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I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
I'll be here for the next 5-6 hours. As usual, there are countless topics given the rapidly changing immigration landscape and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and I'll try to do the same in my answers.
Edit: I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.
- bmink 1y agoIf you were an immigrant with legal status who lives in the US, would you feel OK traveling? What precautions would you take, what information would you memorize?
- deleted 1y ago[deleted]
- proberts 1y agoYes. I still think that those with student or work visas or green cards should travel internationally. It's just a question of being smart and carrying the right documents. The right documents will vary depending on the status so I can't give a list but I'd recommend having a brief consultation with an attorney. Many like myself won't charge for a 15-minute consultation, which is all that this should take.
- idontwantthis 1y agoWhat would a green card holder need to carry other than their passport and greencard?
- proberts 1y agoMaybe just proof of residence in the U.S., such as a lease agreement or deed.
- idontwantthis 1y agoWhat would happen if they didn’t have that?
- SoftTalker 1y agoI would guess unnecessary delays. Leases or property ownership can be verified with a phone call but probably needs to happen during business hours and if you are prepared everything will have a better chance to go smoothly. Property ownership is public record but a lease might be a bit more trouble to verify if the landlord is privacy conscious.
- idontwantthis 1y agoBut I mean what is the conversation like? “Here are the only documents I am legally required to show you.” “I need to see a piece of paper with a random address and your name on it.” “I don’t have that.” What happens next? They are not able to not let you in.
- SoftTalker 1y agoUnless you're trying to prove a point, having everything they might want will make the process easier. If you want to get into an argument about what you are "required" to show, you may well prevail, but it may cost you six hours.
- 0xy 1y agoI'm moving to the US on a K1 visa, is it possible to expedite an EAD on the basis of a job offer in an AI field?
- proberts 1y agoExpedites are available for all USCIS filings and while it's worth it to request it here, your reason isn't like to meet the expedite requirements, which are listed on the USCIS website.
- Intermernet 1y agoIs the correct term "Expedites", or "Expeditions"? Legal terminology seems to break language rules... The term for some (plural) things being expedited would be expeditions, but it seems from your response that, in legal terms, this would be expedites. This doesn't sound right. No source I could find agrees with the term "Expedites" as "plural of expedite". It generally returns something on the lines of "A third-person singular simple present indicative form of the verb "expedite.""
- proberts 1y agoExpedites as a noun like invites, arguably not grammatically correct but in common use so correct from a usage standpoint.
- Intermernet 1y agoThanks, I've never come across it before. Guessing it's more common in the US than Australia. Same with Invites/Invitations.
- pctTCRZ52y 1y agoAre the current policies in the US making it noticeably more difficult for you to secure work visas for your clients?
- proberts 1y agoNot yet. The main changes that we're seeing are with CBP at the ports of entry. CBP is being much more aggressive in questioning those seeking admission, including searching electronic devices and even detaining applicants. But nearly all our filings are still getting approved.
- gopher_space 1y agoI've been through customs all over the world for the past forty years, and US customs are some of the worst human beings I've ever encountered. Why is that function such a shit show? Very familiar with the need for LEO dumping grounds, especially at the federal level, so that's been my working assumption but I've never asked.
- lazide 1y agoBecause it can be, and nearly every administration has a ‘tough on illegal immigration’ stance - because the US is so desirable to go to. A good Great Depression economic reset + insane facist government will reset that a little - but it will still be better than a huge number of places on the globe. Even if the gov’t targets immigrants. A huge number of places with massive populations of people who would love to come over.
- gopher_space 1y agoAre you saying the volume they handle precludes competence?
- lazide 1y agoNo, that the market demand (relative to supply) favors shittiness and extractive brutality over positivity. They are quite competent at their actual jobs, which aren’t the jobs you think they are. Think DMV. Or your favorite shitty cable company ISP.
- RyanOD 1y agoIf possible, I'd like to hear about your typical day/week of work (is anything "typical" in your line of work?). Thanks! Edit: Typo
- proberts 1y agoFor me, I have about 15 30-minute calls each day with existing and potential clients during which we discuss their chances of getting temporary work visas or green cards and issues around international travel. The rest of the time, I'm reviewing applications and responding to emails from staff and clients. It sounds pretty mundane but despite the stresses of the job and the challenges associated with the new administration, I still really enjoy what I do because I have a wonderful team and I get to interact with really smart people doing super interesting things and help them realize their dream of living and working in the U.S.
- koolba 1y agoI’m sure each case is unique, but there must be a lot of similar situations and repeat issues. How often do you get a new curveball in the process? Though perhaps this is an unusual year to be asking that.
- proberts 1y agoGood question. There are a lot of repeat issues but because every person's background is different and every person's circumstances are different, every case is different, which keeps our work challenging and interesting.
- drcongo 1y ago[flagged]
- mc32 1y agoDon’t you have to be guilty of a crime to be sent down there? For the vast majority of people who violate their visas, they simply get sent to their home country. If you’re willing to remain in your home country out of fear of US policies, it’s very likely your home country would take you back and not disown you.
- barbazoo 1y agoLots of people being detained for extended periods of time at the Canada/US border. I wouldn’t be so optimistic unless your situation is bullet proof.
- _alternator_ 1y agoWhile it’s not typical to be sent to CECOT in El Salvador, you don’t need to be “guilty” by the government’s position. They assert the right to send people down there based on allegations that have not been tested in any court.
- mc32 1y agoIf you come here legally and don't commit a crime, they won't send you down there. If you come here legally and commit a crime, you'll get sent back to your country of origin. People being sent down there came here illegally.
- sjsdaiuasgdia 1y agoIf we discard rule of law and due process for anyone, it is threatened for everyone. They're defying courts, they're not following the law. This does not end well for anyone, at all. It is incredibly dangerous territory.
- 1y ago
- tempfile 1y agoIs asking about Recurse Center on-topic? I wanted to apply, but I genuinely don't consider it safe to travel to the US. As far as I can tell there is no comparable bootcamp-style retreat in EU :(
- hoseyor 1y agoWhy go to the USA then? The world is big. Go somewhere you don’t feel unsafe about.
- tempfile 1y agoI'm not going to the US - that is the entire point of my comment.
- avinassh 1y agoI am not sure if it helpful to you, but I did RC remotely and my experience was great
- tempfile 1y agoThat is helpful to me! How did it work? I imagine a lot of RC interactions are kind of spontaneous, and I never understood how that would translate over the internet.
- Detrytus 1y agoDoes being "busted" by Customs (i.e. carrying some items that should be declared, but going, and being pulled of from "Nothing to declare" lane) affects admission to the US at all? I was let go with just a warning for my "offense", but still the customs officer took my passport and make some note in the system. Should I expect secondary inspection next time I cross the border?
- proberts 1y agoYes, you probably will be pulled into secondary again but you should be able to get this cleared up in connection with future travel by filing a "complaint" with DHSTRIP. But you should only submit a complaint if and when it happens again; you shouldn't submit one preemptively now.
- neom 1y agoThere has been a bunch of chatter in Canadian founders whatsapp groups about people getting detained for long periods of time coming into the states either at SFO or pre-clear in Canada. Are you advising Canadians travel with any additional documentation these days?
- __turbobrew__ 1y agoIm a Canadian and go to the US for work fairly regularly. Something I didn’t realize is that the laws are different in preclearance areas. https://laws-lois.justice.gc.ca/eng/acts/P-19.32/FullText.html https://laws-lois.justice.gc.ca/eng/acts/P-19.32/FullText.ht... For example, you are allowed to withdraw your application to enter the US and leave the preclearance area. Additionally you are bound by different laws for search and siezure. At this point I am only going to the US through preclearance areas because you are still on Canadian soil and bound by Canadian laws. That doesn’t necessarily mean that USBP won’t break those laws, but the Canadian courts get to decide if laws were broken instead of the US courts. One thing I have not found a straight answer on yet is if USBP can compel you to unlock your electronic devices in a preclearance area. My current strategy is if I am asked to do that in preclearance I will withdraw my application to enter because Im not letting anyone access to my phone.
- KerrAvon 1y agoThat’s only the Canada -> US leg, though. They can still grab your phone on the US -> Canada return trip, ne pas?
- klipt 1y agoHistorically the US has not had much "exit control". For example leaving the Schengen area it's obligatory to go through "exit immigration" and get your passport stamped. Leaving the US, you show your passport to the airline, but usually there is no formal immigration check at all.
- the_mitsuhiko 1y ago
- blackhaj7 1y agoThanks for this Peter! I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan) What are my options if I was laid off/company went under/perm cert rejected? How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?
- proberts 1y agoUnfortunately, if you get laid off while in L-1B status before you are able to file an I-485 application, which is the last step in the green card process, you would need get no benefit from the PERM/green card process and would need to take an action within 60 days of the end of your employment to be able to remain in the U.S., by filing some type of application with USCIS. PERM processing is still really slow, over a year, but I'm seeing some indications that this might improve.
- AnotherGoodName 1y ago>before you are able to file an I-485 application qq and i'm double checking what my own immigration lawyer has already told me just because i'm nervous on this point. Is filing the i-485 the point at which you can stay? I've filed an i-485 via US spouse and waiting to hear back but the 60day period is looming and obviously nervous on this point.
