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

news.ycombinator.com

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

#1
I’ll be here for the next 2 hours and then again at around eleven for another 2 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons 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

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

#4
For new entrepreneurs that would like to consider hiring fresh non-US grad students out of school, what are the typical costs and process to “get them through the door”. I realize this is broad, but trying to understand at what startup stage does this start to make sense to do. (Ie is it so expensive/time consuming that a seed startup shouldn’t even bother?)

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

#5

Can you give us an update on the International Entrepreneur Rule?

It's still dead in the water although I wouldn't be surprised if the democrats take it up after dealing with other pressing immigration issues like the dreamers.

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

#8
How difficult it is for a foreign worker to be employed by an H1-B visa?

What if the candidate loses the lottery process? Would they have to apply next year? Would they be cap exempt next time?

Do companies have guaranteed quotas from USCIS for foreign workers?

And by the way, thanks for doing this.

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

#10

For new entrepreneurs that would like to consider hiring fresh non-US grad students out of school, what are the typical costs and process to “get them through the door”. I realize this is broad, but trying to understand at what startup stage does this start to make sense to do. (Ie is it so expensive/time consuming that a seed startup shouldn’t even bother?)

Assuming that they don't fall within exceptional visas for those from certain countries (such as Australian, Canadian, Chilean, Mexican, and Singaporean citizens), the typical options are the H-1B (via the annual cap/lottery) and the O-1. Although initially, F-1 students get 1 year of OPT (optional practical training) and 2 additional years of OPT if they are a STEM graduate and the employer is an "e-verify" company. And really any company can act as a sponsor, even a startup. The focus is on the offered job and the individual's background (less on the company) and if they're both strong, then I think that it's worth pursuing an H-1B. An O-1 - which is a much higher standard - requires a much closer analysis.
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