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I'm Peter Roberts, immigration attorney who does work for YC startups. AMA
I’ll be here for the next 2.5 hours and then again at around noon until the end of the day. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won’t have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!
Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts https://news.ycombinator.com/submitted?id=proberts.
- ra7 6y agoHow is the new wage requirements affecting H1B approvals? I heard it was being challenged in court. Are H1B transfers and renewals also subject to the new wage requirements? Thanks as usual for your time and contribution!
- proberts 6y agoYes, the new prevailing wage requirements are being challenged - and also might go away under the Biden Administration - but they apply now and to all new H-1B petitions even renewals.
- greencardq11 6y agoHow soon after (maybe 6 months) receiving a EB3 greencard can I leave the sponsoring employer without raising suspicions? (Been working there for 4yrs+) Can anyone take the greencard from me leaving too early?
- proberts 6y agoThere's a lot of misinformation about this but there's really no waiting period and really hasn't been since AC21.
- greencardq11 6y agoAh nice. Is there anything else I have to do? I want to be self-employed ASAP I don't have to stay in exactly same profession, right?
- proberts 6y agoYou would need to continue to work in the same field, although this is very broadly defined and generally just not an issue, and although you can port your green card application to your own company, USCIS will want to make sure that this company is real and doing business.
- greencardq11 6y agoAre you sure this is the case AFTER I received the actual greencard? I thought I wouldn't even have to work technically (which of course I plan to do) I understand this is the case while i485 is pending.
- sg47 6y agoNot after receiving your green card. After applying for 485.
- proberts 6y agoCorrect.
- manishsharan 6y agoI am a Canadian Citizen orignally from India. I have a MBA from Cornell. I have heard that the H1-B visa cap is not applicable for my case. Is this true ?
- proberts 6y agoIt is; it's just that there are 2 buckets, one for this a master's degree or higher from a US school and another for everyone else. What this means in practical terms is that you will have a much higher chance of getting selected in the lottery than someone without a master's degree or higher from a US school. Also, as I'm sure you know, you might qualify for a TN, which is not subject to a lottery.
- lyrrad 6y agoI have a master's degree or higher from a US school. When I applied for an H1-B a few years ago, my employer's immigration lawyers decided not to submit applications under the master's cap, since my degree was unrelated to my position. Are there potential issues if the master's degree is unrelated to the position? I have a related undergraduate degree.
- proberts 6y agoYes, there are potential issues but they could be overcome.
- eb5gc 6y agoI'm on the Eb5 conditional green card and submitted by evidence for the job creation and adjustment of status and received my fingerprinting notice date in dec. Does that mean my conversion to a permanent GC is a mere formality?
- proberts 6y agoNot necessarily. You job creation evidence needs to be reviewed as well as your immigration history/compliance.
- deleted 6y ago[deleted]
- gotem 6y agoWhat are some of the greatest legal risks/vulnerabilities for startups and how can they be mitigated? Or unexpected risks.
- proberts 6y agoWhen you say legal risks/vulnerabilities, are you referring to immigration ones (because these are the only ones I am able to comment on)? And are you referring to startups founded by foreign nationals only?
- gotem 6y agoI was just discussing in general, but if you can only comment on immigration-related ones I’d be curious to hear what some common issues are that startups run into when hiring immigrants.
- proberts 6y agoThey're really no different from other companies hiring foreign nationals. Sometimes, however, with startups, USCIS wants to make sure that it's a real business and will ask for evidence of this in the form of client contracts or letters of interest, funding, products or product development, etc.
- zinekeller 6y agoI have currently no questions, but thank you for taking some time for those who have questions about this important topic!
- proberts 6y agoThank you.
- fasinfranco 6y agowhat is something that is currently broken, or very difficult to achieve, that you believe should be easier?
- proberts 6y agoDo you mean immigration-wise?
- fasinfranco 6y agoworking with startups.
- proberts 6y agoIt would be wonderful if the Biden Administration revives the International Entrepreneur Rule because we really don't have an immigration option specific to startups and this would make it much easier for the founders of moderately funded startups to work in the US and build up their company.
- roamerz 6y agoI think you can count on Biden, if he is elected president, to do everything in his power to completely get rid of borders and twitter and fb to ban even talking about them.
- towndrunk 6y agoI've been in tech for 28 years and I'm thinking of going to law school next fall. My focus would be law and technology. Comments/thoughts? Thank you!
- proberts 6y agoFantastic field with tons of opportunities.
- briane80 6y agoAre you proud of your work? Driving wages down for everyone?
- kondu 6y agoI sure am proud of his work, helping thousands of people get better jobs and live betters lives.
- briane80 6y agoFine you go ahead and be proud of employers using the immigration system to make more money for themsevles and shareholders at the expense of employees (regardless of their nationality).
- throwawayandh1b 6y agoAt the expensive of hurting thousands of Americans. also all the Indians downvoting me, you know it's true.
- simonebrunozzi 6y agoWhat are the best ways, right now, to be able to work and reside in the US, for a talented, experienced, somewhat wealthy IT professional? E2, O1, H2B, else?
- proberts 6y agoWithout knowing any of the details, generally the best options are the E-2 and the O-1 (assuming that you are not from a country with its own visa).
- hozsgeek 6y agoWhat are chances for H1-B if one take online masters from US universities ?
- ffggvv 6y agohow expensive is it for startups to hire immigrants or sponsor an h1b? wouldn’t it be cheaper/easier to hire americans until the company is larger?
- proberts 6y agoAll in for an H-1B, anywhere between $5k and $10k depending on the legal fees and whether premium processing is used. So a company would avoid these costs if hiring US workers.
- mkinom 6y agoWhat is the best route currently for someone on the H-1b visa to startup in the US? Is raising VC funding a necessity?
- proberts 6y agoThat will depend on a number of factors, including country of citizenship and the amount and origin of any funding. There are visas specific to certain countries and these are always the ones to look at first because they are often the easiest to obtain. Other potential visas include the E-1, E-2, and O-1. And sometimes it just makes sense to remain employed by the founder's current H-1B employer and file a concurrent part-time H-1B through the startup, which at least allows the founder to work openly and with valid work authorization for his or her company.
- arkj 6y agoI am from India and we would like to start our operations in US. Are there any other visa options for founders other than H1-B?
- gogopuppygogo 6y agoEB5 program exists if you are well capitalized.
- proberts 6y agoThat's right but the EB5 process is really slow right now. The other options are the O-1 extraordinary ability visa and the L-1 intracompany transferee visa (if you have existing operations in India).
- proberts 6y agoDepending on a variety of factors including whether there are spouses involved who would like to work and whether multiple founders and/or employees will need work authorization, the options are the O-1 and the L-1. (The E-1 and E-2 are unavailable to Indian citizens.) There's also hope that the Biden Administration will revive Obama's International Entrepreneur Rule (or IER). This likely would be the best option for many founders but we'll have to see.
- neha_t 6y agoIf you have an existing company in India, and have been working in it in an executive or managerial position for over an year then look at L1A followed by EB1c. Thats the route I took.