- proberts 1y agoThe filing of your I-485 application allows you to stay and still marriage-based green card applications are being approved quickly.
- blackhaj7 1y agoThanks Peter!
- sriamanan 1y agoI am on L-1A with an approved I-140 in EB1c. My priority date is not current yet. What are the options if they were laid off.
- galonk 1y agoMaybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks "Are you legally entitled to work in the US?". Am I meant to answer yes or no to that?
- jsbg 1y agoNot a lawyer but have been working in the US on a TN status for multiple employers and I would answer yes and discuss further with the recruiter or hiring manager. TN status is conceivably something you could get without help from the employer (though even the smallest startup hired one to help me set up a package). What you need is basically proof that a company wants to hire you (offer letter), evidence that the company exists, and proof that you fall in one of the TN occupations.
- oldpersonintx 1y ago[dead]
- nrmitchi 1y agoAlso not a lawyer, but wanted to second what jsbg said. I've been through this process many times, and I would always say yes and then mention with the recruiter (even if I had to explain that the process was basically "asking politely for permission at the border"). The underlying question that employers really care about is "will you be legally allowed to accept a job offer without unexpected expenses or delays". Even if you file through USCIS (and not petition at the point of entry), you can (should) have an answer in 14 days and ~2k in fees, which is 1) a drop in the bucket for any hiring budget, and 2) not impactful to a hiring timeline.
- SoftTalker 1y agoEmployers are subject to substantial penalties if they hire someone who is not legally permitted to work. I think they are woried about more than unexpected delays, though I admit I'm way out of my sphere of knowledge on this subject.
- iamcreasy 1y agoThanks for the AMA. Recent change to H1B allow organizations that conduct research "as a fundamental activity" to be eligible for cap exemption status. Can you kindly share your opinion on this? Do the startups you work with fit this criteria?
- proberts 1y agoI don't think this has really expanded the organizations that qualify legally for cap exempt status (we essentially argued this before) but rather signifies a greater openness/flexibility on the part of USCIS to approve organizations as cap exempt organizations. Query, however, whether this openness/flexibility will continue.
- makestuff 1y agoAs someone who is a US Citizen, what is something about the immigration process that I probably do not know about, but causes a lot of issues/could be improved.
- ahussain 1y agoI have lots of examples: * By law, the US can only issue 140,000 employment-based green cards per year, and no more than 7% to one country. This means people from India or China can face a 100+ year backlog, even after they have proved they qualify for a green card. There's no cap on marriage-based green cards. * Processing times for many green cards (i.e. for people who have already qualified, but just need the physical green card), are 12-24 months. * USCIS still expects many applications to be sent by mail. Some applications (like O-1s, EB-1s) require hundreds of pages of evidence, and it all needs to be printed out on 8.5x11" paper, for USCIS to scan it in on B+W scanners. This means that there is no error checking (e.g. on fee amounts), and if you have made a mistake, you might not know about it for weeks. Also, it means your petition cannot include working hyperlinks, webpages, or videos - the USCIS officer judges the petition by scrolling through a 400+ page PDF. * The 'standard' post-graduate work visa is the H-1B. It's entirely lottery-based, not merit-based, and typically there are 400,000+ people competing for 85,000 visas. Many qualified people are forced to leave the US each year because they didn't get selected in the lottery.
- jltsiren 1y agoHyperlinks are often banned in various kinds of petitions and applications. Mostly to ensure that the entire application is submitted at once and does not change afterwards. Then you can process the application in multiple passes (maybe first for the formal requirements and then for the actual content), confident that the conclusions from the earlier passes are still valid.
- louison11 1y agoThe standard for employment-based permanent residency (green card) is extraordinarily high. As in, would likely place you in the top 1-5% of the most successful people in the country. That, or you have to invest $800k and create 10 jobs. No other country in the world requires foreigners to be significantly more qualified than its own population. You can move to France with a regular paying job no problem or just a few thousand euros in savings. Impossible in the US. You have to be extraordinary (they literally call their criteria, "extraordinary abilities") or you have to make top 5% money (so if you work in tech, that would be at least $500k-1M/year in many cases). The only other way is to get married. This means there is a massive discrepancy between the qualifications of self made immigrants, versus those simply lucky enough to fall in love. It's pretty unfair, but that's how it works. But that's also the reason so many immigrants are so successful in the US, the bar is so high, that it creates a massive motivation to succeed to become eligible for the criteria.
- deleted 1y ago[deleted]
- truthseeker006 1y agoHi Peter! Thank you for this!! A while back, ~10 months, I was rejected from a B1 visa in the US. However, I have now secured admission from Stanford and would need to apply for an F1 visa. What can I do to make my case strong and ensure that the previous visa application does not affect my current F1 process?
- proberts 1y agoUnless there was a finding of fraud or misrepresentation, the previous denial shouldn't impact your F-1 visa application; the requirements/standards are different. That being said, because so much is at stake for you, I would recommend that you get an attorney involved. It should just involve one or two consultations so the cost shouldn't be much.
- truthseeker006 1y agoThank you so much!
- miotintherain 1y agoHi Peter, thanks for doing this AMA. I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give your phone and password. Also, what happens if you refuse to do so? Is the worst case scenario that they will send you back to where you came from?
- lbrito 1y agoGiven the very real risks involved, can't your employer waive the travel requirement for the next few years?
- b112 1y agoCulture and society are a road, a path. What if the current path means a permanent shift. What if this administration seems friendly compared to the next?
- BeetleB 1y agoNot a lawer, but the ACLU has a page on this: Short FAQ: https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us#do-i-have-to-provide-my-laptop-passwords-or-unlock-my-mobile-phone-for-law-enforcement-officers-at-the-border https://www.aclu.org/know-your-rights/what-do-when-encounter... Dedicated article: https://www.aclu.org/news/privacy-technology/can-border-agents-search-your-electronic https://www.aclu.org/news/privacy-technology/can-border-agen...
- proberts 1y agoThank you. This is excellent guidance.
- mandeepj 1y agofrom [1]: > Refusal to do so might lead to delay, additional questioning, and/or officers seizing your device for further inspection. Then, there's no point in denying device search? [1]: https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us#do-i-have-to-provide-my-laptop-passwords-or-unlock-my-mobile-phone-for-law-enforcement-officers-at-the-border https://www.aclu.org/know-your-rights/what-do-when-encounter...
- buzer 1y agoDo L1B visa holders have reasonable chance of getting compelling circumstances EAD if their visa date isn't current for EB-3? I'm wondering if I should suggest that option for HR when they file the I-140 (or after if it's approved, whatever the process is).
- proberts 1y agoUSCIS rarely issues I-140 EADs based on compelling circumstances unless there are government/national interests at stake or significant humanitarian issues.
- narenkeshav 1y agoHey Peter, On average, min and max - how many H1Bs do a Seed/Series A,B startups have? From your experience. Thank you for your time, Naren
- proberts 1y agoI'm not sure I understand what you are asking. Do you mean the average per startup or the total number? All I can say is that startups usually can sponsor H-1Bs without issue.
- narenkeshav 1y agoThank you for responding, Peter. Total number.
- proberts 1y agoThere's no limit legally; the only limiting factor is when an employer becomes an "H-1B dependent employer" and then the hiring of H-1B workers becomes much more onerous.
- deleted 1y ago[deleted]
- ushakov 1y agohi Peter! how long does 221(g) administrative processing take to complete in your experience? anything one can do besides waiting (Russian citizen working in tech, almost 1yr without adjustments)?
- proberts 1y agoThis really depends on the reason for the 221(g) and the applicant's country of citizenship or birth. Unfortunately, for those from certain countries, such as Iran and Russia, it has not been uncommon for such applications to go into a black hole and take 1-2 years. For those not from such countries, the process is relatively quick, from a couple of week to a couple of months.
- ty6853 1y agoNot legal advice but I'm a US citizen and when I've refused to answer their intrusive questions the worst that has happened to me is they imprisoned me, stripped me naked and searched me, got a fraudulent warrant for an internal body search, and then sent me the bill after dumping me at the border when they found nothing. Enjoy.
- Exoristos 1y agoCan you explain what fraud was used to obtain the warrant?
- ty6853 1y agoYes. They claimed a dog alerted on me. An anonymous dog, handled by an unnamed officer in the affidavit, which was used as 3rd party inter-species hearsay via a HSI officer to the assistant attorney and judge. A dog did not alert on me. In fact it is against CBP policy to use dogs on a person, they are to be used on your articles.
- csomar 1y agoI think you posted from a new account for privacy and then mistakenly posted from your original account?
- smcin 1y agoWhich entry point was that at, and did you enter by air or land? In particular if it was entering the southern border by land, I heard CBP behavior is much more aggressive.
- footy 1y ago> and then sent me the bill wow, what a horrible way to add insult to injury
- lazide 1y agoCould be worse? [https://en.m.wikipedia.org/wiki/Bullet_fee https://en.m.wikipedia.org/wiki/Bullet_fee]
- atemerev 1y agoWere there any changes in requirements for O visa recently? Did they remove the job offer requirement?
