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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

#81
post #23

Does H1-B really carry that 100k per-case fee? I remember hearing of it, but afterwards also individual stories of people getting H1-B. I don't know them personally unfortunately; not sure whether it was sponsored by not-for-profit research institutes or for-profit companies. I can't imagine this rule being economically feasible for most, though. And if the answer is actually a yes, would the company want to make sur…

Yes, the $100K fee exists and applies under certain circumstances, essentially if the beneficiary is outside the U.S. or ineligible for a change of status or change of employer. Most companies are simply not pursuing H-1B petitions where the $100K fee would apply but there are exceptions.

It's possible to extend H-1B status beyond the 6-year max-out period if the beneficiary is in the green card process. But if the beneficiary isn't in the green card process, then the most common option is the O-1 and while it's getting harder to get an O-1, it's still within reach of many talented professionals and founders.

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

#82

Earlier quoted context omitted.

Sorry. Which situation?

Probably the 'current situation' which has seen a radical shift in immigration policies not seen in many decades.

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

#84

My partner is a refugee due to her former homeland making her a political prisoner for advocating for democracy on the internet. Her green card was approved in 2023 and she’s been here since 2017. She works full time and has no criminal record (and doesn’t engage in activities to cause a change there). We are not married, though that could change eif it offers meaningful protection for her. I’m a white guy born in US…

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

#85

A bit general but can you talk about immigration law regarding ITAR regulated industries? If someone is a a EU citizen and wanted to work in aerospace in the US, would that be possible in general? What kind of visa or green card would they need? Would they be able to work on everything like a US citizen or are there areas that are restricted?

The short answer is yes but the EU citizen might be restricted in what he or she can do or where he or she can go. We have many clients in ITAR-regulated industries and they routinely hire foreign nationals.

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

#87

My partner is a refugee due to her former homeland making her a political prisoner for advocating for democracy on the internet. Her green card was approved in 2023 and she’s been here since 2017. She works full time and has no criminal record (and doesn’t engage in activities to cause a change there). We are not married, though that could change eif it offers meaningful protection for her. I’m a white guy born in US…

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

#89

I never really understood about PERM. Suppose I am a manager on a team and one of my employees is going through the PERM process. I'm supposed to put out a job advertisement (but the job isn't real) for my employer. If an applicant passes the interview process, I don't have to hire that person (I probably can't - I don't have budget or permission from the organization). But I do have to honestly say if they have all…

I think everyone would agree that the PERM process is an awful process for both applicants and for employers. The job is supposed to be treated as an open position and the recruitment is supposed to be done in good faith. So, if a qualified, willing, able, and available U.S. worker applies for a PERM job, the employer either must hire this person or terminate the PERM process and wait at least 6 months before restarting it. Now, where there are multiple openings for the position, then it's possible for an employer to hire a U.S. worker without terminating the PERM process for the foreign national employee.

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

#90

Not sure if this is too high level, but do you have a "dashboard" of sorts for very high level US immigration stats for tech you could share? Perhaps you have access to a series of charts that show overall visa applications, then broken down by type, the change over time (by year, for instance) and then the approval/denial rates and the change in those rates over time? You obviously have a front-row seat to how curre…

I should have that but I don't but I'd be happy to try to answer specific questions about specific visa/green card types.
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