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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

#31

Post by snotrockets »

Fin_Code wrote: post #17
bubbleRefuge wrote: post #11

A company in California wants to push me out the door unfairly and I'm a remote employee in another state and want to fight it or get some just compensation, should I consult an attorney in California or my state. ? (edit: sorry just noticed this is regarding immigration law only )

Employment agreements are at will. Its highly unlikely you can fight this. You need agreement with your employer to continue.

This isn't necessarily true: "at will" means a legitimate termination has no notice period. Employers are not allowed to fire employees for any reason, or to have an abusive employment environment.

OP: any employment lawyer could also advise you on jurisdiction.

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

#32

Post by proberts »

holts-shoe wrote: post #18

Hi Peter, generally speaking , what is a route to consider for Canadians who are currently Software Developers and want to switch fields (ex. Product Manager) and work in the US for at a startup? TN NAFTA visa looks good although the "NAFTA Profession list" criteria is narrow (ex. doesn't include Product Manager)

Definitely, the TN is almost certainly the best option and the Engineer occupation can be used for Product-related positions that require a strong technical background.

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

#34

Post by 4death4 »

not_your_vase wrote: post #13
j33zusjuice wrote: post #4

US immigration? If I live past tomorrow, I want to leave the US. Idk how to even start.

The grass is always greener on the other side lol Personally I am investigating how could I move to the US...

I’ve lived in both the US and Europe. They’re vastly different places. I wouldn’t say one is better than the other, but certain types of personalities will definitely enjoy one more than the other.

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

#35

Post by mportela »

An H-1B person, after having extended the visa once, will need to go through the lottery again next time, right? If they have done a Master's degree in the US, will this second H-1B application go to the Master's cap quota like the first one?

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

#37

Post by maxFlow »

Hi Peter. Thanks for your AMAs, always a source of great value.

A couple of questions from me:

1. Which would you say are the top spececializations within tech that employers are most willing to sponsor visas for nowadays?

2. Would you say the willingness to sponsor tech professionals has lessened somewhat as of late? Given the economic climate, opportunities to hire remote globally, etc.

3. Are there any impactful immigration reforms we should keep a watchful eye for, vis a vis the 2024 US presidential election?

Thanks & all the best.

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

#38

Post by proberts »

vimota wrote: post #21

Is there any path for a founder from Canada to move to the US by being employed by their company under a TN visa - especially if they don't believe they can prove O1 requirements? Why is the O1 preferred (other than permanence)?

An O-1 isn't preferred but oftentimes is the only option for Canadians because they don't fall within one of the NAFTA occupations or there's some disqualifying element, such as a controlling interest in the petitioning/employing U.S. entity.
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