- ahussain 1y agoI'm pretty sure the job offer requirement is still in effect, and will remain in effect, since the O is an employment-based visa. What made you think it had changed?
- atemerev 1y agohttps://rjimmigrationlaw.com/resources/o-1-visa-update-new-evidentiary-requirements/ https://rjimmigrationlaw.com/resources/o-1-visa-update-new-e... "USCIS now permits separate legal entities, such as corporations or limited liability companies (LLCs) owned by the beneficiary, to file O-1 petitions on their behalf. This change provides a significant advantage for entrepreneurs and self-employed professionals." I am interested if it actually works in practice.
- proberts 1y agoWhat was quoted below is really just codifying what existed in practice, that is, founders/owners of companies getting sponsored by their own companies. To answer your question, a job offer/employment is still a requirement and I haven't seen any major changes yet in the adjudication of O-1 petitions.
- noodlesUK 1y agoThanks for doing the AMA! I'm a US citizen born abroad - I got my citizenship via (I believe) INA 320 when I was a child. I have a US-born father who was not eligible to pass on his citizenship at the time of my birth. I lived in the US for most of my childhood up until ~2015 (initially as an LPR), and at some point, I obtained a US passport. I don't have a certificate of citizenship, only a US passport. Given the way the US is going, I'm concerned that one day I'm going to apply renew my passport or otherwise have to prove my citizenship, and I'm not going to be able to sufficiently document it. Is this a real risk? Would you advise applying for a CoC in my circumstances? Am I even eligible to apply for one given that I live abroad? What other steps if any should I take to protect my status?
- proberts 1y agoYou still can apply for a Certificate of Citizenship but there's a cost associated with it and I really don't think it's necessary or even advisable because you are now giving the government a chance to reassess its previous approval. A U.S. passport is always considered sufficient evidence of U.S. citizenship.
- noodlesUK 1y agoThanks. I guess that’s a valid point - why invite unnecessary scrutiny.
- johnisgood 1y agoThis is a really good advice, actually.
- Terr_ 1y agoEspecially since the current administration seems to be, er, indiscriminately grasping at low-hanging fruit make some kind of unofficial quota. If good documentation and good behavior won't protect you, then that leaves trying to avoid being in the front page of search results.
- dyauspitr 1y ago
- debarshri 1y agoI am currently a dutch citizen. I'm also a founder of a startup that has raised around 2.5 million USD. The company is delaware based. What is the best option i have? Is E2 an option?
- deleted 1y ago[deleted]
- proberts 1y agoAn E-2 would require some investment ($100k+) but Dutch citizens or Dutch-owned VCs but if this investment exists, then an E-2 could be a very good option. The other option would be the O-1 and as a founder of company that has had a good round of seed funding, you might qualify.
- theyknowitsxmas 1y agoHow does a dutchman mingle around with local investors... and what series?
- kindatrue 1y agoWhat's a good number to memorize if you get detained and have the right to ask for a lawyer?
- proberts 1y agoSee the ACLU guidance referenced in a previous comment. There's no right to counsel during routine admission. The right only arises when arrested or being investigated for a crime.
- smcin 1y agoBut you can (and should) ask if you're being detained on suspicion of a specific (criminal) offense, or not (e.g. officer wants to doublecheck your story, or background, or thinks there are irregularities), or (esp. for non-citizen) refusing to consent to unlocking your devices. The answer to the above should give you some idea what's likely to happen, and what CBP has flagged you for, if anything.
- silverslate7 1y ago[dead]
- throwaway098490 1y agoHow common is it for pre-Series A startups to sponsor H1Bs? What's the process like for EB2 on the PERM route, and how difficult is it to be successful in that process?
- proberts 1y agoNo issues whatsoever with respect to H-1B sponsorship but potential issues with respect to green card applications, particularly PERM-based applications because of the ability pay requirement and because of issues related to ownership/equity held by the employee.
- Valbeloru 1y agoWhat are those issues?
- proberts 1y agoA company sponsoring an employee for a green card must show that it has the ability to pay the offered wage and this is more complicated when the company just has funding and no revenues or limited revenues. Also if the sponsored employee owns more than 5% of the company, USCIS could question whether recruitment process was done in good faith.
- AndrzejNowak 1y agoIf an individual is transgender, not a US citizen, and has a passport with an updated gender marker (or X), can they still get a visa? Or is submitting an official document with "wrong information" enough for a refusal? What about existing visas?
- proberts 1y agoThe short answer is Yes, this individual can still get a U.S. visa. But I'd still recommend that this person speak with an attorney before applying for a visa or traveling to the U.S.
- I_am_tiberius 1y agoDo you find it normal that you have to recommend a person to speak with an attorney before traveling to a country?
- ahoef 1y agoNo need to be needlessly antagonizing or blaming.
- dudefeliciano 1y agohow is the comment antagonizing or blaming anyone? it's a simple question that should make us think about what the US is becoming
- AlecSchueler 1y agoQuestioning what the US becoming is what makes you antagonistic and a political enemy.
- literallyroy 1y agoI’m not the person you’re replying to, but I’m interested in your response to your own question if you’re up for sharing. My uninformed opinion if you want it: No, it’s not normal for someone to speak to an attorney before traveling. That question is a tad rigged though since I do find it normal to talk to an attorney if you’re doing something abnormal[0] to a legal document, especially to a legal document used to (ideally) rigorously confirm your identity. [0] uncommon is likely a better choice of words, but I hope the added indirection isn’t necessary in this format of discussion
- silverslate7 1y agoThanks, Peter! What's the most viable visa for European to-be founders looking to move to the US (without affiliation to any institution / accelerator)? I've been considering (a) going on a M-1 or F-1 master's student visa while working remotely my non-US company or (b) applying for an E1 Treaty Investor Visa. Are there other routes I haven't considered, and are there any unclear watch-outs around these two routes?
- proberts 1y agoFor European founders, the O-1, E-2, and E-1 are the most common options, each with its own requirements. What you propose while on an M-1 or F-1 visa really isn't appropriate.
- silverslate7 1y agoDo you have any guidelines for the amount of $ expected for the investment required for people applying for the E1 Treaty Investor Visa?
- proberts 1y agoThat's the E-2 (the E-1 is the treaty trader visa and not based in investment) and most consulates require an investment of at least $100k regardless of the actual cost to get the company up and running.
- fooker 1y agoAre O1 visa applications getting significantly more scrutiny nowadays? I comfortably qualify for one, based on the USCIS criteria, but my employer (big tech company, big law firm for immigration) wants to wait one more year for another H1B attempt before trying this. Hence I am wondering if switching jobs could potentially help here.
- proberts 1y agoBig tech is risk averse and avoids pursuing O-1s unless there's no other option and the candidate/employee is highly valued. But I haven't seen any change yet in the adjudication of O-1 petitions. Nearly all our O-1 petitions still get approved and when we receive a Request for Additional Evidence (or RFE), the issues raised are the same issues that were raised before January 2025.
- miruddin 1y agoIs it true that most big tech companies and possibly the startups you work with strongly prefer H-1B transfers over candidates who might have held an H-1B in the past (with an approved I-140), but are currently on a B-2? In your experience/opinion, is such a situation disadvantageous to the candidate's competitiveness in attaining employment at these coveted companies?
- proberts 1y agoIf the company is paying attention and knows what it's doing, then the interim B-2 status of a candidate shouldn't matter; at worst, it just means that the candidate might have to depart and reenter to activate his or her H-1B status with the new employer.
- miruddin 1y agoSuper helpful! Much obliged!
- fooker 1y agoMakes sense, thanks.
- asadm 1y agoWould you recommend travel for GC holders in these coming months? How likely is that travel ban.
- avel 1y agoWhat travel ban are you referring to? Related answer: https://news.ycombinator.com/item?id=44006725 https://news.ycombinator.com/item?id=44006725
- proberts 1y agoIf there is a travel ban, then the specifics of the ban will matter (countries impacted, whether LPRs and citizens are exempt, etc.) but absent a travel ban, I still think it's fine to travel. Just be prepared to have your devices searched and your political views questioned.
- nrmitchi 1y agoHey Peter! I'm going to pose a question that I think is tangential, but still related. With genAI and LLMs making way into every profession, how much of an impact have you seen on the immigration law side? Have these style of tools made your job easier, or are they adding more confusion and uncertainty? Given the rapidly changing landscape (on the immigration side; what is valid today may not be valid tomorrow, and everything seems kind of up to the best guess of the practitioner) do you see these tools (potentially) causing more harm than good (to specific individual cases)?
- proberts 1y agoI'm probably the last person to provide advice about technology but AI is helping immigration attorneys significantly, primarily in the drafting of arguments. That being said, there's still a critical role to be played by immigration attorneys to determine the best strategy, to provide advice on travel and other issues, and ultimately to review and edit anything that is "drafted" by AI.
- deleted 1y ago[deleted]
- negrit 1y agoHey Peter.
- proberts 1y agoThe details matter (the type of green card application, the green card category, the position held then, the new position, etc.) so it's impossible for me to comment. You should schedule a consultation with an immigration attorney.
