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

What has been -- in your personal experience as well as in the experience of some of your lawyer colleagues -- some of the 'hardest' cases wrt employment authorization for US-based startups and YC? And why?

Also, how are you anticipating the immigration landscape to change especially if President Donald Trump returns to the White House in January 2025? I'm asking this in the context of the 2017-2021 Trump administration's massive clampdown on Specialty Occupation visas through executive orders. [0]

[0] https://trumpwhitehouse.archives.gov/briefings-statements/tr...

How much of a fuss is it for a start-up fresh out of YC to hire someone on an E-3 visa (the one for Australians) ? i.e., time & cost of the process including legal advice & applying for licences if any

There's a lot to worry about but to keep the worry/analysis grounded, I think it makes sense to review what his administration did last time. And most of the damage was done to those who were illegal or seeking asylum or were from certain countries and seeking to travel to the U.S. It was awful and very disruptive to the lives of many. On the legal business immigration side, the main damage was the result of changes in policy and the way regulations were interpreted and applied. This included doing away with the deference given to previously approved applications when extensions/renewals were sought. This was disastrous, resulting in the denial of applications for people who had been employed in the U.S. by the same employer for years. The Biden administration immediately undid this when it took office. The other major change was in changing/increasing the requirements for getting H-1B and O-1 visas and extraordinary ability green cards. The Biden administration undid some but not all of these changes. There is concern that a Trump administration would undermine the H-1B program as well.

One can only hold one visa so one would need to hold the principal E-2 visa and the other could get the benefit of the E-2D visa.

From an immigration standpoint, no downside and no risk. We have a lot of companies that do this: employ people abroad as W-2 employees without any U.S. work authorization (which isn't required if the employee is working remotely outside the U.S.).