22 ms·
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my responses. Thank you!
- callamdelaney 2y agoIs it basically impossible to move to the US as a UK Citizen without a degree?
- newtohn432 2y agoHey, What is the best option for someone working in NL to immigrate to US. Should I go via H1B route or ?
- proberts 2y agoThe answer will depend on your countries of citizenship and your qualifications and the work that you will be doing in the U.S. including whether you will be working for your own company or another company. Assuming that no country-specific visa is available, the standard options are the H-1B and the O-1 (and depending on a variety of factors, the E-1, E-2, and L-1).
- fuzztail 2y agoI've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?
- SV_BubbleTime 2y ago[flagged]
- darksaints 2y ago[flagged]
- orionsbelt 2y agoI agree with you, and I don’t know where on that line the Columbia student with a green card that was detained falls, but I will say there were plenty of protestors in the US who were supportive of Hamas. There was a group in Chicago, for example, that adopted the imagery of a hang glider on their protest posters, which were used in the Oct 7 terrorist attacks. So I would not be surprised if he did express support for Hamas, but I of course believe in innocent until proven guilty, and would like the government to have to show evidence of that if true.
- darksaints 2y agoThe government cannot and will not show evidence of that because they can’t. The guy has actual self-published records of his speech which contradict all of the hysterical hearsay claims that the right is making against him. The current government has no interest in the truth, which is why they moved him to a state where his immigration attorney cannot practice. Yes, there were and are plenty of protestors that actually support Hamas. Fuck those guys. But automatically claiming that if you support Palestine that you must support Hamas is the exact sort of childish intellectual laziness that leads to and supports actual genocide.
- Matticus_Rex 2y agoExpressing support for Hamas is also protected speech, and that's not controversial in terms of 1A law/jurisprudence.
- paxys 2y agoThat distinction doesn't even matter. Someone can stand on Main St and shout "I love Hamas" all day and the government can (well, in theory) do nothing. This freedom applies to everyone on American soil regardless of their immigration status. The fact that people are being targeted and prosecuted by this adminstration is a complete breakdown of free speech and first amendment protections, supported by a republican congress and court system.
- parthdesai 2y agoWith the rising tensions between USA and Canada, what is the second best route (after TN visa) for a Canadian citizen to work in USA?
- proberts 2y agoSee my response above.
- feelingsonice 2y agoWhat’s the play for solo founders? I can’t establish a company and work towards funding without an H1B but then at the same time I can’t really afford an H1B without funding.
- maestrae 2y agoVery curious about this as well. I've seen articles[1] that suggest that you canis engage in passive work, which includes activities such as: - Conducting market research and customer discovery - Discussing planned investments and purchases with prospective co-founders - Attending and participating in business meetings - Developing business relationships, such as meeting with investors and clients - Negotiating contracts - Incorporating a US company, applying for an EIN, establishing a mailing address, and applying for a business license - Act as a passive shareholder or investor However, my attempt to find the specific regulations or uscis policy memorandums that state these failed so I'm unsure. [1] https://www.deel.com/blog/starting-your-own-business-h1b-visa/ https://www.deel.com/blog/starting-your-own-business-h1b-vis...
- coolsank 2y agoWould really like to know about this one as well
- miketery 2y agoSee my comment to OP
- lmrl 2y ago+1
- proberts 2y agoIn connection with trying to start a company, there are a lot of activities that can be undertaken as a visitor without a work visa. In fact, I would say that more often than not companies founded by foreign nationals are started when they are visitors. The line that can't be crossed is productive work for compensation but establishing the company, obtaining funding, meeting with potential clients, even hiring can all be done while in the U.S. as a visitor. That being said, the line between work and non-work sometimes is grey and nuanced so it's good to consult with an attorney to understand the limits. This is particularly important when traveling to the U.S. because it's at the port of entry where entrepreneurs are most likely to have issues particularly if they are traveling to the U.S. frequently. One form of protection so to speak is to establish the company with the goal of obtaining an E-2 or E-1 treaty visa; the visitor regulations are much more flexible regarding permissible activities as a visitor when the visitor is planning to get an E-2 or E-1 visa.
- SV_BubbleTime 2y agoBoth Musk and Vivek initially supported H1B, and saw massive backlash in the conservative communities. So much so that Vivek left (was removed?) from DOGE and went to run for Gov now with a largely sour taste in MAGA people’s opinions. Pointing to me that H1B is advantageous for employers but deeply unpopular with the majority of voters this last election. Do you see the Administration taking on H1B changes in a big way or letting this slide?
- garyfirestorm 2y agoYou can’t expect any sane policy decisions from this administration. They’ll target whatever gets them the clicks/votes/engagement. It’s like the bad clickbait but in governance.
- theyinwhy 2y agoThe administration is mainly implementing project 2025. You can look up this tracker to see if they plan changes there: https://www.project2025.observer/ https://www.project2025.observer/
- proberts 2y agoIt's so hard to say but looking at what they tried to do last go-round might provide some insight and this included dramatically changing the prevailing wage requirements (didn't happen) and tightening the adjudication of H-1B petitions (happened). But the U.S. economy relies on foreign workers in general and H-1B workers in particular so I think in the end, there will just be some tinkering around the edges.
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- pcl 2y agoWhat are the pitfalls to watch out for when following the I-130 process? I’ve read a bunch about applying for a green card from within the US, but not as much good info for the I-130.
- proberts 2y agoIf you are applying for a family-based green card while outside the U.S., then the main challenges are timing - these take longer than U.S.-based applications - and travel to the U.S. - while travel to the U.S. is fine while in the I-130 process abroad, you should expect to be questioned when you enter the U.S. about your plans; CBP will want to make sure that you are not trying to circumvent the process abroad while entering as a visitor and then applying for a green card when in the U.S.
- ltlftp 2y agoWe are a group of 3 founders. One with J1 Visa, one with H1B and me (outside the US). We would like to incorporate in Delaware and I know this is no problem for me, but we are trying to figure out how the other two founders can legally work on the company when established. Any advice? Thanks Peters.
- proberts 2y agoThey would need work visas and (assuming that they don't qualify for a country-specific visa) the potential options are the H-1B and O-1 (and possibly the E-2 depending on their countries of citizenship and other factors). Because this analysis is so fact-specific, you will need to have a consultation with an attorney to explore the options.
- ltlftp 2y agoThanks! We'll consult one. Quick follow-up: In principle, would it be possible for them to keep their current job while working on the startup, or would they need to leave it entirely?
- jjmarr 2y agoCan a TN classification denial result in immigration detention? If so, how can I mitigate that risk? For context, a Canadian woman recently tried to enter into the USA from Mexico and get TN-1 status. Instead of refusing her entry, officials detained her and she's been stuck for 10 days waiting for deportation. https://www.theglobeandmail.com/canada/article-canadian-woman-being-held-in-us-detention-centre-after-attempting-to/ https://www.theglobeandmail.com/canada/article-canadian-woma... It's unclear to me how big of a risk this actually is for the average "Canadian goes to the USA" story because of her specific factual scenario. Presumably I don't want to enter from Mexico, but is it advisable to take flights from a TSA preclearance airport in Canada so I'm not actually in the USA if the classification is denied?
- canucktrash669 2y agoShe crossed overland. Imagine you do pre-clearance out of a Canadian airport. Can they kidnap you out of country and ship you to a US detention center?
- walrus01 2y agoCanadians may be often unprepared and shocked how aggressive and militarized the southern border is, compared to crossing at northern border land entry points.
