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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
193 points by proberts on Nov 27, 2020 | hide | past | favorite | 261 comments
I’ll be here for the next 2.5 hours and then again at around noon until the end of the day. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won’t have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.




Hi Peter,

Thanks a lot for doing this. My partner is on a cap-exempt H1B (academia) and is a citizen of a European country. She has her work authorization, but the visa in her passport is expired, and to my understanding she needs that to re-enter the U.S. should she leave the country. As you know, visas are not being issued until at least Dec. 31st by presidential proclamation. After that, it seems consulates have a huge backlog of visas to issue, so assuming the proclamation is not extended, it seems the time-limiting step will be getting an appointment. It is our understanding that until then, she cannot leave the country without risking her employment, as she may be unable to return to the U.S. for six months or more (which violates the conditions of the H1B).

I have two questions:

1. Is our information correct? We have found conflicting information from "official" sources (universities, lawyers, ...)

2. I understand the desire to prevent abuse of the H1B system. Is there some way in which these travel restrictions on active H1B holders prevents abuse? We're both very frustrated, but the worst part of not being able to see family is that there seems to be no logical reason for it.

Thanks in advance.


To be clear, there's no restriction on being outside the US while in H-1B status for more than 6 months (that restriction only applies to green card holders - and even there really isn't a restriction). Consulates are processing visas but only on a limited basis where there is some type of emergency or urgent need or where the applicant is working in health care or some other type of critical field. So, it's still possible to get a visa now, it's just complicated.


I'm a US citizen who has been working in Chile for a US company for several years. My wife of 12 years is Russian and has had a green card since 2000. She grew up in New York. She came here with me for my work, and due to COVID was unable to return to the US to renew her green card before it expired in April.

The company I work for is being acquired, and we are preparing to move back to the US. The consulate here said that because she has been away for more than a year, and because "staying with my US husband who was working for a US company in Chile" doesn't count as extenuating circumstances, her LPR status no longer applies, and she has to refile the IR1 from zero.

We've started that process, but having to stay in Chile for another 12+ months while they sort it out is at odds with needing to return to the US and perform my job for the new company. The consulate here isn't very friendly towards her (literally telling her she could have just divorced me and moved back to the US if she wanted to remain an LPR). We didn't have a problem returning after we lived in Poland for 3 years from 2008-2011 (also for my work), and your statement of, "...and even there really isn't a restriction..." caught my attention.

Is there some magic incantation or specific words she can say to the consulate here to grant her permission to return with me to the US and get her green card reinstated from within the US? My employer is being super cool about this, but it's clear that my role (Director of Community and Evangelism) will be executed better from _within_ the US.

If this constitutes legal advice you can't give in this forum, I'm perfectly willing to retain you to discuss it further. We're literally sitting in our house in Chile, bags packed, movers on standby, waiting for them to say she can return to the country where she's lived since she was 9.


The Embassy in Chile is clearly acting badly. So far it appears that you have received an informal opinion from the Embassy but there is a formal process under these circumstances that would reaffirm her green card status and allow her to travel back to the US. The document is called a returning resident visa and it probably makes sense or her to apply for this and force the Embassy to review the evidence and make a real decision. She should consult with an immigration attorney, however, possibly the immigration attorney for your employer, to help her with this application.


We applied for a returning resident visa. She went in for the appointment, with all the documentation, and that's when the consular told her that unless she'd been in a coma for the last several years, it was within her power to return. She could have divorced me and returned to the US, therefore the criteria for the RRV did not apply. She was told to submit for the IR-1.


That's an outrageous statement and completely at odds with the law. I would get your Congressman or Senator involved (they do these kinds of things all the time) and in the meantime, submit an I-130 so you don't waste time if you can't get this decision reversed.


Ok. Thank you for the guidance.


Wow, as a native-born US citizen, after reading your story I just feel honestly sad and ashamed. Like I seriously want to tell your wife "I'm sorry for the dipshittery you are experiencing from US government bureaucrats."

I mean, here you have a situation where someone does everything right, can't fly back to the US due to Covid, and then is denied her current statues due to being out of the US too long. "Catch-22" wasn't supposed to be a literal instruction manual on how bureaucracies should function.


Why didn't she travel back before April ? Could have joined later and avoided this.


My wife is an H1B holder who is now in line for a green card. She is unable to leave the United States until she receives that green card within a year from now.

Her passport will likely expire before then. It's all just a giant game :) Our solution was to lawyer up and let them handle everything for us, there is no use in trying to understand a government system.


You don't need to leave the United States to renew your passport. Your country's embassy in the US can do it for you.


Not the Chinese one apparently


This is true. My wife has renewed her Russian passport from Poland and from Chile, as well as from within the United States.


Whether you can renew a passport from outside of the country differs between countries.


I have currently no questions, but thank you for taking some time for those who have questions about this important topic!


Thank you.


I am on H1B for last 12 years. Born in India so standing at the end of never moving line. Basically dont see when I can get 485 or green card.

Is there a way for people on H1B to start a company? I don't know anyone from India or China who has done this. Reason I am picking India and China because they have the longest wait time. I have been waiting for 12 years and would guess I need to wait another couple of years before I can get anywhere with EAD or citizenship.

How do I go about starting a company on H1B?


It is possible but it's a challenge because there's a prohibition against self-employment in the H-1B context. The options are the O-1 (a high standard but self-employment isn't really an issue) or the H-1B but with cofounders so that the ownership and control are diffuse.


thanks.. cofounder route doesn't pan out for several reasons. All cofounder I want to work with are on H1B. And the last time I tried a citizen as cofounder they screw you for being on visa. Same as how big giant companies do just more directly.

Anyway, how does one demonstrate they have extraordinary ability for O-1 when everyone on the H1 list has a masters and been an engineer for a while? Any examples of how people have pulled this off in the past?


I think that's an unfair characterization based on citizenship.


I'd take a look at passright.com. They've helped tons of engineers and their approval rate (when you follow all of their instructions, of which there are quite a few) is very very high (90%+).


I thought one can't work for one's own company in O-1 just like H1B no?


As a general rule, being a founder and/or substantial owner doesn't disqualify one from O-1 classification (and in fact is usually an asset). The standard for O-1 classification is less whether one meets an abstract standard of extraordinary ability and more whether one meets the specific O-1 criteria which are often within reach of talented engineers without advanced degrees, particularly those who have founded or are in the process of founding a company.