- wonderwonder 6y agoHow did you get into immigration law and then how did you become to work for a company like YC?
- proberts 6y agoTo be clear, I don't work for YC. I always was interested in US immigration and like just about everyone in the US (with the exception of Native Americans), my ancestors immigrated here. And the federal judge I worked for after law school was a strong supporter of the rights of those seeking asylum in the US. And then I was extremely fortunate to work for wonderful immigration lawyers early on in my career which solidified my interest.
- h1bthrowaway9 6y agoHow soon after an approved H1B can one start the green card process in current situation, especially with drastic increase in the wage requirements?
- zamalek 6y agoI know that Microsoft and Amazon start you on the process almost as soon as you land on American soil, but proberts will know more.
- cliverani 6y agoCan you point us towards any resources for general immigration hiring frameworks for early stage startups? Given the current shift towards remote work, I'm interested in learning more about different approaches.
- proberts 6y agoI'm not aware but if you ask specific questions, I might be able to help.
- tomcat27 6y agoCan people working on H1B visa open a company to run a side business such as a mobile application that doesn’t need employees.
- proberts 6y agoIt's possible but complicated because self-employment isn't permitted under the H-1B.
- deleted 6y ago[deleted]
- its-hawk 6y agoHi Peter, I'm a Canadian student. I recently received a summer internship offer starting in May 2020, however I would like to enter the U.S. in January. (1) Could entering the U.S. while the J1 application is being processed (in January) cause issues (e.g. due to an updated I-94 for instance)? (2) Could I get the J1 visa to start in January so I don’t need to return to the border come May 2020? Thanks Edit: grammar & organization
- irateswami 6y agoWhat's your take on the widespread abuse of H1B visas by large tech firms? How could the H1B program be adjusted to protect both the visa holder and the American worker?
- briane80 6y agoCareful now, if you mention protecting the American worker you might get flagged and woke scolded by dang.
- proberts 6y agoWe don't represent large tech firms; our focus is on mid-size companies and startups and honestly I don't see abuse with these companies. What specfic abuses are you referring to?
- gmanis 6y agoHi Peter, Thank you for doing this. Can someone who has unused H1-B from long time ago, use it if they have a job offer from a US tech company and is presently outside the US?
- proberts 6y agoYes, it's possible to use unused H-1B time from a while ago to get sponsored for an H-1B now (and avoid the cap). But there's a limit; if it was too long ago, it might not work.
- gcsmith45 6y agoI'm working under H1B. My PERM has been approved and I'm waiting to apply for i140. I'm getting married in few months (my to-be spouse is outside US and doesn't have a visa) and I want both of us to get the green card together. Is it OK to start the i140 process without getting married and add my wife's name when filing for i485 (after wedding in few months?)?
- proberts 6y agoYes. But she would need to be in the US in H-4 status for her to be able to file an I-485 application with you.
- notafraudster 6y agoPeter -- what's your take on the various COVID-related presidential proclamations vis-a-vis the incoming presidential administration? Is Biden likely to unwind these immediately, or not? Second, is there anything in the whisper network about how forthcoming US embassies have been with National Interest Exceptions for the above. There is basically no information available online about what categories of people can get these exemptions and which foreign embassies are most forthcoming. I'm a noncitizen living in the US, traveling to Europe in January and as of right now don't have a concrete way to re-enter the country, since no foreign embassy will discuss the NIE until I'm present in their respective country, but that means I need to fly with an open ticket and worst case scenario will have to return to Canada or Mexico for 14 days before re-entering the US.
- proberts 6y agoMy sense is that the travel bans and bans on the issuance of H-1B and L-1 visas will go away soon after Biden takes office (although they might be replaced by quarantine requirements in the US). Regarding the NIEs, I agree, the process is very frustrating because the information is hard to come by and varies from Consulate to Consulate but based on my experience, NIEs to the ban on travel have been freely granted if one is returning to the same company and position in the US.
- tawer3244r4 6y agoAre there any immigration law implications for H1B holderes interested in being a co-founder and/or investor and/or advisory role in a startup
- proberts 6y agoThe issue is whether these activities rise to the level of employment, that is, providing a service in exchange for some type of compensation or benefit or really anything of value. The main issues arise when the investor or advisor owns a piece of the company invested in or advised. The specifics very much matter, however, so send me an email if you would like to discuss.
- throwawayandh1b 6y agoHow's it feel to replace American jobs?
- avz 6y agoCan an employee on EB green card leave their sponsoring employer to start a PhD in the US and keep the GC?
- proberts 6y agoYes. Once one has a green card, one can do anything.
- hamsterbooster 6y agoHi Peter, Thank you for doing this. I am a student founder at a university in the US on J-1 visa (with 2 year requirement in place). I have got an interview with YC last summer and plan to apply again. If I got into YC and plan to continue working on the startup full-time, what would be my options in term of immigration and visa?
- proberts 6y agoNeither the B-1 nor the O-1 are subject to the 2-year home residence requirement so one of these might work. You also might want to kick off the waiver process at some point.
- actionowl 6y agoDo you think the new administration will have an impact on immigration and if so, what do you think will change? My wife and I have been waiting since July on an update to her K1 adjustment of status. Some of that is COVID related issues, but I suspect some of the delay is due to additional processing of the new requirements (e.g. I-944).
- fovc 6y agoWhat's a reasonable price to pay good lawyers to put together an H1-B application for an employee?
- proberts 6y agoI think the vast majority charge around $2,500, plus or minus $500, although I've seen as low as $1,500 and as high as $5,000. Most also charge something additional charge if the petition is a cap-subject petition as opposed to a transfer.
- exhibitapp 6y agoHi Peter, is it possible/how difficult is it for a Canadian to set up a Deleware corp?
- Andre84 6y agoHi You may easily form Delaware corp with clerky
- proberts 6y agoThat's right, it's very easy in the US to set up a company and many founders use Clerky.
- exhibitapp 6y agoThank you!
- marvindanig 6y agoI have a tech cofounder who lives abroad. How easy/convoluted would it be for him to come to the US through L1 sponsorship? Does it even make sense?
- proberts 6y agoThat will depend on several factors, including how long he has been employed by the company abroad, the number of people employed by the company abroad, and the number of people employed by the related company in the US, among other factors. Oftentimes, for startups and small companies, an O-1 makes more sense initially.
- asdf_snar 6y agoHi Peter, Thanks a lot for doing this. My partner is on a cap-exempt H1B (academia) and is a citizen of a European country. She has her work authorization, but the visa in her passport is expired, and to my understanding she needs that to re-enter the U.S. should she leave the country. As you know, visas are not being issued until at least Dec. 31st by presidential proclamation. After that, it seems consulates have a huge backlog of visas to issue, so assuming the proclamation is not extended, it seems the time-limiting step will be getting an appointment. It is our understanding that until then, she cannot leave the country without risking her employment, as she may be unable to return to the U.S. for six months or more (which violates the conditions of the H1B). I have two questions: 1. Is our information correct? We have found conflicting information from "official" sources (universities, lawyers, ...) 2. I understand the desire to prevent abuse of the H1B system. Is there some way in which these travel restrictions on active H1B holders prevents abuse? We're both very frustrated, but the worst part of not being able to see family is that there seems to be no logical reason for it. Thanks in advance.
