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I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA
I am excited and honored to provide (hopefully) helpful advice and information to the community. It can be tough to respond to very fact-specific questions, because relevant information often isn't included, so the best questions are general ones or those with all the pertinent facts. And of course nothing I say should be construed as legal advice. I will be available for the next 2 hours. Thanks!
Edit (1:10 PM PST) This has been an amazing experience for me. Thank you all for participating and for asking such pointed and interesting questions. I look forward to doing this again soon, possibly focusing on one or more specific topics. I need to sign off now, unfortunately, but best wishes to everyone for a happy and healthy new year.
- mahyarm 11y agoHow does one with a H1B, TN, H1B1, or E3 visa move from their current US employer and start their own company legally while living in the USA?
- falsedan 11y agoSet up an LLC & extend yourself a job offer. Make sure you have the capital to pay yourself according to your visa's restrictions, follow the appropriate procedure for visa transfer, & don't outright own the LLC. Alternatively, petition to change visa to H-1B & get your employer to start the greencard application.
- mahyarm 11y agoBy not owning the LLC, does that mean owning %95 or %4? I often seen %5 requirements in ownership of companies making something invalid.
- falsedan 11y agoDon't own it outright, i.e. < 50% ownership.
- yansuck 11y agoMay I ask why can't a person on F1/H1B own a LLC 100%?
- falsedan 11y agoOwning the company that is extending you the job offer you need for the visa is grounds for cancelling your visa—it's not guaranteed but if DHS find out in the future (like if you petition/apply for greencard) they'll bounce you. Basically, do it if you're comfortable (maybe) being asked to leave the country on short notice.
- franciscop 11y agoI won a NASA contest as a programmer and I'm interested on working in the USA (also as a programmer). Am I elegible for an O-Visa? My degree is on Industrial Engineering which I'll finish in January in Spain, my home country. I also have about 1 year of work experience in two startups as an internship. PS, thank you so much for the help so far.
- proberts 11y agoIt's hard to say without seeing your CV but USCIS places a lot of weight on such awards.
- BradRuderman 11y agoWhat is the average cost you recommend for a new the H1-B petition? What about an h1-b transfer? (Legal fees not including filing)
- homakov 11y agoWhat's best way to move to US and not work for anyone and not invest much money? O-2? I work in infosecurity
- shekispeaks 11y agoHow can people on H1B Visa be founders. What is the best way for them to say spend 6 months figuring out what the product is without actually having an actual company?
- jeevand 11y agoCan founders of a startup who have majority ownership & with appropriate board having the power to fire them sponsor green card through their startup? Founders are currently on H1b with approved I-140. Thank you
- proberts 11y agoExcellent question. The answer is yes but substantial ownership is problematic in the PERM green card context, where it is not an issue - and in fact is often helpful - in the national interest waiver (NIW) and extraordinary ability (EB1A) green card contexts. Substantial ownership in the PERM context almost always will trigger an audit and substantial delays.
- semerda 11y agoI was in the exact position. H1B founder needed to move to a GC. My 6 year H1B renew runway was ending. Peter did all the legal/immigration work for me. Applied for the GC via extraordinary ability (EB1A) context. I must say this was the smoothest immigration experience ever. And I have gone through 2 x E3s & 3 x H1Bs using other lawyers. I wish I knew about Peter earlier. Highly recommend everyone here to work with Peter!!
- thro1237 11y agoDo you have a Phd? How did you satisfy the requirements of EB1A otherwise?
- semerda 11y agoNo Phd. Just Masters & Bachelor. I blogged about my journey as an Aussie founder in US on a H1B getting a Green Card here: http://www.theroadtosiliconvalley.com/visa/green-card-cofounder-startup-journey/ http://www.theroadtosiliconvalley.com/visa/green-card-cofoun... Feel free to reach out if you have more questions.
- ojbyrne 11y agoI am curious about the approach YC takes for foreign founders who are accepted into YC. How do they come to the US for the initial incubation period? What happens after demo day?
- atirip 11y ago+1 Additionally: i understand EU citizens can be in the US visa free for 3 months. What that exactly means? 3 months per year or 3 months per one visit? If the latter then how often? Lets assume one gets accepted and decides to utilize that visa free offer - what should be said at the border if one is asked.
- DiThi 11y agoIANAL but it seems it's 3 months per visit, which accounts for time spent in Mexico, Canada and nearby islands (so that doesn't count as starting another visit). http://travel.state.gov/content/visas/en/visit/visa-waiver-program.html#90days http://travel.state.gov/content/visas/en/visit/visa-waiver-p...
- mritun 11y agoIANL, but here is what I know: 1. One can't work on the visa under visa-waiver program. 2. One should not work under the VW, if you get caught, you'll forever forfeit the benefits of VW. 3. 90 days is you maximum permissible stay length per visit to US (leaving US to visit nearby places doesn't count). Note that your ACTUAL permitted stay length is what the CBP notes in your passport at port of entry. You must leave by that date.
- KAdot 11y agoCan I sell my own software as a H1B worker? E.g. my own apps in App Store?
- proberts 11y agoAnother excellent question. Any compensation for services rendered - for productive work - must be specifically work authorized, so as a general rule selling a product created by you - whether it's an application or a widget - requires work authorization.
- goodcall 11y agoHow about a H1b holder participates in a hackathon with cash prizes and wins. Can he claim the money ?
- tejaswiy 11y agoWith the new laws re: H4 EAD, can I use my spouse's EAD to sell apps instead?
- arunaugustine 11y agoWhat if it's an app that I purchased from websites like flippa.com? If the app has continuing revenue, will it be treated as an investment rather than productive work?
- miciah 11y agoHello, Is it possible to do YC, if the founders are initially registered as 'tourists'?
- proberts 11y agoInitial admission as a B-2/WT tourist allows the individual also to engage in B-1/WB business visitor activities, such as participating in a program like YC, but the facts here do matter, such as what was represented by the person when he or she initially was admitted.
- alantrrs 11y agoHi Peter, thanks for taking the time for this AMA. I have a ton of questions, but here's a summary: 1. Can I incorporate a company and look for funding under a B1/B2 Visa? 2. Once incorporated and funded, what type of Visa could I get for myself to work for my own company? 3. Would my two-year home-country presence requirement "212(e)" affect getting those visas? 4. If I'm unable to get any other Visa, could I be living in the US with a B1/B2 Visa working for the company I founded but without receiving a salary? How long could I stay? How about a TN or TD Visa?
- disbelief 11y agoIf someone is on a visa tied to a specific job at a specific company, what is the legality of working on personal side projects (that may turn a profit)?
- proberts 11y agoThis is an incredibly complicated and important question and will very much depend on the facts - that is, the stage and nature of the project - because of course it's fine to think creative ideas and even execute them but the line can be crossed when this evolves into a business or a commercial enterprise. That line can be fuzzy, however.
- yranadive 11y agoWhat are the top 3 things required to make a strong case to get EB1 for startup founders on H4 EAD?
- proberts 11y agoThat's a tough question because USCIS really looks at the totality of the evidence but (not surprisingly) awards, press, and original contributions/patents are important (although not necessarily required).
- newuser2016 11y agoHello, USCIS recently approved my EB1 visa I-140 petition. Since I'm abroad my process will go thru the NVC and then consular processing. What kind of questions should I be prepared for at the consular interview? And about how much time should I have to wait for my green card? Thanks!!
- SeoxyS 11y agoCongratulations, that's a tough one to get!
- klipt 11y agoIf you qualify for EB1 you almost surely would qualify for O1. If you want to start working ASAP, you could probably get an O1 visa in a few weeks, enter the US and work on that, and then file to adjust status to green card based on your approved EB1 I-140.
- disbelief 11y agoHow would you rate a senior engineer's odds at qualifying for an O-1 visa? Can they get by on career/work history alone or does it require a level of public notoriety?
- martin_ 11y agoI may be able to share some insight here. At 23 years old, I have gone through the O-1 process twice in the past 3.5 years, I have a couple of references in news publications like TechCrunch but that's about it in terms of public notoriety. Your prior achievements, recommendation letters and peer review are important. TLDR: Don't be intimidated by the absurd name of the visa. My e-mail is in my profile if you want some specifics
- SeoxyS 11y ago3-time O-1 recipient here. Denied for EB-1 once + on appeal. The O-1, I feel, is pretty dependent on our personal situation, and which side of the bed the reviewer woke up on when they look at your application. But, it can be done. Good luck!