Hi Peter,

Thank you so much for doing another AMA! I'm a 25 year old student on F1 Visa (OPTX) that expires in 7 months. I work as a software engineer at a tech company. The company will sponsor me in applying for the H1B visa. I'm also working on a startup with a US citizen. We plan to have the startup sponsor me as well for the H1B visa. Hopefully applying for a concurrent H1B visa (source: https://www.am22tech.com/concurrent-h1b-multiple-jobs/) will help improve my chances of getting picked during the lottery. I'm also considering a US O-1 visa and EB-1 visa, but might not have the right credentials. I have a Master of Sciences in Computer Engineering with Master Thesis in Machine Learning. I've built sophisticated logistics tools that generated $500k+ of annual recurring revenue in my role as a software engineer. The startup I'm working is launching soon and will be a B2B SaaS that should generate good cash flow. For who have been through similar situations or with immigration knowledge, your feedback and advice would be greatly appreciated: 1. What are my best options for staying in the US?

2. What other options do I have for staying in the US?

3. For an H1B visa, is there any downside to applying through multiple employers for different positions at different companies?

4. Do I have a shot for the O-1 or EB-1 visa?

5. Is it worth exploring options in Canada? If so, what is recommended for my situation?


There's no issue at all with having two companies submit your name into the lottery as long as both are bona fide companies and bona job offers. There's no question that the H-1B is the best option to work for the tech company and an O-1 might be an option to work for your own company, although probably not until it hs some "traction." Regarding Canadian immigration, email me and I can refer you the names of some good immigration forms there.


I'm from a country with a large EB2 backlog, and I'm at a principal/staff level at a FAANG, currently somewhere on the EB2 backlog.

What are my chances of getting an EB1 if I self sponsor (with help from a law firm)?

I have about 15y of professional experience but everything I've done has been very proprietary, albeit on well known household-name products. I haven't blogged or published either under my own name or for my employers. I can probably get references from senior leaders in various FAANG companies. I don't have a PhD but I have a Masters with some publications and a few dozen citations.


It's going to be tough because the EB1A standard has gone up considerably and is tough where there's limited public/external evidence of achievement. That being said, it's still possible where an applicant can be linked to the major achievements/product of his or her employer.


Hello Peter, thanks for doing this.

I'd like to know your opinion about acquiring an EB-1 visa being an IT worker. How difficult do you think it is ?.

I'd like to try to do what Julian Shapiro did: https://www.tefter.io/bookmarks/48931/readable.

Also, I'm in H1B-1. Could it be dangerous for me to try this?


Such a filing would have no impact on your current H-1B status or your ability to extend this status. Regarding an EB1A, the standard applied is extremely high and very difficult but we as well as other attorneys file them for IT professionals. It's just going to depend on how strong your background is. I'm not familiar with Julian Shapiro.


My plan is to get a L1 visa (I'll be eligible in 4 months) and then apply for a green card so I've got 2 questions:

1. When do you think US embassies will start issuing L1 visas (I've heard it's next to impossible to receive them right now).

2. Is it possible for a company to apply for an employment-based greencard (EB3) for an employee that is based out of the USA? How does the timeline look for those (when is the moment where it's the absolute necessity to arrive in the USA)?


What's your take on the widespread abuse of H1B visas by large tech firms? How could the H1B program be adjusted to protect both the visa holder and the American worker?


We don't represent large tech firms; our focus is on mid-size companies and startups and honestly I don't see abuse with these companies. What specfic abuses are you referring to?


I need to sign off now. I'll be back at noon. Thank you.


I have recently joined a FAANG company. I am currently working remotely in Canada (where I am a citizen) but they would like to bring me to the US in 2021 on a TN visa. I can choose to relocate any time from January to July.

I would like for my wife to be able to work in the United States. My understanding is that if I get on an H1B visa she would be able to get an H4 visa that allows her to work.

My question: Since the H1B is a lottery, is there any advantage to me moving to the USA ASAP (Jan/Feb) so I can try to get in the lottery for 2021? Or would that be too late and I would probably end up waiting for 2022's lottery anyway?


Have you considered getting an L1? It would tie you to that company until you get GC, but your wife would be allowed to work under the L2 partner visa.


Your spouse can't work in H4 visa


Thanks! I must be misunderstanding something then.

I was going off: https://www.path2usa.com/h4-dependent-visa

> An H4 visa allows visa holders to:

> Get a driver's license

> Pursue education

> Open bank account(s)

> Become eligible for an ITIN (Tax ID for IRS Tax purposes)

> Work in the US

Is this site just completely incorrect? Or are you aware of additional requirements they might not be stating?


You need to have an approved I-140 immigrant petition for your spouse to qualify for H-4 based employment authorization.

However, if your or your spouse's country of birth is also Canada, then at the present time you and your spouse can file for green cards concurrently with the I-140. Both of you will receive work authorization via these pending green card applications.

So the H-4 employment case wouldn't be really relevant to you. That program exists for people born in countries whose green card lines are backlogged, and who can't file for green card with their I-140.


That's right, H-4 work authorization is limited to those with a spouse with an approved I-140 from a backlogged country (that is, India and China) and category.


I have always been curious about the concept of "digital nomadism" and remote working while traveling to many countries around the world. Most people I know living this lifestyle have a very lax viewpoint on the concept that remote working around the world incurs special tax liabilities/visa requirements. I'm not sure if that's actually true or if living in countries for 2 months at a time for the purpose of remote working does create tax & visa nightmares.

Do you have any advice for US citizens who might be interested in taking up that sort of lifestyle? In particular, are there countries that are trivially amenable to such arrangements or certain types of employment contracts / job arrangements that help provide legal cover for perpetually travelling employees?


Unfortunately, I'm not familiar with the immigration and tax rules of other countries but what you mention I see happening more and more with our clients and our immigration laws are going to need to be changed to account for remote/no-fixed address employment.


IANAL but I have been DN for a few years, albeit not a US one. In my reading, US citizens are responsible for US income tax regardless of where they are in the world. Some of that is balanced by double taxation treaties, but this doesn't apply if you're floating from one place to the next.

While it's possible for some digital nomads to become a (tax) resident of nowhere, falling into a loop hole, it was my impression that this was not the case with US citizens. It's anyone's guess as to how long this will last, especially with this years uptick in remote work (if that is coupled with a return to the ability to travel after COVID).

In the case of self employed digital nomads it's possible to structure your businesses to legally minimize taxes. I run my business out of Estonia, which may not be the cheapest tax wise but has the benefit of being an EU country, and somewhat transparent about tax.

Estonia has flat 20% tax on share distributions. This is also great for startups. Money that comes into the business and stays in the business isn't taxed, simplifying growing your business.

https://nomadcapitalist.com has some good reading on the subject, both blog or book. Regardless of whether or not you agree with his observations on certain things.

I'm far from an expert, but if anyone wants to talk about my experiences, my email is on my profile.

Edit: Is it allowed to add answers in AMAs, I'm not across the etiquette.


Also Estonia has a Digital Nomad visa specifically for remote workers, allowing you to be in the country for ~1 year. Also a lot of digital nomads use https://safetywing.com for insurance. I believe they also have a remote team plan.


