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

darshanmakwana

What's the typical timeline and cost for sponsoring an H-1B vs. EB-3 vs. other visa categories?

xqb64

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.

BiteCode_dev

Do you see a changing trend in number applications, accepted ones or visa cancellations ?

pain_perdu

I’ve said this before and I’ll say it again: years ago, Peter helped me secure authorization to become employee #1 at one of the most successful AI companies to come out of YC. Without his advice, I honestly don’t think I’d have the career I have today. Since then, he has guided me and many friends through complex immigration processes, always flawlessly and on time. I’d strongly recommend listening to his advice and considering his services.

sammyspizza

The current administration has made it very hard for tech workers to get perm status. Many larger companies are no longer sponsoring perm applications for workers on h1-bs because it is so difficult to meet the new requirements. Which of the new requirements is the most difficult for companies to meet and have you seen any creative solutions, especially for smaller companies and startups trying to get their H1-B folks on greencard track.

HillRat

Have there been any meaningful changes in denial rates, processing times, or petitioning processes for L1 visas?

mikeyouse

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?

jefftk

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?

kimyanna

Hi Peter, have you noticed either increased processing times or denial rates of N400 applications? I know about several people waiting to have a citizenship interview scheduled for 12 months or even longer, this seems out of the ordinary. Thank you!

dp33

For someone starting law school in Canada who hopes to eventually work as in-house counsel for US-based tech companies or startups, what career paths tend to work best? Is the common route something like BigLaw (possibly New York) first, then transitioning in-house later, or are there better alternatives?

daxuak

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.

dwa3592

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?

garbawarb

There's a been a massive jump in EB processing times in the last couple of months, specifically EB3 ROW which is my category. Do you think this quick advancement will continue over the next few months?

iLoveOncall

What are the chances of getting back a green card after being out of the country for 4 years? My partner left with the intention to come back soon after, bought a house there as well just before leaving, but then couldn't come back more than a couple of weeks a year for 3 years, and then not at all for the past 4 years. We're thinking to move back to the US at some point, so having a green card would be the royal road. Thanks!

tzsentosa

I'm currently on an F-1 STEM OPT got the H1B Lottery. I need to travel in August. If my H1B is approved before my travel date in August, would I be able to keep my 'Change of Status' status if I come back using my F-1 visa? I do not want to trigger the $100k H1B fee if it switches to Consular Processing. Is it risky? Should I stay in the U.S from approval until October 1st?

dev_throw

Can a person be eligible to purchase a ACA health plan in CA if they're on a B2 visa considering they have been in the USA for several years on prior work visas? I know there are some recent changes with OBBBA that will kick in Jan 2027 but as per my understanding only affect PTCs not ACA eligibility.

nexus7556

Has the chance of being denied entry to the country with an advance parole document increased? Or is that still fairly low risk?

garbawarb

There's some information online that says if you get an employment-based green card, you must stay at your employer for 6 months after receiving it or else it will cause problems in the future. And others say there's no such rule. Can you clarify if there's any restriction like that and where it comes from?

dev_throw

It sounds great in theory, but is returning to the USA on an AP nearly as stress free in reality? I am considering a concurrently filed EB-5 petition and am curious as to what you are noticing of late. Thank you for doing this AMA, Peter!