- sushshshsh 6y agoMy wife is an H1B holder who is now in line for a green card. She is unable to leave the United States until she receives that green card within a year from now. Her passport will likely expire before then. It's all just a giant game :) Our solution was to lawyer up and let them handle everything for us, there is no use in trying to understand a government system.
- bobsru 6y agoHi, I am on H4 EAD and planning to start either C corporation or LLC with a little investment (personal). My EAD expires next March and I am not going to take any salary. My question is, if my EAD extension is not approved by next March(most likely the case considering the queue), can I still continue working for the company I incorporated? Thanks!
- proberts 6y agoA nuanced question which turns on among other things the definition of employment which in turn will depend in part here on how far advanced the company is at that time. I would need to speak with you to explore this but the short answer is that it might be possible to continue after your EAD expires.
- scottlocklin 6y agoUS citizen here. How do I escape the dystopian hellscape that California and its politically connected tech companies are turning the US into? Lists of entrepreneur and investment visa countries with stable and less evil governments would be appreciated.
- deleted 6y ago[deleted]
- dutchmartin 6y agoYour welcome in the Netherlands 🇳🇱: https://ind.nl/en/work/working_in_the_Netherlands/Pages/Start-up.aspx https://ind.nl/en/work/working_in_the_Netherlands/Pages/Star...
- Andre84 6y agoalso maybe Hong Kong might be an option?
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- wqxrtmp1 6y agoWhat is the difference between doing work for someone versus simply just working for someone?
- closeparen 6y agoLevel of independence, probably.
- Andre84 6y agolegal difference? it might need more context to extend on it e.g. contract work / versus onsite employment etc.
- proberts 6y agoCan you elaborate because I'm not sure that I understand what you are asking?
- dboreham 6y agoIf you have to ask...
- throwaway961 6y agoHi Peter, I'm in the UK and have an approved I-140 (EB2 NIW). I'm waiting for IVP but due to COVID19 and the various visa bans, the London Embassy is apparently only scheduling interviews based on National Interest Exception grounds. I'm co-founder of a new startup in my research field (same basis as NIW, cloud computing), looking to move to the US to register the company, raise a seed round and hire. Do you think that NIW could provide grounds for a National Interest Exception? Thank you!
- proberts 6y agoPossibly but you would need to show something more, such as job creation or some connection to medical research or healthcare or infrastructure.
- kasrak 6y agoHi Peter, - Are J1s being issued for software engineering interns for next summer? I thought these were paused, but not sure what the latest is. - Would it cause problems if an H1B holder relocates to a different US state (one where the sponsor company doesn't have an office), but keeps working remotely for the same company? Thank you.
- proberts 6y agoJ-1s are still being issued but only on an exceptional basis. It's likely that this ban will go away with the change in administration. As an H-1B visa holder, you can only work at the locations listed on the LCA and I-129 with limited exceptions. So if you want to work remotely for an extended period of time at a location no so listed, then your employer likely will need to file an amended H-1B petition before you are able to work remotely.
- ty64 6y agoHow soon before the 5 year citizenship application mark (post-getting your green card) can you begin the application process? Is it advisable to file for citizenship on your own?
- jhatax 6y ago1) you can submit application paperwork 6-months prior to the 5-year mark. 2) I did this on my own. It’s quite straightforward and there are tons of great resources online. Two things to help you: 1) use Adobe Acrobat Reader to fill the form. The forms were created with Adobe’s tools (or so it seems), so validation is built/in. Also, there are sections where the response to the first question dictates the next few responses; with Reader, if you don’t check the box, you don’t need to fill N/A in the rest of the fields for that section. This might seem like a small detail but when dealing with USCIS, you don’t want to take any chances. With the right tool, you don’t have to worry. 2) if you don’t hear back on your application post the interview stage, request an appointment with the reason that you want to provide additional details or answer follow-up questions. My application got “lost” in a pile somewhere and took 75-days to make it through to the step wherein I could schedule an oath ceremony. The wait is nerve-wracking, to say the least. Good luck and send me a message if you need any help. Once again, not a lawyer; just another immigrant who went through naturalization (and now filing of my dad’s GC) on his own.
- proberts 6y agoYou can submit the application 90 days before your 5th year anniversary as a permanent resident and unless you have an issue - extended time outside the US while a permanent resident or a criminal record - it's a really easy application that doesn't require the assistance of an attorney.
- corazoncito 6y agoHi Peter, My wife (American citizen) and I (citizen of a South American country) got married in March of this year (we live on the East Coast) and I have submitted my Green Card application as well as Form I-765. Is it possible for an American company to hire me with that form pending? Or are my employment prospects basically zeroed until I receive said form?
- garyfirestorm 6y agoIANAL you must get ead card in your hand to be able to work. Employers will not even interview you if they don’t receive a copy of it.
- proberts 6y agoUnfortunately, you can't work until you receive the EAD.
- dudul 6y agoYou don't need the actual green card to start working, but you need to wait for your temporary Employment Authorization card (you should also get a temporary Parole card to be able to travel outside the US). Not a lawyer, but I went through this process 5-ish years ago, that's how it was at the time. You can probably start interviewing without these cards (as long as you disclose your atypical schedule to the employer), but you won't be able to start working.
- CalChris 6y agoHi Peter, thanks for doing this. Founders need to understand the basics of immigration paperwork. For native citizen founders, this is probably our first interaction with the USCIS; we basically know nothing. Can you point us to any YC or legal white shoes backgrounder on what we need to know about hiring people at their various stages of immigration paperwork?
- garyfirestorm 6y agoUSCIS
- proberts 6y agoUSCIS offers guidance on its website but I'd recommend that you spend 15 minutes with an immigration attorney to understand the immigration options and issues (because the USCIS guidance is limited).
- loganu 6y agoI'm not Peter but I'm happy to walk any founder through the different visa options available to them or potential employees. Have helped dozens of YC founders and hundreds of founders - logan@legalpad.io
- nanook 6y agoGot a copy of this book recently but yet to dig into it: https://www.amazon.com/Immigration-Startups-Founders-Jason-Susser-ebook/dp/B08GZPBFPH/ https://www.amazon.com/Immigration-Startups-Founders-Jason-S... Thought it might be useful to share here
- eb3throwaway_5 6y agoMy company is concurrently filing the forms I-140 and I-485 for my GC in the EB3 category pretty soon. 180 days after that, when the AC21 rules kick in, and I have my EAD, would I be able to move to another state in the US and continue working remotely from home for the sponsoring employer in the same position? Thanks!
