proberts

60 ms·

961.
by proberts 5y ago
Where exactly is this person in the process?
962.
by proberts 5y ago
Really the latter because what's out there is just too general to be really helpful.
963.
by proberts 5y ago
No. US immigration only comes into play if one will be physically in the US.
964.
by proberts 5y ago
The answer is very fact specific but depending on how often you come and and how long you stay, almost certainly you will be able to enter the US as a visitor for a period of time. That being said, it might just be easier to get a work stat
965.
by proberts 5y ago
In the end, you will need a US company to act as the employer/sponsor but there can be benefits to creating a foreign company as well. And with money (such as $100k) comes options particularly if this money is invested in your US compa
966.
by proberts 5y ago
The lowest hanging fruit so to speak are creating a good company and/or doing great work as an employee of a good company, serving as a judge at competitions/events (or as a reviewer for conferences or journals), obtaining members
967.
by proberts 5y ago
I know. The retrogression was worse than expected. Possibly, to answer your question, but the facts matter so definitely consult with someone before taking any action.
968.
by proberts 5y ago
So that I understand, do you mean being based outside the US but being employed by a US company as an employee or contractor?
969.
by proberts 5y ago
I know what you're referring to because we've dealt with that issue for several employees of one of our clients. But it's really impossible to advise without knowing all the facts.
970.
by proberts 5y ago
The visas most closely aligned with entrepreneurs are the E-1 and E-2, the L-1, the O-1, and the IEP (parole).
971.
by proberts 5y ago
It's already resumed although there are delays in getting appointments. And Paris has been very receptive recently to requests for expedited appointments. Also, appointments become available all the time so it's worthwhile to chec
972.
by proberts 5y ago
And from a US immigration perspective, you can get an education evaluation service to evaluate your education in terms of its US education equivalency. These evaluations aren't expensive at all.
973.
by proberts 5y ago
I still think problematic and would have to be carefully structured from both an immigration and tax perspective.
974.
by proberts 5y ago
It's extremely tough to expedite. Sometimes, if the work is clearly serving an important national interest, the process can be expedited.
975.
by proberts 5y ago
Unbelievably popular. Based on my own limited experience, we've seen a lot of entrepreneurs return to Canada and operate their US business from Canada and come to the US as needed or simply decide in the first instance to base their co
976.
by proberts 5y ago
That's the $64,000 question because it changes all the time and so is incredibly challenging and frustrating. That being said, the trend is definitely toward the opening up of consulates in general and to third-country nationals in par
977.
by proberts 5y ago
It is a gray area but I don't see any issue if you release it for free. Getting paid, even if to cover your expenses, is more problematic, however. I wouldn't say it's a complete non-starter but it would have to be structured
978.
by proberts 5y ago
Definitely possible. The O-1 standard isn't as high as the black letter language of the regulations suggests.
979.
by proberts 5y ago
There's some variation depending on the visa classification but yes, an employee could qualify for a visa even if the job is fully remote. But the employer must be a US company with US operations.
980.
by proberts 5y ago
There is but there are limits on what he can do and unfortunately other than not getting paid by the side business the limits aren't very clear. If he's interested, he should speak with someone so that he doesn't cross any li
981.
by proberts 5y ago
I work all the time in my private practice and really don't do much charitable work or work for the community so this is a small way of doing something. As a firm, we're also starting to do some pro bono asylum work but really not
982.
by proberts 5y ago
To be clear, the error was in my previous AMAs. It was always meant to be YC and startups. Thanks again.
983.
by proberts 5y ago
They absolutely can interview for jobs. Starting a company is more complicated because they can do some things but there's a limit and that limit is grey - other than not getting paid by their company which is absolutely prohibited.
984.
by proberts 5y ago
Sorry! That's a typo which I will correct now. Good eye!
985.
by proberts 5y ago
Really the main change has been at the consular level with the shutdown and reduced operations at US Consulates and unavailability of visa application appointments. But this finally seems to be changing. Regarding long-term impacts, I reall
986.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
232 points by proberts 5y ago|337 comments
987.
by proberts 5y ago
If I understand your question correctly, Ira Kurzban's book on US immigration is a great and easy to use book.
988.
by proberts 5y ago
EU citizens have no special US visa options. Only citizens of a handful of countries have their own visas (Australia, Canada, Chile, Mexico, and Singapore). Everyone else is in the same boat.
989.
by proberts 5y ago
Under the current law, if it is a company-sponsored PERM-based I-140 petition (as opposed to a self-sponsored I-140 petition), no. Unfortunately, I believe -but I'm not certain - that this still would be true under the proposed legisl
990.
by proberts 5y ago
Yes, USCIS, CBP, and the State Department have been much more lenient when it comes to long absences because of the pandemic. Your approach - whether you just show up and explain why you were absent for so long or apply for something calle

More ›