23 ms·

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

• muddi900 2y ago
  How much do you expect to fight the government in the next 4 years?
  • 13_9_7_7_5_18 2y ago
    [dead]
  • proberts 2y ago
    We had a window into the administration 8 years ago and as a result we changed the way that we assessed and prepared cases to preempt fights and we continued with this approach during the Biden administration and will continue under the new administration until the fights start up again. I think that the most immediate significant changes in the area of legal immigration will be the imposition of international travel bans. We'll probably learn a lot in a few hours when the administration starts to roll out its Executive Orders.
    • peterldowns 2y ago
      What kind of travel bans are you expecting?
      • proberts 2y ago
        The Supreme Court during Trump's last time in office upheld versions of the travel ban that covered the nationals of certain countries (Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen). It is expected that most if not all of these countries will be included in a new travel ban. It's unclear what other countries will be included but China and India could be added.
• maxnevermind 2y ago
  What is an approximate cost of all fees and expenditures given the premium processing in Bay Area for a company which wants to hire H1B from another one?
• ReaLNero 2y ago
  What's your outlook on work green-card timelines for the next 2 years, esp. given the recent change in administration?
  • proberts 2y ago
    There's not much that an administration can do to impact the delays because they primarily are the result of statutory backlogs and demand. So, unless there is a significant change in the law or a significant drop in demand, these delays are likely to persist.
• fertrevino 2y ago
  I heard russian citizens were having troubles getting any kind of U.S. visa due to the political situation in the world. Does this situation still persists? Asking for a friend who still hasn't heard back for his tourist visa.
  • proberts 2y ago
    Yes, it still persists and can result in visa processing delays of more than one year.
  • for1nner 2y ago
    [flagged]
    • deleted 2y ago
      [deleted]
    • 13_9_7_7_5_18 2y ago
      [dead]
    • DiggyJohnson 2y ago
      No we don’t. They were presumably trying to avoid any sort of discussion of that type. What would you have preferred they say?
    • dang 2y ago
      Crossing into personal attack will get you banned here, and taking threads into offtopic flamewar is not cool either. If you wouldn't mind reviewing https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html and taking the intended spirit of the site more to heart, we'd be grateful.
• kubb 2y ago
  As an EU citizen, what are my chances of being able to get a visa if hired by an American company?
  • DiggyJohnson 2y ago
    What industry, size of company, and role(s) are you targeting?
    • kubb 2y ago
      I’m a senior SWE in big tech. Targeting big to mid tech and financial companies or startups. I’m weighing my options in case of layoffs and whatnot.
      • proberts 2y ago
        Schedule a consultation with me or another immigration attorney to go over your options (because a detailed analysis is required) but likely your only real option will be the O-1 and as senior SWE at big tech, you should be able to qualify for an O-1 or take steps to qualify for an O-1.
        • deleted 2y ago
          [deleted]
  • proberts 2y ago
    If you are currently employed abroad by a related company, then the L-1 visa might be an option. If you are not, then - assuming that you are not from a country with its own visa, such as Australia, Canada, Chile, Mexico, and Singapore - the potential options are the E-1/E-2, H-1B, and O-1.
    • kubb 2y ago
      L-1 is primarily for intracompany transfers, right? O-1 would require demonstrating acclaim - not sure how that is done. E1/2 - the significant trade part isn’t that clear to me. Not sure who qualifies. H1B is a lottery. I can’t quite gauge my chances to be honest.
• kelh 2y ago
  How often do you see bootstrapped founders get an O-1? How much revenue do they typically have before applying?
  • proberts 2y ago
    All the time and there's no explicit revenue or funding requirement. In the O-1 context, the company-related requirements are minimal; it's much more about the applicant's/beneficiary's qualifications.
• kujin88 2y ago
  Hi Peter, thank you for doing this AMA. I am on H1B and I recently lost my job. I only have about 50 days left to get a new job but I have a spouse who is on his own H1B. I wanted to see and find out legal and smooth options to buy more time for myself to find a new job - If anything, it would be those options that do not need me to leave the country and get stamping, if at all. My country of citizenship is India, by the way. If you can help us out, it would be really great. Thank you.
  • proberts 2y ago
    The best and easiest option because your spouse is in H-1B status is to apply to change your status to dependent H-4 status using USCIS Form I-539. As long as this is filed during your grace period, you can remain in the U.S. while the application is pending/until it is approved.
    • safog 2y ago
      What happens if / when you eventually find a job? Can you file another change of status to a H1B? Does the status of the original change of status app matter? (e.g., can you apply for a COS to H1 while the COS to H4 is still pending?) Thank you!
      • proberts 2y ago
        Yes, a COS from H-4 to H-1B is an option. However, if the H-4 COS is still pending, you might not be able to get the H-1B petition approved as a change of status but all this means is that to "activate" the approved H-1B petition, you would need to leave the U.S. and reenter with your existing visa stamp (obtained through the previous company) or leave the U.S. and apply for an H-1B visa (if you don't have a valid H-1B visa stamp obtained through the previous company).
• TeeMassive 2y ago
  What is the typical route for Canadians to work in the US tech sector?
  • proberts 2y ago
    Canadian and Mexican citizens have their own visa classification, the TN, and so this is almost always the first option to look at because it is often very quick and easy (and relatively cheap) to get. Other work visa options for Canadians (and the citizens of most countries) are the E-2, L-1, and O-1.
    • a_square_peg 2y ago
      I understand there is updates being made to the space export control rules (https://www.space.commerce.gov/new-space-export-control-rules-offer-regulatory-relief/ https://www.space.commerce.gov/new-space-export-control-rule...) regarding space/satellite components that were previously classified as ITAR. I've been curious to know if this will enable Canadians to apply to some space/aerospace technology companies in the US that were restricted to US citizens only?
      • proberts 2y ago
        We've done a lot of work for satellite and space weather companies and the feeling I've gotten from my clients is that these changes will open up jobs at space/aerospace technology companies for foreign nationals but right now, it's too early to tell.
        • a_square_peg 2y ago
          Thanks for sharing!
• RobertRoberts 2y ago
  I have a friend who is a foreigner, and is in a master's CS degree program in the US. He's married to an American woman as of a few months ago. What is the reasonable amount of time it should take for him to be able to get a green card and work here in the US? And is there something he can do to help expedite any process(es) (maybe not a greencard?) so he can legally work and support himself and his new family?
  • proberts 2y ago
    Largely because of the Biden administration's policy of waiving the in-person interview requirement in marriage-based green card cases, the process has been very fast over the last 4 years, often taking less than 6 months from the time of filing until the approval of the green card application. If the new administration brings back the interview requirement, then I suspect that the processing time will go back to what it was before, which typically was at least 1 year. While a green card applicant is waiting for their green card application to be reviewed and approved, they will receive a temporary work card. The processing of work card applications is all over the place but has been better over the past 2 years and can take less than 3 months now (although it also can take much longer). There is a way to request expedited approval of a work card application but the standard is high. Instructions for requesting expedite review of an immigration application are available on the USCIS web site.
    • RobertRoberts 2y ago
      Thank you!
• 13_9_7_7_5_18 2y ago
  [dead]
• blindriver 2y ago
  How viable is the effort to overturn birthright citizenship?
  • proberts 2y ago
    It's in the Constitution (14th Amendment) I would say extremely unlikely.
    • willmadden 2y ago
      I wouldn't. The wording of the 14th Amendment is ambiguous and was arguably misinterpreted by the courts. "All persons born or naturalized in the United States, AND (capitalized for emphasis) subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." If they can get the SCOTUS to reconsider United States v. Wong Kim Ark from 1898 it could go either way - the court is conservative and public sentiment has shifted.
      • proberts 2y ago
        I still think it's extremely unlikely. In other immigration contexts, "subject to the jurisdiction thereof" has been interpreted to exclude only diplomats and those not subject to the laws of the U.S. even though they are in the U.S. So children born in the U.S. to diplomats aren't considered citizens at birth.
        • willmadden 2y ago
          The same is true for people born into war zones not fully under US control. I still wouldn't write this off. All it takes is a compelling argument for a new interpretation of "and subject to the jurisdiction thereof". It's pretty easy to make a compelling argument. The 14th Amendment was intended to address the citizenship status of freed slaves and their descendants post-Civil War. It was not meant to apply to the children of immigrants, particularly those who were not legally present or had not pledged allegiance to the U.S. A stricter interpretation of "subject to the jurisdiction." means it should require complete, exclusive allegiance to the U.S., which might not apply to children of undocumented immigrants due to their parents' legal status or nationality. You could also argue that the current interpretation dilutes national sovereignty by automatically bestowing citizenship without a clear reciprocal pledge of allegiance from the parents. The fact that children of diplomats do not automatically gain citizenship due to not being "subject to the jurisdiction" in the fullest sense could be expanded to include children of undocumented immigrants, arguing that these parents, too, are outside full U.S. jurisdiction. Finally, United States v. Wong Kim Ark was decided under different circumstances. The socio-political context has changed. This could be used to justify revisiting the original interpretation.
• FractalCheetah 2y ago
  What are potential challenges to getting an employment-sponsored EB2 visa, as an EU citizen with a Master's degree and more than 5 years of relevant work experience?
