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

300 points proberts | 3 comments | 14 Mar 25 14:39 UTC | HN request time: 0.623s | source

I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing 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 responses. Thank you!
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manish_gill ◴[14 Mar 25 15:46 UTC] No.43363760[source]▶
I think I qualify for EB-1C, but does one need to be present and already living in the US to apply for it, or can that happen from the current country of residence?

Or is the general path: L1 -> Move -> Apply for EB-1C once migrated.

replies(1): >>43364159 #
1. proberts ◴[14 Mar 25 16:23 UTC] No.43364159[source]▶
Most people go the EB1C green card route after they are in the U.S. in L-1A status but that's not required; the entire green card process can be done while the applicant is outside the U.S. and not yet employed by the U.S. company.
replies(1): >>43366956 #
2. manish_gill ◴[14 Mar 25 20:29 UTC] No.43366956[source]▶
Is it recommended or not? I've heard anecdotally that going through the Consular services to obtain EB1C is not recommended - because you can get denied easily without any protections you might get from being in the US.
replies(1): >>43368057 #
3. bubblethink ◴[14 Mar 25 22:38 UTC] No.43368057[source]▶
You don't have protections in the US per se. If you are on a visa, your visa will remain valid and continue on its own terms. Your GC application is orthogonal.