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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
It's been a year since we did our last immigration AMA (https://news.ycombinator.com/item?id=11972135 https://news.ycombinator.com/item?id=11972135) and we thought it might be time to do another. I'll be here for a few hours to answer your questions about U.S. immigration.
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. With all that's happened in the last year, it might make sense to discuss the changes, real and perceived, in immigration policy and practice now and in the future, such as, for example, an increase in site visits and a more restrictive approach to admissions and visa issuance. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers! One thing I noticed, looking at some recent threads on HN, are some common misconceptions about the standards for extraordinary ability, in both the nonimmigrant (O-1) and green card context, so hopefully we can clear some of that up as well.
- marymkearney 9y agoMany thanks to YC / HN for sponsoring this, to Peter for all the insightful answers, and to all the thoughtful questioners. Lots of good stuff here on a topic that's more important than ever. Who knew how drastically this would all change over the past year? I'm late to the party, but I'm sponsoring an evergreen AMA on my own site for questions about O-1 and EB-1A "extraordinary ability" visas. I'm a specialist in this area (non-practicing attorney), and I'm working to disseminate practical how-to's on this topic as widely as possible. I welcome your additional questions on extraordinary ability. More and more, it's becoming the go-to visa for makers and entrepreneurs, since there are few other US immigration alternatives at present. Look forward to seeing you there. AMA! http://visabuilder.com/blog/ama http://visabuilder.com/blog/ama
- deathtrader666 9y agoAre people of Indian origin eligible for the the EB-5 Visa? Can two co-founders petition for each other's O-1 application?
- proberts 9y agoYes, the EB-5 green card option is available to nationals of all countries.
- Nimsical 9y agoI'm on an O-1 Visa at the moment and thinking about going for a green card. What's the best path way to do this?
- proberts 9y agoAs you probably know, although the criteria are nearly identical, the standards are different, with the evidentiary standard higher for the EB1A green card category. So I would have an attorney evaluate the O-1 petition to see if it's strong enough to support an EB1A. Almost always, if the trajectory of your business or work is up, it's better to wait to build up a stronger EB1A case.
- chollida1 9y agoCanadian here. Most of my friends with Visa's tend to live in a constant state of fear when crossing the border into the US that a border office will just rip the visa out of their passport and deny them entry into the US. Even the ones with high priced immigration attorney's. Is there something the average Canadian can do to make crossing the border into the US less of a crap shoot, especially when doing so with a family?
- mabbo 9y agoI was just at a wedding on the weekend and was chatting with a friend who had that happen two weeks ago. He spent 4 days in a US Border patrol jail near San Diego, sleeping beside MS-13 members. He was forced to buy a last-minute-priced plane ticket back to Canada. His car is currently somewhere in an impound lot in San Diego. His possessions are in his apartment in the bay area. Until he resolves his H1B issues, he can't re-enter the country. Edit: Makes for a hell of a story though. "How's it going?" "Oh, just got out of jail down in Mexico" "... what?"
- toomuchtodo 9y agoDoes he need help getting his car and stuff back to Canada to prevent incurring excessive costs/penalties?
- mabbo 9y agoHe's got enough friends in the bay area to have himself covered in that regard. Right now I believe his biggest problem is renting an apartment in Canada to establish as his official primary residence so that he can enter the US as a visitor to go get his stuff. Pretty shitty deal all around though.
- pmiller2 9y agoWouldn't establishing himself as a visitor undermine his status as a guest worker? Or is that already off the table?
- 9y ago
- gourou 9y agoAre startups more likely to obtain H1-B visas than bigger companies?
- proberts 9y agoThere's no difference in selection in the lottery (it's truly random) and in terms of approval, it's probably slightly easier to get an H-1B through a larger/established company since USCIS is less likely to raise certain questions, such as the availability of work and the absence of non-qualifying duties.
- nopinsight 9y agoWhat are the major differences between the standards and the amount of time it takes to get O-1 vs EB-2 with NIW? Would it make more sense to target O-1 or EB-2 with NIW for a non-PhD founder with US Masters degree who does not have published research papers but have created innovative products with buzzes in the news?
- proberts 9y agoI would need to see the specifics to evaluate the chances but essentially where one or two publications might be sufficient for O-1, more are needed for EB1A. But to be clear, a PhD is absolutely not required for an EB1A or NIW green card. It's more what a PhD typically signifies, publications, presentations, and original work.
- proberts 9y agoI would need to see the specifics to evaluate the chances but essentially where one or two publications might be sufficient for O-1, more are needed for EB1A. But to be clear, a PhD is absolutely not required for an EB1A or NIW green card. It's more what a PhD typically signifies, publications, presentations, and original work.
- projectramo 9y agoCan you outline the big changes that have happened over the past year? Has the H-1B cap lowered? If it still gets booked up within a week, what options do people have? It sounds like the cap is pushing people to other categories like the O-1 and the EB-1 (if they can afford it).
- proberts 9y agoThere really haven't been any changes to the H-1B program other than an increase in site visits to ensure that the employee and company exist and that the employee is doing what he or she is supposed to be doing. The cap still exists and is still getting filled up within a week so individuals must look at other options, such as the O-1 or green card, unless they are from a country with its own visa classification, such as Australia, Canada, and Mexico (and Chile and Singapore to a lesser degree).
- funkaster 9y agoHi Peter, could you please elaborate on the "lesser degree" for Chile & Singapore? I'm Chilean and currently under h1b1 and AFAIR it was a relatively painless process: from our side it took about one-two weeks and it was open window with its own cap. Has this changed recently?
- proberts 9y agoProbably a bad choice words. I simply used that term because the H-1B1 is a subset of the H-1B. But you're right, it tends to be a very quick and easy process. The only challenge can be in the renewal context since an applicant must be able to demonstrate his or her intent to return home.
- d33wp41n 9y agoHi Peter! I had a question about H1-B visas. I was approved for a H1-B in the April, 2014 lottery and received my I-797 approval notice. But I never activated it since I changed jobs to work for an international organization under the G-4 visa in September, 2014. I'm now looking to go back onto the H1-B visa with a new employer. Would I need to go back and ask my new employer to apply for my H1-B in the lottery again? Or would it be possible for my new employer to transfer my previously approved H1-B petition? Also, if it is possible to transfer the old visa, is there any time limit on its validity before I'd need to go back and apply via the lottery again? Thanks!
- proberts 9y agoAs a general rule, USCIS's position is that you would need to go into the lottery again.
- hakcermani 9y agoThanks Peter. Would it be even worth applying for a transfer, and take a chance ?
- proberts 9y agoThat's really a personal decision but there's high risk that you'll have a problem.
- on_and_off 9y agoCould you elaborate on these misconceptions about the standards for extraordinary ability for O-1 ? I almost tried to get a O-1 but I was admitted in the H1B lottery. The criteria are indeed very opaque and you can read very conflicting accounts on HN and elsewhere.
- proberts 9y agoIn short, while the standards are very high, almost always they are not as high as people believe so it's almost always worthwhile to have an experienced attorney evaluate your background.
- kobeya 9y agoPretty much anyone with a Ph.D, core contributor to a major open source project, inventor of record on multiple patents, speaker at conferences, OR otherwise able to demonstrate that s/he is an expert in their field can get admitted on an O-1 visa, if they have good legal representation.
- leventov 9y agoCould you elaborate on "core contributor to a major open source project"? Do you know examples of that? I'm a relatively core contributor of druid.io project, struggling to get a touristic visa (2 failed attempts).
- kobeya 9y agoWell for example I know someone that was able to get an O-1 visa on the basis of being the expert on a piece of technology because he had for years been a major contributor to a business critical open source project. It's not enough to just point to github though, as your lawyer will tell you, you need prominent business people to vouch for your credentials. They are used to doing this though, if your company has the right connections.