  • proberts 2y ago
    Sorry. This is a bit too vague. Can you focus your question/clarify your concerns?
• yuvalr1 2y ago
  Can you describe the changes that we are anticipated to see as a result of the change in the administration?
  • proberts 2y ago
    He's promised to make a lot of changes immediately, the majority concerning illegal immigration and border security. I'd recommend going to npr.org. There are good summaries there.
• Etheryte 2y ago
  A few questions regarding the EB-5 visa. Is this still a realistic path to a green card, and if so, how complicated is the process if you want to take the targeted economic area route through a regional center? Do the investments through a regional center usually persist, or in other words, how high is the risk of the underlying business going bankrupt based on real experiences? There's plenty of articles about all of this online of course, but would be interested in hearing any first hand experience you might have.
  • proberts 2y ago
    The EB-5 is still an option although the process largely depends on the regional center/entity that you are going through and requires that you do real due diligence like you would any major investment. The EB-5 is also an area that at various times has been shut down or delayed because of government concerns about fraud and criminal activity.
    • ruckfool 2y ago
      Hi, I looked at the regional centre-dependent EB5 process but pivoted to the EB5 direct investment route. I have now bootstrapped a single food truck, and we are looking forward to launch it next month. Can such kind of business setup qualify me for O1 instead ? At my day job, I am a software manager in FAANG.
      • Etheryte 2y ago
        O1 requires you have considerable outstanding achievements [0], such as widely recognized international rewards, being featured in major publications, scholarly articles, or etc. I don't see how a food truck would help you qualify for any of those. Demanding a high salary, which I assume you do at FAANG, would only tick one box, but to qualify you need to tick at least three. [0] https://en.wikipedia.org/wiki/O_visa#Requirements https://en.wikipedia.org/wiki/O_visa#Requirements
        • proberts 2y ago
• jppope 2y ago
  I've been really curious about the economics of US immigration for foreign workers in information work (software, data, etc). What are the primary drivers of someone wanting to immigrate to the US vs working remotely, and on the corporate side what is the incentive to sponsor immigration with great outsourcing available? Obv. Hardware or physical professions are NOT the same. Personally, I'm happy to move for work, but many people seem reluctant to leaving their family, friends, and life for a job. How much of a factor does signaling play into it in your opinion? How much of a factor do business conditions in the United States impact things?
• pigtailgirl 2y ago
  did a startup -- had wrong visa class -- angry employee called CBP -- got picked up passing through JFK -- 10 year ban -- is permission to reapply actually a thing or a dead-end process? -- thanks --
  • proberts 2y ago
    It is an option but it's complicated and not easy so consult an immigration attorney.
• tushgaurav 2y ago
  I am a Indian software developer and i currently work as in a YC Startup, how hard to find a job in a US? Should I try or its better to find Indian companies?
  • 13_9_7_7_5_18 2y ago
    [flagged]
  • proberts 2y ago
    The options are limited (H-1B, L-1, and O-1, typically) but oftentimes there's a solution; this will depend on your qualifications and the company's profile.
  • elintknower 2y ago
    Just apply for any job at Tesla lol
• babyent 2y ago
  My friend is on h1b. Can he join me as a co founder? He has done zero work/contribution so far because he is tied to his sponsor. I would like to have him as a co founder and would like any advice you can offer. Thanks!
  • proberts 2y ago
    It's possible but there are a lot of factors to consider/issues at play which are impossible to go through in this forum so you and he should consult an immigration attorney.
  • pcl 2y ago
    In 2011, we hired someone on an H1B at the startup where I worked. It was a straightforward process. The paperwork added a couple weeks to the process, and IIRC it cost $10k or so in legal fees, but for a great hire, it was definitely not a meaningful barrier. We were already incorporated as a C corp. I would imagine that some sort of incorporation will be pretty much a requirement. (IANAL)
    • proberts 2y ago
      Thanks. It's more complicated when the H-1B beneficiary is a founder/owner.
• Tteriffic 2y ago
  Most posted job positions in the US, that I see, explicitly state they will not sponser candidates. But how receptive are they to TN visa candidates and do you see that attitude changing in the near future?
  • deleted 2y ago
    [deleted]
  • proberts 2y ago
    That's mostly a knee-jerk ignorant position since it's oftentimes very easy, fast, and inexpensive to hire a Canadian in TN status. So it's a process of somehow getting through to someone at the company to educate them not to pass on a good candidate simply because they're Canadian. Which of course is a lot easier said than done.
    • xordon 2y ago
      Does this also apply to Mexican's wanting to get a TN as well, I've heard the process is slightly different?
      • proberts 2y ago
        It's a different process for Mexicans because they're not visa exempt like Canadians and so have to get a TN visa at a U.S. Consulate.
    • tinco 2y ago
      Would emigrating to Canada be a viable path for European citizens to eventually get a US work visa? If so, would it also be a path towards a green card?
  • midnightmonster 2y ago
    The law firm I work for (as lead software engineer) did the TN thing for a Canadian software engineer hire for my team last year. [I was not involved in the paperwork but] my understanding is we got an immigration lawyer to help us write everything the right way, since we had not done it before (and lawyers specialize), and it was not especially expensive and it all worked out quite quickly.
• fiduciarytemp 2y ago
  I received notice of a successful i140 application (for eb1a) in September 2022 and have been waiting for the past 2.5 years for the dates to become current. The dates haven't moved past Feb 22 for the past 6 months or so. Any speculation on how these dates may move under the new administration?
  • proberts 2y ago
    That's a complete unknown, unfortunately, but to be clear, short of changing the green card law, there's little that an administration can do to impact the movement of the cutoff dates.
  • yangikan 2y ago
    If the current administration reduces the issuance of family based greencards (which happens mostly through the consulates), those unused greencards will flow through the EB category, allowing EB1 dates to move forward. Something like this happened during Covid.
• javier123454321 2y ago
  I have an idea for a startup in which the current company that I am a full-time employee for could be a potential customer. It would be a tool to facilitate some of the workflow that we've had an issue with, but nothing related to the industry in which we operate. We didn't really sign a non-compete or an NDA, but I am very curious if there is some kind of basic guideline for potential conflict of interest in a situation like this. Besides the immediately obvious things like never work on it with company equipment or during work hours.
  • proberts 2y ago
    It's good that you have flagged this potential issue but I can't advise since that's outside my area; you should consult an employment lawyer.
• _jules 2y ago
  hi Peter, thanks for doing this. My parents were rejected twice for B1/B2 visa (under section 214b I think) - both times before I was a LPR (I had valid visa). Recently the country of citizenship was announced to be joining VWP - as one of the question is "have you even been refused US visa", is it a lost battle for them?
  • proberts 2y ago
    No, it's not a lost battle. Unfortunately, their ESTA applications likely will be rejected outright because of their past B-1/B-2 visa application denials. But it's still possible that they could get B-1/B-2 visas. They should apply again but given their previous denials, they should consult an immigration attorney.
    • _jules 2y ago
      Just to make sure I understand the recommendation: US based immigration attorney for a tourist visa? (I don't want to sponsor them and they have no intention of moving here - they just want to visit and see us & the kids).
      • mportela 2y ago
        I would assume so, since a foreign attorney wouldn't be able to help with US immigration law.
• golergka 2y ago
  I'm working on my O1 visa and I'm nervous about my portfolio. I'm a developer with plenty of experience, but never spoke at conferences, blogged, or was public. I hires lawyers for the paperwork, but the publicist they recommended me started doing “articles” that just scream fake. I decided to get my own, real stuff instead. What things are the best from POV of effort/benefit? Open source projects, talks, podcasts, blogging, posts on community sites like devs? Trying to build my own dev-centric twitter, YouTube, something else? I know how to build stuff, but I know very little about all of this stuff.
  • proberts 2y ago
    Podcasts, blogs, posts matter little and talks are only marginally helpful. The lowest hanging criteria are essential roles for distinguished organization, high compensation, press, and judging (either serving as a reviewer for an academic journal or conference or serving as a judge at a competition or event, such as a hackathon or startup/business competition). By the way, your gut is right; USCIS is sensitive to fake/manufactured press and this can undermine an otherwise strong petition.
    • golergka 2y ago
      Thank you! What kind of press would I go for? And how would an engineer typically get to the judging roles like these?
      • proberts 2y ago
        While the publication doesn't have to be a country's or industry's largest, it shouldn't be too small and for the press to count, it must be about you and your work or quote you. Regarding your second question, I don't know the answer unfortunately although I do know that there are a lot of such events.
• legitster 2y ago
  Some family friends are part of a diaspora seeking asylum from Russia. Their hearing dates all fall inside 2026. Part of their asylum plea is admission to activities that Russia criminalized during the invasion of Ukraine - draft dodging, dissemination information about the invasion, and sending aid money to their relatives in Ukrainian. If they were deported back to Russia, their asylum plea would ostensibly be used as an admission of guilt. With the change in administrations, there is a lot of consternation in the community that their hearing will go badly or be cancelled altogether. Is there any indication what will happen with these cases yet?
  • proberts 2y ago
    I've heard about those concerns but there's really no clear indication yet how asylum applicants from Russia will be treated by the new administration.
