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

• baxtr 2y ago
  Just meta: You dropped the "immigration lawyer" part. Does this mean the scope of questions is different? Thanks for doing this regularly!
  • proberts 2y ago
    Good catch! Thank you. Immigration lawyer should have been included.
• vicpara 2y ago
  Once I get the O1 visa, what paths are available to aim for a green card? If the company with which I applied for O1 goes bankrupt what happens to my visa status?
  • proberts 2y ago
    To be clear, green card paths are not helped or hurt or impacted in any way by the underlying status so your green card options are the same whether you're in O-1 status or not. That being said, because of the nature of the O-1, many of those in O-1 status go the EB1A extraordinary ability path or the EB2 national interest waiver path. An O-1, except in limited circumstances, is tied to a specific employer so if your O-1 employer went out of business, your O-1 would go away - but it's very easy to transfer an O-1 from one employer to another.
    • souvlakee 2y ago
      That's not easy. Many employers aren't aware of this type of visa.
      • Suppafly 2y ago
        >That's not easy. Many employers aren't aware of this type of visa. I think a lot of the response are presupposing that the commenters are in the tech industry. If a company is already setup to deal with visas it's probably not a big deal, assuming the economy is still going well and companies are hiring. In another field where companies don't or barely deal with visas at all, it's probably really difficult.
• benjaminfh 2y ago
  No question here, but love to see this, having been the grateful recipient of your support in the past, Peter! Thanks again. (Peter is awesome!)
  • proberts 2y ago
    That's very kind. I hope that all is well.
• yu3zhou4 2y ago
  What is a difference between acceptance rate among teams vs solo founders in YC?
  • proberts 2y ago
    Again, this is outside my scope. That question should be directed to YC directly.
• htrp 2y ago
  How are YC startups addressing the myriad of legal and copyright concerns around the AI models that seem to underpin so many of their business models?
  • proberts 2y ago
    That's outside my area but the key is to engage with corporate/IP counsel at the outset, ideally before the company has been incorporate. One non-immigration issue that comes up all the time is incorporating before the founder has left his or her employer and thus putting the IP at risk.
    • htrp 2y ago
      Ah apologies, didn't realize you were talking immigration only
• ub-volta-toss 2y ago
  Do you have a list of common red flags that engineers should avoid when considering working at a startup?
  • proberts 2y ago
    From an immigration standpoint? Only that the immigration options and issues should be fully vetted and understood as early as possible. While there are some minor differences, from an immigration standpoint, there's little difference between the immigration options/path for employment with an established/large company and a startup.
• vinnymac 2y ago
  I don't have a question, but wanted to let you know that your site, www.robertsimmigration.com has a self-signed certificate and therefore others cannot create a secure connection to it. > openssl s_client -connect www.robertsimmigration.com:443 2>/dev/null > --- > SSL handshake has read 1859 bytes and written 427 bytes > Verification error: self-signed certificate > --- Cheers
  • proberts 2y ago
    Thanks! I need to shut down that website. I merged my firm with another.
• porker 2y ago
  In the USA is there any concept of prior art when considering trademark applications, like there is with patents? If "YCombinator hosting" had been commonly used by businesses, and YC decided to trademark that phrase, would the prior usage be taken into account (and void the trademark application)?
• ryangs 2y ago
  What are some of the challenges involved with international hiring in a remote environment? I work at a fully remote startup with ~200 employees. We hire from a couple dozen countries but I know there are fairly significant barriers whenever we add a new one. What are some of those challenges? Are they getting more streamlined?
  • proberts 2y ago
    From an immigration standpoint, there are no issues with U.S. companies employing foreign nationals who are working remotely OUTSIDE the U.S.; U.S. immigration doesn't come into play unless and until the individual will be working IN the U.S. For employees working remotely in the U.S., while this needs to be noted and referenced in any immigration application, it doesn't really change the immigration options and paths.
• norswap 2y ago
  This is not immigration per se, but how often do you actually see issue with contract requalification? For context: hiring remotely you don't want to set up a corporate presence in every country, that would be mind-boggingly complex & expensive — so instead you hire people as contractors or use an employer of record (EOR) like Deel to hire people and then you contract Deel. The one risk with hiring contractors that will basically only work for you (though for sure, the contract should not make this a condition) is that in some jurisdiction is allegedly pretty easy to take these contracts to court and requalify them as employment contracts, putting you on the hook for back taxes and possibly fines. I'm just wondering how much that stuff happens in practice, and how much of an issue it is when it happens.
• punitvara 2y ago
  I think you missed to mention your area of expertise in AMA description
  • proberts 2y ago
    I know. That's embarrassing. I've never done that before. Thanks for pointing out!
• gc_burner123xyz 2y ago
  Do you have any recommendations on how long one should wait before starting a startup after receiving permanent residence (EB2) in the US? I've heard rumors that quitting the job that was used to justify the permanent residence too soon can jeopardize either the green card or future naturalization applications. Is this true?
  • proberts 2y ago
    That's really not true. There was some slight truth to this (but really just slight) years ago before the AC21 legislation, which allows those in the green card process to change employers without having to restart their green card process. Again, to be clear, lawyers used to say there were issues leaving soon after getting a green card, but that really was never true and with AC21, there's really no risk. All this being said, it's still good to have a consultation about this to rest easy.
• sangupta 2y ago
  Is there a possible track for H1B holders (solo/team) to be able to start one? What I have usually been briefed is that you need a US citizen as a majority stake holder. Thanks.
  • proberts 2y ago
    It's challenging but not impossible. A key is having less than 50% ownership interest in the company and an employment agreement with the company. It's close to impossible where the ownership is vested and at or above 50%. Again, not impossible but extremely challenging. The other owners also can be foreign nationals; they don't need to be U.S. citizens. So, where there are three foreign national founders, each owning a third, this should be fine.
    • sangupta 2y ago
      Thanks - this helps. > employment agreement with the company I believe this means that once the entity is founded and funding secured, all participants will need to transfer their H1B to this new entity in order to work for it, right?
• norswap 2y ago
  What's the general schema of getting someone a work visa in the US? My understand is big tech usually tries to see if you're eligible for an O-1, and then they take their chances for H1-B, and then there's also a pathway for bringing in workers that have already worked from you from abroad (for one year). Wondering if there's other types of Visa that are applicable, and where they slot in in the general algorithm of a US-based employer that wants to get a Visa for one of their workers. I also recently learned about the EB1 Visa, though that one is not tied to an employer. I'm wondering how it compares to the O1 in ease of access / modalities.
  • proberts 2y ago
    If the individual is employed by a related entity abroad, then large companies would transfer him or her to the U.S. using the blanket L visa, a super fast and easy process. If the individual is not employed by a related entity abroad, then other options must be considered. First, there are easy options if the individual is a citizen of one of five countries with its own visa; these are Australia, Canada, Chile, Mexico, and Singapore. These countries have free trade agreements with the U.S. that give rise to these visas. If the individual is not a citizen of one of these countries but is employed in H-1B status by another company (or previously was employed in H-1B status), then an H-1B change of employer application is usually the best option and an easy one. If the individual is not employed in H-1B status (and never has been), then we look at the O-1. Sometimes the E-1 or E-2 visa is an option but this has very specific and limited requirements regarding the nationality of the company and the individual and regarding the company's trade with U.S. and investment into the U.S. company. It's a great option when it works. The EB1A is a green card path and is a high standard that takes a while.
• deleted 2y ago
  [deleted]
• proberts 2y ago
  Sorry, there's a dropped phrase in my title. It should read "I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA." Thanks.
  • cirrus3 2y ago
    That is going to be confusing, good luck ;)
  • dang 2y ago
    Fixed now!
• aaronbrethorst 2y ago
  How are you thinking about the potential effects of a second Trump administration on immigration and how it might affect tech companies?
  • proberts 2y ago
    There's a lot to worry about but to keep the worry/analysis grounded, I think it makes sense to review what his administration did last time. And most of the damage was done to those who were illegal or seeking asylum or were from certain countries and seeking to travel to the U.S. It was awful and very disruptive to the lives of many. On the legal business immigration side, the main damage was the result of changes in policy and the way regulations were interpreted and applied. This included doing away with the deference given to previously approved applications when extensions/renewals were sought. This was disastrous, resulting in the denial of applications for people who had been employed in the U.S. by the same employer for years. The Biden administration immediately undid this when it took office. The other major change was in changing/increasing the requirements for getting H-1B and O-1 visas and extraordinary ability green cards. The Biden administration undid some but not all of these changes. There is concern that a Trump administration would undermine the H-1B program as well.
    • tombert 2y ago
      Is there any reason to think that Trump will ramp things up if he gets a second term? Particularly since the Supreme Court is so thoroughly conservative now?
      • shimon 2y ago
        It would make sense to expect some ramp up because immigration is a stronger electoral issue than it was previously, and because a second Trump administration will probably be more coordinated and effective in implementing its goals than the first one was. Given how laden with unintended consequences any change in immigration policy is, though, there are probably some limits on the rate of change that would be possible and politically prudent. For example, without undocumented immigrants, milk would be a lot more expensive (https://www.nytimes.com/2024/10/15/magazine/milk-industry-undocumented-immigrants.html?unlocked_article_code=1.SU4.W70q.P4p_v-eGrnUg&smid=url-share https://www.nytimes.com/2024/10/15/magazine/milk-industry-un...). The current election is showing us quite starkly how significant grocery staple prices are in shaping public perception of a nation's economic health.