I'm a Canadian hired on a TN Visa for a California start up, I start in mid-December and plan to fly into California to obtain my Visa at that time and then fly back to work remotely from Canada. Is there anything about the TN that prevents me from working outside of the States?


Why are you flying to California? For onboarding? I would recommend getting a TN prior to your flight in case there are problems.

You don't need a TN if you're physically in Canada. You only need the TN if you're entering the United States to work. If you don't need to enter the United States, you can avoid this for now.


They don't have Canadian payroll set up and don't want to hire contractors.


Disclaimer: Not an attorney

Really, there is nothing about a TN that prevents you from working in Canada, because you don't need any authorization for you to work in Canada (as a citizen).

But what you are suggesting sounds wrong. Do you plan on paying US taxes but not live there? Do you plan on not paying Canadian taxes?

If you are getting a TN to prevent your employer from having to follow appropriate processes for employing people in Canada it feels like you are putting yourself personally at risk for this employer.

Again, I am not an attorney, but you should probably talk to one about options here because something just _feels_ incorrect about this set up.

Edit: I accidently remoted a sentence:

There are many organizations (PEOs) that try to solve this problem, such as https://remote.com/


As a foreign resident, don't pay US taxes unless you're a US citizen. If you don't use a PEO for some absurd reason, you may need to file a 1120F if you're exporting > $100k USD directly and you will have to issue a W8BEN or else your income is subject to a 30% withholding tax at the source.


Pardon? If you are a resident in the US, you pay taxes (whether you are a citizen or not).


This person wants to live and work from within Canada. Hence they are outside the US and do not owe US taxes.


They want to be an employee of a company in California, while living and working in Canada. This sounds like it's going to be complicated, and a blanket answer of "you don't pay US taxes" seems unlikely to be correct. They're also going to face issues like on day 1 when they walk into the office and they're going to have to go through the whole I-9 thing (https://www.uscis.gov/i-9-central) - waving hands and saying I'm going to live in Canada seems like it's not a solution.


They can't be an employee of a US corporation (as in, a person who gets a W-2, etc).

What they can do is either a) have the US employer set up a Canadian subsidiary that handles their payroll or b) set up their own Canadian legal entity (corporation, sole trader??) and execute a services contract between the two companies. Then they can pay themselves under Canadian rules out of that company, or do whatever plumbers do in Canada -- sole trader or whatnot.

ianal, nor Canadian.


Okay, yes, we're on the same page.

If they're not in the US though (as a Canadian), they're not a resident, and therefore not a "foreign resident".

The entire situation is weird because as we both mentioned elsewhere, the correct approach here is a PEO (or setting up the appropriate hiring organization in Canada), rather than claiming to live (or work) in the US in order to get a TN (either or which would subject them to US taxation), and then claim to not when it comes to taxes.


The government of Canada will make itself known within 12 months when you have no T4s, no CPP, no EI contributions, and no income tax withdrawals

There are plenty of PEOs that will solve this problem. There's an entire well known legal pathway for this exact scenario.

Trinet is popular for instance.


Why don’t they want to hire contractors? That is what they have to do. You also need to be registered as a business (sole trader at least) in Canada. You don’t need to physically go to California though.


Why are you getting a TN if you will be living and working in Canada? You can work for a US company as an employee without having US work authorization if you are physically outside the US.


Can people working on H1B visa open a company to run a side business such as a mobile application that doesn’t need employees.


It's possible but complicated because self-employment isn't permitted under the H-1B.


How is the new wage requirements affecting H1B approvals? I heard it was being challenged in court. Are H1B transfers and renewals also subject to the new wage requirements?

Thanks as usual for your time and contribution!


Yes, the new prevailing wage requirements are being challenged - and also might go away under the Biden Administration - but they apply now and to all new H-1B petitions even renewals.


Hi Peter,

Thanks for your periodic AMA’s.

I am waiting for my Canadian PR which I know would be granted in the next 6 - 8 months, once the pandemic ebbs. After staying in Canada for 3 years, I would be granted Canadian citizenship.

In 1st week of Oct 2020, I was informed my I-130 has been approved. My father, who became a naturalized US citizen in Oct 2018, had filed for my GC and I am in F2B category right now. I have been told it’s another 2 years before I get my GC.

Naturally my first priority would be to get Canadian citizenship, and then US.

I am expecting my Canadian PR to be approved by first half of 2021, after which I would be leaving for Canada. My GC would be approved by Oct 2022, approximately.

1. Do I have to land in USA as soon as my GC is approved? If my calculations are right, I would still be in Canada in the middle of finishing my 3 years to Canadian citizenship when my GC would be approved. Is it okay if I get my Canadian citizenship and only after that move to USA to pursue 5 years wait time of US citizenship?

2. How much tax would I have to pay to both countries? Is there a double taxation avoidance treaty between Canada - US?

3. Any other caveats I need to know before I become a citizen of both counties?

I am 31, working in IT with 4.5 yrs of work ex, currently based in India, have a 4 years bachelors of engineering degree, and never married.

Any suggestions would be reciprocated with immense gratitude.


I am a Canadian Citizen orignally from India. I have a MBA from Cornell. I have heard that the H1-B visa cap is not applicable for my case. Is this true ?


It is; it's just that there are 2 buckets, one for this a master's degree or higher from a US school and another for everyone else. What this means in practical terms is that you will have a much higher chance of getting selected in the lottery than someone without a master's degree or higher from a US school. Also, as I'm sure you know, you might qualify for a TN, which is not subject to a lottery.


I have a master's degree or higher from a US school. When I applied for an H1-B a few years ago, my employer's immigration lawyers decided not to submit applications under the master's cap, since my degree was unrelated to my position.

Are there potential issues if the master's degree is unrelated to the position? I have a related undergraduate degree.


Yes, there are potential issues but they could be overcome.


Hi Peter, I'm a Canadian student. I recently received a summer internship offer starting in May 2020, however I would like to enter the U.S. in January.

(1) Could entering the U.S. while the J1 application is being processed (in January) cause issues (e.g. due to an updated I-94 for instance)? (2) Could I get the J1 visa to start in January so I don’t need to return to the border come May 2020?

Thanks

Edit: grammar & organization


I would need to know a lot more to be able to answer these questions. Please email me separately.


Will do. Thanks for taking the time!


Hey Peter,

Me and my partner recently (1 month ago) got our green cards via my employer. My partner had previously started green card process through their work as well which is currently in PERM phase.

Is there any value in continuing my partner's green card process through their work? Is it at all common that EB green cards are rescinded? I have no reason to suspect this, I am just being extra careful.


No, there's really no reason to continue with that process; I've never seen a green card revoked because improperly issued.


Hi Peter, I am from India and was thinking for a startup route via YC, what would be the best visa category I should apply for YC batch and later what are the options for incorporating a company in USA. India does not allow concept of dual citizenship, so at i think best my future goal wolud be for like startup visa and greencard? Can you give me your opinion??


