How common are H1Bs for people without a degree but with 12+ years of experience? Is that a legit thing?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#32Earlier quoted context omitted.
The H-1B lottery this year was riddled with fraud - so much so that USCIS will be conducting a second lottery soon - but it appears that there was no reduction in the numbers despite layoffs in certain industries.
Where is there opportunity for fraud in the H-1B system? Fake / Shell companies sponsoring workers?
That's it and the reason a second lottery is being run.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#33Tangentially related Q: in the USA there are “illegal” immigrants who have moved into the country. I worry about human rights abuses against these people. What are the methods available for these people to become citizens if they so wish?
Leave the US and apply for US immigration from their own country?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#34How important is a degree for o-1? and what are easy or non-negotiables or important conditions or awards that definitely make someone qualify for a o-1?
A degree is not required at all. Of course those with an advanced degree by virtue of having obtained an advance degree often check a number of O-1 boxes (publications, journal/conference paper review work, original and significant contributions). I'm not aware of any easy awards that would help.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#35Hey Peter, I want to learn more about the H1B program, why it is broken, and the bottlenecks and incentives for fixing it. Is there a resource you recommend? Something to ramp up on this corner of immigration policy?
Thanks for doing this! Apologies for the generic question
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#36How common are H1Bs for people without a degree but with 12+ years of experience? Is that a legit thing?
I replied elsewhere - but this was my (successful - now an LPR) path.
My lawyer told me you need a 4 year degree equivalent, and 4 years of experience can convert to a year.
If you have zero university education, that would be 16 years' experience required, based on that lawyer's legal instruction.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#37Earlier quoted context omitted.
There is some range depending on the size of the U.S. workforce and whether the petition is filed with premium processing. A rough range for a company with less than 25 FTEs would be $4,000 to $5,500. For a company with at least 25 FTEs, add $750 and if the petition is filed with premium processing, add $2,500.
What is premium processing?
Case adjudicated within X calendar days. Typically, 15 calendar days for most types of petitions.
https://www.uscis.gov/forms/all-forms/how-do-i-request-premi...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#38In your experience, what does the success rate looks like for incorporating a company with all H1B founders and with 1 US citizen& 1+ H1B founders? Thanks
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#39Earlier quoted context omitted.
There is some range depending on the size of the U.S. workforce and whether the petition is filed with premium processing. A rough range for a company with less than 25 FTEs would be $4,000 to $5,500. For a company with at least 25 FTEs, add $750 and if the petition is filed with premium processing, add $2,500.
What is premium processing?
To get the visa application processed in two weeks, else it will take up to 4 months or so.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#40What’s the easiest way for a startup to poach H1B workers from competitors and large, established companies? Is it even possible, or are they trapped at their sponsoring company? If there is a process or workflow for accomplishing this in a repeatable/scalable manner, I’d be keen to know!
The H-1B transfer process is easy for qualified workers even if the sponsoring company is a startup. So the blocker really isn't the H-1B transfer process. Sometimes employees are in the midst of the green card process and feel trapped until they have a green card or are far enough along in the process such that they can port their green card application to a new company. One advantage that smaller companies have is that they often are much more willing to sponsor employees for O-1 visas as well as NIW- and EB1A-based green cards and that the relative impact of employees at a smaller company is much greater than at a large company and this can help with NIW- and EB1A-based green card applications.