27 ms·
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
Time for another AMA. Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts https://news.ycombinator.com/submitted?id=proberts.
I'll be here for the next 5 hours. As usual, there are countless possible immigration-related topics and I'll try to respond to whatever questions you ask but as much as possible I'd like to focus on issues related to the pandemic and the corresponding travel and visa bans and suspensions, office closures, etc. 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!
- proberts 6y agoI can see that I am getting a lot of questions about options to move to the U.S. The answer is going to be very fact-specific - tied to your background/achievements. If you would like me to assess your options, please email me your CV.
- avthar 6y agoFor international students in the USA who are looking to found a company, what's the path look like immigration wise? I know you can go down the H1-B, O-1 or Green Card route, but what do you commonly advise?
- proberts 6y agoDo you mean while a student or after you graduate?
- avthar 6y agoHow about both cases. As a student you're on CPT and OPT. And after you graduate, OPT. Is there a huge difference?
- proberts 6y agoYou can't work for your own company while on CPT and you can while on your first year of OPT and with some additional restrictions/requirements you also can work for your own company while on STEM OPT.
- Nydhal 6y agoCan you please tell us more about the STEM OPT restrictions/requirements? I am exactly in that position right now!
- praveen9920 6y agoAre there any changes done for US immigration laws during COVID? How would it impact existing and future YC startups
- proberts 6y agoAll the changes really are limited to entry into/travel to the U.S. so if one is outside the U.S. or inside the U.S. and hoping to travel outside, the various travel bans and restrictions, etc. could impact one's ability to travel/return to the U.S. Those same bans and restrictions generally don't apply if one is in the U.S. And even with the bans and restrictions, many visas aren't subject, including the B-1/B-2, E-1, E-2, E-3, H-1B1, O-1, and TN.
- WrtCdEvrydy 6y agoDo you want to partner with someone in the tech industry to deliver some sort of technology product? Every time I talk to a lawyer, they always have some part of the system that's failing them completely and working with them has always been enlightening in a depressing way.
- ra7 6y agoIs it risky to change jobs on H1B with an I-140 approved right now? Both in terms of H1B transfer and especially a new PERM filing since a lot of Americans are out of jobs right now. Have you noticed or do you anticipate PERM filings being difficult? Thanks for doing this, Peter!
- proberts 6y agoTo date, because of the pandemic and job loss, I haven't seen any change in H-1B or PERM processing (and in fact I would argue both have improved in recent months) but it's possible - even likely - that PERM processing will be impacted because of the job loss.
- justaguyhere 6y agoIf someone on H1b wants to create a business, a non profit, or just wants to freelance - what are the options available to them?
- proberts 6y agoThere's no option to freelance while on an H-1B visa and the options to work for another entity concurrently - that is, to get paid by another entity - are very limited and self-employment is generally prohibited. That being said, preliminary steps to create a business or to volunteer for a non-profit are allowed.
- neosat 6y agoThanks! Can you please provide any further links (or keywords to search for) regarding the 'preliminary steps' that are allowed?
- kgycombinator 6y agoThank you! I was going to ask the same question. Also, once the business set up..what if it generated profit as h1bs are not allowed to get paid by other entities..
- proberts 6y agoReally complicated and nuanced stuff unfortunately. What's clear is that one can incorporate, get office space, build a product, and even get funding and that one can't get paid cash for work done. Everything else in between is nuanced, such as generating revenues if not taking a draw or cut. I'd be happy to talk this through with you and anyone else but my general approach is that once the business is real (not a great definition, I know) and not just a hobby or side project, one needs to get work authorization.
- masalachai 6y agoThanks for doing this, Peter. My I-140 is approved and my wife has an EAD. Are there any restrictions that would prevent her from opening an LLC and getting paid for her freelance work through it?
- dkochmex 6y agoHey Peter, Thank you so much for doing this! Im a German citizen living in Mexico. Since I have been to Iran I no longer qualify for ESTA and had to apply for a visa at the embassy here in Mexico City to visit the USA. My visa has been in processing for 2y now and I have not received any response other than "still in processing, we will be in touch". What do you recommend? Is there anything I can do to accelerate this? Or withdraw the application and apply from Germany? Thanks a lot!!
- brummm 6y agoNever heard about not being eligible for ESTA after having travelled to Iran. WTF? What kind of weird rule is that?
- dlgeek 6y agoFrom https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html https://travel.state.gov/content/travel/en/us-visas/tourism-...: "Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, travelers in the following categories must obtain a visa prior to traveling to the United States as they are no longer eligible to travel under the Visa Waiver Program (VWP): Nationals of VWP countries who have traveled to or been present in Democratic People's Republic of Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country). Nationals of VWP countries who are also nationals of Democratic People's Republic of Korea, Iran, Iraq, Sudan, or Syria."
- sherlock_h 6y agoYup. This was enacted in 2016: https://de.usembassy.gov/more-information-on-visa-waiver-program-changes/ https://de.usembassy.gov/more-information-on-visa-waiver-pro... You have to travel on a B1/B2 visa if you were in Iran/Iraq/Syria after 2011. I was affected by this but in the end it's more of a admin headache than anything else. The B1/B2 visa are pretty easy and are valid for 10 years.
- C1sc0cat 6y ago
- dom96 6y agoWhat are the rights of someone on an L1 VISA in the US with regards to starting up a business?
- ramadis 6y agoMy country (Argentina) has a lottery(esque?) approach to giving work visas for the US, so basically: even with company support, work visas are subject to probability (~30% chance of getting it for a given year). Do you have experience, or do you know, how companies handle hires from countries with this methodology? Thanks for doing this AMA!
- conanbatt 6y agoIt's not argentina that has a lottery, it's the US. Thats the H1B process. That is also suspended for this year.
- proberts 6y agoThe next H-1B lottery will take place in March 2021. The proclamation suspended the issuance of new H-1B visas; the lottery hasn't been affected and those in the U.S. seeking to change their status to H-1B or extend their H-1B status haven't been affected.
- armSixtyFour 6y agoI'm a Canadian residing in the United States and have been on a TN for a few years and was selected in the H1B lottery this year. Would the visa ban prevent me from re-entering after October when I receive the H1B? Would it also prevent me from switching jobs before January when it expires?
- digianarchist 6y agoVisa ban doesn’t affect Canadians. https://twitter.com/gsiskind/status/1275913510145462272 https://twitter.com/gsiskind/status/1275913510145462272
- proberts 6y agoThat appears to be so because Canadians are visa exempt but there's been no explicit statement/clarification of this by the government.
- digianarchist 6y agoGreat point. This could be changed or clarified at any moment.
- deleted 6y ago[deleted]
- ameen 6y agoIs Trump’s plan to bring merit-based immigration going to affect country-based quotas?
- digianarchist 6y agoThe RAISE act doesn’t touch country quotas for employment based Green Cards. In fact on my reading it implements a cap for spouses and children for family based immigration.
- ameen 6y agoThank you. My question was in response to this development: https://www.youtube.com/watch?v=pk7iQtad2Qo https://www.youtube.com/watch?v=pk7iQtad2Qo Didn't know it referred to the RAISE act.
- digianarchist 6y agoNobody knows what this is but it’s likely RAISE plus some amendment for DACA. It has to go through Congress though so take it with a pinch of salt.
- CraftThatBlock 6y agoI'm a Canadian with no degree, is it possible at all to work inside the US for me? What about working for a US company remotely from here?
- proberts 6y agoUS immigration has no say over working remotely for a US company so that's fine. Also, depending on your qualifications and field, there are visa classifications that don't require a degree, such as an E-1, E-2, L-1, O-1, and certain TN occupations.
- namank 6y agoHas the current political climate affected Canada to US TNs or are they still being issued as before? Any particular port of entry that you'd favor/avoid?
- proberts 6y agoWe're starting to see greater scrutiny and more irrational decision-making (such as concluding that a degree in computer science isn't an appropriate degree for software engineers) but for the most part, TN applications are being processed as before (by USCIS and CBP). Regarding ports to favor/avoid, the answer really depends on the nature and quality of the TN application.
- LeoHaggins 6y agoHow could a potential trump re-election could impact the current working visas L1/H1B/O1 processings?
- entityresq 6y agoI'm a PhD from Bio background who became a data-scientist in a health-care related (but not biology research) company. I have been reasonably successful in this job, but because of the change in fields I lost my H1B to a failed RFE the one time I passed the lottery. Now I'm thinking of doing an O1 application, but my assumption has been that all my expertise must now be demonstrated in this new field of health-care data analytics and not from my PhD times, and I'm working on it. My question is, has the difficulty of getting O-1 visas gone up significantly in the past year or so?
- proberts 6y agoNot really. It's gone up a bit - or more sideways I should say with USCIS raising different issues - but really we haven't seen much of a change in the approval rate.
- bjornsing 6y agoHi Peter! I’m a highly skilled engineer and reasonably accomplished entrepreneur (founder of a VC-backed startup that is still alive but hasn’t taken off, and I no longer work there). I’m a natural born citizen of Sweden and I live there. I’d like to emigrate to the US, with citizenship as the goal. I can spend a bit of money on it, but I’m not wealthy. What’s my best bet? What would you say is the probability of success? Thanks in advance, Björn
- proberts 6y agoThe answer really depends on your background/accomplishments and whether you would be working for your own company or for another company. Oftentimes, for entrepreneurs, the best and easiest option is the E-2 investor visa, which is available to Swedish citizens.
- bjornsing 6y agoThanks For the E-2 suggestion! Since my goal is US citizenship and I’m in-between projects right now I’m open both to working for my own company or for another company. I have a master’s degree in engineering physics. I’ve had senior leadership roles in two VC-backed startups (one of which I founded and was CEO of). I’ve been covered in the press, by regional newspapers and national tech media. I’ve spoken at a number of tech/telecom conferences. I’m the inventor on a handful of patents. Does that help narrow down other paths?
- proberts 6y agoWe should talk. It sounds like you'll have a good argument for a green card which then leads to citizenship. The question is which path to take in the short-term and the strength of your background likely would allow you to get an O-1 through your own company or another.
- deleted 6y ago[deleted]
- beervirus 6y agoDoes YC pay your standard billable rate, or do they send you enough business to warrant a discount?
- klaudius 6y agoQuestion about E-2 visa (investor visa)... If I create a US company from abroad and start making money, can that revenue in US bank account be counted as investment? Or should I transfer the money back home and then reinvest in US business?
- proberts 6y agoNo, that would not count as an investment for E-2 purposes. The money needs to be controlled/owned by a citizen of that country or a company owned by citizens of that country and then invested into the U.S. company to be counted.
- the_h1b1 6y agoWhat was your process of creating a US company from abroad? What was your process of making money while you were abroad?
