proberts

36 ms·

661.
by proberts 3y ago
There are temporary waivers available.
662.
by proberts 3y ago
Not really. But it's critical - in addition to checking at least 3 boxes/criteria - to argue and demonstrate overall sustained achievement in the field.
663.
by proberts 3y ago
1. From my narrow/limited perspective, AI/ML engineers and technical product managers. 2. Again from my narrow/limited perspective, no, even with remote employment (because oftentimes those remote workers need to spend signif
664.
by proberts 3y ago
For green cards, it's really more about what can you do to increase your chances; for nonimmigrant work visas, the main issues are (these probably aren't non-obvious, to answer your question) unauthorized employment, overstay, cri
665.
by proberts 3y ago
Unfortunately, that is outside my area. I just always refer these questions to accountants.
666.
by proberts 3y ago
Quite a coincidence. Thanks for your help!
667.
by proberts 3y ago
As a general rule, definitely family-based since there's really no discretion/subjectivity.
668.
by proberts 3y ago
That's a good question. My focus is the U.S. so I don't really know what the startup immigration is to other countries.
669.
by proberts 3y ago
Not enough but trying to do more.
670.
by proberts 3y ago
I think there are but there's no one place to find them. Many lawyers in the startup space will discount or waive their legal fees when working with entrepreneurs and founders.
671.
by proberts 3y ago
I don't know. It's a disaster and embarrassment of course. Surprisingly, other immigration processes have been fixed so I think this one will be fixed as well.
672.
by proberts 3y ago
With some funding and a good business model, the odds of an O-1 are surprisingly strong.
673.
by proberts 3y ago
I'm not sure that I understand the question. Can you elaborate?
674.
by proberts 3y ago
There's a wide range but what I mostly see is that once an I-485 applicant's priority date is current, his or her green card application is being approved within 3-6 months.
675.
by proberts 3y ago
Only that that time doesn't count toward the one year of qualifying employment abroad and that a Consular officer might question what this individual was doing in the U.S. - that is, whether this individual was working without authoriz
676.
by proberts 3y ago
I think it's harder now than it was 10 years ago but not that much harder to get authorization to work in the U.S. The changes are really very specific to specific visa types and processes.
677.
by proberts 3y ago
Really get behind the IEP program and start to review and approve good faith solid applications (those that are likely to generate jobs).
678.
by proberts 3y ago
I think the impact will be huge; it gives USCIS officer the green light when reviewing applications where there's a scientific/AI component involved.
679.
by proberts 3y ago
There are other paths but this is a complicated/lengthy/nuanced discussion that requires a call with an immigration attorney.
680.
by proberts 3y ago
For the most part, even if bumpy and burdensome, I think the immigration system works well (or well enough) for stars (or certain types of stars). But I don't think it works well for many others, such as talented engineers, for example
681.
by proberts 3y ago
Absolutely! Most of the EB1As we handle are not done for scientists, they are not done for those with a significant number of impactful publications, they are done for engineers and founders.
682.
by proberts 3y ago
I really don't do anything other than work so this is a really nice change - a way to help people/give back a bit - and every time I do one, I learn something new.
683.
by proberts 3y ago
In my experience, that issue is never raised (and there's no test-of-the-labor-market requirement in the H-1B context).
684.
by proberts 3y ago
No, with limited exceptions, once someone has been selected in the lottery, he or she won't have to go through the lottery again, whether in connection with an extension or job change.
685.
by proberts 3y ago
That's really a question of cost-benefit because from a purely outcome standpoint, I would recommend going with someone (a lawyer) who has prepared and filed these types of applications. At a minimum, I would recommend having a lawyer
686.
by proberts 3y ago
While physically in the U.S., with very limited exceptions, a foreign national must have some form of U.S. work authorization to engage in revenue-generating activities, even if those activities are remote/virtual or occurring in anoth
687.
by proberts 3y ago
An O-1 isn't preferred but oftentimes is the only option for Canadians because they don't fall within one of the NAFTA occupations or there's some disqualifying element, such as a controlling interest in the petitioning/
688.
by proberts 3y ago
Definitely, the TN is almost certainly the best option and the Engineer occupation can be used for Product-related positions that require a strong technical background.
689.
by proberts 3y ago
I wouldn't characterize an O-1 as easy but it's often within reach of talented professionals, particularly founders. At the end of the day, the issue is less about the quality of the evidence - although that matters - and more abo
690.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
224 points by proberts 3y ago|298 comments

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