Is it legal to hire someone in the US from a foreign country because the hiring manager is not fluent in English and needs someone with fluency in a foreign tongue, when other qualified candidates DO speak English? I lost an engineering job with a fortune 500 company once, for a job in California because I believe I did not speak Russian.


That's an employment law question but I don't believe as a general rule that it's a violation to require a foreign language.


It looks like the issue is a little complicated, according to this website, they can but it the examples given seem to be a little more pervasive than just a single manager not speaking English: https://www.shihabimmigrationfirm.com/employment-based-immig...

On the other hand, if the product or intended market involved a foreign language it would definitely be okay.


My company is concurrently filing the forms I-140 and I-485 for my GC in the EB3 category pretty soon. 180 days after that, when the AC21 rules kick in, and I have my EAD, would I be able to move to another state in the US and continue working remotely from home for the sponsoring employer in the same position?

Thanks!


I'd need to review the filed applications to advise but as a general rule, after an I-140 is approved and the I-485 has been pending for 180 days, the applicant can port his or her green card application to another company or even to another position or location within the same company - as long as the applicant continues to work in his or her occupation.


My understanding is that once you have an approved I-140, an I-485 pending for over 180 days, and an EAD, you can pretty much do whatever you want (including nothing) so long as by the time your I-485 is adjudicated you then have a same or similar job. Is that correct?


Thank you!


Hi Peter, Thanks for doing this again. My girlfriend is here on an H1B visa and applied for a Green Card but her application has not moved forward in the Department of Labor for 6 months. It is now considered delayed. Is there anything we can do to keep her in the United States? Thanks


Thank you for the Q and A! I have an EB-1A sponsored by my employer, i-140 approved and it's been 180 days since my employer filed i-485 (still not approved). I have my EAD and AP in hand. Can I change jobs, lose jobs, etc with no fear of losing my green card?


You really are free to change jobs without issue but you should work in the same or similar occupation.


Thank you!


Unrelated, but if you don't mind, how did you/your employer manage to get a EB-1A filed?


I just asked and they did it, haha. I work for a big company with a big lawyer team. I came here on an O-1 and it was basically just resubmitting all that paperwork. I was actually pretty pissed off at the time, because they just filed it super fast after I asked, without even getting my final approval on the full application. I thought the standard for EB-1 was much higher so I was worried, but it turned out fine I guess (though I haven't got the physical green card in my hand yet, I do have the i-140 approved which I think is the hard part where they judge if you're "extraordinary" or not?).

Getting the O-1 was such a nightmare though. I'm not being modest. I'm really not extraordinary at all. I just think the O-1/EB-1 system is a little antiquated, so they look for things like academic publications more than e.g. if you actually invented a really great technology. Plenty of colleagues are actually more extraordinary and productive than me. The criteria for O-1/EB-1 maybe made more sense back in the 1970s where the smartest folks wrote academic papers? But anyway, I did a PhD in a very niche subject area which was kind tied to applications in industry, which you can make the argument affects lots of people, and so the general argument the lawyers made was: "X is a very niche field. America needs X". I have a few hundred citations, not thousands. But one or two pieces of work were with bigger companies so did make the press (mainly a short article which was copied and multiplied lots of times across different outlets). The really big pain was asking for 7+ references from people I had worked with in the past, explaining that, hey, this isn't a normal professional reference, this is a US immigration thing, so if you could say how much of a genius I am that would be super helpful, thanks.


t seems like you're exactly the sort of person that both the letter and spirit of the law are supposed to help. It's not supposed to be a system just for, say, Nobel Prize winners.


Thank you! Yes, it worked well for me, but I can't help but think the real intention of the visas is just to bring "extraordinary people" to the US. Saying that, I have no idea how to devise a fairer criteria to judge that (because I'm not that extraordinary, obviously). In my mind, I'm thinking of some people I know who are definitely a lot smarter than me but just don't have a PhD and publications. Some of the best people I know don't even have degrees. How can an immigration official with little knowledge of the area of expertise differentiate those people and bring them here?


Hi Peter,

I'm a start-up founder, on a H1B, and I just filed my EB-1a-based I-485. My H1B expires end of March 2021. Do I need to renew my H1B, or can I simply use the AOS application to maintain status while the green card comes through? I imagine after my H1B expires, if I don't file for a renewal, I won't be able to work, unless my EAD comes through on time?

Under normal circumstances I'd renew my H1B, but given the insane salary requirements due to recent changes to the program, I need to pay myself upwards of 250K, and I just don't feel too good drawing that level of salary as a founder :)

Do you have any advice? Would USCIS relax the salary requirements for founders?


What are the relevant dates: when did you file your I-485 and EAD applications and when does your H-1B expire? Also, do you have any sense how strong your EB1A is?


H-1B expires March 31, 2021.

My I-140 (for EB1A) was already approved, back in April 2019.

My I-485 (and I-765 and I-131) were filed around Oct 15, 2020 (last month), and I'm still waiting on the receipt notices. Just last week I saw the check debit my bank account, so I assume I'll get the receipt notices anytime now.


How can someone on a H1-B which is tied to an employer start a start up and file EB-1a?


Getting a H-1B for your own start-up is quite straightforward if if you have more than one founder and you've raised some investment. You need to be able to show that you can be fired, so typically having <50% ownership and a functioning 3-person (or more) board who can control your actions is sufficient. You can get one of the other directors, or a co-founder (assuming they are in a position of power, such as CEO or Director or President) to sign off on the petition. They don't need to be a US resident, just an officer of the company.

For new companies, you need to be able to show enough bank balance for 1-2 years of salary (we had 300K in the bank when we applied for my visa).

For salary requirement, to start off with, don't list yourself as CEO or CTO in your first petition, as that greatly increases the salary you have to be paid, this may not make sense in the early days of the company. In reality, for the first 3 years, I was a solo-developer, so I simply listed myself as a software developer. 3 years later, once we had a team, and when my H1B came up for renewal, I listed myself as CTO, and had to pay myself 2x.

Just be careful to list the role that closely resembles what you actually do in the company, and while it maybe nice to call yourself CEO or CTO, in all likelihood, in the first couple years, you're not really functioning anywhere close to that capacity, so take advantage of that :)

H1B => EB-1a (assuming your credentials are in place) is also quite straightforward. EB-1a can be self-petitioned, so you don't even need the company to sign off. Just get a good lawyer (like Peter) and that'll be sufficient.


Last time they explained some trickery around the board filing it if the board consists of some University folks if you finished your degree just there?


There is a restriction on green cards that the holder cannot be outside the country for more than 6 months. How strictly is that to be followed, asking because I might have someone in that situation soon because of the pandemic.


If the person intends to naturalize in the US, a 6+ month period outside the US is also presumed to break the continuity of residence, which resets the 5 year clock for naturalization.

