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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

#231
I just have one question my brother got deported 2017 he has been in this country for 20 years came here as refugee but ran into some criminal charges violent felony landed him in prison in 2010 he has 2 kids here is there anyway he can return?

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

#232

my husband is an amercian, i'm canadian, we've been separated for a while and we've been living in our respective countries, but still married. i want to move to the US, and he's willing to sponsor me as a spouse. a lot of our relationship difficulties have been resolved and we could definitely tolerate each other enough to live together for several years, and all of our close family and friends know that we love eac…

I'm not a lawyer and I don't know much about US immigration law. However, I've moved around the world a fair amount and had to get lots of visas. One of the things that's super important with a visa is to make sure that you qualify for that visa. For the US, I believe that it's actually illegal to apply for a visa knowing that you don't intend to follow its rules. For example, you might be able to get visa A easily,…

Sorry to disagree but what you said is simply not true. If she stays long enough in the US with her spouse, and she gets a green card or citizenship then you are not obligated by any means to stay forever with that person. Tricking the system might be immoral but it is by no means illegal, pretty much the same way tax lawyers find loopholes in the law to help corporations pay less taxes.

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

#233

A slightly frivolous question but I'd like to hear your opinion. If you were to design an immigration system from the ground up, how would you do it? How would you decide who gets work visas etc? I deal with immigration to Japan a fair amount and while I feel the system is relatively favourable for workers it can be extremely capricious and opaque.

I'm curious what problems you've seen with the Japanese immigration system. Every time I've had to do anything it's been literally a rubber stamp type affair. I admit to not having to deal with any grey areas, though. I've always obviously fit the criteria for the visa.

Here's an example I ran into - the Highly Skilled Professional visa has a hidden requirement of being eligible for one of the other visas, first. This requirement is only expressed (as far as I know) in internal memos given to the immigration offices and not posted anywhere in the English language internet. So, if you don't have a degree, you can be eligible at first glance for an HSP visa (due to a combination of age and countable years worked) but ineligible to actually get it, due to not having 10 years of countable experience.

Edit: It's also not clear at first glance what counts as "work experience" - if you have first and last paycheck + contract it's easy, but if you don't it's fuzzy. Open source or hobby programming is no good.

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

#234
Peter, Thanks for the AMA! Some of my friends have been denied work visa at the time of their interview even though their joining offers were from the big four. Given your experience, what are some of the things which have changed in the visa approval process since 2017? I am specifically referring to H1-B and L1 visas. I hate to believe that the process would simply increase the number rejects on baseless grounds just to limit the number of visas granted; yes, it may be true that USCIS are giving details like job duties a closer look to ensure if the applicant qualifies for a visa or not.

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

#235

Are you familiar with immigration to countries other than the US? I have been working in this country as a web developer for the past 2 1/2 years now; I have American and Hong Kong citizenship. (I would be willing to renounce one of them). I was thinking of eventually working in New Zealand or Japan and possibly settling down there as well. I was wondering how difficult it would be to secure employment in my field th…

I can give you some info on working in Japan. I'm not a lawyer and I also haven't done any of this (I live in Japan on a spousal visa). However, I'm relatively familiar with the rules. I have a consulting company and at one point I was considering bringing in someone -- in the end I decided it was too risky financially and gave up.

One thing I will say up front, though: you need a bachelor's degree from a recognised university to have any chance of working in Japan normally. If you don't have one, that will have to be your first stop. This will help for getting visas in practically any country.

Anyway, here's what I learned at the time. If you have a university degree in an "engineering" field and can get a job offer for an IT job, you can fairly easily get sponsored by a company. There are some big companies, especially in Tokyo and Osaka that regularly hire foreigners (Rakuten is probably the biggest, but there are others). There are also a lot of US companies that do development in Japan. If you get a job for one of those US companies and work for them for at least a year, you can get an inter-branch transfer visa (I forget the Japanese) to work in Japan. Since you have American citizenship, that's a relatively easy way to get into the country -- you just need to join large companies that do development in Japan. There are also some big Japanese companies that have offices around the world: Hitachi is a big one, but for example, I have a friend who used to work for Square-Enix doing IT work in the UK.

