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Posted by proberts 17 hours ago

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

I'll be here for the next 6 hours. As usual, there are lots of possible topics and I'll be guided by whatever you're interested in. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please try to 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.

153 points | 213 commentspage 3
dian2023 14 hours ago|
As a co-founder (Australian citizen) of a Series A funded software startup, is there an easy decision matrix on whether to apply for an E3 or O1 visa? It seems like I don't fully fit into either category.
proberts 13 hours ago|
E-3s are super quick and easy so this is definitely the first option to explore. But it requires a bachelor's degree or its equivalent in a field related to the job. And being a founder/owner can complicate the process but doesn't automatically mean an E-3 isn't an option. There's no helpful decision matrix. If you'd like, send me your resume and schedule a call and I can tell you which option to pursue.
lesuorac 15 hours ago||
Suppose you could wave a magic wand and change US immigration law in any way you like. What changes would you make?

https://news.ycombinator.com/item?id=46164104

proberts 14 hours ago|
On the business side, two broad changes come to mind: I would make it easier for entrepreneurs/founders to start businesses and also make it easier for the super skilled/talented (in both the arts and business) to get visas without needing employer sponsorship. I also would like to see the U.S. government come up with a list every few years of occupations (both skilled and semi/unskilled) that are considered critical or in short supply in the U.S. and make it easier for foreign nationals to get visas or even green cards for those occupations.
onetimeusename 16 hours ago||
If someone on H-1B in California gets (ostensibly) terminated via email with the reason being given as money, but the company does not send over final pay stubs and instead wires a lump sum, but not for the full amount (no 401k payments deposited into retirement account and I think at least one paycheck) then asks the person to sign a document agreeing they are not owed any money, what steps should that person take? It seems like the issues are 1) change of visa status needs documentation but also importantly 2) they can't get their spouses insurance without final pay stubs. The company said there were problems with ADP and has been delaying on responses.
proberts 16 hours ago|
Unfortunately, although the person is in H-1B status, this is really an employment law question, not an immigration one, so I'm not in a position to respond.
tourist_on_road 15 hours ago||
Can a employee sponsored greencard holder move jobs within 3 months after getting greencard approved granted the new role is pretty similar to one before? will there be any issues in terms of naturalization/reapproval.?
proberts 15 hours ago|
The short answer is yes, the employee can move, and while the employee should be aware of this when applying for citizenship, in reality, it's never an issue.
garbawarb 15 hours ago||
How exactly would this come up when applying for citizenship?
proberts 14 hours ago||
The naturalization application form requires the applicant to list out his or her employment history and this would show that the applicant left his or her sponsored employment soon after getting a green card.
kimyanna 17 hours ago||
Hi Peter, have you noticed either increased processing times or denial rates of N400 applications? I know about several people waiting to have a citizenship interview scheduled for 12 months or even longer, this seems out of the ordinary. Thank you!
proberts 16 hours ago|
This is just anecdotal but I haven't seen an increase in denial rates although processing seems to have slowed. Under the previous administration, there was a stated commitment and policy to process N-400s within 6 months. Now, depending on the local USCIS field office, we're seeing processing taking 9-12 months and even longer.
blackhaj7 9 hours ago||
Hi Peter - thanks for another of these.

What travel restrictions are applied to applicants/spouses going through the PERM labor cert green card process? I am on an L1-B (wife is L2) and we are currently at the step before the I-485 submission and travel lots to see family

lazyasciiart 4 hours ago||
I certainly travelled during the PERM phase, and my lawyer didn’t even suggest I think about it. I did not travel after submitting the application while waiting for the EAD.
bubblethink 9 hours ago||
Not a lawyer. PERM is a DOL process. Travel is governed by visas (or parole in some cases). The two are unrelated.
sammyspizza 17 hours ago||
The current administration has made it very hard for tech workers to get perm status. Many larger companies are no longer sponsoring perm applications for workers on h1-bs because it is so difficult to meet the new requirements. Which of the new requirements is the most difficult for companies to meet and have you seen any creative solutions, especially for smaller companies and startups trying to get their H1-B folks on greencard track.
proberts 17 hours ago||
The challenges I see with green card applications now are not with PERM applications (yet) but with EB1A and NIW applications. The primary stumbling blocks for PERM applications are layoffs, which require companies to suspend and pause the PERM process. This is a big issue with big tech because of the constant downsizing over the past couple of years.
nv2156 15 hours ago||
What challenges are you seeing around EB1A. Context: I have an approved EB1A but waiting for i485, so curious to learn about the challenges.
proberts 14 hours ago||
Since you have an approved EB1A petition, you shouldn't have any issues finishing the process and getting a green card. But it's becoming harder and harder to get an approved EB1A.
jmyeet 10 hours ago||
I beg to differ. The companies have made it difficult by doing constant rounds of layoffs. The state of unemployment in the sector is such that pretty much any vanilla position could be filled by a US LPR or citizen and the process is designed to obfuscate it so those people never see the job (eg internal job posting boards, advertising in physical newspapers).

PERM isn't meant to be an automatic process. I get that the employee wants permanent status but the employer can't have it both ways. You can't constantly need to be doing layoffs AND be unable to fill what is probably a pretty generic position (like "software engineer").

harmmonica 15 hours ago||
Not sure if this is too high level, but do you have a "dashboard" of sorts for very high level US immigration stats for tech you could share? Perhaps you have access to a series of charts that show overall visa applications, then broken down by type, the change over time (by year, for instance) and then the approval/denial rates and the change in those rates over time?

You obviously have a front-row seat to how current US immigration policy is impacting tech and so would love to see some high level stats showing the actual change.

khuey 8 hours ago||
The State Department publishes some of that data, although there's nothing specific to tech of course.

https://travel.state.gov/content/travel/en/legal/visa-law0/v...

proberts 15 hours ago||
I should have that but I don't but I'd be happy to try to answer specific questions about specific visa/green card types.
reisse 16 hours ago||
What is the current status of the DV program? What will happen with last year's quotas?

And another question: has 100k$ requirement on H1Bs make any meaningful impact on applications count (e. g. to remove the lottery)?

proberts 15 hours ago|
We don't handle DV applications (we just advise our clients to handle on their own because the application process is easy) but my understanding is that the current 2027 DV process has been paused. Although the government hasn't published statistics yet, by all accounts the selection rate this year in the H-1B lottery was much higher than last year and in years past and I believe that this is in part the result of the $100K fee.
lbrito 16 hours ago|
I've had a B1/B2 for almost 10 years and went to the US many times for conferences, interviews and company get-togethers. I've never had issues at the airport. I might have to travel again for another company meetup. I'm hesitant to do so out of fear of being imprisoned in a random concentration camp with no explanation. What are the chances of that nightmare scenario happening and have you dealt with clients in that situation?
proberts 16 hours ago|
As long as the purpose falls within permissible B-1/B-2 activities and it's clear that you will be returning home after the completion of this purpose, then the risk is very low. That being said, if you have traveled a lot to the U.S., then I'd recommend consulting with an immigration attorney before traveling.
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