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

Posted by proberts 21 hours ago

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.

166 points | 220 commentspage 6

shrubble 18 hours ago|

Have you seen an increase in usage of the L1 and is that being scrutinized by USCIS more than before?

proberts 18 hours ago|

Individual L-1s (as opposed to blanket L-1s) have always been challenging and I don't feel that they're harder to get than they've been. I know that we're doing more L-1s and E-2s than before but I don't know if that's an industry trend.

tomtomx4 17 hours ago||

If a married couple on L1 visas both comes in to work in the US and one loses their job - can that person switch to the dependent visa, then back to the L1 visa when they find a job? Would the green card wait be reset then?

proberts 17 hours ago|

The spouse could definitely switch to L-2 but then might lose eligibility for L-1 since the spouse still would need to meet the qualifying foreign employment requirement and the three-year lookback period for qualifying employment abroad would start now, not when they initially transferred to the U.S.

darshanmakwana 21 hours ago||

What's the typical timeline and cost for sponsoring an H-1B vs. EB-3 vs. other visa categories?

proberts 20 hours ago|

Just to be clear, the H-1B is a nonimmigrant visa and the EB-3 is a green card category so they're no comparable. The costs will depend on the legal fees (which run anywhere from $2,500 to $5,000 with most lawyers charging something in between), the size of the company, and whether premium processing is used. For an H-1B, expect total costs of anywhere from about $5,000 to $10,000.

johongo 18 hours ago||

What were some notable differences between H-1B before and after the fee?

proberts 18 hours ago|

The main changes are that U.S. employers could sponsor those who were outside the U.S. or ineligible to change status or change employers in the U.S. without incurring this fee.

johongo 17 hours ago||

Did the number of applicants go down/approval rate go up as a consequence?

proberts 17 hours ago||

I believe the numbers of H-1B filings has gone down although the H-1B approval rate - so far - seems unchanged.

iLoveOncall 20 hours ago||

What are the chances of getting back a green card after being out of the country for 4 years? My partner left with the intention to come back soon after, bought a house there as well just before leaving, but then couldn't come back more than a couple of weeks a year for 3 years, and then not at all for the past 4 years.

We're thinking to move back to the US at some point, so having a green card would be the royal road.

Thanks!

proberts 19 hours ago|

It's likely that USCIS will consider her to have abandoned her green card. There are exceptions when the absence was outside the person's control (like during COVID when travel was restricted and risky). It's probably worth it for her to consult with someone about this. The formal path to find out if she's abandoned her green card is by applying for a returning resident visa at a U.S. Consulate in her home country.

TimH 16 hours ago||

What are the downsides to having a greencard?

proberts 16 hours ago|

The only downsides that I'm aware of are ongoing U.S. tax liability if you move abroad but still want to keep your green card and a potential tax penalty if you give up your green card after having it for at least 7/8 years.

afpx 18 hours ago||

Do visa holders have to register for military drafts?

proberts 18 hours ago|

See here: https://www.sss.gov/register/who-needs-to-register/#p1. Essentially, U.S. citizens and green card holders need to register but there are other groups as well.

afpx 17 hours ago|||

Thanks, could someone give some clarity? The link to the details is 404. But, I found an old version on archive.org.

https://web.archive.org/web/20240516075853/https://www.sss.g...

Seems to suggest that F-1 student, H-1B temporary worker, visitor do not have to register. Is that correct?

throwaway146346 9 hours ago|||

If a green card holder received his green card at, say, age 35 and did not register (as I understand it, only men aged 18-25 are required to register), would that in any way affect his chances for later naturalization?

fede1492 16 hours ago||

What is the average time for getting and L2S visa? Is it mandatory to get EAD to get a job?

proberts 16 hours ago|

It's purely based on appointment availability at the particular U.S. Consulate but typically it's very quick to get an L-2 appointment. As an admitted L-2S spouse, you would be work-authorized and wouldn't need an EAD.

weirdmantis69 14 hours ago||

How easy is it for canadians with Tn-1 visas these days?

proberts 11 hours ago|

It's still pretty easy if coming to work in one of the TN occupations with the right educational background.

jnsaff2 17 hours ago|

Is there a guideline how much time can one take for moving after getting a green card? Should one count days during the first year to not run into problems or is this more second year and onwards?

There does not seem to be much information about this besides very vague statements.

proberts 16 hours ago|

Do you mean getting an immigrant/green card at a U.S. Consulate abroad?

jnsaff2 16 hours ago||

I mean after the initial entry when they stamp the immigrant visa and send you a green card. Is it alright to take 6 to 9 months to getting everything in order in your origin country and getting settled in the US? At some point they will probably start asking questions about why the long absence or are you actually living here etc. Any guidance on how long this actually is or how to mitigate these risks would be helpful.

proberts 16 hours ago||

Yes, that would be fine but you probably would want to apply for a reentry permit when you are in the U.S. to protect your green card in the event you are outside the U.S. longer than expected.

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