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245 points proberts | 9 comments | | HN request time: 0.884s | source | bottom

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.

1. ValentineC ◴[] No.41871958[source]
I'm not sure if this is appropriate for this thread, but: I'm a Singaporean, and we have access to the H-1B1 visa.

If asked whether I need a visa in a US job application, would it be fine to say "no"?

How should I explain my situation, given that most people might assume that hiring non-US candidates would require participation in the H-1B lottery?

replies(3): >>41872062 #>>41872193 #>>41872572 #
2. einpoklum ◴[] No.41872062[source]
Not Peter Roberts nor a lawyer, but: Why don't you just say "I'm Singaporean, so I'm not sure I would need to apply", and give a link to some article which describes the special visa eligibility for Singaporeans? Also note that H-1B1 is just one kind of visa, and there are many others - for which you likely would need to apply.
replies(2): >>41872101 #>>41875586 #
3. proberts ◴[] No.41872101[source]
It's not fine to say No because even though you might qualify for the H-1B1 visa, this requires employer sponsorship; the H-1B1 visa is to work for a specific employer.
4. swyx ◴[] No.41872193[source]
hey fellow singaporean - you may enjoy my h1b1 guide https://www.swyx.io/h1b1

most impt thing to note is that while you do still need a visa sponsor, it is a LOT easier and cheaper for you and yes ive had a job where i paid for my own visa lawyer, and only needed simple docs from the company (which was ~10 people at the time if that helps). didnt turn out to be a GREAT job ofc but thats separate.

dont ask me how to get a job in the us from singapore tho. if ur applying thru the "front door" as u seem to be doing, yes its harder. lots more back door options but you'll have to network well to do it (i recommend https://swyx.io/LIP)

5. hervature ◴[] No.41872572[source]
This is my (not Peter's) advice for Canadians/Mexicans for TN, Australians for E-3, and seems to apply for Singaporeans/Chileans for H-1B1: If it is an automated system, just put no. That may be an automatic filter. There will be time to talk to a human and say "all we need is X/Y/Z" where X/Y/Z is something the hiring manager can do without involving a lawyer. If a human is asking you, then just say "Yes. I need a visa but I can walk you through the process. No lawyer needed."
replies(1): >>41877420 #
6. ◴[] No.41875586[source]
7. elliotto ◴[] No.41877420[source]
Hi, I'm Australian and have applied a few times for us based tech roles and ticked 'require sponsorship'. I never really got far with my research - are you saying that the e3 is an automated process and I can get away with ticking 'do not need sponsorship'?

Thank you!

replies(2): >>41878181 #>>41884940 #
8. refurb ◴[] No.41878181{3}[source]
You’re not breaking any laws by not ticking the box, and you avoid be automatically screened out before anyone sees your resume.

Far better to get someone interested then find out you need sponsorship, than be filtered out right after you submit.

9. roganartu ◴[] No.41884940{3}[source]
I’m Australian and have been living in the US for the last 7 years, working for the same employer the whole time. I was originally on an E3 which was renewed twice, before transferring to a H1b and finally a greencard.

The E3 is not “automated” in the sense that some interactions with CBP are. You have to attend an interview at a consulate outside the US (my first was in Sydney, renewals were all in London) and while it’s not really stressful or has a high rejection rate it’s not something I’d personally risk without a lawyer having prepared the paperwork.

As for how I communicated this when applying for jobs, I always selected that I needed sponsorship and then the first sentence in my cover letter explained that I’m eligible for an E3. I interviewed with probably 100 companies back then and only one of them that I got to a first phone screen with cared about the visa thing and it was because they wanted to fill the headcount asap. Once companies get to a certain size they are either ok with sponsorship for all roles or not ok for any, and it’s just something that gets handed off to legal after a hiring decision is made. I wouldn’t worry about the companies that automatically cull your application based on needing sponsorship.