- dvfurlong 6y agoAs a European entrepreneur with some success and some international recognition what would you recommend is the best strategy to get a US work visa and move there. For instance starting a new company in the US or a new branch or something like the O1 visa? I have British, Irish, Polish nationalities and perhaps one of the them has good odds on a visa lottery? Thanks!
- proberts 6y agoThe answer really depends on your background/accomplishments but (based on the limited information provided) it appears that the O-1 and E-2 visas might be good options as well as the L-1.
- vowelless 6y agoQuestion about E2 treaty countries. If one is an E2 treaty country citizen, and starts a company in the treaty country, how difficult would it be to create an American presence? Could you go a bit more into E2 and how it could be used by start ups (if at all)? And also, could you go a bit into what an E2 treaty county citizen can do to live/work in the US?
- proberts 6y agoThe E-2 is a great and really the best option for entrepreneurs if you have home-country money to invest in the U.S. company and an E-2 can be used for new U.S. companies with no employees - yet. If for example your citizenship is French, then requirements for an E-2 are as follows: the U.S. company needs to be at least 50% owned by French-owned companies or French citizens (who also are not U.S. citizens or green card holders), a substantial amount of money from French-owned companies or French citizens needs to be invested in the U.S. company, a substantial amount of money needs to be spent by the U.S. company in the U.S. on business expenses, and the U.S. company needs to have a strong/clear business plan that shows likely job growth (the hiring of U.S. workers or green card holders) over time.
- thatguy21991 6y agoThank you for doing this! I
- throwaway3neu94 6y agoHow to satisfy the PERM physical notice posting requirement when all offices are closed due to CoViD (keycard access is revoked, all employees WFH)? Is it enough to post it in an empty office and/or electronically on the intranet? What if the office never reopens, or not anytime soon?
- tequila_shot 6y agoI think along with the physical office, you also have to post it in journals/job boards etc., I think it should not be impacted, but will wait for proberts to respond.
- proberts 6y agoThe requirement to post a notice of filing either physically or electronically hasn't gone away because of the pandemic although the DOL has relaxed the requirement. One solution is to post electronically if a physical posting isn't an option.
- deleted 6y ago[deleted]
- thatguy21991 6y agoHi Peter, I’m currently on h1b and my visa stamp on passport is from my ex employer and is expired. Is it too risky to travel abroad? Will I still be able to get a new visa stamp due to the visa ban? Thank you!
- proberts 6y agoIt appears that you are subject to the ban on the issuance of H-1B visas so you could be stuck outside for a while if you leave.
- tinbad 6y ago(Current green card holder) I was scheduled to have my citizenship interview in early April that got de-scheduled. On USCIS website it still says I’m scheduled to complete the citizenship process in August, which seems unlikely. Do you have any insight as to whats a realistic timeline to receive my citizenship?
- conanbatt 6y agoI'm moving to the US on an H1 the first time with my wife and daughter, and interested to bring my nanny as well. 1- My wife wants to be able to work shortly and my understanding is that she won't be able to on an H4 until my I-494 is approved). Is it feasible for her to do a J1 if an employer is willing? Are there other options? 2- I'm working on getting the nanny a B2-domestic, but consulates around the world are closed which puts a very long delay on the process. Is it possible to bring the nanny on a tourist/business B1/B2 and do the change within the us? Are there other options?
- proberts 6y agoYour wife can't apply for work authorization while in H-4 status unless and until you are the beneficiary of an approved I-140 petition (which is a step in the green card process) and the only way for an accompanying nanny to work in the U.S. is to apply for work authorization while in the U.S. in B-1 status.
- conanbatt 6y ago> and the only way for an accompanying nanny to work in the U.S. is to apply for work authorization while in the U.S. in B-1 status. My understanding is that we can get the B-1 visa for domestic employee outside the united states. Some counsel has told me that entering the US with the tourist /Business B1/B2 is could be risky. Do you work on the B1 nanny cases or have a referral of a lawyer to work with such a case? I'm interested in hiring counsel to make it happen.
- thecreamedcorn 6y agoHow do you justify being an American whose work entierly revolves around taking jobs that Americans could have fulfilled and trying to give them to people who are not citizens, did not grow up here, and see America as nothing less than an institution they can use to get ahead?
- conanbatt 6y agoHow do you justify Americans working for non-american employers within the US?
- thecreamedcorn 6y agoIf your talking about transnational corporations that have a base of operation in a given country then they made a financial decision to invest in people and workers from that country, not game the system by bringing in foreign workers for cheaper wages.
- conanbatt 6y agoIf you don't let non-americans into the us, they cant be employers of americans.
- thecreamedcorn 6y agoYes because I'm sure this attorney's work revolves around hiering CEOs and management positions. Point being that a tiny fraction of the people being brought here are not going to be employers and buissness owners. Most people are just taking jobs from Americans.
- sg47 6y agoHalf the country doesn't believe in science and that's where most of the work is. That's why you need high-skilled immigrants. But companies like TCS and Infosys do take away jobs from Americans.
- pain_perdu 6y agoAre the border agents at US airports currently processing TN applications? Are all TN workers considered 'essential' during the current situation?
- kirill5pol 6y agoNot a lawyer, but far as I know flights are not restricted between the US and Canada only ground border crossings.
- proberts 6y agoThe limitation to essential travel only applies to land and sea crossings but regardless coming to the U.S. to work (by applying for admission in TN status) is considered essential travel.
- galonk 6y agoI am a Canadian technical writer who is also a programmer and a graphic designer. Is it easier for me to work in the states through a TN visa (which specifically mentions technical writers)? I've never tried looking in the US but I've always wondered if that would help ease some of the visa issues.
- proberts 6y agoThe TN is a good option and all occupations are good TN options (depending on your education because there needs to be a nexus between your education and the job): technical writer, (software) engineer, and graphic designer.
- VintageLight 6y agoYou should choose the TN occupational category that will fit your job description and experience/education best.
- proberts 6y agoThat's correct and the occupations that I/you listed are all solid TN occupations - meaning generally there's no issue getting them if you also have the appropriate corresponding education.
- lhorie 6y agoThe TN visa does not have a lottery, unlike the H1-B. It also comes out much faster.
- temp_2020 6y agoHi Peter, I am an Indian citizen on an H1B. Recently, my H1B was extended and so I have the I-797A. However, now the H1B stamp in my passport has expired. I would like to travel outside the country in the fall, but it seems like traveling back to India to get a stamp is not a possibility. What are my options to get my passport stamped? Or should I not even bother taking such a chance and stay put?
- proberts 6y agoStay put. It appears that you are subject to the latest proclamation/ban on the issuance of H-1B visas and further nearly all US Consulates are still closed and not processing visas except in very limited circumstances.
- temp_2020 6y agoThanks!
- sharmajai 6y agoWhile I agree that Peter's suggestion is the safe thing to do, based on the following tweet from the official account, if you were in the country legally on 06/24, the proclamation doesn't seem to apply. https://mobile.twitter.com/TravelGov/status/1285331446232743938 https://mobile.twitter.com/TravelGov/status/1285331446232743...
- mtremsal 6y agoBeing exempt doesn't help in practice when consular offices are closed.
- codegeek 6y agoPeter, if someone is stuck on a tourist visa that is now expired but they cannot travel back to their home country yet due to travel bans, what else can be done other than waiting ? Extension application has already been filed for months since pandemic started but no communication from USCIS yet and the I-94 is now expired.
- proberts 6y agoThat really is the best option - filing an extension - and extension applications are taking a while, 3-5 months.
- svmanager 6y agoWhat strategies are companies using to make sure employees can stay working through any sort of visa issues? Canadian incorporation? Other international offices?
- proberts 6y agoFor those with global operations, temporary assignment abroad is often a good solution. And sometimes, depending on the issue, another visa classification can be a solution, such as an O-1.
- zamalek 6y agoHow does the administration's hold on Green Cards affect people already in the process (from PERM through green card in-hand)?
- zolombot 6y agoHi Peter, wondering if you seen any changes (due to pandemic and political climate) regarding enforcement and interpretation of "continuous residence" requirement both in terms of naturalization and maintaining permanent residence for green card holders. Specifically do you think whether there a risk of losing a green card or N-400 being denied on those grounds for a person that has been staying outside the US (in different countries) for 5-7 months per year for the past 3 years, but not exceeding 6 months at any time and maintaining ties to the US? Thank you!
- proberts 6y agoI can't comment on your specifics - a careful analysis of the facts would be required - but I haven't seen any change in the way USCIS is interpreting residence for green card maintenance and naturalization purposes.
- IWantOut_ 6y agoI have a job offer from Microsoft in Vancouver and might move there after the pandemic ends. I am Indian citizen residing in India. The main challenge however is that I am disabled (quadriplegic) and I would be needing a caregiver to travel with me to Canada. I understand that there used to be a caregiver visa, for Canada, which was discontinued back in 2019. So my question really is, is there a way in which I can bring a caregiver from India to Canada? I know one option is to hire a caregiver from Vancouver itself but it's really going to be difficult, because of the language barriers and the understandings. They are an important part of my life and I cannot function without someone who I can completely trust to live-in with. Another option would be to take the caregiver along with me on a visitor or tourist visa, but in that scenario, they are not allowed to work in Canada. I am really looking for solutions here and I don't want to give up on this amazing opportunity of migrating to one of the most amazing countries in the world with high standard and quality of life.
- proberts 6y agoI can't comment on Canadian immigration but I can share the names of some good providers in Canada if you'd like. Just email me.
- IWantOut_ 6y agoSure, that will be great. How to email you?
- sriram_sun 6y agoIt's on his profile.
- proberts 6y agoI believe that this can be obtained from Hacker News.
- IWantOut_ 6y agoThank you, will drop you a mail
- AmazingTurtle 6y agoWhat do you think about online immigration attorney services like self-lawyer.com? Would you recommend such?
- yangikan 6y agoAre we still having interviews for EB1-B during I-485 filings, given the pandemic?
- proberts 6y agoThe local USCIS offices are first scheduling I-485 appointments for those whose appointments were cancelled because of the office closures and even though the offices are slowly reopening, we are still seeing approvals without interviews.
- alonsonic 6y agoDo you think it's a good idea to delay the application for Green Cards until after November to understand better the political landscape and also hopefully see a recovery of jobs given unemployment would affect PERMs?
- proberts 6y agoThat's a tough question because the answer depends in part on what your job and background are, where you live, etc. but I don't think so. I'm generally inclined not to make decisions based on what might happen (because so much is just unknown) and instead proceed based on how things are now.
- drorco 6y agoIs there any resource you're aware of that makes accessible all of the current immigration/permanent residence policies of countries worldwide?