You can challenge the presumption of a break though.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter...


It's actually not really a restriction. The real issue is on absences of more than one year. And with the pandemic, I've had no issues with clients stuck outside for more than 6 months - but less than one year.


How soon after (maybe 6 months) receiving a EB3 greencard can I leave the sponsoring employer without raising suspicions? (Been working there for 4yrs+) Can anyone take the greencard from me leaving too early?


There's a lot of misinformation about this but there's really no waiting period and really hasn't been since AC21.


Ah nice. Is there anything else I have to do? I want to be self-employed ASAP I don't have to stay in exactly same profession, right?


You would need to continue to work in the same field, although this is very broadly defined and generally just not an issue, and although you can port your green card application to your own company, USCIS will want to make sure that this company is real and doing business.


Are you sure this is the case AFTER I received the actual greencard? I thought I wouldn't even have to work technically (which of course I plan to do) I understand this is the case while i485 is pending.


Not after receiving your green card. After applying for 485.


Correct.


I was on an F1 OPT. My employer applied for a H1B/E3/TN adjustment of status so that I could continue working after the OPT expiration. Unfortunately the I797 came in after the OPT expiration date. Not only that, the approval notice came in after the 60 day post OPT grace period (and I didn't leave the US). So, I overstayed on my OPT visa, but I am currently in the US on a valid visa. Should I expect problems in the future? Am I still accruing unlawful presence due to overstaying the OPT? Or does the clock stop once I receive the I797.


It does not appear that you have overstayed. As long as the request to change status was filed wile you were still in F-1 status, you were authorized to remain in the US until the petition was reviewed/approved.


I just looked this up, and found something about the H1B cap gap extension.

https://internationalcenter.umich.edu/students/f1-students/c...

Is that what you are referring to?

The reason I ask is because it seems to me that the cap gap extension only allows staying until Sept 30, not until the petition is approved (my petition was approved in november).

Thanks!


Why is it so hard to get hired if you aren't in the US. Most positions need to know if you would need VISA help, why is this still a problem even in the remote era? What distinguishes YC companies


Hi Peter, I'm in the UK and have an approved I-140 (EB2 NIW). I'm waiting for IVP but due to COVID19 and the various visa bans, the London Embassy is apparently only scheduling interviews based on National Interest Exception grounds. I'm co-founder of a new startup in my research field (same basis as NIW, cloud computing), looking to move to the US to register the company, raise a seed round and hire. Do you think that NIW could provide grounds for a National Interest Exception?

Thank you!


Possibly but you would need to show something more, such as job creation or some connection to medical research or healthcare or infrastructure.


Hi Peter

Thanks for doing this! I am currently on a J1-Fulbright (with 2 year home requirement), and was planning to apply for an O-1 in future (once I have a few years to resolve and obtain funding for a startup idea). I've been told by Fulbright that it would be damaging to future applications if I am denied a 2 year waiver. Is this true, and is it likely that a waiver will be granted with the new administration? Is it too late if I intend to graduate in June 2021?

Thanks for your help in advance!


Just to be clear, Fulbright is telling you that future applications, such as an O-1, could be impacted if your J-1 waiver application were denied? That's absolutely not true.


What are the best ways, right now, to be able to work and reside in the US, for a talented, experienced, somewhat wealthy IT professional? E2, O1, H2B, else?


Without knowing any of the details, generally the best options are the E-2 and the O-1 (assuming that you are not from a country with its own visa).


Hello Peter,

I have Cystic Fibrosis, does this exclude me from the H1B visa?


Not at all. What's your field?


Are there any immigration law implications for H1B holderes interested in being a co-founder and/or investor and/or advisory role in a startup


The issue is whether these activities rise to the level of employment, that is, providing a service in exchange for some type of compensation or benefit or really anything of value. The main issues arise when the investor or advisor owns a piece of the company invested in or advised. The specifics very much matter, however, so send me an email if you would like to discuss.


how expensive is it for startups to hire immigrants or sponsor an h1b? wouldn’t it be cheaper/easier to hire americans until the company is larger?


All in for an H-1B, anywhere between $5k and $10k depending on the legal fees and whether premium processing is used. So a company would avoid these costs if hiring US workers.


Hi Peter,

Thanks for taking your time to do this. Well, i am a asylum seeker currently seeking asylum here in the United States. I came to the US through the border. Upon, arriving to the US, I enrolled in college currently doing my undergrad in computer information systems at Baruch College in NYC. I want to know whether or not my college degree can play a critical role in helping me with my green card process? Thank you


How soon after an approved H1B can one start the green card process in current situation, especially with drastic increase in the wage requirements?


I know that Microsoft and Amazon start you on the process almost as soon as you land on American soil, but proberts will know more.


I'm working under H1B. My PERM has been approved and I'm waiting to apply for i140. I'm getting married in few months (my to-be spouse is outside US and doesn't have a visa) and I want both of us to get the green card together. Is it OK to start the i140 process without getting married and add my wife's name when filing for i485 (after wedding in few months?)?


Yes. But she would need to be in the US in H-4 status for her to be able to file an I-485 application with you.


Hi Peter,

Thank you for doing this.

Can someone who has unused H1-B from long time ago, use it if they have a job offer from a US tech company and is presently outside the US?


Yes, it's possible to use unused H-1B time from a while ago to get sponsored for an H-1B now (and avoid the cap). But there's a limit; if it was too long ago, it might not work.


Thank you. It's almost 10 years I think.


Since the H-1B was approved or since you were last in the US in H-1B status?


Hi, I am on H4 EAD and planning to start either C corporation or LLC with a little investment (personal). My EAD expires next March and I am not going to take any salary. My question is, if my EAD extension is not approved by next March(most likely the case considering the queue), can I still continue working for the company I incorporated? Thanks!


A nuanced question which turns on among other things the definition of employment which in turn will depend in part here on how far advanced the company is at that time. I would need to speak with you to explore this but the short answer is that it might be possible to continue after your EAD expires.


Hi Peter, thanks for doing this.

Founders need to understand the basics of immigration paperwork. For native citizen founders, this is probably our first interaction with the USCIS; we basically know nothing. Can you point us to any YC or legal white shoes backgrounder on what we need to know about hiring people at their various stages of immigration paperwork?


Got a copy of this book recently but yet to dig into it: https://www.amazon.com/Immigration-Startups-Founders-Jason-S...

Thought it might be useful to share here


USCIS offers guidance on its website but I'd recommend that you spend 15 minutes with an immigration attorney to understand the immigration options and issues (because the USCIS guidance is limited).


USCIS


Hi Peter,

My wife (American citizen) and I (citizen of a South American country) got married in March of this year (we live on the East Coast) and I have submitted my Green Card application as well as Form I-765. Is it possible for an American company to hire me with that form pending? Or are my employment prospects basically zeroed until I receive said form?


