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I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

257 points proberts | 2 comments | 16 May 25 15:05 UTC | HN request time: 0.526s | source

I'll be here for the next 5-6 hours. As usual, there are countless topics given the rapidly changing immigration landscape and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and I'll try to do the same in my answers.

Edit: I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.

1. _blk ◴[17 May 25 04:54 UTC] No.44012125[source]▶
Hi Peter,

Thanks for all that great insight.

I'm currently a Swiss national on E2 with my own biz but looking at partnering with an American (the form could be a partnership or S-corp but it's not set in stone.. Recommendations welcome. State of CO or potentially Wyoming). All the work I do for them currently is consulting under my biz (SMLLC) as investment but apart from my biz paying for some PCB manufacturers there's no flow of money, just a lot of time.

Now my current E2 business has only me as an employee and I'm not sure how the chances of renewal look in 1.5 years if stays that way. End goal is a good partnership on the new venture and US citizenship but AFAIK there's no path from E2. Do you recommend reapplying for a new E2 with the new venture or extend the current one or something else entirely?

From what I understand from the last E2 is that the embassy prefers majority control from the treaty investor which we'd have to discuss if that's a hard requirement

Thanks!

replies(1): >>44014627 #
2. proberts ◴[17 May 25 14:34 UTC] No.44014627[source]▶
There is an argument that it is harder to renew an E-2 visa when there are no employees and limited revenues than to get a new E-2 visa when there are no employees and limited revenues because a new E-2 is forward looking/potential. But I'd have to dig in deeper to the facts to make a firmer assessment. Regarding majority control, that's not correct; it's enough if your ownership is just 50%.