- proberts 6y agoI'm not unfortunately.
- mxschumacher 6y agoFor most political conflicts I can figure out who would benefit and who would lose if a given policy decision gets made. For a ban on immigration of highly skilled workers I don't understand who benefits - it seems like a lose-lose to me. Can you explain the motivation behind preventing foreign engineers and scientists from entering the USA?
- manuelabeledo 6y agoNot a lawyer, but a visa holder. Non immigrant visa holders cannot vote, and there is little benefit for employers to actually go out and challenge the administration to protect them. We are an easy target when it comes to populist actions.
- Nesco 6y agoSadly I think that unconsciously for many Americans it means « less brown ppl », highly skilled or not
- aanand 6y agoWhen renewing an O1, how important is it to have "new" evidence? Can an original O1 case be sufficiently strong that it doesn't especially matter how much publicly visible, groundbreaking work has been done in the time since it was granted?
- proberts 6y agoGenerally, for extensions, new evidence and arguments aren't required (although we still usually provide what's readily available such as new press). That being said, although still the exception, more and more USCIS is issuing RFEs on O-1 extensions.
- kiliantics 6y agoI have been working on F-1 OPT for the last 16 months or so at a startup and they recently applied for my H1B. We haven't heard back from USCIS yet on whether it was approved but, given Trump's recent ruling on H1B visas, I have no idea if that will happen at all now. As I understand, the process of being approved isn't affected, it's just the process of getting the actual visa itself at an embassy? And given my existing status, it's not clear that I am affected by the suspension. Either way, I still have about 18 months of OPT left, so I am assuming that I would be safe to come and go on my F-1 visa even if the H1B is suspended. If I were approved, I believe I could collect the visa in the future once the suspension has ended. Is this a reasonable assessment of how this works or am I way off the mark? There are a number of people I know in similar situations and no one seems to have a straight answer about what our status is.
- proberts 6y agoYou are correct, the pending H-1B petition is unaffected by the latest proclamation/H-1B visa ban; it only applies if and when you want to apply for an H-1B visa at a US Consulate abroad. And yes, you can travel on your F-1 visa while the H-1B petition is pending or even after it is approved; this just means that you might to leave the U.S. at some point and apply for an H-1B visa to "activate" your H-1B status. But make sure to check with your company's attorney because your ability to travel on your F-1 visa could be compromised if and when the H-1B petition is approved if approved as a change of status.
- MorganGallant 6y agoI'm a Canadian Citizen going to the University of Waterloo. My next co-op work term is Winter 2021 (Jan-April). Would it be possible for me to work for a US company for that term? I've done the J-1 process twice before and that worked great in 2019, not sure about now given the visa suspension and COVID. Would appreciate any ideas here. - Could I still get a J-1 for Winter 2021? - Are there any other avenues for Canadians to work for a US company (possibly remotely) without a visa (if visas are still suspended)?
- proberts 6y agoThere are no US immigration requirements to work remotely for a US company - that is, you don't need a visa or work authorization - but to work in the U.S, work authorization would be required and the J-1 won't be available again until January at the earliest.
- ska 6y agoA thought: are TN "visa's" still available at this time? I know in the past some people have used them for co-op, but unclear if that was really by the book as it's unclear if they meet the education requirements. edit: I really shouldn't have said "education requirement" - it's a job categorization, so education is only supporting evidence that your job meets the criteria.
- wenc 6y agoFor Canadians, TN-1's are not visas but statuses adjudicated at the border (they're typically just I-94s linked to passports), so they never "run out" as such (no quota). However the TN is a status for restricted NAFTA (USMCA) professional categories, and typically requires proof of qualifications (in this case, education). I could be wrong, but an undergrad intern typically does not fit these categories. I'm surprised people have used it for co-op.
- ska 6y agoRight, that's why I put visa in quotes. And yes, there is no quota but I wasn't clear if there were e.g. COVID related restrictions on application currently. People have definitely used this for even undergrad co-op, but I don't know how widespread. Obviously more easily applicable for grad students. Part of the issue is that as you note the admissibility criteria is decided by the border agent you randomly see. So you provide evidence of education and fit for a TN category, but they decide if you qualify, and it's unclear how much guidance they have in this. Appeal process is mostly only through the same agent. NB: my experience in this area is a bit out of date, things may have changed.
- yhackaround 6y agoHow much of a legal trouble am I in if my company shuttered its physical office because of the pandemic? My H1B visa is tied to that address. The company still has another office in another state.
- proberts 6y agoThat depends in part on whether you are working from home and whether your home is in the same MSA as the company's former physical office. But you should check with the company's attorney.
- williesleg 6y agoWho's profiting from all the H1B's, it's clearly not the companies hiring them since they all write shit code. And they get paid peanuts. What's up with that? Just trying to follow the money.
- jifii3 6y agoDoes the current COVID restrictions/situation, present a challenge to justify someone's re-entry into the US for work, as employees can technically 'work from home' which is technically possible from abroad? (Asking as a TN holder, Mexican national, visa sticker valid for various months still). Planning to travel to be back in (flying, commercial), to reduce uncertainty and be ready for an eventual return to office, although no specific date has been given by the employer but I continue to work for them remotely.
- proberts 6y agoYour ability to reenter on your valid TN shouldn't be impacted by your time outside the U.S. even if extensive; you might just need to provide proof that your employment in the U.S. still exists when you return.
- fantalamera 6y agoI had my O1 application approved by USCIS in early March. I still haven't been able to visit the US embassy here in Sweden for the final interview - they've shut down processing non-immigrantion visas due to COVID. Any idea when US embassies will open up again?
- proberts 6y agoNo one really knows; appointments continue to be rescheduled and then cancelled. Some Consulates are granting emergency appointments to those whose interviews were scheduled before the Consulates closed.
- basicsbeauty 6y agoOn H1/H1-B. What are the options for starting a company?
- proberts 6y agoThere's no pure entrepreneurial visa in the U.S. system and self-employment is generally prohibited with limited exceptions. The closest to an entrepreneurial visa are the E-1, E-2, and O-1.
- yandie 6y agoYou can co-found a startup with US-citizens/greencard holders. However, you cannot own the majority of the shares since you own the board's decision :) - as long as the board can fire you...
- nawgz 6y agoI am a Canadian with a TN visa. Is there a requirement that I remain in the country (USA) during the time of this visa? I only ask because now it is tempting to go work from Canada for elongated periods, but I am not sure of the legality
- proberts 6y agoNo, you can remain outside; the only requirement is that when you enter the U.S. in TN status, you do your TN work.
- throwaway198273 6y agoThe immigration specialist at our institution is strongly recommending that new green card applications go through non-PERM categories, such as EB-1 or EB-2 NIW, presumably because it will be harder to get this certification. Do you have any opinions on this? Also, do you expect USCIS to become more strict when it comes to EB-2 NIW applications? Thanks!
- proberts 6y agoI haven't seen any real changes with PERM yet but that's a valid concern if unemployment remains as high as it is. That's a judgment call. Even with that policy, I'd probably still pursue PERMs (as opposed to doing nothing) for those who don't have strong NIWs. We've seen a tightening of NIW adjudications recently (particularly for non-founders) so these need to be pursued carefully and cautiously. The primary issue is on whether the applicant is doing something or has certain skills that don't lend themselves to a PERM application - that is, a test of the labor market - and this can be a tough standard to meet.
- throw808080 6y agoThrowaway... I'm interested in nomading or maybe working in the US. Either on one of my own things, or perhaps at another startup, mainly for social interaction. I've accumulated some wealth so far. What would be a good option, and how can you prevent being taxed by the US? Do people normally work from their own consulting company/structure, or are people usually on the company's payroll?
- dencodev 6y agoPeople are usually on a payroll as either an employee or contractor (slightly different tax treatment, with the contractor being less favorable to the worker). I have heard of instances where people form a company and work under that, but in my experience it tends to be abusive workplaces that go that route. If you're working in the US there's no legal way to avoid getting taxed. They aren't going to tax your existing assets outside the US though. There's no wealth tax.
- the_h1b1 6y agoHow is the H1B1 affected and what can I do? What should I write if there is a form that asks about visa? What should I tell recruiters and potential employers during a phone call? Thanks Peter For others who don't know, the H1B1 is different from the H1B. https://en.wikipedia.org/wiki/H1b1 https://en.wikipedia.org/wiki/H1b1
- aljgz 6y agoI'm an Iranian, working in Malaysia. If I get an offer from a US company, do I have a serious chance of getting the export license and/or Visa? Is this different across different companies Also, is this different for offices in US vs outside?
- ActsJuvenile 6y agoHi Peter, what is your macro view on immigration trajectory in the coming years? Do you expect the hurdles and wait-times to keep getting bigger, or do you expect a softening should the presidency change hands?
- alexhektor 6y agoGerman citizen here. Q1) What is (/are) the easiest path(s) to start a company in the US and/or seek funding there for Europeans? How costly is it? Q2) If there's already a company registered in Germany for example, how costly (approximately) is the process to "register a subsidiary" in the US (required for YC), and how would the visas work? (Would spouses be allowed and be able to get a working permit?)
- proberts 6y agoQ1) For entrepreneurs/founders, the best visas are E-1s, E-2s, L-1s, and O-1s. Q2) You are alluding to the L-1 intracompany transferee visa but to work, the Germany company must have employees and be doing business and must continue to have employees and do business after the transfer.
- tschellenbach 6y agoJust a quick note that you will also have many tax issues in addition to the VISA difficulties. I recommend also getting one fo the top tax firms to have a look at your situation before you move. (I didn't and it was a very expensive mistake to make)
- bitL 6y agoQ1) starting a LLC in Delaware/Nevada <$200, renting a P.O.Box that scans incoming mail <$100/year. You can't start an S-Corp (but you can tax a LLC as S-Corp) and starting a C-Corp can get very expensive (tax based on the number of shares). Most VCs require a C-Corp. Angels might be fine with an LLC.
- pbhjpbhj 6y agoDo you have to pay tax in USA though?
- bitL 6y agoLast time I checked, both Delaware and Nevada were tax-free up to $1M revenue. However, franchise tax depended on the amount of C-Corp shares (i.e. instead of paying $250 for an LLC one could end up paying $70k for a C-Corp). And for your personal taxes it depends on the agreement between the US and your home country. In the worst case you'd have to pay both if there is no agreement.
- nassycheezy 6y agoI am currently on a H1B and got married in May in the US. Unfortunately, my wife was on a diplomatic visa (lost her job due to the pandemic) and her organization will not allow a change of status to H4, as a result she has to go back to her country. Given the current H4 visa ban, it seems like we'll have to be separated until next year. What are our best options for her to come back in the US and switch to H4 before January?