• kimjune01 2y ago
  I'm a Canadian looking for remote work in America. Is there any downside risk to the employer if I work a W2 remote job from Canada? As long as I pay taxes, is there any risk to the employee?
  • proberts 2y ago
    From an immigration standpoint, no downside and no risk. We have a lot of companies that do this: employ people abroad as W-2 employees without any U.S. work authorization (which isn't required if the employee is working remotely outside the U.S.).
    • infinite8s 2y ago
      How are these companies able to employ remote people as W2 employees? Aren't the remote employees subject to their local employment law? For example, in Canada the GP would need to be employed as a T4 which requires the company to maintain a Canadian presence (and pay corresponding taxes in Canada).
  • infinite8s 2y ago
    Any potential employer would need to have a Canadian presence (usually a ULC, which is a Canadian subsidiary of an American corp) or go through an EOR (Employer of Record), which would handle taxes, insurance, benefits, etc. "Quietly" working remotely from Canada isn’t a good idea as you'll likely fall foul of Canadian tax law (amongst other things) and immigration law (if you aren't a Canadian citizen), and your employer would likely have issues as well. This is a good summary of the issues: https://www.swanwealthcoaching.com/blog/2024/05/07/working-us-living-canada https://www.swanwealthcoaching.com/blog/2024/05/07/working-u...
• nceqs3 2y ago
  How common is it for companies to skip over a minimally qualified US worker during the PERM labor market test process? If a minimally qualified US worker is found, are they under a requirement to hire the worker or can they just reapply for PERM later and conduct another labor market test?
• abixb 2y ago
  What has been -- in your personal experience as well as in the experience of some of your lawyer colleagues -- some of the 'hardest' cases wrt employment authorization for US-based startups and YC? And why? Also, how are you anticipating the immigration landscape to change especially if President Donald Trump returns to the White House in January 2025? I'm asking this in the context of the 2017-2021 Trump administration's massive clampdown on Specialty Occupation visas through executive orders. [0] [0] https://trumpwhitehouse.archives.gov/briefings-statements/trump-administration-taking-action-tighten-foreign-worker-visa-requirements-protect-american-workers/ https://trumpwhitehouse.archives.gov/briefings-statements/tr...
  • proberts 2y ago
    Those who are in YC and who previously were in YC almost always can get work authorization, whether it's an O-1, E-2, H-1B, or country-specific visa. Relatively speaking, the harder cases are those involving those who don't have at least a bachelor's degree. While lots of experience sometimes can fix this, not always, which means that an O-1 visa is usually the only option. Regarding the impact of a change in administration, I just touched on this in response to another question/comment.
• EduardoBautista 2y ago
  Could a married couple each get their own individual E2 visas and then sponsor each other on the dependent visa and then both have open work authorization?
  • proberts 2y ago
    One can only hold one visa so one would need to hold the principal E-2 visa and the other could get the benefit of the E-2D visa.
• jasonbourne4 2y ago
  How much of a fuss is it for a start-up fresh out of YC to hire someone on an E-3 visa (the one for Australians) ? i.e., time & cost of the process including legal advice & applying for licences if any
  • proberts 2y ago
    Super cheap, easy, and fast. The E-3 visa is the easiest visa to get (as long as the applicant is Australian of course) and it doesn't matter whether the employer is a startup or an established large company.
• square_usual 2y ago
  Good morning Peter! I don't mean to get political, but do you anticipate any changes in the H1b process based on whoever wins the upcoming election? I've heard there were significant difference between the past two admins and that could play out again.
  • proberts 2y ago
    No worries. I just discussed this in response to another question.
    • lesuorac 2y ago
      Can you link to your previous comment in the future? https://news.ycombinator.com/item?id=41871481 https://news.ycombinator.com/item?id=41871481
      • proberts 2y ago
        Will do!
• gr4vityWall 2y ago
  I'm a non-American Software Engineer, living outside the US. Me and my girlfriend (who's an American citizen) are seriously considering marrying and moving together next year. Any advice or anything you recommend reading? Also, how long it typically would take until I was able to legally have a job in the US, once I move? I have a tourist visa and traveled to the States countless times. If I go there with the intent of getting married, do I need a special visa or not, considering I can already enter legally? Thank you for your time.
  • proberts 2y ago
    This is complicated so it's important to speak with an immigration attorney before you take any steps. The better option is to apply from within the U.S. but doing this while in the U.S. as a tourist is problematic. The other path, through a U.S. Consulate abroad, raises no legal concerns but can take a very long time (compared to a U.S. based application).
    • proberts 2y ago
      A work around would be to get some type of work visa (a challenge itself) and then once in the U.S. on this visa, apply for a green card based on marriage.
      • shuckles 2y ago
        Is this workaround applicable even if the work visa is of non-immigrant intent, like the H1B1?
        • mbbbb 2y ago
          Yes, for example I married my partner who was on an F1 visa, which is a non-immigrant visa, and we were able to easily adjust his status to the GC (this is faster than the K1 process)
          • shuckles 2y ago
• souvlakee 2y ago
  If you seek evidence like judging others' work or association membership for your O1/EB1, contact me at halloumee(at)proton(dot)me.
  • souvlakee 2y ago
    That's regarding the judging of hackathons.
  • souvlakee 2y ago
    I also can refer you to BCS or IEEE.
• eapotapov 2y ago
  Many Russian citizens who have moved out of Russia are currently being denied B1/B2 visas, regardless of their prior history or any proof of ties to their current country of residence. The rejection rate is around 60%, and I am among those affected under 214(b), despite having held five B1/B2 visas before, with no visa overstays or other issues. I don't plan to move to the US, but my startup operates in the US market, and it would be beneficial if I could meet customers and investors in person. I plan to apply again next spring (a year after the denial), and if I’m unsuccessful, I’m considering applying for an O1 visa to be able to visit the US, although I have no intention of staying long-term. Do you think this is a good idea? I’m concerned that after the O1 visa expires, my only option to return might be to apply for another work visa or O1 visa.
  • proberts 2y ago
    What you write is incorrect. Even worse, arguably, is that applications by Russian citizens sometimes just end up in a black hole and never get reviewed. Unfortunately, while applying for an O-1 visa can be a solution, this isn't always the case and O-1 visa applications also can end up in a black hole. In other words, there are no easy solutions for Russian citizens unless they are seeking to travel to the U.S. on government business or possibly seeking to travel to the U.S. to create jobs. But the background security check/security concerns can undermine just about any application unless the Executive branch/State Department is involved and is specifically supporting the visa application.
    • eapotapov 2y ago
      Well, that's life. Thank you so much—at least now I know my chances.
    • alkh 2y ago
      Just to chime in, what's the situation with getting an H1B visa for a Russian Citizen? Are there similar issues or is it still possible to get one?
      • proberts 2y ago
• TZubiri 2y ago
  Remote workers are clearly a gray area in immigration law. On the one hand if the worker lives abroad and imports products and related support services to the US, that's clearly not a migrant worker. On the other hand, if a remote worker is a virtual receptionist for a US business, or if the worker controls machinery remotely that operates in the states, they clearly compete with local labour, and bring cybersecurity issues. As an attorney with power to interpret and shape case law, do you think there is any grounds to require visas for some types of private remote work, given the current laws? Or would this be a matter that needs to go through congress.
  • proberts 2y ago
    Individuals working outside the U.S., even as employees of U.S. companies, are outside the reach of U.S. immigration law. Now, that doesn't mean that they are outside the reach of all laws, such as those controlling exports or combatting (cyber)terrorism. But immigration law has no say.
    • TZubiri 2y ago
      Interesting, but couldn't immigration laws have jurisdiction over the US company that employs the outside employees? Especially in the ways that they interact with US Soil and US citizens.
      • spondylosaurus 2y ago
        Immigration policies primarily govern residency, no? If you're not a resident of the US, any laws that apply to you would likely fall under employment or commerce, not immigration.
        • proberts 2y ago
          Correct.
• namanyayg 2y ago
  What are the best options for a student (F1 visa) who wants to found a startup in the US?
  • proberts 2y ago
    This can't be done while still in school but once you graduate, you can found a company while in F-1 OPT and then while in F-1 OPT status, look to change your status to O-1 (assuming that you also don't qualify for STEM OPT or another country-specific visa).
• gangstead 2y ago
  One idea to replace the H1-B lottery that I've seen on HN is to sort the applications by salary and let in the top XX highest paid. Do you have any thoughts on that? Is this one of those "why don't they just..." type of ideas that people with first hand knowledge know is majorly flawed?
  • proberts 2y ago
    I just don't see how the value - from a benefit to the U.S. economy perspective - is tied to salary so that doesn't make sense to me as a line to draw. If the H-1B program were to be limited in any way (which is not something I necessarily agree with), one option is to list occupations that are in short supply each year and to prioritize those. Many countries do this.
    • jefftk 2y ago
      > one option is to list occupations that are in short supply each year and to prioritize those That's a lot of what prioritizing slots by pay does: pay is higher for jobs with low supply relative to demand.
