proberts

42 ms·

781.
by proberts 3y ago
That's right. But many U.S. companies in fact do use Deel and similar platforms to employ contractors living abroad.
782.
by proberts 3y ago
Thanks for the response. Yes, there are other options that aren't subject to the crazy and uncertain H-1B lottery such as the O-1 visa (which, without knowing more, you both probably would qualify for). And while the O-1 is tied to a
783.
by proberts 3y ago
The TN is company-specific so if you are applying for a new job, even if you have a TN with one company, you would need a new TN and even though the TN process is generally simple and easy, it qualifies as sponsorship.
784.
by proberts 3y ago
Unfortunately I've seen these terrible delays with our own clients and there's little that can be done other than what you suggest: get to the U.S. on some type of work visa and then pursue the green card when here, which is a ver
785.
by proberts 3y ago
Because you mentioned nursing, I'll respond to that. The issue with nursing positions is that they often are not considered H-1B positions. This is why years ago there was a special visa (the H-1C) for nurses to deal with the shortage.
786.
by proberts 3y ago
USCIS applies a 3 to 1 rule.
787.
by proberts 3y ago
Unfortunately, that's outside my area unless you are asking whether a foreign national can raise money for his or her startup.
788.
by proberts 3y ago
As a general rule, an F-1 student on OPT can apply for a green card. There are backlogs in all green card categories right now and this is really what determines the length of the process. So, assuming the backlogs don't change in any
789.
by proberts 3y ago
The J-1 is not supposed to be used to fill regular positions although the J-1 is sometimes abused by companies. The J-1 is supposed to be for training and career development and the J-1 trainee/intern is supposed to have the intent to
790.
by proberts 3y ago
All correct! But with an H-1B to H-1B transfer, the filing alone allows the sponsored employee to work so sometimes there's no need for premium processing.
791.
by proberts 3y ago
Absolutely correct. The requirement is a four-year U.S. bachelor's degree or it's equivalent which can be a foreign degree or a combination of education and experience (or even just experience) evaluated to be the equivalent of a
792.
by proberts 3y ago
Very high in fact if handled right.
793.
by proberts 3y ago
The H-1B transfer process is easy for qualified workers even if the sponsoring company is a startup. So the blocker really isn't the H-1B transfer process. Sometimes employees are in the midst of the green card process and feel trapped
794.
by proberts 3y ago
A degree is not required at all. Of course those with an advanced degree by virtue of having obtained an advance degree often check a number of O-1 boxes (publications, journal/conference paper review work, original and significant con
795.
by proberts 3y ago
That's it and the reason a second lottery is being run.
796.
by proberts 3y ago
There's no YC stance. I'll do my best to provide helpful, honest, and independent answers and advice.
797.
by proberts 3y ago
The H-1B lottery this year was riddled with fraud - so much so that USCIS will be conducting a second lottery soon - but it appears that there was no reduction in the numbers despite layoffs in certain industries.
798.
by proberts 3y ago
I haven't seen that with any YC founders but other clients of ours have opted for foreign citizenship investment programs and they seem to have worked well.
799.
by proberts 3y ago
There is some range depending on the size of the U.S. workforce and whether the petition is filed with premium processing. A rough range for a company with less than 25 FTEs would be $4,000 to $5,500. For a company with at least 25 FTEs, a
800.
by proberts 3y ago
The issues oftentimes are what can the founder do before he or she moves to the startup and what company-related items need to be in place before the founder can be sponsored by the startup. This requires a conversation unfortunately since
801.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
338 points by proberts 3y ago|391 comments
802.
by proberts 4y ago
Thank you again for the great questions and comments. I will be back again in a couple of hours and respond to any unanswered questions and comments.
803.
by proberts 4y ago
If they are really concerned or suspicious, they will sometimes ask to see your phone or computer. But their analysis is what in fact the individual will be doing in the U.S. - that is, will he or she be doing productive work - and who is t
804.
by proberts 4y ago
Definitely. Nonimmigrant visa options aren't limited in any way by the applicant's underlying status so you could move from a TN to an O-1 - assuming of course you meet the O-1 requirements.
805.
by proberts 4y ago
I haven't seen any changes yet, such as the tightening of requirements for temporary work visas or green cards or greater support for job-creating visas and green cards, such as the E-1, E-2, and IEP or the EB5.
806.
by proberts 4y ago
If you wouldn't be creating jobs in the U.S. through this company, then the only option would be an O-1 but the standard for an O-1 is high - although not as high as the O-1 criteria would suggest.
807.
by proberts 4y ago
The law isn't clear on this. The only way to really know is through the filing of a cap-exempt petition. When exactly were you last in the U.S. in H-1B status? Changing your citizenship wouldn't impact the analysis or outcome.
808.
by proberts 4y ago
I'm not familiar with this and would need to look at the facts first-hand before commenting.
809.
by proberts 4y ago
You should contact me separately because this will require a long conversation and detailed fact finding.
810.
by proberts 4y ago
Very funny. I like good tequila with a lime. Although for the record, I don't drink much.

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