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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
330 points by proberts 6 months ago | hide | past | favorite | 407 comments
I'll be here all day (with a few breaks). As usual, there are many possible topics and I'll be guided by whatever you're concerned with or interested in. Please remember that I can't provide legal advice on specific cases for obvious liability reasons since I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll do the same. Thank you!

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

Edit: Good evening. I'm signing off now. I tried to get through most of the questions but I know that I haven't answered them all and for that, I am very sorry. Please feel free to email me directly (email in profile) if you have any questions. Thank you for participating in this AMA. The questions and comments were great and as always, I learned a lot myself.




Preamble: As I understand it, it is permissible for a European who works for a US company to visit the US as a "business visitor" on an ESTA in order to visit the company, as long as the visit is not for "work". Various sources list activities that are deemed to be "business" and not "work", such as attending business meetings or attending a trade show, and entering on an ESTA for these purposes is thus acceptable.

Question: What I'm not clear on is whether the business-but-not-work restriction... 1. merely means that the purpose of your visit has to be business-but-not-work, or 2. requires that the visitor refrain from all "work" activities while in the US, even if they weren't the reason for visiting and would have happened anyway.

Concretely: suppose I am a programmer who works remotely from Europe for a US company. I visit the US to meet my colleagues face to face and attend a trade show with them (business, not work), but these activities don't take up 100% of my time. Rather than sit around idly during the downtime between "business" activities, I do some of my ordinary programming work, of the sort I would do back in Europe. Have I broken the law?


That still would cross the line even if that wasn't your plan when you entered.


We all know startups are crossing that line all the time with their "off-sites," hanging out in Airbnbs and coding together for a week or so at a time around conferences.


One of our engineers got a 10 year ban from the country for misspeaking about this exact situation.

"Coming in for an offsite? Think you'll be doing any work there?"

"I dunno, I guess it's possible?"

That's all it took. Obviously any further trips involved extensive coaching on what not to say to cops at the border.


Heh, I was going to ask, what's the consequence if you do say the wrong thing? They correct you and tell you what you're not allowed to do?

... I guess that answers that!


Wow. Wouldnt have expect it to be that strict.


I was working for a US company from the EU and once had a slip of tongue. The officer grilled me for a bit, but also made me realize my mistake. I didn't have any issues in my next visits. I think a lot might depend on the tone and social skills. Maybe the dev in question was a bit rude? Or maybe they stumbled on someone that was almost religious about these things.


The dev in question has a heart of gold, imo the border agent was just an asshole. He asked him a leading question, lord knows why. Obviously our lawyers at the time hold some responsibility for not warning us to be wary of that kind of thing but still.

Do you mind if I ask though, do you feel it's acceptable that one's level of kindness is all it takes to change whether a State bans someone from the country for 10 years, or, allows them in after grilling them a bit?


Interesting. I know for certain from experience that some ESTA visitors and their employers assume the law does NOT work like this, and that as long as you're visiting for a legit "business" purpose you are not required to suspend your ordinary work activities while in the US. Good to have confirmation that this is wrong and that you DO have to suspend your ordinary work duties for the duration of the visit.


> you DO have to suspend your ordinary work duties for the duration of the visit.

Good luck convincing the average corporate boss of this plan


Could you expand on this? Where is the line? What's work and what's business?


It's literally anything that doesn't fit the narrow description in the business visa. A random example is if you own a house in the US, and you do any maintenance work on your own house, that is work.

From the US web site

participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

    Consulting with business associates
    Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
    Settling an estate
    Negotiating a contract
    Participating in short-term training
    Transiting through the United States: certain persons may transit the United States with a B-1 visa
    Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa


Interesting. I used to work for a big international corporation and visited the US twice for work. A six week customer support gig and a one week field testing trip. The first trip was still under older visa waiver rules for Europeans, the second one under ESTA.

In none of those cases there weren't any kind of tricky questions asked at the border, I am sure I would have given the wrong answer. But I have been to more aggressive inquiries on conference trips, when giving the right answers was easy.

I have always assumed working means having a contract with an US employer (or of course self-employed).

One would assume a large corporation had processes in place not to expose their employees to such personal risks.


It really depends on how much such travel happens in said corporation. I've worked for companies that handled this well and others where they were generally clueless. Most large companies will have immigration lawyers that work with them but usually the trivial business trip doesn't go through a lawyer.

