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

Re:I'm Peter Roberts, immigration attorney who does work for... by 99b12e2d358bb03 on Thursday October 13, 2022 @01:06PM (#33193746)

Peter,

Thank you for taking time to do this.

For founders with spouses (either through marriage or common-law), where both spouses are from Mexico or Canada, what is the best visa for the founder and what visa should the spouse apply for (if he/she desires to work)? For the spouse, how do visa considerations change if the spouse has:

1. A liberal arts-oriented university degree

2. A STEM-oriented university degree

3. A law degree

4. A medical degree

5. An accounting degree

6. College diploma

7. No tertiary accreditation

Additionally are there any considerations if the spouse has a bachelors, masters or PhD/professional degree?

For children in such a scenario, what visa considerations would they have?

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Re:I'm Peter Roberts, immigration attorney who does work for... by proberts on Thursday October 13, 2022 @02:44PM (#33194838)

A spouse's ability to work is often the most important factor when looking at work visa options for a founder. The visa classifications that give spouses (and only married spouses can get dependent visas under U.S. immigration law; common-law spouses can't) unrestricted work authorization are the E-1 and E-2 visas, the E-3 visa, and the L-1 visa. Fortunately, Mexican and Canadian citizens have their own visa classification, the TN, so this is another option for spouses although this would require direct sponsorship by a U.S. employer.

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