- proberts 6y agoI'd need to review the filed applications to advise but as a general rule, after an I-140 is approved and the I-485 has been pending for 180 days, the applicant can port his or her green card application to another company or even to another position or location within the same company - as long as the applicant continues to work in his or her occupation.
- eb3throwaway_5 6y agoThank you!
- arcticbull 6y agoMy understanding is that once you have an approved I-140, an I-485 pending for over 180 days, and an EAD, you can pretty much do whatever you want (including nothing) so long as by the time your I-485 is adjudicated you then have a same or similar job. Is that correct?
- emmajohson 6y agoHi Peter - thanks so much for taking the time. How quickly do administrations tend to impact the flow of immigration to a country? ie. if Biden were to relax some of Trump's policies, how soon could you expect people from Europe etc. to be able to start taking advantage of that. Know it's hard to gauge but would be great to hear from your experience with previous administrations.
- Andre84 6y agogovernmental processes are very slow for ammendments / adjustments to get enforced could take years
- proberts 6y agoMy understanding is that all or nearly all immigration actions taken by the Trump Administration via executive order will be undone by the Biden Administration very quickly if not immediately including the travel and visa bans. So, the only obstacle - which is a major one, however - is the pandemic and the corresponding very limited operations of US Consulates around the world.
- heavy_239823 6y agoHello Peter, I have Cystic Fibrosis, does this exclude me from the H1B visa?
- proberts 6y agoNot at all. What's your field?
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- rickmz552 6y agoHi Peter, Thanks a lot for doing this. What are the risks for an F1 student on OPT to run an llc a the US?
- Andre84 6y agoWhat do you imply by "to run"? OPT doesnt restrict from registering llc, hoowever to work for own llc difficult buerocratic proocedures might need to be completed also refer to the answer in the post https://news.ycombinator.com/item?id=25232444 https://news.ycombinator.com/item?id=25232444, please
- kondu 6y agoHi Peter. Do the new H1B wage requirements also affect those already with a H1B but seeking renewals? (for ex, if they're in the green card queue)
- proberts 6y agoYes.
- Havoc 6y agoThis must be right up there with the best in terms of successful advertising campaign. And I don't mean that negatively - clearly tangible value is provided in these threads so fair play. Still...PR masterstroke in terms of reaching your niche audience.
- proberts 6y agoI wish I were that smart but thank you. I just don't do enough to give back and this is one way that I do or at least try to.
- klaudioz 6y agoHello Peter, thanks for doing this. I'd like to know your opinion about acquiring an EB-1 visa being an IT worker. How difficult do you think it is ?. I'd like to try to do what Julian Shapiro did: https://www.tefter.io/bookmarks/48931/readable https://www.tefter.io/bookmarks/48931/readable. Also, I'm in H1B-1. Could it be dangerous for me to try this?
- proberts 6y agoSuch a filing would have no impact on your current H-1B status or your ability to extend this status. Regarding an EB1A, the standard applied is extremely high and very difficult but we as well as other attorneys file them for IT professionals. It's just going to depend on how strong your background is. I'm not familiar with Julian Shapiro.
- immigrant1 6y agoHi Peter, I'm a start-up founder, on a H1B, and I just filed my EB-1a-based I-485. My H1B expires end of March 2021. Do I need to renew my H1B, or can I simply use the AOS application to maintain status while the green card comes through? I imagine after my H1B expires, if I don't file for a renewal, I won't be able to work, unless my EAD comes through on time? Under normal circumstances I'd renew my H1B, but given the insane salary requirements due to recent changes to the program, I need to pay myself upwards of 250K, and I just don't feel too good drawing that level of salary as a founder :) Do you have any advice? Would USCIS relax the salary requirements for founders?
- sjs7007 6y agoHow can someone on a H1-B which is tied to an employer start a start up and file EB-1a?
- ramraj07 6y agoLast time they explained some trickery around the board filing it if the board consists of some University folks if you finished your degree just there?
- immigrant1 6y agoGetting a H-1B for your own start-up is quite straightforward if if you have more than one founder and you've raised some investment. You need to be able to show that you can be fired, so typically having <50% ownership and a functioning 3-person (or more) board who can control your actions is sufficient. You can get one of the other directors, or a co-founder (assuming they are in a position of power, such as CEO or Director or President) to sign off on the petition. They don't need to be a US resident, just an officer of the company. For new companies, you need to be able to show enough bank balance for 1-2 years of salary (we had 300K in the bank when we applied for my visa). For salary requirement, to start off with, don't list yourself as CEO or CTO in your first petition, as that greatly increases the salary you have to be paid, this may not make sense in the early days of the company. In reality, for the first 3 years, I was a solo-developer, so I simply listed myself as a software developer. 3 years later, once we had a team, and when my H1B came up for renewal, I listed myself as CTO, and had to pay myself 2x. Just be careful to list the role that closely resembles what you actually do in the company, and while it maybe nice to call yourself CEO or CTO, in all likelihood, in the first couple years, you're not really functioning anywhere close to that capacity, so take advantage of that :) H1B => EB-1a (assuming your credentials are in place) is also quite straightforward. EB-1a can be self-petitioned, so you don't even need the company to sign off. Just get a good lawyer (like Peter) and that'll be sufficient.
- yalogin 6y agoThere is a restriction on green cards that the holder cannot be outside the country for more than 6 months. How strictly is that to be followed, asking because I might have someone in that situation soon because of the pandemic.
- proberts 6y agoIt's actually not really a restriction. The real issue is on absences of more than one year. And with the pandemic, I've had no issues with clients stuck outside for more than 6 months - but less than one year.
- alex_h 6y agoIf the person intends to naturalize in the US, a 6+ month period outside the US is also presumed to break the continuity of residence, which resets the 5 year clock for naturalization. You can challenge the presumption of a break though. https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 https://www.uscis.gov/policy-manual/volume-12-part-d-chapter...
- Moodles 6y agoThank you for the Q and A! I have an EB-1A sponsored by my employer, i-140 approved and it's been 180 days since my employer filed i-485 (still not approved). I have my EAD and AP in hand. Can I change jobs, lose jobs, etc with no fear of losing my green card?
- sjs7007 6y agoUnrelated, but if you don't mind, how did you/your employer manage to get a EB-1A filed?
- Moodles 6y agoI just asked and they did it, haha. I work for a big company with a big lawyer team. I came here on an O-1 and it was basically just resubmitting all that paperwork. I was actually pretty pissed off at the time, because they just filed it super fast after I asked, without even getting my final approval on the full application. I thought the standard for EB-1 was much higher so I was worried, but it turned out fine I guess (though I haven't got the physical green card in my hand yet, I do have the i-140 approved which I think is the hard part where they judge if you're "extraordinary" or not?). Getting the O-1 was such a nightmare though. I'm not being modest. I'm really not extraordinary at all. I just think the O-1/EB-1 system is a little antiquated, so they look for things like academic publications more than e.g. if you actually invented a really great technology. Plenty of colleagues are actually more extraordinary and productive than me. The criteria for O-1/EB-1 maybe made more sense back in the 1970s where the smartest folks wrote academic papers? But anyway, I did a PhD in a very niche subject area which was kind tied to applications in industry, which you can make the argument affects lots of people, and so the general argument the lawyers made was: "X is a very niche field. America needs X". I have a few hundred citations, not thousands. But one or two pieces of work were with bigger companies so did make the press (mainly a short article which was copied and multiplied lots of times across different outlets). The really big pain was asking for 7+ references from people I had worked with in the past, explaining that, hey, this isn't a normal professional reference, this is a US immigration thing, so if you could say how much of a genius I am that would be super helpful, thanks.