How much and what types of questions you're asked can depend on many factors. Whether the officer had a fight with his wife, your profile, how his day has been going etc. Sometimes it's "have a nice day" and sometimes it's a longer interrogation including secondary inspections.

This is a common misconception that work means having a contract with a US employer. As another example you're not allowed to work remotely for a non-US employer while physically being in the US.


That people get away with working while in B-1 or B-2 doesn't mean that the law allows it; simply put, some CBP officers know the law and others don't. The confusion is that years ago, the B-1 rules allowed for short term work in the U.S. while on the payroll of a foreign company but that absolutely isn't allowed anymore and if an applicant for a B-1 visa or admission in B-1 status says this, then there is a high probability that their visa application will be denied or they will be denied admission and possibly even banned. The grey area is the definition of "work" here. I use a couple of guidelines: clearly compensation from a U.S. source while in the U.S. is prohibited although reimbursement for reasonable travel expenses is allowed and activities the primary purpose of which is to benefit a U.S. entity or person almost certainly aren't allowed.


Wait, receiving compensation from a US source while in the US on an ESTA is prohibited? Wouldn't that mean that even the activities I described as legit "business" - a remote worker coming to the US on an ESTA to meet their US colleagues and attend a trade show with them - would be illegal? (Heck, if we take your wording pedantically literally, wouldn't it mean even taking a holiday to the US on an ESTA while remaining employed by a US company is illegal, even if you're not doing any kind of work whatsoever?)


Sorry, but this can't be right. Companies fly in people on B2 visas all the time to do onboarding, work on specific projects for a short period, and participate in offsites.

I've done this 10+ times in my career, for big and small companies, and it was never an issue even when explicitly saying these things with border patrol/immigration.

What gets you in trouble at the border is the risk of permanently staying, and the risk of drugs&money.


OK, I really hate to point this out but this America we are talking about - we literally use the Visas and GCs to allow in those we want and not those we don't and how we decide who we want isn't arbitrary - it's mostly racist.

I think people coming from Western countries that speak English and are a certain color will have a completely different experience than those coming from anywhere else.

That comment about the New Zealand program for graduates to come work in the US for a few years - I've worked with freelancers from India that own their companies that were denied entry to the US.

There is a reason all of our companions just setup local shops everywhere in the world.

For the record I hate that we do this. I'm under the belief that if you can get here you deserve to be here - I don't care if your tired, hungry or poor - I'd still take you, it's how it ought to be.


You were lucky. I was questioned about this, and officer was considering for whopping 10 minutes. I insisted I am coming only for "meetings", and even then it took a superior to greenlight me. I am pretty sure I would have been denied entry if I said the truth


I think this is start ups where European "employees" are contracting for the US entity as there's no local EU entity. You then do your visit through ESTA.


Can someone confirm/deny this?


What this person says is already contradicted by the immigration attorney who started this AMA.

I'm amused and perplexed at all of the "I'm not a lawyer, but..." comments when this is literally an AMA with a lawyer.


I'm sure Peter Roberts is a fine professional, however, I have passed border patrol/immigration personally this way dozens of times and know of many other people who do it. You can find people doing this in an instant if you want.

I once got in trouble with BP because they didn't believe me that I was coming in to work on a project and thought I would be looking for a job to stay illegally. BP finally decided to let me in and told me that what I was doing was fine, but they just didn't find it credible that I would leave my GF alone for a month in Argentina.


I commented as a "not lawyer" since it wasn't clear if the lawyer would answer and I have extensive experience, research, and have discussed this with lawyers. Just trying to be helpful.


I am not a lawyer but I'm pretty certain you are supposed to refrain from any "work" activity. So yes, you have broken the law.

I can also tell you nobody abides by this interpretation and it's virtually impossible to enforce. But your entry will be denied if you tell the immigration officer that you're going to be doing "work" that is not permissible under the specifics of the visa you're entering with. There are some other situations that are covered by a normal business visa and are work-like.


In case anyone misses it—there's a reply from the actual lawyer who started this AMA below this one.


Disclaimer - I'm not a lawyer

"Have I broken the law?" is a tricky question. You have, by the strictest letter of the law, engaged in an activity that could be deemed grounds for deportation and/or future denials of the visa. But by the same interpretation ~100% of visitors in the country are breaking the law and violating the terms of their visas in some way. So unless you yourself go to an immigration officer and say "I intend to engage in an illegal activity please deny me entry" you will be fine.