- deleted 6y ago[deleted]
- tmountain 6y agoCan you comment on how the EU travel ban on US citizens affects a US citizens ability to live/work in the EU under the umbrella of a non-lucrative visa? If a US citizen receives a non-lucrative visa, would they be able to immigrate to the EU?
- proberts 6y agoUnfortunately, I can't comment on European immigration.
- deleted 6y ago[deleted]
- dudus 6y agoMy question is related to green card holders that went back home to spend quarantine with family. Can they lose the green card if they spend too much time abroad? How long can they safely stay abroad before losing the GC? For people that want to get citizenship through green card. How long before their clock resets? How likely is the gov to understand quarantine as a good reason to stay abroad?
- yandie 6y agoNot a lawyer :). USCIS website is pretty informative: https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident https://www.uscis.gov/green-card/after-we-grant-your-green-c... I think it answers a lot of your questions :)
- proberts 6y agoYes, it is possible to lose a green card if one spends too much time outside the U.S. but there are steps one can take before leaving the U.S. to protect one's green card (that is, apply for a reentry permit) and steps one can take to reactivate a green card if stuck outside for a very long time (more than one year) (that is, apply for a returning residence visa). There is no exception to the reset - one year continuously outside will reset the residence clock for naturalization purposes.
- dudus 6y agoYes but that process is very unfriendly. First you need to know you are going to spend over 1 year abroad. Since you can only apply before you leave. Second it takes month to approve and costs 500+ USD to apply for that permission. If you left without the intent to stay longer than a year and had to extend for unforeseen circumstances (say a global pandemic heavily reduced air travel options) than you are out of luck. For me it would be more convenient to spend 6 months abroad and then a couple months in the US then go back and spend another 6 months abroad. If I do that technically I'm complying with all the rules and my green card should be safe while also not reseting my clock for citizenship. But the USCIS seems to be a bit vague on what would happen if I did that.
- rohindaswani 6y agoHi Peter, I'm an Indian citizen who's working with a startup in the Bay Area. I'm applying for EB-3 (the company is applying) and EB-1 (through another law firm) simultaneously. Are there any concerns with timing?
- basicsbeauty 6y agoHow are you applying for EB-1?
- proberts 6y agoNo. You can pursue both particularly since one (the EB1A) is likely being done as a self-petition.
- vishalkuo 6y agoI've anecdotally heard that it's possible to go from a TN -> Green Card. Light googling is pretty mixed on the subject; one side takes the stance that it's strictly not possible and the other says it is, but a risk. Can you comment on your take? Is it possible to do this, what are the risks, and would you recommend it vs. trying for the H1B lottery?
- yandie 6y agoNot a lawyer, but somebody who went through the greencard process. The answer is yes. Same for E3 (for Australian). The risk is once your company files I-140 petition (petition for immigrant workers), you might be denied entry if you leave the US. It's hard to prove your non-immigrant intent... So if you have less than a year on your i-94 it's risky (i-140 takes a while these days to process - mine took 1 year). It would take a few more months to get the EAD and advance parole document before you can travel internationally. So consider these factors as you will have to miss visiting Canada in the meantime. My friend who was on E3 went through this and his i-94 was running out so he was told he might not be able to work while the application is still pending (the company did offer to continue paying him though, which was nice). H1B lottery is safer, but the chances are low. If you have a committed employer + stable job then I'd go with the adjustment of status route.
- vishalkuo 6y agoAh interesting. This makes me wonder if now is the optimal time to try this given that going back to Canada is less appealing. It's also interesting that your friend managed to stay in the country despite his i-94 running out. I didn't think that could be done. This gives me a lot to think about, thanks!
- yandie 6y ago> friend managed to stay in the country despite his i-94 running out. His adjustment of status was pending so there's a grace period (check with your lawyer). He was basically waiting for his EAD/Advance Parole card at that point!
- zinek 6y agoHi Peter, EB3 ROW GC applicant with approved EAD/AP and pending I-485 here. Are you seeing these types of GCs being adjudicated and/or interviews being waived? Thanks for doing this!
- cacilds 6y agoWhat is the price for helping doing the Extend I-539 form? I`m am visitor who having trouble getting back to my country, just need 2 or 3 months with my B1 B2 visa
- mavelikara 6y agoCan a "remote only" company file PERM for one of its employees?
- yandie 6y agoYes, any company can file PERM for even non US-based employees (they'll have to go through consular processing and they might not be able to travel to the US in the meantime until the visa is done processing since they have expressed immigration intent).
- santiagosada 6y agoMexican + Spanish national here. I dropped out off college to do my YC startup. I'm aware TN visas require a degree, but as far as I can see that's not the case with O-1. Even if it's technically not a requirement, would you say this will significantly affect my O-1 chances?
- martin_ 6y agofwiw i am on an O-1 without a degree, and didn’t have any trouble
- on_h1b1 6y agomartin_ What did you do?
- proberts 6y agoEducation is really irrelevant in the O-1 context (and also not required for a few TN occupations) except to the extent (meaning PhD) that it might signify something else (such as publications or original work) but one can publish and do original work without a degree.
- serniebanders 6y agoI'm not sure if this is the right forum to ask, but I thought I'll try because I couldn't find much information online. My neighbor is a really nice undocumented immigrant family. The family has 2 hard working kids who used to tutor others kids in the neighborhood to make income. They are now suffering because they don't have work and they need help. I have been giving them a monthly stipend to help them pay for food and rent. (2k / month). I'm thinking of starting a non-profit charity so I can write off the money I'm giving away as donations. Question is, are non-profit charities allowed to help undocumented immigrants? Or are American non-profits meant to help Americans only? --- (Update based on answers) There are alot of wonderful charities that do these kinds of work. I specifically just want to help the undocumented immigrants I know (like my neighbors). It may be seen as unethical if I simply donated to a charity and asked them to use the money to specifically help my neighbors. So I plan to start my own NGO to specifically help my neighbors first and then eventually other people around my local community if I get more funding. Giving cash money to help them is okay if we make sure 100% they are not doing any work for me (or my org). In case you have the same idea, hope these info helps you make your decisions. Thank you @proberts! --- Update 2: Changed wording from illegal immigrants to undocumented immigrants so thread can focus on the right topic.
- deleted 6y ago[deleted]
- proberts 6y agoThere is no restriction on helping illegal immigrants (a lot of charities do this); the issue is paying them for work done since they don't have work authorization.
- serniebanders 6y agoRephrased for my understanding: as long as my non-profit don't pay them for work and we just give them money to help them out, that is okay. Thanks. Sounds like I should start that nonprofit, it is exactly what I wanted. Thank you.
- 6y ago
- tqi 6y agoWhat (if any) are the payroll/income tax implications of working remotely from another cities/states for extended during the office closures? Does it also impact stocks that vest during this time?
- huy-nguyen 6y agoIn the latest EO, the Trump administration mentioned changing the H1B program to protect American jobs better and transitioning to a merit-based system. There may not be enough time to make that happen but I imagine some sort of immigration reform along those lines will happen if Biden wins the next election. What reforms do you expect to see to the H1B program and employment-based green card? How should current H1B visa holders do to prepare for those changes?
- UncleOxidant 6y agoI'm a bit surprised that there are so many Canadian & Europeans wanting to get into the US to work at this point given our rapidly deteriorating political and covid19 situation.
- gpm 6y agoThe US, or at least the bay area, pays more. Besides, you guys are generating herdv immunity as fast as possible. Time it right and moving to the US could greatly decrease your chances of being infected.
- seanieb 6y agoI would love to hear where you got the idea: https://coronavirus.jhu.edu/from-our-experts/early-herd-immunity-against-covid-19-a-dangerous-misconception https://coronavirus.jhu.edu/from-our-experts/early-herd-immu...
- gpm 6y agoTo be clear, this is a individual strategy not a group one. It's moving from a place with a curve that spikes late, to a place with a curve that spikes early, such that you dodge both spikes. This doesn't work for society as a whole (which can't just up and move to dodge the virus). Nor am I claiming that California has yet achieved any substantial degree of herd immunity. Just that projecting current rates forward I think you will before I actually end up moving there (it helps that I have a lot of flexibility). That said, the 70% figure in your article is too high. Research [1] and experience in Sweden [2] suggests that there are substantial benefits at just 40%. [1] https://science.sciencemag.org/content/early/2020/06/22/science.abc6810.long https://science.sciencemag.org/content/early/2020/06/22/scie... [2] https://translate.google.com/translate?sl=sv&tl=en&u=https%3A%2F%2Fwww.dn.se%2Fnyheter%2Fsverige%2Ffhm-stockholm-kan-ha-40-procents-immunitet%2F https://translate.google.com/translate?sl=sv&tl=en&u=https%3...
- superhuzza 6y agoMy last job in Canada paid me $70k CAD, or $52k USD. The same job in the US would likely pay me $115k USD.
- bhindu20 6y agoHi Peter, Thank you for doing this. If you're on a H1b visa and waiting for your green card to be come current, can you be the co-founder of a start up? What are the implications and is there a way to set up start up so that the US citizen founder can be the primary?
- proberts 6y agoAre you in the I-485 stage?
- bhindu20 6y agoNo,I received by 140 and waiting for it to be current.
- proberts 6y agoYou are talking about being a founder on the side, I assume, but not filing anything with USCIS so that you can work for/get paid by this company? Then this shouldn't compromise your green card process. The question is just whether what you are doing is permissible and as discussed above, the limits are a bit murky: at a minimum, don't get compensated in any way.
- shkurski 6y agoHi Peter. In your opinion, if the eligibility criteria for O-1 visa are fulfilled shortly (<1 year) before the case is submitted, how would it affect the probability of positive outcome?
- proberts 6y agoReally not at all.
- jkingsbery 6y agoI'm an American citizen, but many of my current and former colleagues have moved here from other countries. On a number of occasions, those colleagues have explained something about their own immigration process. The current system is crazy. What is the likelihood of process simplification? What are some groups that are pushing for concrete, attainable steps to simplify the process?
- nos4A2 6y agoThank you for this comment, it made my day. I usually see posts wanting skilled immigrants out. The last few months have been especially bad due to the various policies that have been adopted.