You don't need the actual green card to start working, but you need to wait for your temporary Employment Authorization card (you should also get a temporary Parole card to be able to travel outside the US). Not a lawyer, but I went through this process 5-ish years ago, that's how it was at the time.

You can probably start interviewing without these cards (as long as you disclose your atypical schedule to the employer), but you won't be able to start working.


IANAL you must get ead card in your hand to be able to work. Employers will not even interview you if they don’t receive a copy of it.


Unfortunately, you can't work until you receive the EAD.


Hi Peter, thanks a lot for doing this. I know I'm a little late but posting my question in case you see it: I am an Indian citizen (currently residing in India) and my potential co-founder is on H1B in the US. We want to start a startup in the US (because that's where our market is). What are the best visa options for me and him?


Hi Peter, thanks for doing this. I just want to say Thank you for engaging in this kind of discussion. It benefits all of us.


Hi Peter, Thank you for doing this. I am a student founder at a university in the US on J-1 visa (with 2 year requirement in place). I have got an interview with YC last summer and plan to apply again. If I got into YC and plan to continue working on the startup full-time, what would be my options in term of immigration and visa?


Neither the B-1 nor the O-1 are subject to the 2-year home residence requirement so one of these might work. You also might want to kick off the waiver process at some point.


Do you think the new administration will have an impact on immigration and if so, what do you think will change?

My wife and I have been waiting since July on an update to her K1 adjustment of status. Some of that is COVID related issues, but I suspect some of the delay is due to additional processing of the new requirements (e.g. I-944).


To be clear, where exactly are you in the process?


Got married, submitted adjustment of status forms, received notice of action 1, waiting for biometric appointment.


Hi Peter,

- Are J1s being issued for software engineering interns for next summer? I thought these were paused, but not sure what the latest is.

- Would it cause problems if an H1B holder relocates to a different US state (one where the sponsor company doesn't have an office), but keeps working remotely for the same company?

Thank you.


J-1s are still being issued but only on an exceptional basis. It's likely that this ban will go away with the change in administration. As an H-1B visa holder, you can only work at the locations listed on the LCA and I-129 with limited exceptions. So if you want to work remotely for an extended period of time at a location no so listed, then your employer likely will need to file an amended H-1B petition before you are able to work remotely.


What's a reasonable price to pay good lawyers to put together an H1-B application for an employee?


I think the vast majority charge around $2,500, plus or minus $500, although I've seen as low as $1,500 and as high as $5,000. Most also charge something additional charge if the petition is a cap-subject petition as opposed to a transfer.


I’ll be eligible to apply for naturalisation next year. N-400 processing times for the SF office are currently 14.5-17.5 months, compared to 9.1 months nationally and 5.6 months 4 years ago. Speculatively, is this something the new administration could remedy quickly?


The expanded processing time is the product of the pandemic (shut down of offices, their limited capacity, and the backlogs) and political priorities. The Obama Administration made the expeditious processing of naturalization applications a priority and reduced the processing time to around 6 months on average. We will still feel the effects of the pandemic for some time but if the Biden Administration makes the processing of naturalization applications a priority, then the average processing could go down, and probably significantly.


I submitted my application online a few weeks ago and it's saying both "We are taking longer than expected" and "Estimated case completion time: May 2021 (6 months)". Is that date wholly unrealistic then?


Thanks! I'll keep my fingers crossed.


I worked in US and was on TN Visa until earlier this month. Came back to my country (MX) and got a travel B-1 visa already. I'm bootstrapping a startup (remotely) with a US Co-Founder. Will I be able to incorporate when the opportunity arise?


Hi Peter,

Can I come to USA on TN Visa while my green card file is in NVC. My father(US citizen) sponsored me in 2017. I am over 21 age. My I 130 was approved two months ago by USCIS. I need to wait 3 more years before I get Green card as per visa bulletin.


Hi Peter,

I am a computer science masters student on F1 visa(I am from India) graduating in May 2021. I want to start my own company soon after. Is it possible for me to start my company on OPT? If yes, how can I continue to work after my OPT expires?


I'm on the Eb5 conditional green card and submitted by evidence for the job creation and adjustment of status and received my fingerprinting notice date in dec. Does that mean my conversion to a permanent GC is a mere formality?


Not necessarily. You job creation evidence needs to be reviewed as well as your immigration history/compliance.


This must be right up there with the best in terms of successful advertising campaign.

And I don't mean that negatively - clearly tangible value is provided in these threads so fair play.

Still...PR masterstroke in terms of reaching your niche audience.


I wish I were that smart but thank you. I just don't do enough to give back and this is one way that I do or at least try to.


Can you point us towards any resources for general immigration hiring frameworks for early stage startups? Given the current shift towards remote work, I'm interested in learning more about different approaches.


I'm not aware but if you ask specific questions, I might be able to help.


Hi Peter,

I'm wondering which visa pathways are interesting to consider for permanent relocation of EU citizens, and possibly Iranians and South Koreans when relocating entire startups to silicon valley. Thank you for this AMA!


It's going to vary depending on the country of citizenship but right now the best path to transferring large numbers of employees to the US is the E-1 or E-2 visa. For large companies, the L-1 visa also can be a good option.


I'm a DevOps engineer living in Europe with 10+ years IT experience. No formal education.

What's the best path to work and settle in the US with my wife?

What's a good but reasonable salary that I could achieve?


Salary will depend heavily on where you want to live. As someone else commented, SF salaries are insane.

If you don't live in SF, your salary will not be that insane. Seattle/New York will be close.


Expect $175,000 to $300,000 compensation.

https://www.levels.fyi/Salaries/Software-Engineer/San-Franci...


I recently downgraded to EB3 and filed concurrent AOS and I-140. If my spouse uses EAD, does it mean I get tied to EB3 for AOS or I can still move to EB2 in case that queue goes faster?


You can still move to EB2.


I've been in tech for 28 years and I'm thinking of going to law school next fall. My focus would be law and technology. Comments/thoughts? Thank you!


Fantastic field with tons of opportunities.


How soon before the 5 year citizenship application mark (post-getting your green card) can you begin the application process?

Is it advisable to file for citizenship on your own?


1) you can submit application paperwork 6-months prior to the 5-year mark.

2) I did this on my own. It’s quite straightforward and there are tons of great resources online.

Two things to help you: 1) use Adobe Acrobat Reader to fill the form. The forms were created with Adobe’s tools (or so it seems), so validation is built/in. Also, there are sections where the response to the first question dictates the next few responses; with Reader, if you don’t check the box, you don’t need to fill N/A in the rest of the fields for that section. This might seem like a small detail but when dealing with USCIS, you don’t want to take any chances. With the right tool, you don’t have to worry.