- n00b101 11y agoWhy 3-time? How long is O-1 valid before it expires?
- kenneth 11y ago3 years term per approval. But you have to apply again every time you change jobs. I started with one company, then was founder of a startup, re-applied there, and moved it to another company. Re-applying is easier once you've been approved once.
- n00b101 11y agoI see. How does EB-1 relate to this?
- sn0v 11y agoHi Peter, thanks for doing this. How would you recommend an H1B holder go about transitioning to founding/working for their own startup?
- proberts 11y agoThere are lots of visa options dependent on a variety of factors such as country of citizenship, amount and source of funding, ownership structure. But often there is a solution.
- shekispeaks 11y agoCan I drive for lyft part time on an H1B?
- proberts 11y agoH-1B employment can be part-time but it needs to be professional in nature - that is, specialized and requiring a bachelor's degree in a specific field of study.
- tejaswiy 11y agoI'm guessing the question was that the OP was already employed on an H1B visa with a company, and wants to drive for Lyft.
- sul4bh 11y agoHow does H1B and remote work? Say, can I work in Nashville remotely from home for a company in San Francisco and have a valid case for getting H1B?
- proberts 11y agoYes.
- billconan 11y agoWhat are the options for an h1b who wants to start up? we can't lose our jobs to maintain the h1b status. will yc care that we are not working on the idea fulltime by the time of applying to yc? (will certainly quit the job if accepted to yc.) what are the common attitudes of companies, like google, microsoft, apple, facebook, toward employee moonlighting?
- blizkreeg 11y agothis. I'm in the process of co-founding a startup. My co-founder is on an H-1B and it's probably the thing that comes up the most in "how are we going to make this work?". What are the capital/other requirements necessary to transfer/file for their H-1B by the startup?
- crudbug 11y agoI would also like to see a discussion on this topic. Folks with H1B, who wants to start 1. What is required, if the current company allows Moonlighting ? 2. If the second job is not allowed ?
- deleted 11y ago[deleted]
- adrianbg 11y agohttp://unshackled.co/ http://unshackled.co/ You can transfer your H1b to them and work on your thing.
- ameyamk 11y agoHow are the requirements for salary are taken care of? H1b employee must be paid market rate salary (not in stocks but actual cash)
- winter_blue 11y agoThere's investment. From the website: "Unshackled takes 5% common stock + invests up to $160,000 as a convertible note to help catalyze progress."
- gemmakbarlow 11y agoWhat process would you recommend for a startup looking to relocate software developers immediately from the UK to the US? The H1B process officially kicks off in April, so am interested to hear about types of contractual agreements that might allow employment from now for the next twelve months whilst processing is underway.
- pboutros 11y agoWe hear a lot about the limited # of H1B visas available, about how it functions as a lottery, etc... What are common issues with the H1B application process that don't receive as much public attention?
- proberts 11y agoMany petitions get rejected - without recourse - because they're not submitted/prepared properly and it's much easier to deal with the lottery and resolve issues with premium processing.
- aandrieiev 11y agoDoes this mean that premium processing circumvents the lottery whatsoever?
- porsupah 11y agoNo. Premium processing only affects the speed of processing - the lottery odds remain unchanged.
- iktl 11y agoHi Peter – as H1B / E3 visa holders are only allowed to work for the company sponsoring them, are these holders able to provide contract work (separate to their regular work) to clients either in or out of the US provided the work is conducted and billed via a registered business entity in their home (or another non-US) country?
- proberts 11y agoThe short answer is no - although there can be exceptions when the only beneficiary of this work is outside the US.
- iktl 11y agoThanks for the reply, I (and others, I'm sure) appreciate you taking the time to answer these questions!
- disbelief 11y agoJust to clarify: in this case it may be okay if you're doing work for a client outside of the US and they are billed by a business entity that is also outside the US? So the deal-breaker is doing work for US companies?
- semerda 11y agoMight not be that easy esp if your o/s entity still has you as a shareholder/owner. And if that country has a taxation treaty with USA like Australia does. Then you need to reveal all your foreign activity.
- HackerDoMal 11y agoVou hackear o celular e o canal pq ele hackeou o meu então ele ta fudido vai se fuder ele Flw meu Hackers lindo
- cagenut 11y agoThis isn't really an immigration question so much as an avoiding-having-to-immigrate question: What are the challenges in having co-founders in other countries and being able to grant them meaningful chunks of equity. Say example someone with 10% in Hungary and another with 10% in the Netherlands.
- proberts 11y agoSorry. Outside my area of expertise.
- RjCharm 11y agoWe're shortly going to be opening an office in a European country and employing several local employees. Once the organization is established, what would the process be for inter-organizational transfers of employees between countries? For example, if someone were to relocate from primarily working in Europe to primarily working in the USA?
- proberts 11y agoThere often are lots of options depending on the nationality of the company and transferring employees, the amount and source of any investment, etc. but the options typically are the E-1, E-2, and L-1 visas.
- erispoe 11y agoWhat is the best way to transition from a J1 visa (visiting researcher) to a visa allowing to work one's startup?
- ic10503 11y agoI am moving from a big company to startup and I have initiated my h1b visa transfer. I want to take a break between the two jobs. Is it OK to go outside US after leaving the current company and come back to start working for the startup ? Will carrying the approved h1b petition for the startup be enough to re-enter US ?
- ic10503 11y agoI am moving from a big company to startup and I have initiated my h1b visa transfer. I want to take a break between the two jobs. Is it OK to go outside US after leaving the current company and come back to start working for the startup ? Will carrying the approved h1b petition for the startup be enough to re-enter US ?
- graeme 11y agoWhat are the odds of getting an O1 visa in a very small niche. I'm legitimately one of the top experts in the field of LSAT preparation. I've published several books, run a popular website, moderate a major forum, and have written guest articles for most major sites about the LSAT. However, it's a small field, and not one that attracts much press coverage. How does this balance out? I run my own business. All online, mostly US customers, soon will be a Canadian corporation.
- SeoxyS 11y agoI'm not proberts, or an attorney, but, as an O-1 recipient: The requirement is being at the "top of one's field" and proved through publications etc. I'd say you have a better shot as a big fish in a small pond (expert of small niche) than you would as a small fish in a big pond.
- randall 11y agoMy cofounders are from Finland and Pakistan respectively. We want them to be able to move them and their families temporarily to the us for a year or two. Is h1b the best option?
- immiques 11y agoHi Peter, I have a very specific question I think will apply to many people here. Me and a buddy who is from another country are building a product. We will soon be done with the product and we are thinking about registering the company here in the USA just because it is very easy to get funding here. The company will be a registered in both of our names, (even though he is a foreign national, I am flat-out assuming this is possible). Eventually, if the company does well we would want to stand up an office here. At that point, what are his options to get to USA ?
- proberts 11y agoThis will depend on a number of factors including the nationality of the company and your friend, and the amount and source of any investment, but the options that we typically look at (aside from country-specific options) are the E-1, E-2, L-1, and O-1.
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- throwaway333349 11y agoQuestions regarding international companies being able to sponsor H1B visas in America. 1/ How long does the process take for a company to be eligible to sponsor H1b visas. 2/ How much does it cost ? 3/ Does the company need any minimum funding ? 4/ Does the company need to hire a certain number of American citizens/Green card holders before it can hire H1B visa holders ?
- proberts 11y ago1. There is no waiting period. 2. See response to earlier question. 3. Not really - USCIS will look at a variety of factors to be comfortable that the company can pay the offered wage including funding. 4. No.
- octopus00 11y agoHi Peter, thanks SO much for doing this - Is it ok to form a side company while on H1B? - Is it ok for me to develop free or paid apps through my own side company (just me doing everything, without hiring anyone else)? If not, what do I need to do to not violate my status? - What are the minimum criteria for an O visa and is that a viable solution if the side company is going really well?
- proberts 11y agoAll work must be authorized, so work for a side company must be work authorized, although it's possible to hold both full-time and part-time H-1Bs or O-1 or TNs with multiple companies. The criteria for O-1 classification are listed on USCIS's web site - too much to note here - but as a general rule, if a company is doing well, then it's relatively easy to get an O-1.
- erispoe 11y agoHow hard is it to create an entity that is H1B cap-exempt and can this entity be related in any way to a for-profit company?
- proberts 11y agoThe entity can't be related to a for-profit entity but it's not difficult to create a cap-exempt company if the appropriate affiliation exists - but that's the challenge of course.