      • gangstead 2y ago
        I suspect that the real problem with prioritizing by pay is that it shows that a lot of employers are using H1-B workers to put downward pressure on wages. Also there are a lot of parties involved in gaming the complex system whose services wouldn't be needed if the solution was that simple. I think Upton Sinclair's quote applies here. https://www.goodreads.com/quotes/21810-it-is-difficult-to-get-a-man-to-understand-something https://www.goodreads.com/quotes/21810-it-is-difficult-to-ge...
      • bubblethink 2y ago
        Not necessarily. You need farmers and scientists. Can't do a descending sort by salary.
        • 2y ago
• guerrilla 2y ago
  Why did you decide to work with this rather than with people who might need your skills more, or do you do that too?
  • proberts 2y ago
    That's a fair question. We also do a lot of pro bono work on both the family and employment side.
• randoglando 2y ago
  Any hope for Indian immigrants on H1-B to get a green card? There are over 1 million immigrants affected by this.
  • proberts 2y ago
    It's just an unmitigated disaster. The only non-laughable path is via the EB1 (or marriage to a U.S. citizen or permanent resident). Many Indians who are working for U.S. companies in managerial positions will agree to work abroad for their employer for at least one year and this opens up the EB1C path.
    • princevegeta89 2y ago
      It will likely never be mitigated. There is no economical reason why USCIS has to expedite moving that queue. There is an overwhelming influx of labor and immigrants from the same country in question that even a mass exodus, even if that were to ever happen, will mean nothing.
• abhinuvpitale 2y ago
  How does EB-2 NIW essentially work? Is it tied to a specific employer or can it be used to justify H1b renewal/transfer beyond the 6 year limit at a different workplace with the different role ?
  • proberts 2y ago
    There are two types of EB2 green card paths, one (the PERM-based EBs) is tied to a specific employer and a specific job) and the other (NIW or national interest waiver) is not.
• volkopat2 2y ago
  Say if a worker on H1B expires all 3 attempts to obtain an H1B and is forced to return to his home country. If the company he/she is working for has a partner company in the home country, can the US company continue to apply for the H1B to bring him back? Are there better options to exercise than this?
  • ponty_rick 2y ago
    There is no cap on number of attempts. I think the 3 attempts you are referring to is the 3 year OPT after you graduate with a degree, companies usually try to sponsor during those three years while you're employed with them.
    • proberts 2y ago
      Correct. Thanks.
• Hutrio 2y ago
  [dead]
• rmnwski 2y ago
  What are considered best practices for a German/EU citizen to start a startup in the US? What would be the process to found a company and to move to the US to work for your own company be like? Or would it be better to found it Germany and move it to the US at a later point (after PMF for example)?
  • proberts 2y ago
    There are multiple options to working for your own company in the U.S. The most common paths are the O-1, the L-1, and the E-2 and E-1 visa. Creating a company in Germany first might open up a path to an L-1 visa but that's the only relative advantage to opening a company in Germany first. The E-1 and the E-2 require that the U.S. company be at last 50% German owned and that there be a substantial investment of German money into the U.S. company or substantial trade between the U.S. and Germany via the U.S. company. The O-1 is based your own personal achievements. If you can have German invested into the U.S. company (whether from you or others or both), which generally means at last $100k, then the E-2 is a very good and easy option and relative to the O-1, allows spouses to work.
    • wg0 2y ago
      Does this mean that if a German citizen registers a company in US and owns 100% of it and also invests $100k into it, he can get an E-2?
      • proberts 2y ago
        There are other requirements, such as evidence of not only the investment but the expenditure of the funds by the U.S. company on business expenses and a good business plan, but these are not onerous requirements. The challenge sometimes is the expenditure of the funds because a substantial amount needs to have been spent before applying for the E-2 visa and sometimes it can be hard to spend that money.
  • deleted 2y ago
    [deleted]
• ValentineC 2y ago
  I'm not sure if this is appropriate for this thread, but: I'm a Singaporean, and we have access to the H-1B1 visa. If asked whether I need a visa in a US job application, would it be fine to say "no"? How should I explain my situation, given that most people might assume that hiring non-US candidates would require participation in the H-1B lottery?
  • einpoklum 2y ago
    Not Peter Roberts nor a lawyer, but: Why don't you just say "I'm Singaporean, so I'm not sure I would need to apply", and give a link to some article which describes the special visa eligibility for Singaporeans? Also note that H-1B1 is just one kind of visa, and there are many others - for which you likely would need to apply.
    • proberts 2y ago
      It's not fine to say No because even though you might qualify for the H-1B1 visa, this requires employer sponsorship; the H-1B1 visa is to work for a specific employer.
    • deleted 2y ago
      [deleted]
  • swyx 2y ago
    hey fellow singaporean - you may enjoy my h1b1 guide https://www.swyx.io/h1b1 https://www.swyx.io/h1b1 most impt thing to note is that while you do still need a visa sponsor, it is a LOT easier and cheaper for you and yes ive had a job where i paid for my own visa lawyer, and only needed simple docs from the company (which was ~10 people at the time if that helps). didnt turn out to be a GREAT job ofc but thats separate. dont ask me how to get a job in the us from singapore tho. if ur applying thru the "front door" as u seem to be doing, yes its harder. lots more back door options but you'll have to network well to do it (i recommend https://swyx.io/LIP https://swyx.io/LIP)
  • hervature 2y ago
    This is my (not Peter's) advice for Canadians/Mexicans for TN, Australians for E-3, and seems to apply for Singaporeans/Chileans for H-1B1: If it is an automated system, just put no. That may be an automatic filter. There will be time to talk to a human and say "all we need is X/Y/Z" where X/Y/Z is something the hiring manager can do without involving a lawyer. If a human is asking you, then just say "Yes. I need a visa but I can walk you through the process. No lawyer needed."
• mdawwg 2y ago
  Good morning, I am a dual US / Canada citizen and currently living & working in the US. I am looking into moving to Canada, and was wondering what kind of issues I could run into if I wanted to continue working for the US company while living in Canada. I am working for a small sized start-up, and I am pretty certain they have no experience in this kind of thing, so I wanted some more info before breaking the ice. Thank you
  • proberts 2y ago
    This is a payroll/tax issue. Many employers in these situations use an Employer of Record, such as Deel, to employ U.S. citizens living and working abroad but you also could be employed directly as a W-2 employee.
    • infinite8s 2y ago
      Working as a W2 employee from Canada would likely cause tax and filing headaches with the Canadian Revenue Agency (CRA), although the salary differential between US/Canada might make this worth it (you just have to be careful). You may also have cashflow issues come tax-time as you will have a large tax Canadian tax burden at the end of the year since your employer would have only withheld/remitted to the IRS, so you would need to file a US return to get back all the income tax that was withheld by your employer. Disclaimer - not a lawyer but also went through this process, in the end my employer decided to switch me to a contractor.
      • mdawwg 2y ago
        appreciate you sharing, thank you
    • mdawwg 2y ago
      thanks for the insights!
• robbiematthews 2y ago
  Hi Peter, nice to meet you. I am currently on STEM OPT with expiration being July 2026. What is the best backup path if I don't get the H-1B lottery in the next two years, O-1A or EB-2 or other? Priority date is 1.5 years for EB-2 so would it be advisable to have the company I work for to sponsor this? Thank you!
  • proberts 2y ago
    There's no downside to having your company kick off the green card process now; the process could move fast enough to allow you to stay past July 2026 (although this isn't likely). The standard options are the O-1 (which should be evaluated soon because you have time to build up your O-1 profile now if you need to) and full-time F-1 CPT through a graduate program.
• jjmarr 2y ago
  Is it possible, as a Canadian with an engineering degree, to work 3 days in-office from the USA and 2 days remotely from Canada? Ideally, it'd be nice to have a US salary and live mostly in Canada.
  • proberts 2y ago
    100%. This would be permissible on any work visa, whether TN, O-1. H-1B, E-2, or E-1.
  • Izikiel43 2y ago
    The other concern would be tax wise, how do you deal with the CRA regarding the US salary and what not.
    • jjmarr 2y ago
      Even if it's double taxed, the salary differential would make it worth it.
• eeefiil 2y ago
  Can an Iranian citizen register a Delaware corporation and operate in the US?
  • proberts 2y ago
    From abroad? From an immigration perspective, there are no issues but other export controls/commerce laws might come into play.
    • eeefiil 2y ago
      Iranian citizen already in the US with a valid H1-B visa. I have seen articles mentioning that Iranian citizens are not allowed to open a corporation in the US. Is this true? And is it possible to change status of H1-B to O-1 after registering the business. Thanks. https://www.delawareinc.com/before-forming-your-company/delaware-company-formations-for-non-residents/#:~:text=You%20do%20not%20have%20to%20live%20in%2C%20or%20even%20visit%2C%20the%20State%20of%20Delaware%20in%20order%20to%20form%20a%20Delaware%20company.%20Other%20than%20residents%20of%20restricted%20countries%20(Cuba%2C%20Iran%2C%C2%A0North%20Korea%2C%20Syria%20and%20Russia)%2C%20anyone%20can%20start%C2%A0a%20Delaware%20company%C2%A0as%20a%20non%2Dresident https://www.delawareinc.com/before-forming-your-company/dela...
