Iāll be here for the next 3 hours and then again at around 12 pm for another 3 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible Iād like to focus on the recently reinstated International Entrepreneur Parole Program (or IEPP). Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I wonāt have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!
Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.
Hey Peter,
I am the Co-founder and CEO of an early stage start-up incorporated in Delaware. I am originally from Bangladesh and have just closed our pre-seed round of $300k from an investor in the United States.
Which of the following options would be the best for me?
1. International Entrepreneur Parole: Raised >$250k so should be eligible.
2. O1: By my understanding, I meet the following criteria:
Award- $300k USD pre-seed investment from a top investor in the United States.
Memberships- OnDeck (beondeck.com)
Critical Employment- Co-founder and CEO
Judging- Judged start-ups for investment competition in St. Louis ($50k cheques).
High Remuneration- Own 60% Equity in my start-up
3. E2: Being from a treaty country can I apply for this or would I need to invest my own money into my start-up?
The IEP seems like the best option and a good one. The E-2 would require investments by you and/or other Bangladesh citizens into the US company and then expenditures by the US company. Based on the information provided, I would put the O-1 odds at less than 50%.
Hi Peter,
Thanks for doing this.
As far as I know, the IEP structure has no clear path to permanent residency like some of the other options. Is that your understanding as well or am I missing something here?
It's a common misconception that a nonimmigrant status somehow leads to a green card or limits the green card options in any way. There is no connection between the two. So someone in IEP "status" could pursue a green card but because IEP is not considered an admission, he or she would have to go the immigrant visa route through a US Consulate abroad rather than the adjustment of status route through USCIS.
What does IEP stand for?
Thanks, Peter! Would you know the processing time for IEP application? Could it be expedited?
The processing time is completely unknown right so we'll have to wait and see and premium processing isn't available - although where the circumstances are very, very compelling, it's possible to request expedited review (with such requests rarely granted).
Hi, thanks for doing this. I was working for a tech startup under H1B. I was laid off 1.5 months ago with less than 1 week notice. They didn't say anything about covering transportation costs for me to go back to my country. I think they haven't submitted the request for withdrawal either. (I checked on USCIS). - Is it true that they're legally responsible for paying the transportation costs? Can I accept the money without actually going back (due to Covid)? - Are they also responsible for paying my salary if they "forgot" to submit the withdrawal request? Can I sue them later?
I couldn't find a sponsoring company for H1B transfer. I know I'm out of time. But I have plan B so I'm not worrying about overstaying. Thank you!
I really can't comment on any potential claims but the law is clear that a sponsoring H-1B employer must offer a terminated employee the reasonable cost of a return trip home.
Hey Peter,
I changed my employer last year while my spouses h4 visa was in process. Got to know last week that h4 visa was denied because it was referring to my old h1b which has become void due to switch.
Can you give some options to get uscisnprocess her visa soon. Is it possible to get other type of visas as we would like to start an online e commerce business.
It shouldn't have been denied because the H-4 isn't tied to a particular H-1B employer but to your H-1B status which presumably you have maintained. An option which you should raise with your lawyer is to file a nunc pro tunc H-4 application. We've had these approved, particularly during the pandemic, for individuals whose status expired more than 6 months ago.
Thank you again for all the great questions and comments. I'm going to sign off now and return again in about an hour.
Hi Peter, thanks for doing this.
I'm a permanent resident (won the Green Card lottery) and I'm currently living in the US. I'm going to marry someone who is not a US citizen this summer. When I check the regular process, it took almost 2 years to bring my future wife to the US. What is the fastest way to bring my wife to the US after the marriage?
Thanks again.
Unfortunately there's really no way to expedite the marriage based green card process. What's frustrating is that if you were a nonimmigrant, she could come over right away on a dependent visa but that's not an option for spouses of permanent residents. We've had clients give up their green cards and switch to a nonimmigrant status because of this. Is there any chance that your fiance could qualify for her own work visa? Because once here, you could sponsor her for a green card, a much better process than going trough a US Consulate abroad.
Iāve heard that an option for Canadian workers pursuing US citizenship is to apply for a TN visa, then apply for consular processing from Canada while under TN visa status. Does this seem like a good option?
Iāve worked remotely for a small company for a number of years and am a core team member. I suspect I fit one of the definitions for an L1 visa except that the US company doesnāt have a presence in Canada other than my home office. Would this qualify? Or does there need to be a legitimate Canadian subsidiary to even be considered?
I suppose my last option would be H1-B but that seems like the least favourable.
Hey there, I'm a Canadian living in the US on an L1 right now, it was a good fit for me. What my company did was set up a Canadian Entity (subsidy) and started paying me through that for a year before I made the trip. It worked out well.
Are there any requirements for the Canadian Entity?
Unfortunately there needs to be a legitimate operating entity in Canada with office space, employees, etc.
I saw your AMA in Reddit years ago, what can the software engineering divisions do to help you?
I had a friend who realized that the lawyers didn't really have tooling that was perfectly sized.
Lawyers - myself included - are notoriously bad at using technology and just changing the way that they do things so there's no question that there's opportunity here.
Well, for obvious reasons, the average developer is notoriously bad at knowing the law.
What are effective approaches to getting a greencard/ having the flexibility to apply to any US based company to join the job market there? (I am based in the UK with a British passport).
Thank you for putting time and effort in this.
For the typical (strong) passport holder, one of the most reliable routes is to get employment at an offshore office of a US-based company with significant international operations (eg: Google, Amazon, Facebook, etc). Working for their London office should be tenable.
Once there, aim for a transfer to HQ or US-based office via the L1 visa (higher likelihood than other US employment visas). From there, with a UK passport you will have a much shorter/non-existent queue to apply for and be granted a green card (within 2-4 years of L1). From there, you have full employment (or non-employment!) flexibility within the US.
The whole timeline should be about 4-8 years from getting your UK-based US-company job, which isn't short or quick, but far more reliable than many other options.
If speed is the priority, you have to take some risks.
- You can shoot to get an H1B but it's the biggest lottery shitshow. Large employers are generally unwilling to spend much effort on this these days, they may try once and then rescind the offer if the application fails.
- You can try to start a business, raise US investment, and then qualify for IEP (see other thread here)
- You can find a US-based cofounder(s), start a US-based business, and then try (probably multiple times) to file an H1B for yourself as an employee of your business. You must hold less than some % of the business to be above board.
- Above, but try for an O1 instead of a H1. Lower chances, but more flexibility once you get it. Green card is an option immediately.
- You can be an impressive individual by filling the criteria and apply for an O1.
Short of qualifying for an O-1 visa, from a long-term standpoint, the best options are probably working for a company in the UK (ideally in a managerial capacity_ and then transferring on an L-1 visa to a related in the US (ideally also in a managerial position) or getting an H-1B visa but this is subject to a lottery and the odds continue to get worse.
Get a daily email with the the top stories from Hacker News. No spam, unsubscribe at any time.