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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

#261

Post by dominotw »

BeetleB wrote: post #191
jmyeet wrote: 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?

you comment ironically is sw mindset ..well akshually.

everyone knows the gotcha you are think you have uniquely discovered. ppl are just tired of the whole thing and want absolute rules that are easily understood and transparent.

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

#262

Post by throwaway219450 »

proberts wrote: post #203
throwaway219450 wrote: post #170

Earlier quoted context omitted.

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.

Thanks, no problem!

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

#263

Post by philwelch »

jmyeet wrote: post #188
BeetleB wrote: post #163

Earlier quoted context omitted.

> The job is supposed to be treated as an open position and the recruitment is supposed to be done in good faith. So, if a qualified, willing, able, and available U.S. worker applies for a PERM job, the employer either must hire this person or terminate the PERM process and wait at least 6 months before restarting it. The "or" part in the last sentence is worth noting. At the place I've worked, the employer invokes t…

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…

> Generally lawyers need to be involved to make sure any rejections are compliant. There's a whole cottage industry around this.

That's why most PERM job postings are advertised in the classified ads of the print edition of a newspaper, instead of anywhere that anybody actually looks for jobs in the 21st century. If nobody applies, nobody needs to be rejected.

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

#264

Post by philwelch »

catlifeonmars wrote: post #210
BeetleB wrote: post #191

Earlier quoted context omitted.

> 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.

If the penalty for hiring too many people for the wrong job role is being barred from hiring people ever again even for a different job role, then companies are just not going to hire people in the first place.

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

#265

Post by dzonga »

immighelper wrote: post #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 k…

since your kids don't file tax - might as well keep it.

your wife - that's for you & your wife to discuss - if say - you or your wife need to travel to the us frequently.

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

#267

Post by lazyasciiart »

confidantlake wrote: post #248
lazyasciiart wrote: post #214

Earlier quoted context omitted.

Any decent immigration attorney who works with tech companies has a virtually unlimited stream of work available. I very much doubt this is the reason for the posts.

Seems unlikely since lawyers have a notoriously high un/underemployment rate. Unless we are using circular reason to define "decent" as anyone with unlimited demand.

“All lawyers” is a meaninglessly broad group to compare to “experienced immigration lawyers with strong connections in an industry that requires a lot of immigration lawyers”.

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

#268

Post by confidantlake »

lazyasciiart wrote: post #267
confidantlake wrote: post #248

Earlier quoted context omitted.

Seems unlikely since lawyers have a notoriously high un/underemployment rate. Unless we are using circular reason to define "decent" as anyone with unlimited demand.

“All lawyers” is a meaninglessly broad group to compare to “experienced immigration lawyers with strong connections in an industry that requires a lot of immigration lawyers”.

"Any decent immigration attorney who works with tech companies" is very different from an "experienced immigration lawyers with strong connections".

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

#270

Post by aprilthird2021 »

jen20 wrote: post #249
aprilthird2021 wrote: post #235

Earlier quoted context omitted.

I'm convinced people who say this: > 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 are crazy deluded about the quality of the average US citizen software engineering job applicant vs the quality of the person doing that job. Or you haven't ever actually done hiri…

> the average CS graduate from an average or low tier college in the US is not as good of a hire as the average int'l MSCS degree holder. That is an abjectly insane statement. The quality of higher education varies massively throughout the world outside the US, just as it does within the US. It also assumes that education in computer science is sufficient to become employable in the technology sector, which is in and…

It's not insane.

Yes education quality in the rest of the world can be bad also, but the people in the rest of the world who are able to immigrate to the US are richer and thus generally smarter, which accounts for that.

Yes I don't agree with the assumption you stated at the end, but many claiming we should stop H1B or disallow PERM think that's enough to be employable

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