- winter_blue 6y ago> I usually see posts wanting skilled immigrants out. You have your answer there. There are a lot of Americans who love and welcome immigrants (and I know many of them – 99% of my friends are American), but there are also many who hate immigrants, and of all places, many of these immigrant-haters have found a home at HN. (Open up any HN thread on US visas and immigration, and the level of immigrant-hatred and xenophobia is truly stunning and appalling.) These Americans who hate immigrants vote. You can guess what party they vote. Their votes are the reason our immigration system is broken beyond measure. There was a bill, called the "Gang of Eight" bill (or S.744 of the 113th Congress) which would have fixed many issues with our immigration system. It failed to pass in Congress because of Republican obstructionism. It passed the Senate with a super majority, but was blocked by the House despite majority support because of the GOP speaker not allowing a vote on it, in order to pander to the extreme wing of the party. (Also, as a side note, the GOP's House majority was won in 2012 through gerrymandering – the popular vote for the House in 2012 had been for Democrats.) If you want an answer to why the immigration system is broken – this is pretty much it. There are plenty of people who hate immigrants, and you can have the displeasure of meeting them, and reading their horrifically anti-immigrant comments right here on HN. They hate immigrants and want immigrants out, so we are at the deplorable place that we find ourselves in today.
- mlsystems 6y agoIn this comment https://news.ycombinator.com/item?id=23940448 https://news.ycombinator.com/item?id=23940448 you mentioned that self employment is prohibited on H1b. Can you comment if working on H1b (also have EAD from I485 filed based on employer) and (a) consulting for another firm (in Canada/non-US) is allowed?, (b) consulting for a US firm (1099) is allowed?, and (c) being a youtuber who earns money through ads is allowed?
- proberts 6y agoIf you have an EAD, then all is allowed; the question/issue is whether such an activity could negatively impact your pending I-485 application - and it could.
- mlsystems 6y agoI on EB1B queue working at a uni, and was planning to consult for a Canadian firm, and the scope of work is related to my research area. This is not much info, but at a first glance, does it seems like it would negatively impact? Also my PD recently became current (not sure how long it will take to get the green card).
- noozirul 6y agoI am in the process of getting a green card and waiting from my PERM approval (sent PERM in Feb) (good to know from your previous answers that the process is still working well if not better). Do you see the next steps i-140 and i-485 impacted either by the virus of by trump recent changes? Also is there a chance that if trump is re-elected we will see drastic changes and people in the middle of the green card process might be impacted?
- rocqua 6y agoWhat chance someone from western europe with a Bsc in maths and an Msc in computing science from a mid-tier university stand at getting a work visa into the US? From what I know, I would need to have a job lined up beforehand to stand any chance. Moreover, if given such a visa, how beholden would I be to my employer. That is, if I were fired would I have to immediately leave the country, or could I perhaps stick with the life I had built up in the meantime.
- proberts 6y agoThat's right, you would need a job offer and if you were terminated or quit while in the U.S., you would have 60 days to find another job and get sponsored by that company or file to change to another status.
- mikeweiss 6y agoMy wife moved here last year on a K-1 Visa and currently has her EAD while awaiting her green card which has been delayed even further than normal due to Covid-19 office closures. She's a data scientist and has had numerous interested recruiters call her only to ask if she has a green card. When she states she has an EAD and IS awaiting her Green Card they say that's not sufficient and end the conversation. Is this legal? Seems like discrimination and is extremely frustrating for the both of us.
- proberts 6y agoIt's borderline/barely legal. A company can base a decision not to hire on uncertainty or cost. But there's really no uncertainty and no cost here. So I would challenge the recruiters on this.
- mattm 6y agoThis should be illegal https://www.uscis.gov/i-9-central/employee-rights-and-resources/preventing-discrimination https://www.uscis.gov/i-9-central/employee-rights-and-resour... My wife had the same experience during our green card process when she was on an EAD and a company said they couldn't proceed until she got her green card. Now, I don't think it was on purpose. The person she was talking to was young and, while most Americans know what a green card is, probably very few know what EAD is so they'll just default to the safe answer. Your wife should probably answer with "I have legal work authorization in the US" and leave it at that. Really, this is what the recruiters should be asking as well, not whether or not she has a green card.
- proberts 6y agoI'll be taking a break now for about an hour. Anything I can't respond to today I'll respond to over the weekend. Thanks.
- justicezyx 6y agoHow likely the political conflicts between China and US to affect the immigration law (or enact specific laws to China nationals)?
- mslack616 6y agoHey there Peter, my dad got to submit petitions for both my grandma and me for U.S permanent residency just before the pandemic blew up. How long does that usually take? and Do you think it will take even longer because of the pandemic? I'm 28 and my grandma is 85, we both live in El Salvador if that makes any difference/is of any relevancy. Thanks!
- proberts 6y agoUnfortunately, the first proclamation (I believe the first) suspended the issuance of immigrant visas with very limited exceptions and it's still in effect so the processing of your and your grandmother's immigrant visa applications could be delayed.
- d3nj4l 6y agoThanks for doing this. As someone looking into studying in the US next year, the recent ICE guidelines did make me a bit worried, and I know of quite a few friends who've decided to either give up, put it off for another year or look at other destinations. Given the pandemic, consulates not processing visas and the political factors, is it still a good idea to think about applying for Fall 2021?
- proberts 6y agoI think so (hopefully it will be a different world then) and to be clear, the government retracted the restrictive ICE rule.
- random323423 6y agoI met someone recently from one of the countries south of the US border that came to the US as a kid. Very talented and hardworking but undocumented. She may be here on the Dream act, but I did not feel it appropriate to ask at the time. Currently she is doing a masters degree in mechatronics and robotics. Schools are are not allowed to ask about status, so she is taking the opportunity to invest as much as possible in her education, however given her skills she also has the ability to earn well. I was fortunate to be born as a citizen in the US so I don't know how to navigate such issues. As I understand it, it is a minefield for a company to hire undocumented workers, even if they are highly skilled workers. Are undocumented individuals allowed to start companies? Does YC have a stance on this from an investment perspective?
- newacct583 6y agoFWIW: there is no DREAM act, it never passed. DACA is an executive order, not a law, and (somewhat hilariously in context) it remains in effect, allowing undocumented immigrants who arrived as children to get a renewable work permit. That permit allows someone to live and work in the country. Anyone can hire her as long as she has it. As far as starting a company: that's an interesting question. That's not an employment issue. My guess is that even people without work permits could found a company, as foreigners are always allowed to hold property in the US. But having done so, I guess it would be possible to prohibit the founder from working for their US company from within the borders? Would love to hear the poster chime in on this.
- qserasera 6y agoTo add to this DACA could have been repealed in the recent SCOTUS ruling but due to improper legal proceedure it wasnt cancelled. I don't know if anything else would threaten DACA.
- TheCoelacanth 6y agoWhat part of the ruling said that DACA was illegal? My understanding was that they said that the current administration did have the power to end DACA, but that the justification they gave for doing so (that DACA was illegal) was incorrect, so it could not be ended until they gave a proper justification for it.
- oldgobbo 6y agoHey Peter - It seems that almost 2/3 of the USCIS staff will be furloughed starting August 3rd. What is the likely impact on processing times? Also in particular, any insight on adjustment of status applications?
- proberts 6y agoIf that happens, then I think premium processing will be suspended and the processing of any application or petition by USCIS will take forever; I think USCIS effectively will come to a halt.
- amanjaincorp 6y agoIs there anything we can do as a community to prevent this?
- Natsu 6y agoWhat will happen to those filing an I-751 if USCIS is basically shut down for a while due to a furlough? Will there be any special considerations for those who may have to file during the time the USCIS is operating at minimal capacity?
- proberts 6y agoI'm sure that filings will be accepted and receipt notices eventually issued; it's just that decisions/approvals will take forever.
- johnestar 6y agodoes this affect green card processing?
- nradov 6y agoThe USCIS furlough has been postponed to August 31. https://www.wcax.com/2020/07/24/leahy-uscis-furloughs-postponed/ https://www.wcax.com/2020/07/24/leahy-uscis-furloughs-postpo...
- loftyal 6y agoI can get an E3 visa, looking to move the US. I have a few online side projects that generate some money, am I still legally able to work on these on the side whilst working my main job? Bank account that im paid into and business will still be registered in Australia
- proberts 6y agoNot really unfortunately. While in the U.S. on an E-3, you can only work for your E-3 employer; the source of the payment doesn't change this.
- mdns33 6y agoMy 6 years max out date is dec 2020. i got my i140 approved last month and now i have an offer from another company. can i use the approved i140 to request for a 3 year extension of my visa with the transfer to the new company?
- scottlocklin 6y agoHow as an American can I get into an EU country in current year? Is there any loophole/procedure/test/bribe one can do to make this happen?
- proberts 6y agoI'm not familiar with the immigration rules of EU countries unfortunately.
- PopeDotNinja 6y agoIANAL, but am an American in the UK... I can say w/ reasonable certainty that you can go to Ireland or the UK now, if you can get a flight. You'll need to spend 14 days in quarantine. Good sources of information: - US Embassy for the country you want to travel to - Expat groups on Facebook w/ personal reports on what does and doesn't work - https://www.schengenvisainfo.com/ https://www.schengenvisainfo.com/
- R0b0t1 6y agoWhat about with no degree?
- PopeDotNinja 6y agoSorry, I should have been more specific. I was referring to travel, not immigration. No clue about immigration.
- deleted 6y ago[deleted]
- legendaryz07 6y agoCan a company file for a green card for a STEM worker without going through the H1B Process? If so, what are the requirements and the chances. Note, that worker is not the citizen of a country of which there would be a ton of applications from (I think that matters)
- proberts 6y agoQ1) Yes. Q2) No different from the sponsorship requirements for someone in another status. The issues are around the timing of the filing and international travel after the filing.
- bilater 6y agoDo green card holders need to be worried/do anything with these changes to immigration laws or is it focused on Visa holders (H1 etc)?
- proberts 6y agoNo, I don't think they need to be worried.
- anonh1bobvious 6y agoHi Peter, can you comment about rumblings that this administration is working on a rule that revoke/resets I140s after a certain number years and make everyone do perm and labor processes again?
- proberts 6y agoI'm not but something like that definitely would be challenged.
- random6756 6y agoHi Peter, I hold a GC and have been working outside the US on reentry permit. The latter has already been renewed once, expiring again in Q1 2021. Two questions: 1. Do you anticipate any impact of changing policies on people holding GCs but working outside? 2. What would be the best time to apply for a third extension of the reentry permit, given the pandemic situation. Thanks.
- proberts 6y agoQ1) No. Q2) You can only apply for a one-year renewal. There are different strategies here depending on how much longer you plan on living abroad and when you intend to travel to the U.S. next.
- sarvesh0803 6y agoI am from India and a recent graduate from a top tier university. I have only recently starting working (1 year so far) in the corporate landscape. What is the best route / plan for me to get opportunities to work in Europe? How flexible are the immigration policies of Europe for Indians? Thank you so much for doing this!
- proberts 6y agoUnfortunately, I'm not familiar with the immigration rules of other countries.