- cingram 9y agoAny ideas as to when the premium for skipping the H1B loterry will be reinstated?
- proberts 9y agoIt should be soon, hopefully by the beginning of the new fiscal year.
- hjoi8783 9y agoI'm a US citizen, married to an French citizen, living in France. We are thinking of moving back to the US. If I have an immediate job offer there, is it possible to expedite the Green Card process for my spouse?
- proberts 9y agoThe short answer is no unfortunately although there may be options to get him here in the short-term.
- Natsu 9y agoI assume they'd have to do a K-2 as I'm in a not-too-different situation myself. In that vein, any common pitfalls to watch out for with K-2 visas for a spouse? Especially if they were previously denied a tourist visa without even getting a chance to talk to anyone and no explanation whatsoever.
- proberts 9y agoThe short answer is no unfortunately although there may be options to get him here in the short-term.
- deviarte 9y agoHi Roberts, thank you so much for taking the time for an AMA. Dutch Citizen, exploring possibilities of moving to the US. Employed as executive at a US based company. My research shows me that L1-A might be the most viable option for me, are they still very hard to get? Most other options takes years to get a green card (except EB-*)
- proberts 9y agoThe L-1A for managers and executives and the corresponding multinational manager or executive green card category are still very good options (and appear to be good options for you) although the processing of multinational manager or executive green card applications has slowed down considerable over the past 1-2 years.
- deleted 9y ago[deleted]
- on_and_off 9y agoAre there been changes in the H1B process since last year ? I was lucky enough to pass the lottery step .. but since then .. nothing. Apparently this is supposed to be normal but it is a bit infuriating that the process is that long and opaque. Are there any classic potential hurdles in the H1B process for a well paid legitimate engineering job ? Or is it just a waiting game until the american government finally examines the dossier ?
- proberts 9y agoAre you saying that the petition was selected in the lottery but you haven't heard yet whether it has been approved? If so, USCIS is now starting to review and approve cap-subject petitions so you should hear soon.
- on_and_off 9y agoThanks for the reply ! Yeah that's what I mean. I guess I just need to wait a little bit more ^^
- proberts 9y agoI think so but I'd follow up with the company if you haven't heard by the end of July.
- on_and_off 9y agoThanks, will do !
- tucaz 9y agoLast year I was selected in the lottery and was not approved until late August when the company decided to pay for the premium processing since the attorney's estimates were that it would be adjudicated in January/17. I had a friend selected in the same lottery, but with no premium processed and his approval came indeed in January/17. This year it seems that there is no premium processing so everybody is in the same boat and the wait COULD be long. Another friend that applied this year has been selected in the lottery and is waiting for the adjudication of the process.
- chikathreesix 9y agoHi Peter, I am planning to apply for E-2 visa but 2 concerns. 1. I've heard from an attorney that no one shouldn't have more than 50% of its share. What do you think? 2. We have raised with SAFE. Do you see any concern? Thank you!
- proberts 9y agoI;m not sure that I understand. E-2s are in fact relatively easy to obtain because the requirements are pretty clear and it's really just a matter of checking the boxes. In short, regardless of the number of owners, the company needs to be at least 50% owned by citizens of your country and there needs to be a substantial investment into the company by citizens of your country. SAFEs concern future ownership so they are not immediately relevant from an ownership standpoint but they can of course impact future ownership and continued E-2 qualification.
- chikathreesix 9y agoThis is really helpful, thank you so much!
- Spooky23 9y agoAre there any pitfalls in the current political environment for a US citizen entitled to Irish citizenship via foreign birth registration taking advantage of that to work in Europe? More worried about trouble associated with traveling or otherwise using the EU passport than tax or employment issues.
- proberts 9y agoI don't see any downside to dual citizenship and when you travel to third countries, you can travel on either passport (that's up to you) - but when you travel to the US, you must use your US passport and your Irish passport when you travel to Ireland.
- roserafini 9y agoTN Visa or H1B?
- proberts 9y agoI'm not sure that I understand the question.
- uiri 9y agoI'll piggy back on this, as a Canadian. What are the pros and cons of each for the employer? What are the pros and cons of each for the Canadian employee? In practice, how many times can a TN be renewed?
- proberts 9y agoAgain, these are tough to answer in the abstract without knowing anything about the company, the offered jobs, or the individuals because sometimes a TN makes the most sense and sometimes some other visa status makes the most sense. Theoretically, as long as a Canadian can show strong ties to Canada and a credible intent to return home, a TN can be renewed multiple times.
- zachperret 9y agoThis isn't strictly an immigration-focused question, but I'd love to hear about any best practices for equity grants for full-time international employees and employees that might start internationally while waiting for visa approval.
- proberts 9y agoI'll need to defer to your HN colleagues.
- sthada02 9y agoIm on an H1B and hoping to get my employer to sponsor me for a green card when my 6 year H1B term is up (2020). Are there benefits having already worked for this employer, or will the green card application be the exact same as if filing for a foreign national who wasn't already working at the company?
- proberts 9y agoIt's generally helpful to be currently employed by the sponsoring company but the amount of time with that company has little bearing on the success.
- tucaz 9y agoAs a follow-up to this question, Peter, is there a need to wait for the H1B VISA to be over or could the employer start the GC process right away?
- maerF0x0 9y agoAlso A general followup. What is the recommended path to GC for a current holder of an H1B? Full 6 years first, or try and find I-140 immediately? another path?
- pm90 9y agoDefinitely start it right away. In fact, my recruiter friends mentioned that some companies are unwilling to hire H1B workers who have no GC sponsorship started and less than 2 years left in total.
- desdiv 9y agoDo L-1A/L-1B visa have minimum stay requirements? As in, if someone is granted a L-1A/L-1B visa, but their job requires them to be physically present in the US 30% of the time and 70% elsewhere, could their visa be revoked?
- proberts 9y agoThe short answer is no. As long as the job is U.S. based, extensive travel outside should have no bearing on the continued validity of his L-1 visa.
- Vepe 9y agoI'm a photography artist and have recently become also a tech start-up entrepreneur. We're now looking into moving into the US within the next year or so and I'm looking into the visa options. What would be the visa to apply as an start-up entrepeneur? I have also considered applying for the O-1 visa as an artist. Can I work as an artist if I have received my visa on the basis of the start-up and vice versa can I work in a tech start-up with an artist visa O-1? I am from the EU.
- proberts 9y agoYou might have multiple options such as an E-2 and an O-1 or even EB1A green card. Regarding your job flexibility, this will depend on the facts, how your job duties are defined, because you are broadly limited to doing what is represented in the O-1 petition.
- Vepe 9y agoHi Peter and thank you very much! How strictly is the job duty limitation enforced and does it allow occasional exceptions that would be outside the job duty definition? Is having a wide job duty definition a hindrance for getting a visa?
- proberts 9y agoAgain, this is hard to answer in the abstract but for example, I see no issue with someone, who is an artist, getting an O-1 as an entrepreneur but as part of his or her job duties, doing artwork - but the artwork needs to be for the US company in your capacity as an employee of that company.
- dirkdk 9y agoO1s are easy for artists, I know about somebody that worked on music software that got one in 2 months. Business related O1s are much harder
- throwawayl1visa 9y agoHi Peter, I'm working with a L1B visa in US right now and will get an H1B approved soon. My employer filed H1B for me and will hold it for a couple of years without activating it until my L1B visa expires. The company is doing this so that I cannot change job. If I get an offer from a startup or Google will they be able to activate my H1B somehow?
- proberts 9y agoThat doesn't sound right but it's likely that USCIS will consider you as subject to the lottery again because you never activated the H-1B.
- throwawayl1visa 9y agoThank you Peter. If I go through the lottery again I may have 35% chance to get a new H1B and use it after Oct. 2018. Many companies wanted to hire me could not wait till then. I'm considering to get legal help to activate the H1B I'm going to get very soon.
