Live data from Hacker News

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

news.ycombinator.com

81–90 of 409 posts

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

#81
I’m from India, planning to move to US on L1 as an IC. I want to get green card in 3-5 years or get out of the country. If I get green card, I want to look at bringing my parents permanently to US.

As someone without any research papers, any significant industry presence, how difficult will it be to get an EB1 green card if I start chipping at requirements now?

How doable is getting parents within next 5-7 years?

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

#82

What are the reasons to bring people to san fransisco in the first place and deal with immigration problems? Why can't startups just use a payroll provider like deel and have a semi-global team?

I think there are legal limitations like IP and compliance for some industries that make it tricky.

That's right. But many U.S. companies in fact do use Deel and similar platforms to employ contractors living abroad.

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

#83

What are you seeing in terms of impact of the Canadian Open Work Permit for U.S. H-1B Visa Holders? Has there been a large volume of talent moving to Canada from U.S. tech centers? Edit: It looks like the 10,000 person cap was already hit [1]. Do you think there is a huge demand beyond the 10k cap? [1] https://www.canadavisa.com/h1bowp.html

Might need to ask a Canadian immigration attorney. I’ve reached out to a few in the family and will report back if they have anything to say. Edit: sorry. Got the “not that kind of lawyer” response. They do refugees.

That's right. I can't help here. But if you need a referral to some, let me know.

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

#85
post #78

Dual Irish/US Passport holder here -- if I wish to emigrate to the US do I have to do anything other than buy a plane ticket?

No. From the U.S. Government's perspective, there's no issue holding other citizenships. But when you travel to the U.S., you are supposed to present your U.S. passport not your foreign passport.

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

#87
In June 2021 I tried entering the United States with a TN packet as an Engineer with a Bachelor of Computer Science. However, the officer denied me the TN status saying I need an Engineering, not Computer Science degree, to qualify for the Engineer TN status.

Given the denial, in July 2021 the hiring company then applied through USCIS premium processing again for TN Engineer with my Computer Science degree and I was approved. I was let in at the border with my TN status without issue.

In August 2021, I we back to Canada, and then upon re-entering the US with my TN I was sent to secondary given my previous denial on record. The officers basically rechecked my packet and asked so many questions about my previous denial, the officer then lets me in but states “you might not be so lucky with the next officer”. From what I understand they can take away my TN or even just deny me entry in the future based off the previous denial.

I haven’t left the US since then, but want to visit Canada and come back. However, I’m terrified of the officer denying me entry based of my previous denial. What are my options here? My company’s lawyer basically said we just have to try and hope for the best.

Thanks so much!

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

#88

How do the immigration efforts change between US political regime changes? Is it easier or more challenging, or does it stay the same?

Significant changes. While immigration laws rarely change, the way they are interpreted and applied can change significantly from administration to administration. We saw that when Trump became President and again when Biden became President.

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

#89
What is the process like for employees waiting for i485 approval (2+ year wait times) who decide to change companies? Assuming EAD/AP and everything else has already been approved.

My understanding is that the application is “portable” to an extent, but what exactly does that mean? Does the PWD need to be filed again?

From a startup’s perspective, what does the company need to do to accommodate this incoming employee?

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

#90
post #62

Earlier quoted context omitted.

Absolutely correct. The requirement is a four-year U.S. bachelor's degree or it's equivalent which can be a foreign degree or a combination of education and experience (or even just experience) evaluated to be the equivalent of a U.S. bachelor's degree. The rule of thumb is that 3 years of professional experience is the equivalent of 1 year of college education.

Thanks for the clear answer! is proving the years of experience usually difficult? e.g. references from 12 years ago can be hard to get (although I have those 11 years ago myself).

Not at all. Detailed prior employment letters are enough.
Post reply on HN