- dewey 6y agoHave you looked into the Blue Card? That seems to be the most common one for people I know that come to the EU (Germany specifically) and isn't that hard to get by for engineering positions.
- Nesco 6y agoFrench here. I am really interested in why you find Europe attractive when India has some big tech hub in Bangalore, Singapore nearby and the US with a large Indian community. It seems to me that in every aspect Europe is less interesting than one of these choices
- julien_c 6y agoFor France, you can check the French Tech Visa program: https://lafrenchtech.com/en/how-france-helps-startups/french-tech-visa/ https://lafrenchtech.com/en/how-france-helps-startups/french... I've done it for one of my team members, it's pretty easy.
- gabehcoud 6y agoHave there been any substantial strides made on merit-based immigration as a partial alternative to the current H1B status? How would that affect the current startup ecosystem?
- proberts 6y agoNo real movement on this as far as I am aware. But what has been proposed would completely transform the U.S. immigration system.
- roboticfish 6y agoI'm a Greencard holder who has applied for an I-130 prior to COVID-19 for my wife through the F2A category, I know that spouses of citizens can still file I-130s, but the wording wasn't clear for permanent residents. Will my application be denied due to the executive order? This is the executive order I am talking about: ttps://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/
- proberts 6y agoIt won't be denied; processing just might be delayed.
- kepler1 6y agoI hesitate to stray into political territory, but maybe we can discuss without animosity or vehemence from others. As an immigration lawyer, you undoubtedly see the complexity and huge volume of paperwork needed for even talented and skilled immigrants to this country. They approach a book sized application. Do you ever find it inequitable or frustrating, that some classes of immmigrants are by comparison, basically waved through? What things about the immigration / visa system would you recommend immediately be changed or fixed to improve our situation?
- youpdidou 6y agoHello! I have been running a survey to collect stories and data about immigrants and the companies they transformed, created, or funded. If you are or have been a technology startup employee, founder, or investor, can you take a few minutes to complete this survey: https://lnkd.in/gSuxfUJ https://lnkd.in/gSuxfUJ ? Your answers will help produce a report about the role of immigrants in the tech startup ecosystem. It matters to me, because over the past 15 years, I have been under a bunch of different visas (J1, F1, H-1B). I believe that I, like many other immigrants in the technology startup world, helped create thousands of jobs in the US. I want to get data to show it and ultimately share around. (And sorry if it's a bit off topic)
- arxv33 6y agoThanks for doing this. I have started working in the US with L1B visa in March but because of the pandemic and the US-Canada border closure I have not been able to move there officially. My L1B was issued in a US-Canada land border (basically flagpoled - took the visa and came back) and my company is fine working remotely since we will be working from home for the rest of the year anyway. However I need to get a SSN and so far from the SSA website they are issued only through a physical appointment. I have called up a few SSA offices and they all told me they are closed right now and don’t take any appointments. They will let me know when they start scheduling appointments and at that point I will have to go to their office and attend the interview physically. My questions are: 1) assuming the border remains closed for a while and I have no means of going there while the current EO is in force, is there an alternative way of getting SSN you know of? 2) If it comes to that and there is no way of getting SSN without going there physically - the EO doesn’t impact existing L1Bs but my situation is a bit complex since there was never a stamp in my visa. They just issued I140 and an entry seal in the passport (as is done for all land entries through Canada I suppose). The EO does specifically mention having to have the visa stamp for me to be allowed to enter. How strict do you think the enforcement is going to be and do you think I will be allowed to enter if I attempt when they schedule the interview for SSN? Are the CBP officers enforcing the EO as verbatim or there is room for interpretation for someone who already has L1B but no visa stamps?
- icesin 6y agoFYI, the US border is not closed to Canadians if you enter via air; only the land border is closed to non-essential travel.
- dhruv123joshi 6y agoFor a US based firm which way of Contract work is easy to do business with. 1. Contract with W-2 Which requires TAX/SSN id. 2. Contract work with a Remote hire.(Off shore). Does firms get any benefits for going route#1 ? Why staffing agencies are not taking route#2 ?
- warmcat 6y agoHey Peter, Thanks for doing this. How would a person on H1B file an O-1 visa to start a company in the US?
- nvr219 6y agowhat do you think of pg's essay?
- bounded_agent 6y agoSay my close friend / future cofounder is here on a B-1. He's looking to extend it for 6 months pretty soon. Do you think the current situation means that it's more or less likely to get approved? I'd be optimistic about the baseline situation, but given the pandemic, I don't know whether the government would be (a) very slow, allowing the person lots of time to stay while govt makes their call, or (b) unusually efficient AND strict. (Thanks for helping everyone out on this thread!)
- proberts 6y agoMore likely given the pandemic and the understanding that it can be impossible to return to one's home country or at least unsafe/risky to travel internationally.
- kylehotchkiss 6y agoI'm a citizen waiting for a green card application for my wife in India. We've had our docs approved by NVC and everything. Any ideas how long the mumbai embassy is going to be closed? They aren't saying a peep online, near total radio silence from them. Curious if you've heard any credible timeframes on their reopening. Thanks Peter.
- proberts 6y agoAre you a US citizen? Because if you aren't, the process has been suspended per proclamation; if you are, then it simply depends on when the Consulate will reopen fully.
- manuelabeledo 6y agoL1-B holder here, in the process of getting my PERM. Lawyers told me that my degree does not qualify as a BSc, even after I send them the certificate that proves it does. Apparently, anything under five years is not considered a BSc. They also told me that my 15+ years of experience have little value, as they will only consider the five most recent. What is the position of the USCIS about this?
- rustamm 6y agoI obtained PERM with L1 visa and my BSc took 4 years, so that is definitely not the problem.
- justaguy88 6y agoMy BSc was 3 years and that was enough for the PERM
- Ao7bei3s 6y agoAsk your lawyer for an "academic equivalency evaluation" from a professional US education advisory firm that specializes in assessing foreign educational credentials. Or Google those terms to find a provider (or email me, for the same result), and buy it yourself (price starts at $110; just expense it later). If they like your degree, you'll get like a 2-3 page wall of text that should usually be sufficient for USCIS. Take that to your lawyers, and make them include it in your application. I'm surprised they didn't get one already for your L-1B. 3 years B.Sc. can definitely be fine, but maybe it depends on the country/university/courses? (In my case it didn't matter; I also have an M.Sc. But they certify what you give them, not just the highest, and so I know my 3 year B.Sc. is ok, at least for the evaluator, don't know about USCIS.). One potential problem is if your subject of study doesn't match exactly (e.g. an EE MSc doing software dev). USCIS has been stricter in those cases in past years afaik. Also, it's more risky, but x% of a degree + y years progressive experience can sometimes be summed up and then in total considered equivalent to the degree. (Progressive means you can show your job continuously became harder. y years of beginner level wouldn't count. Any work that doesn't directly relate doesn't count either.) IANAL (You may have already done this; I couldn't tell from your post. "certificate that proves it does" could refer either to a (useless) piece of paper by your university, or an independent academic equivalence evaluation. So posting this just in case you don't have the latter one yet.)
- ishan_chhabra 6y agoFor seed stage startups (< 10 employees) filing H1-Bs, what kind of approval rates have you observed in the last 1-2 years? (Given the USCIS crackdown under the Trump administration). Are you seeing a change in approval rates after the recent USCIS-ITServe settlement for startup H1Bs?
- proberts 6y agoThe chance of approval really isn't tied to the size or reputation of the company but more to the job and the individual's background and we're seeing high approval rates where the job is clearly an H-1B job (such as a software engineer) and the individual has a related degree (such as computer science) even for small startups. The real challenge comes with filing H-1B petitions for founders/those with significant ownership interests.
- on_h1b1 6y agoWhat do you think are the effects on the H1B1, especially new H1B1 applications? What should I do in response to the effects? What should I fill in if there is a form that asks about visa? What should I say when recruiters or companies ask about visa during our call? Thanks for doing this AMA Peter. https://en.wikipedia.org/wiki/H1b1 https://en.wikipedia.org/wiki/H1b1
- proberts 6y agoThe H-1B1 is not subject to the latest proclamation/ban so the only issue (if you are outside the U.S.) is getting an H-1B1 visa since the Consulates are still closed but that's not an issue if you are in the U.S. - you can change your status to H-1B1 in the U.S. or change your H-1B1 employer. For recruiters, tell them it's cheap and quick to get H-1B1 work authorization.
- on_h1b1 6y agoHow cheap and quick is it to get a new H1B1? Which reputable links or documents do you send or show when you tell them that it is cheap and quick to get the H1B1? What did you use to find out that the H1B1 is not subject to the latest proclamation/ban?
- mehran_1380 6y agoF1 Visa Revoked Before pandemic, in July 2019, I got my F1 visa. In September 2019, I went to the airport to fly to US, but the airline officer said your visa got revoked! I resubmit my second visa application in September which is still under administrative process after about 1 year. What can I do? My case is related to this news: https://www.theguardian.com/us-news/2019/oct/14/iranian-students-barred-from-us-lost-money-broken-dreams-no-answers https://www.theguardian.com/us-news/2019/oct/14/iranian-stud...
- proberts 6y agoI would do two things: contact a Congressional office to make an inquiry with the Consulate and submit a FOIA request.
- enigmatic0202 6y agoHopefully this is within the scope of what you can cover: - My employer will sponsor my green card (EB3) which I'm hesitant to take given the lower priority. I also don't want to be tied down to the employer. How flexible are EB2 and EB1 criteria? - I currently am on TN and have H1B (but haven't activated yet)
- proberts 6y agoThat will depend in part of your country of birth. For many people, an EB3 isn't a long wait and at a minimum, establishes a priority (place in line) for other green card filings for the same company or a different company. Whether you would qualify for the other classifications will depend on the work that you do and your qualifications: education, experience, and achievements. Oftentimes, the EB3 is the only option.
- dev_throw 6y agoCanadian citizen here, working at a late stage startup. I could not fly out to renew my visa due to the pandemic, so we went through USCIS. My visa appeal has gone into an RFE, and there is a chance it could get denied. I have a couple more months left. Do American companies have to do anything special immigration-wise for an employee to work from Canada (either temporarily or permanent)? Or is it just a matter of me moving back to Canada and invoicing the company as a sole proprietor (contractor)? Is that a simple solution I could pitch my company?
- proberts 6y agoReally, the company doesn't need to do anything since US immigration doesn't apply. What's the job and what's your educational background?
