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Posted by proberts 20 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.

161 points | 216 commentspage 5
echoangle 18 hours ago|
A bit general but can you talk about immigration law regarding ITAR regulated industries?

If someone is a a EU citizen and wanted to work in aerospace in the US, would that be possible in general?

What kind of visa or green card would they need?

Would they be able to work on everything like a US citizen or are there areas that are restricted?

proberts 17 hours ago|
The short answer is yes but the EU citizen might be restricted in what he or she can do or where he or she can go. We have many clients in ITAR-regulated industries and they routinely hire foreign nationals.
HillRat 19 hours ago||
Have there been any meaningful changes in denial rates, processing times, or petitioning processes for L1 visas?
proberts 19 hours ago|
There's a major difference between individual L-1 petitions filed with USCIS and blanket L-1 petitions/visa applications filed with U.S. Consulates abroad, with the former much more challenging than the latter. This is the case now and has been the case for many years. The main change with blanket L-1 petitions/visa applications now is the result of a policy change (put in place about 6 months ago) limiting where an applicant can apply for a visa, essentially, limiting visa applications to the applicant's country of citizenship or legal permanent residence.
dev_throw 18 hours ago||
Can a person be eligible to purchase a ACA health plan in CA if they're on a B2 visa considering they have been in the USA for several years on prior work visas?

I know there are some recent changes with OBBBA that will kick in Jan 2027 but as per my understanding only affect PTCs not ACA eligibility.

proberts 18 hours ago|
Unfortunately, that's a benefits question, not an immigration one, so I'm not in a position to answer. That being said, I believe that your understanding is correct in CA.
dev_throw 18 hours ago||
Ah that makes sense. I appreciate your quick response!
pcl 15 hours ago||
What sorts of processing times are you seeing for I-130 green card applications? I filed for my wife in late July, and we've still not received anything but a receipt notice.
proberts 15 hours ago|
I-130 processing has always been all over the place and can be very slow sometimes, taking 9 or even 12 months.
slowstart 17 hours ago||
Hi Peter, are you seeing longer wait times for N-400 and citizenship processing? Can one travel out of the country for a few weeks while the application is pending or will this impact the residency requirements?
proberts 15 hours ago|
Yes, I am seeing N-400 processing taking longer now. And yes, you can travel internationally while your N-400 is pending.
garbawarb 19 hours ago||
There's a been a massive jump in EB processing times in the last couple of months, specifically EB3 ROW which is my category. Do you think this quick advancement will continue over the next few months?
proberts 17 hours ago|
The general feeling is that it should continue for the foreseeable future but at some point as always happens this advancement is going to slow down or even retrogress as the volume of applicants continues to increase.
aryehof 6 hours ago||
What a creative way to solicit new business. These quarterly touts for work on HN in the guise of AMA leave me somewhat annoyed.
lazyasciiart 6 hours ago||
Any decent immigration attorney who works with tech companies has a virtually unlimited stream of work available. I very much doubt this is the reason for the posts.
orochimaaru 6 hours ago||
No one is asking you to read them. Feel free to ignore it. I don’t see anything wrong with YC’c immigration attorney doing an AMA on HN which is hosted by YC.
VSwiffer 16 hours ago||
I applied for a EB1-A in October 2024 and still haven’t heard anything. I’m French with a valid O-2 until October 2027, working in corporate event planning with pharmaceutical companies. Do you think I’ll hear back this year? Is my application compromised with the actual economical and geopolitical context ? Should I plan on trying to extend my O?
proberts 15 hours ago|
Was the EB1A petition filed with premium processing?
VSwiffer 14 hours ago||
No we only filed the O with premium processing cause my lawyer said that UsCIS is usually asking more evidence and makes it harder when you request a premium processing on a EB1A petition
blobbers 18 hours ago||
I have a GC but it is about to expire this summer. If I apply for citizenship, can I still travel? Do I need to apply to extend my GC as well?
proberts 18 hours ago|
Yes, the processes are separate so you will need to apply for a new green card to be able to travel internationally but after you apply, you should be able to travel on your green card renewal application receipt notice (along with your expired green card).
moffers 18 hours ago|
Maybe a little broad. I have co-founders who are interested in emigrating to the USA, hoping our company could be a boon to the process. Is it?
proberts 18 hours ago|
There still are multiple visa options for founders (E-1. E-2, L-1, and O-1) and additional options if they are from certain countries (E-3, H-1B1, and TN) so they should consult with an immigration to determine the best path forward.
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