- cmrdporcupine 2y agoI rarely find the pre-clearance process to be all that nice when compared to internal clearance. When I traveled a lot to NYC I far preferred to fly out of Toronto island and do immigration at Newark vs flying out of Pearson. The tone was entirely different. I personally am not sure that pre-clearance should even continue given current diplomatic tensions. Having an armed foreign police force from a country whose official head of state says it wants to occupy you... doesn't seem wise.
- kevin_thibedeau 2y ago
- theyknowitsxmas 2y agoWhy move at all when you have no tax or medicare liability signing w8ben?
- jbombadil 2y agoHey Peter. Is there any way to confirm whether a request to USCIS to bump a case from F2A to IR was recevied or acknowledged? We haven’t received any 797-C or any other confirmation. Thanks!
- proberts 2y agoYu won't receive anything in writing; sometimes by calling USCIS and escalating to a supervisor, this can be confirmed.
- galaxyLogic 2y agoWould it help to send all correspondence to them as certified or registered mail so you can prove they have received your application?
- jbombadil 2y agoThank you Peter! (not just for this answer, but for doing these AMAs in a regular basis!)
- imarkphillips 2y agoPeter, I'm curious as to the easiest way for Australian founders to get a long stay visa and work permit for the US while working for their own (Delaware) company?
- proberts 2y agoFor Australians, even Australian founders, it's always worth looking at the E-3; this is even truer now that USCIS has said that under certain circumstances founders can get H-1B visas (and the E-3 is similar to the H-1B). The other options for Australian founders are the E-1 or E-2 treaty visa or the O-1 visa but these take a lot longer to prepare and are much more expensive than the E-3. But if you are inclined to explore the E-3 path as a founder, then absolutely consult with an attorney who has handled E-3s for founders (and there are lots of attorneys who handle visas for Australian founders).
- imarkphillips 2y agothank you
- emehex 2y agoScenario: A Canadian tech worker (software engineer) has been working in tech for 10-ish years, however, their University degree (general BA, BSc, etc) does not match the work that they've been doing. Would this person be SOL for a TN/H1B? To improve their chances would it be advisable to get a 1-year accelerated Master's in the field (CompSci, AI)?
- tacostakohashi 2y agoThere is a 3 years work experience = 1 year of degree study rule. You can probably use your experience (3.3 years of a degree) + actual degree to qualify.
- proberts 2y agoThat's right, for H-1B purposes, you can qualify based on a combination of education and experience (or even just experience) evaluated to be the equivalent of a 4-year U.S. bachelor's degree (in a field related to the H-1B job). There also are a limited number of TN occupations where a bachelor's degree isn't required or an unrelated degree can work.
- 3Samourai 2y agoI am French, and I will incorporate in Delaware. Is the ESTA dangerous in this case, for example, if I go to SF in June?
- proberts 2y agoThat depends entirely on what you will be doing when in the U.S. While you can't work in the U.S. as a visitor, there are lots of activities that you can engage in as a founder while in the U.S. as a visitor. See one of my responses above regarding permissible activities as a visitor.
- 3Samourai 2y agoCould you please share your contact details so I can reach out to you for legal assistance if needed?
- frakkingcylons 2y agoHis profile has contact information.
- spiff2025 2y ago[dead]
- fblp 2y agoHow risky is the E-3 to Eb1 green card path for moderately successful founders in this current political environment?
- proberts 2y agoDo you mean because the E-3 visa not a dual intent visa?
- spiff2025 2y ago[dead]
- kyawzazaw 2y agodoes H-1B transfer need valid passport? Would pending asylum documents would suffice?
- santi387 2y agoHi Peter, thanks for doing these AMA. I was counted against the H1-B cap in 2017 and worked for about 3 months before I left the states. Would I be able to use the rest of my time now if I were to get a job in the states?
- proberts 2y agoIt's not guaranteed but likely yes; we've done H-1Bs (without having to go through the lottery again) for foreign nationals who haven't been in H-1B status for nearly 10 years.
- march14user1 2y agoHello Peter, I have a situation. I am on H1B and I am being forced out of my job. My wife is also on H1B. After consulting some attorneys, I have decided that I will move to H4 status under my wife, while I search for the new job. Will this protect me until I get a new H1B with new employer soon? What should I be cautious about? For what it is worth, I also have EAD through I-140 pending, but I am deciding not to use the EAD and move to H4 dependent as soon as my H1B expires when I terminate my job. Let me know if I have to be cautious or aware of any circumstances that can put me or my family situation in jeopardy.
- proberts 2y agoThat's probably the right advice, you don't have to be cautious, you can look for work while in H-4 status (or while an applicant for H-4 status). The issue is this: if you find a new H-1B employer before your H-4 change of status application has been approved, while the new H-1B employer can file an H-1B petition for you, upon approval you likely will have to depart the U.S. and reenter with a new visa (if your previous H-1B visa has expired) or reenter with your previous still-valid visa and new H-1B approval notice. The point is this: USCIS likely will consider you ineligible for a change of status to H-1B when your underlying status is not H-4 but an applicant for H-4 status.
- dangrape123 2y ago[dead]
- manish_gill 2y agoI think I qualify for EB-1C, but does one need to be present and already living in the US to apply for it, or can that happen from the current country of residence? Or is the general path: L1 -> Move -> Apply for EB-1C once migrated.
- proberts 2y agoMost people go the EB1C green card route after they are in the U.S. in L-1A status but that's not required; the entire green card process can be done while the applicant is outside the U.S. and not yet employed by the U.S. company.
- manish_gill 2y agoIs it recommended or not? I've heard anecdotally that going through the Consular services to obtain EB1C is not recommended - because you can get denied easily without any protections you might get from being in the US.
- bubblethink 2y agoYou don't have protections in the US per se. If you are on a visa, your visa will remain valid and continue on its own terms. Your GC application is orthogonal.
- Trufa 2y agoIf I have no bachelors degree and I'm trying to prove 12 years of experience, how does this affect if my changes, I do have the 12 years, but it seems arbitrary to define if they count or not. Thank you very much for the feedback.
- proberts 2y agoThe 12 years of previous full-time experience has to be documented with employment verification letters and the experience needs to be at a professional level.
- hiddencost 2y agoIf a transgender software engineer who is a US citizen applies for asylum in a non-US country, are they at risk of losing their US assets (e.g. a home) or having their US accounts frozen?
- proberts 2y agoI can only respond about the potential U.S. immigration impact but there is nothing in the law at present that would allow the U.S. Government to take away your citizenship. It's unbelievably upsetting and shocking, to me at least, that a U.S. citizen would ever have to seek asylum in another country but that's the world we're living in now so it's a fair question.
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- sfblah 2y agoI'm a citizen, but I work with folks who are from India and are in the Green Card system. They have application dates going back all the way to 2015. They constantly tell me stories of how the date for being able to get your GC changes and that some people think for Indians it's going to take 20 more years. Can you explain how that works and what's going on there?
- elevatedastalt 2y agoOnly about 7500 or so Green Cards are issued every year to Indians in each employment based category (capped due to the per-country cap that's applied to India, China, Mexico) in each of the few employment based categories. The number of people who have applied for these categories in the last 10-15 years is much more than 7500 a year, typically almost 10x, so the line moves at a glacial pace, usually moving a month every year. The line for EB-2 and EB-3 (where most Indians are) is currently servicing those who applied in Summer 2012. So if your colleague got in the line in say Summer 2015, that's 36 months away. At the current pace it could easily be 20-40 years before their turn comes. Also remember that there was a massive tech boom in the 2014 to 2019 period, so a LOT more people applied during that time so the movement of the line will slow down even beyond the current 1 month per year rate. If your colleagues applied in 2016 or beyond they are unlikely to get it in their lifetime unless the per-country caps are removed. Finally, you'll sometimes hear the word "retrogression". That refers to the line actually moving "back". This happens because the date that the USCIS announces as the "pointer" to who is being issued cards is an estimate based on the recent green card issue rate. Sometimes it can move back if they had to issue more green cards than they expected to (since people can apply for spouse and kids together when their turn comes). Sometimes it moves forward faster if the number of people they expected to apply for the final processing stage turns out lower than their estimation.