- dev_throw 6y agoMy educational background is a Canadian Bachelor's in an unrelated engineering branch (chemical). I took a few CS courses, got some experience, and have been working in the US for the past 5 years as a software engineer on TN at multiple places. I'm now getting RFE pushback on my latest renewal (same job - backend engineer) that I do not fit the software engineer designation, so our team is seeing what they can do. I thought there would be major accounting/tax headache for my company to have employees in Canada, although it wouldn't be an immigration issue for me. If it was as easy as flipping a switch, I'd make the move. I also have another US job offer that is going through the same issue (RFE), so I'm sensing a pattern here.
- throa2213 6y agoIs it possible to sponsor EB3 for the remote employee outside of the US who I want to transfer to the US next year via L1? Any docs/articles that you can point me to?
- arjie 6y agoWhat are immigration-acceptable ways for a person on a H1-B to start a company and work for it? For someone who is Indian, are there options to found a startup and spend the majority of their time on it?
- stayingintheus 6y agoI’ve applied for a position as a founder/ ceo for a venture incubated with a VC. My OPT just expired and i’m on my grace period. Can they get me some sort of entrepreneurship visa like the EB?
- SandPhoenix 6y ago- I'm an international student currently in the US on F1 - I'm going to start working full-time for a big US tech company. - I'm a citizen of a European country that requests a very small number of green cards. Assuming I can get an H1B visa, how long does it usually take to get an employer-sponsored green card, from the time of filing of said green card?
- akshat_h 6y agoDoes an approved H1-B extension necessarily extends the i-94 date? If not, is the only alternative to leave the country, get a new visa stamp(which is not possible till Dec 31, AFAIK) and reenter the country?
- rjammala 6y agoAFAIK it does extend the i-94 but you still need a visa stamp to reenter the US
- akshat_h 6y agoThanks. I am in US and don't have any travel plans now. Was wondering if I'll have to leave and come back to get valid I-94, which will be tricky due to the Executive Order on visas.
- proberts 6y agoIf it is filed with a request for extension of status and not consular notification, then yes. The approval notice will indicate which and have an I-94 attached at the bottom if an extension. If it's filed with a request for consular notification, then you will need to leave the US and get a new H-1B visa and then reenter to activate it. I assume that when you say extension, you mean with the same employer?
- akshat_h 6y agoThanks! Yes it is for the same employer. It will be with extension of status, and not consular notification, AFAIK, so that clears up my situation.
- SandPhoenix 6y ago- I'm an international student in the US - I'm going to start working full-time for a big US tech company. - I'm a citizen of a European country that requests a very small number of green cards. Assuming I can get an H1B visa, how long does it usually take to get an employer-sponsored green card, from the time of filing of said green card?
- _8091149529 6y agoMy case: Presently in US on a cap-exempt H1B. Planning to resign from my current position in a few months' time, and (eventually) relocate to another country. Q: Can I make use of the 60-day grace period to stay in US after I resign? I don't need work authorization for this period.
- proberts 6y agoYes, you can take advantage of the grace period (although it's limited by your I-94 admission period).
- mid256 6y agoThank you for doing this! I'm working at a tech startup on my F1-OPT (expired July 15). My lawyer submitted my H1B petition one month ago but we haven't received the receipt from USCIS. Can I continue working while waiting for the receipt and the approval? If not, what are some options to legally working until we get the receipt?
- proberts 6y agoYes, you can continue to work based on something called cap gap coverage but you should get a new I-20 issued by your school.
- leahey 6y agoAttorney here (tax and tech). Would love to help. How can I get involved?
- lord_sudo 6y agoCan you transfer your existing H-1B to your new company if the new company has a board/co-founders who have the authority to fire you? Edit: This assumes that you did preliminary work on a company while on an H-1B.
- proberts 6y agoYes, it's possible to get an H-1B petition approved through a company you have founded and own a substantial interest in. The question (for USCIS) is whether it's a real business (that is, whether it has clients, products/services, revenues, employees, etc.) and whether a valid employer-employee relationship exists (that is, whether you can get fired). The existence of a board that you don't control and can't control through appointments, the existence of an employment agreement, etc. all can go to showing that a valid employer-employee relationship exists - but USCIS has to believe this and not infrequently doesn't.
- seshagiric 6y agoIs there a way to speed up naturalization process? is 5 years after GC mandatory?
- Sodman 6y agoI believe naturalization is only 3 years if green card is through marriage. Not sure on how it works if you have a new green card through work and just got married though.
- pandaman 6y agoThere is: https://www.uscis.gov/military/naturalization-through-military-service https://www.uscis.gov/military/naturalization-through-milita...
- somuchlan 6y agoHi Peter - My fiance currently works for a large tech company in the bay area, and is on a H1B visa currently. They would like to apply for their green card, but have been told by the HR that everything is on "pause", but they will continue to collect information in preparing the green card application. How true is this, and do we have any other options? To answer, no we do not plan to marry, though I know this can expedite things. Thanks.
- timtamboy63 6y agoI'm also going from H1-B -> Green Card. The first chunk of the process is with the Department of Labor and so they should be able to get started on that
- knasmai 6y agoHey Peter, thanks in advance. I've been on an H1B for 4 years now and have had Greencard filed a few yrs ago. I've been working for almost 5 years and want to take a longer time off, two or three months sabbatical/unpaid leave. I would still like to stay in US (my parents live here). Is this possible? Will I lose my visa or greencard status?
- matmann2001 6y agoThis might be a strange question, but I'll give it a shot anyway. Amongst myself and a number of friends (whom work in tech), we've observed a similar difficulty with meeting and employing lawyers for either personal- or business-related issues. We all seemed to arrive at the same conclusion that we don't know any lawyers personally, they don't seem to be part of our extended circle of acquaintances, and are difficult to find locally and evaluate their ability to handle whatever the need is, without shelling out a decent sum of money upfront. Maybe this is unique to us, or maybe others here have experienced this too (please chime in). I suppose what I'm asking is what are good ways to find local lawyers with the right specialization (most of the half-decent recommendation services I've seen online are paid services). Also, where are y'all hiding? Can I buy one of you a beer?
- terminalcommand 6y agoI am not an immigration lawyer in US. I practice law in a different country. But in general most lawyers put in a lot of work to find and retain clients. My advice could be to ask around if anybody can recommend any good lawyer, no matter what field he is specialized in. Ask that lawyer if he/she can help you with your questions. If he/she can’t he/she will refer to a colleague that is specialized in the field you are looking for. Lawyers know lawyers :), we network a lot. Another way could be to try to research the topic you want to get answer to online. Most law firms/lawyers publish informative articles when they have free time for marketing purposes. Contact the lawyer/firm having written that article. And believe me, if you connect with a lawyer, he’ll come and connect with all your friends who are looking for a lawyer too :).
- proberts 6y agoI'd definitely let you buy me a beer. I'd say the approach is similar to finding people in other professional fields. Ask someone you know and trust in the legal field for a recommendation for someone in a specialty. So, for example, if you have a relationship with a corporate lawyer, ask him or her for a recommendation for a good employment lawyer. Lawyers know lawyers and one way or another likely will be able to connect you to another good lawyer in a specific field or location.
- rafikicoln 6y agoHey Peter, thank you for doing this! Can you be a founder and/or have a side business if you are in the I-485 stage of the GC?
- proberts 6y agoLegally, yes, if you have a work card; just be careful that the side business doesn't raise questions about the realness of the sponsored job.
- ryanisnan 6y agoI'm a US citizen living and working in Canada. I work for an American company as an independent contractor. I own a Canadian Company as a sole proprietor. Given the space I am in, I have signed a BAA for HIPAA compliance with my client. Would it be wise for me to change the corporation to an LLC?
- augustus0 6y agoHi Peter, I work for a large tech company that has recently announced internally that they will be putting all PERM filings on pause indefinitely. The reasons cited are: — The 10-day in-house job posting is of dubious quality now because there is no one at the office to to see it (it's closed and empty because of Covid), and they believe the Department of Labor may notice this and refuse applications. — Because of the current administration's outlook on immigration, they're worried that more filings will be audited/rejected, which could lead to more oversight on future filings for the company, making things more difficult. They said a number of times that pausing all PERMs is a proactive measure — there have been no issues so far, but they want to make sure there never are any. The basic premises seem to make sense, but it puts all of us running through the process in a difficult position. They wouldn't give any timeline for how long such a pause would last, but reading between the lines with office closures, it seems that it would last at least all of 2020, and probably well into 2021. My question: Is what my company doing reasonable, or is it more of a situation where they're adopting a very conservative stance to reduce their own risk down to zero, even at the cost of putting all its employees into immigration limbo? Thanks!
- winter_blue 6y agoI have this very same question. My company announced something similar – that they wouldn't even be doing PERM recruiting because of the posting requirement, and the risk of getting in trouble with DOL. I too work for a large tech company.
- proberts 6y agoReally both. First, your company can post the notice of filing electronically so that's not a real issue. But yes, there's a chance that PERM filing will be scrutinized more closely and audited and denied with greater frequency. But that hasn't happened yet so I guess in the end I don't buy that approach. I just don't think it makes sense to base decisions on things that might happen.
- esalman 6y ago> PERM filing will be scrutinized more closely and audited and denied with greater frequency. But that hasn't happened yet Interesting to see you think that way. My wife recently got her PERM application denied. The reasoning was that the in-house job posting did not include the salary for the position. We think it was a clerical mistake on part of the company attorney and we are trying to move on by looking at other options. However, last year her colleague obtained PERM with the same job posting template. It gave us the impression that indeed the PERM filings are being scrutinized and denied with greater frequency.
- bberenberg 6y agoCan you speak at all to how a US based company that is 100% remote should hire "employees" in various countries? Today we make most of them contractors, but are trying to understand if there is a better method. It seems particularly difficult especially when we only have 1 person in a given country.
- proberts 6y agoUnfortunately I don't know the mechanics, I just know that legally it's possible to employ someone abroad as a direct employee even if he or she has no US immigration status. For those who can navigate such things, I'd contact an accounting firm that's part of a global network.
- arcticbull 6y agoThis is what PEOs exist to support. Here's an example: [1] [1] https://peoworldwide.com https://peoworldwide.com
- bberenberg 6y agoThanks! I will definitely have to research this.
- arcticbull 6y agoYeah they're cool; basically they take on your employees full-time and subcontract them back to you. This way they're fully papered up, and can even provide benefits. They're not the cheapest way to go, but once you have a big enough presence in a foreign country you can always open up a local office of your own and transfer them over.
- xfalcox 6y agoThis company from an ex-gitlab does exactly this http://remote.com/ http://remote.com/
- not_a_moth 6y agoFor those viewing solutions here, do your diligence on permanent establishment. You're almost certainly still liable for corporate tax in country where you're indirectly employing people, OECD is clear on that as a general guideline. Few solutions bother with actual compliance here and are in a bit of a legal grey area.
