I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
449 comments
I'm signing off now but I'll be checking in again tomorrow morning and responding to anything I've missed or any new questions/comments. If you posted something and I missed it, please re-post. Thanks.
Hi Peter,
I work for a large tech company that has recently announced internally that they will be putting all PERM filings on pause indefinitely. The reasons cited are:
— The 10-day in-house job posting is of dubious quality now because there is no one at the office to to see it (it's closed and empty because of Covid), and they believe the Department of Labor may notice this and refuse applications.
— Because of the current administration's outlook on immigration, they're worried that more filings will be audited/rejected, which could lead to more oversight on future filings for the company, making things more difficult.
They said a number of times that pausing all PERMs is a proactive measure — there have been no issues so far, but they want to make sure there never are any.
The basic premises seem to make sense, but it puts all of us running through the process in a difficult position. They wouldn't give any timeline for how long such a pause would last, but reading between the lines with office closures, it seems that it would last at least all of 2020, and probably well into 2021.
My question: Is what my company doing reasonable, or is it more of a situation where they're adopting a very conservative stance to reduce their own risk down to zero, even at the cost of putting all its employees into immigration limbo?
Thanks!
I work for a large tech company that has recently announced internally that they will be putting all PERM filings on pause indefinitely. The reasons cited are:
— The 10-day in-house job posting is of dubious quality now because there is no one at the office to to see it (it's closed and empty because of Covid), and they believe the Department of Labor may notice this and refuse applications.
— Because of the current administration's outlook on immigration, they're worried that more filings will be audited/rejected, which could lead to more oversight on future filings for the company, making things more difficult.
They said a number of times that pausing all PERMs is a proactive measure — there have been no issues so far, but they want to make sure there never are any.
The basic premises seem to make sense, but it puts all of us running through the process in a difficult position. They wouldn't give any timeline for how long such a pause would last, but reading between the lines with office closures, it seems that it would last at least all of 2020, and probably well into 2021.
My question: Is what my company doing reasonable, or is it more of a situation where they're adopting a very conservative stance to reduce their own risk down to zero, even at the cost of putting all its employees into immigration limbo?
Thanks!
I have a job offer from Microsoft in Vancouver and might move there after the pandemic ends. I am Indian citizen residing in India. The main challenge however is that I am disabled (quadriplegic) and I would be needing a caregiver to travel with me to Canada. I understand that there used to be a caregiver visa, for Canada, which was discontinued back in 2019.
So my question really is, is there a way in which I can bring a caregiver from India to Canada? I know one option is to hire a caregiver from Vancouver itself but it's really going to be difficult, because of the language barriers and the understandings. They are an important part of my life and I cannot function without someone who I can completely trust to live-in with.
Another option would be to take the caregiver along with me on a visitor or tourist visa, but in that scenario, they are not allowed to work in Canada.
I am really looking for solutions here and I don't want to give up on this amazing opportunity of migrating to one of the most amazing countries in the world with high standard and quality of life.
So my question really is, is there a way in which I can bring a caregiver from India to Canada? I know one option is to hire a caregiver from Vancouver itself but it's really going to be difficult, because of the language barriers and the understandings. They are an important part of my life and I cannot function without someone who I can completely trust to live-in with.
Another option would be to take the caregiver along with me on a visitor or tourist visa, but in that scenario, they are not allowed to work in Canada.
I am really looking for solutions here and I don't want to give up on this amazing opportunity of migrating to one of the most amazing countries in the world with high standard and quality of life.
German citizen here.
Q1) What is (/are) the easiest path(s) to start a company in the US and/or seek funding there for Europeans? How costly is it?
Q2) If there's already a company registered in Germany for example, how costly (approximately) is the process to "register a subsidiary" in the US (required for YC), and how would the visas work? (Would spouses be allowed and be able to get a working permit?)
Q1) What is (/are) the easiest path(s) to start a company in the US and/or seek funding there for Europeans? How costly is it?
Q2) If there's already a company registered in Germany for example, how costly (approximately) is the process to "register a subsidiary" in the US (required for YC), and how would the visas work? (Would spouses be allowed and be able to get a working permit?)
Hey Peter,
Thank you so much for doing this!
Im a German citizen living in Mexico. Since I have been to Iran I no longer qualify for ESTA and had to apply for a visa at the embassy here in Mexico City to visit the USA. My visa has been in processing for 2y now and I have not received any response other than "still in processing, we will be in touch". What do you recommend? Is there anything I can do to accelerate this? Or withdraw the application and apply from Germany?
Thanks a lot!!
Thank you so much for doing this!
Im a German citizen living in Mexico. Since I have been to Iran I no longer qualify for ESTA and had to apply for a visa at the embassy here in Mexico City to visit the USA. My visa has been in processing for 2y now and I have not received any response other than "still in processing, we will be in touch". What do you recommend? Is there anything I can do to accelerate this? Or withdraw the application and apply from Germany?
Thanks a lot!!