- square_usual 2y agoHey Peter! In the current climate, what steps would you suggest for foreign-origin workers to stay safe from being detained? I know some of my foreign-born friends are carrying their EADs with them in case they are stopped by ICE, but in some statuses (e.g. H1B) that is harder to do, as you'd have to carry around your passport.
- proberts 2y agoStrictly speaking, the law requires a foreign national to carry proof of status. It's not something that ever has been enforced but it might be now. Such proof would be a valid passport and the most recent I-94 admission record. If applicable, such proof also would include an I-797 approval notice and/or EAD.
- abaymado 2y agoIf my asylum application gets denied, what options do I have? I came to the U.S. as a minor and have little to no memory of my original country. I applied for asylum in 2016 and have been waiting for an interview ever since. Given my pending status, are there any other pathways to obtaining a Green Card or legal residency that would allow me to travel? Edit Additional Question - Some of us like myself, came to the U.S. as children, following our parents after being forcibly removed from our home countries by authoritarian leaders who targeted us because of our "tribe". Despite this, the current climate often unfairly associates undocumented immigrants with criminal activity. How can someone in this situation avoid being wrongfully labeled as a “criminal immigrant,” especially in the event of an ICE raid?
- darksaints 2y agoI am neither OP nor a lawyer at all, but I do have experience watching authoritarian regimes destroy a country in real-time. One of the most terrifying things to me is the breakdown in the rule of law, because you no longer have any expectations to plan against, and anything can happen. I would never counsel against getting legal advice, because competent legal advice is going to be one of your best assets for planning every possible future outcome. But I would caution you that in this environment, you also need to plan for what to do when the legal advice can no longer predict or inform outcomes.
- proberts 2y agoSometimes there are employment-based green card paths that can help for those seeking asylum but whether going down this path would allow you to travel would depend in part on your immigration history - what your status was when you came to the U.S., when you/your parents applied for asylum, etc. If you haven't already, you should speak with an immigration attorney to look at all options, including those based on employment.
- nartho 2y agoThat would be an employment visa, not green card. It can lead to a green card in some cases but it's complicated (depending on the country of origin it can take an extremely long time)
- hoerzu 2y agoLove you AMAs been so helpful. Do you think did O1 get harder. How do you see changes through the Trump administration?
- proberts 2y agoOther than national interest waiver petitions, which were getting harder before the change in administration, I haven't seen anything getting harder and in fact it seems that USCIS is more receptive now to EB1A filings.
- timtamboy63 2y agoHi Peter - thanks for doing this. I'm currently on a H1B and transitioning to an E3 visa. However, I did get married to a US Citizen and am also applying for my green card via marriage. I need to move to the E3 as my H1B maxes out before I can get a green card. I have a few questions: * The E3 visa is a non-immigrant visa, but I assume getting married to a US citizen implies immigrant intent. My lawyers tell me it's not an issue as long as I wait 90 days after getting the E3 to apply for the green card. Does that sound right / any concerns? * How long are you seeing current wait times for the marriage based green card end to end after applying? I'm mostly concerned about not being able to leave the country for 1-2 years (even with filing advanced parole) * I'm also going for the employment based green card and we've filed my PERM (3 months ago). That doesn't really seem like it;s going to work out in time for it to matter. Does that sound right?
- proberts 2y agoMy responses in order: 1. The safest advice is to wait at least 90 days after entering the U.S. before applying for a green card; however, applying for an E-3 visa after getting married to a U.S. citizen involves some risk. If you are in the U.S. and just changing your status to E-3 from H-1B (and not applying for an E-3 visa), then you really don't have to wait the 90 days. 2. Until January 20th, less than 6 months typically although there was variation depending on place of residence. It appears, however, that USCIS is bringing back the in-person interview as part of the marriage-based green card application process and this will slow the process down considerably to what it was before, which was one to two years. 3. Absolutely; the marriage-based route should be much faster.
- elbi 2y agoCan you open a business in USA without being there, living there? Greetings from Kosovo!
- abxyz 2y agoNot Peter but yes. The U.S. is pretty easy to incorporate in from overseas, many agents offer the service, such as Stripe Atlas and Firstbase. Keep in mind, the U.S. tax system is much more complicated than most other nations so unless you specifically need a U.S. entity, pick a country with friendlier tax laws.
- mulakosag 2y agoOpening a business is easy but opening a legit bank account with brick and mortar presence seem to be difficult.
- div_eq_inc 2y agoHi Peter, thank you for your time. On an L1-A visa, can my company file my perm while I return home to get a new L1 visa (my visa is expiring and the date on I-129s is the same as the visa expiration date)?
- alwaysanoob 2y agoHi Peter, Thanks for doing this. I am a Canadian citizen born in India and ~ 6 months ago moved to work for a FAANG company on a TN visa from Canada. The company applied for H1B visa lottery this year and awaiting the results for that. My question is if I get through the H1B lottery - How does it impact my options to switch employers in the future? Would I be able to work on H1B for future employers? - My partner (Canadian citizen) is currently on a TD visa (which does not allow work) but actively searching for positions eligible under the TN categories. If my status changes to H1B, would she be ineligible for a TN visa? Are there any obvious advantages of H1B other than eligibility for applying for a green card (which is a loooooong wait for people of Indian origin)
- 1oooqooq 2y agoask company to bring you on a L visa. H visas are not a good option for transfers, only new hires.
- Detrytus 2y agoDepends on how you look at this. L visas are not subject to lottery, but then that brings much more scrutiny from USCIS. Also, you are tied to your employer, you cannot change jobs easily. H visa, once you get it by lucky draw, gives you much more flexibility. And it's perfectly fine to use H-1B for intra-company transfer.
- robofanatic 2y agoYou’ve got it reverse. You can transfer H1b to another company (without going through lottery again) but you cant transfer L1 visa to another company. L1 visa is used to transfer an employee from a foreign branch to the US branch of the same company, once in US if they want to change the company the new company has to sponsor their H1
- 1oooqooq 2y agoi got his comment wrong then. looked like he just going to the USA office of a place he's already working at overseas
- redelvis 2y agoHey Peter, thank you for doing this! Is it possible to build a successful o1 case for a founder, who's been digital nomading for years and can't build his case based on achievements from one specific country? Any tips?
- ahussain 2y agoIANAL but I don't think there's a need for O-1 evidence to be from a specific country. The evidence just needs to credibly show that you're extraordinary. You can try https://o1pathways.com/ https://o1pathways.com/ to evaluate your profile.
- abrichr 2y agoHi Peter, I have a few questions: 1. I currently do consulting for US clients through a Canadian corporation. If I accept a full-time job in the U.S. (e.g., on a TN or H-1B visa), can I continue consulting for other clients? - Does the answer depend on the visa type? - Are there any restrictions on self-employment or side income? 2. Can I set up a corporation (LLC, S-Corp, or C-Corp) in the U.S. while on a work visa? - Can I be a shareholder? - Can I take dividends? - Can I actively work in the business? 3. What legal structures allow me to maximize flexibility while working in the U.S.? - Would an O-1 visa allow for more flexibility? - If I move under a TN visa, can I later transition to an E-2 investor visa to run my own business? 4. What are the best options if I want to move to the U.S. while keeping the ability to do high-paid consulting? - Should I aim for a Green Card as soon as possible? - Is there a specific visa category that would allow this? Thank you for your help!