    • SamLL 2y ago
      NPR reports that President Trump seeks to "end asylum entirely", according to officials within the administration - https://www.npr.org/2025/01/20/g-s1-43650/trump-inauguration-day-one-immigration https://www.npr.org/2025/01/20/g-s1-43650/trump-inauguration...
  • jtdev 2y ago
    [dead]
• aaraujo002 2y ago
  I am filing an EB1-A petition with a law firm. The law firm says that based on their recent experience, EB1-A cases that have requested Premium Processing (PP) have a lower approval rate and a higher RFE rate. While the statistic may be true, is there a causation between PP and RFE/denial or is it just that cases created in a rush with PP might simply get more RFE or denial? Thanks
  • proberts 2y ago
    With all due respect, the firm's data is 100% anecdotal and I would say meaningless. There's no reliable data on this question since there's no control studies (and can't be) on the relative merits of filing EB1As with or without premium processing. We file 99% of our EB1As with premium processing because most of our clients don't want to wait 6 months to hear back from USCIS.
• cabronerp 2y ago
  Hi Peter, thanks for doing this! We have a co-founder who is from the UK. We are a Delaware company. Is there an easy way for 1/ paying him and 2/ taking SEIS investment from UK investors? Sorry if I'm misunderstanding what an immigration attorney knows about
  • proberts 2y ago
    No worries. These aren't really immigration companies but I know from experience that founders/employees living abroad can get paid directly by U.S. companies (this is a payroll issue, not an immigration one) or through third-party entities, oftentimes referred to as Employers of Records (or EORs), like Deel or Remote.
• tvcx 2y ago
  I’m a citizen of an EU country that meets the Visa Waiver criteria. I’m working for a startup based in the USA. I’m one of the earliest employees, hence a great asset to the company. I’m considering emigrating sometime in the future but I’m unsure what needs to happen to enable it. Is a company-sponsored visa the only option? How inclined are startup founders to sponsor work visas? I’m convinced this is not attainable now, we’ve got a product to build, I’m only speculating for “when we make it”. Separately, how are startup employees treated when it comes to trying to convert the work visa to a green card? The definitions for EB-1, EB-2 are very interpretable. Thank you!
  • proberts 2y ago
    In my experience, because of the competition for talent, startups often are more open to employing foreign nationals than many large, established companies. The terms EB-1, EB-2, etc. refer to green card categories and the green card process takes a while so that's probably not the initial path toward working in the U.S. The likely visa options will be the L-1 (as a transferee) or an O-1 and oftentimes founding engineers or early stage employees qualify for the O-1 or can take steps to qualify. Both the L-1 and O-1 require company sponsorship.
    • tvcx 2y ago
      Understood, thank you!
• synack 2y ago
  Any advice for online forum operators regarding the UK Online Safety Act taking effect in March?
  • proberts 2y ago
    Sorry. My expertise is limited to U.S. immigration law.
• a2code 2y ago
  Will YC and startups be more or less agreeable on remote work? Will the new administration cause changes to remote work?
  • proberts 2y ago
    I can't comment on YC and startups and while the administration likely will make changes to the H-1B law and process, I don't see major changes in how remote work is viewed and treated.
• antithesis-nl 2y ago
  Yeah, so, any chance you could do a monthly-or-so post that explains, in legal terms (of course!) why referring to an entire, diverse bunch of people as "H1Bs" (which, as you know, is just a visa class and pretty much, as you also know, the only path to legally entering the US as an immigrant without family ties or, well, the future-Head-Guy-or-one-of-his-cronies fancying you) is, like, a crime against humanity? Because that has always been a trope amongst HN commenters (a large subset of which is supposed to be future HN founders), and it bothers me. A lot.
  • proberts 2y ago
    I don't agree with that view/trope since my clients (granted, a limited dataset) are hiring H-1B workers because they believe that they are the best candidates.
    • scarface_74 2y ago
      I am not as anti H1B as the original poster and have no animosity toward my H1B visa coworkers. But let’s be real. There are thousands of unemployed citizens that could do the work just as well especially when you consider how many work for WITCH companies.
    • keybored 2y ago
      What “best” means could be unpacked. - Just best for the job - Best retention since the visa is tied to the employer - Best price, i.e. lower wage All of that amounts to “best” without outright lying. The bell curve (people tend to narrowly focus on IQ when it comes to “best for the job”) should look the same everywhere. So it seems a bit roundabout to look all over the world when you have a “culture fit” in your own backyard. So it does seem to just come back to mutually beneficial exploitation of the employee. But the clients never have to talk about it in such plain terms.
  • trevorhinesley 2y ago
    It sounds like that term (“H1Bs”) is simply shorthand for foreign citizens that are potential candidates for U.S. work via an H1B visa. Why is that bothersome?
• _iafj 2y ago
  What’s your perspective on when the EB-3 and EB-2 rest-of-world priority dates will move into 2024, considering they haven't changed much since April 2023?
  • proberts 2y ago
    Unfortunately, I just don't know and usually when I guess (because it's just a guess like everyone else), I'm wrong.
• throwaway19983 2y ago
  [dead]
• FightingFrog 2y ago
  Hello, thank you for hosting this! I'm applying for green card based on marriage. I've prepared i130, i485, i130a, i864, i131, i601, i765, i693. Is there any form/documents I'm missing? Is there any very crucial marriage, financial, or legal status proof that tends to be overlooked by applicants? Thank you!
  • proberts 2y ago
    Unfortunately, I can't provide that advice since I'm not representing you and your wife and don't "own" the case and know all the facts. All I can say generally is that it's important to provide financial documents (such as tax returns and W-2s/1099s), evidence of the bona fides of the marriage, and evidence of past and present immigration status.
    • GummyCharger 2y ago
      Thank you a lot. Were Trump to sign new executive orders regarding immigration today, would that affect the current instructions on USCIS website immediately?
      • proberts 2y ago
        That depends on the wording of the EO but they could take effect immediately.
• elephant81 2y ago
  Thanks Peter. With an American wife, and an Australian Passport, what would you recommend as the best path to move to the US?
  • proberts 2y ago
    An E-3 requires a job offer but with a job offer, the E-3 is much faster, easier, and cheaper than a marriage-based green card application. After you are here, if you decide that you'd like to make your permanent home here, you can apply for a green card even if you are in E-3 status. That just shouldn't be your intent now when applying for an E-3 visa.
    • hcmgr 2y ago
      Hi Peter, I am in a similar position, however am looking to do my masters in the US first. Would the path be: F-1 during masters, get a job offer, apply for E-3, then apply for GC? Also, roughly how long after being granted E-3 would it take to get the GC? Cheers!
• _xerces_ 2y ago
  Do you feel the H1B system denies jobs to Americans or suppresses wages for those with jobs?
  • deleted 2y ago
    [deleted]
  • chronic7300690 2y ago
    > Do you feel the H1B system denies jobs to Americans or suppresses wages for those with jobs? Yes. If you have a problem with that, move to Europe. The US is known for making money. Not for taking care of its citizens.
    • cscurmudgeon 2y ago
      So zero data give by you to support your view that H1B lowers wages (as usual, because data shatters the fake narrative H1B lowers wages). So according to you 1. H1B lowers wages, 2. America is known for making money 3. Yet more professionals from Europe want to move to the US than the other way around (as seen in this thread) Don't you see how 2 and 3 contradict 1? Also, despite H1B why are developer salaries higher in the US than in Europe? https://4dayweek.io/salary/software-engineering-europe-vs-united-states https://4dayweek.io/salary/software-engineering-europe-vs-un... Are European companies exploiting their workers?
      • chronic7300690 2y ago
        > Don't you see how 2 and 3 contradict 1? Nope. Because even with the lower H1B wage, it is still 3x higher than Europe. Europeans know this. Americans know this. And you know this. > Are European companies exploiting their workers? Nope. It just turns out, ambitious Europeans don’t give a shit about work life balance. Hence the desire to move to US.
        • cscurmudgeon 2y ago
          How does Ukraine's work-life balance look like now and before the war? The story of the ant and grasshopper has been taught for ages.
• cafed00d 2y ago
  I’m on an H1B visa since 2017. I extended in 2021 and again in 2023 (thanks to approved I-140). But my visa stamp in my passport is from 2017 which expired in 2020. I haven’t made efforts to get another stamp mainly because of the pandemic in 2020 and long appointment backlogs thereafter. Is there a necessity to always keep a valid visa stamp in my passport? Apart from the ease of travel are there any other reasons to always keep a current visa stamp in my passport? I do have all valid I-797 documents of status and have kept my status current all the time.
  • proberts 2y ago
    There's no requirement to maintain a valid H-1B visa but under certain circumstances having a valid H-1B visa stamp can make it easier to change H-1B employers.
• theyinwhy 2y ago
  Hi Peter, a European (Hungary) colleague of us visited Iran once and does not receive any Visa (tourist,...) because of that. He does not even receive answers to his renewed applications. Is there anything he can do?
  • proberts 2y ago
    It's very difficult to get past this issue. We have Iranian citizen clients and non-Iranian citizen clients who have visited Iran whose visitor and work visa applications have been pending for more than a year. One option is for your colleague to ask his federal representative to reach out to the Consulate. This is done all the time but to be clear, it usually doesn't help but there's really nothing else to do. In the non-tourist visa application context, some people file mandamus actions, which oftentimes help but I think such an action would just accelerate the denial of the visitor visa application.