Immigration officers will ask your purpose of stay, and if your answer is not clear and they start questioning in more detail and you blurt out you're gonna do something which is technically not allowed by your visa, then you have a problem. Comparing yourself with others who also do illegal things during their stay won't help you then.


Your purpose is to attend xyz conference. That's literally all you have to say. I can assure you "what are you going to be doing between the hours of 6pm to 8pm on Tuesday when you have a break, and will you be commiting any code at that time?" is not going to come up.


Sure. Mentioning anything more than that will lead to trouble. But many people are not aware of how thin the line is and mention they are also going to work remote for a few hours. Or meet with colleagues for a hacking session. That's already too much.


This is the most European question I would have ever imagined.


It's US law. Are there similar European laws?


The European attitude is: Am I breaking the law? How do I make sure I’m not?

The American attitude is: I’m not breaking the law until someone tells me to stop.


The European (ok, Swedish) attitude is: the authorities are there to enforce the law.

The American attitude is: the law is there to support the authorities.


Sweden until early 2000's maybe


I would say the American attitude is more like "don't ask, don't tell."


French people have the us attitude. Germans are geniuses at rule breaking without breaking the law xD


Yeah, however, the problem with breaking laws around immigration in a place you like is that you won't have to do much to become ineligible for the convenient visa options. As in, get caught by immigration working on a tourist visa, get no tourist visa approved for the next 10~20 years. If you get a visa at all, that is, though I understand merely violating conditions, not breaking normal laws or overstaying has no good reason to get you banned from entry itself.


You can be banned from the US for any reason, or no reason, just because they don’t like the look of your face, or the officer is having a bad day, etc.

Regardless of what the law says you don’t have any right to enter the US, regardless of what visa you hold (except perhaps a green card), so be friendly, look wealthy and important, and say the right things.


Haha Spain and Italy are like: rules are stupid and there to be broken


"Más vale pedir perdón que permiso"


As a European I expect at least some common sense behind a law.

Every time I visited the US I noted a complete absence of common sense.


You only get common sense when everyone agrees with what the goal of the law should be.


Laws in probably every other country are the same in this regard. If you enter the country and do any work under the wrong visa, it is an improper entry.


That's correct.

But only when entering the US I have been asked for example: Do intented to engage in illegal activity?

That's question seems to violate common sense: No one intending to do so would admit it.


Nobody expects you to say "yes, I want to defraud old people" but if evidence comes up that you intended to do illegal stuff they now have a simple case of you lying to the immigration officer.

Similarly to how you are supposed to pay taxes on income of illegal activities, if they find stacks of cash in your house it becomes easier to convict you.

They are weird laws but have their uses (good or bad)


A direct question like that is seen to be useful as part of a broader set of questions, due to the emotional effect on the interviewee, depending on the "interviewing technique" that the agency is using.


US immigration is a nightmare. Even as a German with a Green Card, it was always extremely stressful.


I worked for a large Silicon Valley company as a foreign national (Canadian) and I flew down at least once a quarter. When I said I was going for “unpaid business”, I was questioned enough that it led me to ask my employer to get me the proper visa so I could legally work because it felt like I could get denied entry on the whim of the immigration agent. It felt uncertain and was kind of stressful.

My advice is, don’t risk it. Get the visa to allow you to work for at least the time you are there. I ended up getting a full TN visa but I believe there are short-term work visas for this circumstance as well.


Same here, also got a TN because the questioning becomes very uncomfortable as both sides of the conversation usually are not stupid. Some friends in a similar situation were turned around at the border which can also lead to getting barred from ever entering the US again.


To be clear, an H-1B visa is petition based so unless the CBP officer has reason to believe that something is amiss, the officer is not authorized to ask to see a copy of the petition; that clearly crosses a line. The TN is not petition based so every time a TN worker seeks admission, the CBP officer is authorized to re-adjudicate the TN application.


It's technically true that a TN may be reviewed at every entry true but I have personally crossed the border dozens of times with TN status and I know of many others that may live in Canada but have a day job in the US. It's a much easier entry vs. tourist/business visas. An H1B may or may not be petition based depending on your citizenship (e.g. for Canadians it's not) and either way any specific trip is either for business or leisure and certainly the immigration officer has authority to deny entry. EDIT: Sorry I misread that as a B1 or B2. H1B is different. Also much harder to get vs. a TN (which is just easy process at the border).


