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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

#301
post #259

Earlier quoted context omitted.

Are you aware of the US Green Card lottery? There are very few people who apply from Germany, so you can also try that route. You have a surprisingly good chance to win it. Also, you are not forced to accept it if you win the lottery -- you can decide.

I think "surprisingly good chance" is overselling it. The reported odds for Germany are about 1%. https://dvlottery.me/win-chances-green-card-lottery

True, however many countries have no option to apply at all (e.g. Canada).

And while the odds are low, I believe you can apply year after year. And the biggest benefit is that you basically get a green card, and skip the usual process of H1-B, to labor cert, to I-140/485, which can be a 3-5 year process.

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

#303

Earlier quoted context omitted.

This is my (not Peter's) advice for Canadians/Mexicans for TN, Australians for E-3, and seems to apply for Singaporeans/Chileans for H-1B1: If it is an automated system, just put no. That may be an automatic filter. There will be time to talk to a human and say "all we need is X/Y/Z" where X/Y/Z is something the hiring manager can do without involving a lawyer. If a human is asking you, then just say "Yes. I need a v…

Hi, I'm Australian and have applied a few times for us based tech roles and ticked 'require sponsorship'. I never really got far with my research - are you saying that the e3 is an automated process and I can get away with ticking 'do not need sponsorship'? Thank you!

You’re not breaking any laws by not ticking the box, and you avoid be automatically screened out before anyone sees your resume.

Far better to get someone interested then find out you need sponsorship, than be filtered out right after you submit.

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

#304
post #115

Earlier quoted context omitted.

I just don't see how the value - from a benefit to the U.S. economy perspective - is tied to salary so that doesn't make sense to me as a line to draw. If the H-1B program were to be limited in any way (which is not something I necessarily agree with), one option is to list occupations that are in short supply each year and to prioritize those. Many countries do this.

> 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.

This is not ideal, because within the same occupation, not every industry can afford paying the same salaries. Such policy would disproportionally favor high margin companies: adtech, tobacco, oil, finance, ... Arguably not the ones you should help get access to top engineering talent.

If Indian IT consultancies abuse the system, maybe the US should try to understand why there's such amount of unmet demand for cheap IT labor that cannot be offshored.

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

#305

Earlier quoted context omitted.

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.

Who defines “profession” though? Is “farmer” all encompassing, or is “chicken farmer” different from “cattle farmer”? Is “battery chicken farmer” different to “free range chicken farmer”? Do I need to be top 5% US-wide or just the city/state I would be hired in?

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

#306
As green card holder, I crossed border in Detroit, MI over to Canadian side, just to do a 1 hour tour for fun, but coming back, the custom wasn't as quick, they asked me a bunch of questions like why I crossed the border an hour ago, who Detroit as I currently live in New Jersey, it seemed that there was some discrepancies (I could be wrong) that two officers had to look at the computer to finally let me go as the bus driver (they have special border crossing buses) was waiting for me, along with 10+ other U.S. citizens on the same bus.

I didn't want to cause any delay or trouble so I didn't inquire much. But I do wonder, what was the hold up? They did try to ask me how many times I've been to Canada and when was the last time I crossed to Canada. They seemed very interested in the dates I did all that, not sure why.

I thought why they couldn't just look at their video camera that I actually just crossed an hour ago.

Thanks!

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

#307

I remember watching the company I worked for in California lay off Americans and replace them with Indians. For all the talk about “prevailing wage” and “shortage of talent,” I just remember seeing it with my own eyes. One guy worked there till he was in his 60’s, built the company’s entire software, yet was kicked to the curb.

I worked for Best Buy. Entire teams fired but first had to train the Indian Accenture replacements. Entirely their right to fire us but don’t you dare say there is a “talent shortage.” There is definitely a talent shortage — of talent willing to work for $20/hour. In the jobs I’m seeing now, what used to be $65/hour jobs are now $48/hour. I remember making $90/hour a few years ago — now similar levels one would be very lucky to find $50/hour for a similar role.

I know H1Bs working at $40/hour for jobs their American counterparts are making $75/hour. They can’t move to higher paying roles at other companies because of the visa.

Also the termed “highly skilled” is an absolute joke. I can teach a person off the street to be “highly skilled” in a few weeks, based on the standard of what “highly skilled” means in H1B.

H1B needs to be highly reformed. It’s the tech equivalent of hiring construction workers from the Home Depot parking lot and paying under the table wages. I am not generally a fan of tariffs, but I suggest a 100% tariff on H1B wages paid by the hiring company. And that tariff would be a sliding scale — the more H1Bs you hire, the higher the tariff. If you need that foreign engineer so badly, paying $100/hour shouldn’t be a hardship. That would incentivize hiring the American/permanent resident at $80/hour. We’d find that “shortage” going away pretty quickly. Drive up the costs of Accenture/Infosys/etc., to make them unattractive. The only reason those companies exist is to provide cheap labor to companies like Best Buy, etc. The money collected from that tariff can be used to fund tax breaks for companies that don’t hire H1Bs. H1B isn’t about highly skilled labor. It’s about “highly” skilled cheap labor.

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

#309

I remember watching the company I worked for in California lay off Americans and replace them with Indians. For all the talk about “prevailing wage” and “shortage of talent,” I just remember seeing it with my own eyes. One guy worked there till he was in his 60’s, built the company’s entire software, yet was kicked to the curb.

I worked for Best Buy. Entire teams fired but first had to train the Indian Accenture replacements. Entirely their right to fire us but don’t you dare say there is a “talent shortage.” There is definitely a talent shortage — of talent willing to work for $20/hour. In the jobs I’m seeing now, what used to be $65/hour jobs are now $48/hour. I remember making $90/hour a few years ago — now similar levels one would be ve…

I'm bookmarking this. Thank you.

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

#310
Hey there, I am Canadian/Italian and looking for remote roles in the US. I have a PhD and years of expereince in the tech sector. Is TN my best option orr W-2? Do I need a lawyer? Given that I am looking at Seed/Series A startups, what's the best way to structure conversations with hiring teams that do not have too much expereince hiring from abroad?
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