    • theyinwhy 2y ago
      Thank you very much for your time Peter!
    • alekis21 2y ago
      [dead]
• initialg 2y ago
  I am on H1b visa now. I filed my PERM one month ago. According to some people, it takes 1 year and a half to get my PERM approved and it takes another month to get my I-140 approved. But I want to jump ships soon. If I leave my current company, I will have to start everything over again (Prevailing Wage Determination, Labor Market Test, PERM). I feel I'm stuck in this company. What are the things I could do?
  • proberts 2y ago
    Not much, unfortunately, other than by applying for a green card on your own, one that's not tied to a specific employer, such as a national interest waiver (or NIW) green card application or an extraordinary ability (or EB1A) green card application. Because there's no way around losing the PERM if you leave now.
• smiley0687 2y ago
  Thank you for doing this. I don’t know if this is part of your expertise. I am planning of incorporating the holding of my start up in Delaware, the startup is located in Dubai (I am a resident there, German origin, my co-founder US passport holder). As we are planning on targeting US investors we decided to have the holding in Delaware. Now the question is, what are the potential tax implications for a company from the outside incorporating a holding in Delaware. (1) Is the operational business taxable in the US? Is there a threshold? Or would it only play a role once we would potentially sell the company? The feedback we are receiving is not very straightforward. (2) I am aware that my confounder obviously needs to report to the IRS, but would him holding an Us passport also have an impact on the company or this is completely separate?
  • proberts 2y ago
    Unfortunately, these very important tax questions/considerations are outside my area of expertise.
• justinpombrio 2y ago
  Any idea how the executive orders will effect trans people renewing their passports? A trans friend already changed the gender marker on his passport, and it's expiring in two years. He's deciding whether to renew it ASAP or wait. Any guess how likely it is to come back with the wrong gender marker, or get stuck in a bureaucratic mess? Thank you so much for doing these! No worries if this question is outside your wheelhouse.
  • proberts 2y ago
    It's not really within my area since this question concerns the rights of citizens but this is something I've been concerned about because we have a lot of LGBTQ clients who are eligible for or in the process of applying for citizenship. I suspect that there will be clarity about this soon and I suspect that it won't be favorable to trans people.
  • 13_9_7_7_5_18 2y ago
    [dead]
• amoshebb 2y ago
  Two Canadian cofounders want to start a company in the USA, is O-1 the only option? Is TN a possibility?
  • winter_blue 2y ago
    Recent amendments to work visa rules published in the federal register (and that took effect on January 17, 2025) enables being a founder of a company while on an H-1B, and perhaps might similarly allow that for a TN, but Peter Roberts or another expert would likely know best about it.
    • proberts 2y ago
      Thanks. The law never has explicitly prohibited founders from qualifying for H-1B or TN status but there have been challenges and the changes mentioned above will make it easier for founders to qualify for H-1B status and I think make it easier for founders to qualify for TN status. In fact, we recently had a founder obtain a TN through CBP and her status as a founder was front and center in her application.
• hannibal529 2y ago
  Do you foresee Canadians applying for TN/H1-Bs facing more obstacles in the new administration?
  • proberts 2y ago
    Definitely not H-1Bs (at least no different from non-Canadians). The TN could be impacted, however. My biggest fear is that the administration will limit TN renewals to filings with USCIS (and not allow renewals with CBP) like it did years ago to Canadian L-1 renewals. That change was a negative game-changer for Canadians in L-1 status. I am also concerned that the administration will simply make it tougher for Canadians to qualify for TN status.
  • 77pt77 2y ago
    Apparently all they need to do is wait for annexation.
• lterrac 2y ago
  Hello, I am a computer science research engineer with 2 years of experience in a non-U.S. big tech company research center in Europe. Before that, I worked as a research fellow at the university after I got my master degree. During that time I published 4 papers, and I was a reviewer for a CS journal (even though I actually reviewed only 1 paper). I actually have 60-70 citations of my works (if it might be relevant in any way). What are my chances to get an O-1 visa? Thanks in advance for your time
  • proberts 2y ago
    Very high.
• adrianpluis 2y ago
  Any tips or suggestions for a DACA recipient with a year left in Uni for Computer Science, here in the states? I am nervous about my career post-school and am wondering if you could shed some insight as to what my options might be. Thank you for your time.
  • proberts 2y ago
    We represent a lot of DACA recipients and the options of moving to another status are very fact-specific, depending on their status at the time of entry, their qualifications, their country of citizenship, etc. A year isn't a lot of time as we all know so I would recommend scheduling a consultation with an immigration attorney soon.
    • adrianpluis 2y ago
      Understood thank you for your help.
• nand_gate 2y ago
  Thanks for doing this, Peter. What is a good route for an English national looking to move their profitable software business to the US? E-2? Would this be a path to long-term tax residency in America?
  • proberts 2y ago
    The E-2 visa is usually a very good and pretty easy option as long as the investment is enough (typically at least $100k USD) and there's a good business plan. I can't comment on tax residency.
  • _blk 2y ago
    Hey nand_gate, IANAL but I'm currently on E-2 and ran through the process mostly without lawyer. You can contact me through the form on bitcreed dot us.
• enragedcacti 2y ago
  What are your thoughts on the future of the Laken Riley Act's provisions on empowering State AGs to sue the federal government over immigration enforcement, both in terms of constitutionality and in terms of outcomes if signed into law and upheld?
  • proberts 2y ago
    I'm not a fan but I haven't really analyzed the constitutionality of these provisions although the arguments I've heard regarding their unconstitutionality make sense to me.
• matthewmorgan 2y ago
  Do you believe there are such a thing as nations, or merely different economic zones?
  • proberts 2y ago
    The law distinguishes between the two so from a practical standpoint for me, the answer is yes.
• away_im_thrown 2y ago
  Hi Peter, First of all, I wanted to thank you for taking the time and offering your help for the community! I had a couple of questions. For context, I'm Iranian and I've been a green card holder for the past 10 years, 5 of which I've been residing continuously inside the US. 1. I'm planning to apply for my citizenship this summer. Do you think there would be any complications with my naturalization given the current political climate and that Trump's now in office? Since my green card is also expiring around that time, would you recommend that I request its renewal separately or would I be fine waiting to apply for citizenship right away? 2. After obtaining my citizenship, I'm also planning to petition a visa for my fiancé (which is also an Iranian living inside Iran). Do you think that request would still be processed same as before during this new administration? Would requesting for a spouse visa be any better if we were to get married sooner? 3. Would it be any better if my fiancé were to apply for a college/university in the US instead? I'm asking this because I've heard rumors that Trump would be much easier on student visas than immigration visas.
  • proberts 2y ago
    1. I would recommend applying to renew your green card as well because it's not clear how long the naturalization process will take under the new administration. Regarding potential complications, last time he was in office, I didn't see any extra issues/delays with my Iranian clients becoming citizens. 2. This process could be impacted because she's outside the U.S. and it's easier for the administration to impact those outside the U.S. seeking immigrant (green card) visas through a U.S. Consulate than to impact those in the U.S. seeking to obtain green cards through USCIS. I don't think it matters whether you get married sooner. 3. Possibly but as you know, even Iranians applying for F-1 students visas can be subject to significant delays.
• akktor 2y ago
  Hi Peter! Thank you for doing this. I'm a software engineer with 3 years of experience and a MSc degree in computer science. I'm currently working in a big tech company in the UK and I would like to move to the US in the near future. At the moment I'm more leaning toward an L1 because I don't have to go through the lottery but I'm exploring other scenarios. Would you recommend trying to move to the US with an L1 or an H1B? Does an L1 provide a path to a GC? What are the cons of an L1 visa compared to an H1B? Again, many thanks!
  • brit_in_america 2y ago
    I assume L1B because you mentioned “engineer” instead of “manager.” I’m currently on an L1B visa, which is a three-year dual-intent visa extendable for another two years. This should provide ample time to initiate and complete a Green Card application under Employment-Based 2nd preference. However, I would consider choosing the H1-B visa for the following reasons: It’s getting harder to get L1-B because USCIS are asking more questions about if a candidate has specialized knowledge to meet the requirements. The processing times for Green Cards and PERM are increasing and five years might not be enough in the near future. In that case you would need a very cooperative employer to allow you to continue the application via Consular Processing from the UK. My own Green Card application began in 2022, and I’m not likely to receive it until 2026 due to the substantial backlog for applicants from the Rest of the World (ROW) category, which includes British-born individuals. On an L1 visa, you’ll be tied to your current job until either your Employment Authorization Document (EAD) arrives and you have portability under AC21, you’re approved for an H1-B visa with a different employer (which will reset your Green Card application timeline); or you’re approved for a Green Card. If you switch to an H1-B visa, you have the flexibility to change jobs before your Green Card is approved. You can also retain your Priority Date (PD), which represents your position in the Green Card queue, although you’ll need to restart all the steps of the process again. Additionally, your H1-B visa is extendable indefinitely after receiving an approved I-140 petition. This immigration system here is a mess and it’s getting worse. Not to discourage you but this is the worst time for Brits to move here.
