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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

#181
post #45

why is ycombinator promoting immigration thru H1B when so many US born CS grads are finding it hard to get job. In 2023, American colleges graduated 134,153 citizens or green card holders with bachelor's or master's degrees in computer science. That same year, our federal government handed out work permits to at least 110,098 foreign workers in computer occupations through just three major guest worker programs. That…

That's not an apples to apples comparison. You don't know if the foreign workers were senior-level employees, for example, or whether there were specialized requirements they might have been hired against that entry-level grads won't qualify for. I agree there should be more entry-level roles. But this is not an indictment of the system. You should ask what percentage of those foreign workers were hired into entry-le…

I'll also point out that it's actually harder for entry-level foreign workers (read: international students) to get jobs in general. F1 visa students are limited to one year of OPT, unless they have a STEM degree, in which case they can work for two more years for an e-Verified employer only in a field related to their major. There are significantly fewer e-Verified employers in the country. So you have a concentrated labour pool vying for a much smaller fraction of jobs than the general population - remember, we can't even be employed at McDonald's on STEM OPT.

Another factor that complicates the analysis is that foreign students do not necessarily represent the same cross-section as US students. The high cost of US education tends to bifurcate the sample size into a bimodal distribution: you have rich foreign students who can afford tuition rates, or you have scholarship students who earned their scholarship quite fairly thanks to merit. Neither population can be fairly compared against the average US citizen in terms of hiring likelihood - either you're pitting the top 1% of someone in the home country to the median US student, or you're comparing someone who's got the resources to find opportunities in ways US students can't.

Finally, it's been my experience, seeing others though the F1 -> H1B pipeline, that most people pursue that pipeline through a master's degree rather than a bachelor's degree. This is because both immigration law and tuition rates incentivise shorter programs for advanced education. If you're comparing the hiring rates of master's students to bachelor's students, naturally you're going to get a revealed preference for master's students.

tl;dr the simple statistic cited needs critical questioning.

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

#183
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.

Thank you

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

#184

Earlier quoted context omitted.

Your green card process will have two steps, the I-140 filing and then the green card application, either in the U.S. with USCIS (known as an I-485 application) or outside the U.S. with a U.S. Consulate (known as an Immigrant Visa application). During the I-140 stage, there is some risk traveling on an F-1 or an E-3 visa (with the F-1 riskier), but this risk is relatively low and can be mitigated. One way to reduce t…

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.

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

#186
post #49

My time to apply for citizenship based on my EB green card is approaching (4 years and 9 months, right?). Is it still advised for employment-based cases without children to file the N-400 without a lawyer? Additionally - I will be getting married, to a US citizen, after filing the N-400 but likely before it will be approved or before the oath ceremony. Does that change the answer? In theory, she's not benefiting my c…

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

#187

If you want to get a visitor visa to attend an incubator like YC, is it better to: 1) wait to be admitted into YC and get B1 visa for 3 months. Do you get some kind of invitation letter from YC that increases your chances of approval? 2) get a normal tourist visa now and specify you will go to the US for a week or two like a normal tourist and later use that to go to incubator training.

There's no need to get a new B-1/B-2 visa to attend YC if one already has such a visa. But when to try to get such visa if one doesn't have it already, whether before or after getting accepted into YC, will depend on a variety of factors specific to that person, such as his or her countries of citizenship and residence, current employment/student status, U.S. immigration history, etc.

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

#189

Is it legal to rehearse or practice how to interact with border guards? I don’t need to explain why someone could be deeply anxious interacting with US border officials… it should be obvious to anyone with half a brain. And since looking anxious is a sign that you could be concealing things, thus drawing more attention from border officials… Coaching on how to handle an experience and avoid that anxious spiral and mi…

It's 100% appropriate and in fact highly recommended to prepare oneself when seeking admission since the admission process can be stressful. Preparation here doesn't mean deceit; it just means being truthful but well prepared, not being caught off guard.

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

#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-140 from a spouse potentially signals immigrant intent for both, and it is at the discretion of the CBP agent to make this assessment.

More generally my understanding is that even if her I-140 was approved, and we stayed in the US until the I-485 was filed, that would permanently make me not eligible for any future E-3.

Is this accurate?

I previously was thinking of following the E-3 -> EB-3 -> GC route myself, but I don't see how I can do this if I'm sacrificing the E-3 if anything goes wrong.

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