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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

#11

Post by quibono »

proberts wrote: post #5
trycatchthroawy wrote: post #2

I have a question for a friend who is looking to work at US-based companies either remotely and is open to relocating and moving there if required, but she is from the UK and a citizen there who just left her job as a software engineer at a startup in the UK recently. She is looking to be able to legally work for some of these US based companies and is also interested in US startups but when applying she cannot answe…

U.S. work authorization isn't required to work for a U.S. company if the worker will be working remotely outside the U.S. Regarding her work visa options, they are limited. The only option immediately available is the O-1 visa, which is for people of "extraordinary ability," a high standard but attainable by many talented professionals. The H-1B "professional worker" visa is much easier to qualify for but it's only a…

Thank you very much, I'm in a similar position as OP's friend and this is very helpful!

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

#14

Post by proberts »

morpheuskafka wrote: post #12

Since it was coincidentally posted as a news thread today, it might be nice to clarify here when the new $250 nonimmigrant visa fee takes effect and who it applies to?

My understanding is that it applies to all approved visa applications and is billed when the visa is issued. I believe that it takes effect immediately but there was some confusion about this. I will try to confirm and advise on this thread.

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

#15

Post by morpheuskafka »

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.

It's open to things like sport and entertainment, so definitely not everyone has many (or any) degrees. Assuming your field is somewhat science based I don't know how realistic it would be with no degree, but you can search some blogs about it, people have covered what they did to rack up publications and stuff to check all the boxes (if their work/field wouldn't have otherwise needed them).

If you are starting your own business, the treaty investor visa could also be a good route. It doesn't require as much investment as the investor green card; it is a nonimmigrant visa similar to the O-1.

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

#18

Post by threway742 »

Hi there, I'm working in the UK on a work visa. I previously applied for a US position at Fermilab and NASA ADS. Although, I didn't get the position I was told the H-1B visa process for these positions was much simpler (not through lottery) as they fall under a special category.

Can you advise other what other sectors offer these privileges? Also, if I get the H-1B through this process, am I allowed to switch to a different employer in the future?

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

#19

Post by morpheuskafka »

morpheuskafka wrote: post #12

Since it was coincidentally posted as a news thread today, it might be nice to clarify here when the new $250 nonimmigrant visa fee takes effect and who it applies to?

Hmm, so it looks like no on really knows when it takes effect, the law itself specified a cost for the current fiscal year, but in addition to the usual time to implement the fee in the IT systems, there appear to be two issues: what rulemaking notices/approvals are needed to decide and impose it (the law allows the executive to decide the fee, it just sets a minimum), and the fact that DHS not State is supposed to collect it, which would greatly complicate processing.

State already has a global cashiering system for visa fees that would have been easier to use, although DHS collecting fees is not without precedent. For one, the SEVIS fee (a surcharge on student visas) is paid directly to DHS by credit card. For two, the surcharge on green cards is paid to USCIS, but this one is not actually enforced before visa issuance or arrival (they will not mail you the card if you don't pay, but you still have the status).

https://www.cnbc.com/2025/07/18/visa-integrity-fee-what-to-k...

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

#20

Post by proberts »

square_usual wrote: post #10

Hey Peter! Thank you again for doing this series. Apologies for the broad question, but do you think it applying for PERM during the current administration is a good idea? My understanding was that in the first Trump administration, PERM denials went up quite a bit, and with immigration being an even larger concern for the second administration I'm wondering if it makes sense holding out for a few years if that's a p…

As odd as it might sound, there seems to be an effort on the part of the DOL to speed up the processing of PERM applications, which are now taking longer than ever. From an outcome standpoint, I haven't seen an uptick in denials or bad decisions.
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