    • proberts 2y ago
• sockeye123 2y ago
  I am on a TN visa and recently got a promotion which elevated my title but largely kept my responsibilities the same. My old title had the name of my TN profession in it, the new one is adjacent but does not. Could this cause issue? I travel with the form I received from USCIS through mail-in TN renewal. Related, I’m waiting in the green card backlog with a completed PERM. Will this title change affect that?
  • proberts 2y ago
    Whether a new or amended TN is required depends on the job duties, not the title, so it appears that your TN should remain valid. But you should speak with your company's attorney about what you should carry with you when you travel and how you should respond to questions about your job. The same is largely true for your PERM application unless possibly the promotion puts you in a significantly higher comp bracket or significantly changes your place in the company's hierarchy.
• swyx 2y ago
  some incomplete notes on my recent o1 . i recommend minn at lighthousehq, tell her i said hi https://github.com/swyxio/swyxdotio/issues/477 https://github.com/swyxio/swyxdotio/issues/477
  • _iafj 2y ago
    I've heard good things about LighthouseHQ from friends. The founder agreed to look my case over but then ghosted me. Unclear why, but I followed up and didn't hear back so
    • mkim383 2y ago
      Hi Mark — Minn here. So sorry for my miss here. Drop me a line at minn@lighthouseh[dot]com to reconnect. We've worked with hundreds of applicants, many in the YC community and happy to see how we can help!
      • _iafj 2y ago
        Hi Minn–thanks for reaching out! I emailed you yesterday and will wait to hear back.
• mizzao 2y ago
  If a US very early-stage startup hires a Canadian and grants them restricted common stock (similar to what founders get), what are the implications for them (1) from a Canadian tax perspective* and (2) if they move to the US later on*? *(1) e.g. is there anything like the 83(b) election or similar. *(2) how do 83(b)s work for folks that might move to the US later, especially given "might" ?
  • proberts 2y ago
    All good questions but outside my limited area of expertise (US immigration). You should consult an international tax expert.
• americasonly 2y ago
  [flagged]
• mizzao 2y ago
  What do you think will change for folks who are paroled under Uniting for Ukraine (https://www.uscis.gov/ukraine https://www.uscis.gov/ukraine)?
  • proberts 2y ago
    That's a really good question and of concern to a lot of people. No one knows at this point but the concern is that the new administration will kill the program or at a minimum modify/restrict it.
• mdhb 2y ago
  [flagged]
  • TheBlight 2y ago
    Why do you say that?
    • mdhb 2y ago
      No reason at all… https://bsky.app/profile/drrosena.bsky.social/post/3lg75xw2qhc2v https://bsky.app/profile/drrosena.bsky.social/post/3lg75xw2q...
• t-awayfor2day 2y ago
  [dead]
• highcountess 2y ago
  Are there any pitfalls to prepare for or avoid for people trying to get their parents permanent residency/green cards?
  • proberts 2y ago
    These tend to be pretty straightforward easy applications. There really are no gotchas in this context.
• proberts 2y ago
  Great questions and comments. Thank you! I'm taking a break until around 3 pm EST and then will return for several more hours.
• ishyfishyy 2y ago
  Do you think nonimmigrant worker petition adjudication is stricter at land borders, pre-flight inspection stations by CBP as compared to a filing with USCIS? How common is it for CBP to deny entry / readjudicate a petition if a worker has an approved USCIS petition and an approval notice?
  • proberts 2y ago
    Adjudications vary considerably from land crossing to land crossing and from airport in Canada to airport in Canada but as a very general rule, it's easier to get a TN through CBP at a land crossing or airport than through USCIS but this also depends in part on specific TN occupation being applied under and the applicant's background. It's rare but not unheard-of for CBP to deny entry to a Canadian with an approved TN petition. Again, the risk varies by land crossing and airport with Pearson probably the worst and to be avoided if there's any concern.
• joeofbook 2y ago
  [flagged]
• kobevr 2y ago
  Hi Peter, Thank you so much for doing this. I just moved to the USA as J2-Dependant. I have already submitted form I-765 to get a work permit (EAD) but this can take between 3 and 4 months. A European company that just opened an office in the USA would love to hire me but might not want to wait that long. Is there anyway to speed up the process by them sponsoring me?
  • proberts 2y ago
    There would have to be a visa that you qualify for that the company could sponsor you for, such as an O-1 or a country-specific visa, but given how long such a process likely would take, even if you qualified for another visa, you probably wouldn't get it much faster than the J-2 work card.
• joshdavham 2y ago
  Any pitfalls to watch out for for Canadians on the TN? Specifically during this next administration?
  • proberts 2y ago
    We just have to keep our eye on this because almost certainly there will be changes whether to the application process or to the application/interpretation of the regulations.
• alsodumb 2y ago
  Hey Peter! Thanks for doing this! I’m trying to understand the dual intent nature of O1A. I’m a PhD student with EB2-NIW and EB1A approved. Unfortunately, I am not expecting a green card in the next 6-12 years due to my country of birth. I am eligible for O1A, but it seems like the dual-intent of O1A seems to be in grey area unlike H1B. Would I have any issues with O1A stamping in foreign embassies or during reentry given that I filed I-140 and showed immigration intent? Or is it safe to assume that O1A is also dual intent? Thanks!
  • proberts 2y ago
    It is grayish but during the past 20 years I've only had one instance where the Consulate pushed back on the issuance of an O-1 visa because the applicant had an approved I-140. That was over 10 years ago and even in that case, the O-1 was eventually issued. So, for all intents and purposes, the Consulates view the O-1 as a dual intent visa. Also, there's some preparation that you can do before applying for your O-1 visa and attending your O-1 visa appointment to minimize the risk if this issue is raised by the Consulate.
    • alsodumb 2y ago
      Thank you so much for the response! Could you share a bit more on what the preparation looks like? It’s something I’ve seen vaguely mentioned in forums but no one shared the specifics of the prep. Thanks!
      • proberts 2y ago
        That would require a short discussion - give and take - and I'd be happy to prepare you when you get to that point.
        • alsodumb 2y ago
          Thank you! I’ll talk to the startup that’s hiring me soon to set up a consult with you through formal channels. Appreciate the responses here!
• papichulo4 2y ago
  Hey Peter! I wanted to thank you for doing this. I just got my green card last year, and it all kind of started with me asking you a question about H1B caps in a thread like this almost a decade ago. Super appreciate you doing this for people that are dreaming of a better future, dreaming of the American dream. Wish you the best!
  • proberts 2y ago
    Wow. That's so nice to hear. Thanks!
    • deleted 2y ago
      [deleted]
• PajeetH1B 2y ago
  [flagged]
  • MourYother 2y ago
    The people who paid for the campaign rely on cheap immigrant labor, the kind of the american workers wouldn't take unless forced to do so in prison. The visas are here to stay longer than it would take every MAGA clown to eat their red hat.
  • scarface_74 2y ago
    You realize that Trump and his cronies are trying to increase the number of H1B visas don’t you?
• fisbebyp 2y ago
  [dead]
• aio2 2y ago
  How's it going?
• hoerzu 2y ago
  What are better chances O1 or H1B? Still need apply for a visa waiver due to a record on my file. For O1 - I have a company - I'm getting published soon (Springer Nature. I only have a Bachelor in Science) - I have articles written about me - I published 2 articles in a large newspaper - I was a judge at a hackathon
  • proberts 2y ago
    Without knowing all the details, it looks like you should have a solid O-1.
• annavdoro 2y ago
  Right now there are many cases with visa administrative processing taking several years after o1 approval. Any changes expected here?
  • proberts 2y ago
    I haven't seen that. The delays I've seen are for those from certain countries (such as Iran or Russia) or for those whose area of expertise/study is subject to export control laws/concerns.
    • yeputons 2y ago
      > whose area of expertise/study is subject to export control laws/concerns. Does that intersect significantly with a typical startup? Maybe machine learning researcher or engineer. Or an information security specialist, like a white hat hacker.
• road_to_freedom 2y ago
  I got 221g administrative processing denial for L1-B recently. I work at FAANG. From your experience is there any chance that this will clear itself soonish or that's kinda the end of the story? I know a few stuck waiting for more than a year. Is such an outcome likely for me?
  • proberts 2y ago
    This depends on the reason for the 221g. Security-related reasons can take a while but often 221gs these clear quickly. What's the reason?
    • road_to_freedom 2y ago
      The reason wasn't specified. Are they supposed to specify the reason like security check? The officer told me to send CV, job offer and support letter on email. Even though these were available at the interview so this ask looks to me more like a facade.
      • yeputons 2y ago
        Sounds like the typical "administrative processing". They typically do not give any reason, just that they "need a bit more information" and "the processing typically concludes in 60 days or less". You may be lucky and that is the case, you may be unlucky and it is stuck for years. Even if you're from e.g. the developer of curl from Sweden in 2016, not a nuclear physicist Russia or Iran in 2025: https://daniel.haxx.se/blog/2020/11/09/a-us-visa-in-937-days/ https://daniel.haxx.se/blog/2020/11/09/a-us-visa-in-937-days... I've heard about a person waiting for 4 years for their B-1/2 U.S. visa recently. I haven't heard a single story where any kind of feedback or realistic timeline was provided to anyone, be it the applicant, the employer, a lawyer, a congressman. Not once.