- hervature 2y agoI'm not Peter. IANAL so do your own homework. However, I have been on TN visas for almost a decade. 1. Once you enter the US on a work visa, you are only authorized to work under the restrictions of that visa which are normally tied to a single employer. The "I was working remotely for a Canadian corp" does not fly legally speaking. Wherever your feet are are "where" you are working. That being said, one little known thing about the TN visa is that you are allowed to have multiple of them issued for multiple employers. If you get one from all of your clients, you can continue working for those clients while you are in the US. Practically speaking, they cannot tell you are working remotely and your clients are sending payment to the Canadian corp. However, if audited, do not expect to ever be allowed back into the US. 2. Anyone can start an LLC. You do not need a work visa. However, if you do not have work authorization to work for that company, then you cannot legally work on that business. 3. This is going to be a matter of preference and what you classify as flexible. TN visas are very convenient and issued at the port-of-entry which makes them quick to process. They are also indefinitely renewable and multiple can be issued for multiple employers. The other visas you mention will take months to process. The rules to transition to E-2 are clear "If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification." 4. Consulting is one of the most scrutinized jobs under the TN classification. I do not like being the bearer of bad news but obtaining a Green Card is now a 5+ year process unless you qualify for EB-1 or marry a US citizen which you can get right away. However, you probably do not qualify based on the fact you are focused on consulting. I am not an expert on E-2 visas so I don't know how consulting is treated under that visa but it may very well be your best bet.
- abxyz 2y agoPossibly too broad of a question but any insight you can provide on the definition of "work" in the context of being a digital nomad in the U.S. would be helpful. For example, if I am a European citizen who works for a European company and enters the U.S. on a B-2 for a 2 week vacation, is it reasonable to interpret the prohibition on "work" as meaning I am not allowed to participate in the U.S. labor market but does not prohibit taking a zoom call with my team back in Europe? The common sense application of immigration law is that it's not work for immigration purposes but I'm curious if you have a more nuanced take and/or any insight. According to "International Digital Nomads: Immigration Law Options In The United States Abroad" published in The Georgetown Law Journal[1] some jurisdictions have specifically said that it is not work which is what I'm leaning on for my current (optimistic?) view. "Directors of the CBP office in South Florida, a leading winter locale for visiting “snow birds,” recognize that “[w]orking remotely from the US for a foreign employer, by itself, is not a violation of B visitor status” so long as “the work is incidental to the primary purpose of the trip,” which is a permissible visit." [1] https://www.law.georgetown.edu/immigration-law-journal/wp-content/uploads/sites/19/2024/02/GT-GILJ230024.pdf https://www.law.georgetown.edu/immigration-law-journal/wp-co...
- proberts 2y agoThe last paragraph is correct and well said; as long as the trip is "brief" (that is, you haven't effectively moved to the U.S.) and your work-related activities for your European company are incidental to the primary purpose (that is, your primary purpose is not to somehow work for your European company), then you should be fine. Where digital nomads run into problems is when they're spending a lot of time in the U.S. and effectively have moved to the U.S. as a visitor.
- YZF 2y agoThat's interesting. I would have thought that any work, incidental or not, would be a violation of the visa. I've heard of people being harassed for e.g. doing work on their vacation property (e.g. Canadians owning US property) while they were vacationing even when it's something small/minor.
- factorymoo 2y agoHi Peter, thanks for doing this AMA! I’m a cofounder of a startup in the US. Two of us are here on green cards, but our third cofounder is based in Switzerland. He has a PhD from a top university, previously founded a company, and has raised over $30M in the past. At what stage would it be possible for us to bring him to the US on a visa? Would it be: - As soon as we incorporate a C Corp? - After raising funding? - Once we have revenue? Are there any specific visa pathways (O-1, L-1, E-2, etc.) that would be most relevant for him, given his background? Appreciate any guidance on this!
- proberts 2y agoThis should be an easy O-1 and you should kick off that process after you have incorporated the company (and done a few other easy company-related things).
- jamesshamenski 2y agoHi Peter, thanks for always circling back to the YC community! I'm curious about LLMs for the legal system that can reference the law and help to guide individuals on the process they need to navigate. How much of Immigration Law do you think can be navigated independently by people? Obviously, unauthorized practices of the law would be illegal *but if it was permissible*, how critical are lawyers in Immigration Law when people are cheap and want to DIY?
- proberts 2y agoI think that the drafting of documents/forms, the development/drafting of arguments, and the creation of letters of reference are rapidly being taken over by AI and I think within a year, immigration practice will look totally different. There are a number of companies doing very interesting things who are offering this service to would-be immigrants/founders. The immigration lawyer's role probably will be reduced to determining the best immigration path, advising on job changes and international travel, and navigating criminal law issues but the execution of applications probably will be handled almost entirely by AI with double-checking by the lawyer of course.
- darth_avocado 2y agoHi Peter, given that companies are constantly laying off employees, what options do people on H1B have in an event they are out of a job? One can find a job but a 60 day time restriction can be very challenging. It’s almost impossible to apply, schedule multiple rounds of interviews, get an offer AND file the immigration paperwork in that time. A lot of people have established lives and have been here for decades because of the green card backlog. How would one maintain presence legally in the US in such a case?
- proberts 2y agoA few years ago when there were a lot of layoffs at big tech, USCIS published guidance on the options for those who lost their jobs. This guidance just validated what attorneys were advising anyway but it was reassuring. Whether USCIS will stick with this guidance is another question. But the main advice was to file an application to change status to B-2 or B-1 (if the terminated worker couldn't join his or her spouse's visa as a dependent). If the terminated worker was in H-1B status and filed such an application, then he or she would not have to go back into the lottery after finding a new employer. Because of the backlogs in most green card categories, a green card filing as a solution isn't a solution anymore.
- gist 2y ago> after finding a new employer. Obvious question then does the employer and the job have to be similar to the job that they had (and how similar and what is the test)?
- proberts 2y agoNot at all; the job just needs to be related to the employee's education.
- Detrytus 2y ago@proberts - not sure how that works, can you clarify? I know that normal B1/B2 visa in theory allows 6 months stay in the US, so is that what you are suggesting? If you are fired from your job then just pretend to be a tourist for the next 6 months? Isn't that obviously violating the stated purpose of B1/B2 visa, and asking for a ban to enter the US in future?
- ajhool 2y agoFor a U.S. citizen who resides abroad (3 years, NRA spouse) with a single-member LLC doing consulting software work for U.S. clients, what U.S. address should be / can be used for the business address of the LLC? Registered agent? Separately, I know many startup founders who have long-term software developers ("contractors", apparently...) in other countries like India, Brazil, etc. Paying them with whatever random popular money transfer service. It's common practice but is it legal or risky on the U.S. side?
- proberts 2y agoThis really isn't an immigration question but a corporate/employment/payroll/tax question.
- galaxyLogic 2y agoDo Greencard holders have right to Social Security? What can you do if you are denied it? Background: I was a GC holder and the expiration date on the GC was past due by the time they processed my application for social security. BUT I had also already applied for citizenship, and when doing that online the website informed me that my CG status was automatically extended a year or so because I had applied for citizenship. I showed the Social Security Administration the printout of the document that showed my GC status had been automatically extended. But they denied my social security application with the reason "We have not been able to determine your age is > 64". I had been to the SS offices several times showing them my actual greencard and my valid passport from my country of origin. The government issued GC showed my birthdate. Also I showed them the printed social security statement they used to mail me every year or so, showing my age. So it seems to me I was denied social security on totally false premises. They surely were able to easily and reliably determine my age. How can this happen in USA? Why would they do this? Do they have a standing order saying "Deny every application you can if it is an immigrant?" What should I do? Sue the government? (I understand you cannot give an exact recommendation what to do in this case, but would that be a viable practical option?) Thanks
- galaxyLogic 2y agoTo follow up a bit: I got my citizenship. Then I was approved for Medicare. Then I applied for Medicate part C and D with the healthcare provider Humana. Humana initially approved my application but then sent me a letter saying my part C and D was DENIED the reason being: "Illegally present in US". I have never been in the USA illegally but always had a valid visa until I got my citizenship. So where did Humana come up with the claim I was illegal? I can only assume that Social Security Administration told them so, perhaps to cover up their mistake that they had wrongly denied me social security. Should I sue Humana or Social Security Administration?