      • michelsedgh 2y ago
        Hey, would you mind telling me more about your experience and how was the process like for you? I would really appreciate it. You can also send me a message @ michelsedgh@gmail.com
  • proberts 2y ago
    That's a corporate law question but I'm not aware of any law prohibiting Iranian citizens from establishing a company in the U.S. and yes, once the company is established (and certain minimal/easy company-related requirements are met), the company can sponsor the founder for an O-1 visa.
• deleted 2y ago
  [deleted]
• mrcptthrowaway 2y ago
  A small word of warning: I'm speaking with brutal honesty, extreme language is used (unfortunately I have to, it's the truth). Throwaway for obvious reasons. I tweaked the parameters a bit, it's representative of my case but not my actual case. I'm going for a CR-1 visa. I married the love of my life a month ago. We knew each other for a year when we married. I thought it'd be fine but I gave it some more thought and I'm a bit worried. My worries: * I had suicidal ideation and did visits to a psychiatry center once per week for a month until I was fine enough according to them. I have never physically hurted myself. I never planned it. My issue was that I felt a strong urge to plan it, and I didn't want to cave in which I didn't thanks to the psychiatry center. In retrospect, I realized I was in a really toxic relationship, once that was gone there was no suicidal ideation left. * I do have an autism diagnosis that I got a few months ago at the age of 36. * My employment history is checkered. My last employment was almost 2 years and then the tech layoffs hit, so outside of my control (second round of layoffs too). Good things: * My education is top notch with high marks, I even published a paper * No criminal record * 50000$ in the bank * Coming from Sweden * My wife has a stable job for 4 years, no criminal record, university educated, etc. (I don't think there are any issues there) Will the suicidal ideation episode, autism diagnosis and checkered employment history be an issue for the CR-1 visa when I get my medical?
  • proberts 2y ago
    Of course you should consult with an attorney before applying but I don't see any issue with any of these impacting your ability to get a green card
    • mrcptthrowaway 2y ago
      Thanks for your reply :)
• Izikiel43 2y ago
  Do you foresee any improvements in PERM processing times as well as the whole process?
  • proberts 2y ago
    Unfortunately, no. Historically, the only thing that has fixed PERM backlogs is a bad economy or a major change in immigration law.
• farceSpherule 2y ago
  Hey Peter! Stop helping people come to the US. We don't need the outside help. We have tens of thousands of unemployed tech workers in this country who need work. Cisco has been in a stead state of layoffs for years, recently laying off 4,000. Amazon and Meta are laying off.
  • zerr 2y ago
    Actually, you need to be advocating for immigration: * More founders so they can employ you. * More engineers onsite so they are in the same boat/market as you, i.e. need similar or more income. Otherwise, they will "steal" your job from their bedrooms from cheaper locations, because they are able to bill less from there.
• pain_perdu 2y ago
  Hello. I don't have any questions but just wanted to share that I found Peter through one of these threads 9 years ago and his work and advice has been incredibly helpful in ensuring my continued ability to live and work in America through a variety of situations. I highly recommend using his services and listening to his sage advice.
  • proberts 2y ago
    That's very kind of you. Thank you.
• deadeye 2y ago
  Serious question... If it's true people are crossing our borders, claiming asylum, and being let go with work permits, why should anyone do wait to do it the legal way and wait or get denied? What is the advantage to doing it the normal way?
  • fooker 2y ago
    If you can cheat without consequences, what is the advantage of not cheating.
    • proberts 2y ago
      The solution of course is to fix the asylum process so that applications get reviewed faster not to restrict asylum (that's my view at last) but until that happens, for those who get work authorization based on an asylum application, this is just a temporary fix because at some point, their application will be reviewed and if not valid denied.
      • BrandonMarc 2y ago
        Sounds like the asylum process is an alternative stream, and the entire border has become a "port of entry." When asylum is the low-friction way to enter the country and acquire a legal status, economics suggests fewer people will use the traditional immigration process.
  • alephnerd 2y ago
    Crossing illegally is an option of last resort. If you have the ability to immigrate on a visa, it's much safer and easier than relying on "coyotes" or having to cross multiple borders illegally just to take a shot at entering the US. There's a reason you don't see Mexicans cross the border illegally anymore.
  • waveBidder 2y ago
    not getting ICE knocking on your door and deporting you after living here for decades (happened to a friend's brother in law).
• arromatic 2y ago
  How do ycombinator signs deal with startup that were accepted but the founder is in another country ? Do they ask to visit us or there are other options.
  • proberts 2y ago
    That's a question directed to YC.
• tired-turtle 2y ago
  Hi Peter. I know a little about H1B1 visas and the process of getting one, having worked with many colleagues who are in the US on one, but I don’t fully understand the pros/cons of the H1B1 program from the perspective of the average American. As one presidential candidate will likely direct his ire at the program if he wins, can you explain why such a program is compelling or vital for our tech industry? My H1B1 colleagues seem happy to be in the US (and have indicated such) but nonetheless appear exploited. My naive economic analysis is that the visa program depresses wages to the benefit of corporations, but I’m sure the situation is far more nuanced. (I’d like something to offer my conservative friends/family who increasingly think all immigration should be verboten.)
  • robertlagrant 2y ago
    > (I’d like something to offer my conservative friends/family who increasingly think all immigration should be verboten.) Not proberts, but observing left wing media in the States over the last 8-10 years I've seen a carpet bombing of the same concept: eliding the difference between immigration and illegal immigration. If you want to talk to your conservative friends and family I'd start by checking whether or not it's illegal immigration they're against. Even the Democrats seem to be noticing that people don't like open border policies and are scrambling to adjust campaign promises in light of this.
    • greenthrow 2y ago
      Oh yes it's just illegal immigrants that Republicans hate. That's why they spread lies about refugees and other legal immigrants, right?
      • robertlagrant 2y ago
        The context was getting on with friends and family. I understand you might not able to think in these terms when it comes to the hated enemy, but if you think of all people as people, even Republicans, then you might notice that they don't all think the same things. Or even that they don't hate illegal immigrants, but think that laws are a good idea and criminals should be punished, not rewarded. This is just understanding both sides 101, in case you do break out of this mindset.
• fertrevino 2y ago
  Me and my cofounder are non-US residents and live in Germany. If we get into YC, what would a typical / recommended way to proceed be? We haven’t established a company in Germany yet, we want to be strategic and make what’s best to succeed. From what I know we can do the batch with our current tourist visa, so I’d like to know more about the post batch options. Being US based or Germany based is an option for us. Thanks in advance
  • withzombies 2y ago
    You should still create a US C-Corp, ideally in Delaware.
    • rmnwski 2y ago
      Why should you do so? What’s the advantage or would you say it’s even necessary?
  • Abfrage 2y ago
    There was a blogpost from someone from germany who got accepted. I looked it up for you: https://web.archive.org/web/20220604131034/https://richventures.com/posts/how-i-would-start-my-next-startup-in-germany-without-a-gmbh https://web.archive.org/web/20220604131034/https://richventu... There is also a post on hackernews about it: https://news.ycombinator.com/item?id=31601638 https://news.ycombinator.com/item?id=31601638 And there is a Ask HN that could be helpful: https://news.ycombinator.com/item?id=31620700 https://news.ycombinator.com/item?id=31620700
  • Joel_Mckay 2y ago
    Could follow this group of EU business people forming a US entity this year: https://www.youtube.com/watch?v=shWe5dNqUrc https://www.youtube.com/watch?v=shWe5dNqUrc Also, attend a few free AMCHAM webinars to get the details on foreign ownership rules. Depending on how large your project becomes, some people may just use a brokerage service to localize the Merchant on Record (MoR) like withreach.com for online retailers. However, only US domestic corporations can mitigate liability on sold goods/services etc. Keep aware of the IRS grace thresholds on sales, as even if you owe $0 in federal and state taxes... it can still become a $8k fine for forgetting to file a return in the US. Best of luck, =3
• an0n123456 2y ago
  Hello, being a founder (recently got H1B)of an early stage startup is there any consequences of not paying yourself the prevailing wage, especially since you also own the company so won't report it to anyone.
  • proberts 2y ago
    Possibly. It could impact your ability to get a green card and could be viewed as fraud if there was no real intent to get paid the wage indicated on the H-1B petition. These issues typically rear their heads during the green card application process and the visa application process.
• proberts 2y ago
  I'll be stepping out for about an hour now and then returning for another few hours. Thank you so far for the great questions and comments!
• notanadvice 2y ago
  Hi Peter, I’m an employee at big tech in an L1 VISA in the US. I’d like to know what happens if I get laid-off. Will I have a chance of finding another job. How much time will I have before leaving the country? I’ve heard I can get a green card via significant US investment. How much does that requires? Can I stay in the US while the process is ongoing?
  • proberts 2y ago
    Regarding your first question, you would get a 60-day grace period following the end of your employment (limited, however, by your I-94 expiration date). During this 60-day period, you could remain in the U.S. and apply to change your status to another visa classification before the end of the 60-day period, such as to another work visa (if one is available) or a visitor visa. Regarding your second question, you are referring to an EB5 green card. That is too convoluted to explain here. If you are interested, you should consult with someone who specializes in EB5 green cards.