• hnbrg718 2y ago
  Hi Peter, thank you so much for your work and for doing these AMAs! I am a PhD student on an F1 at a US university who would very much like to stay after graduation. Without going into too much details, I think I would have a strong O1 or EB-2-NIW application (top US school, multiple publications, awards, reviewing) upon graduation, but I am worried about leaving it until then to start the process as I know it can be very time consuming. What, if anything, can I do to "get the ball rolling" before I graduate? I presume starting an EB-2-NIW application would not be feasible at this point, for example, but please correct me if I'm wrong. Ideally I would enter the job market with a non-employer-specific green card, so that I don't have the additional stress of having to worry about being kicked out. Thank you all the work you do!
  • proberts 2y ago
    Having a PhD is less important than the other stuff - publications, awards, etc. - so there's no need for you to wait until you graduate to start the process. As a first step, I would recommend that you get your qualifications evaluated now because it's possible that you could pursue an EB1A now or an NIW at a minimum.
    • hnbrg718 2y ago
      That's good to know - thank you so much, Peter!
• jlouage 2y ago
  Hi Peter, I am moving to US with a L1A visa, and my family L2. I can apply for EB1-C directly after arriving to US?
  • proberts 2y ago
    Yes, assuming that you qualify, there's no waiting period but to be clear, the EB1C petition is filed by your employer, not you.
• hhthrowaway1230 2y ago
  > The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. What do I need to become a fashion model?
  • proberts 2y ago
    If you're being serious, you should sign with an agency as a first step.
• nottorp 2y ago
  Just curious... are H1-B holders still tied to their employer or have the conditions relaxed? Can anyone point me to some current (human readable not legalese) explanation of what you can do with the H1-B?
  • proberts 2y ago
    H-1B visa holders are tied to their sponsoring employer. Do you mean what they can do outside their H-1B employment? What other things are you interested in doing?
    • nottorp 2y ago
      > H-1B visa holders are tied to their sponsoring employer. Thanks, that answered my question. I have no intention of working in the US at the moment, just keeping myself informed in case i ever change my mind. Tbh I thought some random HNer would post an explanation before you got to this.
• tomp 2y ago
  If you get an O1 visa, does it have an expiration date? Or can I use it later (in a few years, e.g. when the baby grows a bit older)?
  • proberts 2y ago
    An initial O-1 visa is valid for up to 3 years and can be renewed indefinitely in 1- or 3-year increments.
• tombert 2y ago
  Hi Peter, My wife has a green card, and has since October of 2021. We have filed the paperwork for her to get citizenship in November of last year, but of course these things take time to process. Due to the anti-immigration rhetoric of the incoming Trump administration (particularly against Mexico), I am extremely worried that this might end up with delays or even a halting of the citizenship process. Are my fears founded?
  • proberts 2y ago
    I don't think so. She's already an LPR and during his last time in office, other than some processing delays, in my experience, applications that were supposed to get approved got approved.
• strambino242 2y ago
  What percentage of new STEM hires are immigrants and what percentage are US citizens or greencard holders?
  • proberts 2y ago
    I don't know but that's an interesting question and I would be very interested to know the answer.
• ddtaylor 2y ago
  Thanks, Peter. Do you think a state like Oregon can continue to have a state constitution it does with support for immigration as a sanctuary, etc. or is Oregon supposed to be more duty bound by local state constitution? What happens when they are mutually exclusive or the federal government gives orders that are unlawful locally? Does this become a 10th amendment issue?
  • proberts 2y ago
    Good question and I don't know the answer but this is sure to be a battleground in the coming years, states refusing to enforce federal law or to act as agents of the federal government.
    • spondylosaurus 2y ago
      Well, since "federal law can't impose on state law" has been the SCOTUS party line for the last X years, we might as well use that line of reasoning here...
      • pclmulqdq 2y ago
        Where did you get that from? Federal laws usually do override state laws. Whether the states have to help enforce federal law is a different question, though, and seems to be a "no" given the examples of marijuana and immigration.
        • mtnGoat 2y ago
          Look up “The Cole memo”, that is why the cannabis stuff is happening the way it is currently.
          • pclmulqdq 2y ago
            Oh, I see. That's a memorandum explicitly stating that marijuana is an exception to this rule - the federal government basically ceded authority on this issue during the Obama era. The exception proves the rule, however.
• gist 2y ago
  Unclear to me why this info can't be (at this point it's the 20th AMA by Peter Roberts) in a faq format. Sure it's helpful. But it seems on the surface to be lead generation for an attorney and I'm sure there are tons of other professionals (legal or otherwise) that would like the same free advertising.
• eaglehead 2y ago
  Hi Peter, I am wondering what's the best way to move from O1 to Green Card? I have my own startup which has sponsored by O-1 visa but need to get a green card to stay in the Bay Area long term. I am a Canadian Citizen if that helps.
  • proberts 2y ago
    For founders, the two options are EB2 national interest waiver and EB1A extraordinary ability and which path to choose will require an analysis of your background and the company. EB1A is much faster but the bar is much higher although many founders who've created "successful" companies qualify.
    • eaglehead 2y ago
      Thank you, I wasn't familiar with EB2. I did exit my last company in 2021 to a Fortune 500 -- if that counts as a "successful"
• uhuruity 2y ago
  Thanks for doing this Peter. I have two questions, advice on either/both would be much appreciated! 1) Partner moved to the US in L1B status, after 2-3 years successfully adjusted to L1A status, based on having been promoted and perhaps been initially misclassified. Would they be eligible for the EB1C green card? 2) How can an individual on the STEM OPT extension best work on their own entrepreneurial ventures? Would it be sufficient to incorporate as a C-Corp and have 1-2 Americans on the Board, with the authority to fire me, serving as my supervisors? They have relevant work experience and could easily be my manager in a corporate environment. Or do they have to own >50% of the company too?
  • proberts 2y ago
    1. The EB1C has the additional requirement that the applicant's employment abroad also must have been managerial or executive (which at the end of the day means people management). This is where those who move from L-1B to L-1A sometimes fall short. 2. This requires a discussion unfortunately because if you look at the websites of 10 different schools, you will get 10 different views on whether an F-1 can get STEM OPT through their own company. My reading of USCIS guidance is that STEM OPT can be obtained through an F-1's own company as long as there is a supervision/training component to their employment.
    • uhuruity 2y ago
      Thanks Peter! On 2) is this something you could help with through a consultation, if/when I decide to go try this route?
• esel2k 2y ago
  Thanks, so many interesting answers. As an European working for a US tech company - regular visiting but world traveler as my passion. Is there officially a list of countries one should not visit (just tourism) that could harm career prospects while working for a US company for visas? Thank you.
  • proberts 2y ago
    This is a moving target but at a minimum any country on Trump's soon-to-be travel ban list might cause problems down the road.
  • yemenitravel 2y ago
    [dead]
• d3nj4l 2y ago
  Hey Peter, been reading these threads for a while and really appreciate your support. I'm on STEM OPT and I want to keep my options open in case I don't get an H1b by the time it ends. What realistically are my options without affecting my future chances at a green card? I've heard that pathways like Day 1 CPT can lead to future I140 denials, which make me skeptical of going down that route.
  • proberts 2y ago
    The nonimmigrant visa applications of those who get day 1 CPT tend to be scrutinized more closely but as long as the program is real, the visas eventually get issued. And the same for green card applications. While this might result in greater scrutiny, green cards get issued if the program is real. So if you go this route, just make sure it's a legit program (classes, homework, tests, etc.). The other option is the O-1. Of course I don't know your background but the O-1 is one option those who don't get selected in the lottery look at.
• robertwt7 2y ago
  Hi Peter! Thanks for doing this! I've been watching this thread and reading for so many times but now I have a question. If I come from Australia with an E3 visa, what is the pathway for me to get a greencard? On the US Gov website, the E3 visa is a non-immigrant visa. does this mean that I can't convert to H1B or greencard if I came with E3 visa? Thankyou
  • lazyasciiart 2y ago
    I came on E3, converted to H1B then applied for a greencard.
  • joshvm 2y ago
    There is nothing that says you can't, but you have to convince the consulate that you did not have intent to immigrate when you applied/interviewed for the E3 and entered the US. The restriction is similar for the J1. You can't land and immediately start applying for a green card, but if say you worked a 2-3 year contract and decided you wanted to stay, you could pursue a green card that you're eligible for. Most immigration firms that specialize in green cards will give you free advice on what the best route is (based on your background). For some discussion: https://www.lightmanimmigration.com/blog/e-3-visa-green-card/ https://www.lightmanimmigration.com/blog/e-3-visa-green-card...
• proberts 2y ago
  Thank you again for the great questions and discussion. I'm taking a break now and will return in about an hour. If I miss any questions before the AMA ends today, I'll do my best to respond tomorrow
• tonymet 2y ago
  We are working to apply for n-565 for my mother in law who has been a working American citizen for 50 years. She now needs naturalization records to apply for Real Id and continue domestic travel. The issue is that she had a divorce and name change, and we can’t find her name change record with the county superior court. N565 requires the name change evidence We have tried FOIA request to US CIS and no records were found Can we use her 50 year social security contribution record as evidence of the name change ? What other pieces of evidence could we present ? Is there a hearing or more dynamic forum we could present the case to ? The forms for naturalization and real id have narrow and rigid qualifications .
