Do you feel the H1B system denies jobs to Americans or suppresses wages for those with jobs?
I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
71–80 of 418 posts
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#72Thanks Peter. With an American wife, and an Australian Passport, what would you recommend as the best path to move to the US?
An E-3 requires a job offer but with a job offer, the E-3 is much faster, easier, and cheaper than a marriage-based green card application. After you are here, if you decide that you'd like to make your permanent home here, you can apply for a green card even if you are in E-3 status. That just shouldn't be your intent now when applying for an E-3 visa.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#73Do you feel the H1B system denies jobs to Americans or suppresses wages for those with jobs?
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Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#74Earlier quoted context omitted.
I understand there is updates being made to the space export control rules ( https://www.space.commerce.gov/new-space-export-control-rule... ) regarding space/satellite components that were previously classified as ITAR. I've been curious to know if this will enable Canadians to apply to some space/aerospace technology companies in the US that were restricted to US citizens only?
We've done a lot of work for satellite and space weather companies and the feeling I've gotten from my clients is that these changes will open up jobs at space/aerospace technology companies for foreign nationals but right now, it's too early to tell.
Thanks for sharing!
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#75Most posted job positions in the US, that I see, explicitly state they will not sponser candidates. But how receptive are they to TN visa candidates and do you see that attitude changing in the near future?
That's mostly a knee-jerk ignorant position since it's oftentimes very easy, fast, and inexpensive to hire a Canadian in TN status. So it's a process of somehow getting through to someone at the company to educate them not to pass on a good candidate simply because they're Canadian. Which of course is a lot easier said than done.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#76A few questions regarding the EB-5 visa. Is this still a realistic path to a green card, and if so, how complicated is the process if you want to take the targeted economic area route through a regional center? Do the investments through a regional center usually persist, or in other words, how high is the risk of the underlying business going bankrupt based on real experiences? There's plenty of articles about all o…
The EB-5 is still an option although the process largely depends on the regional center/entity that you are going through and requires that you do real due diligence like you would any major investment. The EB-5 is also an area that at various times has been shut down or delayed because of government concerns about fraud and criminal activity.
Hi, I looked at the regional centre-dependent EB5 process but pivoted to the EB5 direct investment route. I have now bootstrapped a single food truck, and we are looking forward to launch it next month. Can such kind of business setup qualify me for O1 instead ?
At my day job, I am a software manager in FAANG.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#77Hello, thank you for hosting this! I'm applying for green card based on marriage. I've prepared i130, i485, i130a, i864, i131, i601, i765, i693. Is there any form/documents I'm missing? Is there any very crucial marriage, financial, or legal status proof that tends to be overlooked by applicants? Thank you!
Unfortunately, I can't provide that advice since I'm not representing you and your wife and don't "own" the case and know all the facts. All I can say generally is that it's important to provide financial documents (such as tax returns and W-2s/1099s), evidence of the bona fides of the marriage, and evidence of past and present immigration status.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#78Do you feel the H1B system denies jobs to Americans or suppresses wages for those with jobs?
> Do you feel the H1B system denies jobs to Americans or suppresses wages for those with jobs?
Yes.
If you have a problem with that, move to Europe.
The US is known for making money. Not for taking care of its citizens.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#79I’m on an H1B visa since 2017. I extended in 2021 and again in 2023 (thanks to approved I-140). But my visa stamp in my passport is from 2017 which expired in 2020. I haven’t made efforts to get another stamp mainly because of the pandemic in 2020 and long appointment backlogs thereafter.
Is there a necessity to always keep a valid visa stamp in my passport? Apart from the ease of travel are there any other reasons to always keep a current visa stamp in my passport? I do have all valid I-797 documents of status and have kept my status current all the time.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#80hi Peter, thanks for doing this. My parents were rejected twice for B1/B2 visa (under section 214b I think) - both times before I was a LPR (I had valid visa). Recently the country of citizenship was announced to be joining VWP - as one of the question is "have you even been refused US visa", is it a lost battle for them?
No, it's not a lost battle. Unfortunately, their ESTA applications likely will be rejected outright because of their past B-1/B-2 visa application denials. But it's still possible that they could get B-1/B-2 visas. They should apply again but given their previous denials, they should consult an immigration attorney.
Just to make sure I understand the recommendation: US based immigration attorney for a tourist visa? (I don't want to sponsor them and they have no intention of moving here - they just want to visit and see us & the kids).