I believe even with the visa it’s still up to the immigration agent. I came close to trouble once when asked for my H1B visa petition document (not the visa in the passport). I had a photocopy and was told that wasn’t enough and although they’d let me in this time they expected to see the original in future. I also travelled with a letter from my employer explaining where I worked, job title etc as extra documentation just in case to derisk further.


what you do is, crank up your vpn, choose an European end-point and connect back to the US to do your work... lol... lol. I tell you.. american law is ridiculous... IT has gone global and they still have that ridiculous provision in the books. They are perfectly fine for us to milk the american IT cow from afar.. but don't you dare come spend that cheese in the contiguous USA... I think once an IT professional clearly shows ability to work remotely, they should be allowed free access to spend that cheese back in the economy which employs them.


Maybe what could help is if you operate under an LLC. (myself inc.), that way when you visit, you visit as a company... but I am not a lawyer.


Nobody visits as a company, such thing simply doesn't exist. And if you work under ESTA or B1/B2, you're violating the law.


Not a lawyer, but it seems unlikely that anyone would scrutinize your visit closely enough to care.


No, US immigration are notorious for exactly the opposite. See my other comment in this thread.


That's scrutiny at the border. But in 17 years of regular business visits, I've yet to see La Migra barge into my cubicle to make sure I was not programming while there.


Plenty of people are unaware how delicate the line is though and talk too much and the wrong things at the border.


Haha, fair enough.


My co-founder and I are working on a cloud startup (we have a registered LLP in India), and after launch, we want to register in the US through Stripe Atlas/Clerky. It seems easy enough (as non-residents) to open a company bank account in the US too.

In the future, we plan to apply for the EB-1 (based on your suggestions in previous threads to others) to live in the US.

Is it okay to register and operate a US company from India for now, when we plan to apply for an EB-1 in the future? Or could it be detrimental for future visa applications or any other reasons?


From a an immigration standpoint, it's allowed and there's really no downside to it and if it helps to grow the business, then it will help support your EB1A or EB1C applications later.


Thanks for the reply! Really appreciate the advice.


The US law is very expensive to comply with. Probably the most expensive in the world. Incorporate a subsidiary only and only if there’s a check in your hand. Then too, consider an LLC.


What exact advice was given that you can do an EB1 from India with a “cloud startup”?


this is a good question


A friend is an ESTA holder. At a point of entry, an immigration officer verbally told her that she needs to leave the US within 1 month, even though her ESTA status allowed for a 3-month stay. (She had a return ticket 2 months from the date of entry.)

The immigration officer did not write any date (at all) on the stamp in her passport. The ESTA website lists her required departure as 2 months out.

Are there any other records where the immigration officer might have recorded his 1-month assertion?


Unless the I-94 admission period is limited to less than 90 days, then an applicant for admission under ESTA can stay the full 90 days (assuming the activities stay within the B-1/B-2 lines) regardless of what the admitting CBP officer says or even writes down. In other words, if a CBP officer believes that an applicant for admission should be admitted for less than 90 days, then the officer must limit the I-94 admission period.


I believe you are referring to the I-94 website, not the ESTA one... that (digital) form is the legal limit of her admission so she cannot be accused of overstaying if she follows that.

That said... they obviously have all sorts of classified places to put notes that you can't request, and there was clearly something in her file that made them suspicious in the first place, so staying the full three months is almost certainly not going to improve that.


Yes, they record conversations had at the border as notes. I've had previous conversations come up as questions: do I still do X, did I travel to Y. Consistency seems to be important. Maybe they are verifying also one's identity.


Have you felt there are a lot less requests for founders to fully immigrate into the US? Maybe given the increased simplicity in working remotely, the services and new mindset have genuinely reduce the importance of location (although it’s still important, just reduced).

I personally don’t feel the need/desire to immigrate into the US anymore. I used to be all over it. But since I sold my startup and relocated to Europe and I live an amazing life while working on my second startup. I wouldn’t live in the US even if I was invited (nothing personal, EU is just too good).

Anyways, is it all still the same or you feel a change in people’s interest.


Out of curiosity, which part of the EU do you find so good?


Hi Peter, Thanks for taking question. I am currently seeking Asylum in the US, came here when I was 13 in 2011, I have yet to receive a court date. What are some option for me in terms of acquiring green card, if I was to withdraw my asylum and to apply to YC?