- pixiemaster 6y agoIn a choice between a bad deal for the founder and insolvency, which would you choose as a founder?
- jtlienwis 6y agoIs it legal to hire someone in the US from a foreign country because the hiring manager is not fluent in English and needs someone with fluency in a foreign tongue, when other qualified candidates DO speak English? I lost an engineering job with a fortune 500 company once, for a job in California because I believe I did not speak Russian.
- proberts 6y agoThat's an employment law question but I don't believe as a general rule that it's a violation to require a foreign language.
- morpheuskafka 6y agoIt looks like the issue is a little complicated, according to this website, they can but it the examples given seem to be a little more pervasive than just a single manager not speaking English: https://www.shihabimmigrationfirm.com/employment-based-immigration/perm/foreign-language-requirements/ https://www.shihabimmigrationfirm.com/employment-based-immig... On the other hand, if the product or intended market involved a foreign language it would definitely be okay.
- throwawayquest 6y agoHi Peter, is it possible to get a L1 visa if I don't have a degree but been at the company for more than 5 years in a European office?
- proberts 6y agoYes. There are two options: via a blanket L-1A visa application as a manager (the blanket L is available to relatively large global companies) with a US Consulate or via an L-1B petition as a professional/specialized worker with USCIS.
- throwawayquest 6y agoThank you!
- dandroidguy 6y agoI recently downgraded to EB3 and filed concurrent AOS and I-140. If my spouse uses EAD, does it mean I get tied to EB3 for AOS or I can still move to EB2 in case that queue goes faster?
- proberts 6y agoYou can still move to EB2.
- jonatron 6y agoCan I get a TN1 as a citizen but a non-resident of Canada?
- vecinu 6y agoI may be able to share my experience here since I went through multiple TN1s. You'll satisfy the citizenship requirements but will have difficulty proving significant ties to Canada if you don't have a bank account, car, home or family still in Canada. Typically speaking you'd have some of these ties if you were a resident of Canada but it doesn't really follow as a hard requirement. As long as you satisfy the border officer that you have the intent to return home to Canada after finishing your contract, you will most likely receive a TN1. It becomes easier if you're a current resident.
- jariel 6y agoI am 100% not a lawyer, so understand that. But having gotten a few TNs at the border, they've never really asked about residency. With your degree, a letter from the employer highlighting the constraints (role, salary), they ask you some questions and that's it. If you are young, the border guards might get stuffy that you make 2x their salary, I found that to be the case. The Mexican border officials I found have no clue about NAFTA/TN, it's literally a trade violation, it's really odd I guess they don't process many Visas but you'd think it would be 'in the book' somewhere. So if you go to the US/Can border with the right paperwork, my experience (not legal opinion) has indicated you'd be fine.
- sunir 6y agoYou have to ask for a NAFTA officer. You should do your research where the NAFTA officers are and cross at those border entries at the times they are present.
- jariel 6y agoThe staff at the Mexican border had absolutely no idea what 'NAFTA TN Visa' was, there was no response of "We don't have a NAFTA officer on duty now, come back later or go to XYZ border crossing" it was "What are you talking about? We have no idea, go away."
- e_commerce 6y agoTo which countries are you seeing white citizens of the United States fleeing, right now?
- proberts 6y agoI need to sign off now. I'll be back at noon. Thank you.
- eb1-qun 6y agoI'm from a country with a large EB2 backlog, and I'm at a principal/staff level at a FAANG, currently somewhere on the EB2 backlog. What are my chances of getting an EB1 if I self sponsor (with help from a law firm)? I have about 15y of professional experience but everything I've done has been very proprietary, albeit on well known household-name products. I haven't blogged or published either under my own name or for my employers. I can probably get references from senior leaders in various FAANG companies. I don't have a PhD but I have a Masters with some publications and a few dozen citations.
- proberts 6y agoIt's going to be tough because the EB1A standard has gone up considerably and is tough where there's limited public/external evidence of achievement. That being said, it's still possible where an applicant can be linked to the major achievements/product of his or her employer.
- kblev 6y agoI'm a DevOps engineer living in Europe with 10+ years IT experience. No formal education. What's the best path to work and settle in the US with my wife? What's a good but reasonable salary that I could achieve?
- wikibob 6y agoExpect $175,000 to $300,000 compensation. https://www.levels.fyi/Salaries/Software-Engineer/San-Francisco-Bay-Area/ https://www.levels.fyi/Salaries/Software-Engineer/San-Franci...
- bird_monster 6y agoSalary will depend heavily on where you want to live. As someone else commented, SF salaries are insane. If you don't live in SF, your salary will not be that insane. Seattle/New York will be close.
- Permit 6y agoI have recently joined a FAANG company. I am currently working remotely in Canada (where I am a citizen) but they would like to bring me to the US in 2021 on a TN visa. I can choose to relocate any time from January to July. I would like for my wife to be able to work in the United States. My understanding is that if I get on an H1B visa she would be able to get an H4 visa that allows her to work. My question: Since the H1B is a lottery, is there any advantage to me moving to the USA ASAP (Jan/Feb) so I can try to get in the lottery for 2021? Or would that be too late and I would probably end up waiting for 2022's lottery anyway?
- groundedgoose 6y agoYour spouse can't work in H4 visa
- Permit 6y agoThanks! I must be misunderstanding something then. I was going off: https://www.path2usa.com/h4-dependent-visa https://www.path2usa.com/h4-dependent-visa > An H4 visa allows visa holders to: > Get a driver's license > Pursue education > Open bank account(s) > Become eligible for an ITIN (Tax ID for IRS Tax purposes) > Work in the US Is this site just completely incorrect? Or are you aware of additional requirements they might not be stating?
- returningfory2 6y agoYou need to have an approved I-140 immigrant petition for your spouse to qualify for H-4 based employment authorization. However, if your or your spouse's country of birth is also Canada, then at the present time you and your spouse can file for green cards concurrently with the I-140. Both of you will receive work authorization via these pending green card applications. So the H-4 employment case wouldn't be really relevant to you. That program exists for people born in countries whose green card lines are backlogged, and who can't file for green card with their I-140.
- 6y ago
- noantidote 6y agoHi Peter Thanks for doing this! I am currently on a J1-Fulbright (with 2 year home requirement), and was planning to apply for an O-1 in future (once I have a few years to resolve and obtain funding for a startup idea). I've been told by Fulbright that it would be damaging to future applications if I am denied a 2 year waiver. Is this true, and is it likely that a waiver will be granted with the new administration? Is it too late if I intend to graduate in June 2021? Thanks for your help in advance!