I'll be taking a break now for about an hour. Anything I can't respond to today I'll respond to over the weekend. Thanks.
Is it risky to change jobs on H1B with an I-140 approved right now? Both in terms of H1B transfer and especially a new PERM filing since a lot of Americans are out of jobs right now. Have you noticed or do you anticipate PERM filings being difficult?
Thanks for doing this, Peter!
Thanks for doing this, Peter!
I can see that I am getting a lot of questions about options to move to the U.S. The answer is going to be very fact-specific - tied to your background/achievements. If you would like me to assess your options, please email me your CV.
Hi Peter, I am an Indian citizen on an H1B. Recently, my H1B was extended and so I have the I-797A. However, now the H1B stamp in my passport has expired. I would like to travel outside the country in the fall, but it seems like traveling back to India to get a stamp is not a possibility. What are my options to get my passport stamped? Or should I not even bother taking such a chance and stay put?
My question is related to green card holders that went back home to spend quarantine with family.
Can they lose the green card if they spend too much time abroad? How long can they safely stay abroad before losing the GC?
For people that want to get citizenship through green card. How long before their clock resets? How likely is the gov to understand quarantine as a good reason to stay abroad?
Can they lose the green card if they spend too much time abroad? How long can they safely stay abroad before losing the GC?
For people that want to get citizenship through green card. How long before their clock resets? How likely is the gov to understand quarantine as a good reason to stay abroad?
I've anecdotally heard that it's possible to go from a TN -> Green Card. Light googling is pretty mixed on the subject; one side takes the stance that it's strictly not possible and the other says it is, but a risk.
Can you comment on your take? Is it possible to do this, what are the risks, and would you recommend it vs. trying for the H1B lottery?
Can you comment on your take? Is it possible to do this, what are the risks, and would you recommend it vs. trying for the H1B lottery?
If someone on H1b wants to create a business, a non profit, or just wants to freelance - what are the options available to them?
I'm an American citizen, but many of my current and former colleagues have moved here from other countries. On a number of occasions, those colleagues have explained something about their own immigration process. The current system is crazy.
What is the likelihood of process simplification? What are some groups that are pushing for concrete, attainable steps to simplify the process?
What is the likelihood of process simplification? What are some groups that are pushing for concrete, attainable steps to simplify the process?
I'm a Canadian residing in the United States and have been on a TN for a few years and was selected in the H1B lottery this year.
Would the visa ban prevent me from re-entering after October when I receive the H1B? Would it also prevent me from switching jobs before January when it expires?
Would the visa ban prevent me from re-entering after October when I receive the H1B? Would it also prevent me from switching jobs before January when it expires?
For people in the US who are on H1- B and also aren't eligible for an E-1 visa, other than O-1 is there a different immigration path to founding a company in the US?
Hey Peter - It seems that almost 2/3 of the USCIS staff will be furloughed starting August 3rd. What is the likely impact on processing times? Also in particular, any insight on adjustment of status applications?
Can you speak at all to how a US based company that is 100% remote should hire "employees" in various countries? Today we make most of them contractors, but are trying to understand if there is a better method. It seems particularly difficult especially when we only have 1 person in a given country.
How to satisfy the PERM physical notice posting requirement when all offices are closed due to CoViD (keycard access is revoked, all employees WFH)? Is it enough to post it in an empty office and/or electronically on the intranet? What if the office never reopens, or not anytime soon?
My wife moved here last year on a K-1 Visa and currently has her EAD while awaiting her green card which has been delayed even further than normal due to Covid-19 office closures.
She's a data scientist and has had numerous interested recruiters call her only to ask if she has a green card. When she states she has an EAD and IS awaiting her Green Card they say that's not sufficient and end the conversation. Is this legal? Seems like discrimination and is extremely frustrating for the both of us.
She's a data scientist and has had numerous interested recruiters call her only to ask if she has a green card. When she states she has an EAD and IS awaiting her Green Card they say that's not sufficient and end the conversation. Is this legal? Seems like discrimination and is extremely frustrating for the both of us.
For international students in the USA who are looking to found a company, what's the path look like immigration wise?
I know you can go down the H1-B, O-1 or Green Card route, but what do you commonly advise?
I know you can go down the H1-B, O-1 or Green Card route, but what do you commonly advise?
This might be a strange question, but I'll give it a shot anyway.
Amongst myself and a number of friends (whom work in tech), we've observed a similar difficulty with meeting and employing lawyers for either personal- or business-related issues. We all seemed to arrive at the same conclusion that we don't know any lawyers personally, they don't seem to be part of our extended circle of acquaintances, and are difficult to find locally and evaluate their ability to handle whatever the need is, without shelling out a decent sum of money upfront.
Maybe this is unique to us, or maybe others here have experienced this too (please chime in). I suppose what I'm asking is what are good ways to find local lawyers with the right specialization (most of the half-decent recommendation services I've seen online are paid services). Also, where are y'all hiding? Can I buy one of you a beer?
