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

165 points by proberts ↗ HN
I'll be here for the rest of the day. As usual, there are countless immigration-related topics to discuss 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 comments and I'll try to do the same in my answers.

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

96 comments

[ 3.1 ms ] story [ 92.6 ms ] thread
I have a question for a friend who is looking to work at US-based companies either remotely and is open to relocating and moving there if required, but she is from the UK and a citizen there who just left her job as a software engineer at a startup in the UK recently.

She is looking to be able to legally work for some of these US based companies and is also interested in US startups but when applying she cannot answer the US authorization question in the application (If she said 'No' it will get her an immediate rejection). So my question(s) are:

What is the best visa for her to apply for as a UK citizen to work for a US company?

How long will it take for her to get the visa so she can apply for US jobs?

Hi there, love your little series. Are you seeing any clients face deportation while possessing greencards? If so, can you share some context as to why and what recourse they have?
Hi Peter, My H-1B status is set to expire in November of this year, marking the end of my 6-year limit. My NIW (EB-2) petition is currently under review. In the event that my NIW is approved after my H-1B has expired, would my employer still be able to file for an H-1B extension on my behalf?
I just got my green card but the category mentioned on it is wrong (E18 instead of E17). Is there an action I need to take? Separately, can I use the existing card to travel outside the US and reenter?
What sort of people get O-1 visas? I assume it is people with multiple degrees and have decades of experience in a specific field?

I am good at what I do, have done public speaking at major conferences on what I do but no degree and so assume that i've no chance of ever getting into the USA. Currently a UK citizen living in Ireland.

Hey Peter! Thank you again for doing this series. Apologies for the broad question, but do you think it applying for PERM during the current administration is a good idea? My understanding was that in the first Trump administration, PERM denials went up quite a bit, and with immigration being an even larger concern for the second administration I'm wondering if it makes sense holding out for a few years if that's a possibility.
Since it was coincidentally posted as a news thread today, it might be nice to clarify here when the new $250 nonimmigrant visa fee takes effect and who it applies to?
Hi Peter, I wanted to know what all options are available other than H1B after F1 OPT visa expires to continue working in United States?
What's the fastest timeline to get green card under EB-3? What things does the employer company does that could speed things up like batch process, generic existing applicable job posting?
i'm probably going to marry my american partner next year and thinking of moving to america. what are (generally speaking) my options for working? coming from the united kingdom.
Hi there, I'm working in the UK on a work visa. I previously applied for a US position at Fermilab and NASA ADS. Although, I didn't get the position I was told the H-1B visa process for these positions was much simpler (not through lottery) as they fall under a special category.

Can you advise other what other sectors offer these privileges? Also, if I get the H-1B through this process, am I allowed to switch to a different employer in the future?

Thanks so much Peter - how do non-US people typically work in SF during YC?

I am a US citizen but have a few non-US citizen friends who might join if accepted.

What is the likelihood today that Trump and his allies in Congress may improve the ability for H1B holders to obtain green cards? This was repeatedly raised during his campaign and his first weeks in office and it sounded like this was going to be a thing....
Hello Mr. Roberts,

Thank you for doing this, as you know we've probably have seen some crazy news articles and segments of ICE agents arresting people all over the U.S. with some for good and some for wrong reasons. What is your advice or best practice for someone who is "wrongfully" approached by ICE agents but has legal status to be in the U.S.? (whether work visa or green card)

I've read that someone should carry their green card with them or if they have some sort of REAL ID mark on their drivers license it may help.

Thank you again for doing this!

Are non-US citizens banned from working on <2nm GAA technologies? What are the ITAR limits on non-US citizens from working on these tech? Can we incorporate in another country to allow hiring on non-US citizens to work on <2nm GAA technologies?
I'm Australian and have always wondered about how easy it is to get an E-3 visa. What does it take from the sponsoring companies side to actually do it and get me over there?
Hi Peter, I am on a H1B visa; Is it allowed to run a company by myself if I never take out the revenue off the company bank account (so, effectively unrealized gains).
Can you convince YC to have programs outside the US by any chance? It's not exactly easy getting into the USA these days and by no means a smooth experience either.
So, I have a wife who just got her citizenship. We're very happy about that.

Concerning, though, is the current presidential administration's talk of trying to do large-scale denaturalization of citizens.

I know you don't have the ability to read minds, but would you care to hazard a guess to much of this is the president just blowing smokes or how worried I should be?

Hi Peter, thanks for doing this.

For myself as a UK citizen, what are the most realistic options for obtaining a visa to work in the US? The H1B is the main one I'm familiar with, but with the lottery and the one year application cycle it doesn't seem an easy route. The other option I'm aware of is the L1, do you know how realistic it is to obtain one of those? I don't currently work for a multinational company but would look to move jobs if an L1 visa was a possibility.

Are there any other realistic routes available?

why is ycombinator promoting immigration thru H1B when so many US born CS grads are finding it hard to get job. In 2023, American colleges graduated 134,153 citizens or green card holders with bachelor's or master's degrees in computer science. That same year, our federal government handed out work permits to at least 110,098 foreign workers in computer occupations through just three major guest worker programs. That's equal to 82% of our graduating class who are guaranteed jobs even before any Americans walk across the stage for their diploma. https://ifspp.substack.com/p/data-on-how-america-sold-out-it...
Hello! I may not be as knowledgeable about immigration as previous speakers, but could you provide me with a bullet-point list of the latest legal requirements? I’d like some guidance as someone currently outside the U.S. who wants to work in your country. Thanks.
Im a Canadian, I want to expand my business to US - what’s the right way to do that and use that for green card?