- proberts 6y agoJust to be clear, Fulbright is telling you that future applications, such as an O-1, could be impacted if your J-1 waiver application were denied? That's absolutely not true.
- CyberRabbi 6y agoHi Peter, What type of effect has the proliferation of immigrant worker programs created by the federal government in recent decades, such as H1B, had on the natural born American worker? Generally positive or negative? Thank you
- mdturnerphys 6y agoYou're getting downvoted because this isn't something that Peter is claiming to be an expert in. He's an attorney, not an economist.
- CyberRabbi 6y agoI would expect an immigration attorney to be generally well-versed in immigration in all facets. I’m a Rust developer but I generally keep up with all topical software engineering issues.
- Andre84 6y agoit depends. In my opinion, each case/ impact is individual while some cases might impact negatively the native american [ in reservation? born in US? or to which extent native?], others might impact them in a positive way
- CyberRabbi 6y agoThe existence of individual cases does not negate the fact that a systemic effect exists. What is that systemic effect?
- Andre84 6y agothere is certain good in diversity which comes from immigrants from different locations altogether with skills and natural resources it was a factor that allowed US to build the most powerful economy in the world. However, times change. I remember from lessons of History in the Univesity that every civilization has phases: Establishing, Prosperity, Decay. It is obvious that average impact at each of the three phases might be different. Also it might be that in the North and in the South the impact is opposite.
- jmangubat 6y agoI'm a Canadian hired on a TN Visa for a California start up, I start in mid-December and plan to fly into California to obtain my Visa at that time and then fly back to work remotely from Canada. Is there anything about the TN that prevents me from working outside of the States?
- sunir 6y agoWhy are you flying to California? For onboarding? I would recommend getting a TN prior to your flight in case there are problems. You don't need a TN if you're physically in Canada. You only need the TN if you're entering the United States to work. If you don't need to enter the United States, you can avoid this for now.
- jmangubat 6y agoThey don't have Canadian payroll set up and don't want to hire contractors.
- proberts 6y agoWhy are you getting a TN if you will be living and working in Canada? You can work for a US company as an employee without having US work authorization if you are physically outside the US.
- nrmitchi 6y agoDisclaimer: Not an attorney Really, there is nothing about a TN that prevents you from working in Canada, because you don't need any authorization for you to work in Canada (as a citizen). But what you are suggesting sounds wrong. Do you plan on paying US taxes but not live there? Do you plan on not paying Canadian taxes? If you are getting a TN to prevent your employer from having to follow appropriate processes for employing people in Canada it feels like you are putting yourself personally at risk for this employer. Again, I am not an attorney, but you should probably talk to one about options here because something just _feels_ incorrect about this set up. Edit: I accidently remoted a sentence: There are many organizations (PEOs) that try to solve this problem, such as https://remote.com/ https://remote.com/
- laurencerowe 6y agoI’ll be eligible to apply for naturalisation next year. N-400 processing times for the SF office are currently 14.5-17.5 months, compared to 9.1 months nationally and 5.6 months 4 years ago. Speculatively, is this something the new administration could remedy quickly?
- proberts 6y agoThe expanded processing time is the product of the pandemic (shut down of offices, their limited capacity, and the backlogs) and political priorities. The Obama Administration made the expeditious processing of naturalization applications a priority and reduced the processing time to around 6 months on average. We will still feel the effects of the pandemic for some time but if the Biden Administration makes the processing of naturalization applications a priority, then the average processing could go down, and probably significantly.
- laurencerowe 6y agoThanks! I'll keep my fingers crossed.
- sverhagen 6y agoI submitted my application online a few weeks ago and it's saying both "We are taking longer than expected" and "Estimated case completion time: May 2021 (6 months)". Is that date wholly unrealistic then?
- throwitaway4421 6y agoI was on an F1 OPT. My employer applied for a H1B/E3/TN adjustment of status so that I could continue working after the OPT expiration. Unfortunately the I797 came in after the OPT expiration date. Not only that, the approval notice came in after the 60 day post OPT grace period (and I didn't leave the US). So, I overstayed on my OPT visa, but I am currently in the US on a valid visa. Should I expect problems in the future? Am I still accruing unlawful presence due to overstaying the OPT? Or does the clock stop once I receive the I797.
- proberts 6y agoIt does not appear that you have overstayed. As long as the request to change status was filed wile you were still in F-1 status, you were authorized to remain in the US until the petition was reviewed/approved.
- throwitaway4421 6y agoI just looked this up, and found something about the H1B cap gap extension. https://internationalcenter.umich.edu/students/f1-students/cap-gap https://internationalcenter.umich.edu/students/f1-students/c... Is that what you are referring to? The reason I ask is because it seems to me that the cap gap extension only allows staying until Sept 30, not until the petition is approved (my petition was approved in november). Thanks!
- maddynator 6y agoI am on H1B for last 12 years. Born in India so standing at the end of never moving line. Basically dont see when I can get 485 or green card. Is there a way for people on H1B to start a company? I don't know anyone from India or China who has done this. Reason I am picking India and China because they have the longest wait time. I have been waiting for 12 years and would guess I need to wait another couple of years before I can get anywhere with EAD or citizenship. How do I go about starting a company on H1B?
- proberts 6y agoIt is possible but it's a challenge because there's a prohibition against self-employment in the H-1B context. The options are the O-1 (a high standard but self-employment isn't really an issue) or the H-1B but with cofounders so that the ownership and control are diffuse.
- suyash 6y agoI thought one can't work for one's own company in O-1 just like H1B no?
- proberts 6y agoAs a general rule, being a founder and/or substantial owner doesn't disqualify one from O-1 classification (and in fact is usually an asset). The standard for O-1 classification is less whether one meets an abstract standard of extraordinary ability and more whether one meets the specific O-1 criteria which are often within reach of talented engineers without advanced degrees, particularly those who have founded or are in the process of founding a company.
- maddynator 6y agothanks.. cofounder route doesn't pan out for several reasons. All cofounder I want to work with are on H1B. And the last time I tried a citizen as cofounder they screw you for being on visa. Same as how big giant companies do just more directly. Anyway, how does one demonstrate they have extraordinary ability for O-1 when everyone on the H1 list has a masters and been an engineer for a while? Any examples of how people have pulled this off in the past?
- academia_hack 6y agoI have always been curious about the concept of "digital nomadism" and remote working while traveling to many countries around the world. Most people I know living this lifestyle have a very lax viewpoint on the concept that remote working around the world incurs special tax liabilities/visa requirements. I'm not sure if that's actually true or if living in countries for 2 months at a time for the purpose of remote working does create tax & visa nightmares. Do you have any advice for US citizens who might be interested in taking up that sort of lifestyle? In particular, are there countries that are trivially amenable to such arrangements or certain types of employment contracts / job arrangements that help provide legal cover for perpetually travelling employees?