- techguy06 1y agoHi Peter, thank you for this AMA. I've been a green card holder for 1 year as the result of working for big tech in the US, originally via getting a L1-B 3.5 years ago. I'm planning on moving back to my home country in Europe permanently. Is there any way I can keep my green card or at least keep it for longer in case I start a startup in Europe and want to also have a US presence? I'm a Portuguese citizen.
- proberts 1y agoYes, there is a way to keep a green card while living outside the U.S. although at some point, if the green card holder truly has no intent of returning to the U.S., he or she will lose the green card. The protection is known as a reentry permit and the form used to apply for it is Form I-131. It's an easy application.
- canttestthis 1y agoHi Peter - I'm on H1-B and not eligible for EB-1/2 or O-1. I filed for EB-5 through an RC and just got my EAD and I want to use that to start a startup in the US. If the underlying EB-5 petition is rejected after the startup is established, do you know if there is a path to re-sponsoring my H1-B through my own startup? I'm trying to understand whether I should wait for a proper green card before going down the startup route.
- proberts 1y agoYes, there could be a way to get an H-1B through your own company; the rules around this have relaxed recently.
- rundmc 1y agoIs there any way for immigrants to avoid the 27 vaccines mandated by the CDC?
- proberts 1y agoThere are medical, religious, and other types of waivers.
- Valbeloru 1y agoHi
- wallyrabbitbun 1y agoHey Peter, Currently living in the US, I applied for a green card via marriage (partner is GC holder) in March 2023. I received my AP and EAD over a year ago, but there has been zero movement on the I-485.. What are the options here? Given the current political climate, I'm not comfortable leaving the US until I have the I-485. Is this fear warranted? Would really like to travel overseas, but don't want to end up getting detained on re-entry.. I understand the above is specific to my case, but perhaps you can answer in a general sense for anyone else who finds themselves in a similar position..
- proberts 1y agoWithout knowing all the facts, the delay probably is simply the result in the backlog in that green card category. Is your spouse eligible to become a U.S. citizen because this could speed up the process for you. Again without knowing all the facts, regarding travel, you are fine to travel; just carry your passport, advance parole, and marriage certificate (in your back pocket).
- wallyrabbitbun 1y agoHe is eligible to become a citizen actually. What's the best way to move forward with a citizenship application?
- proberts 1y agoIt's super easy (the form is N-400 and instructions are on the USCIS website) and doesn't require the assistance of an attorney unless the applicant has a criminal record or has been outside the U.S. for extended periods of time while a green card holder (that is, more than 6 months at a stretch).
- Valbeloru 1y agoHi. Practically, do I need to be an oficially employee for my employer to file H1B, or contractor is ok?
- proberts 1y agoYou must be a W-2 employee while in H-1B status.
- skoush 1y agoAre you seeing an increase in RFE/denial rates for EB2-NIW? What advice would you have if you get an RFE? This is for an AI researcher at one of the 3 foundation model companies.
- ianhawes 1y agoWhat nationality and what is your current status?
- hmartin 1y agoHi Peter, thanks for the AMA. I'm curious what gaps you see in firm operation software? I work in legal tech and from what I've seen all of the software focuses on tasks and artifacts (e.g. the many AI letter drafters) as opposed to holistically understanding / optimizing business operation. Does this fit your sense of the software landscape? Are there other opportunities here beyond case management etc?
- PureSin 1y agoHello, I'm currently on an H1B waiting on my priority date (I'm Canadian but born in China), my H1B hits the 6 year mark next year. My wife is currently on a TN which expires next year. Should she switch to H4 EAD under my H1B instead of renewing her TN?
- proberts 1y agoShe has not filed a green card application so she probably won't have an issue renewing her TN but if CBP or USCIS connects her to you, questions might be raised about her intent which could undermine her ability to renew her TN. So, yes, an H-4 EAD would be safer (unless the current administration kills this benefit).
- MinimalAction 1y agoHi Peter - why are international students on F-1 visa (not on OPT) being strongly recommended to not travel outside the US now? Is there a possible denial at the port of entry when returning? I for one am a F-1 student looking to travel to an academic conference abroad, but being advised to reconsider and stay back in the US by my DSO. I'm in the middle of my program, and my I-20 and visa are valid for another 3 years.
- proberts 1y agoThe concern is that USCIS is cancelling students F-1 status without the student being made aware of this because of some issue (prior arrests or convictions, political statements, etc.) but before you travel internationally, as an F-1 student, you will need to get a new I-20 endorsed for travel and when the school goes through the process of issuing a new I-20, it should see whether there is an issue and if there is no issue, you should be fine to travel.
- deleted 1y ago[deleted]
- RohitA5L 1y agoHi Peter, Im currently on H1B with I-140 approved. Im thinking of starting my own company and have other co-founders who are US citizens / GC holders. What is the path for me to have a visa while also being able to start my company.
- proberts 1y agoBecause you have cofounders, an H-1B might work. The other option is the O-1. You should schedule a consultation with an immigration attorney to determine the best path.
- joshdavham 1y agoI'm a Canadian software developer who'd like to join an American startup so naturally I've been applying to a bunch of jobs. More specifically, I'm looking to go with TN visa. In most job applications, I need to answer the two following questions 1) Are you legally authorized to work in the US? and 2) Will you now or in the future require sponsorship? I'm looking for advice on how I should be answering these questions. For example, I believe I should technically be answering NO to 1) and YES to 2), but I'm slightly unsure about this. I've heard recently that some Canadians actually recommend answering YES to 1) as getting a TN visa is very simple and not too much harder than just hiring an American. The idea is that when you answer NO to 1) that recruiters (and especially startups who are often more naive about visas) will lump you in as being hard to hire like immigrants who come to the US on the H1B and then filter out your application. As for question 2), because the TN is a "Nonimmigrant" visa, does this technically mean I can answer NO here? Basically in summary, how would you recommend I answer these questions? I don't want my applications to get auto filtered, but I'd also like to be as honest as possible.
- proberts 1y agoLegally, the correct answers are No and Yes.
- Plasmoid 1y agoThat's really interesting. Can you expand on why those are the correct answers?
- proberts 1y ago"Sponsorship" is not a legal term but like an H-1B, it requires a job offer so it is not just an individual filing. Broadly, there are two ways to get a TN, one by applying with U.S. Customs and Border Protection with a letter from an employer and the other is for that employer to file a TN petition with USCIS. When the latter approach is taken, the employer must complete, sign, and submit forms as the petitioning (read, "sponsoring") employer and these forms are many of the same forms that an H-1B petitioning employer must submit. So, "sponsorship" by an employer is required for those seeking to work in TN status.
- focusgroup0 1y agoHave a friend who quit his job and overstayed his TN visa during The Pandemic. After going back to Canada for visiting family, his next visit to the US was denied at CBP, and he was given a 10 year entry ban with option to appeal at a facility across the river from Buffalo, NY. What are his options? Is this situation fixable with a new work visa?
- proberts 1y agoA work visa/status won't help. He has to deal with the overstay issue first, which he should be able to fix since presumably his overstay happened because he was unable to travel/depart before his status expired.
- focusgroup0 1y agothank you good sir, much appreciated
- 999900000999 1y agoAre you seeing a downturn in people trying to come here for work. It's a shame, but I don't think any rational person should try to come here to study or work right now. Gone are the days of attending a community college and dating girls from Korea and Japan. And I can't blame anyone for not wasting to be destined indefinitely for trivial reasons. https://www.theguardian.com/us-news/2025/apr/05/i-was-a-british-tourist-trying-to-leave-america-then-i-was-detained-shackled-and-sent-to-an-immigration-detention-centre https://www.theguardian.com/us-news/2025/apr/05/i-was-a-brit...
- happyopossum 1y agoYour comment is about coming for work or study, yet you linked to a story of someone who clearly abused/misused a tourist visa and got caught. It was an egregious enough offense that the Canadian immigration officials wouldn't even let her enter Canada under the same pretense, which is what eventually led to her arrest.
- 999900000999 1y agoShe literally came to coach surf and house sit. The woman is effectively a British nanny who did chores for friends. She doesn't look like a threat to anyone. Maybe your afraid of British nannies baking pies and changing litter boxes, I'm not. Anyway, the proper solution at most is a life time ban and the first flight home.Not indefinite detention. To be burnt, this is a white woman who natively speaks English. If she's having a hard time, it doesn't bold well for anyone else. Numerous other examples exist, in most of these cases people either didn't do anything wrong or it's something that could have been rectified with a quick flight home. https://www.nytimes.com/2025/03/13/world/europe/german-tourists-detained-deported.html https://www.nytimes.com/2025/03/13/world/europe/german-touri... Come to America, spend your money. And if you watch a friend's pets for a few days expect some good ole indefinite detention!
- returningfory2 1y agoThe German person you link to was attempting to enter the US to work as a tattoo artist which is not allowed under tourist visa programs. I actually think the law should be more flexible and this kind of casual work should be allowed. However the law as it currently stands doesn't allow it and they were "correctly" denied entry. The reason this person wasn't put on a "quick flight home" is because they (along with the British person) were detained at a land port of entry so there's no option to send them straight back. In general, I think two things are simultaneously true. One is that Trump is cracking down on immigration. The second is that the media are suddenly reporting on a lot of cases -- like the German and British women -- that aren't actually new but were happening under Biden. It's just now the media has an angle and narrative such that these cases are deemed report worthy.