Amongst myself and a number of friends (whom work in tech), we've observed a similar difficulty with meeting and employing lawyers for either personal- or business-related issues. We all seemed to arrive at the same conclusion that we don't know any lawyers personally, they don't seem to be part of our extended circle of acquaintances, and are difficult to find locally and evaluate their ability to handle whatever the need is, without shelling out a decent sum of money upfront.
Maybe this is unique to us, or maybe others here have experienced this too (please chime in). I suppose what I'm asking is what are good ways to find local lawyers with the right specialization (most of the half-decent recommendation services I've seen online are paid services). Also, where are y'all hiding? Can I buy one of you a beer?
Hey Peter, thanks in advance.
I've been on an H1B for 4 years now and have had Greencard filed a few yrs ago. I've been working for almost 5 years and want to take a longer time off, two or three months sabbatical/unpaid leave.
I would still like to stay in US (my parents live here). Is this possible? Will I lose my visa or greencard status?
I've been on an H1B for 4 years now and have had Greencard filed a few yrs ago. I've been working for almost 5 years and want to take a longer time off, two or three months sabbatical/unpaid leave.
I would still like to stay in US (my parents live here). Is this possible? Will I lose my visa or greencard status?
Have there been any substantial strides made on merit-based immigration as a partial alternative to the current H1B status? How would that affect the current startup ecosystem?
I am a Canadian technical writer who is also a programmer and a graphic designer. Is it easier for me to work in the states through a TN visa (which specifically mentions technical writers)? I've never tried looking in the US but I've always wondered if that would help ease some of the visa issues.
I met someone recently from one of the countries south of the US border that came to the US as a kid. Very talented and hardworking but undocumented. She may be here on the Dream act, but I did not feel it appropriate to ask at the time. Currently she is doing a masters degree in mechatronics and robotics. Schools are are not allowed to ask about status, so she is taking the opportunity to invest as much as possible in her education, however given her skills she also has the ability to earn well.
I was fortunate to be born as a citizen in the US so I don't know how to navigate such issues. As I understand it, it is a minefield for a company to hire undocumented workers, even if they are highly skilled workers. Are undocumented individuals allowed to start companies? Does YC have a stance on this from an investment perspective?
I was fortunate to be born as a citizen in the US so I don't know how to navigate such issues. As I understand it, it is a minefield for a company to hire undocumented workers, even if they are highly skilled workers. Are undocumented individuals allowed to start companies? Does YC have a stance on this from an investment perspective?
Has the current political climate affected Canada to US TNs or are they still being issued as before? Any particular port of entry that you'd favor/avoid?
Not a question. Just wanted to thank your team, and Michelle in particular, for invaluable support and guidance in what has been a harrowing year.
F1 Visa Revoked
Before pandemic, in July 2019, I got my F1 visa. In September 2019, I went to the airport to fly to US, but the airline officer said your visa got revoked! I resubmit my second visa application in September which is still under administrative process after about 1 year. What can I do?
My case is related to this news:
https://www.theguardian.com/us-news/2019/oct/14/iranian-stud...
Before pandemic, in July 2019, I got my F1 visa. In September 2019, I went to the airport to fly to US, but the airline officer said your visa got revoked! I resubmit my second visa application in September which is still under administrative process after about 1 year. What can I do?
My case is related to this news:
https://www.theguardian.com/us-news/2019/oct/14/iranian-stud...
I hesitate to stray into political territory, but maybe we can discuss without animosity or vehemence from others.
As an immigration lawyer, you undoubtedly see the complexity and huge volume of paperwork needed for even talented and skilled immigrants to this country. They approach a book sized application.
Do you ever find it inequitable or frustrating, that some classes of immmigrants are by comparison, basically waved through? What things about the immigration / visa system would you recommend immediately be changed or fixed to improve our situation?
As an immigration lawyer, you undoubtedly see the complexity and huge volume of paperwork needed for even talented and skilled immigrants to this country. They approach a book sized application.
Do you ever find it inequitable or frustrating, that some classes of immmigrants are by comparison, basically waved through? What things about the immigration / visa system would you recommend immediately be changed or fixed to improve our situation?
I'm a Canadian Citizen going to the University of Waterloo. My next co-op work term is Winter 2021 (Jan-April). Would it be possible for me to work for a US company for that term? I've done the J-1 process twice before and that worked great in 2019, not sure about now given the visa suspension and COVID. Would appreciate any ideas here.
- Could I still get a J-1 for Winter 2021? - Are there any other avenues for Canadians to work for a US company (possibly remotely) without a visa (if visas are still suspended)?
- Could I still get a J-1 for Winter 2021? - Are there any other avenues for Canadians to work for a US company (possibly remotely) without a visa (if visas are still suspended)?
I'll be here for the next 5 hours. As usual, there are countless possible immigration-related topics and I'll try to respond to whatever questions you ask but as much as possible I'd like to focus on issues related to the pandemic and the corresponding travel and visa bans and suspensions, office closures, etc. Please remember that I can't provide legal advice on specific cases for obvious liability reasons 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!