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

183 points proberts | 1 comments | 17 Oct 24 16:01 UTC | HN request time: 0.205s | source

I'll be here for the few hours and then again at around 1 pm PST for another few hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with. 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. Thanks!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

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norswap ◴[17 Oct 24 16:28 UTC] No.41871140[source]▶
What's the general schema of getting someone a work visa in the US?

My understand is big tech usually tries to see if you're eligible for an O-1, and then they take their chances for H1-B, and then there's also a pathway for bringing in workers that have already worked from you from abroad (for one year).

Wondering if there's other types of Visa that are applicable, and where they slot in in the general algorithm of a US-based employer that wants to get a Visa for one of their workers.

I also recently learned about the EB1 Visa, though that one is not tied to an employer. I'm wondering how it compares to the O1 in ease of access / modalities.

replies(1): >>41871309 #
1. proberts ◴[17 Oct 24 16:46 UTC] No.41871309[source]▶
If the individual is employed by a related entity abroad, then large companies would transfer him or her to the U.S. using the blanket L visa, a super fast and easy process. If the individual is not employed by a related entity abroad, then other options must be considered. First, there are easy options if the individual is a citizen of one of five countries with its own visa; these are Australia, Canada, Chile, Mexico, and Singapore. These countries have free trade agreements with the U.S. that give rise to these visas. If the individual is not a citizen of one of these countries but is employed in H-1B status by another company (or previously was employed in H-1B status), then an H-1B change of employer application is usually the best option and an easy one. If the individual is not employed in H-1B status (and never has been), then we look at the O-1. Sometimes the E-1 or E-2 visa is an option but this has very specific and limited requirements regarding the nationality of the company and the individual and regarding the company's trade with U.S. and investment into the U.S. company. It's a great option when it works. The EB1A is a green card path and is a high standard that takes a while.