- very_good_man 1y ago[flagged]
- iply 1y agoHow hard is it to get approval for an o1 visa with no bachelors degree?
- lukaszkorecki 1y agoIt's doable but you need a lot, and I mean a lot of documentation proving that you are indeed an alien with extraordinary ability. Any press mentions of you and your company, articles, proof that you're working with known companies in the US and more evidence like that will increase your chance. In fact I worked with Peter on obtaining an O1 while not having a degree, I was a CTO of a startup, moving from the UK.
- proberts 1y agoEducation is irrelevant. A PhD in and of itself doesn't help but it usually means that the individual has published, engaged in original research/work, etc. but someone can have published, engaged in original research/work, etc. without a PhD or any degree. So it's about what the individual has done, not his or her education. That being said, there's no question that USCIS's view of an O-1 petition is colored by the applicant's education and there's sort of a presumption that someone with a PhD qualifies for an O-1.
- deleted 1y ago[deleted]
- shekispeaks 1y agoHi peter, do you use any legal specific ai software ? Do you use ChatGPT in your work?
- proberts 1y agoWe're starting to test the use AI to help us prepare initial drafts of documents.
- dharmspeakz 1y agoHi Peter, My I-140 was approved in June 2013 under the EB2 category (H1B). I later downgraded to EB3 and filed my I-485 when my priority date became current back in 2021. I received my EAD in 2022 and have been working on EAD since then. According to the current visa bulletin, my priority date is expected to become current soon. However, I have a couple of concerns: The job title I had when I filed the I-485 is different from my current role. I have also changed employers since then. I understand that I may need to submit a new I-485J. Given that I was promoted and my current title is significantly different from the one in my original petition, could this pose any challenges to my I-485 application?
- proberts 1y agoYes, you and your current employer need to file an I-485J if proceeding based on the approved EB3 petition but whether you will have an issue because of the change in positions will need to be analyzed (although you probably are fine). Does your employer have an immigration attorney because this is something that he or she should analyze?
- dharmspeakz 1y agoYes, my employer does have an immigration attorney. I applied 485 as a Programmer Analyst. But now I work as a Director, Applications with a more diverse application suite than what I originally worked on. The labor and wage and roles/ responsibilities will not create any problems ?
- proberts 1y agoProbably not but I can't advise because I don't have all the paperwork in front of me. The company's immigration attorney should be able to advise.
- emthrowaway 1y ago[flagged]
- niyazpk 1y agoHi Peter! Given YC asks founders to apply for a batch just a few weeks (or months) before each batch starts, I am wondering if you run into issues with timing. Do you see issues with visa delays etc, that can cause founders to miss their batch?
- proberts 1y agoMost consulates are willing to schedule expedited appointments for YC founders but still if you are an applicant for an accelerator and don't have a B-1 visa and are not from a visa waiver/ESTA country, then at a minimum, you should book a visa application appointment now.
- deleted 1y ago[deleted]
- iama_temp_97 1y agoI have a US passport and am a naturalized US citizen however due to some sort of clerical error my passport says I was born here (even though you have to staple your immigration cert to the passport application). I never even noticed it until I'd been in and out of the country a few times, my passport is about to expire and I'm worried about having trouble trying to get it fixed, what course of action should I take, I'd really like to have a valid US passport.
- proberts 1y agoThere's a procedure for fixing such a data error and you should be fine since you are a naturalized U.S. citizen: https://travel.state.gov/content/travel/en/passports/have-passport/change-correct.html https://travel.state.gov/content/travel/en/passports/have-pa...
- saguntum 1y agoFWIW I had the wrong US state on my passport for a long time. Not sure how that happened but it didn't cause any issues traveling at all. I called the national passport line for advice about this when renewing, and they said to mail in the correction form the other commenter linked along with the renewal form. I also included a letter explaining that I wanted the passport renewed, but that it had my wrong birth state, and I wanted that corrected along with the renewal. I think I included my birth certificate showing where I had actually been born, also, but I don't really remember. I'd call the State Department national hotline to see what they suggest: https://travel.state.gov/content/travel/en/contact-us/passports.html https://travel.state.gov/content/travel/en/contact-us/passpo...
- throwe3away 1y agoThanks for doing this Peter. Quick question. I'm in the US using E-3 visa since July 2024, working as a software engineer for a smallish non-faang company. I am fully remote in the Bay area and there is no office, but technically the company is based in NYC. New hiring for SWEs is outside the US. There haven't been layoffs in the last 12 months and it doesn't seem like there will be. What is the best way for me to pursue a green card? I am aware that E-3 is not the ideal path, but is workable with some risks. My main concern is the state of the SWE market, with so many candidates looking for work. I expect that any labour market test will fail as there will be suitable US candidates that appear. Is there any way to navigate this situation? What are the chances of success in this market? Would joining a big-tech company help?
- proberts 1y agoBroadly, an E-3 visa holder can pursue a green card and we sponsor a lot but there are potential issues, most notably, when seeking to renew an E-3 visa while in the green card process. Alternatives to the PERM (labor market test) based green process are the national interest waiver and extraordinary ability paths, which are not tied to a specific job/employer but require a high level of achievement.
- jmyeet 1y agoNot a lawyer but I went through exactly this route back in the Obama administration so it may have changed. But even then there were questions about whether you could file an I-485 while on what was technically a nonimmigrant intent temporary visa (this includes E3 and TN). There were a lot of people who said it wasn't possible. Those people were wrong. Here's how I approached it: when my PERM was approved, I immediately went and renewed my E#. This required a trip out of the country. I went back to Australia. My employer was amenable. This was to avoid being out of status or needing a renewal when my I-485 was pending. One thing to note is that the application for the E-3 doesn't ask you "do you intend to immigrate?". It asks "Have you filed an I-485?" and at that point I could truthfully answer no because I hadn't. I arrived back in the US and almost immediately filed the I-140 and I-485 concurrently.and applied for EAD and Advanced Parole. Those arrived within a few months. The only wart was USCIS asked me to file an extra form giving up my diplomatic rights because other E visas are for diplomats. My lawyer said this really wasn't necessary but the best path was simply to give it to them. I think I got my green card after 8 months.
- deleted 1y ago[deleted]
- theyknowitsxmas 1y agoWhat do you think about Nexus... Do you think Nexus holders enjoy the best of both worlds, less hassle at the border, 2 citizenships for 1 type of thing (but not really) as long as you don't have criminal charges?
- proberts 1y agoYes, I think that Nexus is great.
- Detrytus 1y agoHi Peter, I was checking my I-94 recently, and noticed that my travel history is missing one trip, an arrival. Basically, it lists two departures in row, couple months apart. Does it matter? and is there any way to fix it?
- proberts 1y agoIt doesn't matter unless it matters, which it doesn't appear to; the issue in an I-94 history is when a timely departure isn't recorded, not an arrival. There's also no effective way to fix this error.
- _gpvn 1y agoHello! I do have concerns relating to the U.S. so I will put my questions out there. I know somebody who is a U.S. citizen, however they are originally from Perú. They have official citizenship meaning they went through the whole process and gotten those documents. Are they at risk of losing their citizenship and being deported with the current administration's standing on immigration?
- robomartin 1y ago> Are they at risk of losing their citizenship and being deported with the current administration's standing on immigration? No, they are not. I know this kind of thing is being circulated in social and traditional media. It is pure fear mongering and completely disconnected from reality. Stop listening to idiots trying to create FUD.
- _gpvn 1y agoOh well that's good to hear that they aren't at risk. But on that note, I suppose I shall further scrutinize my social media feeds, I might get off them for good. Thank you good sir.
- proberts 1y agoReally not at risk at all.
- Zenbit_UX 1y agoWhen it comes to Canadians working in the US on a TN, are we allowed to accept promotions (title, comp or both) without going through reapproval of our visa? Are there any nuances here like caps on how high a salary increase could be before needing a reassessment? Maybe increases in equity don’t count? Also if the reassessment is denied does your original visa still remain valid or are you risking it all for the promotion?
- YZF 1y agoIANAL but I had TN status. AFAIK there is no issue as long as your profession didn't change.
- proberts 1y agoThere's a lot more flexibility in the TN context than in the H-1B context so generally it's not an issue to get an inline promotion as long as the core job duties remain the same as or similar to the job duties in the initial application.
- jeffbee 1y agoAs a practitioner do you feel that it was a waste of time to have studied the law? As you say, it is "rapidly changing", meaning the jurisprudence may not have been as majestic as students were led to believe.
- proberts 1y agoThe main thing you learn in law school is not the substantive law but how to analyze facts and issues and to understand the law and its application to specific facts.
- rathboma 1y agoThanks for doing an AMA! Should folks on H1B visas who have an ongoing green card application via PERM be concerned at all? Would you advise not traveling until the i-495 is filed?
- proberts 1y agoNo, they still should travel. But they should consult with their company's immigration lawyer regarding the documents they should carry when they travel.