- proberts 9y agoThat makes good sense.
- bl4ck74ck 9y agoHi Peter, I am a student who just finished his Masters (F-1) and I am applying for jobs. However, I have not yet received my work authorization from USCIS. Is it legal for me to accept a job offer and receive any relocation/sign up bonus before that happens?
- proberts 9y agoAs a general rule, there's no issue with accepting a job offer or even receiving a signing bonus but you can't work until you receive your EAD.
- vs2370 9y agoThanks Peter for doing this. I have a question regarding the EB1A category. I recently received my I140 under EB2 category. I was wondering if I can apply for another I140 under EB1A category. My question is if I get rejected under EB1A do I keep my existing priority date (EB2) ? Also what are the chances of getting approval on EB2 to EB1? Thanks
- proberts 9y agoYes, you can file another (EB1A) I-140 petition and it's denial would have no bearing on your already-approved EB2 I-140 petition and priority date. Regarding your chances of success, it's impossible to say without knowing your background.
- dheelus 9y agoPeter, what advice do you have for Indian nationals on EB2/EB3 GC status given the incredibly long wait times for the priority date to become current? Is there a good (and legal) way to upgrade to EB1 or similar category (that has shorter wait periods)? For example, does it make sense to leave the US, work as a manager overseas and return to the US on a L1-A thereby qualifying for a EB1. Or perhaps work towards publishing papers, applying for patents, etc. to thereby qualify for a NIW?
- proberts 9y agoThat's very hard to answer in the abstract but those are the two options that many Indian and Chinese nationals look at - and oftentimes, the EB1A is a real option for bright and talented individuals. Again, the EB1A standard, while high, isn't as high as most people think.
- arikr 9y agoIf a HN reader wanted to dedicate a few years of their life to making USCIS more friendly to immigrants - particularly to making the border agents focused on user experience and making people feel welcome even if they have issues with their Visa or similar things - how would one go about this? I suppose the question is - who is the person who decides all of this stuff and has the authority to update the staff?
- proberts 9y agoIn fairness to CBP, not all is aboveboard and rosy at the border but at the end of the day, it's individual officers and their supervisors who make decisions regarding admissibility although they are guided of course by the overall directive from DHS and the administration.
- gaurav_garg_ 9y agoHi peter, Thanks for your AMA, I have one question. I am currently software professional in IT company in Germany. I have few plans for opening startup. After getting funding from US investor how much time it take to get O-1 VISA. What is major requirement for getting O-1 visa. What if my startup fail. Can i continue to work in any other company like startup/MNC ? Thanks in advance :)
- proberts 9y agoIt's impossible to assess chances in the abstract but from the time of filing an O-1 petition with USCIS until the issuance of the O-1 visa by a Consulate can be as little as 4 weeks (assuming no issues with the petition). The preparation time is hard to say but typically (depending on the facts of course) it is can be as little as 4 weeks and as much as 12 weeks.
- gaurav_garg_ 9y agoHi peter, Thanks for your AMA, I have one question. I am currently software professional in IT company in Germany. I have few plans for opening startup. After getting funding from US investor how much time it take to get O-1 VISA. What is major requirement for getting O-1 visa. What if my startup fail. Can i continue to work in any other company like startup/MNC in USA ? will O-1 visa convert to H-1 or any other visa for getting allow to work in USA. Thanks in advance :)
- arikr 9y agoI feel unwelcome and uncomfortable when I enter the US on a Visa. The things I've seen border agents say make me feel like many border agents would love to find an excuse to deny anyone entry. Is there any solution to this, or do I just need to accept that it's a part of it?
- proberts 9y agoMy feeling is that while one needs to be respectful, one also needs to stand one's ground if one is admissible and ask to see a supervisor if the questioning/behavior isn't appropriate. It's also important to be well-prepared with appropriate supporting documents. If the questioning/behavior is somehow related to past issues/admission, then filing a "complaint" with DHS TRIP sometimes helps.
- arikr 9y agoThank you
- kobeya 9y agoI am a US citizen and I feel unwelcome and uncomfortable when I interact with border guards. I know you all have it worse and I have rights that you do not, but I just want to let you know that it is a systemic problem not limited to immigrants. It's rooted, I think, in the power-trippy "respect my authority" culture that has permeated all American law enforcement.
- Bashmaistora 9y agoI have some questions regarding the E-2 Visa. An early stage startup could run extremely lean in the early days so how do you estimate a substantial investment amount? What are some common pitfalls in the application process?
- proberts 9y agoThere's no legal minimum but most Consulates want to see at least $50-75k invested (but the more, the better). And investment here - this is the main pitfall for startups/small companies applying for E-2s - means actually spending the money in the U.S., not simply depositing money into the U.S. company's bank account.
- wxc123 9y agoHi Peter! I am an software engineer in a French startup that will be participating in an accelerator in the US for a couple of months. I am from an african country so I need a visa to travel to the US. Also, I am en employee, not a co-founder, and I don't have any shares or stock in the company. Also, I will continue being employed and paid by the French company. What visa should I apply for ? I did a lot of research and I think I should apply for a B1 visa. But since it is not supposed to cover "productive work", I am not sure 100%.
- proberts 9y agoThe B-1 is probably the best option but you are right, you are not allowed to engage in productive work while in the U.S. in B-1 status. I would recommend that you consult with the incubator's immigration attorney because these can be tough/problematic visa applications.
- wxc123 9y agoThanks for your helpful answer. Does that mean that I should not be doing any programming during my stay in the US ? I am the only software developer working on the product, so that may be a little inconvenient for us.
- proberts 9y agoThis is something that you should speak about with an attorney because while you don't want to cross any lines, the specifics really do matter.
- boraturan 9y agoWhat do you think about startup parole? If Trump approves it, should we consider it or go with other options. (US inc owner)
- proberts 9y agoI think it's a great rule but it appears that the current administration won't support it unfortunately so I would look at other options.
- jpsim 9y agoI can 100% vouch for Peter and his team. They got me my EB1A which led to my green card. Thanks Peter!
- ignawin 9y agoFor someone unfamiliar with EB1A, what are the main prerequisites for this visa type? Also what do you think that got you this visa if I may ask?
- EduardoBautista 9y agoCan you share a bit about your background that allowed you to qualify for EB1A?
- Roritharr 9y agoHi, currently (and for the forseeable future) I'm a 29 year old CTO at a VC backed Startup with 40 employees in Germany, I've had this position now for nearly two years, before (and on paper now in parallel to) that I've been managing director of a web-development agency for 3 years. I've had several software dev positions before that while working on starting my own companies, a process which made me drop out of university rather early, so I've never finished my degree. I have a wife and child (of 8 months now). What are my chances of getting a US Visa based solely on work experience without a university degree?
- proberts 9y agoVery high.
- Roritharr 9y agoThanks, what Visa Type should i look into most likely when the time comes?
- proberts 9y agoProbably the O-1 or E-2.
- proberts 9y agoOr L-1.
- ameen 9y agoWouldn't this entail that the parent company have a branch in the U.S. also wouldn't he be limited to working at the company (for a maximum of 5+2 years)?
- proberts 9y agoYes, the foreign company would need to have operations in the US to qualify for an L-1 and you would be allowed to work in the US in L-1 status for 5 or 7 years depending on your level within the organization.
- uxhacker 9y agoA friend was turned down for a B-1 visa, as they said that she did not provide enough evidence that she was settled in Budapest. She applied under B-1 as she was attending a 3 day conference inside a 3 week holiday. She is from an ex-soviet state but was working for a major US investment bank at the time as a programer. She earns way above the local salary, but does rent an apartment, rather than own one. She was only 23 at the time. What should she do next she time she applies? Or is it even worth her applying again?