That's a complicated questions. With limited exceptions, you would need to leave the U.S. to complete the processing of your green card application and almost certainly need to obtain a waiver of inadmissibility. Again with limited exceptions, you also would need to leave if you wanted a temporary work visa status, such as an O-1, although the required waiver would be easier to get.


It's regarding my recent I-485 filing and my spouse's green card eligibility. Due to unforeseen family circumstances, my spouse and I are considering divorcing, but I want to ensure that my spouse's green card application is not jeopardized in the process. As the primary applicant, I am committed to supporting my spouse through the green card process before finalizing our divorce. To navigate this complex situation effectively, I would greatly appreciate your expert guidance on the following questions:

1. What are the potential risks to my spouse's green card eligibility if we proceed with the divorce after the application is approved?

2. What are the potential risks to my spouse's green card eligibility if we initialize the divorce before the application is approved?

3. What steps can I take to demonstrate the bona fide nature of our marriage and minimize any suspicions from USCIS regarding the timing of our divorce?

4. In the worst-case scenario, could my own green card application be jeopardized by this situation, and if so, what precautions can I take to protect my own immigration status?


This is extremely nuanced and delicate; you absolutely should consult with an attorney before taking any green card steps.


Do a postnuptial agreement with conditions exactly like if you divorced today to stop worrying about legal consequences of not divorcing now.


> postnuptial agreement with conditions exactly like if you divorced today

There's no such thing as a postnuptial agreement fully legally equivalent to divorce, though. A trivial example is your legal ability to marry someone else, but there are plenty of other differences.


A green card through marriage comes initially as a “conditional” / 2 year card, and then your husband would have to apply to remove the conditions (ie show he’s still married) after that two year period. If you get divorced before the green card is even processed it might not make it that far…


My impression is that over the past 20 years or so, the visa process has become a lot more bureaucratic, involved, and time consuming.

Is that your impression as well? What has changed, and why? Are any of the changes for the better?


I agree. From an outcome standpoint, the changes are for the worse. But some of them are understandable to the extent that in certain contexts USCIS is paying more attention to the letter of the law and not just accepting representations on face value but requiring evidence. From my standpoint, the biggest negative changes are the delays in the processing of green card applications (partly statutory and partly administrative) and the lack of access to USCIS officers.


Thanks, that's sounds very reasonable.

Unfortunately, it also sounds like there is not much push at this point to reverse these changes and streamline the process.


Not much although the Biden Administration is prodding the agencies involved in immigration to facilitate (within the bounds of the law) the attraction and retention of tech/AI talent and companies.


My PERM was certified yesterday after 12 months and 2 weeks. That used to take 6 months.

I'm now backlogged until October which never used to happen at all to ROW (rest of world excluding India and China) applicants.


My PERM was certified in August. Took a little over 16 months because it went to audit. Timelines on PERM shot up around the same time as I applied and have been steadily getting worse.

Filed I-485 in November, approved in 4 months and a week. So once your date comes up, they seem to be moving quickly.


Congrats on your green card!


It changes over time. My spouses PERM took 4 years.


That seems excessive. Just PERM or PWD, recruiting and PERM?


Dear Peter, really appreciate your AMAs.

I'm from Europe and recently lost my ESTA due to the TSA searching my phone and making me admit I smoked a joint in California (not legal on a state level).

I'm over 50% owner of a C-Corp in Wyoming with a 200k investment and I have another full employment job that would sponsor me.

What visa should I approach? H1B lottery didn't work for the second time.


> making me admit I smoked a joint in California (not legal on a state level)

Wait, so weed is not actually legal in California?

I see big billboards around the valley and SF, advertising gummies as if it is a normal part of life. Is it inadvisable for any visitor to partake? This is useful information. It seems to be so normalised amongst tech folks in California these days that I could well imagine being offered a joint (or similar) if socialising in the evening whilst on a business trip.


Depending on a number of factors, the likely visa options are the E-1 and the O-1 but because of the incident, you likely will need a waiver when you apply for a visa and the waiver process can take anywhere from 3 to 6+ months.


Wow this is super helpful. Very grateful for your time. There's a lot misinformation floating around.

And since I only verbally admitted to the TSA agents smoking a joint in New York and was kind of coerced into it no other way to dispute it then the waiver? I didn't have anything on me nor do I really use marijuana


They can search your phone? Do they need cause?