- tty7 11y ago1. What is the best course for an E3 Visa holder to move to a Greencard? (or something similar). 2. If an E3 Holder would like to found a startup, how does one go about self sponsorship?
- proberts 11y ago1. The underlying nonimmigrant status - whether E-3 or H-1B or O-1 - has no bearing on green card options so it simply will depend on which green card option one qualifies for - irrespective of underlying status. 2. The short answer is that self-sponsorship isn't allowed in the E-3 context.
- n00b101 11y agoWhat is the usual or best process followed by Canadian citizens who get into YC and then relocate from Canada to Silicon Valley?
- an4rchy 11y agoGreat topic.. just out of curiosity.. Has YC directly sponsored any H1B visas (if not for founders but people who actually work for YC)? I tried the usual h1b websites and couldn't find anything...
- focus986 11y agoI was married to a US citizen for some years and recently got divorced over infidelity/financial issues (have proof). I have since filed an appeal as "Abandoned Spouse" which has yet to be acknowledged by USCIS so I am yet to have a new case number at all. My current work permit has run out and I have received notice to appear for Removal proceedings in Sept 2017. Is there a way to get my work permit renewed in the interim? I am yet to receive acknowledgement of receipt from USCIS about my abandoned spouse appeal
- tosseraccount 11y agoCritics have charged that H visa guest worker programs are subsidies to the already rich holders of enough capital to influence inside the beltway politics. They say that the program is designed to keep wages down and facilitates outsourcing. Are the current laws also a subsidy to the legal industry who get to charge for an overly complicated process?
- proberts 11y agoI think that that's a fair criticism of every benefit that the government offers that requires legal assistance to obtain, whether an immigration benefit or not.
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- shpx 11y agoIf I were to take a year off school right now, can I still get a J1 for an internship this summer? Also just wanted to say thanks for doing this.
- proberts 11y agoIt's possible, yes, but have this conversation with a J-1 sponsor since the J-1 sponsors make this determination.
- poerkladsfl 11y agoL1 related. What should I do if I want to go work for a different company but am currently on an L1-A visa (been here in the USA for 3 years).
- proberts 11y agoYou would need to switch to another status such as an O-1 or an H-1B (if you're not from a country with other visa options).
- jason558 11y agoHi Peter, thanks for doing this session! My question relates to techniques and probabilities of getting H1B visa for potential hires. We are a 5 year old profitable start-up with more than $1 million in revenue...how hard would it be for us to sponsor a potential new engineering hire for the visa process? I understand that it can cost $4k in the application and X in legal fees ($5k?) which we would be ok with. My questions are (a) what are the actual chances of success given the lottery system process for sponsoring an employee for the H1B visa, and (b) are we limited in the # of applications?
- Eridrus 11y agoObviously not the OP, but the lottery is meant to be completely random, where the only thing that helps is being in the advanced degree bucket where you essentially get a chance in two lotteries. Last year the success rate for those without advanced degrees was something like 33%. I think you get one application per person, so you will hopefully get 1/3 of the visas you request, essentially 3Xing your costs.
- vickychijwani 11y agoThe cost wouldn't be 3X, as USCIS refunds the application fees entirely if you're not picked in the lottery. However the lawyer's fees are still a cost. Source: http://www.murthy.com/2015/06/25/uscis-returning-h1b-cap-petitions-not-selected-in-lottery/ http://www.murthy.com/2015/06/25/uscis-returning-h1b-cap-pet...
- franze 11y agoMeta question: Do the US immigration laws make sense?
- proberts 11y agoSome do and some don't, but this is a very long conversation and probably not possible at this time. At a minimum I feel that there should some type of entrepreneurial visa and there isn't, even though the E-2 can sometimes function like one.
- proberts 11y agoSome do and some don't but this is a very long conversation and probably not possible at this time although at a minimum I feel that there should some type of entrepreneurial visa and there isn't even though the E-2 can sometimes function like one.
- jensv 11y agoCan you recommend some immigration resources for self-service? I am a Canadian who is seeking better work opportunities State side, with a Bachelors in Computer Science and 3 years of experience. I wonder if flying down with the intent of networking and finding companies to meet is a good and realistic way of meeting employers and lining up interviews.
- adomanico 11y agoI would say start looking from Canada. I did that late 2013 and by January 2014 I was in California working at a startup with TN status.
- haydenlee 11y agoWhat's the current status of the OPT extension? I'm a co-founder of a startup that I started during my 12 months of OPT and its about time to apply for the extension, however I recently realized there'd been some changes to it. Should I apply now for the extension or do I have to wait until further policies are put in place?
- a-zA-Z0-9 11y agoHi Peter, I'm a Canadian and I had an H-1B several years ago. I used about 2.5 years of it and left US in summer 2011 before using up the full 3 years. Am I eligible to come back on H-1B without lottery by claiming the remainder time? I read something about this online saying that I can come back on H-1B before 6 years past the date I left US? Thanks!
- haydenlee 11y agoWhen working for your own company (a Delaware C-Corp) on OPT there is some language in the policy about having to be an employee, but that you can also work for yourself. Is being a founder enough to stay in status without technically paying yourself minimum wage and being on the payroll? And does this apply to the extension too?
- golergka 11y agoHow important a degree is for H1B? I think given amount of self-taught engineers in the profession, you have to answer this kind of question a lot
- leroy_masochist 11y agoSay for the sake of argument we're a seed-stage startup and we've identified an engineer with a very specific set of skills -- skills necessary for the growth of our company -- who would need an H1B to work here legally. All-in, about how much will it cost us to get that H1B visa processed through the system in a timely fashion?
- proberts 11y agoLegal fees aside, the filing fees are $1575 for a company with less than 25 FT employees and $2325 for a company with 25 or more FT employees. These are the fees for regular processing which can take months at present, so premium processing is required for quick decision and this costs an additional $1125.
- leroy_masochist 11y agoThank you! I know that mileage varies, but could you give a ballpark for what legal fees might be for a "plain vanilla" case? At the other end of the spectrum, what are the highest fees you've ever seen from one individual?
- winter_blue 11y agoOne good thing to remember is that USCIS refunds the entire $2,325 or $1,575 application fee, if you do not win the H-1B lottery. So applying for someone is fairly low risk, cost-wise. Attorney fees vary, but some will only charge part of their fee initially, and the rest is only payable if your engineer wins the H1B visa lottery and their visa petition is approved. I just googled, and one[1] attorney ("Zhang and Associates, P.C.") splits their effective $2400 fee in two: they charge $1200 for the application, and only charge another $1200 if the the person wins the lottery and their application is approved. Another[2] charges $895 for the application, and no more. With the Zhang & Associates, the total cost of just trying to get your engineer an H1B visa is $1200. If they win the lottery (odds: 1 out 3) and get approved, the total cost rises to $4,725. With premium processing, it's $5,950. Even though tempting, it might be better to avoid lower cost attorneys (e.g. that charge below $1000). A good highly knowledgeable (thus, more expensive) attorney is strongly preferable. Even the slightest error can jeopardize an application. In addition, USCIS issues various rules and notices from time to time, and it's good to have an attorney who's on top of all of that. [1] http://www.hooyou.com/h-1b/attorneyfee.html http://www.hooyou.com/h-1b/attorneyfee.html [2] http://www.usavisanow.com/h-1b-visa/h-1b-visa-attorney-services/ http://www.usavisanow.com/h-1b-visa/h-1b-visa-attorney-servi...
- erehweb 11y agoIs there a good source of information for Presidential candidates' proposed changes to immigration laws? If you were a betting man, what (if any) changes would you bet on post-election?
- SeoxyS 11y agoI would love an answer to this question! In this current election, it's unclear what candidates' positions are towards tech sector immigration.
- PameVls 11y agoDo you need a visa to attend a 3 month program like YC or Techstars?
- proberts 11y agoCitizens of certain countries do not require visas to come to the U.S. as tourists or business visitors for up to 90 days, and business visitor status can be an appropriate status to attend a training or non-degreed education/learning program.
- d--b 11y agoI currently hold a green card, but am temporarily abroad (2 times 6 months). How long can I stay abroad and retain the green card, if I periodically come back to the U.S.? And how frequently should I get back to the U.S. ?
- ameen 11y agoFrom when I was detained (those "random checks"), I overheard an official say that they need to be in the country for atleast once in 6 months, and the taxes need to be filed (this was for an old couple, not sure about their fate).