• pylua 2y ago
  My company is flying over architects / project members for design meetings from other countries for small meetings over the course of of a week. Does this usually require a work visa ?
• t-awayfor2day 2y ago
  Hi Peter, Thank you for the AMA! I am reposting here because my earlier comment was killed [0] and you probably haven't seen it. I am a STEM postdoctoral researcher currently in the first year of my STEM OPT, and I am planning to apply for a green card in the coming months alongside my STEM OPT extension. After consulting with an immigration lawyer, I have been advised to pursue the NIW EB-2 category. I would greatly appreciate your insights on the following questions: 1. Based on your experience, how would you rank the importance of the following evidence in supporting an NIW EB-2 application (from most to least important)? - Citations - Competitive awards and fellowships - Experience as a peer reviewer - Letters of recommendation - Expert opinions (independent letters of recommendation) - Research in an area of high importance to the United States 2. The legal fees quoted by my lawyer seem very high compared to figures I’ve found elsewhere online. Given my current severe financial constraints, I was wondering if you could share what you consider a reasonable range for all legal fees associated with an EB-2 application (NIW I-140 petition, Adjustment of Status, RFEs). 3. If you have worked with any immigration lawyers or firms that would be appropriate for cases like mine and that you would recommend, I would be very grateful for your suggestions. Thank you so much for your time and advice. I truly value your perspective and any guidance you can provide as I navigate this process. 0. https://news.ycombinator.com/item?id=42772058 https://news.ycombinator.com/item?id=42772058
• webdev_fromDS 2y ago
  Hi Peter, thanks for doing this! My employer has been helpful to file for my green card. I recently got "CERTIFIED" on my PERM and the lawyers are working to get my I-140 ready to file. I have some publications as first author and as a co-author is a highly respected journal. I wanted to know if there is a path to move from EB2 to EB1? If there is, what would be the requirements to qualify? I ask this my I-140 priority date is late 2024, and the current date for my nationality is 2012. EB1 current date seems to be 2022. Is it possible to move to EB1 and carry over the priority date from the (hopefully approved) I-140? Many thanks! I have read several of your AMAs and found them helpful!
  • junar 2y ago
    Any EB1 petition you submit is going to be adjudicated separately from your EB2. If you want your case assessed, you should probably hire a lawyer to discuss the specifics of your case. You get to use your earlier priority date for any later employment-based petitions. See the USCIS policy manual: https://www.uscis.gov/policy-manual/volume-6-part-e-chapter-8 https://www.uscis.gov/policy-manual/volume-6-part-e-chapter-...
• doctorpangloss 2y ago
  How do you square away your relationship with Y Combinator, which has been by all means positive, with the eager collaboration of its leadership with the most anti-immigrant administration in history?
  • aredox 2y ago
    [flagged]
    • aredox 2y ago
      Downvoted into the negative... Those who downvoted, what is your explanation, then? Unvarnished xenophobia? At least *my* explanation was just greed!
  • gunian 2y ago
    are there any publicly available datasets that can be observed to verify this quantitatively? or does homeland not publish any data
  • southernplaces7 2y ago
    Can't speak for the incoming four years, but a look at deportations by year under Trump, Biden and previous to that, Obama show illegal migrant deportations during Trump's first term were lower than they were during every year of Obama's presidency except one, sometimes greatly lower. They were also only moderately higher than they were during the four years of the Biden administration. A shot of hard facts after being bathed in hyperbole. Oops. https://www.migrationpolicy.org/.../biden-deportation-record https://www.migrationpolicy.org/.../biden-deportation-record https://ohss.dhs.gov/.../immigration/yearbook/2019/table39 https://ohss.dhs.gov/.../immigration/yearbook/2019/table39
    • Aromasin 2y ago
      A very similar play book to the one used by the Conservative Party in the UK. They were somehow deemed the "anti-immigration party" of the two major ones, despite having been resposible for some of the highest immigration rates of any era. There's nothing better to distract from rampant inequality and a rapid transfer of wealth from the middle class to the super rich than a boat load of immigrants, that were somehow granted visas by the same government that supposedly reviles them. Without the racial tension, who else is there to point the finger at for the countries woes?
• kevinfinnerty34 2y ago
  Hi Peter! Thanks for doing this. I'm a college dropout working as a SWE at one of the FAANG companies in Europe. I understand that there are two paths I can take -- getting transferred by my company on an L-1B or try to compensate a degree with 12+ years of experience for an H1-B. Do you have any tips for people without degrees from what you've seen in practice? How often do you see people without a degree getting any of the visas? Is there any chance I can get an o1 if I have a really good resume (10+ YOE, half of it at very-well-known companies)?
  • pclmulqdq 2y ago
    Isn't the O-1 visa (in tech fields) mostly for PhDs with a strong research track record? I would assume you can get one if you have a bunch of publications and citations without a PhD, but isn't that the usual path?
    • kevinfinnerty34 2y ago
      I guess you're right. I was under the impression that you can apply for the O-1 solely based on a successful career in tech, not necessarily academic success.
      • ahussain 2y ago
        You can definitely apply for an O-1 based on a successful career in tech: https://blog.awais.io/o1-visa https://blog.awais.io/o1-visa
  • yorkshireChai 2y ago
    hey granted im not an expert like Peter is, But I have gone through a similar series of events as you are describing here. I transferred to the US on a L1B visa in 2022 and after an unfortunate round of layoffs late 2023 I scrambled for another role and managed to get sponsored and obtain O1 status. I had a good background of experience working on some prestigious products, a degree and written testimonials from people "high" up in my industry, studio heads, people high up in award academies etc. there may be extra steps for you as you don't have a degree (if I'm reading that right) but i believe you can prove you have had "equivalent training" to a degree maybe using your experience.
• rsoto2 2y ago
  My sister is trying to do AOS we have DACA, and a legal entry, but also multiple entries, she is married to a USC. Is there another way to adjust to residency that we do not know of?
• papadiamantis 2y ago
  [dead]
• zombiwoof 2y ago
  Are there really not enough qualified American born engineers? Do you see exponentially better talent from H1b engineers?
  • mcmcmc 2y ago
    They see marginally lower payroll expenses
  • klipt 2y ago
    America is only 5% of the world's population. Do you want Silicon Valley to hire the best of the world, or only the best of America? Without immigration, an American only Silicon Valley would surely lose out to places like China and India that can source talent from over a billion citizens. Or lose to a more immigrant friendly country that can source talent from the whole world (which is what America currently does).
• sonukumarphd 2y ago
  Hi, Can I start an own company on OPT? Also, can I maintain both my job and running the start-up, and if so, how would I have to structure it?
• alwaysanoob 2y ago
  Hi Peter, Thanks for doing this. I am a Canadian citizen born in India and recently moved to work for a FAANG company on a TN visa from Canada. The company is asking if I want to apply for a H1B visa this year. Are there any obvious advantages of H1B other than eligibility for green card. Given the current political climate, is there any projections on how work visas might change going forward.
  • yello_downunder 2y ago
    I'm not a lawyer, but worked in the US for 6 years as a Canadian TN. The green card eligibility is the big differentiator between TN and H1B. Other than that, there isn't much difference that I could tell. One difference between Mexican and Canadian TNs is that Mexican TNs can switch employers without renewing TN, whereas with a Canadian TN you have to reenter the country when you switch employers. When I was switching jobs I encountered a handful of companies that would consider H1B holders but would not consider TNs because they simply had no experience hiring TNs. I didn't fit their hiring pipeline. I had some banks give me a rough time when seeking financing for buying a house, who were not familiar with TNs. Wells Fargo were willing to work with me. Another issue I experienced (I think, my memory is fuzzy on this one) is because various members of my family had passports that expired on different dates (kids get a 3 year passport only), the TN and TD (dependent) were only granted up until the expiry of the passport, so less than 3 years that a TN could be granted for. To avoid costly plane flights I used to drive down to the Mexican border where the border folks were nice enough to renew my TN/TDs. The US/Mexico border folks don't get many Canadians entering there so they aren't really set up for it. One time they erroneously gave me a Mexican TN authorization which I didn't learn about until I went back there to renew after switching jobs and the border person basically told me to get lost because I had a valid visa. I had to do some quick talking because even though I had a stamp, the visa was invalid because it is up to me to ensure I have valid work authorization. The website for Canadians entering the US for TN purposes is clearly geared to Canadians entering from the Canadian side of the US, but doesn't explicitly say Canadians shouldn't enter from the Mexican side. It worked out in the end but no guarantees. My advice: if the company is offering to switch you over to H1B, take them up on it. My employer originally said they would apply to switch me over to an H1B, but when it came time to actually do it, they no longer had budget to do it. This eventually became important because in Texas it affects the ability of your kids to apply for (state?) student loans (I'm fuzzy on this one). I ended up moving back to Canada to be with my kids while they go through university.
• r_thambapillai 2y ago
  If I have a candidate on a h1B at another company that I want to hire, what is the process to get them started at my company?