- proberts 2y agoThis isn't really an immigration question so I would recommend that you speak with a benefits lawyer but it's always a good practice when something like this happens to submit FOIA requests with the appropriate agencies to try to find out what's going on.
- sureglymop 2y agoHi all I have a general question that perhaps others can answer too. I am currently located in Switzerland but I plan to move to the US as my partner just got the medical license as a doctor in the state of New York. My question is, as I am currently still located in Switzerland, does it make sense to already look/apply for jobs in the US from here? If yes, what's the best way to do so? If there is a choice, does it make more sense for an immigrant visa to be sponsored by my partner or by an employer?
- CactusBlue 2y agoI have an E-3 visa sponsored by my company. I know that it doesn't have a direct path to green card; so anything that I should be doing now at this point for permanent residency?
- proberts 2y agoUnderlying status has no bearing on green card options. Those in E-3 status can pursue green cards. The issues, which can be managed, involve traveling on an E-3 visa when in the green card process, extending E-3 status when in the green card process, and renewing an E-3 visa when in the green card process. But our clients sponsor E-3 Australians all the time.
- throwaway9099 2y agoPeter, 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?
- chickenzzzzu 2y agoIsn't the requirement 6 months per year in the USA minimum?
- outworlder 2y agoSort of. You need to spend more time in the US than not, but even if you do 6 months every year, there's a high change you'll start to get tough questions when you try to reenter. Longer periods, it gets worse. That said, the GC will only be taken away if (a) you give it up (you can be pressured into doing so though) or (b) an immigration judge takes it away (CBP can send your case to one if they think you are not living in the US) This is why a reentry permit exists and that's what OP is talking about. It allows one to leave the country for two years and can be renewed (not guaranteed though).
- skrbjc 2y ago[flagged]
- proberts 2y ago8-10 years might be tough but definitely speak with an attorney to talk this through. Is this your first reentry permit because you can get reentry permits totaling 5 years?
- garbawarb 2y agoMy company is actively in the PERM process for me, but I'm worried that things will go wrong (for example, failed recruitment) and I'll need to start from scratch. Would it be advantageous to apply for NIW on my own, and could there be any problem with doing both at the same time?
- anon123_unknown 2y agoI am a founder for an early stage startup on H1B. The prevailing wage for a CEO is extremely high in California and will burn my companies runway. It it possible to just show on work part time 20hrs a week in order and get an hourly wage the meets the prevailing wage requirement?
- haint 2y agoHi Peter, I cofound a startup with my friend (US citizen). I am Canadian. What is possible path for me to work in US? TN1 visa requires not self-employment so my startup cannot sponsor me a letter. Thanks
- proberts 2y agoUnder certain circumstances, a TN could work. But the other options for Canadians would be the E-2 (requiring Canadian investment) or O-1.
- komazawa12 2y agoHi Peter, I'm an E3 holder. Thinking about marrying my partner who is a LPR and have a couple of questions: - I entered on the E3 status in January but went to Canada for 2 days in February, does the 90 day rule restart from when I came back in February or when I initially entered in Jan? - Can I continue working in my role after I apply to change my status after marriage to my LPR partner? - Typically how long would I be unable to travel abroad while waiting for parole/adjustment of status? Thanks so much!
- junar 2y agoF2A (Spouses and Children of Permanent Residents) isn't current. Even after you marry and your spouse files I-130, you'll likely be in for a wait before you can file I-485 to adjust status. You can and should maintain your E-3 status in the meantime. Since E-3 is not dual intent, the safest option is to avoid international travel until I-485 is approved. Re-entering on approved advance parole is allowed, but not if your I-485 is suddenly denied.
- proberts 2y agoMy responses in order: 1. When did you actually decide to marry your partner (if you've even decided)? If this decision occurred after you returned from Canada, then there's no requirement to wait 90 days. 2. Yes. 3. This is changing but now it seems to be taking at least 6 months and creeping to 9 months and even longer to an advance parole.
- firefax 2y agoWhat's your favorite taqueria?
- firefax 2y agoUpvoted, but no reply. It was a sincere question ;_;
- manishsharan 2y agoAs a Canadian Citizen with a extra serving of Melanin, what are the chances of my getting detained by ICE when visiting my family in USA for a week ? https://globalnews.ca/news/11080371/canadian-woman-detained-ice-example-immigration-border/ https://globalnews.ca/news/11080371/canadian-woman-detained-... Edit : fix typo Also added context.
- hervature 2y agoIf you cross into the US at a port-of-entry and are admitted as a visitor then you are good whether or not you took Melatonin supplements. If you enter illegally or associate with people who entered illegally, don't be surprised if you are caught up in a raid. However, even if you get detained, if you have no criminal history, you will get released after arrested because there are no more beds [1]. Seriously though, if you are going to make a cheeky reference to race, at least get the reference right. Melanin is responsible for darker skin [2]. [1] - https://www.newsweek.com/ice-seeks-more-bed-space-detainee-numbers-hit-maximum-capacity-2043662 https://www.newsweek.com/ice-seeks-more-bed-space-detainee-n... [2] - https://en.wikipedia.org/wiki/Melanin https://en.wikipedia.org/wiki/Melanin
- manishsharan 2y agoLighten up dude !
- kotlip 2y agoHi Peter, suppose a Canadian founder got denied at the border for a B-2 visa and was asked to bring proof that they are not participating in the US labour market (ie. hiring in the US which they are not doing, they are just visiting their S/O). What kind of documents would constitute this proof? Thank you for doing these AMAs, it's really appreciated and very helpful.
- proberts 2y agoThe standard documents are proof of employment abroad (in Canada) and Canadian bank account statements showing sufficient funds to support himself or herself while in the U.S. Also, something pulling this person back to Canada, such as a spouse or significant other or other ties and/or responsibilities.
- EarlKing 2y agoHow do you sleep at night knowing corporations use your advice to import scab labor that displaces the existing population?
- compiler_queen 2y ago[flagged]
- mulakosag 2y agoWhen have corporations cared for population? They exist to make money and they will try to abuse the outdated system as much as possible.
- mulakosag 2y agoHi Peter, What are the legal ways US graduates in F1-OPT and F1 STEM OPT start their startup in the form of LLC. I found conflicting information that F1 OPT holder can own/start a LLC but cannot actively work or mange it. How do I even launch my startup if I legally cannot be the owner of it?
- proberts 2y agoI always tell F-1 students that if they look at the guidance from 10 different schools, they will get 10 different answers on whether and how a student on OPT and STEM OPT can start their own/can work for their own business. But the law is clear, it's 100% fine while in OPT status and 100% fine in STEM OPT status under certain circumstances. My only advice is that before talking to your international student office, talk to an immigration attorney so that you don't misstep.
- mulakosag 2y agoThanks Peter for the response. School's DSO seem to be less knowledgeable on the subject matter they are advising on.
- akudha 2y agoHi Peter Are there any legal ways to earn money outside of my employer on H1B, at all?
