I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
Peter Roberts, an immigration attorney focused on YC and startups, hosted a comprehensive AMA on Hacker News, offering detailed insights into the labyrinthine world of US immigration law. The thread became a goldmine for tech founders and workers seeking clarity on visas like O-1, H1-B, PERM, and Green Cards, reflecting the community's keen interest in navigating complex regulatory landscapes. It highlighted the challenges and opportunities within immigration policies directly impacting the tech sector's global workforce.
The Lowdown
Peter Roberts, an immigration attorney serving Y Combinator and startups, conducted an AMA on Hacker News, providing an open forum for questions about U.S. immigration law. The discussion quickly delved into the intricacies of various visa categories, green card processes, and current challenges faced by foreign nationals and their employers in the tech industry.
- O-1 and EB-1A Visas: There's an observed increase in the difficulty of obtaining O-1 visas, with USCIS applying stricter, EB-1A-like standards. EB-1A itself is also becoming harder to acquire, particularly for non-academic or research roles.
- H1-B Visa and the $100K Fee: The controversial $100K H1-B fee applies primarily to beneficiaries outside the U.S. or those ineligible for status change, significantly impacting employers and leading to a reduction in H1-B filings. Litigation against this fee is currently ongoing.
- PERM Process: Acknowledged as an "awful process" by Peter Roberts, where jobs are theoretically open but often function as a ritual to justify applications. Discussion highlighted ethical dilemmas around "fake jobs" and the need for employer good faith, noting that corporate layoffs often force companies to suspend or pause PERM processes.
- Green Card Processes: The AMA covered various green card routes, including the relatively fast marriage-based green cards (around 6 months for approval) and employment-based green cards. Roberts clarified that changing jobs soon after green card approval is generally permissible, but advised consultation. Extended absences for green card holders carry the risk of perceived abandonment.
- F-1 STEM OPT and Solo Founders: Specific inquiries arose regarding the viability of self-employment for F-1 STEM OPT students, addressing concerns about LLC structure, E-Verify requirements, and international travel risks while on OPT.
- General Trends and Advice: Peter observed slowing processing times for N-400 naturalization applications and I-130 green card petitions. He noted that Canadian TN visas remain a relatively easy option for qualified professionals. He also advocated for policy changes to simplify visas for entrepreneurs and highly skilled individuals, and to align immigration with lists of critical occupations.
Peter Roberts' AMA offered a rare, direct line to an expert on a topic critically important to the HN community, illuminating the shifting sands of U.S. immigration policy and its direct impact on attracting and retaining global talent in the tech ecosystem.
The Gossip
Visa Vicissitudes: H1-B, O-1, and PERM Perils
This theme covered specific questions and concerns regarding the H1-B, O-1, and PERM visa categories. Users inquired about the impact of the new $100K H1-B fee, which significantly deters companies from hiring foreign nationals outside the US, and the increasing difficulty in obtaining O-1 visas due to stricter USCIS standards. The PERM process drew significant criticism for being a 'fake job' recruitment system lacking good faith, with some users asking how to report abuses. Peter Roberts acknowledged the process's flaws and the challenges posed by corporate layoffs interrupting PERM applications.
Green Card Grievances & Growth: Pathways and Pitfalls
Discussions here focused on various green card routes, including employment-based, marriage-based, and associated complexities. Questions ranged from the timelines for I-130 applications and the perceived ease of marriage-based green cards (around 6 months) to the rules surrounding job changes post-green card approval. A significant point of discussion was the risk of green card abandonment for extended periods outside the US and the requirements for travel while naturalization applications are pending.
Founder & Freelancer Footing: Niche Visa Navigations
This theme addressed specific challenges for entrepreneurs, solo founders on F-1 STEM OPT, and individuals exploring less common visa types. Questions included viability of self-employment for F-1 students (LLC, E-Verify), options for international founders (E-1, E-2, L-1, O-1, E-3, TN), and general advice for Canadians seeking TN visas. Peter Roberts provided clarification on the feasibility of various pathways, emphasizing the need for careful analysis for founders and the continued workability of TN visas for Canadians.
AI's Ambiguous Adoption: Legal Tech & Future Outlook
Users inquired about the impact of Artificial Intelligence on the immigration law profession and whether AI tools are being adopted. Peter Roberts stated that his firm uses AI minimally for document search and organization, but finds it unreliable for direct legal advice due to hallucination risks. There was also a broader question about how robotics and AI might affect future demand for immigration services and the job market, with Roberts noting that interest in working in the US continues to grow despite perceived challenges.