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

#1

Post by proberts » Fri, Jul 18, 2025, 2:44 PM UTC

I'll be here for the rest of the day. As usual, there are countless immigration-related topics to discuss and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers.

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

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

#2

Post by trycatchthroawy » Fri, Jul 18, 2025, 2:59 PM UTC

I have a question for a friend who is looking to work at US-based companies either remotely and is open to relocating and moving there if required, but she is from the UK and a citizen there who just left her job as a software engineer at a startup in the UK recently.

She is looking to be able to legally work for some of these US based companies and is also interested in US startups but when applying she cannot answer the US authorization question in the application (If she said 'No' it will get her an immediate rejection). So my question(s) are:

What is the best visa for her to apply for as a UK citizen to work for a US company?

How long will it take for her to get the visa so she can apply for US jobs?

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

#3

Post by y-curious » Fri, Jul 18, 2025, 3:04 PM UTC

Hi there, love your little series. Are you seeing any clients face deportation while possessing greencards? If so, can you share some context as to why and what recourse they have?

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

#4

Post by poki89 » Fri, Jul 18, 2025, 3:05 PM UTC

Hi Peter, My H-1B status is set to expire in November of this year, marking the end of my 6-year limit. My NIW (EB-2) petition is currently under review. In the event that my NIW is approved after my H-1B has expired, would my employer still be able to file for an H-1B extension on my behalf?

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

#5

Post by proberts » Fri, Jul 18, 2025, 3:06 PM UTC

trycatchthroawy wrote: post #2

I have a question for a friend who is looking to work at US-based companies either remotely and is open to relocating and moving there if required, but she is from the UK and a citizen there who just left her job as a software engineer at a startup in the UK recently. She is looking to be able to legally work for some of these US based companies and is also interested in US startups but when applying she cannot answe…

U.S. work authorization isn't required to work for a U.S. company if the worker will be working remotely outside the U.S. Regarding her work visa options, they are limited. The only option immediately available is the O-1 visa, which is for people of "extraordinary ability," a high standard but attainable by many talented professionals. The H-1B "professional worker" visa is much easier to qualify for but it's only available once a year and via a lottery so it's not a realistic option. If she really wants to work for a U.S. company remotely or in the U.S., then she should have a consultation with an immigration attorney and have her background evaluated.

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

#6

Post by proberts » Fri, Jul 18, 2025, 3:07 PM UTC

poki89 wrote: post #4

Hi Peter, My H-1B status is set to expire in November of this year, marking the end of my 6-year limit. My NIW (EB-2) petition is currently under review. In the event that my NIW is approved after my H-1B has expired, would my employer still be able to file for an H-1B extension on my behalf?

Yes, because the EB2 (NIW) green card category is "backlogged," your employer will be able to file a 3-year extension (beyond your 6-year max-out date) once your NIW petition is approved.

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

#7

Post by bumblebee331 » Fri, Jul 18, 2025, 3:08 PM UTC

I just got my green card but the category mentioned on it is wrong (E18 instead of E17). Is there an action I need to take? Separately, can I use the existing card to travel outside the US and reenter?

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

#8

Post by proberts » Fri, Jul 18, 2025, 3:09 PM UTC

y-curious wrote: post #3

Hi there, love your little series. Are you seeing any clients face deportation while possessing greencards? If so, can you share some context as to why and what recourse they have?

Thanks. Not yet. But there are reports, as I'm sure you have seen, of DHS revisiting previously approved green card and citizenship applications with an eye toward revoking them.

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

#9

Post by lazzurs » Fri, Jul 18, 2025, 3:12 PM UTC

What sort of people get O-1 visas? I assume it is people with multiple degrees and have decades of experience in a specific field?

I am good at what I do, have done public speaking at major conferences on what I do but no degree and so assume that i've no chance of ever getting into the USA. Currently a UK citizen living in Ireland.

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

#10

Post by square_usual » Fri, Jul 18, 2025, 3:13 PM UTC

Hey Peter! Thank you again for doing this series. Apologies for the broad question, but do you think it applying for PERM during the current administration is a good idea? My understanding was that in the first Trump administration, PERM denials went up quite a bit, and with immigration being an even larger concern for the second administration I'm wondering if it makes sense holding out for a few years if that's a possibility.