• throwaway65123 2y ago
  Hi Peter Is the L1B path available for people who contract for US companies from abroad? Lots of software engineers in the EU work for US companies using a B2B contract as sole entrepreneurs without an official employer/employee relation, but they bill 40h/week so in fact these are full time positions. I'm in a situation like this. Every month I issue an invoice where I state exactly how many hours I worked. Does it make me eligible for a L1B transfer to the US office? Thank you for your time, cheers.
• legohorizons 2y ago
  As an employer of those under TPS how would you plan for Trump possibly overturning TPS protections under his admin? Anything we can do to prepare?
• EGreg 2y ago
  What is required for an H1B visa, and are any accepted from Russia?
• keepamovin 2y ago
  How will the landscape likely change with the new administration given Trump says he likes legal immigration and DOGE aims to reduce red tape?
• ksynwa 2y ago
  Do you have any hobbies?
• hexoctagonal 2y ago
  Hey Peter! Really appreciate you doing this. I used to work for a company in the US on OPT, and since I couldn't obtain an H1B, I moved to Canada as a permanent resident. Due to the nature of work I did at the company, I moved to a contracting role. I have since been able to get the H1B via the same company, and they would like for me to move back. However, being born in India, even if I move back to the US, the path to permanent residency feels long and nearly unattainable. Is there any other alternatives for me for attaining a green card in a shorter span of time?
• Trufa 2y ago
  What are my possibilities to work a tech job in the US (I do have a company that’s willing and able) but I don’t have a college degree, how likely is it that I can find a way.
• rtrtrtrt 2y ago
  Hey Peter - I'm a US citizen currently living in Canada as a permanent resident (my wife is Canadian and we're raising our kids here). I've started startups in the states before when I used to live there, incorporated as C-Corps, but now that I'm living in Canada - if I wanted to create a startup, could I still incorporate it as a C-Corp in Delaware? *I do have my parents address in the states that I can use if needed
• hcmgr 2y ago
  Hi Peter. Thanks again for doing this. Life saver. I am an Australian citizen looking to do my Masters in Computer Science in the US, and live there afterwards. I particularly want my green card so I can work at SpaceX / Starlink / other companies that require it. Would the path be: F-1 during masters, get a job offer in the US, E-3 sponsored by said job, GC? Also, what is the rough time frame from E-3 being granted to GC being granted? Cheers!
• cratermoon 2y ago
  Dupe
• sathishmanohar 2y ago
  Do founders need to move to the US to be efficient? Is it possible to incorporate in the US and run the company from their home country without any hassles?
  • lewiscarson 2y ago
    Check out Stripe Atlas - they do what you're asking for
• mariogintili 2y ago
  Hey Peter! I desperately want to leave the UK with an exceptional talent visa. SWE engineer building an AI copilot for finance. +10 years of experience. I plan to get a small press release for it too. What are my odds? Are exceptional talent visas worth it?
• valunord 2y ago
  Are there opportunities for those of us in the USA to take in fiancés from other countries in the current climate? I'm currently in the dating circuit for women who have software engineering backgrounds and this situation has made me very nervous about how I'm going to actually bring a fiancé to the USA now.
  • iosguyryan 2y ago
    Huh? You have multiple marriage worthy relationships ongoing in other countries? Or you’re adopting fiancés from a shelter?
    • sealeck 2y ago
      I think the more reasonable interpretation is that OP is currently looking to date someone. They (as one generally does) hope it will go well, in which case they might want to cement their relationship through marriage. However, they are worried that if they do get married, they may not be able to move to the USA with their spouse.
• rickandmorty99 2y ago
  Hey Peter, I appreciate what you're doing here. I made a throwaway account since I don't want this part of my personal life to be on HN and tied to me in any way. I'm currently waiting for about 6 months to get my marriage case reviewed with USCIS (CR-1). The USCIS website at one point said it'd take a few weeks, now it's back to a few months; Reddit is unanimous: don't trust what the USCIS website says. I've looked at Visa Journey and based on that it seems to take about 15 months, if I recall correctly. In your experience, how long does it take? When should we ring the bell when it is going too slowly? Also, does it matter that I'm from a northern/western European country or does it not matter at all?
• highhedgehog 2y ago
  I am married to an american but we are leaving abroad and we never started the process for me to get a green card as we didn't plan to move to the US yet. Is it true that when I apply and get the card I then have a limited amount of time to move in, and if I don't then I would have to start the whole process again?
  • lazyasciiart 2y ago
    Yes.
• p00f 2y ago
  Hi Peter, I'm planning on doing a Master's in the US starting Fall 2025 - is it a completely bad idea?
• nickd2001 2y ago
  I know someone who has got a O1 visa to do freelance work, via an employer that has turned out to be dodgy. This employer is giving her mixed messages, on the one hand claiming to have cancelled her visa because she wasn't available for work exactly when the employer needed, on the other saying they haven't really cancelled the visa and she can carry on working for them. She now wonders whether her O-1 entry was during the 60-day grace period after it had been cancelled and thereby unlawful. She doesn't know whether she can legally continue to work because she cannot trust this employer. Compounding this is the fact that she's been engaged to an American for a while and is pregnant. She's now worried about having unwittingly done an illegal entry, and about being seen to have worked illegally, and how that would affect her adjustment of status. I know little of this but I suggested 2 things - (1) collect evidence of the games this employer is playing with you, and ask them to say in writing they haven't cancelled your visa, as proof that you entered the US in good faith and are not knowingly working illegally, (2) possibly contact USCIS directly to check whether the visa is still valid. Any comment on her situation and what she might do?
  • tivert 2y ago
    IANAL, but that sounds like a situation where you need hire an actual immigration attorney.
    • nickd2001 2y ago
      Agreed :) In case this helps anyone else, she's now talked to a lawyer. Sounds like a spouse of an American can get forgiven for everything anyway especially if they have a kid because otherwise the American would suffer e:g by being a single parent (strangely, being separated from their spouse isn't considered hardship...) I think the employer is playing games to control her and probably hasn't actually cancelled the visa. If she wasn't getting married of course, with the chance of being forgiven, that'd be more of a stress. So, anyone contemplating an O-1 visa, make sure your sponsor is decent!
• throwaway9651 2y ago
  Peter, I'm a software engineer with a FAANG company, ~20 years experience and at the senior staff level. I lived in the US for a while with my family, and we all have green cards. Last year, we moved back to India (where we're from), with re-entry permits that are valid till July 2026. We'd like to continue living in India for a while (the next 8-10 years, till our kids finish school), but also keep our green cards so that we can move to the US afterwards without going through the Indian-citizen green card nightmare, especially for my kids. I go to the US every 3-4 months on work, my family less frequently. Been paying US taxes and no problems continuing to do so, but I don't own a house in the US. Is there a way I can keep my green card while living in India for 8-10 years? Or should I just give it up when my re-entry permit expires, and find a way to apply again?
  • apwell23 2y ago
    interesting. I thought you are required to be a legal resident of USA to maintain a your green card status. I am interested in answer to this question too.
    • tivert 2y ago
      > interesting. Why are you required to pay US taxes if you are a resident of India now. The US taxes global income for all residents: https://www.irs.gov/individuals/international-taxpayers/frequently-asked-questions-about-international-individual-tax-matters#collapseCollapsible1707333756034_846999 https://www.irs.gov/individuals/international-taxpayers/freq...
      • apwell23 2y ago
        yeah i thought thats only after you get your citizenship. til.
  • winter_blue 2y ago
    I’m not Peter, but you can renew your re-entry permits forever, in 1-year increments. You can even have them delivered to the U.S. consulate abroad. It’s a hassle since they only give you 1-year renewals after a certain period of time (with initially getting 2-year ones), but it’s better than losing the status.
• kasztelan_ 2y ago
  No
• deleted 2y ago
  [deleted]
• deleted 2y ago
  [deleted]
• deleted 2y ago
  [deleted]
• epiifounder 2y ago
  Hey Peter! Thank you for doing this! I’m seeking advice on the optimal path for immigration to the U.S., as I see significant opportunities there, both in research and the startup ecosystem. A bit about my background: I am Ukrainian and currently finishing my PhD in the EU. I have several first-author publications in tier-one conferences, although I once had a visa rejected to attend a U.S. conference to present a paper. In addition, I have contributed to non-first-author papers and workshops. Previously, I co-founded a startup in the EU focused on improving the educational system, which is still in operation. Currently, I am completing an internship at a FAANG company in the EU and planning to launch another startup in the near future. Thanks in advance!
  • gaoshan 2y ago
    This identical comment was posted with three different, newly created, accounts in the span of a few seconds. You have since deleted two of them but the fact remains... need to work on your bot functionality.
    • epiifounder 2y ago
      Not sure if this is helpful information, but yeah, I did that, because ycombinator is very buggy. Try posting without having an account from mobile. Website asks you to type login and password, then says that such account already exists and you need to create a new one. What I did not know, it was creating accounts and posting without my knowledge. Have a good day.
• jnmandal 2y ago
  Peter -- many thanks for your continued presence and accessible approach. My wife and I reached out to you several years ago and your response was immensely helpful and comforting. Thanks for what you do.
• keyurishah 2y ago
  thank you peter for doing this. I am on H1B with 140 approved and EAD. What are my options if i want to leave my job and open a start up? how it would affect if my priority date becomes active?