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

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171–180 of 294 posts

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

#171

A bit "off topic" but this is called AMA, so why not: To which degree do you see your own profession (law practice) changing with AI? As an outsider it looks like most of the legwork, research work or basically anything a non-senior attorney would spend their time on could soon be done by LLMs. How accurate is that impression? What future do you envision for law-related professions?

I can only speak about immigration law and AI is changing it significantly. This might also change but right now I think a lawyer is still needed to understand the nuances of the law, to understand the risks of different approaches, and to determine the best strategy, but more and more, initial legal research and initial drafting are being done by AI.

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

#172

What's the fastest timeline to get green card under EB-3? What things does the employer company does that could speed things up like batch process, generic existing applicable job posting?

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?

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

#173

Would licensed lawyers' monopoly on the right to give legal advice in the US survive a First Amendment challenge if it ever reached the Supreme Court?

I believe that it already has reviewed this question and to be clear, it's not the right to give legal advice, anyone can do that, it's the right to represent others in legal proceedings and before government agencies and to charge fees for the provision of such services.

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

#174
The sex designation on my birth certificate has changed since the last time I got a work visa. Am I at risk for trying to enter the US on a new work visa as an engineer, or on personal travel?

https://www.erininthemorning.com/p/marco-rubio-may-have-just...

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

#175

Earlier quoted context omitted.

Podcasts are a very significant medium, and Dwarkesh is probably comfortably in the top 1% of podcasts. Isn't that exactly what O-1 is for?

At the time he barely had 10k subscribers. The merits of the "genius" VISA should be for research and engineering endeavors.

O-1 isn't a genius visa, it is for [1] Individuals with Extraordinary Ability or Achievement, the government website specifically calls out categories that are not research or engineering.

[1] https://www.uscis.gov/working-in-the-united-states/temporary...

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

#176

Has YC rejected applicant because of possible visa issues due to country of origin because of travel bans? Should those still apply for YC?

These questions should be addressed to YC. All I can say is that I have seen founders from just about every country around the world accepted into YC.

Right, apologize about misunderstanding.

My question is in fact is there a chance to request waivers about founders seeking O1 visa that are affected by the recent travel ban on certain countries (with Iranian passport)?

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

#177

Hi Peter, Asking for someone else: is the NIW category still backlogged? If the goal is to get a green card within the STEM-OPT extension timeline of 2 years, for someone who has very high achievements that fit either NIW or EB1A categories, which of these is likely a better option? I'm hearing some rumors that NIW can happen faster these days. Thanks!

The NIW (EB2) category is still backlogged and the standard as applied by USCIS has changed significantly and I would argue now isn't much easier than the EB1A, which used to be one of the reasons to pursue an NIW. With the changing standard and the worsening backlogs, the EB1A is the much better option, although a higher standard, and probably worth aggressively pursuing.

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

#178

Earlier quoted context omitted.

Australian who's been in the USA almost a decade in 4 different roles, each requiring a new E3 as well as multiple E3 renewals; I've found that companies are pretty eager once they hear that you only need an E3 visa. Unlike H1B the quota for E3 visas are never hit. Companies view it as a very straightforward and guaranteed process. Assuming the company files their side of the paperwork in a timely manner, From accept…

Great info, thank you. How's working there compared to Aus? Do you enjoy it?

West coast climate and culture is the same as East coast Australia so that part is straightforward. Easy to make friends and a good life in that aspect.

For work-life balance I will acknowledge the biggest boom times are over. It was ridiculous at one point and the best move of my life. Nowadays though all big tech are starting to adopt some form of stack ranking and demands and pressure are going up while benefits are falling so it's not nearly as good as it once was.

Big tech is still ~5x take home pay though. I see a stint of working in the USA as necessary given Australian house prices. Do it for as long as you can stand, don't live up to the lifestyle of the wages. The net result is a big win for your life. As in if you work here for a year and get hit with layoffs? You'll still have 5x in savings for that year as you would have had in Australia.

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

#179
post #109

Earlier quoted context omitted.

(not peter) It is absolutely wild that people are posting about the ways that they have broken the letter of immigration law on here using their regular accounts and identifiable IP addresses.

Serious question, does anyone actually care about immigration law at this point? Because on the surface it doesn't seem to matter if you followed the law exactly or you completely ignored it if you're someone targeted by ICE. They seem to find their target and then work backwards on how to deport them. Is anyone who wouldn't normally be in the sights of an ICE agent getting targeted by some HN comment?

Yes, ICE put out RFIs in the last month for companies to provide AI and other analysis for mass lead generation.

ex

https://sam.gov/opp/83693d33244e424191f58271c7faf72b/view

People who previously "flew under the radar" will now become investigation leads.

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

#180
post #174

The sex designation on my birth certificate has changed since the last time I got a work visa. Am I at risk for trying to enter the US on a new work visa as an engineer, or on personal travel? https://www.erininthemorning.com/p/marco-rubio-may-have-just...

Where there was no risk, there now is some. I'm not saying don't travel but absolutely consult with an attorney before doing so because this is an evolving issue.
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