- mrb 1y agoDid you observe a drop in H1B visa applications since the 2024 presidential election?
- proberts 1y agoFrom my limited perspective, No although I have clients who have decided not to open operations in the U.S. and/or transfer employees to the U.S. because of the political situation.
- horns4lyfe 1y agoIs opening operations in the US and hiring Americans such a terrible thing?
- proberts 1y agoThey've just decided that they don't want to be in the U.S. in the current environment. They just don't see it as good place for their business or their employees.
- RomanPushkin 1y agoCan you clarify the current status of the U4U program? Is it limited to TPS only, or are there other pathways available? Also, what do you think the government’s broader intentions are with U4U?
- ummonk 1y agoDo you have any insights into how processing times are going to be going forward for legal immigration? USCIS is self-funded but hearing talk that the government seems to want to engage in their cost trimming layoffs anyway?
- proberts 1y agoNo real insights other than that the slow-down that was feared hasn't materialized.
- CaveTech 1y agoAre there any difficulties in obtaining TN Visas related to the stage of the sponsor company? More specifically, is it feasible for a Canadian operating startup to open a US entity and employ Canadian engineers under the TN Visa category? This would be an early stage non-VC backed company, but profitable and paying above prevailing market wage.
- proberts 1y agoYes, what you propose is very doable.
- trod1234 1y agoHi Peter, thanks for doing these AMA's. There has been so much in the news recently, both on immigration, birthright citizenship, potential suspension of habeas corpus, lack of due process, the effective setup of stateless regions (El Salvador), and other aspects that all boil down to a question that seems to be on a number of people's minds and centered on a single question. While this is more of a generic question, it'd be nice to hear from an actual attorney that's practiced law. When we speak of a 'rule of law', and its benefits to society, its generally understood from Civic's classes we all had to take, that there are components that must be met, which are not met under a 'rule by law'; the latter which is more generally understood to be common to totalitarian regimes where they do what they want with the tacit approval of kangaroo courts, usually with some sort of reference to Lavrentia Beria's infamous quote, "Show me the person I'll show you the crime". While there is some debate on the specific components of a 'rule of law', they almost all require: Independent Objective Judiciary, Equality under the Law, Access to Justice, Fundamental Rights, and Transparency (if I'm remembering my civic's correctly). The primary purpose and benefit to society of such being non-violent conflict resolution. In many respects, in the past few decades, Judicial activism seems to have broken the first, Access to bring an action now requires access to a lawyer which in many cases is a retainer of an amount that exceeds the average person's yearly salary (unspent), Transparency seems to have largely vanished behind paywalls, bad laws, and contradictory readings. The last remaining two are equality under the law, and fundamental rights which are directly tied to those other properties, and have been degraded by corporations in their legal actions and lobbying as a whole over time. The remaining components seem in dire jeopardy with stateless regions, which the court doesn't seem capable of addressing (given the other failures that have occurred over the past 20 years that remain broken). I hear all the time that we have a country that has a rule of law, but that isn't what the average person is seeing when they look at these things objectively. Just so you know, I've reached out to numerous attorney's for various contract issues over the years, the most recent related to professional certification where the company clearly failed in their obligations, but they also apparently have received broad indemnification via their government contracts. I mention this, so the perception is not just based on a trusted news initiatives media alone, but also backed by my own conversations seeking services that came from my state BARs referral service. Is there something wrong with my understanding here? Do we actually still live in a rule of law? If my understanding is right, it doesn't seem like we do anymore.
- WaxProlix 1y agoAppreciate the AMA. I'm curious about options for transitioning employees from the temporary (and now at-risk) Uniting for Ukraine parole status to something more stable and long term. Is H1B lottery just going to be a Ukrainian's best bet? A lot of the advice and documentation seems contradictory, as 'parole' seems in some ways to be more a lack of status than a status itself. Leave the country and apply for some other type of more permanent work visa?
- proberts 1y agoThe task is to find another type of work visa, which would require departure at some point but this could be to countries other than Ukraine. For most Ukrainians, the visa options are going to limited to the regular H-1B, the cap-exempt H-1B, and the O-1.
- qwezxcrty 1y agoFor a foreigner living outside of the US but interested in immigrating to the US in the longer term. Is it possible file the I-140, and while the application is being processed (or waiting for the priority date) apply for another nonimmigrant visa (B, F or J) for short term visit? Is it likely the application will be denied because of the "immigration intent" after filing the I-140?
- proberts 1y agoYes, there is a good chance that the applicant would have an issue getting a non-dual intent visa, such as a B, F, or J visa.
- throwaway5752 1y agoIf you could make any 3 changes - unilaterally and instantly with no consequences - to US immigration policy today, what would they be?
- proberts 1y agoAdd thousands of immigration judges and CBP officers to improve the asylum process and improve the conditions of those going through the process, particularly children, do away with H-1B quotas, and do away with green card quotas and change to a point-based green card system.
- throwaway5752 1y agoThank you very much for replying and making yourself available for the AMA.
- anothereng 1y agoI won the DV lottery do you know of any companies that are willing to hire remotely and then help with relocation to the USA?
- proberts 1y agoI don't have a list, unfortunately (and further I wouldn't be able to disclose names because of client confidentiality requirements).
- anothereng 1y agoI understand, thank you for answering
- hdivider 1y agoAre marriage-based green card applications still being processed at some pace when the petitioner's spouse is also a green card holder? I hear these days this category is ultra slow with no option to expedite.
- proberts 1y agoThere are backlogs in this category so the process is slow but once the sponsoring green card spouse becomes a U.S. citizen, the process is fast.
- ed153 1y agoI'm looking to sponsor a family member (brother) to immigrate to the USA, have been told sibling sponsorship takes too long. What is the minimum credible investment one is likly to need in order to apply for an E2 investment visa? What are the most common types of investments the USA government will find credible for approval?
- proberts 1y agoThat's correct, it could take at least 10 years through sibling sponsorship. The E-2 visa isn't available to everyone, it depends on the individual's country of citizenship, but if it was available to him, then an investment of $100k could be enough. But definitely consult with an immigration attorney because there are a number of requirements for the E-2 visa.
- reposefulcats 1y agoHi Peter, I am a naturalized US citizen (via employment sponsored H1B to Green Card route). Prior to obtaining my citizenship I held an F1 visa to complete my PhD, and may have overstayed in the US at the end of my studies (I am not sure, this was 15+ years ago). This was never raised as an issue when I applied for my H1B, Green Card or citizenship, but is it something that could become an issue for me now if I travel as a US citizen and attempt to return to the US? Is there anything I can do proactively to address this if it is likely to be a problem? Thank you.
- proberts 1y agoAlmost certainly, even if you did overstay, it's not an issue but for peace of mind, you should speak with an attorney because it sounds like you didn't overstay in a way that would have impacted your H-1B, green card, or citizenship applications. (F-1 students are admitted until D/S - duration of status - so they almost never considered overstays.)
- pokechamp 1y ago[flagged]
- gamblor956 1y agoLet's put it this way: if you have a problem, you have the same problem as the First Lady and Elon Musk, both of whom violated/overstayed their initial U.S. visas but are now citizens.
- frontalier 1y agomodulo entry to the white house
- fnordian_slip 1y agoThis line of thinking is based on the assumption that the law applies people close to the current president with the same rigour as it does to the average person. I would expect that a brief look at the current situation in the US suggests the opposite, does it not?
- argo_cve 1y agoHi Peter. I am a Lead Computer Vision Engineer, working remotely at Veryfi (YC 17). I am a citizen of Russia, living in Armenia for last 3 years. We applied to O1 visa, got approval from the USCIS, then got visa stamps and at the day of my flight visas were revoked. Embassy said to reapply - I did and now it's been 11 months of Administrative processing (as they said in the DoS). My employer tried writing to the Congressman's office couple times, but every time Embassy answers ~"please wait, no timelines". I also filed a DHS Trip complaint and received this statement: "We have made any corrections to records that our inquiries determined were necessary, including, as appropriate, notations that may assist in avoiding incidents of misidentification". With everything above, we were not able to get any meaningful timelines or figure what's going on. Is there anything we can do to make movement in my case? It's hard to plan your life living like this, so it is very important for me. Thanks!
- yeputons 1y agoNot a lawyer here. My advice would be to relax, enjoy Armenia, and assume you are not entering the U.S. in the next couple of years, for any reason. Administrative processing (I assume you actually mean 221(g) refusal) can easily take 1-2 years. The most extreme case I've heard of took 4 years. In 2016-2020 writing to a congressmen could actually help: 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... , but not anymore. Last year I've heard about some success stories with U.S. courts. Still, it took for one O-1 person about two years from the initial visa interview. I've also never heard of anyone getting any timeline estimations. A related small thread with Peter's response: https://news.ycombinator.com/item?id=44006801 https://news.ycombinator.com/item?id=44006801
- hippich 1y agoJust I quick note - writing to congressman may actually help and worth trying. My mom's greencard was stuck in 2023 due to some bs with documents in consulate with officer there non responding. After the letter by my senator I got a call from the officer over there and the issue resolved within a day. This is of course different from op's issue, but just wanted to note that it is worth trying in any case.