- d--b 11y agoThanks I've heard similar things.
- pkaye 11y agoHere is a link right from the source. Generally you should be in the US more than abroad (ie in US >6 months in a year.) If you plan to be out more than an year, you should get a re-entry permit. https://help.cbp.gov/app/answers/detail/a_id/820/~/can-a-u.s.-lawful-permanent-resident-leave-multiple-times-and-return https://help.cbp.gov/app/answers/detail/a_id/820/~/can-a-u.s...
- DHJSH 11y agoIs there really a "human trafficking" problem?
- ulobabacan 11y agoIn these days, how long does it take for a H1b holding engineer from a "rest of the world" country to get green card via EB2(or EB3 if faster) from the day the current company starts the progress? Also at what stage he/she can change the job?
- hpagey 11y agoH1b visa is completely independent from your GC application. Your employer has to apply for your green card. According to latest visa bulletin (Jan 2016) EB2-ROW is current and EB3-Row is 01 OCT15. It takes approx a 12-18 months to get your labor/i-140 to be approved.
- izzosismyfav 11y agoI'm graduating senior(F1 visa) in this December. I'm waiting for my OPT card. Can I work in between that? Once I get my OPT can I apply for H1B on year 2016 or will I have to complete H1B? What other legal things I need to be aware of?
- proberts 11y agoYou can't start working until you have your OPT work card in hand. There are circumstances where someone who hasn't yet graduated can be sponsored in the H-1B lottery, but this essentially requires the student to have completed all requirements for the degree by the time of filing (in April).
- sadok 11y agoHi Peter. There have been several times where YC companies wanted to hire me (designer) but couldn't because they can't sponsor work visas at the moment. How hard is it for a YC company to be able to sponsor visas? Have you had experience with this? And, as an applicant, is there something I could do to ease the process? Thank you.
- proberts 11y agoUnfortunately, it's hard to respond because the facts really matter - the facts about the company and you - but yes, we have handled work visas for YC companies and other startups. As a general rule - from a company requirements standpoint - it's easier to get an O-1 than an H-1B for employment with a startup.
- rbanffy 11y agoHow high, exactly, is the bar for an O-1?
- mindvirus 11y agoWhat are the typical visas for a Canadian who gets accepted into YC, and afterward/during raises seed funding and sets up shop in the USA?
- proberts 11y agoThere are several options depending on the ownership of the company and the amount and source of the funding but typically the post-YC options are the TN, the E-1 or E-2, and the O-1. The H-1B, because of the cap among other things, is the least utilized.
- throwaway1340 11y agoThanks for doing this AMA. I'm a Canadian who just got his TN visa (Systems Analyst) but in practice, my salary/responsibilities will be pretty similar to that of a Software Engineer. As far as the law is concerned, where is the line drawn between those two occupations?
- PureSin 11y agoIf you switch jobs you'll have to apply to a new TN visa at the border. Fellow Canadian that's been in the USA for the past 4 years.
- raitom 11y agoHello, Is it possible to apply directly for a green card through employment while being on J1-Intern visa? How long do you think it takes to receive it if approved knowing I'm French? Thanks
- jrm2k6 11y agoI think you need to get an H1B first to be at least eligible to the green card. J1 is a visa with no intent of immigration.
- rdc12 11y agoIs getting a visa to work at a U.S at startup something unique to the YC program? I am/was under the impression that the company had to be accredited to be able to employ foreign nationals. Is there any advise you can give for a current undergrad (for me personally citizen of NZ and UK if that matters) to improve the odds of being able to accept a job or PHD study in the US (on the visa side of things), both at application time and now til then (~2 years away).
- goodcall 11y agoIf a H1b holder participates in a Hackathon with cash prizes and wins. Can he claim the money?
- roadbeats 11y agoThe new startup I joined is filing a new H1B instead of transferring (because it took so long to transfer due to company's registration progress). Previously, I was filed H1B two times (2011 and 2014). Is third time possible ? Especially now, since visa regulations are getting strict for security reasons.
- henkel 11y agoAs a competent and above average software engineer from Morocco, not holding a university degree, what are my options for a work visa in the US, assuming I get a job in a company willing to put every possible effort into this?
- canadiancreed 11y agoI'm not a lawyer, but as someone that is in a similar boat degree wise, my experience has been that the chances are next to none, and have been told more then once in the last few years that any sort of related degree will help get over the hump that is immigration over just having experience. Source: Fellow non-university professional, looking for work in the US off and on since 2006, with no luck.
- arunbahl 11y agoAre there options for a foreign national to move from an E-2 visa (treaty investor) to permanent resident status? I've heard that it wasn't possible previously but now may be, making the E-2 a possible "startup visa" for many. And thank you for doing this!
- Eridrus 11y agoIs it possible to transition from an E-3 to a green card directly? I had a person at the US consulate remark on the fact that I was applying for a third E-3 visa with the comment "you can't keep doing this indefinitely", I didn't challenge him, but this by understanding was quite the opposite, that there was no limit on E-3 visas issues; can you provide any insight into this? If I obtain a green card by marriage, but then split up before the 2 year deadline, does that have negative repercussions on your ability to get employment-related visas? I've already been dating my girlfriend for 2 years and we've been living together for most of that, so it's something that comes up as a reason to get married, but I'm not sure if it's a good idea.
- kijeda 11y agoI received counsel that I needed to transfer from an E-3 to a H-1B before I could apply for a green card. That is what I did, and I now have a green card. I also found that E-3s are sufficiently rare, I got conflicting comments from border agents, consular officials etc. Most had never heard of it, or applied understanding they had from other similar visas. (Admittedly, I first obtained mine the first year that category was created.)
- Eridrus 11y agoYeah, I recieved similar counsel, but I didn't get through the H-1B lottery last year, so I'm wondering if there are other ways.
- semerda 11y agoI believe the answer is No. The E-3 Visa states you have an intention to return back to Australia. So you need to move to a Visa like H1B which opens the door to a GC.
- deleted 11y ago[deleted]
- SeoxyS 11y agoH1B, L1, O1, etc. are all non-immigrant visa. You must be able to show non-immigration intent. (Except for O-1 which allows dual-intent.) Edit: I may be wrong about this. IANAL.
- deleted 11y ago[deleted]
- ameen 11y agoCan O1 holders apply for a GC or do they need to move to an EB1 before applying for a GC?
- SeoxyS 11y agoThe EB-1 is a the immigration petition that gets you the green card. Getting approved for the EB-1 is how you get that green card. The green card is a two-step process: first, you apply for an I-140; this is the EB-1. Second, if approved, you can apply for an "adjustment of status," which is the green card. That one is mostly a bureaucratic process, but you're pretty much guaranteed to get it.
- shpx 11y agoCanadian, recent high school grad. What are faster ways to working and eventually living in the US than doing a degree then getting H1-B? F-1 and OPT then H1-B? O-1? Making some money in Canada then starting a company and E-2?
- klipt 11y agoCanadians can work on TN (treaty NAFTA) visa if your profession is on the list. http://canada.usembassy.gov/visas/doing-business-in-america/tn-visas-professionals-under-nafta.html http://canada.usembassy.gov/visas/doing-business-in-america/...
- cperciva 11y agoTN requires a degree, though. That said, I don't think there's any good route for a Canadian high school grad to immigrate to the US. So my advice to shpx would be to spend the four years to get a degree, and then go for TN.
- schwap 11y agoYou --can-- substitute applicable work experience for a degree. Edit: Nope you can't, I conflated TN and H1-B
- canadiancreed 11y agoAs someone that went down the experience route instead of degree, I'd strongly second this advice. Without it, you're effectively locked out of the US barring a radical loosing of their immigration laws.
- ameen 11y agoIsn't TN Visa also an option?
- swalberg 11y agohttp://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html http://canada.usembassy.gov/visas/doing-business-in-america/... shows most categories require a degree.
- lfittl 11y agoWhat are your experiences with going from a successfully issued O-1 visa to an EB-1A? Any lessons learned / things one should watch out for? (specifically around required evidence or RFEs that you got issued) Thanks for your time! :)
- ancarda 11y agoI live in the United Kingdom but I've always wanted to move to America. I don't know much about the process as I find it very hard to go through the volume of information online. Do I need to apply for a visa, then find a company in the U.S. to hire me? Is there a good website for finding green card jobs? I'd be grateful for a pointer on doing this or even just an FAQ as a starting point.
