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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

#281
post #180

Did you observe a drop in H1B visa applications since the 2024 presidential election?

From my limited perspective, No although I have clients who have decided not to open operations in the U.S. and/or transfer employees to the U.S. because of the political situation.

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

#282
post #61

Earlier quoted context omitted.

That’s only the Canada -> US leg, though. They can still grab your phone on the US -> Canada return trip, ne pas?

Historically the US has not had much "exit control". For example leaving the Schengen area it's obligatory to go through "exit immigration" and get your passport stamped. Leaving the US, you show your passport to the airline, but usually there is no formal immigration check at all.

Especially by land. I've walked into Mexico at an official crossing with zero passport / papers check by either side. In general land and sea travel can have differing rules though, where international air travel is governed by a set of international agreements with standard rules. For instance the full passport book is required for all international air travel.

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

#283

Thanks for this Peter! I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan) What are my options if I was laid off/company went under/perm cert rejected? How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?

Unfortunately, if you get laid off while in L-1B status before you are able to file an I-485 application, which is the last step in the green card process, you would need get no benefit from the PERM/green card process and would need to take an action within 60 days of the end of your employment to be able to remain in the U.S., by filing some type of application with USCIS. PERM processing is still really slow, over…

Thanks Peter!

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

#284

For O-1s filed by startups, what are the most common weak points USCIS flags now? Are you seeing more RFEs around equity or funding documentation?

For the most part, O-1 filings for the founders or employees of startups are no more difficult than the O-1 filings for employees of established/large companies; the main issue is "distinguished reputation" (a component of one of the O-1 criteria), which can be harder for startups to show.

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

#286

Earlier quoted context omitted.

Im a Canadian and go to the US for work fairly regularly. Something I didn’t realize is that the laws are different in preclearance areas. https://laws-lois.justice.gc.ca/eng/acts/P-19.32/FullText.ht... For example, you are allowed to withdraw your application to enter the US and leave the preclearance area. Additionally you are bound by different laws for search and siezure. At this point I am only going to the US t…

Can you be block-listed if you withdraw your application to enter?

I don’t know what the policy is, but you can be denied entry for any reason

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

#288

Earlier quoted context omitted.

Big tech is risk averse and avoids pursuing O-1s unless there's no other option and the candidate/employee is highly valued. But I haven't seen any change yet in the adjudication of O-1 petitions. Nearly all our O-1 petitions still get approved and when we receive a Request for Additional Evidence (or RFE), the issues raised are the same issues that were raised before January 2025.

Is it true that most big tech companies and possibly the startups you work with strongly prefer H-1B transfers over candidates who might have held an H-1B in the past (with an approved I-140), but are currently on a B-2? In your experience/opinion, is such a situation disadvantageous to the candidate's competitiveness in attaining employment at these coveted companies?

If the company is paying attention and knows what it's doing, then the interim B-2 status of a candidate shouldn't matter; at worst, it just means that the candidate might have to depart and reenter to activate his or her H-1B status with the new employer.

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

#289
post #108

Earlier quoted context omitted.

USCIS rarely issues I-140 EADs based on compelling circumstances unless there are government/national interests at stake or significant humanitarian issues.

Okay, thanks. I was primarily wondering due to "Significant Disruption to the Employer" seems to be one of the possible categories and it's description sounded similar to reasons why one would get L1B visa.

Essentially disruption here means significant financial impact.

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

#290

Earlier quoted context omitted.

An E-2 would require some investment ($100k+) but Dutch citizens or Dutch-owned VCs but if this investment exists, then an E-2 could be a very good option. The other option would be the O-1 and as a founder of company that has had a good round of seed funding, you might qualify.

Would fund that we have raised count as investment in E2?

The fund would need to have been Dutch-owned for its investment to count for E-2 purposes.
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