  • giobox 2y ago
    Back when I was working on an L1, I continually lobbied my employer to apply for an H1B for me to give me more options in the event of losing a job, or even just the ability to change employer at all really. This is one of the most significant downsides of the L1 visa IMO, the options are comparatively limited/difficult if you do lose your job. Its biggest plus over the H1 is of course no lottery though, which is why employers that can use the L1 like it etc. As I understand it, your employer can apply for the H1B lottery every year for you while still on the L1. Some companies will do this, eventually I did get the H1B I wanted back then. My colleagues on L1 all did the same thing too.
• pastalav1st4 2y ago
  Hello Peter and thanks for the AMA! I was accepted into a postdoc program and have an H1-B that was approved by the USCIS with no issues, but it was put in administrative processing by the embassy. It's been in administrative processing for almost a year with zero follow up communication, and the council of my employer doesn't know or is unwilling how to get an update on this process. Is there anything that can be done to move it along? P.S. : I’m an EU Citizen
  • proberts 2y ago
    This is your visa application so you don't need to wait on the school or its counsel to act. You can ask the Congressional representative in the area where you will live in the U.S. to make an inquiry with the Consulate. This is done all the time although it often doesn't make a difference, unfortunately. Where were you born, where have you traveled, and what's the focus of your post-doc?
• philip1209 2y ago
  Historically, startups have hired foreign "employees" as contractors to simplify paperwork. How are "false freelancer" laws, e.g. in Spain, affecting the market? Do you generally advise American early-stage startups startups to hire foreigners as contractors, or to immediately use a PEO?
  • proberts 2y ago
    We don't get involved in that. We get involved when a company has identified a foreign national whom it would like to employ in the U.S., whether the foreign national is inside the U.S. or outside, and try to develop an immigration solution. But if the foreign national is outside, we let U.S. employers know that the foreign national can be employed by the U.S. company without a U.S. work visa whether as an employee or contractor if the foreign national works while outside the U.S. By necessity, this is what many employers do because there's no U.S. work visa option available.
• apeescape 2y ago
  Hey Peter, I have two questions: 1. How bad is the H1B situation now? I've read there are companies that flood the system with duplicate requests, which decrease the probability for the others. 2. Is it possible to get a visa and work permit for a partner without being married to them?
  • proberts 2y ago
    1. The lottery system has changed and it's much harder now for companies to submit duplicate registrations. 2. I'm not sure what you mean.
• vadlamak 2y ago
  Peter - I am currently living in US and I am on H1b.I have plans to start a company with my partner who currently has a green card. Assuming i hold a minority stake, and have an employment contract Can i transfer my h1b? Can the company also sponsor my green card in the future?
  • proberts 2y ago
    Likely yes but consult with an immigration attorney familiar with startups to file this because there are right and wrong ways to file such petitions.
• jonpurdy 2y ago
  Hi Peter, thanks for all the AMAs you've done in the past. From the perspective of a recent Green Card recipient not yet living in USA, is it possible/advisable to convert to a Commuter Green Card, work remotely (and paid as US-based employee with US contract, US mailing address, and US benefits), and commute to the US to work in person for a week or two every few months? (Or does this stretch the definition of commuting outside of scope?)
• louwhopley 2y ago
  If you have the option to consider both, which visa would be the more seamless (and faster) path to green card? L1A or O1? (Coming from South Africa, running SaaS company with holding co in DE)
• snackjack_38294 2y ago
  Hi Peter, thanks for doing this. One question I have is regarding skilled immigration from India and China specifically. Currently, people have to wait decades through no fault of their own. Big Tech companies, Chamber of Commerce, and many Republicans also support this. However, a Democratic Senator, Dick Durbin has disingenuously blocked meaningful progress and reforms over and over and over again. He blocked the Fairness for High-Skilled Immigrants Act of 2019 which had passed House with 365 votes and was sponsored by current Vice President Kamala Harris. He added on a poison pill that would not have gotten support knowing fully well that the Fairness for High-Skilled Immigrants Act would have passed. Similarly, Rep. Zoe Lofgren wrote to Speaker Pelosi expressing great dismay that her legislation (different bill, 2 years ago) which would have provided reforms was pulled from the floor and that it was important to force a vote. It is certainly known that Republicans have blocked immigration reform (Grassley on CHIPs, etc) but Democrats have had multiple opportunities to remove the per-country visa cap and repeatedly refuse to do so in varying dishonest manners. Why is Democratic leadership so against skilled immigrants coming from India and China? The closest we have come so far was under a Republican administration. Many populist Republicans support these reforms so it is perplexing to me that a party so committed to removing barriers that enforce systemic discrimination continue to let things play out as they are. https://rollcall.com/2022/12/15/democrat-pushes-to-reverse-decision-to-pull-immigration-bill/ https://rollcall.com/2022/12/15/democrat-pushes-to-reverse-d...
  • otterley 2y ago
    You can't expect an attorney in private practice to have an authoritative answer to this question. (And, it frankly appears this account is owned or operated by a state actor.)
• z1g1 2y ago
  I run a coffee meetup in Buffalo, NY. Around graduation season we get a lot of international students who come and are looking for jobs but are worried about visa issues. What are the resources about what their actual situation is, and how I can help connect them to smaller companies who might not know how to sponsor students?
  • proberts 2y ago
    I'd recommend inviting a local immigration attorney to speak to the group and/or be available to answer questions because there's no one great resource.
    • z1g1 2y ago
      Thank you
  • y-curious 2y ago
    Alum here, most of the international students I knew got a job on campus to get their paperwork done and then you can use it elsewhere.
• sirregex1 2y ago
  My wife's I-485 was denied because of an overlooked J1 residency requirement. She has to spend 9 more months in her home country for the residency, and we're looking into waivers. We would prefer not to leave because my current employment requires me to be in the US. Her no objection waiver was denied and now we're trying an exceptional hardship waiver. What are alternatives? Is this a good route to take?
  • junar 2y ago
    The hardship waiver is likely going to be specific to the facts of your situation, so you may benefit from hiring your own immigration lawyer. If your waiver is denied, there's of course the alternative of your spouse going back to her home country by herself.
  • proberts 2y ago
    The waiver is the only alternative to satisfying the 2-year home residence requirement but hardship waivers are tough. Do you have an attorney? I could recommend attorneys who focus on such waivers.
• ax0ar 2y ago
  My U.S. citizen father applied for a green card for me as his over-18-year-old child, and the process was moving forward. However, during the sponsorship documents submission phase, I got married and updated the marital status question accordingly. After that, the process was stopped. What happens now, and what can be done?
  • junar 2y ago
    While you were unmarried, you were either an immediate relative if under age 21, or family preference F1 if 21 or older. Because you married, you are now in the family preference F3 category, which has a much larger backlog and a much longer wait. You should have considered the immigration consequences before you got married. The only thing that can change your situation is if your marriage ends in death or divorce. Otherwise you must wait. 9 FAM 502.2-3(D) > a. (U) Immediate Relative Converts to Third Preference: If the child of a U.S. citizen is the beneficiary of an IR petition, the petition automatically converts to a third preference petition if the child marries. The priority date of the third preference petition is the filing date of the immediate relative petition. > b. (U) First Preference Converts to Third Preference: If the unmarried son or daughter of a U.S. citizen marries before the visa is issued, the beneficiary's first preference petition automatically converts to a family third preference petition. Any child(ren) of the beneficiary would then be entitled to derivative third preference status. The priority date remains the same. > e. (U) Third Preference Converts to First Preference: (1) (U) A third preference petition approved for a married son or daughter of a U.S. citizen who has since become widowed or divorced automatically converts to accord first preference status (or IR status if the beneficiary is under the age of 21). If the petition converts to first preference, the accompanying or following-to-join child(ren) may be granted derivative first preference status. The priority date remains the same. https://fam.state.gov/fam/09FAM/09FAM050202.html https://fam.state.gov/fam/09FAM/09FAM050202.html
    • proberts 2y ago
      All correct. Thanks!
    • casenmgreen 2y ago
• Nykon 2y ago
  I'm a software developer with leading experience in a successful healthcare startup. Do you have any advice on which platforms to use, I applied for a couple of jobs but wasn't successful so far
  • proberts 2y ago
    Sorry, which platforms to use for what?
• o1rfepeter 2y ago
  Hi Peter, thank you for doing this. I'm a YC Founder, Ex-FAANG who applied for an O1 visa but got a "kitchen sink" RFE (i.e disputing all of my claimed* O1 qualifications). Is withdrawing and re-applying my O1 petition a good idea? Are there any known downsides to doing this? Thanks again! Disputed qualifications include: 1. YC funding is not an "internationally recognized award" 2. YC membership is not "an association that requires outstanding achievement from its members" 3. Beneficiary's role (CTO) doesn't prove their critical role to the organisation. 4. Previous high renumeration is not evidence of high salary in the field as a whole. Nor is equity in YC company.
  • bubblethink 2y ago
    Not a laywer. Withdrawing and reapplying after changing the app, or responding to the RFE are both valid options. The only thing that is not useful is appealing a rejection. The appeals rarely work and are a waste of money and time. There was also an executive order about O1 which was supposed to lead to rulemaking that would make O1 and EB1 easier for AI (https://www.whitehouse.gov/briefing-room/presidential-actions/2023/10/30/executive-order-on-the-safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence/ https://www.whitehouse.gov/briefing-room/presidential-action...). I don't know if anything came of this, but look into whether any rulemaking is happening and apply after a final rule is published, assuming you are doing AI. (Everyone is doing AI, btw).