- deleted 11y ago[deleted]
- proberts 11y agoAs a general matter, nonimmigrant visa eligibility requires a job offer so you can't apply for a work visa until you have a job offer. The exception is in the green card context where self-petitions without job offers are allowed, but the standard for a self-petition green card is high.
- UnoriginalGuy 11y agoHave you looked into US companies that have UK branches? You get hired by the UK branch, and then ask for a transfer to the US. London's banking/insurance/etc industry might be a good place to start looking at that. Getting transfers to New York City is common as heck.
- winter_blue 11y agoIn the US, generally, the company applies for your visa. So you need to get a job offer first from a company that loves you so much that they'll apply for a visa for you, and wait the typical 6 months it takes for the visa to get processed. The best US work visa right now is the H1B. It lets you change jobs to any company (in your field), provided that company is willing to do a small amount of work to "transfer" the H1B visa. There's another visa called the L1 visa for intra-company trasnfer, but it sucks. It locks you down to the company. You can't change jobs, and you get kicked out if you ever get let go from that company. You've asked your question at a good time. Every year, companies apply for the H1B visa on April 1. There is a limit of 85,000 visas per year, and if the gov receives more than 85,000 H1B applications on April 1, they perform a computer randomized lottery and randomly select 85,000. If you want to move to the US, this is the time. As a UK citizen, you can visit the US without a visa, and stay for up to 3 months. Ideally, fly in on Jan 1, and stay for the full 3 months. You could sublet an apartment for 3 months on craigslist. Then apply, apply, apply. While traveling on ESTA, do not say you're going to apply for jobs. It is a legal grey area, and the interpretation of the law varies on whether looking for H1B employment is considered "immigrant intent" (as the H1B is a temporary 6-year non-immigrant visa). What this means is that there is the possibility that you could get denied entry at the U.S. airport you arrived in under Immigration and Nationality Act Section 214(b) for having "immigrant intent", get sent back, and receive a 5-year ban. If you are a good software developer, you should have no problem finding a company willing to apply for you. Once a company says they'll apply for you, you just need to go back to the UK and wait for the results of the lottery. You'll know if you won the lottery by June/July. Last year, they got 233,000 application, and they chose 85,000 out of that randomly. You could say your odds of winning are 1 in 3. There might be even more applications this year. If you don't win the lottery, there's two options: 1) Re-attempt this whole process, and try the lottery every year. You'd have to move to the US for at least a month or two, ideally in January, February or March. 2) You could get a job at a US company in the UK, and ask for a transfer to the US. If it works out, you'll be in the US on a L-1 visa. This visa doesn't allow you to change jobs, and requires you to leave the country if you ever leave the company. But if your job is with a large stable company, that shouldn't be too much to worry about. Now there's two routes you can go down from here: 2a) Ask your company (i.e. the sponsor of your L-1 transfer visa) to apply for an employment-based green card. The green card process can last anywhere from 1 year to 6 or 7 years (or more), depending on what category you were put in, and what country you were born in. You are, again, locked to your company during this period. 2b) You can looks for jobs in January-February-March period while you're in the US on the L-1 visa. The company will have to apply for an H1B visa for you. If you win the lottery, they switch you over from your old L1 to your new H1B. Once you're approved for the H1B, you can switch to other jobs fairly freely. (There's still paperwork to change jobs on the H1B, but 70% of tech companies in the US are willing to do it.)
- shpx 11y agoI will need a J-1 visa this summer, but I applied for the diversity visa this year. Could my J-1 be rejected for having an intent to immigrate?
- judge 11y agoCan you complete an H-1B transfer (moving from one job to another) while outside the US (traveling for 2 weeks), so that upon your return you can join the next employer? Or do you have to physically be in the US while the request by the new employer is filed and accepted?
- ameen 11y agoIs it possible to start a company on a B1/B2 Visa? This would an extension of my startup in India. Is any investment required? We're bootstrapped and yet to launch our product.
- erispoe 11y agoCould the administration decide to lower the bar for some visas, like O-1, without the need for congress to approve it? For instance, could the administration decide that anyone with a PhD, or even a master's degree, is eligible for a O-1 visa? If that's the case, why is the focus some much on statutory reform and not on the administration which could get results much more quickly?
- proberts 11y agoNo, the requirements are statutory. That being said, the weight that factors such as education are given is in the end subjective and discretionary, and the agency could take the position that certain factors, such as a PhD, should be given substantial weight.
- ojbyrne 11y agoI'm curious about gambling while on a work visa. It seems obvious that spending your vacation in Vegas is acceptable, but what if I think I'm good enough to become a professional poker player and decide to pursue that part-time while working full-time. At what point (if at all) does it become an immigration issue?
- laxinger 11y agoHi Peter. I'm currently preparing for O1 visa. I'm on B1/B2 visa now and planning to extend 2 months so I can stay total 8months while I prepare for O1 visa. My question is if I ever get denied for extending B1/B2, can I have any disadvantages when I apply for O1 visa? I met a person who told me this but I'm not sure whether this is true.
- diogenescynic 11y agoIf you're here working on a B1/B2 visa, you're already breaking the law.
- baristaGeek 11y ago1) Is winning an ACM-ICPC national/regional contest enough to be considered a top programmer and be able to apply for an O-1? 2) If my B1/B2 visa allows me to stay in the US for 6 consecutive months; can I do programming, sales, fundraising, etc. for my Delaware C Corp in the US?
- deleted 11y ago[deleted]
- mtrpcic 11y agoI'm currently on an H-1B in California working at a startup. In my spare time, I work on side projects that might provide value to somebody somewhere, but have an operating cost that I would have to cover if I wanted to offer the project as a free service. I'd like to be able to charge for this (or at least provide the option of a "Premium" plan) to supplant the money that I will lose in hosting the platform. I am NOT trying to make this a high revenue generator, and I am NOT trying to supplant my personal income. I'm more than happy to have an LLC or corporation (with a bank account), and all revenue stays within that ecosystem to cover costs. Is this possible? 1. Can I set up a company with zero employees? Since I am on an H-1B, I am not allowed to work for this new company that I would create to house the service. 2. Is there any legal implications for me of doing this? Most of what I have read claim that any additional work is illegal, but I am not trying to get paid. I am just trying to make the service self sufficient so it's not a cost to me. I will not take a paycheck or salary, and will not remove revenue from the account of the Corp/LLC. 3. What other avenues would you recommend for doing something like this? I've heard from many other engineers in the field that they have similar ideas. They want to create things to benefit others, but are not willing to do so if it is a literal cost to them.
- beachstartup 11y agoi'm deleting this comment because it was a bunch of practical (as in non-legal advice) info about running an LLC that could potentially get someone in trouble if taken as advice.
- angelbob 11y agoIn California, an employer specifically does not own your side work assuming you don't use any of their physical assets, protected know-how or paid-for time. In other words, if it's genuinely side work. There's a specific statute to that effect, and they're required to inform you of same. (I'm not a lawyer either, but I've worked in CA for a long time.)
- dragonwriter 11y ago
- michwill 11y agoHi Peter! I am a citizen of Australia and I am going to switch on ZeroDB [http://www.zerodb.io/ http://www.zerodb.io/] fulltime pretty much now. For that, I have to leave my employer with whom I have an E3 visa (and I have a wife on E3D). Also I need to travel right after that. Would there be any problem for us to enter back under Visa Waiver? Should we just fill an ESTA form online and have back out-of-US tickets on hand when we enter back? Any possible caveats here? Another thing - my employer could technically terminate my employment very close to our date of re-entry (due to some corporate stuff). Would it cause problems in getting ESTA (when you are still technically on E3 visa but in a couple of days you're not)? Thank you!
- proberts 11y agoIf you enter under ESTA, you won't be able to work for the company and you will need to leave and reenter again in E-3 status to work for the company. And yes, if you recently have been in E-3 status and then seek to reenter under ESTA, you could have problems because CBP could conclude that you are coming to stay and/or work.
- michwill 11y agoOk, actually the situation is following. We have some pilots with banks emerging in London where we need to work closely with them. I actually will go there and my wife will go to the US under visa waiver. Seems like employment is going to be terminated at December 16, re-entry time - January 3. Would there be any problems with this?
