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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

#101

Post by proberts »

maxFlow wrote: post #37

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 i…

1. From my narrow/limited perspective, AI/ML engineers and technical product managers. 2. Again from my narrow/limited perspective, no, even with remote employment (because oftentimes those remote workers need to spend significant time in the U.S. and require work authorization). 3. I don't see any likely major changes. The action will come from executive orders and changes in the application/interpretation of law.

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

#102

Post by proberts »

awei wrote: post #68
proberts wrote: post #64

Earlier quoted context omitted.

Absolutely! Most of the EB1As we handle are not done for scientists, they are not done for those with a significant number of impactful publications, they are done for engineers and founders.

Thanks! Are there any tacit threshold to qualify ?

Not really. But it's critical - in addition to checking at least 3 boxes/criteria - to argue and demonstrate overall sustained achievement in the field.

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

#103

Post by toomuchtodo »

paxys wrote: post #48
snotrockets wrote: post #31

Earlier quoted context omitted.

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.

Employers are absolutely allowed to fire employees for any or no reason as long as the reason isn't specifically illegal (e.g. on the basis of race or gender).

Could have a constructive dismissal case, but would need an attorney to review and confirm. Filing a Dept of Labor complaint can also help establish a paper trail, but by no means ensures success.

https://webapps.dol.gov/elaws/eta/warn/glossary.asp?p=Constr...

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

#104

Post by proberts »

bestbuyer__ wrote: post #63

Hi Peter. If someone, say a Canadian, overstays their tourist visa in the states by more than 6 months and are then banned from re-entering for 3 or 10 years, what are their options for fixing their immigration situation? If they receive a job offer (TN Visa or H1B) would that fix it? Thank you

There are temporary waivers available.

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

#105

Post by proberts »

dahlio wrote: post #16

What's the best practice for a founder or startup employee who is on a work visa in the US but works remotely / nomadically and doesn't have a fixed address (from an immigration perspective)? Use mailforwarding? Ask to use a friend's address? Is that frowned upon by USCIS?

The issue here is getting government mail. Any government notice or document also should go to the individual's lawyer, if he or she has one. Regarding your specific question, what addresses to provide will depend on the immigration form and the purpose of the question being asked and whether the applicant/beneficiary is a founder or an employee.

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

#106

Post by awei »

proberts wrote: post #102
awei wrote: post #68

Earlier quoted context omitted.

Thanks! Are there any tacit threshold to qualify ?

Not really. But it's critical - in addition to checking at least 3 boxes/criteria - to argue and demonstrate overall sustained achievement in the field.

thanks!

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

#108

Post by proberts »

pizzalife wrote: post #75
rosmax_1337 wrote: post #65

Do you find that northern-european immigrants end up happy after immigration to the US, given the circumstances which you meet them in? The US is quite a different social environment, while still also being quite similar to northern europe in many ways. Certainly "your field" per se, but if you follow up on clients I figured you might have a better clue than most.

Probably not something Peter can answer.. but I'm from northern europe and yes, I'm happy here and would never want to go back.

I often think about this but regardless of the country, some foreign nationals can never imagine going back to their home country and others always see their home country as their home, where they will end up. It seems more specific to the foreign national than to the home country.

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

#109

Post by proberts »

huy-nguyen wrote: post #56

Hi Peter. 2 questions for you: 1) PERM processing time keeps getting longer and longer (now at 11 months, up from 5-6 months a few years ago). Do you know why or if DOL has any plans to improve it? 2) What’s the current average PERM-based I-485 processing time you’re seeing in your office? Any processing time advantage to submitting I-485 separately versus concurrently with I-140? Thanks.

1. I thought that one of the purposes of the new PERM form and system was to improve the overall processing but things have only gotten worse and the expectation unfortunately is not that things will get better. 2. All over the place although the majority of employment-based I-485 applications seems to be approved within 6 months.

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

#110

Post by proberts »

throwaway231109 wrote: post #94

Let's say there's a disabled person (successfully employed in tech, but also receiving benefits from their own government that don't have an income threshold). Such a person is considering immigration to the US in the future. How much of a concern the "public charge" provisions should be in such a case?

If I understand you correctly, really no different from anyone else (although the government can take into account health).
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