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

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11–20 of 289 posts

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

#11
This might be orthogonal to your position, but I'll ask it anyways.

As an American citizen, what's the best way to protect my career so my job isn't sent overseas or pushed to an H1B (or equivalent) at starter IT salaries?

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

#13
post #7

Any predictions on the India EB2/3 backlog? Is it really going to take 5 years to clear 2009?

On a similar note, any chance of an immigration reform in medium term like 3-5 years that would help reduce the backlog for Indians on EB2/EB3? If not, any alternatives apart from EB5, EB1 that you could suggest?

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

#14
post #9

There's a bill from a Kansas republican senator that is trying to remove the country specific quotas for EB2s which will probably benefit the Indian and Chinese people. What chance it might have of passing the senate?

It's really hard to say because even in this world of divided/tribal politics, immigration crosses party lines. While I don't think that it is impossible, I still think that this isn't likely to pass.

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

#15

How difficult it is for a foreign worker to be employed by an H1-B visa? What if the candidate loses the lottery process? Would they have to apply next year? Would they be cap exempt next time? Do companies have guaranteed quotas from USCIS for foreign workers? And by the way, thanks for doing this.

It's a pure lottery and the chances depend on the number of petitions that year but historically for those without a master's degree or higher from a U.S. school, the chances of getting selected were around 30%. There are no per company quotas,

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

#19

This might be orthogonal to your position, but I'll ask it anyways. As an American citizen, what's the best way to protect my career so my job isn't sent overseas or pushed to an H1B (or equivalent) at starter IT salaries?

Not Peter Roberts, but the best protection for you here is to push your legislator to get rid of the H1B rule restricting the free movement of jobs. H1b's can't freely change jobs and therefore stay stuck at low salary levels. This is why, by and large, employers hire H1B's.

Once we get rid of that restriction, an H1B will match your salary level: an actual free market where you will probably win.

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

#20
post #12

The processing of successful H1B visas seems to be taking much longer this year than in previous years. Could you shed some light on to why this is?

Yes, unbelievably slow. Anecdotally, at least 25% of the cap-subject H-1B petitions that we filed last year are still pending. The why is tough. Many people think that it's the result of general hostility by the current administration toward the H-1B program. But there's no question that the rate of requests for evidence and denials are much higher than ever before that many of these are without legal basis.
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