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

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Jul 18, 2025 - 15:45

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

Hello Mr. Roberts,

Thank you for doing this, as you know we've probably have seen some crazy news articles and segments of ICE agents arresting people all over the U.S. with some for good and some for wrong reasons. What is your advice or best practice for someone who is "wrongfully" approached by ICE agents but has legal status to be in the U.S.? (whether work visa or green card)

I've read that someone should carry their green card with them or if they have some sort of REAL ID mark on their drivers license it may help.

Thank you again for doing this!

The best defense so to speak is to carry evidence of your status whether that's a green card or foreign passport and I-94 admission record, to have the number of a local immigration attorney whom you can call if you need to, and to be aware of one's rights. The ACLU has a good discussion of these rights: https://www.aclu.org/know-your-rights/immigrants-rights.

morpheuskafka 28 minutes ago

Since it was coincidentally posted as a news thread today, it might be nice to clarify here when the new $250 nonimmigrant visa fee takes effect and who it applies to?

Hmm, so it looks like no on really knows when it takes effect, the law itself specified a cost for the current fiscal year, but in addition to the usual time to implement the fee in the IT systems, there appear to be two issues: what rulemaking notices/approvals are needed to decide and impose it (the law allows the executive to decide the fee, it just sets a minimum), and the fact that DHS not State is supposed to collect it, which would greatly complicate processing.

State already has a global cashiering system for visa fees that would have been easier to use, although DHS collecting fees is not without precedent. For one, the SEVIS fee (a surcharge on student visas) is paid directly to DHS by credit card. For two, the surcharge on green cards is paid to USCIS, but this one is not actually enforced before visa issuance or arrival (they will not mail you the card if you don't pay, but you still have the status).

https://www.cnbc.com/2025/07/18/visa-integrity-fee-what-to-k...

My understanding is that it applies to all approved visa applications and is billed when the visa is issued. I believe that it takes effect immediately but there was some confusion about this. I will try to confirm and advise on this thread.

trycatchthroawy 45 minutes ago

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?

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.

Thank you very much, I'm in a similar position as OP's friend and this is very helpful!

ttul 14 minutes ago

The O-1 can cost upwards of $100K to put together. It’s a very high bar.

That is not remotely true. An O-1, EB2NIW, or EB1A ranges from $5K-$15K.

Correct. While there are some outliers, I think that that range is accurate.

piker 15 minutes ago

Thanks so much Peter - how do non-US people typically work in SF during YC?

I am a US citizen but have a few non-US citizen friends who might join if accepted.

A distinction must be drawn between working during a startup program, which requires a work visa, and attending the program and not working. For the latter, there are several options, including, most commonly, the B-1 visa/status.

threway742 18 minutes ago

Hi there, I'm working in the UK on a work visa. I previously applied for a US position at Fermilab and NASA ADS. Although, I didn't get the position I was told the H-1B visa process for these positions was much simpler (not through lottery) as they fall under a special category.

Can you advise other what other sectors offer these privileges? Also, if I get the H-1B through this process, am I allowed to switch to a different employer in the future?

Those organizations are "H-1B cap-exempt" organizations that are not subject to the annual H-1B lottery. Cap-exempt organizations include non-profit institutes of higher education, organizations affiliated with these institutes (like hospitals), non-profits primarily engaged in research, and government research organizations, like Fermilab and NASA. If you get a cap-exempt H-1B, you could transfer to another cap-exempt organization but you would not be able to transfer to a cap-subject private for-profit entity although you could get approved for part-time concurrent employment with such an entity.

lazzurs 31 minutes ago

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.

It's open to things like sport and entertainment, so definitely not everyone has many (or any) degrees. Assuming your field is somewhat science based I don't know how realistic it would be with no degree, but you can search some blogs about it, people have covered what they did to rack up publications and stuff to check all the boxes (if their work/field wouldn't have otherwise needed them).

If you are starting your own business, the treaty investor visa could also be a good route. It doesn't require as much investment as the investor green card; it is a nonimmigrant visa similar to the O-1.

kyawzazaw 22 minutes ago

What's the fastest timeline to get green card under EB-3? What things does the employer company does that could speed things up like batch process, generic existing applicable job posting?

poki89 38 minutes ago

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.

Kanishka2025 24 minutes ago

Hi Peter, I wanted to know what all options are available other than H1B after F1 OPT visa expires to continue working in United States?

y-curious 40 minutes ago

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.

aliljet 10 minutes ago

What is the likelihood today that Trump and his allies in Congress may improve the ability for H1B holders to obtain green cards? This was repeatedly raised during his campaign and his first weeks in office and it sounded like this was going to be a thing....

I haven't heard anything about this since he's taken office and I suspect that if something like this is done that it will be limited to those in certain fields and industries.

vFunct 7 minutes ago

Are non-US citizens banned from working on <2nm GAA technologies? What are the ITAR limits on non-US citizens from working on these tech? Can we incorporate in another country to allow hiring on non-US citizens to work on <2nm GAA technologies?

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.

As odd as it might sound, there seems to be an effort on the part of the DOL to speed up the processing of PERM applications, which are now taking longer than ever. From an outcome standpoint, I haven't seen an uptick in denials or bad decisions.