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

199 points proberts | 1 comments | 16 May 25 15:05 UTC | HN request time: 0s | source

I'll be here for the next 5-6 hours. As usual, there are countless topics given the rapidly changing immigration landscape and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and I'll try to do the same in my answers.

Edit: I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.

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fooker ◴[16 May 25 16:11 UTC] No.44007138[source]▶
Are O1 visa applications getting significantly more scrutiny nowadays?

I comfortably qualify for one, based on the USCIS criteria, but my employer (big tech company, big law firm for immigration) wants to wait one more year for another H1B attempt before trying this.

Hence I am wondering if switching jobs could potentially help here.

replies(2): >>44007397 #>>44007842 #
proberts ◴[16 May 25 16:37 UTC] No.44007397[source]▶
Big tech is risk averse and avoids pursuing O-1s unless there's no other option and the candidate/employee is highly valued. But I haven't seen any change yet in the adjudication of O-1 petitions. Nearly all our O-1 petitions still get approved and when we receive a Request for Additional Evidence (or RFE), the issues raised are the same issues that were raised before January 2025.
replies(2): >>44007913 #>>44008444 #
miruddin ◴[16 May 25 17:27 UTC] No.44007913{3}[source]▶
Is it true that most big tech companies and possibly the startups you work with strongly prefer H-1B transfers over candidates who might have held an H-1B in the past (with an approved I-140), but are currently on a B-2? In your experience/opinion, is such a situation disadvantageous to the candidate's competitiveness in attaining employment at these coveted companies?
replies(1): >>44009317 #
proberts ◴[16 May 25 20:04 UTC] No.44009317{4}[source]▶
If the company is paying attention and knows what it's doing, then the interim B-2 status of a candidate shouldn't matter; at worst, it just means that the candidate might have to depart and reenter to activate his or her H-1B status with the new employer.
replies(1): >>44009586 #
1. miruddin ◴[16 May 25 20:36 UTC] No.44009586{5}[source]▶
Super helpful! Much obliged!