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

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201–210 of 272 posts

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

#201

How do you see the increase in robotics and AI on your work over the next couple of years? Will demand drop in general or will we continue to see an influx of people with a diminishing amount of jobs?

That's a good question. I've thought various changes over the years would slow the influx of people to the U.S. but they never have and in fact the interest in living and working in the U.S. only continues to grow.

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

#203

Earlier quoted context omitted.

EB1As are extremely difficult to get right now. This is particularly true for non-scientific/research/academic employees who are not very highly compensated.

Small clarification on wording here (non-). Do you mean academics/researchers are finding it challenging? For context, am postdoc and I was told by a local immigration firm, within the last year, that I had a good profile for EB1A.

Sorry for the poor wording. It's tougher for those who are not in academia or research.

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

#204

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…

The State Department publishes some of that data, although there's nothing specific to tech of course.

https://travel.state.gov/content/travel/en/legal/visa-law0/v...

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

#205

Earlier quoted context omitted.

Explicitly and openly not acting in good faith.

That is your contention though. The government needs to prove that in a court of law that they are violating the statute or the regulations.

Oh come on, are we seriously acting like jobs building out react components or java endpoints are remotely complicated and not a skill that could be trained within 3 months?

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

#206
post #107

Do visa holders have to register for military drafts?

See here: https://www.sss.gov/register/who-needs-to-register/#p1 . Essentially, U.S. citizens and green card holders need to register but there are other groups as well.

If a green card holder received his green card at, say, age 35 and did not register (as I understand it, only men aged 18-25 are required to register), would that in any way affect his chances for later naturalization?

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

#207
post #25

Thanks for doing this. - How difficult has it become to get O1 for founders compared to say 5 years ago? -What advice would you have for founders who think they should be able to get O1 once they have a bit of seed money (say YC, 500k) and press coverage?

It's definitely more difficult but well within reach of founders (particularly founders with funding and organic press coverage) and talented professionals. That is, until very recently. It's too early to say whether this is a trend or an aberration but the past few weeks we've seen USCIS apply a different standard, one similar to the EB1A standard. If this is a trend, then I suspect that the RFE and denial rates for…

Is it just aligning to EB1A standards, or more rigorous and picky process in general?

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

#208
post #188

Earlier quoted context omitted.

Generally lawyers need to be involved to make sure any rejections are compliant. There's a whole cottage industry around this. Personally, given the state of unemployment in the tech sector right now, I think it should be virtually impossible to fill a PERM right now because pretty much any position could be filled with a US LPR or citizen and the only reason it isn't is because the whole process is deliberately obfu…

> I also think that doing layoffs in the US should disqualify you from doing any PERM or sponsoring any visa for 2-3 years. This is a very SW mindset, and makes no sense in other circumstances. If my company canceled a large SW project, and laid off a lot of SW folks, why should that prevent them from sponsoring someone to work on nanoelectronics?

In this day and age where every company is playing _very_ fast and loose with their LPR/citizen employees' lives and livelihoods, yes, I think PERM should be a very strict and easily lost privilege across the board for the whole company, not a right. If we had sane employee protections in this country maybe my opinion would be different.

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

#209
My family and I all have green cards, but for the last 3 years, we have been living outside the US (in India) with re-entry permits. I work for a large tech company and have technically been "on assignment" for that time, but honestly, we've more or less shifted base entirely to India at this point.

Our re-entry permits are coming up for renewal soon. We're considering giving up my wife's and kids' green cards, and keeping only mine. The reason for keeping mine is twofold: (1) most of my assets are in the US, and I want to take my time shifting to non-US-domiciled assets to avoid the non-resident estate tax; and (2) I still travel frequently to the US -- 3 or 4 times a year -- for work.

Do you foresee any problems with my family giving up their green cards now, and me holding on to it?

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

#210
post #188

Earlier quoted context omitted.

Generally lawyers need to be involved to make sure any rejections are compliant. There's a whole cottage industry around this. Personally, given the state of unemployment in the tech sector right now, I think it should be virtually impossible to fill a PERM right now because pretty much any position could be filled with a US LPR or citizen and the only reason it isn't is because the whole process is deliberately obfu…

> I also think that doing layoffs in the US should disqualify you from doing any PERM or sponsoring any visa for 2-3 years. This is a very SW mindset, and makes no sense in other circumstances. If my company canceled a large SW project, and laid off a lot of SW folks, why should that prevent them from sponsoring someone to work on nanoelectronics?

> why should that prevent them from sponsoring someone to work on nanoelectronics?

Because companies should be held accountable when they make mistakes in hiring. The employees shouldn’t have to bear the burden of their employers mistakes.

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