- proberts 9y agoIt's almost always worth reapplying and (this is not to generate business for me or any other immigration attorney) given the denial, she should hire an immigration attorney so that she's well prepared for the interview.
- ma2rten 9y agoTwo questions: 1. What is generally the best options for current H1B holders to start their own company? 2. Do you foresee any imminent changes in immigration policy, given the current political climate? I know this is not strictly a legal question, but I think it's a question many people have.
- dirkdk 9y agoas a former founder, I can tell you that much that you cannot work for the company you founded on an H1B visa. You can found the company, but not be employed by it. You will need another visa like the O1 or E2 investor visa. For an H1B you need to be fireable, i.e. have a board of directors that can fire you as a CEO. Otherwise USCIS will argue that you started the company to get yourself an H1b visa
- proberts 9y agoIn the absence of a startup option, the O-1 and the E-2 tend to be the best options. The H-1B, as correctly noted, requires the existence of an employee-relationship, which can be tough to demonstrate for the founder of a new/small company.
- maerF0x0 9y agoCould it be done concurrently? IE Found and work on a project whilst employed by the H1B company?
- ma2rten 9y agoNo.
- ma2rten 9y agoTwo questions: 1. What is generally the best options for current H1B holders to start their own company? 2. I know this is not strictly a legal question, but I think it's a question many people have. Do you foresee any imminent changes in immigration policy, given the current political climate?
- ignawin 9y agoHi Peter, my SO is going to the US to pursue her PhDs. She's on the F1 visa, so even as her spouse I would not be able to work there on F2 visa (if I understood it correctly). I am finishing my masters next June, currently working full time. Is it realistic for me to expect to get H1B as someone with only master degree and 18months full time work experience? Is the $130k/y limitation coming to force any time soon? Is EB1A something I should look more into? I just started looking more into US visa, apologies if my questions are too naive. Thanks a lot for your input.
- saurabhpala 9y agoI have seen a lot of folks like you who come on F2 and manage to get a job. If your experience is relevant to your field you will find a job but you have to display a certain level of skills to get one. All the best
- deleted 9y ago[deleted]
- tombert 9y agoWhat is the best path for my wife, who was brought here illegally when she was 8 and is here semi-legally because of DACA, to go about getting a green card and/or citizenship? I am personally a US citizen.
- proberts 9y agoThe marriage-based GC route but she'll need to get a waiver.
- hellojebus 9y agoI'm on the same boat, how difficult is it to get the waiver? (Keep in mind that I have no proof of entry)
- proberts 9y agoNot easy. It's based on hardship to U.S. citizen or permanent resident spouse or child.
- donohoe 9y agoI was an illegal immigrant for a few years and when I got married (to a US citizen) we went through the normal green-card application path with a waiver. (I think this is current but plz double-check: http://www.nolo.com/legal-encyclopedia/when-is-waiver-inadmissibility-available-green-card-applicant.html http://www.nolo.com/legal-encyclopedia/when-is-waiver-inadmi...) That was in 2003 so I understand the process might have changed. However I don't believe it has changed that much. It was pretty straight-forward (all things considered - some lost paperwork and redoing of fingerprints). I choose to continue on the citizenship path one a baby was on the way and that too wasn't hard. There are a number of non-profits that help advise in this area. I would recommend contacting EIIC ( https://eiic.org/ https://eiic.org/ ) who helped me navigate the paperwork.
- donohoe 9y agoJust adding, based on comments in the parent thread, that maybe it was 'Advanced Parole' that I got. During my process I did NOT need to leave the country and submit paperwork from abroad or anything like that.
- Vrniles 9y agoHey Peter, Thank you for taking the time to answer questions. I am a Canadian looking to work full time in the US and was hoping to obtain a TN visa. What would be the best possible way to achieve this. Would it be better for me to first find a company interested in sponsoring me? I feel this would be ideal but may cause potential friction as it is more work on the employer. Or would it be better to apply with an immigration lawyer such as your self? If so how much does something like this cost and how long does it take? Sorry for the long winded question and thanks for your help!
- proberts 9y agoI would probably get your background evaluated by an attorney to see if a TN is even an option (a quick process) and then look for work armed with the knowledge that a TN is possible.
- gtirloni 9y agoEverything I read about US immigration seems to indicate it's next to impossible and unless I'm some kind of mythical "10x developer", companies wouldn't bother with the visa process. Is that accurate? I have friends actively avoiding applying to US companies because they think getting a visa is impossible. What should I tell them? Is there a type of visa that's more friendly to foreign engineers?
- proberts 9y agoYour right, unfortunately it's tough unless one is from a country with a specific visa (such as Australia, Canada, or Mexico) or is being transferred on an L-1 visa to a related entity in the US.
- GFischer 9y agoL-1 Visa, but you have to work at a foreign branch for at least 1 year. It's the path some family members and coworkers have taken. Some of the larger top companies in the U.S. will accomodate that and set you in the Irish or Canadian offices for a year, but you have to be good :)
- throwaway2915 9y agoHi Peter, I just got an employer-sponsored green card, then got married. Is there a way to bring my wife to the US?
- exabrial 9y agoWhat percentage of and how many YC companies/startups are affected by the travel ban from Iran, Libya, Syria, Somalia, Sudan, and Yemen?
- calvinbhai 9y agoHi Peter, thanks for doing this AMA. I'm from India. Have used all 6 years of H1b, including the recapture time, and back on F1 visa status with pending CoS (second masters degree in US). I'm working on a few startup ideas, mostly based on Apps. I was hoping for IER, but that seems to be in a limbo. What are the chances for a founder of a yet to be funded startup to get EB1A? or would you suggest O-1?
- proberts 9y agoAgain, it's hard to say in the abstract but as a general rule, an interim O-1 makes more sense since this allows you to build up your company and then use the company's success for your EB1A application.
- calvinbhai 9y agoThanks for that info! is this the correct website http://www.robertsimmigration.com http://www.robertsimmigration.com ?
- proberts 9y agoYes but my website is awful!
- e2visaholder 9y agoHi on the topic of visa mobility- I am an e2 visa holder from a mid sized company. What are the options for moving on to my own startup? Is the green card process the quickest route? E2 doesn't allow me to work on a side business, but can I incorporate and not pay myself a salary ?
- ivl 9y agoHi Peter, thanks for this AMA. Just because the information isn't perfectly clear: how long can a green card be renewed for? I got mine a couple years ago, but I have to wonder how long it gives me to stay in the states beyond the 10 year term on the card. Is it really 'permanent' or does the renewal problem have any challenges?
- proberts 9y agoIt's really permanent unless one commits certain crimes or lives abroad for an extended period of time without taking certain protective steps beforehand.
- flexie 9y agoif you have stayed abroad for a few years, and you wish to stay abroad and you don't mind losing the greencard, do you have to file anything to renounce it or is it enough that you just 'overstayed' abroad?
- ninjakeyboard 9y agoThanks so much! Not sure if off topic but related: I'm a canadian trying to figure out how to provide services to the US market. For people entering on TN-1A or similar, how has the trump administration changed the process? I don't have a comp-sci background. If I do pure consulting (no code) is it feasible to go in under a T1? I make > 200k/year - I think the lowest limit was doubled to 160k?
- proberts 9y agoThere's no question that it's tougher to get a TN now than in the past but this trend has been going on for several years. Regarding the specific TN occupation, I would need to know more about your background.
- deleted 9y ago[deleted]
- seshagiric 9y agohi Peter, the Greencard EB1 category for multinational execs was once faster but is now taking more than 1 year. Is there any other alternative?
- proberts 9y agoPossibly the EB1A extraordinary ability GC or even a PERM-based GC.