- kur158 11y agoHi Peter, I want to know how can a founder and a co-founder who are on F-1 and F-2 Visa respectively start a company. What are the requirements for the company to sponsor their own Visas at a later date if and when required? Do investors have a bias against investing in such companies. Regards, Kris kur158@psu.edu +1(814)321-7651
- throwaway_nj 11y agoCan you share some advice on how to build a prototype / proof of concept while working as an employee? I have read this is not an issue in places like California as long as you do not use company resources. But what about states like New York?
- tinbad 11y agoNot a question but wanted to point out the L1 visa that is often overlooked by foreign startup founders. It allows for founders/workers of foreign companies to be transferred to a US subsidiary that is majority owned by the foreign entity. I found it a fairly simple and straightforward process that got me from nothing to L1 to Green Card in about 13 months (although with help of immigration lawyer of course). The main requirements are having worked for at least 12 months for the foreign entity before transferring and the person must be in a managerial/executive position. Also the foreign entity must own the majority of the US subsidiary.
- proberts 11y agoFair statement but USCIS can be really tough on new/small company L-1s so these need to be done right and supported by extensive documentation of the U.S. and foreign companies' operations.
- TheOtherHobbes 11y agoDoes this mean you could: 1. Open a UK small business with yourself as the director and sole employee. 2. Set up a pass-through corp in the US for remote work. 3. Wait a while to establish the pass-through, then send yourself a job offer from the pass-through to the UK. 4. Get a visa as an employee of the pass-through - which you also own and control? Or will the UCSIS laugh at that?
- sparkzilla 11y agoYou don't need to do it that way. I followed this pattern. 1. Set up the UK company. It has to have been running for a certain time, and you have to be an employee of it for at least a year. The business has to be actually trading and real, have an office and financial results. 2. Apply for an L-1A, saying you will transfer yourself to the U.S. to start a new business. You then have a year to set up the new company and get it operational. You will need to invest at least $100,000 in the business. It took me less than a month to get the visa. 3. Renew the L1 for up to seven years. Before then, if your company grows you can change to a green card. If, like me, your company fails, you'll have to head back home :-( 4. It may be easier just to go for an E2 visa, where you invest $150,000 in a business. There's no path to a green card though. http://www.immihelp.com/l1-visa/opening-new-office.html http://www.immihelp.com/l1-visa/opening-new-office.html
- fawaz 11y agoCanadian starting a startup in the US: I haven't launched my startup yet, and I reside in Canada. I've never been employed in the US. I'd like my startup's HQ to be based in the US. What's the best way for a Canadian to set up base and launch in the US?
- RohrerCarlos 11y agoThanks for you time. I'm a chilean entrepreneur developing a startup here in SF. I'm one of the founders and we have already incorporated as an LLC. 1-What's the easiest path for me to get a visa that will allow me to work and receive a salary here in the US? 2-Can I do that through the company we just established? I'm fully dedicated and focused on our company and growing as fast as we can and I need to come to a solution to my visa so I can continue working here with no problems. Much appreciate your help Peter.
- proberts 11y agoYou probably have several options but these will depend on the ownership of the company, the amount and source of funding if any, and your background. The options that come to mind are the H-1B1, the E-1 and E-2, and the O-1.
- RohrerCarlos 11y agoThanks Peter. I own 30% of the company and we have bootstrapped the company. We haven't used more than $3,000 on it. My background: I'm an trilingual Industrial Engineer graduated from Chile with more than 11 years of experience. Does this information helps to have a more clear focus on what's the best solution for my case? Thank you very much Peter.
- kylnew 11y agoIn your experience, how necessary is it for Canadians and Mexicans applying for a TN Visa, to be accepted for Software Engineer or Computer Systems Analyst jobs without a degree in computer science or engineering? For example, I have a B.Comm degree. I've heard it's a bit hit and miss and if you don't have a good lawyer working on your side getting through might be tough. I'm not sure if it's a different story for H1B Visas though.
- ylansegal 11y agoIANAL, but I can say that I obtained a TN Visa, and renewed it twice, for a Software Engineer job without a degree in Computer Science. I do have a BS and a MS in Civil and Aerospace Eng. respectively.
- jfim 11y agoThe TN status has an allowance for "engineers" without other qualifications, so your engineering degree actually is related to that class.
- proberts 11y agoMexicans must apply for TN visas and Canadians have the option of filing TN petitions with USCIS. As a general rule both the Consulates in Mexico and USCIS are very reasonable when it comes to TN applications, so the short is yes, it definitely can work but yes (not to sound too self-serving), I would recommend using a lawyer under these circumstances.
- canadiancreed 11y agoI'm not a lawyer, but as a Canadian that does not have a degree in Comp Sci and has been looking for work in the United States since 2006, I'd like to share my experience. In a nutshell, I've been told time and again that having a degree will help, although how much one that isn't related to your discipline may not be worth much more then the paper it's printed on. To give my experience, I've been told by multiple companies within the last year that it's basically no Comp Sci (or equivalent two year college course), no chance. Your degree in an unrelated field might help a bit, but I wouldn't put much weight in it when it comes to immigration VISA time.
- tosinaf 11y agoHow does the J1 to H1B visa work?
- deleted 11y ago[deleted]
- rorykoehler 11y agoIn your personal opinion how far away are we from your job becoming obsolete?
- alinspired 11y agoWhat happens with L1 visas of a company that is acquired by another US company? and related: How long until you have to leave US if the L1 issuing entity is acquired (and disappears as an entity)?
- infocollector 11y agoI am currently on F1 (Alien from India, getting my PhD in early 2016, Computer Science) and am planning to apply for either the EB-1 or NIW. I have one publication (and multiple submitted), and my work has mostly gone in supporting Department of Defense. Do you recommend EB-1 or NIW route, or perhaps something else? I do have strong letter writers both in the DoD and Academia/Industry.
- proberts 11y agoAs a general rule, if there is a clear national interest being served, an NIW green card is a much easier route, although EB-2 so the process is very slow for Indian nationals. Without seeing your CV it's hard to say but the EB1A is the only avenue for getting a green card now.
- OSButler 11y agoThere was a post here a while ago about s.o. coming to the US on a tourist visa asking to do volunteer work in return for a place to stay. I'm just curious if you've ever dealt with similar cases, where people came into the country with the wrong visa, found a place to live/work, but then had to get their papers sorted out to be able to stay? Were they actually able to stay or did they have to go back and apply from outside the country (US) again? And more of a personal anecdote than a question, but during my own immigration process I've noticed that there appear to be mostly people who are either extremely over-prepared (have all the documents filled out in advance with additional papers/proofs/documents for every single step), or they are not prepared at all. My fondest memory was a man walking into the embassy asking to immigrate right now. No papers, documents, nothing. Just walked in, went to the clerk's window and asked to immigrate today. Even the clerk was a bit dumbfounded by the demand.
- mydpy 11y agoAs US citizens, how can we help our international friends trying to get H1-B support? It is really hard to watch friends get denied, and I really wish policy makers would admit more very talented people from highly competitive countries. One of my good friends from China is gay and if he goes back home, he could actually be in danger. I feel helpless and I want to do more.
- ambrood 11y agoIt is entirely upto Congress to pass a sensible legislation, which they've been refusing to for a better part of last 8 years.
- titomc 11y agoH1B was for skilled workers. Note that I used "was". Some of the ways to help H1B system. 1. Stop TCS,Infosys,Wipro & Cognizant bringing in unskilled workers for low salary. They bombard the system every year and eligible skilled workers should depend on their luck rather than their skills to get H1B. Solution : Increase the minimum level wages requirements 2x times. 2. There are lot of Indian bodyshops in US,which will apply visa & initiate greencard,so that they can hold a lock on the workers for a very long time. Solution: Make the H1B visa transfer flexible. Job portability should be made easy.So that body shops or employers cannot abuse H1B workers. 3. Conduct a very high level technical interview for the candidates which the consultant companies present. Many consulting companies bring unskilled workers with fake resume. So triple checking the background & skills will put a stop to H1B abuse and skilled candidates will get visas.
- thaumasiotes 11y ago> One of my good friends from China is gay and if he goes back home, he could actually be in danger. Where's he from? There's no taboo against being gay in China in general. What is the source of this danger?
- patrickddaniel 11y agoLet's say you're working toward getting an O-1A, and you fulfill the three categories out of eight, how broad can you make the scope of work that you can do? (since the category includes sciences, education, business, or athletics) For example, if you are not set on one career, and have pursued 3-4, and you get the O1 for one career (where you can show extraordinary proof), can you still do work in other areas? In other words, how broad can you define the O1 so that you could do almost any type of work as you could do with a greencard.