2) if you don’t hear back on your application post the interview stage, request an appointment with the reason that you want to provide additional details or answer follow-up questions. My application got “lost” in a pile somewhere and took 75-days to make it through to the step wherein I could schedule an oath ceremony. The wait is nerve-wracking, to say the least.

Good luck and send me a message if you need any help. Once again, not a lawyer; just another immigrant who went through naturalization (and now filing of my dad’s GC) on his own.


You can submit the application 90 days before your 5th year anniversary as a permanent resident and unless you have an issue - extended time outside the US while a permanent resident or a criminal record - it's a really easy application that doesn't require the assistance of an attorney.


Hi Peter, is it possible to self sponsor yourself with your own startup for a visa? For example, an E-3 and assume that the applicant is an Australian citizen.


Can I get a TN1 as a citizen but a non-resident of Canada?


I am 100% not a lawyer, so understand that.

But having gotten a few TNs at the border, they've never really asked about residency.

With your degree, a letter from the employer highlighting the constraints (role, salary), they ask you some questions and that's it.

If you are young, the border guards might get stuffy that you make 2x their salary, I found that to be the case.

The Mexican border officials I found have no clue about NAFTA/TN, it's literally a trade violation, it's really odd I guess they don't process many Visas but you'd think it would be 'in the book' somewhere.

So if you go to the US/Can border with the right paperwork, my experience (not legal opinion) has indicated you'd be fine.


You have to ask for a NAFTA officer. You should do your research where the NAFTA officers are and cross at those border entries at the times they are present.


The staff at the Mexican border had absolutely no idea what 'NAFTA TN Visa' was, there was no response of "We don't have a NAFTA officer on duty now, come back later or go to XYZ border crossing" it was "What are you talking about? We have no idea, go away."


I may be able to share my experience here since I went through multiple TN1s.

You'll satisfy the citizenship requirements but will have difficulty proving significant ties to Canada if you don't have a bank account, car, home or family still in Canada.

Typically speaking you'd have some of these ties if you were a resident of Canada but it doesn't really follow as a hard requirement.

As long as you satisfy the border officer that you have the intent to return home to Canada after finishing your contract, you will most likely receive a TN1. It becomes easier if you're a current resident.


Absolutely.


I have a tech cofounder who lives abroad. How easy/convoluted would it be for him to come to the US through L1 sponsorship? Does it even make sense?


That will depend on several factors, including how long he has been employed by the company abroad, the number of people employed by the company abroad, and the number of people employed by the related company in the US, among other factors. Oftentimes, for startups and small companies, an O-1 makes more sense initially.


Hi Peter. Do the new H1B wage requirements also affect those already with a H1B but seeking renewals? (for ex, if they're in the green card queue)


Yes.


Hi Peter,

Citizen here, but only thanks to people like you who got my parents through the immigration process. Just wanted to give you kudos for hosting this Q&A.


My wife and I are both on H1B. If one of us has to go to H4 due to unavoidable circumstances, can that person again apply for H1B while in US?


Hi Peter, is it possible to get a L1 visa if I don't have a degree but been at the company for more than 5 years in a European office?


Yes. There are two options: via a blanket L-1A visa application as a manager (the blanket L is available to relatively large global companies) with a US Consulate or via an L-1B petition as a professional/specialized worker with USCIS.


Thank you!


Hi Peter, If you're currently on H1-B, what are the ways you can achieve Green Card through founding your own VC-backed startup?


Hi Peter,

How long can you be outside the US if you're on 1. TN and 2. H-1B (for both COVID-related reasons and for non-COVID related reasons) ?


I am from India and we would like to start our operations in US. Are there any other visa options for founders other than H1-B?


If you have an existing company in India, and have been working in it in an executive or managerial position for over an year then look at L1A followed by EB1c. Thats the route I took.


EB5 program exists if you are well capitalized.


That's right but the EB5 process is really slow right now. The other options are the O-1 extraordinary ability visa and the L-1 intracompany transferee visa (if you have existing operations in India).


Depending on a variety of factors including whether there are spouses involved who would like to work and whether multiple founders and/or employees will need work authorization, the options are the O-1 and the L-1. (The E-1 and E-2 are unavailable to Indian citizens.) There's also hope that the Biden Administration will revive Obama's International Entrepreneur Rule (or IER). This likely would be the best option for many founders but we'll have to see.


What are some of the greatest legal risks/vulnerabilities for startups and how can they be mitigated? Or unexpected risks.


When you say legal risks/vulnerabilities, are you referring to immigration ones (because these are the only ones I am able to comment on)? And are you referring to startups founded by foreign nationals only?


I was just discussing in general, but if you can only comment on immigration-related ones I’d be curious to hear what some common issues are that startups run into when hiring immigrants.


They're really no different from other companies hiring foreign nationals. Sometimes, however, with startups, USCIS wants to make sure that it's a real business and will ask for evidence of this in the form of client contracts or letters of interest, funding, products or product development, etc.


Hi Peter, if I marry my girlfriend who is from the USA how long do I have to wait until I can work in the US? Thank you


I'm not the expert (although I did marry a US citizen...) but I understand the answer is "pretty much immediately", but there are likely to be some paperwork delays in terms of having the necessary proof of residency in order to convince an employer you are legal. Here is a page with detailed info: https://www.uscis.gov/family/family-of-us-citizens/visas-for...

And of course: if you plan on doing this please get yourself an immigration attorney. My pro tip is to avoid the busy areas in the US for immigration (Bay Area, LA, NYC...). I did my green card process in Montana with a local lawyer after a few years under the yoke of the San Jose INS office using SF-based attorneys. Night and day experience.


sorry, maybe a dumb question but did you have to be physically in Montana?


I am an Australian nation and wondering if you know of any companies that sponsor under the E3 visa in Silicon Valley?


I'm an Australian working in CA at a tech startup. Lmk if you have any q's about the E3. Tldr of it is that it's really easy to get if you have an offer of employment. So easy you shouldn't need a lawyer, which my company found weird because they're used to the complexities of the H1b.


A lot do and as you probably know - at least pre-pandemic - the E-3 visa is relatively easy and fast to get. Unfortunately, I can't provide the specific names of clients.


Yes E3 is one of the easiest, along with Canada/Mexico. Should not be an issue for any company in the Bay Area.


What is the best route currently for someone on the H-1b visa to startup in the US? Is raising VC funding a necessity?


That will depend on a number of factors, including country of citizenship and the amount and origin of any funding. There are visas specific to certain countries and these are always the ones to look at first because they are often the easiest to obtain. Other potential visas include the E-1, E-2, and O-1. And sometimes it just makes sense to remain employed by the founder's current H-1B employer and file a concurrent part-time H-1B through the startup, which at least allows the founder to work openly and with valid work authorization for his or her company.


what is something that is currently broken, or very difficult to achieve, that you believe should be easier?


