Jon
| temp91223 wrote:
| How likely an adjustment of status to H1-B from F-1 be denied due
| to ~120 days visa overstay that happened over a decade ago?
| fgdorais wrote:
| I'm not the expert here, but AOS only applies when you're
| currently in the US. Has this person been in the US for over a
| decade without a valid status?
| fht wrote:
| Hi Peter, PhD student here with some publications thinking about
| staying in academia. What do you think are the chances for a
| green card during the PhD i.e. EB1b or EB2NIW?
| tw600040 wrote:
| I am getting conflicting opinions on this, so I will ask. My
| company has filed a 485 for me (currently on H1) and my wife is a
| dependent. My wife is currently on O1 and her company wants to
| file a separate 485 for her (with me as dependent) for backup.
| But my company's attorneys are telling me that's not recommended
| and it's better to withdraw one before filing another. Is that so
| or can 2 485s be filed?
___________________________________________________________________
(page generated 2023-11-09 23:00 UTC)