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

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

177 pointsby proberts250 comments

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  • Thank you for all the great questions and comments. I will be taking a brief break.
  • What are you seeing with the new $100k H1B fee? Is it being applied only to people currently outside the US? Do you have any estimates on whether it's likely to be renewed in September and/or struck down?
  • Thanks for doing this.

    - How difficult has it become to get O1 for founders compared to say 5 years ago?

    -What advice would you have for founders who think they should be able to get O1 once they have a bit of seed money (say YC, 500k) and press coverage?

  • Our small company offers a remote paid mentorship for students anywhere in the world - often times, international students in the US want to apply but then there’s substantial confusion on whether they can be paid without jeopardizing their status. The stipends we pay are all 1099 and it’s mostly self-directed work so we’re a bit at a loss in regards to the CPT/OPT qualifications. Many end up forgoing their stipend which sucks for students in an expensive place.

    Any thoughts there?

  • How has AI affected your job and what tools are you using?

    What's an ask you'd make to startups in the legal AI space?

    Not selling something, but have heard primarily negative sentiments from other lawyers due to hallucination risk.

  • What's the best path from zero to a fully legal status (visa first I imagine, but eventually citizenship) in the US for someone coming over from the Western Balkans (non-EU), with a bachelors degree in EE or CS and no prior work experience? Thanks for doing this.
  • Does H1-B really carry that 100k per-case fee? I remember hearing of it, but afterwards also individual stories of people getting H1-B. I don't know them personally unfortunately; not sure whether it was sponsored by not-for-profit research institutes or for-profit companies. I can't imagine this rule being economically feasible for most, though. And if the answer is actually a yes, would the company want to make sure that here's a repayment clause in the contract, e.g. if the worker leaves within X years, he/she will have to refund the company for Y% of this visa fee? Is that even legal?

    Related, iirc H1-B has a 6-year limit. Under the current policy what's the path forward if the holder is not ready to adjust their status to PR within the timeframe or not qualified to EB category? O1? But there were a wave of news stories about O1 being abused and I wouldn't be surprised if that was a prelude to major changes to the category.

    Just curious. Thanks for making this thread.

  • I never really understood about PERM. Suppose I am a manager on a team and one of my employees is going through the PERM process.

    I'm supposed to put out a job advertisement (but the job isn't real) for my employer. If an applicant passes the interview process, I don't have to hire that person (I probably can't - I don't have budget or permission from the organization). But I do have to honestly say if they have all the required skills -- I'm not permitted to say "wouldn't be a culture fit."

    Nor do I have to fire my employee. But maybe my employee won't get a green card six years down the road.

    1) Do I have any details wrong here? The one time I talked to a law firm about this they more-or-less refused to state the above outright, but answered all questions in this direction. 2) Doesn't this seem disrespectful to, among others, the applicants to the fake job?

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