    • proberts 2y ago
      Agreed. The motion/appeals process takes a long time so it's just not a realistic option for most people. Whether to withdraw and reapply or respond to the RFE will depend on your qualifications (apart from your acceptance into and participation in YC); we've taken both approaches when we've received a kitchen-sink RFE and obtained approvals doing both. The recent guidance focuses on the EB1A but an be applied to the O-1 and has expanded arguments that we can make.
• CactusBlue 2y ago
  I'm an Australian citizen running a bootstrapped startup (and would prefer to stay bootstrapped, but would raise if there was no other way of immigrating). What is the best way to immigrate to the US? I have a computer science degree from an Australian university.
  • pnw 2y ago
    E3 is absolutely the best way for Australians in my experience. It's more flexible than a H1B and the process is much simpler. The only downside is there is no simple path to a green card like H1B, but I managed to get one anyway. You'd need a US entity to apply on your behalf. In my case they never asked about assets to pay the salary but that may be an issue. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-3-specialty-occupation-workers-from-australia https://www.uscis.gov/working-in-the-united-states/temporary...
    • proberts 2y ago
      All correct. The E-3 visa is the easiest, fastest, and cheapest U.S. visa. But it does require a sponsoring employer. The only downside relative to the H-1B is that an E-3 visa is not a dual intent visa like the H-1B so this needs to be managed if and when the E-3 visa holder is in the green card process.
      • CactusBlue 2y ago
        Can I self-sponsor an E-3, if I'm the founder of the company, with no other shareholders?
        • ashconnor 2y ago
          No it's like TN in that regard.
          • proberts 2y ago
            It's possible to get an E-3 as a founder but it needs to be done carefully because self-employment is not allowed.
• philip1209 2y ago
  It's AMA, so here's something under the category of "anything" . . . How has AI affected your work as a lawyer, if at all? Do you expect it to change your work or how you bill?
  • proberts 2y ago
    Although we have a lot of AI clients, I've been slow to take advantage of AI but it's starting to transform our practice, helping with the drafting of letters of recommendation and our overall argument. So we're able to prepare applications much faster.
• skobes 2y ago
  Can you recommend any good books or journals about US immigration law?
  • proberts 2y ago
    Email me. There are but I have to give that some thought.
• doubleorseven 2y ago
  Hello Peter, I married an american woman and me and my wife are not leaving in the states. We are in the process ofp registering the kids since we are preparing a plan B. We didn't got married in my country, but in Thailand. I was told that in order to get a spouse Visa, I need to start the process in Thailand. Is this true? Do i need to apply for everything in Thailand just because this is where we got married? Thank you
  • junar 2y ago
    I think you will get a better answer if you clarify your situation. * Are your kids US citizens? * In what country you do currently live? > I was told that in order to get a spouse Visa, I need to start the process in Thailand. Is this true? Do i need to apply for everything in Thailand just because this is where we got married? Thank you This is generally incorrect. For a spouse of a US citizen living abroad, you "start" by filing I-130 and then by completing the NVC paperwork, which can be done either online or through mail. The final stages are generally handled by the overseas consulate where the intending immigrant resides. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html https://travel.state.gov/content/travel/en/us-visas/immigrat... However, you may need documents from Thailand, such as your marriage certificate with English translation and police records for the immigrant. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Thailand.html https://travel.state.gov/content/travel/en/us-visas/Visa-Rec...
    • proberts 2y ago
      Correct. The location of the Consulate interview, the final step, is either country of residence or country of citizenship; it doesn't matter where the marriage occurred.
    • doubleorseven 2y ago
      Thank you. I live in Israel. My kids are in the process of becoming US citizens.
• christina97 2y ago
  I’m an Australian PhD student graduating into the US job market. I’m considering an EB-2 NIW. How does that work with the E-3 visa? What’s a good resource or law firm with experience in this kind of arrangement to refer to?
  • bubblethink 2y ago
    Not a lawyer. Visas and green card applications are orthogonal. Do your EB2-NIW however you like - either yourself or with the help of a law firm. It has no bearing on anything else. You'll get the green card when your number is up (somewhere in the next 5 years).
  • junar 2y ago
    You may find this passage from USCIS relevant, particularly the last sentence. > E-3 Specialty Occupation Workers may be admitted initially for a period not to exceed the validity period of the accompanying E-3 labor attestation (i.e., for a maximum of two years), and extensions of stay may be granted indefinitely in increments not to exceed the validity period of the accompanying E-3 labor attestation (i.e., for increments of up to two years each). As there is no limit on the total length of stay for an E-3 alien in the legislation, there is no specified number of extensions a qualify ing E-3 Specialty Occupation Worker may be granted. Under the current E regulation, 8 CFR 214.2(e)(5) , an alien classified under section 101(a)(15)(E) as an E-3 nonimmigrant shall maintain an intention to depart the United States upon the expiration of termination of E status. An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition. https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm34-external.pdf https://www.uscis.gov/sites/default/files/document/policy-ma...
  • proberts 2y ago
    We represent a lot of Australians and it's definitely possible to manage applying for a green card while in E-3 status and even renewing the E-3 visa during the green card process.
• mindwork 2y ago
  Hi Peter, Few months ago I've applied for F2A visa for my spouse from Russia. Official sources state processing times in California at 4 years plus. I am 2 years away from obtaining a citizenship in US by which I then can do K1. Would you advice to convert F2A to K1 visa in the future? How do I do that? Is there a way to speed up the process at all?
  • proberts 2y ago
    The conversion is from an F2A to an immediate relative green card application. This will be the fastest path. You would want to notify the U.S. Consulate in Russia when you become a U.S. citizen. The K-1 is for fiances of U.S. citizens, not spouses of U.S. citizens. Has the I-130 already been approved?
    • mindwork 2y ago
      I-130 has not been approved yet. Only 3 months passed since we applied.
  • junar 2y ago
    As Peter says, K1 is not a option for you because you're married. F2A will convert to immediate relative (either CR1 or IR1) once you become a US citizen. CR1/IR1 is generally superior from the perspective of the immigrant spouse. However, CR1/IR1 does not allow derivatives, unlike F2A. If you have any children or stepchildren that don't have US citizenship or a green card, you will need to file a separate I-130 for them if you become a US citizen.
• throwawaymaroon 2y ago
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• ujikoluk 2y ago
  Hi I wonder how valuable patents are for EB/O visas? I have worked 10+ in a global tech company, through which I am named on about 20 US patents. I don't have external visibility except for through those patents. How are patents judged when it comes to these visas? Are they enough to prove what needs to be proven?
  • proberts 2y ago
    Patents are just the starting point of the analysis because patents in and of themselves don't say anything about impact or significance so the next step is to try to understand the impact/significance of the patents through usage and citations, for example.
• aced123 2y ago
  Hi Peter, I finished my masters degree and I'm from Germany and might like to work in the US. Which Visa would be beat in thia case and any tips to work with US companies to make it happen? Much appreciated
  • proberts 2y ago
    Short of getting a green card, your ability to work in the U.S. will depend on getting a work visa which is based on a job offer from a U.S. employer. For those not from a country with its own visa, the options are the H-1B visa (but this is subject to an annual lottery so not anything that can be relied on), the O-1 visa for people of extraordinary ability (a high standard and a visa that most large companies won't bet on unless the candidate clearly qualifies for an O-1), the E-2 (this would be for German owned companies or subsidiaries in the U.S.), or L-1 (which requires one year of employment outside the U.S. with a related entity - think one year of employment with IBM Berlin and then a quick and easy transfer to IBM U.S.). Of all these, the L-1 is probably the easiest if the global company is large and is willing to transfer employees to the U.S. - and you're willing to work abroad for at least one year.
• bjornnn 2y ago
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  • fsndz 2y ago
    wow, who hurt you ?
    • OrigamiPastrami 2y ago
      It seems pretty obvious the H-1B system hurt him.
      • fsndz 2y ago
        If it's the H1B, why attack another person so viciously instead of attacking the system? By the way, it's the same story for immigrants almost everywhere. (African immigrant in Europe here—it's even tougher: companies literally expect you to be so grateful they gave you a job, as if you're not helping them generate profit and they did some kind of charity.) Conveniently, it's easier if you move from the U.S./EU to South America, Africa, or parts of Asia—remnants of colonialism, I guess. The problem is the idea of the nation-state with borders and all. As long as we think being born in one part of the world gives you more rights than someone who just moved from somewhere else, we'll continue to have this bureaucratic nonsense that (and I'm almost certain of it) has a negative impact on economic growth. But I don't think that will change in the next 100–200 years, so let's deal with the unfair cards we have and move on with our lives. finding ways to move on despite the administrative hurdles is the only pragmatic path forward. and Peter Roberts is trying to help with that ??