- patrickddaniel 11y agoCan you get a J-1 visa even if you have already had 2 OPTs and studied for undergrad and grad in US?
- CAThrowAway 11y agoHi Peter, Thanks for taking two full hours to do this - I've learned a lot. I am a US/Canadian dual citizen, my cofounder is Canadian. We're currently running our business as a Canadian corporation, but would like to set up shop in San Francisco full time over the next year or two, preferably incorporating in Delaware. My cofounder has a BSc and has done some impressive things in her career, but the O-1 looks difficult from the outside. We're in a position to raise ~1M of funding from US investors over the next 6m - would that make her eligible for an E-2? The L-1 looks like a reasonable fallback if we can get nothing else setup over the next year, but we've been told not reincorporating as a Delaware corp will make fundraising more difficult. Is there an obvious standout option here? Are there any that I'm missing? Thanks!
- proberts 11y agoWithout knowing more, it appears that the O-1 and the TN might be very good options.
- CAThrowAway 11y agoDoes the TN visa limit the holder from participating as an owner of the company where the holder is employed?
- coenhyde 11y agoI'm not a lawyer, but have gone through the E2 visa process. A few things: - The money brought into the US must(?) be your own personal money that you invest into the company, ie no debt or investments from other people into the corporation. - Your co-founder will have to own 51% or more of the company - The money invested should be roughly half spent before applying for the visa.
- h1b_transfer 11y agoThanks for doing this! I have a question regarding time off between jobs while on an H1B. I've been working at a startup for 2 years that sponsored my H1B. I've just accepted an offer at a big tech company, and they are transferring the H1B in the coming weeks. In the meantime, is it OK if I take 2-4 weeks off in between the two jobs without pay?
- edko 11y agoI had an H1B visa granted to me in 1998, but have never used it. Would that have any influence, either positive or negative, on me getting a new H1B?
- msvan 11y agoI'm told that it's easier for musicians/artists to get O-1 visas than for software engineers. Are software engineers disadvantaged from getting the O-1, simply because the visa wasn't designed for software talent?
- keyblock5 11y agoHi Peter, thanks for your time. I have job offer to work in US, reliant on immigration. I haven't completed my bachelor's degree, and my final exams are after the April 1st 2016 deadline. I do not have more than a year of professional experience. UK citizen. Am I right that an H1B won't be applicable? Would any other visa types fit (Other than work abroad, then L1)?
- gobr 11y agoWhat are the most common difficulties for immigrants? Any Brazilian examples?
- hamhamed 11y agoHi Peter, thanks for doing this. I've been applying to YC for the past 4 years and never gotten an interview, I'm starting to suspect it's because of my background (hence they never reply to you with the reason of rejection). I'm born in Canada, meaning I'm Canadian, but I never managed to finish my college CompSci Degree so I'm not eligible for a TN-1 visa. However I do have around 6 years of professional web dev experience, founded a couple of startups, raised money and exited. I am 23 now. Any tips? This might also help, but I did not finish my degree because I was kicked out of college: https://news.ycombinator.com/item?id=5090007 https://news.ycombinator.com/item?id=5090007
- proberts 11y agoOf course. You might still qualify for a TN without a degree under non-engineering occupations. I'd need to know more about your education and work experience, however.
- throwaway1340 11y agoFWIW, I'm also a Canadian who didn't complete his bachelor and managed to get a TN visa (Systems Analyst).
- anindyabd 11y agoThe 17-month OPT extension has recently been terminated by a court. What are the chances that a new rule will be implemented regarding the OPT extension?
- proberts 11y agoMy understanding is that it is very likely that the OPT STEM extension will be reinstated.
- danieltillett 11y agoPeter a basic question about the L1 visa. If you are the owner and manager of an established foreign business can you apply for an L1 to establish the USA branch? Does the USA branch need to be established for some length of time? Does being the owner of the foreign business cause problems?
- crorella 11y agoHi, right now I'm processing my perm, in particular, the PERM application was sent to the DOL last September. I would like to know if there is any problem if I change jobs now. Will this cause delays in the process? Thank you
- bobfunk 11y agoHi Peter, I have a question about E2 VISA's and what to do when you raise enough funding that you loose majority ownership? The situation is company with 2 founders on E2 VISAs with majority ownership of a company, who'll most likely not be able to keep majority ownership after a series A. Is there a good way to prepare for this and a good alternative strategy to not end up with a series A funded company where the founders can't stay in the country? And do the E2's stop being valid once the founders loose majority ownership, or is it just impossible to renew them?
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- manuelgodoy 11y agoI have 5 years of experience and a BS and MS degree in Electrical Engineering from a top school in the US. How easy is for me to get an EB2 visa if a company is willing to do the process?
- nathanvanfleet 11y agoHow does the process work. If I (a Canadian) get a job in the US, what is the timeline for me to be onsite working? What kind of help settling (finding a place to live etc) is there?
- jfim 11y agoAssuming you qualify for TN status, it's pretty quick (matter of weeks); you need to get the appropriate paperwork in then show up at the border and say you're applying for TN status. The immigration lawyers for the company that's hiring you will explain this in more detail. As for relocating, that's up to your employer, but many employers offer help with relocation (eg. temporary housing, relocation stipend).
- nathanvanfleet 11y agoIf I come over from Canada and work somewhere, is it easy to change my job to another company if things don't work out? Do I have to leave and come back? Is there a deadline in finding a new job?
- woud420 11y agoIANAL but having been in that situation, I think I can answer. I'm assuming you would be under a TN status. It depends partly on the timeline. Finding a new job is relatively easy (depending on your experience and the market) and you can file for an I129 (Change of Status I think) to get a new TN status or change of employer but the main thing to remember is to file this prior to you receiving your last pay check. It will also require for you to show your last two pay stubs with your demand to show that you've actually worked at your first place of employment but it's relatively simple. However, going back to the border is much quicker and you get a decision on the spot compared to filing the I129 which takes 15 days and costs ~1500$ (compared to a new status application at the border, 50$). If the new job doesn't work out (layoff/fired/quit/etc..) you are supposed to leave on your last day of work. There's no "grace period". If you want to stay you need to apply for a change of status to a B-2 in order to wrap up US affairs which will give you up to 6 months. Let's say you find a new job within a month, I doubt you will actually have issues but you do need to leave the country and come back.
- nathanvanfleet 11y ago"you are supposed to leave on your last day of work" Holy crap. Thanks for the info.
- nathanvanfleet 11y agoSo is this a scenario where you can hope to actually settle in the US? Because it sounds incredible unstable and temporary.
- throwawayforlaw 11y agoHi Peter! Thanks for doing this AMA. I had a question about H1Bs. My F1 OPT expired Feb 2015 and I had a grace period of 180 days to apply for STEM extension. But in the meanwhile (April 2015), I heard that my H1B got picked in the lottery. So I googled it and read someplace that I wouldn't have to worry about the OPT STEM extension anymore, so I didn't go forward with my STEM extension application. Is this something I have to be worried about going into my visa interview in my home country?
- geoka9 11y agoWould you recommend a Canadian wishing to work (remote, from Canada) for a US employer to get a TN visa. The work may require short (2-3 days) onsite visits several times a year.
- diogenescynic 11y agoHow do you feel about companies and law firms gaming job postings to disqualify qualified workers in the US so they can hire a candidate on a visa for much less? Employers are posting jobs that don’t really exist, seeking candidates they don’t want, and paying for bogus non-ads to show there’s an IT labor shortage in America. Here is the law firm Cohen & Grigsby advising other employers in running classified ads with the goal of NOT finding any qualified applicants, and the steps they go through to disqualify even the most qualified Americans in order to secure green cards for H-1b workers: https://www.youtube.com/watch?v=TCbFEgFajGU https://www.youtube.com/watch?v=TCbFEgFajGU Do you consider this abuse or fraudulent? Also, how much of your firm's work is done by paralegals using templates and boiler plate support letters?
- dang 11y agoI'm sure Peter would have interesting things to say about these issues (though he has left the thread at this point), but I doubt that it would be a good use of his time to delve into political controversies when so many founders and employees have specific questions in this thread. Also, a matter of community etiquette: we don't invite people here to be cross-examined, which is what your questions sound like.