- 0xfaded 9y agoHi Peter, I'm an Australian planning to set up an Australian LLC equivalent for one of my side projects. In the near term I'm not planning to raise investment or hire employees, I just want to start working on this project full time. I would also like to leave my options open. I believe that by establishing a company-employee relationship between myself and the company, I can make myself eligible for an L1 or B1 in lieu of H1B in the future. Is it worth establishing this relationship, and if so what steps should I take? So far I only plan to pay myself a nominal salary. Thank you
- JSlocum1 9y agoHi Peter. It is my understanding that getting a visa is a tough process. Is trying to get a visa as a UK resident whilst having a police caution (not a conviction - but the US doesn't have this distinction) on their record a complete non-starter? For the wider audience, are there any red flags that will prevent someone from obtaining a visa? Josh
- brutus1213 9y agoCan a Canadian PhD computer scientist work in the US on a TN visa? Also, I've heard that an EB1 is possible on a TN. Is this so? Any caveats to this?
- deleted 9y ago[deleted]
- hvmonk 9y agoThanks for the AMA Peter. My question is about premium processing of H1 visa. With premium processing halted, change of employer would have to go to regular H1 processing - which is a matter of months. What is your advise on employment transfer - one should wait till premium processing is resumed, or start working as soon as transfer receipt is obtained, or any other option/advice?
- meIias 9y agoI have an someone at work who is currently in the process of applying for a greencard renewal (f48 I think). They sent out their application nearly a year ago now and are still waiting for the result. Is this cause for concern? Should they hire an immigration lawyer? Is there a chance for them to be denied even though they've been here over a decade as a productive, law-abiding member of society?
- proberts 9y agoYes, if it were me, I'd have someone look at this to make sure that there are no issues, just delays.
- watterso 9y agoDo H1B visas granted outside the cap to employees of universities or nonprofits differ greatly from those granted to employees subject to the H1B cap? I seem to remember reading that an H1B visa granted outside the cap could not be used for working for a company subject to the cap, you would have to reapply and be subject to the lottery. Which makes me nervous about green cards. Could someone with an H1B and working for a university still apply for a green card? Or are H1B's granted for university/nonprofit work not eligible? Thanks!
- proberts 9y agoThat's right, H-1Bs for certain nonprofits (cap-exempt entities) are not subject to the annual lottery/quota but if one wants to move from a cap-exempt H-1B to an H-1B with a cap-subject company, then one needs to go through the lottery. However, part-time concurrent H-1B employment with a cap-subject company is allowed. There is no restriction on pursuing a green card if one is working for a cap-exempt entity.
- watterso 9y agoAwesome, thanks for the reply!
- throwaway50000 9y agoI am a foreigner that wants to work in a US company, however H1B's quotas have been hit. For the O-1 visa, i dont have meaningful contributions to software engineering but I have been exceptional in a sports related field(with meaningful community contributions, international representation, etc). Is the O-1 a possibility for me even though I would enter as a software engineer? Otherwise, is it common to get another kind of visa for a first time job-entry in the US?
- proberts 9y agoYour area of extraordinary ability for O-1 purposes needs to be related to the work you are going to do in the US so unless you somehow are going to work in sports, an O-1 might be tough.
- yagyu 9y agoHi Peter, In this AMA you mentioned a few times that while the EB1A bar is high, it is perhaps not as high as it seems. Any advice for early career academics?, eg As a reasonably successful postdoc at, say, Stanford (good scholarship, steady publication record, presentations at international conferences, and so on, but no proper 'recognized awards of excellence'), is it even worth considering EB1A, as opposed to a EB2 NIW which in contrast seems likely but would take a long, long time? The wording 'sustained ... acclaim' makes it sound like you'd have to be a semi-famous professor, so I kind of ruled it out before. Have you seen young scientists pass EB1A? Thanks
- proberts 9y agoYes, it is worth considering an EB1A.
- 1337biz 9y agoCome on man, give us some meat to chew on...
- proberts 9y agoVery funny. You'd probably have a high chance of success. And the NIW isn't all that it's cracked up to be. USCIS appears to be applying EB1A standards of accomplishment to EB1A applications.
- yagyu 9y agoThanks for your reply, that's encouraging. Follow up question: I can see how the points - Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field - Evidence of your authorship of scholarly articles in professional or major trade publications or other major media are fairly easy to fulfill. Which one would you attack as the third?
- proberts 9y agoAssociation memberships and journal review work.
- tastartup 9y agoThanks for doing this Peter. I am from India I filed for 485 through EB2 and I currently have an EAD when the priority date moved a while ago. The priority date has since receded and will be a few years before I can get my Greencard though. I am currently working on my EAD and would like to start a startup and will be self employed very soon. Is this ok when my priority date becomes current.. Do you see any issues with my Greencard getting approved ? Thanks !
- proberts 9y agoAgain, as noted above, to be able to port your green card application, your new employment needs to be in the same or similar occupation as your previous employment.
- throwawayeb2 9y agoHi Peter, I am currently on EAD/AP (Country of Chargeability: India, EB2, dependent applicant) awaiting AOS. It seems it will take another 4 to 5 years for my PD to be current and visa numbers to be available. I have a startup and we have couple of paying clients. If we decide to setup a India office it is possible to transfer myself to the india subsidiary and get myself transfer back on Eb1 (Multi national executive).
- proberts 9y agoYes but you would need to have worked outside for the Indian company for at least one year and both the US and Indian companies would need to have some employees and be actively operating,
- mehrdada 9y agoHi Peter, What is the estimated timeline for each of I-140 and I-485 in an average EB2-NIW case these days?
- proberts 9y ago12-15 months for the I-140 and after approval 2-6 months for the I-485.
- hooliengentwbee 9y agoHi Peter, I am currently working for Hooli and I am awaiting AOS (with an approved I-140), but want to start my own startup. Is it really safe for me if my AOS is still pending for 180 days? How hard is it to show a startup CEO job (with potentially 0 salary) is similar to a Software Engineer job with a few hundred $ks? Should I wait to get my actual green card and then quit?
- proberts 9y agoAs a general rule, it's not hard but the rub is what you note: the new position needs to be in the same or similar occupation as the previous position and although porting to your own company or self-employment is allowed, you must be prepared to show evidence of your ongoing active present and future work - such as contracts/revenues - with your new venture.
- dingdongding 9y agoHooli? Are you kidding me
- proberts 9y agoI;m not sure that I understand. What's your follow-up question/concern?
- nolepointer 9y agoHooli is a fictional company from the show Silicon Valley.
- sah2ed 9y agoHooli is the fictional company from the show Silicon Valley. Perhaps the company name the questioner meant to write got autocorrected but their username also contains "hooli" so I guess it's use is deliberate.
- atroche 9y agoIs the E3 visa at risk?
- canadian103 9y agoI'm a Canadian working remotely as a contractor for a US startup. I'm looking for a way to visit my employer on-site for a few weeks for training and to meet the team. I'm not a tourist, and I'm not a full time employee, so seems like no visa apply for me. I also own a Canadian corporation and I could structure the remote work contract through my corporation instead of with me personally. Would that make things simpler or more complicated? i.e. can my Canadian corporation send me (the only shareholder) to the US on a work-related trip? Also, is it possible to get a TN visa (assume a new full time job offer in hand) if you have previously worked remotely as a contractor for the same company? Is there an expectation that obtaining a TN visa you have to move to the US or can I continue to work remotely? Do I need to become "resident" for tax purposes if I have a TN, or is that completely unrelated.
- proberts 9y agoA B-1 might be appropriate for what you describe but you could not be paid by the US company while here. And, working remotely for a US company is not an impediment to getting a TN with this company.
- erohead 9y agoAt Pebble we employed Canadian contractors who received TNs for travel into USA for meetings etc. Happy to share our TN docs. Eric at ycombinator
- Deuterio7 9y agoMy brother and I work remotely as contractors for a US company. The company invited us to their christmas party 2 years ago but my brother didn't have his visa at the time. He applied for B-1 and got it with no problems.