Do you mean immigration-wise?


working with startups.


It would be wonderful if the Biden Administration revives the International Entrepreneur Rule because we really don't have an immigration option specific to startups and this would make it much easier for the founders of moderately funded startups to work in the US and build up their company.


Hi Peter, Thanks a lot for doing this. What are the risks for an F1 student on OPT to run an llc a the US?


What do you imply by "to run"? OPT doesnt restrict from registering llc, hoowever to work for own llc difficult buerocratic proocedures might need to be completed also refer to the answer in the post https://news.ycombinator.com/item?id=25232444, please


Can an employee on EB green card leave their sponsoring employer to start a PhD in the US and keep the GC?


Yes. Once one has a green card, one can do anything.


Can I be a startup advisor and accept advisory stocks from a startup while on H1B visa for other company?


How do I find a job in the Bay Area in a company which is willing to sponsor visas, from India?


How did you get into immigration law and then how did you become to work for a company like YC?


To be clear, I don't work for YC. I always was interested in US immigration and like just about everyone in the US (with the exception of Native Americans), my ancestors immigrated here. And the federal judge I worked for after law school was a strong supporter of the rights of those seeking asylum in the US. And then I was extremely fortunate to work for wonderful immigration lawyers early on in my career which solidified my interest.


What is the difference between doing work for someone versus simply just working for someone?


Can you elaborate because I'm not sure that I understand what you are asking?


legal difference? it might need more context to extend on it e.g. contract work / versus onsite employment etc.


Level of independence, probably.


If you have to ask...


Hi Peter, is it possible/how difficult is it for a Canadian to set up a Deleware corp?


Hi You may easily form Delaware corp with clerky


That's right, it's very easy in the US to set up a company and many founders use Clerky.


Thank you!


What are chances for H1-B if one take online masters from US universities ?


An online master's degree is fine but note that the H-1B is not available to those with degrees from for-profit institutions.


online masters doesnt grantt visa for H1B you will need a sponsor


yes but it's a master's, does that affect the decision making process is my question.


exactly. Havng a proof of skills [ e.g. as Univesity degree] will add chances over similar applicants that do not have one


Peter -- what's your take on the various COVID-related presidential proclamations vis-a-vis the incoming presidential administration? Is Biden likely to unwind these immediately, or not?

Second, is there anything in the whisper network about how forthcoming US embassies have been with National Interest Exceptions for the above. There is basically no information available online about what categories of people can get these exemptions and which foreign embassies are most forthcoming.

I'm a noncitizen living in the US, traveling to Europe in January and as of right now don't have a concrete way to re-enter the country, since no foreign embassy will discuss the NIE until I'm present in their respective country, but that means I need to fly with an open ticket and worst case scenario will have to return to Canada or Mexico for 14 days before re-entering the US.


My sense is that the travel bans and bans on the issuance of H-1B and L-1 visas will go away soon after Biden takes office (although they might be replaced by quarantine requirements in the US). Regarding the NIEs, I agree, the process is very frustrating because the information is hard to come by and varies from Consulate to Consulate but based on my experience, NIEs to the ban on travel have been freely granted if one is returning to the same company and position in the US.


How can college students on F1 visa start a startup?


Limited preliminary things can be done but you can't really run it and work for it until you have OPT. Some F-1 students, with very strong backgrounds and great ideas, try for an O-1 or even a green card but the standards for these are tough to meet, particularly for someone young.


you may reffer to https://www.youtube.com/watch?v=CBYhVcO4WgI https://www.youtube.com/channel/UCcefcZRL2oaA_uBNeo5UOWg


Hi Peter - thanks so much for taking the time. How quickly do administrations tend to impact the flow of immigration to a country? ie. if Biden were to relax some of Trump's policies, how soon could you expect people from Europe etc. to be able to start taking advantage of that. Know it's hard to gauge but would be great to hear from your experience with previous administrations.


My understanding is that all or nearly all immigration actions taken by the Trump Administration via executive order will be undone by the Biden Administration very quickly if not immediately including the travel and visa bans. So, the only obstacle - which is a major one, however - is the pandemic and the corresponding very limited operations of US Consulates around the world.


governmental processes are very slow for ammendments / adjustments to get enforced could take years


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So do you retain priority date on O-1 that we get on H1b? can you please DM me info on how I can reach out to you for next step?


I don't seem to be able to DM... maybe not enough karma? DM me or logan@legalpad.io and I can walk you through a few options.


same problem for me too... fake internet points red-taping real conversations.. :)

Anyway, emailing..


Can you please share more details for h1-o1 conversion?


I don't seem to be able to DM... maybe not enough karma? logan@legalpad.io and I can walk you through a few options.


[flagged]


Your welcome in the Netherlands 🇳🇱: https://ind.nl/en/work/working_in_the_Netherlands/Pages/Star...


also maybe Hong Kong might be an option?


[flagged]


I sure am proud of his work, helping thousands of people get better jobs and live betters lives.


In a choice between a bad deal for the founder and insolvency, which would you choose as a founder?


Hi Peter,

What type of effect has the proliferation of immigrant worker programs created by the federal government in recent decades, such as H1B, had on the natural born American worker? Generally positive or negative?

Thank you


Not an expert, but I was one of those immigrants who took work away from the natural born workers. My understanding is that economists mostly agree that immigration, especially of skilled workers, is generally beneficial to the economy of a country, but perhaps not so beneficial to the local workers who would prefer wages to become inflated due to constrained labor supply. My personal experience was that I got to pay significant US taxes which would otherwise have been paid to another country, then I founded US-based companies that hired natural born employees. Now that I've been a US citizen for 12 years, so I feel that H1-B entrants are reducing my earning potential? Nope. I'd more concerned about smart engineers living in other countries where the cost of living is much lower, who can work remotely, sometimes competing with me for the same work, although to be clear I'm really not concerned about those folks either -- it is hard enough to find good developers in one country that typically one has to expand the net worldwide.


Did you immigrate from China or India?


You're getting downvoted because this isn't something that Peter is claiming to be an expert in. He's an attorney, not an economist.


I would expect an immigration attorney to be generally well-versed in immigration in all facets. I’m a Rust developer but I generally keep up with all topical software engineering issues.


it depends. In my opinion, each case/ impact is individual while some cases might impact negatively the native american [ in reservation? born in US? or to which extent native?], others might impact them in a positive way


The existence of individual cases does not negate the fact that a systemic effect exists. What is that systemic effect?


there is certain good in diversity which comes from immigrants from different locations altogether with skills and natural resources it was a factor that allowed US to build the most powerful economy in the world. However, times change. I remember from lessons of History in the Univesity that every civilization has phases: Establishing, Prosperity, Decay. It is obvious that average impact at each of the three phases might be different. Also it might be that in the North and in the South the impact is opposite.


Are you an American politician or a practicing immigration attorney?




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