Finally there is a points based system. If you are hoping to live in Japan long term (without a family member who is a citizen), this is by far the best route to go. http://www.immi-moj.go.jp/newimmiact_3/en/pdf/171110_point_c... You need 70 points to qualify, which is fairly difficult, depending on your age and accomplishments (best return of points for time invested is probably a Master's degree, which will give you 20 points... If you apply yourself, you can probably pass JLPT N1 language test in 2-3 years which will give you 15 points -- after that, you need to make sure to get a high salary). The main advantage to this system is that it's gives you a fast track into permanent residency for you and also allows you to sponsor family members.

Finally, for citizenship, it's really just a matter of time. If you stay continuously in Japan for 10 years, you can appy. You would have to renounce all of your other citizenships, though, so it's a big deal. You also need to show that you can fit in well in Japanese society. This is through a series of interviews as well as a written essay that you have to do. There is a lot of hoop jumping, but if you are unhappy jumping through hoops, then you are not Japanese :-)

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

#236
post #212
post #68

Earlier quoted context omitted.

I've been tracking the Australian and Canadian systems for the last ~10 years, and it seems they keep learning from each other and making adjusts accordingly. Both countries use a points-based immigration system[0], so there's much more flexibility in adjusting for specific skill shortages or regional areas. [0]: https://en.wikipedia.org/wiki/Points-based_immigration_syste...

I'm Canadian and my friend got PR within 3 months because of the points system (Masters, fluent English ability etc.) In comparison when I sponsored my wife for PR in Canada it took about 13 months. I'm now going through the Green card process in the US employer sponsored and it looks like it will take 2 years.

It's funny you say that. I'm Canadian and my wife is Japanese. She wanted to live in an English speaking country to help with learning English. It was much, much easier for me to get an Ancestry Entry Permit in the UK (my gradfather was English) and sponsor my wife (immediately, with the right to work and with NHS health coverage almost immediately) than to sponsor my wife to Canada. Absolutely crazy. I've heard it's slowly getting easier, but it's really shockingly bad. When I got my spousal visa to Japan, I applied and received it (for free!) 1 week later.

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

#237
Hi Peter,

Would you happen to know anything about the H1B1 visa for Singaporean nationals? In particular, if I'm Singaporean (and hence qualify for the H1B1), would that still count as 'needing sponsorship" when applying for jobs? I'm currently finishing up a non-STEM PhD, and will be eligible for the 1-year OPT; I plan to apply for both academic and non-academic jobs.

Thanks in advance for your time!!

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

#238
Does it make sense to try to switch from L-1B to H-1B? In particular, are there any downsides?

The way I see it: the H-1B would allow 1 year more (6 vs 5), increase flexibility (employer + position) and if it fails one can just continue with the L-1B. Do I have that right?

(Background: My L1-B expires end of 2020; I would renew it if H-1B is not granted first. Also we're working on EB2 via advanced degree, but are just restarting the PERM labor certification due to layoffs.)

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

#239
post #232

Earlier quoted context omitted.

I'm not a lawyer and I don't know much about US immigration law. However, I've moved around the world a fair amount and had to get lots of visas. One of the things that's super important with a visa is to make sure that you qualify for that visa. For the US, I believe that it's actually illegal to apply for a visa knowing that you don't intend to follow its rules. For example, you might be able to get visa A easily,…

Sorry to disagree but what you said is simply not true. If she stays long enough in the US with her spouse, and she gets a green card or citizenship then you are not obligated by any means to stay forever with that person. Tricking the system might be immoral but it is by no means illegal, pretty much the same way tax lawyers find loopholes in the law to help corporations pay less taxes.

What you say is completely true, but not actually at odds with what I said. You intention is important when applying for a visa. If you are only staying with your spouse in order to get residence status, I believe you are in violation of your visa. However, it's important to get an immigration lawyer to help.

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

#240
post #24

Is there any country you think is doing a better job than the US in terms of skilled migration policy? edit: typo

> Is there any country you think is doing a better job than the US in terms of skilled migration policy?

The EU Blue Card (university degree, job offer with at least ~55k€ salary) is usually processed within a month, sometime in a couple of weeks.

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