- mabbo 9y agoIANAL (Mr Roberts answer is probably more appropriate) but I spent 5 years working for a subsidiary of an American company and had many meetings like this. I'm also a Canadian, living in Canada. At the border, you say that you are attending meetings and receiving training. You are not giving training or leading meetings. It was never a problem given I said those words. Edit: again, Mr. Roberts answer is probably more accurate, and YMMV
- thetruthseeker1 9y agoHi Peter, Thanks for offering to do this. According to new USCISs rules , if you are on H1b and you were let go, you can be in the US two months to find a new job and have your H1 transferred. What happens if you stay say slightly over 2 months and find a job later? In what ways can you run into trouble ?
- proberts 9y agoSo the 60-day grace period wouldn't apply meaning that you would have to leave the US and then reenter to start working for your new H-1B employer. And if this period of time after the 60-day grace period went on for a while, it could impact your ability to get visas in the future.
- cosureshe 9y agoHi Peter, I have a question about EB2-NIW (or EB1-NIW). * I'm a recent PhD graduate in Electrical Engineering with a focus on defense related projects. * I do not have any peer reviewed publications, but several conference publications. * I have several nationally acclaimed fellowships from national labs and federal organizations. * Currently, I have an offer that will set me up as a post doc in a completely different field (from engineering to education) with a very high probability of 5 peer reviewed publications in average impact journals within a year. Should I wait to publish those papers to apply for EB2-NIW? Or should I go ahead and apply for EB2-NIW right now? Will the fact that I've published peer reviewed papers in a different field affect the application?
- proberts 9y agoThat's a tough one. I'm not a big fan of NIWs anymore. I'd need to review your entire background but my gut is to go the EB1A route after your 5 peer-reviewed publications. I assume that there must be some connection between your EE work/background and your career in education. Is it STEM education?
- cosureshe 9y agoIt is STEM Education. I'm form India, which makes an EB2 route exceptionally long. Good to hear that EB1A is a possibility. Regarding the publications, do I need to wait for them to garner citations? or am I good to go as soon as I have them published?
- proberts 9y agoCitations are helpful - more in support of the original contribution criterion - but not required.
- segaman 9y agoHi Peter, thank you for this opportunity to ask a quick question. Is it possible obtain H1B visa while waiting for asylum interview? Thanks again!
- segaman 9y agoHi Peter, thank you for this opportunity to ask a quick question. Is it possible obtain H1B visa while waiting for asylum interview? Thanks again!
- marlonmisra 9y agoHi Peter, The International Entrepreneur Rule is expected to go into effect July 17th 2017. Do you recommend pursuing that path if you can meet the requirements?
- proberts 9y agoIt's a virtual certainty that it won't go into effect then - or ever.
- ChronoJustin 9y agoI have a contractor out of the Netherlands that I'd like to bring full time as an employee to the US (we're a tech company, he does biz dev), what's the best visa we should pursue? Any high level challenges/issues we should expect?
- proberts 9y agoThe options are limited to an H-1B or an O-1, both of which have challenges issues. Is the US company US- or foreign owned?
- ChronoJustin 9y agoUS C corp
- ameen 9y agoHello Peter, I'm a Grad Student with 5 years of Industry experience on a non-immigrant visa (F1). I intent to take up residency in the U.S. after graduating. Is getting a job (H1 -> EB1/2/3 -> GC the only path or could I do a startup (no huge investment)?
- proberts 9y agoAn H-1B as a U.S. graduate is a good option and an O-1 through your own startup might also work but I'd need to know a lot more about your background and potential startup.
- ProblemFactory 9y agoWhat are the realistic "extraordinary achievement" conditions of an O-1 visa? The information online makes it seem that it is for olympic medal, nobel prize and oscar winners.
- proberts 9y agoIt's nuanced so it's hard to define but oftentimes the creation of a company that is doing something novel is enough to support an O-1 even if the company has limited funding or clients.
- danajp 9y agoHey Peter, thanks for doing this! Two questions: (1) I had an H1B visa that was awarded starting with Oct 2011. However, I ended up never using it because I decided to stay in Europe. I have come back to the US in 2015 to get a 2-year MBA from a top 5 school and am considering applying for the H1B again in April of next year. Does this mean that I can only have the H1B for 3 years? What happens after 3 years? (2) I probably will never stay in the US if my husband cannot come and work here with me. Could you please confirm whether or not the spouses of H1Bs are allowed to work? Thanks so much!
- proberts 9y agoYou should be able to get the full 6 years in H-1B status and H-4 spouses cannot work as H-4 spouses unless the H-1B principal has an approved I-140 petition.
- y248zhao 9y agoHi Peter, Thanks for the AMA, it is extremely helpful. I am a Canadian citizen looking to Incorporate a c-corp in US and move to the bay area in the near future to work on the business. What is the best route to take with regards to visa. The company will be based out of the bay area. Background: I graduated from University of Waterloo last year and have worked in the bay area previously on TN visa.
- proberts 9y agoAs a general rule, CBP and USCIS will not approve TNs for founders or owners of the sponsoring employer so your options would be an E-2 (based on an investment) or O-1.
- y248zhao 9y agoThanks Peter!
- designium 9y agoI read that you can have L1 visa for new office in the US if you already have an existing corporation outside the US.
- y248zhao 9y agoI believe you are correct. The downside of L1 from what i read is that you have to maintain an office outside of United States. This is a bit difficult for startups with just the co-founders. Correct me if i am wrong.
- proberts 9y agoThat's correct. During the life of the L-1, the company needs to maintain an office and active operations outside the US.
- y248zhao 9y ago
- marlonmisra 9y agoHi Peter, What paths should a Canadian TN visa holder explore to start a company?
- proberts 9y agoE-2 or O-1.
- marlonmisra 9y agoWhat's the success rate of founders getting E-2's if they get funding from YC?
- proberts 9y agoThe success rate of E-2s in general is high but remember that the investment, to qualify as investment in the E-2 context, must be from citizens of the same country as the applicant so YC money and the money from any US investor is not directly relevant in the E-2 context.
- spacejockeys 9y agoPeter - thank you for doing this! For founders that have non-citizen employees: What is the best approach for assessing the risk that Trump's travel ban and/or immigration restrictions will affect your team? How much should one worry about the team's dependents (spouse, kids, parents) either because your team member is affected, or because they are independently affected? (eg, a US citizen employee is married to a non-citizen.) What are the key risks of new policies? If we have folks on different kinds of visas, are some "safer" than others? Any guidelines that founders should put in place in order to avoid risks created by new policies? Thanks for help, there is a lot of FUD on this topic.
- proberts 9y agoThat's a complicated, fluid, and fact-specific question. Unfortunately, given what's at stake, you should retain an attorney to analyze the issues and risks and come up with some type of plan/solution.
- licensekey 9y agoHi Peter, thank you for taking your time to do it. What is the difference between O-1 and green card in terms of requirements? If one got O-1 does it mean (s)he can get green card next?
- pinkberry1212 9y agoGood question! I'd like to know this too. O-1 holder here, how hard is it to get a more permanent status? What are the downsides in staying on O-1?
- user-on1 9y agoHi Peter, Can an individual on H1B - Volunteer for a non profit organization - Mentor an individual assigned by non profit organization in studies like maths, computer science etc,. or extra curricular activities like drawing, coding hackathons, tennis etc,. - Help in fundraising for a non profit. Kindly advice. Thanks.
- proberts 9y agoI don't see any issue as long as there's no compensation for this, no quid pro quo.
- marlonmisra 9y agoHi Peter, Any downside of doing the Green Card diversity lottery if one is already on a visa?
- proberts 9y agoNone
- user-on1 9y agoHi Peter, If an individual has 8 years of software development experience and 7 patents, what are his chances of getting through EB1A.