        • bjornnn 2y ago
          Was it really a vicious attack? He wanted to come here and tell me about his law firm and what he does and asks me what I think about it, so I gave him exactly what he asked for. And I'm not an immigrant, I was born in the US and have lived here my entire life and H-1B has no effect on me personally at all. But I do work for a living and I have enough common sense to understand that one group of workers being exploited is the same as all workers being exploited. The problem is not nation states or borders - people were being enslaved and exploited and abused by powerful autocrats long before there were ever any nations or borders, it's just human nature. The purpose of "the system" is to protect human society from its own destructive self-serving irrational urges, and this system is not some outside force that we can point the finger at, we are the system and everything we say and do and think and believe determines what kind of system it is. I could argue that I am attacking the system, by not biting my tongue when confronted by the landed gentry, rather than playing along with my culture's indoctrinated tendency to roll out the red carpet and start kissing ass whenever a successful millionaire enters the room.
• diptera911 2y ago
  If I fill out a W-7 as a non-American to get an ITIN - Is that then enough to open a credit card with say Navy Federal prior to even getting an address in the USA? I'd like to have all my ducks in a row prior to even arriving if possible. Grandfather fought in Vietnam.
  • proberts 2y ago
    I believe so but that's not really an immigration question but a banking question. I would recommend calling a couple of banks.
• Abrecht 2y ago
  I have a Greencard and would become eligible to apply for citizenship this month. I wonder what the opinions are here on the pros and cons of that. Generally, regarding most practical aspects of daily life, being permanent resident seems pretty much equivalent to that of an US citizen. Pros: - can vote - can get security clearance, potentially more income - even long periods abroad do not bear the risk of loosing privilege - can do jury duty Cons: - need to do jury duty - need to declare income to IRS regardless of residency - potentially be taxed by IRS Any other cons I'm not aware of? I heard that getting rid of the US citizenship (e.g. for tax reasons) will make it hard to get a visa ever again.
  • sieabahlpark 2y ago
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  • colmmacc 2y ago
    I became a US citizen because I wanted to be able to vote and be a full participant of my community, and it's easier to be in the same line as my wife and child at the airport. But even though I am not a criminal, it was also on my mind that if I were ever falsely convicted in some travesty of justice, I could also be deported, which would make it even worse.
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    • Abrecht 2y ago
      Good point. That's why I listed voting and jury duty, I was summoned to serve on a jury multiple times, and I always feel weirdly excluded when I have to explain that I'm not eligible. I know it can be a burden though.. At the airport, citizens and legal residents always share a line, in my experience. We tried to maintain Global Entry for the whole family for a while, but as the entry process got streamlined for citizens and GC holders over the years, the advantages of that vanished.
  • tehlike 2y ago
    As long as you keep your greencard, you still need to declare your income worldwide. Depending on your home country, having US passport opens up a lot of other possibilities for travel too.
• hnbalsamicw 2y ago
  With the shrink in hiring for engineering roles how do you think that will effect h1bs ?
  • proberts 2y ago
    It's possible that getting selected in the H-1B lottery will be easier.
• Bobaso 2y ago
  Hi, I'm European, working in Europe My wife has a J1 visa To apply for a J2 visa, I need be present and stay in USA for all the duration of the application? no way to come back to Europe in the meantime? How long would the processing take?
  • proberts 2y ago
    The best solution is just to apply for a J-2 visa at a U.S. Consulate rather than applying for J-2 change of status in the U.S. and then once you reenter the U.S. on your J-2 visa you can apply for a work card and travel while your work card application is pending without impacting this application.
    • Bobaso 2y ago
      thanks!
• ivankirigin 2y ago
  Are there promising AI startups that can help with immigration?
  • proberts 2y ago
    Lots! It's becoming a very competitive space and many really add value.
• ivankirigin 2y ago
  Why aren’t there tech startup immigration sanctuary cities? We have local authorities not working with the feds for referring criminals to ICE. Could you have the same for software engineers?
• danielktdoranie 2y ago
  Employers should have to prove they were not able to find a U.S. citizen who can do the job before they're allowed to hire someone that needs a work permit. Employers purposefully seek out non-U.S. citizens as they know they're happy to work for a lot less, especially if gets them into the U.S. This whole system encourages economic migrants, puts U.S. citizens out of work. As far as In am concerned you're actively working against your fellow Americans helping foreigners abuse and exploit our immigration laws.
  • casenmgreen 2y ago
    > Employers should have to prove they were not able to find a U.S. citizen who can do the job before they're allowed to hire someone that needs a work permit. Why? It's their money and their business. What business do you or I have in forcing upon them what they can do? any more than they would have any business forcing themselves upon us?
    • realityfactchex 2y ago
      > Why? AFAICT, the parent answered that with "This whole system...puts U.S. citizens out of work." (Whether that's actually true or not, I'm not entirely certain, but the argument could definitely be made, and, in all likelihood, convincingly.) > What business do you or I have in forcing upon them what they can do? any more than they would have any business forcing themselves upon us? Presumably, it's people's business because the US is basically a nation governed by the people who see it as their responsibility to help ensure their basic values (peace, prosperity, life, freedom, justice, pursuit of happiness, etc.). So, when there's regulation that affects the people, it actually is their business.
      • casenmgreen 2y ago
        > "This whole system...puts U.S. citizens out of work." (Whether that's actually true or not, I'm not entirely certain, but the argument could definitely be made, and, in all likelihood, convincingly.) If bringing people from outside the USA into the USA puts people out of work, doesn't having children also put people out of work?
• lordswork 2y ago
  What are your predictions on how H1B visa holders will be impacted if Trump wins the election?
  • proberts 2y ago
    I think it will be much harder to get an H-1B petition approved, at least initially like last go-round, and there could be high salary requirements, which almost went into effect last time.
• maskerinze 2y ago
  If a Russian citizen seeks to travel to the U.S. these days to create jobs / invest in his own company, what visa type should one pursue to maximize chances of getting approved?
  • proberts 2y ago
    It's really tough for Russians to get visas to the U.S. now regardless of the visa. There's no investor visa for Russians so the O-1 is probably the best option but as I noted in another thread, visa applications by Russians typically get denied or end up in a black hole.
• proberts 2y ago
  I'm signing off now. I see that there are a number of unanswered questions. I will get to them tomorrow and over the weekend. Thank you everyone. Great questions and comments. I learned a lot.
• w10-1 2y ago
  If the upcoming change in administration gave you 1 or 2 chances to tweak the policy or process, what would you recommend? Conversely, what are the main pain points now that are likely to be intractable? (If policy is outside the scope of AMA, sorry and please ignore...) Thanks!
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• kira_08 2y ago
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• kira_08 2y ago
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• pajdziu 2y ago
  Hi! Thanks for doing this. How long do you think I should keep my visa-related documents? I used to have an L-1 visa with a bunch of lengthy petitions, but now I have a green card and the visa has expired.
  • proberts 2y ago
    Any obligation to retain those documents is your employer's and now that you have a green card, there's really no practical reason to keep them; if and when you apply for naturalization, you will provide about your employment and residence since becoming a green card holder.
• az226 2y ago
  How common is it that people come to SF and work illegally on their startup and then raise money?
  • proberts 2y ago
    There's a lot that a visitor can do vis-a-vis his or her startup without crossing the unauthorized employment line. The major black line is cash compensation but there are others.
• elintknower 2y ago
  Euros should stay in Europe. Move to SF if you want the tendies.
• hargup 2y ago
  Peter was extremely helpful in my successful O1A petition, highly recommend working with him.
  • proberts 2y ago
    Thanks for the kind words.
• avamsi 2y ago
  Hi Peter, do I currently need to be employed by a company for them to sponsor my L-1 (provided I worked for them outside the US for "one continuous year within the three years immediately preceding")?
  • proberts 2y ago
    You don't currently need to be employed by the company abroad; you just need to have been employed with the company for one year out of the past three, as you note.
• jnsaff2 2y ago
  Is it true that there has been an uptick in unreasonable and poorly written RFE's? We got one that has a ton of inconsistencies and sometimes contradicts itself and moreover completely redefines some of the requirements. What would be the best strategy to counter these?
  • proberts 2y ago
    It's really impossible to say because it's all anecdotal but the options - particularly if the petition was filed with premium processing - are to point out the errors, inconsistencies, etc. in an email to a premium processing supervisor and ask that the RFE be reissued (or the petition approved) or simply to respond to the RFE and in the RFE point out the errors, inconsistencies, etc. and note how this makes it difficult/impossible to respond to the RFE and that if USCIS is inclined to deny the petition, it should issue a better, clearer second RFE first.
• throwa291 2y ago
  I'm a founder in the EU and would like to incorporate in the US. I've recently found out about the International Entrepreneur Rule, is that a viable option if I raise $350k from US investors? What are the possible challenges and how much time does processing take?
  • proberts 2y ago
    On paper, it's a great option; the issue has been that it's been taking USCIS a very, very long period of time to respond and it requires the qualified U.S. investors to provide detailed and intrusive information and documents about their investments, which many investors don't want to provide. USCIS is aware of the first issue and is actively trying to review applications much faster but the jury is still out.
• Bukhmanizer 2y ago
  I am applying for PERM through my employer, and have gone through PWD process and yesterday I submitted my PERM application under EB3. I also recently married a US citizen about a month ago. They estimate that it will take about 1 year to review my PERM application, so my question is would it be better to get a green card through marriage? I'm currently on H1B coming from Canada.
