proberts

24 ms·

511.
by proberts 2y ago
That's really not true. There was some slight truth to this (but really just slight) years ago before the AC21 legislation, which allows those in the green card process to change employers without having to restart their green card pr
512.
by proberts 2y ago
It's challenging but not impossible. A key is having less than 50% ownership interest in the company and an employment agreement with the company. It's close to impossible where the ownership is vested and at or above 50%. Agai
513.
by proberts 2y ago
Sorry, there's a dropped phrase in my title. It should read "I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA." Thanks.
514.
by proberts 2y ago
If the individual is employed by a related entity abroad, then large companies would transfer him or her to the U.S. using the blanket L visa, a super fast and easy process. If the individual is not employed by a related entity abroad, the
515.
by proberts 2y ago
Thanks! I need to shut down that website. I merged my firm with another.
516.
by proberts 2y ago
I know. That's embarrassing. I've never done that before. Thanks for pointing out!
517.
by proberts 2y ago
From an immigration standpoint, there are no issues with U.S. companies employing foreign nationals who are working remotely OUTSIDE the U.S.; U.S. immigration doesn't come into play unless and until the individual will be working IN t
518.
by proberts 2y ago
From an immigration standpoint? Only that the immigration options and issues should be fully vetted and understood as early as possible. While there are some minor differences, from an immigration standpoint, there's little differenc
519.
by proberts 2y ago
Again, this is outside my scope. That question should be directed to YC directly.
520.
by proberts 2y ago
Good catch! Thank you. Immigration lawyer should have been included.
521.
by proberts 2y ago
That's outside my area but the key is to engage with corporate/IP counsel at the outset, ideally before the company has been incorporate. One non-immigration issue that comes up all the time is incorporating before the founder ha
522.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
245 points by proberts 2y ago|385 comments
523.
by proberts 3y ago
Good evening. I'm signing off now. I tried to get through most of the questions but I know that I haven't answered them all and for that, I am very sorry. Please feel free to email me directly (email in profile) if you have any qu
524.
by proberts 3y ago
Yes, a TN would allow for this.
525.
by proberts 3y ago
That's right, selecting consular notification rather than change of status on the I-129 form can defer for a long while the start of H-1B status.
526.
by proberts 3y ago
What would this person be doing for your company?
527.
by proberts 3y ago
The combined education and experience needs to be the equivalent of a 4-year U.S. bachelor's degree and 3 years of professional experience count as 1 year of bachelor's degree education so 2 years of university education would req
528.
by proberts 3y ago
U.S. immigration law is unusual in that time in the U.S. doesn't confer any benefits from an immigration perspective; the green card paths depend on qualifications and achievements and have nothing to do with time in the U.S.
529.
by proberts 3y ago
I can't comment on the mechanics but from an immigration standpoint, remote employment for a U.S. company is fine (whether as an employee or contractor) and doesn't require work authorization.
530.
by proberts 3y ago
A good question but not really an immigration one and not one that I can answer.
531.
by proberts 3y ago
The faster and better path to an E-3 is simply to leave and apply for an E-3 visa at a U.S. Consulate and likely, the Consulate will cancel your F-2 visa when it issues your E-3 visas (although sometimes Consulates leave dependent visas alo
532.
by proberts 3y ago
That's outside my area but I believe it is possible.
533.
by proberts 3y ago
That's right; you are limited to working for your L-1 employer and the L-1 isn't transferable to an unrelated entity. The startup visas are the E-1, E-2, O-1, and IEP (or the NIW or EB1A green card but they can take a while).
534.
by proberts 3y ago
Unless you have an issue - that is, extended absences outside the U.S. while a permanent resident or a criminal record - there's really no reason to hire a lawyer; the process is straightforward and easy (and in most geographic areas f
535.
by proberts 3y ago
1. The TN for founders is problematic and risky. The better (but not necessarily easier to get) are the E-1, E-2, and O-1 visa classification and the IEP (but the IEP program isn't really working). 2. Legally, there's no requireme
536.
by proberts 3y ago
Also good response below. The visa options are the H-1B (out of your control) and, depending on your qualifications and country of nationality (that is, country of birth), the E-1, E-2, or O-1, or a green card (some paths allow self-filing
537.
by proberts 3y ago
From a purely immigration standpoint, your cofounder can be a direct employee of the U.S. company or a contractor without having any U.S. work authorization as long as he is living and working outside the U.S.
538.
by proberts 3y ago
The E-2 visa really is the entrepreneur visa in the U.S. since the applicant can own the entire business and run it but it does require a "substantial" investment and a good business plan showing that the company will grow and hir
539.
by proberts 3y ago
No because CBP messes up the admission of visitors all the time. I've never seen this cause issues down the road.
540.
by proberts 3y ago
I think it will dramatically change the work of immigration lawyers (and I suspect most "white collar" jobs). I think lawyers will still need to develop the strategy (and evaluate the pros and cons of each approach based on the f

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