- amorphid 9y agoDo you help non-USA startups import talent to non-USA countries? If yes, what country have you found is immigration the easiest?
- proberts 9y agoI don't but I know good local immigration service providers in a lot of countries if you need referrals.
- austinkank 9y agoCan a person on H1B visa use options such as driving lyft,uber, or amazon flex to deliver goods, as they provide 1099 and not W-2. Will it violate the H1B visa status and any complications for filing taxes? Thank you very much in advance.
- whatalife 9y agoCan you answer this question plz? I have Q's of same kind. Thanks!
- amorphid 9y agoWhat is the optimal way for a USA company to hire foreign remote workers? 1099 contractors?
- proberts 9y agoIf they remain outside, they can be employed as W-2 employees or 1099 contractors. Which option is best (meaning from a tax perspective) will depend in part on the local rules in that country.
- amorphid 9y agoIt never occurred to me that hiring on a W-2 outside the country was an option. Thanks!
- 0rgh0 9y agoHi Peter, Appreciate your taking the time to do this. I'm on an L1-B currently with a software product firm, and have been researching ways to move towards an EB1C application for a Green card. My position in the company, in terms of "job level" is at par with Engineering Management. I've been in this role prior to my move to the US and am in line for a promotion here. However, my job description does not involve "hire and fire" capabilities or people reporting directly into me. I lead a functional area and engineering teams within it. Does this then qualify me for an L1B to EB1C application or is this very unlikely? What would your suggestion be in my case? My company qualifies for all other requirements for the EB1C.
- proberts 9y agoIt's not a non-starter but the absence of direct reports would need to be overcome by a strong showing of indirect reports and a high degree of independent discretionary decision-making with respect to the function that you manage.
- 0rgh0 9y agoThanks, that helps. For evidence of "high degree of independent discretionary decision-making", are certified notes from the company's senior executives and HR considered admissible? It sounds like this would be something that can warrant very strong justification.
- proberts 9y agoYes, statements from management regarding responsibilities as well as copies of performance evaluations if available and helpful would support this.
- austinkank 9y agoCan a person on H1B visa use options such as driving lyft,uber, or amazon flex to deliver goods, as they provide 1099 and not W-2. Will it violate the H1B visa status and any complications for filing taxes? Thank you very much in advance.
- baristaGeek 9y agoIf president Trump does abolish the International Entrepreneur Rule, would the requisite to enter the US then be get an H1B1 (get hired by your own company) and get paid a salary that passes the new H1B minimum salary?
- proberts 9y agoSelf-employment isn't allowed in the H-1B or H-1B1 context. The options would be an E-2 or an O-1 (assuming that you're not from a country that has its own visa).
- faraz971 9y agoChances of getting EB2 NIW? Hi Peter, I'm a PhD candidate ...
- proberts 9y agoHigh but I'd go the EB1A route instead.
- kentosi 9y agoHi Peter, Australian here on an E3 that's converting to an H1B. Can I have side-income via blogging ad revenue, youtube ad revenue/etc, so long as it's only earning Australian dollars into an Australian bank account? I know I'm not allowed to have any other income, but I assumed that was only for the US. Thanks in advance!
- proberts 9y agoNot really, unfortunately, but it's confusing because US immigration law hasn't caught up with remote employment.
- anarazel 9y agoIs it possible to have an Australian LLC equivalent or somesuch that collects the payments?
- dergachev 9y agoI'd like to know this as well.
- vincentmarle 9y agoI looked into this recently and if you own a foreign company (aka CFC: Controlled Foreign Corporation) you have to report that to the IRS. And once the IRS knows, then presumably the USCIS will find out as well.
- anarazel 9y agoRight, you've to report it. But the question is if that's actually against the rules - it's not entirely clear to me. I'm personally lucky enough to now have a greencard so I don't have to worry about it anymore...
- corn_dog 9y agoOut of curiosity, why would you convert to an H1B?
- nedwin 9y agoJust wanted to say thanks for doing this. Peter has been an awesome partner to work with on immigration issues in my last company - and we had a lot of challenges* - and even casual advice for myself over the years. Thank you! *one founder without a tertiary qualification, one kiwi founder
- marlonmisra 9y agoHi Peter, If you're on H1B and quit your job to do a startup (using O1 or E2 or another visa), and the startup doesn't work out, do you need to pass the lottery again if you need another H1B for a new employer? Any way to skip the lottery the second time?
- proberts 9y agoNo, you shouldn't have to go through the lottery again.
- whodathuh 9y agoHi Peter, thanks for doing this. I'm Canadian and have had two TNs working in the USA. Is H1B the only path to a green card? My recruiting firm seems to think that due to my specialized skill set and work of national significance they can fast-track me to green card? I'm not sure what that means... is that even a thing? Thanks!
- gesman 9y agoI'm Canadian citizen entered USA using normal TN (skilled worker) in August 2015. In June 2017 all my family (wife, 20 yo son and daughter) - all got green cards. Lawyers for company I working for oversaw the process and tried to apply for H1B but it was refused or something. However they used some other method and succeeded and i think we got results pretty fast. I think lawyers did amazing work. If you (or anyone) interested - will be happy to give reference.
- deleted 9y ago[deleted]
- miguelrochefort 9y ago- Canadian - No degree - Software developer - 3 years of experience How can I move to the US permanently?
- proberts 9y agoUnfortunately, it looks like I'll need to sign off now but I'll check back in later today to try to respond to all unanswered questions and comments. As usual, this has been a pleasure and very informative for me to hear what's on everyone's mind. Thank you for your insightful questions and comments.
- d--b 9y agoHi Peter, thanks for doing this. I have a green card and am running a company in the US. I spend most of my time in France, what are the required conditions for me to keep the green card? The criteria seem unclear...
- paulsutter 9y agoYou should retain an immigration lawyer. Note that lack of clarity is more likely to be used against what you want than for it.
- deleted 9y ago[deleted]
- pcrate 9y agohey peter, Am living in the US (BayArea) on H1-B and my Green Card has just started - literally just started by submitting the documents via the employer's attorneys. If I want to start my start up, what are my options ? As a single founder ? As a co founder ? Should I be employed in my own company giving myself salary ? And is starting a company while on H1B even possible ?
- marlonmisra 9y agoHi Peter, What are your thoughts on going directly from TN to Green Card via EB1/2/3, without going to H1B first?
- mariopt 9y agoDo citizens from countries who are covered by the ESTA Authorization have an easier time getting a VISA?
- ForrestN 9y agoHi Peter, From your perspective, how related is tech immigration policy to broader immigration policy? Does pushing for better access for well educated, successful people help or hurt the broader plight of people wishing to enter the United States? Is there any relationship between the sorts of questions people are asking here and policy around refugees, for example, or are these subjects completely unrelated? Can members of the tech community who are pressing to make it easier for (relatively) privileged people entering the U.S. be confident that that their lobbying isn't inadvertently disadvantaging other less fortunate immigrants and would-be immigrants? Thank you for taking so much time for us!
- chriswoodford 9y agoAs someone who has worked with Peter in the past, I can say from experience that he is the real deal! Helped me and my family get back into the US after a CBP agent denied my TN-1 renewal. Peter, here's my question for you. If Trump pulls out of or re-negotiates NAFTA, as he claimed he would do in his first 100 days... What, if anything, would that mean for TN visa holders? Would it be an instant, no questions asked, return to Canada. Or would there be some sort of transition period?
- copperx 9y agoWhy did the agent deny your renewal, if I may ask? I thought TN renewal denials were pretty rare.
- chriswoodford 9y agoAfter the <5min interview he didn't believe that I qualified for the TN-1 Visa. Even though I had been granted the initial one 2 years prior. Since the decision is solely at the discretion of the CBP agent, that's all there was to it.