- waggle_dame00 1y ago1) My son who turned 14 this year is a gc holder. Does he need to go for the biometrics to register. I am asking this question, since the government page talks about visa only. 2) One of my relatives went out country has valid green card and overstayed beyond 6 months and he was able to come back fortunately. However, he is skeptical to visit out of country now due to his previous overstay. Do you think he can visit ? He has valid gc.
- johnxie 1y agoFor O-1s filed by startups, what are the most common weak points USCIS flags now? Are you seeing more RFEs around equity or funding documentation?
- proberts 1y agoFor the most part, O-1 filings for the founders or employees of startups are no more difficult than the O-1 filings for employees of established/large companies; the main issue is "distinguished reputation" (a component of one of the O-1 criteria), which can be harder for startups to show.
- BernardGress 1y ago[flagged]
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- onepremise 1y agoHey Peter, what are your thoughts on networks states and the methods tech CEOS and VCs are using to push the working class towards Techno feudalism? Do you think Peter Thiel using Palantir to mine US tax payers information, to help drive and target innocent civilians towards their vision, is legal? Should the constitution exist or do we need to be conquered and lead by monarchies? Most importantly, do you believe the supreme court should exist to serve its purpose in our system of checks and balances?
- briandear 1y agoI’m sorry, I have no idea what you’re going on about. Help me understand how this pertains to immigration.
- onepremise 1y agoCertainly :) Immigration is actually directly related to how CEOs and VC intend to change the landscape for all things government related, and democracy as a whole. There is very much a subjective intent to tear down the rule of law, the rights that safeguard Americans as a whole, starting with immigration. IT's an entry point, a target to whittle away basic rights of the average American. Peter Thiel touches on this need for a tech revolution in his paper "The Straussian Moment", https://www.hoover.org/research/peter-thiel-straussian-moment-0 https://www.hoover.org/research/peter-thiel-straussian-momen..., who also funded JD Vance's rise to VP. These guys love the concepts written in Sirrivassan's book "the Network State", and want to replace our current government with distributed monarchies. Sirrivassan, Thiel, Andresen, and Curtis Yarvin actually have a documented plan to achieve this which is being executed, to a "T", which involves attacking immigration, not just as a distraction so they can attack the courts directly, but also cause it's part of their vision. Curtis Yarvin's writings include pointed attacks on immigration, both as a policy and as a reflection of deeper systemic problems. He uses immigration as an example to argue for the failure of democracy and to advocate for his preferred model of authoritarian governance. He also frames immigration debates as distractions from what he sees as the real issues-namely, the incompetence and self-serving nature of current elites and institutions.
- spiff2025 1y agoHello Mr Roberts What happens if a positive asylum is not granted with a USCIS agent and the NOID is issued? Which could be the scenarios and also what happens if the appointment is before the 150 days. Thanks
- redbell 1y agoAll past Peter's AMA discussions: https://hn.algolia.com/?query=I%27m%20Peter%20Roberts%2C%20immigration%20attorney%2C%20who%20does%20work%20for%20YC%20and%20startups.%20AMA&type=story&dateRange=all&sort=byDate&storyText=false&prefix&page=0 https://hn.algolia.com/?query=I%27m%20Peter%20Roberts%2C%20i...
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- aesbetic 1y agoShould I apply for an H1B or an O1 visa if the end goal is to self-petition an EB-1A green card application?
- proberts 1y agoDoesn't matter since the EB1A requires a separate assessment that is not tied to the underlying status. But between the two, because of the inability to travel on an O-1 visa while in the last stage of the green card process, the H-1B is slightly better.
- aesbetic 1y agoThank you for responding so quickly. I asked this question in the first place because I heard/read that an EB1A application is a little more likely to be accepted if you already possess an O-1 visa. The reasoning behind this being the similarity in the eligibility requirements for the O-1 and EB1A applications make them more “compatible”. What do you think of this?
- sjtgraham 1y agoIt’s not true. There are two steps to EB-1A: the statutory criteria, functionally identical to the O-1, and a final merits determination where the examiner evaluates the totality of evidence to determine if you belong to the small percentage at the top of your field. This is a far higher bar than O-1. Additionally, each petition before USCIS is evaluated independently, except for subsequent O-1 petitions with substantially similar facts. In such cases, USCIS policy and the APA’s prohibition on arbitrary and capricious action generally require approval absent extraordinary circumstances.
- proberts 1y agoGood afternoon. I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.
- thisisauser123 1y agoI'm a US Citizen who married a citizen of New Zealand, we met while she was a international student studying CS at the school I was studying at. Since graduating, we moved back to New Zealand. Over a year ago we filed a for I-130 to move towards her getting a Green Card and being able to live with me in the US. Right now the USCIS website estimates that it will be another 20 months until our form is processed. This seems like an absurd amount of time? I've tried reaching out to the White House, who passed my case onto USCIS, who told me to pound sand, and to my congressional representatives, who told me they would "look into it". Is there anything I can do to move this process along?
- proberts 1y agoNot much more, unfortunately. You could file a mandamus action which might help but also might just be a waste of $5k to $10k. Another option is for her to get some type of work visa and then for you to sponsor her when she's here on that work visa.
- dgrcode 1y agoMy wife recently got her O1 visa approved and I'll be getting an O3 as dependent. I currently have an app that I'm actively developing that generates $50-$100 per month. I might be able to stop development, but at the very least would need to support the customers. I also have some product ideas I'd like to build and potentially monetize. What are my options?
- proberts 1y agoProbably the O-1 for you as well but also look at the E-2 investor visa.
- manbitesdog 1y agoAs an Spanish national and resident, can I found my company in the US without having any employee there? Would I be able to hire myself with a method other than Deel/Remote/others?
- morpheuskafka 1y ago1) you don’t need any immigration permission to found a company, you can do that remotely via a lawyer or in person on a visa waiver. 2) if you aren’t working in the US, you don’t need to do any US tax paperwork to hire yourself. You need to register your foreign company under Spanish law and follow their procedures.
- proberts 1y agoAll correct. Thanks.
- deep_thinker26 1y agoHow AI ( LLMs, Agents ) can help you?
- OnionBlender 1y agoHave people gotten into trouble for having a nearly empty phone when they get searched? Like using a burner phone or doing a factory reset prior to the trip. I've wondered if that would be considered suspecious.
- werrett 1y agoAt least one person has been subject to secondary screening and ultimately denied entry on the accusation that they had two phones. > I thought I was just going to be given my passport and sent on my way, or maybe asked a couple of questions, but they made some pretty outlandish accusations. They said, ‘We know you have two mobile phones. We’ve been tracking your calls. We know you’ve been selling drugs’. https://www.theguardian.com/us-news/2025/apr/11/australian-with-us-working-visa-detained-insulted-deported https://www.theguardian.com/us-news/2025/apr/11/australian-w...
- giorgioz 1y agoOh my god, the story/stories from that post are awful. I didn't know it had came to the point where people with valid visas could be detained, rejected and visas cancelled. :(
- bogzz 1y agoThank you so much for this AMA. If I am on STEM OPT and my F1 visa has expired, what are my chances of renewing my F1 visa if I visit home in Serbia and want to return to USA to work in person?
- proberts 1y agoIt's possible to renew an F-1 visa while on STEM OPT but there's some risk because a consular officer could conclude that you do not have the intent to return home to Serbia after the end of your STEM OPT. That being said, F-1 students renew their visas while on STEM OPT all the time; it's just not risk-free so you would want to be well prepared for your interview.
- bogzz 1y agoThank you SO MUCH for your response, and for taking the time for this entire AMA, it is very very much appreciated. I am curious about what the interview might entail? I've applied for tourist and F1 visas and renewals about 6 times and I've never been asked any pointed questions.
- hdivider 1y agoAre you seeing any changes in the difficulty of the EB1A, or is it about the same as in the previous administration?
- proberts 1y agoI think the same. I think the major changes are with the NIW, which is now much more difficult to get.
- kreeWall 1y agoHi Peter, thank you so much for doing this AMA! I'm currently trying to decide whether to appeal an EB1A decision - they agreed to meeting "plain language" for 3 criteria, but denied the application on final merit. What kind of considerations would you advise your clients to think of when making this decision?
- proberts 1y agoIt's impossible for me to say without reviewing the filing and the decision but the final merits analysis is incredibly subjective and discretionary so generally speaking, appealing on this issue is not a good idea. Again, generally speaking, understanding and fixing the deficiencies in the initial filing/evidence and refiling is the better approach.
- Izikiel43 1y agoAny ideas how Eb3 final action date will move in the future? I noticed that for 2023 onwards more than 80k perms were approved.
- proberts 1y agoIt's really impossible to predict; whenever I've tried, I've been wrong. This is in part because the movement is based largely on demand, which changes all the time and is unpredictable.
- burnt-resistor 1y agoHallo Peter! Thanks for putting yourself out here. You gotta look up another immigration attorney in the Valley, Rajat Kuver. He's a super cool guy and has for years done work on complex commercial and family immigration cases. Good luck to all your endeavors and happy weekend.
- proberts 1y agoThanks for the referral!
