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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

#261

Post by Detrytus »

bubblethink wrote: post #244
jefftk wrote: post #115

Earlier quoted context omitted.

> one option is to list occupations that are in short supply each year and to prioritize those That's a lot of what prioritizing slots by pay does: pay is higher for jobs with low supply relative to demand.

Not necessarily. You need farmers and scientists. Can't do a descending sort by salary.

Wasn't Trump's proposal few years ago "95th percentile salary for their profession"? So you still have room for farmers and scientists provided that they are exceptional (or at least exceptionally well paid) farmers and scientists.

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

#262

Post by [deleted] »

Abrecht wrote: post #187

I have a Greencard and would become eligible to apply for citizenship this month. I wonder what the opinions are here on the pros and cons of that. Generally, regarding most practical aspects of daily life, being permanent resident seems pretty much equivalent to that of an US citizen. Pros: - can vote - can get security clearance, potentially more income - even long periods abroad do not bear the risk of loosing pri…

[deleted]

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

#263

Post by [deleted] »

danielktdoranie wrote: post #204

Employers should have to prove they were not able to find a U.S. citizen who can do the job before they're allowed to hire someone that needs a work permit. Employers purposefully seek out non-U.S. citizens as they know they're happy to work for a lot less, especially if gets them into the U.S. This whole system encourages economic migrants, puts U.S. citizens out of work. As far as In am concerned you're actively wo…

[deleted]

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

#264

Post by [deleted] »

tired-turtle wrote: post #104

Hi Peter. I know a little about H1B1 visas and the process of getting one, having worked with many colleagues who are in the US on one, but I don’t fully understand the pros/cons of the H1B1 program from the perspective of the average American. As one presidential candidate will likely direct his ire at the program if he wins, can you explain why such a program is compelling or vital for our tech industry? My H1B1 co…

[deleted]

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

#265

Post by [deleted] »

nemomarx wrote: post #257
Detrytus wrote: post #255

Earlier quoted context omitted.

> US companies are required to pay the "Prevailing Wage" [0] to H-1Bs, so they cannot use foreigners to undercut US citizens. This is laughable. I do not know how the government calculates those wages, but as someone who got to US on H-1B visa this year I'm making more than 2x the "prevailing wage" listed on my LCA application. Just to clarify: my job is a Software Architect, in one of East Coast states, and the prev…

Could it be that the prevailing wage is a national average, ie not adjusted for a high col city? I feel like tech salaries especially must swing a lot between flyover states and big coastal cities.

[deleted]

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

#266

Post by null0pointer »

Detrytus wrote: post #255
null0pointer wrote: post #246

Earlier quoted context omitted.

> Employers purposefully seek out non-U.S. citizens as they know they're happy to work for a lot less, especially if gets them into the U.S. This is commonly stated but is not true. US companies are required to pay the "Prevailing Wage" [0] to H-1Bs, so they cannot use foreigners to undercut US citizens. However, foreigners whose presence in the US is dependent on their employment are certainly more likely to be abus…

> US companies are required to pay the "Prevailing Wage" [0] to H-1Bs, so they cannot use foreigners to undercut US citizens. This is laughable. I do not know how the government calculates those wages, but as someone who got to US on H-1B visa this year I'm making more than 2x the "prevailing wage" listed on my LCA application. Just to clarify: my job is a Software Architect, in one of East Coast states, and the prev…

I just checked my own LCA. My listed (and actual) salary on the LCA is 1.07x the listed prevailing wage, but it doesn't include stock or bonus which are part of my total comp. Including those, my total comp is 2.06x the listed prevailing wage.

I know from talking to my American colleagues that my total comp is around the same level as theirs, so at least at my company they don't undercut US citizens.

Your listed PW does seem quite low, and I don't know how they actually measure it. I certainly agree that companies will do whatever they can to lower wages for all worker, and not including stock or bonus in the prevailing wage is ripe for abuse. Perhaps some reform for this law is in order.

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

#267

Post by Detrytus »

nemomarx wrote: post #257
Detrytus wrote: post #255

Earlier quoted context omitted.

