proberts

7 ms·

61.
by proberts 5mo ago
The students should speak with their DSOs (Designated School Officials) because they must have work authorization to get paid whether they're paid by a U.S. or foreign source or paid as a 1099 contractor or W-2 employee. But I don&#x27
62.
by proberts 5mo ago
It's being applied to those outside the U.S. or those in the U.S. who are ineligible for a U.S.-based change of status or change of employer. This fee primarily has impacted employers seeking to hire people who are outside the U.S. and
63.
by proberts 5mo ago
Thanks! Very good points. The E-2 is also a great option for founders (with their own funding or with funding from citizens/VCs from their own country).
64.
by proberts 5mo ago
There's a major difference between individual L-1 petitions filed with USCIS and blanket L-1 petitions/visa applications filed with U.S. Consulates abroad, with the former much more challenging than the latter. This is the case n
65.
by proberts 5mo ago
The challenges I see with green card applications now are not with PERM applications (yet) but with EB1A and NIW applications. The primary stumbling blocks for PERM applications are layoffs, which require companies to suspend and pause the
66.
by proberts 5mo ago
Thanks. That's very kind of you. I hope that all is well.
67.
by proberts 5mo ago
We advise them to comply with all laws.
68.
by proberts 5mo ago
USCIS is reporting - and we're seeing - much higher RFE and denial rates for EB1A, EB1B, and NIW green card applications and O-1 applications.
69.
by proberts 5mo ago
The options are limited: an H-1B for employment (which involves an annual lottery), an F-1 for schooling, or a J-1 for internship/training (which requires a "host" company/employer).
70.
by proberts 5mo ago
Just to be clear, the H-1B is a nonimmigrant visa and the EB-3 is a green card category so they're no comparable. The costs will depend on the legal fees (which run anywhere from $2,500 to $5,000 with most lawyers charging something i
71.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
212 points by proberts 5mo ago|250 comments
72.
by proberts 10mo ago
Thank you again for all the interesting questions and comments. I will be logging off now but checking in again tomorrow for any unanswered questions. Have a great weekend.
73.
by proberts 10mo ago
There's no permanent bar but the standard would be high to show with a subsequent TN application that the applicant possessed good faith intent to return to Canada/Mexico. We've argued that successfully.
74.
by proberts 10mo ago
The subsequent guidance on this question was in conflict and unclear. On the one hand, the guidance indicated that if the beneficiary had a valid visa stamp, then the petitioner wouldn't be subject to the payment but on the other hand
75.
by proberts 10mo ago
I'm not sure I understand what you are asking.
76.
by proberts 10mo ago
That could be viewed as fraud at the time of entry under both scenarios. I recommend that you speak with an immigration to come up with a workable plan. Note that if your spouse applies for his or her green card visa (known as an immigran
77.
by proberts 10mo ago
There are ways for someone in H-1B status to start a company and not in a roundabout way. The approach will depend in part on whether she will leave her current employer and get an H-1B through her startup, stay with her current employment
78.
by proberts 10mo ago
That doesn't make any sense. I'd need to know all the facts to advise. Please send me an email to schedule a call (proberts@robertsimmigration.com). Which Consulate is she applying through?
79.
by proberts 10mo ago
Typically, a benefit once granted (unless improperly granted) can't be taken away.
80.
by proberts 10mo ago
No I don't think it's high risk at all because even if the path were something other than H-1B, they always could go back to H-1B.
81.
by proberts 10mo ago
If I understand you correctly, you are asking whether the naturalized citizen was a citizen at birth based on his or her father's citizenship. To answer that question, we would need to know when the naturalized citizen was born and th
82.
by proberts 10mo ago
We've obtained lots of marriage-based green cards for those in TN status. The issue is intent at the time of the most recent entry prior to filing a green card application since the intent at that time cannot be to apply for a green c
83.
by proberts 10mo ago
That's hard to respond to other than to say that there are multiple visas that allow participation in accelerators and training programs.
84.
by proberts 10mo ago
Those are excellent questions but really more directed to those hiring at tech companies. From my limited perspective, I haven't an impact on hiring.
85.
by proberts 10mo ago
Thank you for all your questions and comments. I'll be taking take a short break.
86.
by proberts 10mo ago
That's good to hear. Thanks!
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by proberts 10mo ago
The short answer is no.
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by proberts 10mo ago
There's no minimum amount of trade specified in the regulations and the answer depends in part on other factors (such as how active the foreign and U.S. companies are and whether they employees and funding) but the minimum annual trade
89.
by proberts 10mo ago
That's a question for YC because if I understand you correctly, you are asking if you can participate in YC without being in the U.S.
90.
by proberts 10mo ago
I'll get back to you after the midterms.

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