- rahmaniacc 6y agoHi peter, I was on a H1b and quit my job in March (I still have a year and few months left on my H1b). I applied for a change of status to a h4 (this is still in progress with the USCIS) and had planned to relocate to India in June to start my company, but am still in the US waiting for the covid situation to resolve. Is there any option for me to start the company here?
- proberts 6y agoFor the company in India? Definitely.
- rahmaniacc 6y agoThanks for the response! Two questions - Q1. Can i continue working from the US (while on a H4) if the company is incorporated in India? Q2. Can I incorporate in the US and continue working given the current situation?
- kotxig 6y agoI am a greencard holder currently living in the UK due to the coronavirus pandemic. I have a re-entry permit but I am concerned about taxes while I am in the UK. If I rescind my greencard will I have a more challenging time securing a non-immigrant or immigrant visa in future? I was considering rescinding the greencard and going through the H1B or O1 route in future.
- nutjob2 6y agoWhat are you tax concerns exactly? You have to file a US but generally you can avoid double taxation, especially on the first $100,000. If you have business income it's generally a good idea to incorporate and have the company pay you to get the full tax benefits. Incorporation generally gives you a lot of flexibility tax wise. If you abandon your green card you'll have to pay capital gains on all your assets as if you sold them, I believe. PS: I am not a tax lawyer, but that's a quick overview
- justaguy88 6y agoNot all assets, first $800k(-ish) isn't taxed. And you need to have had the green card for some number of years https://www.irs.gov/individuals/international-taxpayers/expatriation-tax https://www.irs.gov/individuals/international-taxpayers/expa...
- kotxig 6y agoMy tax concerns are essentially being unable to leverage the tax efficiency vehicles while working in the UK. i.e. having to pay tax in the US on income that attracts zero tax in the UK. My actual concern is about going through the immigration system in future if I choose to rescind my green card. I understand that it isn't a pleasant experience I just wondered if it becomes any more challenging from having held an immigrant visa in the past. > If you abandon your green card you'll have to pay capital gains on all your assets as if you sold them, I believe. This is only true for certain holders with wealth over a certain amount, I wouldn't attract the exit tax. It's more about being able to make good financial decisions if I am to stay in the UK as I'm uncertain at the moment. My plan was to study in the UK but given the situation (no access to the campus makes zero sense to me) I have a job in the UK now. Engineers are paid what seems to be a significant amount less but there are many vehicles that optimize the taxes on that income. For example, tax free pension contributions are up to 40k/year (about $50k). You can also invest 20k per year of post-tax money in an ISA and pay zero tax on the earnings through interest and dividend. There are also tax allowances for interest on saving, captial gains allowance, entrepreneur's relief in addition to the personal income tax allowance. Stock options for employees are often very tax efficient too (10% tax). I think I worked out my total personal tax liability as about 19%. So to be efficient with your money in the UK you need to leverage these vehicles. A 100k GBP London salary can be as efficient as a $170k Salary in SF, and that's before considering cost of living, co-pay on healthcare etc. If you have to pay tax on worldwide income in the US, it completely erases the savings these vehicles offer, so you end up with a tax bill equal to the difference between what you have paid in the UK and what you would have paid on the same income in the US. Not to mention, companies that offer investment platforms for ISAs and SIPPs (do it yourself pension investment) will offer accounts to US residents due to the FACTA reporting overhead.
- donedealomg 6y agowith the change of immigration laws, I have an L1 case entered before the covid situation and before the Trump ruling halt of L1 visas, even if he changes the rules, because my case was entered before these changes will I still be able to enter under the previous rules? Thanks
- KerrickStaley 6y agoHow much do you charge for an initial consultation? (Serious question; I don't have a sense of how much things like this generally cost).
- proberts 6y agoEmail me separately. Thanks.
- on_h1b1 6y agoI have a SSN and I had a past job and past job visa in the USA. In general, what is the purpose of the SSN and is there any use for the SSN? With the context of H1B1, same question as above: Is there any use for the SSN in the context of a new H1B1 application?
- dandroidguy 6y agoSSN is your identity in US. Need SSN for getting a phone, car, house, etc as well as bank accounts, credit cards and so it is pretty important. Not relevant in context of new H1B except that the visa officer might expect it given you had a past job visa.
- paloaltokid 6y agoDo you think there is any chance that the current administration will try to kick permanent residents out of the United States?
- proberts 6y agoNo.
- paloaltokid 6y agoThanks!
- deleted 6y ago[deleted]
- dandroidguy 6y agoIs it okay to monetize on a mobile app while on H-1B visa?
- canniballectern 6y agoIs it possible for a Canadian to work remotely for a Canadian company from inside the US? For how long? Would this be on a B2 visa, since my presence in the US is unrelated to my work?
- proberts 6y agoLimited. It's permissible if you are truly just in the U.S. temporarily but the longer you are in the U.S., the less credible this is.
- theboat 6y agoI'm a Canadian with a BA in economics, but I now work as a data engineer at a startup. I see postings for remote data engineering jobs in the US which say that I must be eligible to work in the US and/or have a social security number. Is it possible for me to work for one of these companies using a TN visa? Does my degree have to be "engineering" if the role is "data engineer"?
- proberts 6y agoFirst, you can work for all these companies remotely in Canada without US work authorization. You have to come within one of the occupations (economist or engineer) and have the appropriate educational background. I would argue that your degree is appropriate for a data engineering position but USCIS and CBP typically take the narrow (irrational) view that the appropriate degree is one in engineering (or a related field).
- catsarebetter 6y agoShould we still be a delaware c corp or has that changed?
- remote_phone 6y agoHow hard is it to get an EB1 GC processing status if you have demonstrable contributions to Open Source? Is there anything in particular that’s needs to be down to let this go through?
- meristem 6y agoHi Peter, thank you for your time. I accidentally ripped my certificate of naturalization in half. How much of a risk is it to keep the halves and not get a new one? New one was $555 last I checked; is there any reprocessing or is it just law of supply/demand?
- innagadadavida 6y agoPolicy question: do you support merit based immigration? Do you think this will benefit the tech industry and the economy?
- emdowling 6y agoHey Peter! Former client, And used your firm for several employees. You’ve become an expert in this space. How do you think about scalability and succession planning? What motivates you to keep being so hands on? What has motivated you to become a leader in this field?
- proberts 6y agoThanks for that. I think fear of messing up! Probably not great advice.
- canttestthis 6y agoFor people in the US who are on H1- B and also aren't eligible for an E-1 visa, other than O-1 is there a different immigration path to founding a company in the US?
- proberts 6y agoThat's really it.
- canttestthis 6y agoThanks for responding :) I hope future administrations take the idea of a startup visa seriously.
- proberts 6y agoI'm signing off now but I'll be checking in again tomorrow morning and responding to anything I've missed or any new questions/comments. If you posted something and I missed it, please re-post. Thanks.
- apineda 6y agoI'd like to make money off an open-source project that uses files from a commercial games (legally) installed assets. Is this possible?
- lucasmullens 6y agoI think this thread is intended for immigration legal questions, not just general legal ones.
- apineda 6y agoOh ok. I'll delete if I can figure out how!
- throwawaybbqed 6y agoHi Peter .. thx for taking time to answer questions on the weekend. Curious what happens when someone with an H1B (say greater than 3 years used but less than 6 post-extension) leaves the US to go back to their home country? If that person is interested in working in the US again as an H1B, do they need to be subject to the lottery again or are they exempt since they were already "approved" for an H1B? I heard it has something to do with the time when you re-file to go back? I'm specifically curious about the case when the person decides to go back after a few years (after when the H1B would have expired). Canadian here btw.
- Cybuster 6y agoHello, I just got informed that I passed the interviews at google and got accepted by the hiring committee. I am a Mexican and I went to college and passed all my courses but I don't have my title yet (a very common situation here in Mexico), it might take a year or 2 to do the paperwork to get my college degree. The recruiter told me I will start working remotely and then after covid move to the us, what are my options? I have been working as a software engineer in Mexico for two years. I know the TN visa from nafta would be an option for me but I am not very informed, could you help me?
- shibeouya 6y agoHi, I am a LPR and applied for a GC for my spouse 1.5 years ago. Our I-130 was approved last March, however NVC has never receive the file. It seems that USCIS just never transferred the file to NVC even after more than 4 months. We have sent multiple requests to NVC Research, and recently made an Ombudsman request however this does not seem to help. What are our options at that point if USCIS just holds our file hostage for no reason? Thank you.
- mtremsal 6y agoNot a question. Just wanted to thank your team, and Michelle in particular, for invaluable support and guidance in what has been a harrowing year.
- Cybuster 6y agoHello, I just got informed that I passed the interviews at google and got accepted by the hiring committee. I am a Mexican and I went to college and passed all my courses but I don't have my title yet , it might take a year or 2 to do the paperwork to get my college degree. The recruiter told me I will start working remotely and then after covid move to the us, what are my options? I have been working as a software engineer in Mexico for two years. I know the TN visa from nafta may be an option for me but I am not very informed, could you help me?
- mattm 6y agoGoogle should have its own legal department that can help you. I would ask your recruiter to connect you to them.
- airstrike 6y agoDo you have any thoughts on H-1B renewals in the current environment? Usually these require traveling outside of the US, but that's easier said than done, so I wonder if there are any rumors of these working differently in the upcoming application season
- GoodJokes 6y agoHow much you charge yo?
- gmanis 6y agoHi Robert, Thank you for doing this. My questions is if someone didn’t use their initial H1B (1.5 years left), and left US, can they still use that without having to go through the process from scratch ?
- anontn 6y agoI came on a TN visa and now have a E37 green card sponsored by my company where I work as a software engineer. The GC was issued 1 year ago but I would like to look at changing companies while still being in an SE role. Is there anything I should be aware of with regards to citizenship if I should apply in 4 years?
- random42_ 6y agoAnecdata: I have a couple of friends that switched companies as soon as they got their green cards that are US Citizens now.
- Nydhal 6y agoHow would it be possible to work for your own company while on STEM OPT?
- massimosgrelli 6y agoCan you share the basic text/structure for B-1 visas to attend an acceleration batch in the Bay Area?
- caduceus 6y agoHi Peter, I know I'm commenting a bit late but just wanted a bit of advice. I'm a Canadian employed by a US company, living in NYC at the moment. Since the pandemic hit I've been working remotely and will be for the foreseeable future. I wanted to move back to Canada until we're back at the office so I can be closer to my family as it's been incredibly lonely working here in isolation, however my employer is saying I can only visit for up to 6 weeks. I'm just wondering what grounds do they have for enforcing this? And also, what is the worst that can happen if I just stayed in Canada for a few months?