proberts

32 ms·

601.
by proberts 3y ago
There are visas where the foreign national can control/own/run the company he or she works for, such as the E-1/E-2, O-1, and L-1 visas. It's more complicated and tougher if you want to remain in H-1B status and work fo
602.
by proberts 3y ago
That really involves a case by case analysis particularly where work is being done in the U.S. for U.S. entities.
603.
by proberts 3y ago
If they have no work authorization, they can't be hired legally. But even talented illegal immigrants, unless they are long-term overstays or have criminal records, can get sponsored for work visas.
604.
by proberts 3y ago
Not much although the Biden Administration is prodding the agencies involved in immigration to facilitate (within the bounds of the law) the attraction and retention of tech/AI talent and companies.
605.
by proberts 3y ago
I don't see those as the main drivers of change for business/employment immigration. I think the biggest change is the explosion of AI technology and companies and the massive flow of money to AI technology/companies, which i
606.
by proberts 3y ago
That's a very interesting question but outside my area of expertise, unfortunately.
607.
by proberts 3y ago
I agree. From an outcome standpoint, the changes are for the worse. But some of them are understandable to the extent that in certain contexts USCIS is paying more attention to the letter of the law and not just accepting representations o
608.
by proberts 3y ago
That's not so much an immigration question but be careful about incorporating and creating products while currently employed because your current employer might have a claim over your IP. If the question is when can I/should I inc
609.
by proberts 3y ago
The frequency and duration of the trips can raise questions but in and of themselves aren't issues; what matters is the purpose of the trips, regardless of the duration; they must be limited to non-work/non-hands-on activities and
610.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
330 points by proberts 3y ago|407 comments
611.
by proberts 3y ago
It can be, yes.
612.
by proberts 3y ago
Good point. Mandamus actions - forcing the Government to act - often work in fact and there are some very good attorneys who specialize in this and I'd be happy to refer some to you. We don't handle these types of matters but hav
613.
by proberts 3y ago
The facts matter so it's tough to advise without knowing them all but as general rule, as long as the overstay was for less than 6 months, you should be able to adjust status in the U.S.
614.
by proberts 3y ago
Your job offer in the U.S. won't help. And the U.S. company won't support a nonimmigrant work visa for you?
615.
by proberts 3y ago
What's the basis of the green card application, PERM labor certification or something else?
616.
by proberts 3y ago
1. Yes, many Consulates will look into the source/basis of the investment. 2. There's no legal minimum but most Consulates want to see an investment of at least $100k with a good portion of that spent by the U.S. business before a
617.
by proberts 3y ago
While there are some black lines, what can and can't be done "on the side" is grey and requires a back and forth discussion.
618.
by proberts 3y ago
I agree with your company's attorneys. The other option is "interfiling," which allows the basis of the I-485 to be changed without filing a new I-485.
619.
by proberts 3y ago
Yes but you must consult an immigration attorney because there are some risks with this approach.
620.
by proberts 3y ago
It's unlikely that that business/LLC would help in any way from an immigration standpoint. Now, if the business started employing people and growing, it might help.
621.
by proberts 3y ago
The facts matter but as a very general matter, there's almost always a solid basis for an EB2 NIW and even EB1A as well for those with a PhD (or far along in the PhD process).
622.
by proberts 3y ago
We've handled a bunch of them but the program has been dead in the water. However, the Administration's call-out of this program suggests that it might be an option again.
623.
by proberts 3y ago
No. The TN while easier in many ways is less flexible regarding alternative requirements; for nearly all TN occupations, an actual bachelor's degree, not the equivalent based on education and/or experience, is required.
624.
by proberts 3y ago
Yes, you should be able to; we've done this many times and even where the gap is longer.
625.
by proberts 3y ago
Good advice. Thank you. I simply would add that you should speak with an immigration attorney to prepare you for your visa application appointment/interview since the interview is the key event in the B-1/B-2 visa application proc
626.
by proberts 3y ago
It doesn't matter where they get married as long as the marriage is valid where it occurs and under U.S. law. The location of the process abroad is based on the non-U.S.-citizens's country of citizenship or country of residence. R
627.
by proberts 3y ago
The EB-5 might be a good option but I'd recommend that the founders get an evaluation of their options first before proceeding with an EB5.
628.
by proberts 3y ago
1. I've been doing this a long time and major changes in immigration law are very rare and require some type of consensus among the different parties and branches. So, as much as the system needs to be fixed, I don't think the fix
629.
by proberts 3y ago
The facts will dictate which path but really an H-1B is better, it's just not an option for everyone; it's better for several reasons but primarily it's better to be in H-1B status while pursuing a green card; there are no d
630.
by proberts 3y ago
The path will depend on if these are paid or unpaid internships: if paid, then the J-1 visa is probably the best option; if unpaid, then the B-1 business visitor visa is an option. For the J-1, there's really no need for a lawyer to ex

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