- nothrowaways 2y agoWhat citizenship will a naturalized citizen get if they lose their citizenship and where will they go?
- mandeepj 2y agoCountry of birth, if not a dual citizen
- ceejayoz 2y agoNot necessarily. People can and do get left stateless (https://en.wikipedia.org/wiki/Al-Kateb_v_Godwin https://en.wikipedia.org/wiki/Al-Kateb_v_Godwin involves someone born in Kuwait but not a citizen); countries can and do reject deportations even of their own citizens (https://www.nytimes.com/2025/01/31/world/trumps-deportations-only-work-if-countries-agree-to-take-their-citizens-back.html https://www.nytimes.com/2025/01/31/world/trumps-deportations...).
- mandeepj 2y agoNope! Citizenship is a basic human right. No one can be deprived of it. Middle Eastern countries have strict laws regarding citizenship; in that case, the person would have the citizenship of their parents. If one can prove legally their citizenship, that country is bound to take them back if deported. #4 -> https://www.mea.gov.in/Speeches-Statements.htm?dtl/38990/Statement_by_External_Affairs_Minister_Dr_S_Jaishankar_in_Rajya_Sabha_February_6_2025 https://www.mea.gov.in/Speeches-Statements.htm?dtl/38990/Sta...
- ceejayoz 2y ago> Citizenship is a basic human right. No one can be deprived of it. That's great and all, but the problem still exists. https://en.wikipedia.org/wiki/Statelessness https://en.wikipedia.org/wiki/Statelessness > Middle Eastern countries have strict laws regarding citizenship; in that case, the person would have the citizenship of their parents. Well, when Palestine gets international recognition as a sovereign state, that'll solve the problem. Until then, he's stateless. "Kuwait's Nationality Law is based on the citizenship of the parents, jus sanguinis, (Article 2) and does not provide for citizenship based on place of birth, jus soli, except in the case of foundlings (Article 3). For this reason Al-Kateb did not acquire Kuwaiti citizenship at birth, and was thus considered a stateless person. Al-Kateb left his country of birth after Kuwaiti authorities pressured nearly 200,000 Palestinians to leave Kuwait. In December 2000, Al-Kateb, travelling by boat, arrived in Australia without a visa or passport, and was taken into immigration detention under the provisions of the Migration Act 1958."
- ggernov 2y ago[flagged]
- pkkkzip 2y agohi I have a friend in a tricky situation wondering if you could help. he and another founder are both technical cofounders. he decided to be CTO and the other CEO but he is the only director in delaware c corp. The CTO is Canadian and CEO is American. However, CTO found out the CEO wasn't doing in his role. He wasn't committing code and also not contributing to executing, just sitting on his linked in private messages as some way to promise potential investor interest. So to protect the IP, CTO decides to block CEO from accessing github until he can explain and negotiate what to do next. CEO used this as an excuse to terminate the CTO and acquire the IP by automatic buyback and claim ownership of the IP. CTO is currently lawyering up and plans on filing injunction against CEO who acted in bad faith. Will the CTO have trouble getting visas in the near future? It's clear the legal dispute will become public very soon.
- rectangleguru 2y agoHi Peter, thanks for doing this over the years, when going through my own immigration journey reading through your past AMAs was a huge help. For reference, I'm a Canadian who just moved to the US on a TN Visa and I've got a few questions: - What would you say the percentage likelihood range is that the TN Visa is no longer an option for Software Engineers in 3 years time. - With the news of USMCA talks reopening, is it advisable to switch to an H-1B visa? - How long would it take for the government to eliminate the TN Visa, considering the complexity of the process? - If the TN Visa is discontinued, is it safe to assume those already on it will be allowed to work in the US until their Visa expires?
- proberts 2y agoI would never have thought that the TN would be at risk but if relations between the U.S. and Canada continue down the path that we're on, then I don't think it's out of the realm of possibility. I'm not sure how long it would take for the U.S. to get out of the free trade agreement but if the U.S. were so motivated, it effectively could kill the TN very quickly, even if just by policy and practice. So yes, if you can, it probably makes sense to start looking at options to get off the TN, such as the H-1B (but subject to the annual lottery), the O-1, and the E-2.
- roncesvalles 2y agoIn my experience, big tech companies ask their TNs to start participating in every H1B lottery as soon as they join, and switch them over as soon as they bag a spot. TN renewals are risky because you can be arbitrarily judged as having immigrant intent and get rejected, especially the more times you keep renewing them. H1B in contrast is dual-intent so this risk isn't there. Just my IANAL understanding of things.
- radicalbyte 2y agoHow do you protect people visiting or participating in YC from ICE? There have been two dozen stories of random tourists being disappeared for no good reason from all over the US. Given that the policy is in the very early stages of implementation we can expect those numbers to reach the hundreds, thousands and tens of thousands in the next few months.
- worik 2y ago> There have been two dozen stories of random tourists being disappeared for no good reason from all over the US. Really? That is frightening. I plan to be a tourist in the USA within a decade. Can you expand on that?
- Alupis 2y agoIt's BS. Random tourists aren't being "disappeared for no good reason". A "tourist" that overstayed by 2 years without applying for a Visa and/or started working here are being deported back to their home nation - in accordance with the law. There's a tremendous amount of scaremongering, fearmongering, and misinformation being thrown about currently. Majority of it is very much over stated hyperbole.
- gm678 2y ago> Canadian woman put in chains, detained by ICE after entering San Diego border > She said the officer refused to allow her to go back to Mexico and ordered her to be detained. She was kept in a cold room at the border by CBP before being arrested by ICE, who placed her at the Otay Mesa Detention Center. Mooney claimed in the middle of the night she, along with a group of 30 other women, was rounded up to get transferred to a facility in Arizona. CBP wouldn’t tell Team 10 the reason for Mooney’s detention, citing privacy restrictions. https://www.10news.com/news/local-news/never-seen-anything-so-inhumane-canadian-woman-put-in-chains-detained-by-ice-after-entering-san-diego-border https://www.10news.com/news/local-news/never-seen-anything-s... > A German tourist detained by US immigration authorities is due to be deported back to Germany on Tuesday after spending more than six weeks in detention, including eight days in solitary confinement. Both Germans were held at the Otay Mesa Detention Center, a prison in San Diego, California. Brösche and Lofving had attempted to enter the US from Tijuana in Mexico on 25 January. https://www.theguardian.com/world/2025/mar/11/german-tourists-ordeal-reportedly-ending-returned-from-us-detention https://www.theguardian.com/world/2025/mar/11/german-tourist...
- Monk-Mad 2y agoHi Peter, Thanks for doing the AMA. I have a general question/request, but I understand if you think it is not a relevant topic for this AMA. A lot of people tend to equate foreign workers on work visas with "cheap labor", especially in the so called "white collar" jobs; even though there are things like labor market tests and/or minimum salary requirements which have to be satisfied for many employment based visas. Can you please dispel/corroborate this based on your experience with employment based visas?
- proberts 2y agoMy experience like all lawyers is in the end limited and limited to my clients and cases but I can tell you that for my corporate clients looking for talent, salary is usually the least important factor, meaning that they are not looking to pay the least but to find the best employee or at least a highly qualified employee. The competition for talent seems so fierce that my clients do not seem interested in lowballing great candidates. Now this might be limited to the high-end/"white collar" H-1B jobs, as you note above, and not the entry-level/grinder jobs.
- gradtemp1122 2y agoHey Peter, Thanks for doing this. For someone on F1 visa, can they work as a cofounder of a company through CPT. What are the options for this situation?
- proberts 2y agoTheoretically, yes under certain circumstances, but in the end, this is the school's decision and some simply won't allow it.