- dbg31415 1y agoWith widespread layoffs in the tech industry, it’s worth asking what role is immigration really playing in meeting labor market needs? Are there truly skill shortages in the U.S.? Many argue that programs like H-1B are less about addressing talent gaps and more about cutting labor costs. What’s your take? In its current form, does the program actually protect the interests of the domestic workforce? Is it filling a legitimate labor need that can’t be met internally - or is it primarily structured to benefit investors looking to inflate stock prices?
- proberts 1y agoI'm sure that there is abuse but from my limited perspective, I see employers using the H-1B program because they can't find qualified U.S. workers or because a foreign national is the best candidate. In essence, your question is whether the H-1B program protects the wages of U.S. workers and my feeling is that in practice, it neither protects nor undermines these wages.
- michdesch 1y agoI used to go to a as a simple tourist on the basis that we were trying to raise capital for a telecom start up. Delaware C, SVB bank account. They just asked questions and let me in for 6 months. Anything changed?
- proberts 1y agoThat is still an acceptable basis for admission as a business visitor but you need to be prepared to provide detail about your meetings and provide documentation regarding your intended activities, ability to support yourself while here, and ties to your home country.
- tao_oat 1y agoHi Peter, thanks for doing this AMA! I'm an EU citizen. I got my H1B in late 2023, but ended up not moving to the US after all. When I travel to the US for short business trips (same employer as back then), should I enter using this H1B or ESTA? And could this unused H1B become an issue now that there seems to be increased scrutiny at the border? Thank you.
- proberts 1y agoThat depends on a number of factors, such as your activities/purpose when you are in the U.S. (whether these activities constitute "employment" and if so whether they are in line with your H-1B position and job duties), your compensation when you are in the U.S. (are you getting paid and if so, how much and by whom), etc. The question here really is whether H-1B work authorization is required or whether ESTA business travel is fine.
- Hotbasil 1y agoHi Peter, thank you for doing this. I am on H1b visa and my partner is on H4 dependent visa. On H4, my partner wants to open a startup but is afraid if I lose my job then she has to stop working on the H4 visa as well. I have my cousin who has a green card who is willing to be part of it, but I don't want to dependent on them. What other paths are possible? Cheers!
- proberts 1y agoBeing a founder is often a path to an O-1 visa so if your partner opens her startup and it does "well," then the O-1 might be an option for her if you lose your job. There's also an E-2 investor visa, which is another potential option for founders.
- Hotbasil 1y agoThank you for replying Peter! That makes sense!
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- swampert543 1y agoHi Peter, I’m currently on year 3 of H1B, and my company filed this march for the 3 year extension (with premium processing), which got approved. Concurrently, they also filed form i539 for my wife on H4 to extend her status (her current visa stamp and status expire in July this year). She has no EAD as I don’t have an approved i140. Her request is still pending, and given current processing times it likely still will be when her status expire. To complicate things, we travelled outside the US for 10 days while her request was pending (after receiving the green light from my company lawyers saying it wouldn’t impact the i539). Reading online we got mixed results, so we’re not sure if she can stay in the US until her i539 is approved, or if having left the country for a short period might cause USCIS to consider her application abandoned. We could have her travel and to make arrangements for a consulate appointment before July, but we’d like to avoid that if possible. My understanding is that is a bit of a legal gray area, so I wanted to hear your thoughts. Thanks for the help!
- proberts 1y agoIf USCIS is paying attention, it will treat her departure as abandonment of her H-4 extension application. So it's important that she check her I-94 admission record to see when her current H-4 status expires and make sure that she departs before it expires or that she files a new I-539 before it expires.
- taway20250516 1y agoA legally-uneducated read of 22 CFR 51.62 suggests that the State Department can revoke a passport that was "illegally, fraudulently, or erroneously obtained." How likely would you consider the idea that the current administration would revoke existing passports for transgender Americans under the pretense that they were "fraudulently or erroneously" obtained under processes put in place by previous administrations?
- jigpaw 1y agoIf a male obtains a passport which states that his sex is female, or vice versa, then that is erroneous, isn't it?
- Spivak 1y agoOne could make that argument, except that until the Trump administration the US government has made no distinction between sex and gender when it comes to sex markers. A transgender woman is a transexual woman is legally female. They have explicitly allowed updating passports and had a process of providing documentation from courts and doctors to prove that one has transitioned. So no one obtained anything erroneously or fraudulently and in fact were very upfront about it. Where it gets awkward for everyone involved is when you have a trans woman say who is recognized female on her birth certificate and by her state now coming in conflict with a federal government that suddenly doesn't respect that. Where it gets even awkwarder-r is more trans people pass than people assume and it would cause more issues to have their chromosomal sex listed on their ID than not. If my friend who is a trans woman walked into the men's bathroom they would be like, "hey lady this is the men's."
- proberts 1y agoThe issue is whether a misrepresentation was material and whether it was done with the intent to mislead. I don't know the data because we're still early in this administration but a concern has been that the administration will increase efforts to reopen and revoke naturalization, which happened during his last administration.
- FilosofumRex 1y agoWhen US firms apply for H1B or J-1 work visas for foreigners, what part of the process is the most critical part or where it's most likely to fail.
- proberts 1y agoFor the H-1B, it's really just getting selected in the lottery, the actual substantive requirements aren't difficult; the J-1 is easy but with limited exceptions it's not supposed to be used for regular employment.
- FilosofumRex 1y agoThank you for clarification. I wonder if there is any stat on how many initial H1B applicants make it to the lottery list to be selected. Is the process straightforward or does government/Labor Dept challenges a certain percentage of applicants.
- _blk 1y agoHi Peter, Thanks for all that great insight. I'm currently a Swiss national on E2 with my own biz but looking at partnering with an American (the form could be a partnership or S-corp but it's not set in stone.. Recommendations welcome. State of CO or potentially Wyoming). All the work I do for them currently is consulting under my biz (SMLLC) as investment but apart from my biz paying for some PCB manufacturers there's no flow of money, just a lot of time. Now my current E2 business has only me as an employee and I'm not sure how the chances of renewal look in 1.5 years if stays that way. End goal is a good partnership on the new venture and US citizenship but AFAIK there's no path from E2. Do you recommend reapplying for a new E2 with the new venture or extend the current one or something else entirely? From what I understand from the last E2 is that the embassy prefers majority control from the treaty investor which we'd have to discuss if that's a hard requirement Thanks!
- proberts 1y agoThere is an argument that it is harder to renew an E-2 visa when there are no employees and limited revenues than to get a new E-2 visa when there are no employees and limited revenues because a new E-2 is forward looking/potential. But I'd have to dig in deeper to the facts to make a firmer assessment. Regarding majority control, that's not correct; it's enough if your ownership is just 50%.
- dustbunny 1y agoI'm a Canadian moving to the US under TN status. Im looking for tax advice on what to do with my TFSAs and my American income, planning on returning to Canada in a few years. I've struggled to find an accountant who seems to really know what they're talking about. Any tips? Also, the moving company wants me to get a visa before they book my movers, but the TN status thing happens at the port of entry. Can I get the TN status now even if I don't start for another 6 weeks? Can I get the TN "visa" from a consulate even as a Canadian citizen?
- proberts 1y agoRegarding a tax accountant, email me and I can refer you a few good ones. Regarding the TN, the employer could file a petition with USCIS and then you could present the approval notice to the moving company but this process takes longer and is a lot more expenses (and also riskier from an outcome standpoint, depending on the position and your education) than the other path, applying at a port of entry. There's no longer advance approval at ports of entry so going this route means that you will need to get the TN and commence employment, even if just for a very limited period of time, before relocating to the U.S. with your stuff and then returning to Canada to actually move your stuff.
- dustbunny 1y agoThey are doing the petition at USCIS route... Hope it works out.. already sold my house
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- yeebadoobey 1y agoAs a student moving to the US for uni and looking to utilize the Stem-OPT to find a job, what advice can you give? Also do some jobs give you any sort of priority in the H1B lottery?
- proberts 1y agoI'm not sure what advice you are looking for but at a minimum make sure that your degree is considered a STEM degree for STEM OPT purposes.
- yeebadoobey 1y agoSo how strict are immigration when they consider whether your job aligns with your degree? And is there any way to improve your chances at the H1B lottery considering how low they are?
- pakigrapeparty 1y ago[flagged]
- ksec 1y agoHonest question. If I live in a country with little to no Capital Gain Tax, why would I want to move to US other than job opportunity?
- kingstoned 1y agoI have a company in my home country with revenues of $200k/year with 12 transactions per year from US clients. Can I apply for an E1 treaty trader visa and what are my chances of success?
- kedihacker 1y agoIf I forge birth documents, will I get caught?
- gcr 1y agoPerhaps a different way to look at this is: what are possible future consequences of forging birth documents? My guess is that these consequences are likely to be extremely disruptive to you
- gptwashere 1y agoI'm a Brazilian citizen with an associate-equivalent degree and 15 years of experience in software engineering. I have an offer from a FAANG company for an IC4 position but I need to relocate to the US. Do I have any chances to get a work visa? I don't have patents, publications, or spoken at conferences.
- BergAndCo 1y ago[dead]