- proberts 6y agoUnfortunately, I'm not familiar with the immigration and tax rules of other countries but what you mention I see happening more and more with our clients and our immigration laws are going to need to be changed to account for remote/no-fixed address employment.
- vertis 6y agoIANAL but I have been DN for a few years, albeit not a US one. In my reading, US citizens are responsible for US income tax regardless of where they are in the world. Some of that is balanced by double taxation treaties, but this doesn't apply if you're floating from one place to the next. While it's possible for some digital nomads to become a (tax) resident of nowhere, falling into a loop hole, it was my impression that this was not the case with US citizens. It's anyone's guess as to how long this will last, especially with this years uptick in remote work (if that is coupled with a return to the ability to travel after COVID). In the case of self employed digital nomads it's possible to structure your businesses to legally minimize taxes. I run my business out of Estonia, which may not be the cheapest tax wise but has the benefit of being an EU country, and somewhat transparent about tax. Estonia has flat 20% tax on share distributions. This is also great for startups. Money that comes into the business and stays in the business isn't taxed, simplifying growing your business. https://nomadcapitalist.com https://nomadcapitalist.com has some good reading on the subject, both blog or book. Regardless of whether or not you agree with his observations on certain things. I'm far from an expert, but if anyone wants to talk about my experiences, my email is on my profile. Edit: Is it allowed to add answers in AMAs, I'm not across the etiquette.
- loganu 6y agoYou can move to an O-1 or other visa, if you want to move from H-1B employer to doing your own thing. Since you've got a priority date already, you can keep that when you move to the new company, so the wait isn't completely lost. I've helped 10ish founders go from H-1B employees to being a founder on O-1 this year, would be happy to chat through the playbook.
- maddynator 6y agoSo do you retain priority date on O-1 that we get on H1b? can you please DM me info on how I can reach out to you for next step?
- loganu 6y agoI don't seem to be able to DM... maybe not enough karma? DM me or logan@legalpad.io and I can walk you through a few options.
- maddynator 6y agosame problem for me too... fake internet points red-taping real conversations.. :) Anyway, emailing..
- dvishal 6y agoCan you please share more details for h1-o1 conversion?
- loganu 6y agoI don't seem to be able to DM... maybe not enough karma? logan@legalpad.io and I can walk you through a few options.
- 8611m 6y agoHey Peter, Me and my partner recently (1 month ago) got our green cards via my employer. My partner had previously started green card process through their work as well which is currently in PERM phase. Is there any value in continuing my partner's green card process through their work? Is it at all common that EB green cards are rescinded? I have no reason to suspect this, I am just being extra careful.
- proberts 6y agoNo, there's really no reason to continue with that process; I've never seen a green card revoked because improperly issued.
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- bgrgndzz 6y agoHow can college students on F1 visa start a startup?
- proberts 6y agoLimited preliminary things can be done but you can't really run it and work for it until you have OPT. Some F-1 students, with very strong backgrounds and great ideas, try for an O-1 or even a green card but the standards for these are tough to meet, particularly for someone young.
- Andre84 6y agoyou may reffer to https://www.youtube.com/watch?v=CBYhVcO4WgI https://www.youtube.com/watch?v=CBYhVcO4WgI https://www.youtube.com/channel/UCcefcZRL2oaA_uBNeo5UOWg https://www.youtube.com/channel/UCcefcZRL2oaA_uBNeo5UOWg
- KaneW 6y agoI am an Australian nation and wondering if you know of any companies that sponsor under the E3 visa in Silicon Valley?
- proberts 6y agoA lot do and as you probably know - at least pre-pandemic - the E-3 visa is relatively easy and fast to get. Unfortunately, I can't provide the specific names of clients.
- aith 6y agoYes E3 is one of the easiest, along with Canada/Mexico. Should not be an issue for any company in the Bay Area.
- genidoi 6y agoI'm an Australian working in CA at a tech startup. Lmk if you have any q's about the E3. Tldr of it is that it's really easy to get if you have an offer of employment. So easy you shouldn't need a lawyer, which my company found weird because they're used to the complexities of the H1b.
- kilian_a 6y agoHi Peter, I'm wondering which visa pathways are interesting to consider for permanent relocation of EU citizens, and possibly Iranians and South Koreans when relocating entire startups to silicon valley. Thank you for this AMA!
- proberts 6y agoIt's going to vary depending on the country of citizenship but right now the best path to transferring large numbers of employees to the US is the E-1 or E-2 visa. For large companies, the L-1 visa also can be a good option.
- loganu 6y agoOne way to do it: incorporate the company (Stripe Atlas), raise funding, apply for the O-1. Can smoothly move from H-1B to O-1 without leaving the country.I've helped a number of people do this over the last year. If you have cofounders it is slightly easier, but solo founder is certainly possible. EB-1 is a logical extension of the O-1 - same "exceptional ability" criteria. The EB-1 isn't any easier at a big company vs a little company; it's all about your professional accomplishments. Arguably, raising money and building a startup shows you've accomplished more than being engineer #600 at BigCo.
- wollofpu 6y agoHi Peter, Thank you so much for doing another AMA! I'm a 25 year old student on F1 Visa (OPTX) that expires in 7 months. I work as a software engineer at a tech company. The company will sponsor me in applying for the H1B visa. I'm also working on a startup with a US citizen. We plan to have the startup sponsor me as well for the H1B visa. Hopefully applying for a concurrent H1B visa (source: https://www.am22tech.com/concurrent-h1b-multiple-jobs/ https://www.am22tech.com/concurrent-h1b-multiple-jobs/) will help improve my chances of getting picked during the lottery. I'm also considering a US O-1 visa and EB-1 visa, but might not have the right credentials. I have a Master of Sciences in Computer Engineering with Master Thesis in Machine Learning. I've built sophisticated logistics tools that generated $500k+ of annual recurring revenue in my role as a software engineer. The startup I'm working is launching soon and will be a B2B SaaS that should generate good cash flow. For who have been through similar situations or with immigration knowledge, your feedback and advice would be greatly appreciated: 1. What are my best options for staying in the US? 2. What other options do I have for staying in the US? 3. For an H1B visa, is there any downside to applying through multiple employers for different positions at different companies? 4. Do I have a shot for the O-1 or EB-1 visa? 5. Is it worth exploring options in Canada? If so, what is recommended for my situation?
- proberts 6y agoThere's no issue at all with having two companies submit your name into the lottery as long as both are bona fide companies and bona job offers. There's no question that the H-1B is the best option to work for the tech company and an O-1 might be an option to work for your own company, although probably not until it hs some "traction." Regarding Canadian immigration, email me and I can refer you the names of some good immigration forms there.
- loganu 6y agoTake a look at the requirements for an O-1 and you can see if raising VC helps you. get.legalpad.io/legalpad-webinars-and-events E-2 visa and green cards are other popular routes.