- GeoAtreides 2y agoCan foreign streamers stream in the US on a tourist visa?
- tsthe 2y agoHi Peter, Thanks for doing this. If the recent trend continues, the May 2025 visa bulletin might have my priority date (May 30, 2013) current for EB-3. Originally, I am on EB-2. I have two questions: Is it worth downgrading to EB-3, or should I wait for my EB-2 date to become current? If my date becomes current, what are the next steps to getting a Green Card (GC)? Is there anything I can do to expedite the process?
- proberts 2y agoThat's always a tough question because sometimes downgrading can actually slow down the process while USCIS gets around to reviewing the downgrading request. If the EB2 date isn't too far off, then it might make sense to wait. There have been times when USCIS encouraged people to downgrade and reviewed them quickly but I don't expect that to happen again any time soon.
- webster451 2y agoHi Peter, Thank you for doing this! I'm on H-1B with an approved EB-2 via my current employer and an approved EB-1A (self-petition). I want to switch employers or take a break. I expected my priority date to become current in Q3 or Q4 2025. Questions 1. If I switch to an H-4 status for a break, can that affect I-485 via EB-1A? 2. I need to visit family urgently and I have got a few offers in hand. Can I quit and travel internationally while the H-1B transfer is in progress and re-enter the US? My stamp expires in 6 months and my partner can mail the approved I-797. What are the general risks here apart from the mail getting lost? 3. Can a change of employment lead to issues with an AOS application in the future using EB-1A?
- proberts 2y agoMy responses in order: 1. Green card applications are prospective in nature, meaning they concern what the applicant will do after getting a green card so what an applicant is doing now, before getting a green card, shouldn't matter strictly speaking but switching to H-4 and stopping work could cause USCIS to question whether you intend to work in your EB-1A field after getting your green card. To be clear, however, the risk of this is low and USCIS's concern if raised easily rebutted. 2. Yes but you would need the original receipt or approval notice (combined with your existing visa) to get back in. Make sure to speak with the company's attorney about this/travel. 3. Unlikely, since the EB-1A isn't based on a specific offer of employment but as noted above, a change to a different field could raise questions about whether you will continue to work in your EB-1A field after getting your green card. To be clear, however, the risk is low that a job change in the EB-1A context would trigger an RFE by USCIS.
- jack_erson 2y agoHi Peter, thanks for doing this! I've heard from a couple of people that O-1a petitions are not as smooth as before. Many people getting RFEs even if the lawyers told them the case was strong. Is one article on a major newspaper normally enough to tick the coverage requirements? Having the agent type O-1 makes it easier to change companies? Some say yes, some say all the companies need to be listed when filing the petition. Thanks!
- proberts 2y agoI haven't seen adjudications of O-1 petitions becoming more difficult but my experience, like everyone's experience, is anecdotal. The regulations are unclear/inconsistent on whether a singular instance of a criterion (media, publications, awards, etc.) is enough to meet that criterion but in my experience, yes (although multiple instances is always better). Once someone has obtained one O-1 visa, it's generally very easy to get the next O-1 (and much cheaper, easier, and faster than getting the first one). That applies whether the first O-1 was a company O-1 or an agent O-1.
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- spacefan1984 2y agoI have a Ukrainian refugee family under TPS, approved through 2027, staying in my guest house in Texas. There are rumors that the Trump administration will revoke the status of TPS peoples in the next month or two. If this happens, my understanding is that this will immediately turn them into illegal aliens, subject to deportation. Is my vague understanding true? Is there anything I can do to help them? I don't mind participating some civil disobedience if it means allowing them to stay in the country longer. Should I gate up my property? Any advice is appreciated.
- epistasis 2y agoHere's an article on it: https://www.reuters.com/world/us/trump-plans-revoke-legal-status-ukrainians-who-fled-us-sources-say-2025-03-06/ https://www.reuters.com/world/us/trump-plans-revoke-legal-st... > The planned rollback of protections for Ukrainians would be part of a broader Trump administration effort to strip legal status from more than 1.8 million migrants allowed to enter the U.S. under temporary humanitarian parole programs launched under the Biden administration, a senior Trump official and three sources familiar with the matter told Reuters. > A move to revoke the Ukrainians' status could come as soon as April, all four said. They said the plans to revoke their status got underway before Trump publicly feudedwith Ukrainian President Volodymyr Zelenskiy last week. > White House press secretary Karoline Leavitt pushed back on the Reuters report in a post on X, saying "no decision has been made at this time." I have been calling every single person I know that has a Republican congress person and begging them to please call their congressperson on the matter. I have no idea if it has any effect. It certainly feels like shouting into the void, and there's about 1000 other things that everyone is angry about.
- spacefan1984 2y agoI feel so helpless in the face of so much chaos, incompetence and malice.
- epistasis 2y agoEven if it continues, there are many in the TPS community that will be stuck in odd situations that prevent them from daily life such as not being able to get drivers licenses. The malice, the excuses for this nonsensical system, and more have permanently damaged some of my close relationships. It's times like this when people show who they truly are at heart.
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- randerson 2y agoIf the Trump administration is successful in ending birthright citizenship for illegal immigrants, what actually happens to those kids who were born here? Could they end up in a "The Terminal" situation where no country will claim them?
- gedy 2y agoDon't most countries grant citizenship to children of parents from that country? I'm sure there's lots of bureaucratic issues if they were never recorded in the parent's country though.
- NRed 2y agoI want to make a paid internship with a US based startup (still need to find a company). What is the path of least resistance in terms of visa?
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- TZubiri 2y agoIf a company issues a temporary visa for an overseas employee, and the employee overstays and cuts ties with the company to become an ilegal alien. Is the visa issuing company penalized or held liable in some way?
- grahamgooch 2y agoIsn’t the green card risk based on a couple of items in the green card process The visa process and the person’s assertions to those visa questions For example - did you every x? And the required answer is No Let’s assume the person did commit X but answers No Years go by and the person gets a green card. The underlying assertion was a lie - therefore the whole stream of events later becomes questionable. The second situation is a new item being added. For example consider the hypothetical scenario that When the applicant filled out his forms - greenpeace was legit. And the applicant was a greenpeace member. Years later the applicant becomes a green card holder. Now years later. The govt classifies greenpeace a terror org. Is the green card holder under threat?
- Natsu 2y agoYou should read the actual questions on an I-485, they don't rely on declarations that any given organization is "terrorist" or anything like that. Now, I think you're right that the statements are only required to be true at the time they were made. That said, if I can get you to look at the I-485 which one fills out to get a green card, and focus on the questions in Item Numbers 43.b. - 43.e, which cover what is essentially material support for a terrorist org, you will see that all of them relate to the group's actions. You can read the questions yourself here on p. 16 of the PDF for an I-485: https://www.uscis.gov/sites/default/files/document/forms/i-485.pdf https://www.uscis.gov/sites/default/files/document/forms/i-4... So the only way the truth of someone's statements could change over time would be if the groups they had given material support to (e.g. money or recruitment) had only engaged in things like assassination, kidnapping, hijacking, sabotage, destroying people or property with weapons or dangerous devices, etc. after the person had already turned in their I-485 form. This isn't very likely to be the case for various Palestine-related organizations that are doing armed resistance, since that armed resistance has been going on for a very long time now. But I suppose it's hypothetically possible in the abstract, and I presume one would argue this at an immigration hearing, since they have to establish immigration "fraud" and parts of that depend on what you knew and when you knew it.
- grahamgooch 2y agoGood points. Thanks for sharing the link. Yikes! It looks like all of part 9 is in play. Ie one had better be absolutely truthful - or self decline, who would ever do that? Also, the problem with the legal definition of “a disqualification requirement” is it can be vague and subject to change. Would I be correct in saying that a strict adherence to USA law is mandatory?