- cooldevguy 9y agoSO interested in this as I am in the same boat, but I'm Mexican
- tanishagarwal 9y agoHey Peter, Appreciate your taking the time to do this. I am 21 year old and I have done a course on photography from India. Now am getting internship opportunity in Chicago for 4-6 Months. I was wondering if you can suggest me the best way to enter U.S. and do this internship. My only reason to come to U.S. is to learn and intern under the photographer. Which will be the best way for the same? Thanks in advance.
- dansman 9y agoPeter and his team are great. They really have the right experience and sensitivity preparing visa applications for tech talent. It took for my EB1a application 8 business days to file. I have recommended him to my friends looking for visas.
- _a1 9y agoHi Peter, thank you for the AMA. If an H1B visa application got accepted for a start date in October 2017, how long after this start date would the person still be able to come to the US to work and still claim the visa? Does the visa expire if it's unused? Can they come a few months late (December 2017 - January 2018)?
- dang 9y agoI just got an email from Peter asking if it was "ok to take a break" and then another saying he was "beginning to fade". I think you guys burned him out :) We'll ask him to come back soon and get him to take breaks next time; 90 comments in 3 hours is most impressive but no one holds out against the beast forever. In the meantime, I hope there is enough general info and tips in the thread to be of some use to the people who haven't (yet!) gotten to ask Peter a question.
- proberts 9y agoThanks. I'll be logging back on later today to answer more questions.
- danfo 9y agoHi Peter, thanks for your time! I'm an Australian currently looking for web development work (on E-3). I have a Bachelor of Design (Visual Communication) and 10 years dev experience. If the job I apply for requires a 'Bachelor of Computer Science or equivalent' and they hire me based on experience, is it OK that my bachelor's isn't CompSci, to satisfy the E-3 requirements? Is it better if the job listing requires just 'A Bachelor degree'? Is it better if the job is front-end/UI related, where my degree is more relevant? A recruiting manager for a large company had no problem with my E-3 elligibility, but from further reading I'm not so sure. Thanks!
- johmathe 9y agoHi Peter, thank you so much for doing this. I have a question related to the Green Card process with EB2/NIW and simultaneous O1 visa. Say, someone is on an O1 that is expiring in August 2017. That person also has a Green Card EB2-NIW process ongoing: i140 accepted in December 2016, the NVC immigration visa process is currently on hold, waiting for acceptation of a G28. Can the O1 visa be extended or can someone apply for another non-immigrant visa while waiting for the immigration visa / Green Card? How long do you think it would take to get the G28 accepted (it has been 3 months now), and to get the Green card in this way, given the current situation? How long do you think it would take to be granted an extension of an O1 visa? Thank you very much.
- alvarosevilla95 9y agoHi, I'm a software developer with 9 months experience in a big company with a b.s. In computer science from a top European school. It seems impossible to get into the US at the moment, and my few attempts have failed. What should my expectations be in terms of getting a good company to accept to sponsor a visa in the current circumstances? Thank you very much for your AMA.
- tapatio 9y agoInteresting, that's the same experience I had trying to get a job in Germany!
- Jhsto 9y agoHave you tried J1?
- alvarosevilla95 9y agoI am not familiar with this visa, but if I understand correctly it's aimed at students who require US entrance to complete their education, is intended for 'short' periods and you must return to your home country for two years before being able to apply for an inmigration visa. This raises two issues: as a graduate, it would be hard to justify this visa unless I went to the US for a graduate degree, and it would not allow me to start long term career. I would love to hear your thoughts about this, and thank you for your reply!
- Jhsto 9y agoJ1 is for internships. It is known to be exploited in white-collar work such as programming though. What this means is that you can get paid the normal sum and are treated (unless a shitty workplace) equally despite the visa implications. You have a year or two (if I recall) of time to apply for a J1 once you have graduated. You don't study while on a J1. And yes, J1 can be approved from 3 to 18 months. It's not a long time, but depending on what your goals are (if 95 in your name stands for year of birth, you are young, maybe just to experience the valley) then it might suit you. I know people who have got H1Bs, O1s and L1s after J1. I'm not sure what the process is like, but AFAIK it includes some lawyering because J1 is a non-intent visa. edit: I forgot to mention that the two year home residency requirement does not apply to you if you pay for your trip yourself. Only if you use government funding during your stay will you be applicable. Although I've heard that residents of certain countries can have the ban waived if needed. Not sure is that right though. And to clarify, I'm no lawyer, but someone who was on J1 in the valley a year ago.
- kreeWall 9y agoHi Peter! Firstly, thank you for this! I'm on OPT (STEM extension) - i majored in actuarial science. Am I allowed to earn money from art on this visa? Why or why not? I haven't been able to find anything in the law stating either way.
- kreeWall 9y agoI know it's outside my major, but it's technically not a job. Backstory- I've been asked to paint something for my city, but I would be paid one third of the auction price. Also, I've been asked to sell my art at galleries.
- oli5679 9y agoHi, I'm in the U.K. I work as an economist and am really interested in programming (reasonable component of my job, have made a couple of cool side projects and completed some online courses and programming challenges). Is it possible for me to use a Computer Science masters to find a full time programming/analytics job in the US, and if so what do I need to do to get in to the best program possible, given ba was in economics?
- zaatar 9y agoThank in advance! How easy is it for a French Citizen holding a DVM (Doctor of Veterinary Medicine - 5 year degree) to secure a H1B? Are there any other work visa classes they would qualify for?
- Sukotto 9y agoHi Peter I'm late to the party. Posting on the off chance that you are still around. Any reply appreciated, even a couple of words. Question: How should I think about entering the US and gaining permission to work? Background: Canadian citizen, married to a (naturalized) US citizen (10+ years, kids), and am the breadwinner in our family. Worked on System Analyst TN1 for 5+ years, switched to H1B until the renewals ran out, then back to TN1. Moved out of the US in 2012, now living in Japan. We're considering to move back but don't have a clear idea of what doors are open and which one to aim for. TN work permission seems unlikely because I've had so many of them and hard to argue "temporary" when I have a US wife and kids. Greencard, on the other hand seems unlikely because they disregard my current income and earning potential and want my wife to prove she can support me. What is the smart approach?
- tsuyoshi 9y agoYour wife could move to the US, get even a minimum wage job, and sponsor you for an IR-1. This would require living apart for probably at least a year. Or, if she has any family or friends in the US, they can sponsor you. This is what I did for my wife's visa - my brother sponsored her. Or, if you have some savings, you can use that instead of income. Savings counts 1/3 as much as income. Or... you really should not go to the US on the visa waiver program with the intention of filing for adjustment of status after arriving. But, if you do enter the US without that intention, you can then file for adjustment of status. I would not bother filing for any other type of visa, personally. Permanent residence will, among other things, make the job search easier.
- Sukotto 9y agoThank you for your suggestion tsuyoshi.
- buremba 9y agoHey Peter, I'm a 25 year old founder who started a company right after the college. I started the company via Stripe Atlas in Delaware and recently moved from Turkey to San Francisco. Now we're in Batch21 of 500Startups and plan to stay here for the next year. I have B1 visa right now and looking for ways to extend it in order to be able to stay here. 1. 500Startups invests $150K similar to YC and since I only have a single company incorporated in USA the investor visa doesn't seem applicable to me. 2. Getting an O1 visa is also may not be easy because I just got my undergraduate degree from the university and my only success story is the company that I have right now. 3. A few attorney suggested me to apply for an MBA program but it's expensive in San Francisco and I don't have enough time for that. So what are my options right now? I was waiting for the startup visa that will go into effect on July 17 but it looks like Trump might kill it. I feed desperate right now since I really believe that I should stay here because our potential customer base is in SF and our growth rate can be much higher if we can live here.
- deskamess 9y agoGiven the long(er) times in EB1/management category for green cards, is it better to do consular processing if you have the option?