- kemitchell 11y agoAs a fellow (non-immigration) attorney, I'd just like to stress how remarkable and generous is Peter's willingness to do this via HN, even with the very obvious disclaimer. It speaks volumes about his confidence in his expertise and communication, as well as a genuine desire to spread good information around to those who need it. Neither the dated, often fuzzy rules about practicing law nor lawyers' developed risk consciousness encourages this kind of "innovative" altruism. Instead, they create anxiety that keeps many community-minded attorneys from doing anything like this. Bravo, Peter. Inspiring.
- jdoliner 11y agoWould you mind explaining a bit more about why the status quo discourages this type of behavior and what most lawyers perceive as the risks? I'm not really familiar with how it works and I'd imagine there's others on HN who aren't as well.
- teachingaway 11y agoI think it's 'malpractice' risk. Like, if a lawyer give bad legal advice on a forum, and someone reads it and follows it and then loses a ton of money because of it, and then the reader sues the lawyer for malpractice. The plaintiff would never win the case. But lawyers like to avoid being the target of malpractice claims, even if they're super-weak / spurious / whatever. I think that is the situation. As a lawyer, I personally don't mind writing about the law or answering general questions on the internet. I wouldn't answer someone's specific questions about their personal legal situation though (without an engagement letter).
- logicallee 11y agoright - the status quo would be for Peter to respond to every comment that about the commenter with, "Talk to a lawyer."
- endurancerobot 11y agoEnduranceRobots.com is looking for enthusiasts and hobbiests in robotics and laser industry. We are looking for tech smart people who would like to help us to improve our products and positioning on the markets. We are still very early startup and can not pay big salaries but we can pay some. Please have a look our web site: endurancerobots.com youtube channels: http://www.youtube.com/channel/UCzziBor2UytyKZ2RCPjXvCA http://www.youtube.com/channel/UCzziBor2UytyKZ2RCPjXvCA http://www.youtube.com/channel/UCLVtLSTxwLPs74x1cUoAHzA http://www.youtube.com/channel/UCLVtLSTxwLPs74x1cUoAHzA and our facebook: https://www.facebook.com/Endurance-1399951053640252/ https://www.facebook.com/Endurance-1399951053640252/ We are very open to all critics: email us your ideas to: gf@endurancerobots.com or skype my: george.fomitchev
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- PureSin 11y agoHi Peter, My wife and I are Canadians working in California on TN visas. I'm at a small startup that doesn't sponsor H1-B but I might start my own business in the future. Should I look switching to a larger company in order to get H1-B so I have the freedom start my company? Thanks for doing this AMA.
- throwaway-apg 11y agoHi, Can you describe in practical terms how the requirements between an O1 and an EB1 differ? If I got my O1 recently, can I reuse the reference letters directly? Thanks
- gozo 11y agoUhm. I don't want to sound ungrateful, but I was slightly disappointed by the result of this. They might want to change the format in the future to promote fewer longer answers. "You might try X Y Z visa" doesn't really use his expertise very much. We also didn't really get an answer to the most obvious questions like if you can actually attend YC legally or if a temporary worker in the US can also run a company. Still a good thing of course, but a bit more structure would go a long way.
- dang 11y agoGiven the whirlwind of questions that came up, Peter wanted to help as many HNers as possible within the time available. Brief replies were the only option. We've already heard back from Peter that the biggest problem was not being able to go deeper, and are going to explore options for how to do that. The takeaways from today are (a) there's clear demand in the community and (b) he would like to do more. That's an exciting combo, so we'll figure something out. p.s. Please don't hijack the top comment in a thread by replying to it with something unrelated. (We detached this subthread from https://news.ycombinator.com/item?id=10720155. https://news.ycombinator.com/item?id=10720155.)
- gozo 11y agoMy intention was not to "hijack" the top comment, but to post where it was relevant i.e. the thread talking about the event rather than among the questions themselves. I don't think pointing out room for improvement is irrelevant. I didn't expect my questions to be answered, especially since he had already left the thread, but used them as an example how the outcome wasn't optimal. Edit: I, as you, removed a bunch of my comment. Not sure why I should bother.
- _fabio 11y agoHi Peter, thank you so much for doing this! I'm a student on F-1 visa. Am I allowed to form an LLC and sell products / offer services, while revenue from said products or services will be kept in the company bank account, without me pulling a salary? Thank you!
- chill_bro 11y agoIs it possible to own stock in a start-up and work on it without getting paid while on an F1 visa? Thanks!
- susiemielekim 11y agoCurrently under OPT visa co-founding a startup. How would a resident visa from my home country work?
- susiemielekim 11y agoI'm currently under OPT visa until next August. How would getting a resident visa work after incorporating the company in my home country work? (the company has already been incorporated in United States under the other co-founder). Thank you!
- treasuresque 11y agoDO NOT WORK WITH HIM. Can't believe he made it to HN!! He somehow became a thing but I can't stress out enough how much money he had cost me while providing either no service -even declined to work on my first case- or really shitty service, where i ended up writing all docs myself. He does not think out of the box at all or provides any value bigger than digging into Google. He didn't have any plan B or even replied to my emails asking what we should try next after we had lost. The only thing he ever did for me was sending the invoice. Everything else was taken care of by his assistant, sending information and documents i had drafted to the government, trying things that i had researched myself. Please feel free to reach out to me for a curated list of good immigration lawyers. I would have taken my return flight back to Germany more than a year ago if i listened to his advice, which has been "i don't see any options here" when there WAS an option for another year.
- kumarski 11y agoEveryone should read this comment above^^ EVERYONE.
- sgrove 11y agoThe parent comment, or the one stating that this is the parent's first post and asking for more details on the OP's credibility?
- kumarski 11y agoI know her, messaged her, and asked her to respond.
- dang 11y agoBetween your comments and others in this subthread, this is beginning to look uncomfortably like an organized campaign. That is not a legit use of the thread. Obviously there's no direct way for anyone who doesn't know the facts of an anonymous story to respond to it. It would be difficult even for Peter to respond specifically; confidentiality issues don't just disappear when someone posts a comment. But it doesn't feel right to leave this unanswered, either, so let me add my own simple anecdote: working with Peter, who helped me get a visa, was hands-down the best experience I've ever had with a lawyer. And you can see the similar things that other HN users had to say when we announced the AMA: https://news.ycombinator.com/item?id=10699898 https://news.ycombinator.com/item?id=10699898. There's a reason why YC uses Peter to help every international startup they fund. If he didn't deliver the goods, that wouldn't happen. I don't mean that to denigrate your friend's experience—it's impossible to evaluate.
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- cpenarrieta 11y agoI am from Peru and I have a software engineer degree, I'm currently taking a Dev Bootcamp in San Francisco and will look a job here after that. I am currently with my Tourist visa. What are my real chances to get a H1B visa?
- morriswong 11y agoHow does a startup know if what they are doing is breaking the law or not? Usually ideas are cool until they realized that there might be legal issues that aren't intuitive enough or straight forward to those who does not have a law background.
- anarazel 11y agoI think it'd be awesome if somebody with actual clue, and without the primary intent of getting new clients, would start collecting information about the US visa situation at some permanent location. Looking for information about US Visas on your own right now is made very hard by all the immigration lawyer's homepages. Those mostly seem to contain copied and low quality content. Often with conflicting or outdated information. Given the obvious desire, by US companies, of hiring non-residents, it seems that there'd be a rather big collective interest in providing quality information.
- amydav27 11y agobest wishes to you also,incase you need a HACK contact WAlTSTEPH82@GMAIL.COM he his an incredible hacker
- mohamm 11y agohttp://www.facebook.com/mohammad123 http://www.facebook.com/mohammad123
- endurancerobot 11y agoEnduranceRobots.com is looking for enthusiasts and hobbiests in robotics and laser industry. We are looking for tech smart people who would like to help us to improve our products and positioning on the markets. We are still very early startup and can not pay big salaries but we can pay some. Please have a look our web site: endurancerobots.com youtube channels: http://www.youtube.com/channel/UCzziBor2UytyKZ2RCPjXvCA http://www.youtube.com/channel/UCzziBor2UytyKZ2RCPjXvCA http://www.youtube.com/channel/UCLVtLSTxwLPs74x1cUoAHzA http://www.youtube.com/channel/UCLVtLSTxwLPs74x1cUoAHzA and our facebook: https://www.facebook.com/Endurance-1399951053640252/ https://www.facebook.com/Endurance-1399951053640252/ We are very open to all critics: email us your ideas to: gf@endurancerobots.com or skype my: george.fomitchev