- loganu 6y agoO-1 is generally a better visa for founders: 3 years, renewable over and over, path to a green card, no minimum salary, can come and go as you like. E-2 and L-1 also possibilities, depending on structure and financing of the company. H-1B would be my last resort, if I was going to move to the US as a founder again.
- milkbikis 6y agoMy wife and I are both on H1B. If one of us has to go to H4 due to unavoidable circumstances, can that person again apply for H1B while in US?
- throa2213 6y agoMy plan is to get a L1 visa (I'll be eligible in 4 months) and then apply for a green card so I've got 2 questions: 1. When do you think US embassies will start issuing L1 visas (I've heard it's next to impossible to receive them right now). 2. Is it possible for a company to apply for an employment-based greencard (EB3) for an employee that is based out of the USA? How does the timeline look for those (when is the moment where it's the absolute necessity to arrive in the USA)?
- loganu 6y agoCheck out supervisa.ai for Canadian options. What country were you born in, what countries do you have citizenship? H-1B is going to be super expensive for a pre-revenue company to hire you at (with the new H-1B changes). If you've raised money for the startup, you might be able to afford it, but the O-1 is a better visa to look at (and cheaper for the company).
- loganu 6y agoUSCIS is the best place for authoritative info... but it can be really hard to navigate through all their different programs and find what you need. Chatting with an immigration attorney like Peter and his team, or our team at Legalpad, will help you understand what your options are, as well as the grey areas and nuance in some of the rules. Sometimes what the government says, and how they actually respond to cases, can be pretty different - experience in the field matters, you need to see a number of cases to get a feel for what works/ doesn't work.
- domatic1 6y agoHi Peter, if I marry my girlfriend who is from the USA how long do I have to wait until I can work in the US? Thank you
- dboreham 6y agoI'm not the expert (although I did marry a US citizen...) but I understand the answer is "pretty much immediately", but there are likely to be some paperwork delays in terms of having the necessary proof of residency in order to convince an employer you are legal. Here is a page with detailed info: https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens https://www.uscis.gov/family/family-of-us-citizens/visas-for... And of course: if you plan on doing this please get yourself an immigration attorney. My pro tip is to avoid the busy areas in the US for immigration (Bay Area, LA, NYC...). I did my green card process in Montana with a local lawyer after a few years under the yoke of the San Jose INS office using SF-based attorneys. Night and day experience.
- l4yao 6y agosorry, maybe a dumb question but did you have to be physically in Montana?
- jonas_kgomo 6y agoWhy is it so hard to get hired if you aren't in the US. Most positions need to know if you would need VISA help, why is this still a problem even in the remote era? What distinguishes YC companies
- orsenthil 6y agoHi Peter, thanks for doing this. I just want to say Thank you for engaging in this kind of discussion. It benefits all of us.
- benoror 6y agoI worked in US and was on TN Visa until earlier this month. Came back to my country (MX) and got a travel B-1 visa already. I'm bootstrapping a startup (remotely) with a US Co-Founder. Will I be able to incorporate when the opportunity arise?
- Reebz 6y agoHi Peter, is it possible to self sponsor yourself with your own startup for a visa? For example, an E-3 and assume that the applicant is an Australian citizen.
- krishamehta12 6y agoHi Peter, I am a computer science masters student on F1 visa(I am from India) graduating in May 2021. I want to start my own company soon after. Is it possible for me to start my company on OPT? If yes, how can I continue to work after my OPT expires?
- joeblow21 6y agoIs Biden in fact the “Presidenr Elect” or does he have to wait for the vote to be certified for it to be official? A lot of people have been telling him he is. Is this elder abuse?
- CorporealSim 6y agoHi Peter, Thanks for doing this again. My girlfriend is here on an H1B visa and applied for a Green Card but her application has not moved forward in the Department of Labor for 6 months. It is now considered delayed. Is there anything we can do to keep her in the United States? Thanks
- wave100 6y agoHi Peter, Citizen here, but only thanks to people like you who got my parents through the immigration process. Just wanted to give you kudos for hosting this Q&A.
- okapple 6y agoCan I be a startup advisor and accept advisory stocks from a startup while on H1B visa for other company?
- jitendrac 6y agoHi Peter, I am from India and was thinking for a startup route via YC, what would be the best visa category I should apply for YC batch and later what are the options for incorporating a company in USA. India does not allow concept of dual citizenship, so at i think best my future goal wolud be for like startup visa and greencard? Can you give me your opinion??
- marcoreus 6y agoHi Peter, How long can you be outside the US if you're on 1. TN and 2. H-1B (for both COVID-related reasons and for non-COVID related reasons) ?
- marcoreus 6y agoHi Peter, If you're currently on H1-B, what are the ways you can achieve Green Card through founding your own VC-backed startup?
- randomly123 6y agoHow do I find a job in the Bay Area in a company which is willing to sponsor visas, from India?
- godelmachine 6y agoHi Peter, Thanks for your periodic AMA’s. I am waiting for my Canadian PR which I know would be granted in the next 6 - 8 months, once the pandemic ebbs. After staying in Canada for 3 years, I would be granted Canadian citizenship. In 1st week of Oct 2020, I was informed my I-130 has been approved. My father, who became a naturalized US citizen in Oct 2018, had filed for my GC and I am in F2B category right now. I have been told it’s another 2 years before I get my GC. Naturally my first priority would be to get Canadian citizenship, and then US. I am expecting my Canadian PR to be approved by first half of 2021, after which I would be leaving for Canada. My GC would be approved by Oct 2022, approximately. 1. Do I have to land in USA as soon as my GC is approved? If my calculations are right, I would still be in Canada in the middle of finishing my 3 years to Canadian citizenship when my GC would be approved. Is it okay if I get my Canadian citizenship and only after that move to USA to pursue 5 years wait time of US citizenship? 2. How much tax would I have to pay to both countries? Is there a double taxation avoidance treaty between Canada - US? 3. Any other caveats I need to know before I become a citizen of both counties? I am 31, working in IT with 4.5 yrs of work ex, currently based in India, have a 4 years bachelors of engineering degree, and never married. Any suggestions would be reciprocated with immense gratitude.
- Ronak20 6y agoHi Peter, Can I come to USA on TN Visa while my green card file is in NVC. My father(US citizen) sponsored me in 2017. I am over 21 age. My I 130 was approved two months ago by USCIS. I need to wait 3 more years before I get Green card as per visa bulletin.
- samedwalker50 6y agoHi Peter, Thanks for taking your time to do this. Well, i am a asylum seeker currently seeking asylum here in the United States. I came to the US through the border. Upon, arriving to the US, I enrolled in college currently doing my undergrad in computer information systems at Baruch College in NYC. I want to know whether or not my college degree can play a critical role in helping me with my green card process? Thank you
- Saar1991 6y agoHi Peter, thanks a lot for doing this. I know I'm a little late but posting my question in case you see it: I am an Indian citizen (currently residing in India) and my potential co-founder is on H1B in the US. We want to start a startup in the US (because that's where our market is). What are the best visa options for me and him?