- valiant55 2y agoHow isn't ICE the American secret police?
- gunian 2y agobecause the secret police is different department but they're really nice they've refined a lot of things so they resort to old school methods rarely / if you are a threat
- deleted 2y ago[deleted]
- proberts 2y agoThis has been a very active and interesting AMA so thank you everyone. I will be stopping now and returning tomorrow morning to respond to all the unanswered questions and comments.
- deleted 2y ago[deleted]
- throwaway7783 2y agoDo you know if there is any specific order of processing for greencards? A friend of mine got their EB1a I-485 approved within a month, and I've been waiting for more than 6 months (mine was applied before theirs).
- legohorizons 2y agoThanks for doing this Peter! I'm the founder of an early-stage company seeking to establish an office in Phoenix, Arizona. My situation has specific immigration complexities I hope you can maybe give some pointers on. My spouse is currently subject to a 10-year bar from entering the United States due to an overstay.... We are exploring a hardship waiver (I-601/I-601A) but finding the process challenging while simultaneously managing my business responsibilities. I've been considering various visa pathways including TN, H-1B, and have begun the I-130 petition process for my spouse. Given these circumstances: What strategies would you recommend for addressing my spouse's admissibility issues most effectively? Are there particular hardship waiver approaches that have proven successful in similar entrepreneurial situations? Could you advise on the comparative benefits of different visa pathways in our specific case? Are there any specialized resources or professionals with expertise in cases combining entrepreneurship with complex inadmissibility issues?
- proberts 2y agoSorry for this punting response but the details here really matter (how long she overstayed, how long she's been outside the U.S., whether you or she has any health issues, what your business does, etc.) so I would recommend consulting a business immigration attorney with waiver experience
- appleaday1 2y agoWhats the best way for me to work as a Canadian citizen easily with not much legal hoops for the USA thanks. Math/Comp Sci degree with Physics backgroud.
- dmix 2y agoThere's plenty of remote US jobs that will hire Canadians, but most want you in country. Otherwise find a company willing to hire people on work visas and see if you qualify for a TN visa (an advanced degree related to the field is usually enough), then go to the border at an airport or similar with paperwork put together with the help of an immigration lawyer. They also might know where the best port of entries are to get TN visas approved. Sometimes (Canadian) land borders are better. If you're looking for the harder but longer term route then try H1B.
- iamcreasy 2y agoThanks for the AMA. Recent changes to H1B allowing any organization that conduct research "as a fundamental activity" to be eligible for cap exemption status. What's your comment on this? Based on your work experience with startup, do they ever fit this criteria?
- umutisik 2y agoWhen considering a candidate on an F-1 + OPT, what should be our expectation of their need for H1B sponsorship? What are O-1 and National Interest Waiver success rates for recent PhD grads (in computer science)?
- mberning 2y agoAfter reading this thread it’s apparent that our immigration laws and regulations are just as sordid and obtuse as our tax code.
- polack 2y ago[flagged]
- forabi 2y agoWhat is the chance I can get to the US legally as a software developer from Syria?
- gunian 2y agosacrifice ten goats to mighty god ra :)
- tjmc 2y agoApologies for a trivial question. I have an odd fascination about the edge cases of birthright citizenship. If a non- citizen gave birth in an American embassy, would their child be entitled to US citizenship? What about US Antarctic Territory or aboard a boat within US coastal waters?
- dbg31415 2y agoGiven the recent layoffs in the tech industry, how do you see the role of immigration in addressing labor market needs? Some people express concerns that the H-1B program might be used primarily to reduce labor costs rather than to fill genuine skill gaps. How do you view this issue from a legal and policy perspective?
- joshdavham 2y agoIn the event that the TN visa is scrapped, what would likely happen to current TN visa holders working in the US? Would there likely be some grace period? Furthermore, supposing that no equivalent to the TN visa is proposed in its place, what would be you recommend to these TN visa holders?
- proberts 2y agoUnless the basis for scrapping the TN were somehow that the free trade agreement was unlawful/invalid or the TN itself were unlawful/invalid, I believe that it likely would remain valid until expiration for work purposes but probably not for international travel purposes. What the other work visa options would be would depend on the person's qualifications and job; these would include the cap subject H-1B (but this is subject to an annual lottery), the cap exempt H-1B (available year-round but with a qualifying organization), the E-2 (requiring the creation of a company and an investment or employment with an existing E-2 qualified company), and the O-1 (requiring high standard of acheivement).
- 77pt77 2y agoSomeone has a green-card for 7 years. He's thinking of giving it up. Is there an exit tax for him? Is it only after 8 years? How much is it? Thank you?
- xpl 2y agoNot everyone needs to pay exit tax, only if your net worth is over $2mln or your 5-year average annual tax paid is over $190k or something like that. IANAL so do your own research. Google "covered expatriate".
- 77pt77 2y agoApparently so. Also the 8 year thing seems to be real, but it's 8 tax years, which means that as far as that is concerned he needs to pay. He doesn't have nor made that much money, so he should be good. Given how things are progressing I think he would just leave either way and don't pay anything. The chances of that following him or extradition seem very unlikely with the bridges that the US is currently burning.
- gdedhitchhiker 2y agoHave you contacted worker 17?
- mizzao 2y agoA friend has hired an engineering leader from Ukraine, entering via the United for Ukraine program which authorizes work in the US. Their family, who moved with them, is now very stressed because of the threat of losing work authorization and deportation. What are their options?
- proberts 2y agoThe threat is real, unfortunately. Your friend should look at switching him to a work visa, such as an O-1, which as an experienced engineer, the Ukrainian employee might qualify for.
- Slava_Propanei 2y ago[dead]
- asdf_snar 2y agoHi Peter. As always, thanks for doing this. I am a Canadian currently on an H1B visa, valid until November 2026. I can probably recapture time until early 2027. I just got an EB2-NIW approved, but my priority date is in August 2024, and currently we are serving people in Apr. 2023. It will take at least until next year until I can file my I-485 and get my GC. I am wondering what my options are in case I need to find a new job. My understanding is that the EB2 doesn't help me much unless I can truly demonstrate that the new job continues to advance the national interest in the same way, and that any deviation from what I wrote in my application is grounds to deny the I-485. In case I can't find a new job that fits the exact description I have on my EB2-NIW, and I have to move out of the US, can I still file my I-485 once my priority date becomes current (and therefore get a GC)?
- proberts 2y agoYour understanding about the exact fit between your NIW job and a new job isn't correct. NIWs are not subject to the same portability requirements as PERM-based green card applications. That being said, when you are able to file your I-485 application, you might be asked to demonstrate how your work is serving a national interest, even if this interest is different from the one in the NIW.
- brutus1213 2y agoHi .. wondering what the situation is for a senior Canadian scientist wanting to raise funds/do a start up in the US? Had H1B many years ago (and possibly have a year of time left on it .. not sure that matters). Lots of papers so can go the EB1 route if needed. Want something simple and straightforward. Is transferring via existing employer beneficial (with delaying future plans)?
- proberts 2y agoGiven your qualifications, either an O-1 or E-2 (requiring an investment of Canadian money) through your own company is probably the best option.
- dangrape123 2y ago[dead]
- s16h 2y agoI had fun vibecoding and fine-tuning a model on all past proberts answers: https://news.ycombinator.com/item?id=43374736 https://news.ycombinator.com/item?id=43374736
- proberts 2y agoMind-blowing (to me)!
- memtet 2y ago[dead]
- tekknik 2y agoif a person in the US on a visa changes roles, say from software engineer to manager, and acts in this role prior to changing the visa, is this fraud?