  • proberts 2y ago
    There's no question that it will be faster to apply for a green card (via an I-485 application with USCIS) based on marriage.
• iluvcommunism 2y ago
  I remember watching the company I worked for in California lay off Americans and replace them with Indians. For all the talk about “prevailing wage” and “shortage of talent,” I just remember seeing it with my own eyes. One guy worked there till he was in his 60’s, built the company’s entire software, yet was kicked to the curb.
  • briandear 2y ago
    I worked for Best Buy. Entire teams fired but first had to train the Indian Accenture replacements. Entirely their right to fire us but don’t you dare say there is a “talent shortage.” There is definitely a talent shortage — of talent willing to work for $20/hour. In the jobs I’m seeing now, what used to be $65/hour jobs are now $48/hour. I remember making $90/hour a few years ago — now similar levels one would be very lucky to find $50/hour for a similar role. I know H1Bs working at $40/hour for jobs their American counterparts are making $75/hour. They can’t move to higher paying roles at other companies because of the visa. Also the termed “highly skilled” is an absolute joke. I can teach a person off the street to be “highly skilled” in a few weeks, based on the standard of what “highly skilled” means in H1B. H1B needs to be highly reformed. It’s the tech equivalent of hiring construction workers from the Home Depot parking lot and paying under the table wages. I am not generally a fan of tariffs, but I suggest a 100% tariff on H1B wages paid by the hiring company. And that tariff would be a sliding scale — the more H1Bs you hire, the higher the tariff. If you need that foreign engineer so badly, paying $100/hour shouldn’t be a hardship. That would incentivize hiring the American/permanent resident at $80/hour. We’d find that “shortage” going away pretty quickly. Drive up the costs of Accenture/Infosys/etc., to make them unattractive. The only reason those companies exist is to provide cheap labor to companies like Best Buy, etc. The money collected from that tariff can be used to fund tax breaks for companies that don’t hire H1Bs. H1B isn’t about highly skilled labor. It’s about “highly” skilled cheap labor.
    • beretguy 2y ago
      I'm bookmarking this. Thank you.
    • oneplane 2y ago
• gorbypark 2y ago
  Theoretical situation: I'm Canadian, I don't have a degree at all. If I found a startup that is incorporated in the US, but I'm still in Canada and most employees are outside of the US (although not exclusively), is there a "level of success" at which I might be considered for some sort of residency visa in the US? Suppose I wanted to, for example, open a physical office in the US for the already formed startup.
  • slashdev 2y ago
    As someone in the same theoretical position, I'm curious as well. How much of the answer is the same as for Germany? https://news.ycombinator.com/item?id=41871953 https://news.ycombinator.com/item?id=41871953 Anything different because it's Canada?
• inquisitor27552 2y ago
  do you have a site that compiles your faqs pls
• crazyalientim 2y ago
  As green card holder, I crossed border in Detroit, MI over to Canadian side, just to do a 1 hour tour for fun, but coming back, the custom wasn't as quick, they asked me a bunch of questions like why I crossed the border an hour ago, who Detroit as I currently live in New Jersey, it seemed that there was some discrepancies (I could be wrong) that two officers had to look at the computer to finally let me go as the bus driver (they have special border crossing buses) was waiting for me, along with 10+ other U.S. citizens on the same bus. I didn't want to cause any delay or trouble so I didn't inquire much. But I do wonder, what was the hold up? They did try to ask me how many times I've been to Canada and when was the last time I crossed to Canada. They seemed very interested in the dates I did all that, not sure why. I thought why they couldn't just look at their video camera that I actually just crossed an hour ago. Thanks!
  • calderwoodra 2y ago
    Don't take it personally, those guys are hard asses with citizens too. Did something similar in Montana, we just wanted to cross, take a picture and cross back - 5 minute trip. Got very similar treatment.
  • relistan 2y ago
    Just a guess, but they were possibly trying to figure out if your were couriering something over the border due to the short turnaround and you not living nearby. If you lived in Detroit, or stayed longer in CA, I suspect it would have gone differently.
  • proberts 2y ago
    That's just a tough land-crossing, generally to be avoided if possible, and probably says nothing about your particular situation.
• calderwoodra 2y ago
  At what stage should US-based startups start considering hiring folks needing help with immigration?
  • beretguy 2y ago
    Why not hire local residents?
    • calderwoodra 2y ago
      Because it's hard, and I'm curious at which stage does the difficulty of hiring local talent outweigh the difficulty of dealing with immigration
      • beretguy 2y ago
        Hard? I know people around me struggling to find work. Ghost jobs are all over the place, local USA residents are struggling to find jobs. There are local residents ready to hired everywhere.
        • calderwoodra 2y ago
          I appreciate your perspective, thanks for sharing. Mine is that great engineers are extremely hard to find, given there are many more jobs available to them than there are folks searching right now. For nearly every other role, the opposite is true, and hiring local talent is very possible.
  • deleted 2y ago
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  • proberts 2y ago
    There's really no waiting period. Startups generally can sponsor foreign nationals without issue. Certain minor and very easy company-related requirements need to be in place but that's it.
• fergard26 2y ago
  Hey there, I am Canadian/Italian and looking for remote roles in the US. I have a PhD and years of expereince in the tech sector. Is TN my best option orr W-2? Do I need a lawyer? Given that I am looking at Seed/Series A startups, what's the best way to structure conversations with hiring teams that do not have too much expereince hiring from abroad?
• ondrsh 2y ago
  Hello, What options are available for an EU national who wants to start a U.S.-based company and relocate there but doesn’t have the capital required for an E-2 visa? Let’s assume they start a U.S. company while staying in the EU, and the company is generating significant revenue. From what I understand, the E-2 visa requires the investment to come from the entrepreneur’s personal funds. While they could pay out dividends and reinvest them to meet this requirement, this feels like an odd hack (it might also take much longer depending on when the financial year ends). Is there a more straightforward way for EU citizens to move to the U.S., given they have a successful U.S.-based startup? How is this done in practice?
  • preflight 2y ago
    IANAL: The correct approach here would be an O-1 Visa. Assuming your 'significant revenue' has also garnered you some level of public attention. You also likely need some form of public recognition (awards, press etc).
  • proberts 2y ago
    The E-2 requires that the money be from a company or individual of the same nationality as the E-2 applicant; it also can come from the E-2 applicant himself or herself. Revenue generated by the U.S. company doesn't count unless the revenue then were given in the form of profits or dividends to the E-2 applicant and reinvested into the U.S. company. The other option is the E-1 treaty trader visa, which doesn't require any minimum investment but instead requires the existence of substantial trade between the U.S. and the E-2 applicant's country of nationality so this is usually an option for more mature companies. So, the O-1 is probably the better option because it's possible to get an O-1 as a founder (of your own company) and there's no minimum investment or business activity requirement.
    • ondrsh 2y ago
      Thanks so much for taking your time.
• ksoped 2y ago
  Hi Peter, what are my options as someone who qualifies for DACA (but doesn't have it) when it comes to working in tech or getting hired by a real company? Currently I do "false freelance" work for a small company that doesn't pay well.
  • proberts 2y ago
    I'm not sure I understand the question. You can get DACA work authorization without a job offer and then one you have it, you don't need sponsorship by a company to work.
• dmmartins 2y ago
  Hello, I'm currently in the US with an H-1B and the company is sponsoring my greencard (the PERM application was recently filed). If I need to leave the US for one year, do I need to do anything? The PERM process should be done by then. One option would be terminate my employment and continue as a contractor. Can/should I do that? Thank you!
• timnetworks 2y ago
  I have nothing to contribute and am late. However, every time I see YC AMA I read YMCA.
  • proberts 2y ago
    That is very funny.
• PaulKilpatrick 2y ago
  Thank you so much Peter. I'm eligible for naturalization after 5 years on a greencard. However, amidst the craziness of startup life I missed attending a court hearing for an improper left turn... for quite some time, 1.5 years now and counting. I'm just now sorting it out; the financial/license points penalties are not huge as it was a civil case. However I do at the moment have a suspended license and may even have a bench warrant. All of this will get sorted out: I am only concerned about whether this could impact my chances of a favorable naturalization decision. I have no other legal problems or history. If you could opine on this; and perhaps more generally for other's with similar concerns, I would be tremendously grateful.
  • proberts 2y ago
    It's super unlikely that this would impact your chances of getting naturalized (that is, I doubt any officer would conclude that you lack good moral character because of this). But you shouldn't apply until it's all sorted out.
• bihan 2y ago
  i'm leaving a comment here because i think peter roberts is the OG. there's so many immigration attorney's now all around SF. but i remember peter being there from back in like 2016 when i was looking for attorney's. although i didn't go with him (peter thank you for doing this, and taking a call with me back in the day)
• midhunsezhi 2y ago
  I was in the USA on H1-B for 3.5 years and moved to India in 2019. My employer recently applied for my H1B, but it got rejected stating that I'm subject to the fiscal year cap (“lottery”). The company lawyers have turned the case around and re-filed it because I've had H1b in the past and didn't use my full quota of 6 years and should be cap-exempt now. Have you seen this happen before? Does USCIS typically correct itself when it makes a mistake in a reasonable time? (fwiw, my case is filed as premium) Thanks in advance!