proberts

46 ms·

871.
by proberts 4y ago
If these employees manage other employees now and will manage other employees in the U.S., then the odds are high actually. Conversely, if these employees aren't managing any employees and won't be managing any employees in the U
872.
by proberts 4y ago
The answer is complex and nuanced unfortunately. You absolutely cannot get compensated by another source unless that compensation/work has been authorized by USCIS. One option is to obtain a concurrent part-time H-1B through your compa
873.
by proberts 4y ago
Yes. The odds depend almost entirely on the strength of the individual's background or more specifically whether he or she meets enough of the O-1 criteria. But the O-1 if oftentimes is in reach of founders because - I would argue -
874.
by proberts 4y ago
It's luck in the sense that for your first H-1B, you must go through a lottery (a completely random selection process). The actual adjudication and approval of an H-1B petition, if the individual is selected in the lottery, for indivi
875.
by proberts 4y ago
As a general rule, the U.S. immigration options for founders are the same as the U.S. immigration options for non-founders. The question is what nonimmigrant/temporary work visa would a founder qualify for and this would depend on a va
876.
by proberts 4y ago
U.S. immigration law doesn't apply to those outside the U.S. so there's no immigration issue with working for your own company while outside the U.S.
877.
by proberts 4y ago
Would this be to employ these individuals in the U.S. or remotely?
878.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
172 points by proberts 4y ago|238 comments
879.
by proberts 5y ago
Yes, go to https://www.flcdatacenter.com/oeswizardstart.aspx .
880.
by proberts 5y ago
It's definitely worth trying - there's no downside - but the chance of success is low because there are so many people in the same situation. The limited success I've seen is where someone has a family and is the sole wage ea
881.
by proberts 5y ago
You can only go so far with your startup before you need to get some type of work authorization or need to leave the US as you suggest. The challenge is knowing when you need to make this change. For many of our startup clients, it comes do
882.
by proberts 5y ago
All I can comment on is my clients and most of them are in high wage areas where there's serious competition for talent and looking for highly skilled workers and they pay their FN employees as much as they pay their US workers because
883.
by proberts 5y ago
From the submission of the PW request and commencement of recruitment, 18-24 months.
884.
by proberts 5y ago
That's right, there's no "portability" for an H-1B1 (or premium processing) so if one is in the US and wants to move from one H-1B1 employer to another, he or she needs to leave and apply for a new H-1B1 visa at a US Con
885.
by proberts 5y ago
Yes. Please email me and I can give you the names of good attorneys who specialize in this area.
886.
by proberts 5y ago
Yes but when you are in the US, you only can work for the US company pursuant to the O-1.
887.
by proberts 5y ago
That's a separate issue. If applying for a green card while in TN status, the timing of the green card application needs to be managed carefully if the applicant is applying through USCIS in the US and international travel needs to be
888.
by proberts 5y ago
Yes, there are paths to working in the US (and ultimately getting a green card) through your own business. Depending on the facts, the typical visa options are the E-1, E-2, and the L-1 and the typical green card options are EB1 extraordina
889.
by proberts 5y ago
It isn't but it probably should be. We just don't do enough.
890.
by proberts 5y ago
There's no issue with moving from a TN to a green card; the process just needs to be managed carefully and all this really means in the end is coordinating the timing of the filing after deciding on the green card path (that is, whethe
891.
by proberts 5y ago
Absolutely, it's done all the time. They would come here as business visitors with B-1 visas or with their passports if they are from a visa waiver country (such as the UK). But so there are no issues and no lines are crossed, when the
892.
by proberts 5y ago
There is no direct path through you unfortunately and even your parent (her son/daughter) couldn't petition for her unless your parent was a US citizen. What's her country of citizenship and what's her educational and em
893.
by proberts 5y ago
Do you mean the right path for getting a US work visa?
894.
by proberts 5y ago
They do work well; there's just a significant backlog.
895.
by proberts 5y ago
There's no connection between the two - that is, no deference is given to those with a Tier 1 visa - but often those who qualify for a Tier 1 visa also qualify for an O-1 visa and - most importantly from my perspective - the Tier 1 pap
896.
by proberts 5y ago
The E-3 visa is the easiest visa to renew by mail by far.
897.
by proberts 5y ago
1. This will depend on where he will be living/working since the PW is location-specific. 2. He can work remote but the company still needs to have physical commercially zoned office space even if it rarely used.
898.
by proberts 5y ago
I was referring to the final stage of the GC process (not the penultimate I-140 stage), an I-485 application filed with USCIS and an immigrant visa application filed with a US Consulate abroad via the NVC. The former is speeding up and the
899.
by proberts 5y ago
Really the only way to do that is via a self-sponsored green card which is going to be extremely difficult unless you have won major awards in your field.
900.
by proberts 5y ago
There's nothing that specifically limits travel by those in O-1 status. The challenge is getting a visa application appointment.

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