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

300 points proberts | 4 comments | 14 Mar 25 14:39 UTC | HN request time: 0.866s | 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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darth_avocado ◴[14 Mar 25 16:50 UTC] No.43364471[source]▶
Hi Peter, given that companies are constantly laying off employees, what options do people on H1B have in an event they are out of a job? One can find a job but a 60 day time restriction can be very challenging. It’s almost impossible to apply, schedule multiple rounds of interviews, get an offer AND file the immigration paperwork in that time. A lot of people have established lives and have been here for decades because of the green card backlog. How would one maintain presence legally in the US in such a case?
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1. proberts ◴[14 Mar 25 17:34 UTC] No.43364942[source]▶
A few years ago when there were a lot of layoffs at big tech, USCIS published guidance on the options for those who lost their jobs. This guidance just validated what attorneys were advising anyway but it was reassuring. Whether USCIS will stick with this guidance is another question. But the main advice was to file an application to change status to B-2 or B-1 (if the terminated worker couldn't join his or her spouse's visa as a dependent). If the terminated worker was in H-1B status and filed such an application, then he or she would not have to go back into the lottery after finding a new employer. Because of the backlogs in most green card categories, a green card filing as a solution isn't a solution anymore.
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2. gist ◴[14 Mar 25 19:03 UTC] No.43366043[source]▶
> after finding a new employer.

Obvious question then does the employer and the job have to be similar to the job that they had (and how similar and what is the test)?

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3. proberts ◴[14 Mar 25 19:13 UTC] No.43366143[source]▶
Not at all; the job just needs to be related to the employee's education.
4. Detrytus ◴[14 Mar 25 20:25 UTC] No.43366905[source]▶
@proberts - not sure how that works, can you clarify? I know that normal B1/B2 visa in theory allows 6 months stay in the US, so is that what you are suggesting? If you are fired from your job then just pretend to be a tourist for the next 6 months? Isn't that obviously violating the stated purpose of B1/B2 visa, and asking for a ban to enter the US in future?