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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

#211

Post by proberts »

albystein wrote: post #203

Hi Peter, Thanks for hosting this AMA. I’ve an immigration issue related to status transition. So I came to the U.S on an F-1 visa about 6 years ago. However, during the course of my undergraduate study, I found out that I qualified for TPS. So I applied and received it. Afterwards, I decided to take a leave of abscence from school to work on a startup because TPS allows me to. I was also made to change my status fro…

If you worked pursuant to a TPS EAD, then I believe you cannot change your status to F-1 in the U.S. Definitely schedule a consultation with an immigration attorney. If you need a referral, email me.

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

#212

Post by potatolicious »

kchoudhu wrote: post #172
proberts wrote: post #36

Earlier quoted context omitted.

Country of birth is the most important factor. Certain countries, most notably China and India, have significant backlogs and the process can take many years. For those not from a heavily backlogged country, the ways to speed up the green card process are limited, including, during the PERM process, commencing recruitment when the prevailing wage request is submitted (and not yet approved) and using recruitment to co…

Wait -- is it country of birth or country of citizenship? If I was born in Switzerland but held a Bangladeshi passport could I possibly use the former's priority queue?

It is birthplace, so if you were a Bengladeshi national but were born in CH, you would fall into the Swiss queue (which is the "everyone else" queue).

If this is you, congratulations, this is the shortest possible line. Though, if you were Bengladeshi-born I think you may actually be in the same queue? The queues are India/China/Mexico/Phillipines/Everyone Else.

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

#213

Post by lawstudent967 »

I’m a midlife career changer about to start law school at 45 after 20 years in tech, and right now I am trying to figure out if criminal defense or immigration is the field I want to pursue since I have relatively equal passion for each but neither keeps me up at night so to speak. What would you say I should be thinking about to reach answers that I am more likely to be happy with in terms of the choices that will determine the major contours of my career as an attorney? Or am I asking the wrong question and should instead be asking something else entirely?

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

#214

Post by proberts »

tombert wrote: post #40

So, I have a wife who just got her citizenship. We're very happy about that. Concerning, though, is the current presidential administration's talk of trying to do large-scale denaturalization of citizens. I know you don't have the ability to read minds, but would you care to hazard a guess to much of this is the president just blowing smokes or how worried I should be?

The President isn't blowing smoke - denaturalization efforts are going to increase - but there still has to be a reason, such as fraud or misrepresentation in getting her green card or citizenship or her failure to disclose a material fact in one of these processes. But absent something like this, I wouldn't worry at all.

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

#215

Post by lazyasciiart »

amanaplanacanal wrote: post #135
haiku2077 wrote: post #107

Earlier quoted context omitted.

> Only if they are in a paranoid state whereby LE maliciously enforces the law for any minor violation and enforces overwhelming (often illegal) responses to these infractions. ICE operates in every state. e.g. US citizens are being jailed in California ( https://apnews.com/article/us-army-veteran-immigration-raid-... )

It sounds like the current administration is specifically targeting democratic stronghold states, but I don't know if that means you would be any safer in Republican majority states.

Generally no, because those are more likely to have state or local government employees working on ICE’s behalf. For instance in Florida a weigh station employee said they were calling ICE on people who looked (and sounded?) Hispanic.

https://www.forbes.com/sites/stuartanderson/2025/07/09/attor...

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

#216

Post by aussieInSF »

proberts wrote: post #198
aussieInSF wrote: post #190

Thank you for doing this Peter! I am Australian, working in tech using an E-3 visa in the Bay Area. My wife is considering moving forward with an EB-2 NIW application, she is currently in F1 OPT. She doesn't have a very strong profile currently, but is willing to work on it. I am concerned that this might complicate me being able to renew the E-3 in the future. My understanding is that an approved or even denied I-14…

First, the NIW standard has changed significantly recently so it might not be a good option for your wife to pursue if her profile isn't very strong since the standard as now applied looks more and more like the EB1A standard and focuses more on the applicant's individual qualifications and achievements rather than end-purpose of the applicant's work. While one spouse's immigration actions can impact the other's immi…

Appreciate the response.

Just in case you circle back, assuming I go the EB-3 route via my employer, am I correct in thinking that an I-485 application or even going the consular processing route makes the E-3 unobtainable in the future if either fail?

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

#217

Post by niteshpant »

proberts wrote: post #133
lazzurs wrote: post #9

What sort of people get O-1 visas? I assume it is people with multiple degrees and have decades of experience in a specific field? I am good at what I do, have done public speaking at major conferences on what I do but no degree and so assume that i've no chance of ever getting into the USA. Currently a UK citizen living in Ireland.

The O-1 is a high standard but it's less about overall achievement or standing (like the EB1A green card category) and more about meeting specific criteria, which many talented professionals and founders do. I would recommend reviewing the O-1 criteria (they're listed on USCIS's website, www.uscis.gov) and then having an immigration attorney evaluate your background. People are often surprised that they meet the O-1…

One of the qualifications is "Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services as evidenced by contracts or other reliable evidence" How does a startup founder go about proving this? They don't have quite the "high salary" and get paid in equity. What have you seen here? How do founders quialify for this part?

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

#218

Post by proberts »

onepremise wrote: post #119

Immigration is actually directly related to how CEOs and VCs intend to change the landscape for all things government related, and democracy as a whole. There is very much a subjective intent to tear down the rule of law, the rights that safeguard Americans as a whole, starting with immigration. IT's an entry point, a target to whittle away basic rights of the average American. Peter Thiel touches on this need for a…

That's all very interesting. I will give this some thought and respond later.

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

#219

Post by sophia01 »

proberts wrote: post #184
sophia01 wrote: post #155

Earlier quoted context omitted.

Thank you Peter, this is super helpful!! Does your firm do immigration law consultations or do you have any that you would recommend to ask some more questions?

I'd be happy to answer some questions gratis and then refer you to another immigration lawyer for paid assistance.

Thank you!

I am wondering how narrow the focus has to be for an EB-1A. I have been involved in a wide variety of projects, some receiving a good amount of media publicity (100+ mentions across various media), others adding up to a good number of citations (100+ total citations), and I'm also involved in a startup venture that while not yet a breakaway success, is growing quickly (60k+ users, growing 50% yoy). I'm unsure if these can be molded into an appropriate form given they don't necessarily make a coherent story.

I'm also wondering what the bar is for "command a high salary or other significantly high remuneration in relation to others in the field". Is a solid salary within the usual bands at a big tech enough? Or does it have to somehow be significantly higher in relation to others in a similar job position at the company?

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

#220

Post by OptionOfT »

jackall wrote: post #185

As a Canadian on an L-1B visa, approaching the 3-year mark and an upcoming renewal, is it recommended to process it within the US or travel outside and re-enter for the processing at the border?

Came in to USA from Belgium with L-1B. Renewed twice outside of the USA based on lawyer's recommendation that outside has a higher chance of success.
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