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

183 points proberts | 6 comments | 17 Oct 24 16:01 UTC | HN request time: 0.202s | 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 ◴[17 Oct 24 17:57 UTC] 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 ◴[17 Oct 24 18:05 UTC] 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 ◴[17 Oct 24 18:10 UTC] 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 ◴[17 Oct 24 18:18 UTC] 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 ◴[17 Oct 24 18:48 UTC] 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."
6. ◴[18 Oct 24 01:33 UTC] No.41875586[source]▶