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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

#361
post #10

There has been a bunch of chatter in Canadian founders whatsapp groups about people getting detained for long periods of time coming into the states either at SFO or pre-clear in Canada. Are you advising Canadians travel with any additional documentation these days?

[deleted]

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

#363
post #263
post #254

Earlier quoted context omitted.

I agree with you about the dishonesty of saying yes (as I replied in another comment). That said this is a choice you're making from what sounds like more religious reasons. Your company and your choice but it's not hard to employ TNs in a startup (and I know because I had TN status with two startups so I'm a little ahead of "brief reading of reddit posts"). TN status can also be applied for in advance by the way, do…

While I was only speaking in hypotheticals about companies that only want to hire people who have legal status (no one has asked us to help them get TN status), I'd rather do zero paperwork by hiring people with existing status, than (allegedly) "not hard" work to support TN hopefuls, especially given the US government is liable these days to randomly change things around and cause chaos - especially in areas likely…

I mean you are clearly not prioritizing talent, and that's fine. Does not change the fact TN is really simple.

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

#364

Earlier quoted context omitted.

Doesn't matter since the EB1A requires a separate assessment that is not tied to the underlying status. But between the two, because of the inability to travel on an O-1 visa while in the last stage of the green card process, the H-1B is slightly better.

Thank you for responding so quickly. I asked this question in the first place because I heard/read that an EB1A application is a little more likely to be accepted if you already possess an O-1 visa. The reasoning behind this being the similarity in the eligibility requirements for the O-1 and EB1A applications make them more “compatible”. What do you think of this?

It’s not true. There are two steps to EB-1A: the statutory criteria, functionally identical to the O-1, and a final merits determination where the examiner evaluates the totality of evidence to determine if you belong to the small percentage at the top of your field. This is a far higher bar than O-1. Additionally, each petition before USCIS is evaluated independently, except for subsequent O-1 petitions with substantially similar facts. In such cases, USCIS policy and the APA’s prohibition on arbitrary and capricious action generally require approval absent extraordinary circumstances.

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

#366
post #10

There has been a bunch of chatter in Canadian founders whatsapp groups about people getting detained for long periods of time coming into the states either at SFO or pre-clear in Canada. Are you advising Canadians travel with any additional documentation these days?

Im a Canadian and go to the US for work fairly regularly. Something I didn’t realize is that the laws are different in preclearance areas. https://laws-lois.justice.gc.ca/eng/acts/P-19.32/FullText.ht... For example, you are allowed to withdraw your application to enter the US and leave the preclearance area. Additionally you are bound by different laws for search and siezure. At this point I am only going to the US t…

Thank you for mentioning this!

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

#367

Hi Peter. I am a Lead Computer Vision Engineer, working remotely at Veryfi (YC 17). I am a citizen of Russia, living in Armenia for last 3 years. We applied to O1 visa, got approval from the USCIS, then got visa stamps and at the day of my flight visas were revoked. Embassy said to reapply - I did and now it's been 11 months of Administrative processing (as they said in the DoS). My employer tried writing to the Cong…

Not a lawyer here.

My advice would be to relax, enjoy Armenia, and assume you are not entering the U.S. in the next couple of years, for any reason. Administrative processing (I assume you actually mean 221(g) refusal) can easily take 1-2 years. The most extreme case I've heard of took 4 years.

In 2016-2020 writing to a congressmen could actually help: https://daniel.haxx.se/blog/2020/11/09/a-us-visa-in-937-days... , but not anymore. Last year I've heard about some success stories with U.S. courts. Still, it took for one O-1 person about two years from the initial visa interview.

I've also never heard of anyone getting any timeline estimations.

A related small thread with Peter's response: https://news.ycombinator.com/item?id=44006801

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

#368

As someone who is a US Citizen, what is something about the immigration process that I probably do not know about, but causes a lot of issues/could be improved.

I have lots of examples: * By law, the US can only issue 140,000 employment-based green cards per year, and no more than 7% to one country. This means people from India or China can face a 100+ year backlog, even after they have proved they qualify for a green card. There's no cap on marriage-based green cards. * Processing times for many green cards (i.e. for people who have already qualified, but just need the phys…

Hyperlinks are often banned in various kinds of petitions and applications. Mostly to ensure that the entire application is submitted at once and does not change afterwards. Then you can process the application in multiple passes (maybe first for the formal requirements and then for the actual content), confident that the conclusions from the earlier passes are still valid.

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

#369
post #28

Not legal advice but I'm a US citizen and when I've refused to answer their intrusive questions the worst that has happened to me is they imprisoned me, stripped me naked and searched me, got a fraudulent warrant for an internal body search, and then sent me the bill after dumping me at the border when they found nothing. Enjoy.

> and then sent me the bill

wow, what a horrible way to add insult to injury

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

#370

Earlier quoted context omitted.

This is why I only fly back from Europe via Dublin international.

And from Asia via Abu Dhabi.

It’s shocking to me that Heathrow doesn’t have pre-clearance.
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