> US companies are required to pay the "Prevailing Wage" [0] to H-1Bs, so they cannot use foreigners to undercut US citizens. This is laughable. I do not know how the government calculates those wages, but as someone who got to US on H-1B visa this year I'm making more than 2x the "prevailing wage" listed on my LCA application. Just to clarify: my job is a Software Architect, in one of East Coast states, and the prev…

Could it be that the prevailing wage is a national average, ie not adjusted for a high col city? I feel like tech salaries especially must swing a lot between flyover states and big coastal cities.

Well, maybe. I mean, my city is really not that high col city: median house price is $450k and the rent outside city center is just $1300 for one bedroom. But salaries in IT are pretty good here, my salary is actually the average for my position that I found on Glassdoor (I used that as a reference point when negotiating relocation with my employer).

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

#268

Post by Detrytus »

null0pointer wrote: post #266
Detrytus wrote: post #255

Earlier quoted context omitted.

> US companies are required to pay the "Prevailing Wage" [0] to H-1Bs, so they cannot use foreigners to undercut US citizens. This is laughable. I do not know how the government calculates those wages, but as someone who got to US on H-1B visa this year I'm making more than 2x the "prevailing wage" listed on my LCA application. Just to clarify: my job is a Software Architect, in one of East Coast states, and the prev…

I just checked my own LCA. My listed (and actual) salary on the LCA is 1.07x the listed prevailing wage, but it doesn't include stock or bonus which are part of my total comp. Including those, my total comp is 2.06x the listed prevailing wage. I know from talking to my American colleagues that my total comp is around the same level as theirs, so at least at my company they don't undercut US citizens. Your listed PW d…

That's another thing: my compensation is basically all salary, no stock options of any kind. I think the trick might be that my immigration lawyer listed the PW for "entry level" Software Architect job (is there even such thing?), while I have around 20 years of experience.

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

#269

Post by _DeadFred_ »

agtech_andy wrote: post #216
danielktdoranie wrote: post #204

Employers should have to prove they were not able to find a U.S. citizen who can do the job before they're allowed to hire someone that needs a work permit. Employers purposefully seek out non-U.S. citizens as they know they're happy to work for a lot less, especially if gets them into the U.S. This whole system encourages economic migrants, puts U.S. citizens out of work. As far as In am concerned you're actively wo…

100% agree. It is a race to the bottom that Americans will never win. Americans who want a normal wage and life are never going to be able to compete on price with someone in South America or Eastern Europe. This is the kind of things that should result in massive tariffs and extremely onerous tax and paperwork for the companies that do it. Otherwise, all of our expertise will just move outside of the world and to th…

This is some weird 'Gangs of New York' wanna be BS. I'm sorry but we have been welcoming people throughout the entirety of our existence, it is part of the American project, and it is a part of our strength, not our weakness nor downfall.

My family were the ones told 'no Irish need apply' and now you want me to tell someone else's family off and that they aren't wanted? My family fled eastern europe for their lives but you want me to tell someone else my fear of a threat to my income is more valuable than them? Nah bro, I'm good. Don't claim to be a defender of me/America/Americans. Your type didn't want my family here either back in the day but the USA thrived even with our/my existence. Being American isn't in your blood, it's in who you chose to be. Alway had been/always will be. And Americans don't choose fear over welcoming.

I'd give every new American a huge welcome hug if I could because they are us and are family. They are your parents/grandparents/great grandparents/etc. Sad that you have forgotten that or chosen to forget because you are scared too 'share'.

Everyone reading this, I'm glad you want to come be part of this great experiment. I hope you chose to stay, it's a pretty cool place with pretty cool people.

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

#270

Post by [deleted] »

einpoklum wrote: post #75
ValentineC wrote: post #69

I'm not sure if this is appropriate for this thread, but: I'm a Singaporean, and we have access to the H-1B1 visa. If asked whether I need a visa in a US job application, would it be fine to say "no"? How should I explain my situation, given that most people might assume that hiring non-US candidates would require participation in the H-1B lottery?

Not Peter Roberts nor a lawyer, but: Why don't you just say "I'm Singaporean, so I'm not sure I would need to apply", and give a link to some article which describes the special visa eligibility for Singaporeans? Also note that H-1B1 is just one kind of visa, and there are many others - for which you likely would need to apply.

[deleted]
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