Yes. Yes, they need cause, but not in the Fourth Amendment definition. The cause is you've requested to enter the US or you've been found hanging round the vicinity of an airport, land border or navigable waterway.


My phone has been also searched.

The kindly asked me to hand over my unlocked phone after they asked me to show that I have booked accommodation which I did on a phone. They asked who are these people on emails, then handed the phone back.

They only quickly browsed through my emails though.

My recommendation is that everyone prints on the evidence of the purpose of their trips beforehand: booked hotels and a list of conference they plan to attend (plans may change, however).


In the US the Bill of Rights and most other things only apply to citizens (and maybe lawful residents).

CBP agents have broader authority to conduct searches of non-citizens and their belongings at ports of entry without a warrant, including devices like laptops and phones, to determine admissibility to the United States. Searches of citizens generally require a higher standard of suspicion or a warrant.

In the past, someone has taken a flight between Canada and Mexico while under suspicion of the US authorities, and the plane was forced to land and the person forcefully detained, just because they entered US airspace.

Just losing your ESTA over weed (federally a schedule 1 narcotic) is a fairly small punishment considering the CBP enforces federal law.


> In the US the Bill of Rights and most other things only apply to citizens (and maybe lawful residents).

No, the US constitution applies to absolutely everyone in the US. Even illegals.


The constitution itself makes a distinction between citizens and “free people”


That is 100% not true. The Bill of Rights absolutely applies to non-citizens.


Correct. And it protects everyone from “unreasonable “ searches. The SCOTUS has determined that searching foreigners at airports is not unreasonable.


Which has told me as a European that the US is an unreasonable place I don't want to enter anymore, neither for business nor leisure.

But I have full understanding for people who are in a situation that the US is still the smaller evil.


They have also said it’s not unreasonable to detain and in some more narrow situations search American at the border.

Do most EU nations have constitutional protections as strong as the US bill or rights?


It depends what you mean. In the UK our institutions are centuries old. Heck the working class house my grandmother lived in until she died was older than the state of California.

The constitution is only as strong as the institutions that defend it. The U.S. is not there yet but the political nature of the courts and the judiciary are an anathema to a Brit.


I saw that case. But the TSA agents are like ok otherwise we send you home. I'm happy to make a case but I think it's unlikely to be worth the stress and money


Hi Peter, thank you in advance for considering the question.

I'm a Canadian citizen, living in Canada. In the past I've considered moving to the US to work there.

I don't have a university degree. I attended university for ~3-4 years, did not complete my degree, and then enrolled in a 3-year college program which conferred an Ontario College Advanced Diploma. I've worked full-time as a software developer since then.

I think my expertise is comparable to my coworkers, many of whom have completed university degrees (albeit in a variety of disciplines, not specifically related to technology).

Could I move and work in the US under a TN visa? I'm concerned that, because I don't have a degree, I would not qualify. Though I do have specialized training (diploma + work experience).

Or am I looking at this backwards? i.e, if a US company were interested in hiring me, they would handle the visa requirements (I'm unsure if this would be TN or otherwise).

Thanks!


I've been through this.

The "Computer Systems Analyst" TN profession is the usual path there (though rather weird). You need letters from your previous employers that you worked for 3 years full time. Some colleges in the US can even give you a degree equivalency on that basis.

> if a US company were interested in hiring me, they would handle the visa requirements (I'm unsure if this would be TN or otherwise).

They would (one can even do pre-approval), but some of them need handholding, and there's only so much they can do. But sometimes you might be surprised by the magic they can do (ex: doing the equivalency work).


No you cannot. TN requires you to have specialized degree. You can only be sponsored for H1-B by an employer (hired and move same time).


The Computer Systems Analyst category only requires a post-secondary diploma and 3 years of experience, or a full bachelor's degree.

When I interviewed with Google and Facebook a few years ago, neither of them were concerned that I don't have a bachelor's degree (I have a 2 year post-secondary diploma). I can't remember which one it was, but one of them thought they'd be able to get me an O-1 visa as a backup plan if a TN was unexpectedly rejected.


That's right, there are a few TN occupations that don't require a bachelor's degree including Computer Systems Analyst, Management Consultant, and Scientific Technician/Technologist.


Good afternoon. I will be stepping out now and returning this evening or tomorrow morning so please continue to send me your questions and comments and I will make sure to answer every one. Thank you! This has been great so far.


Thanks


US citizen here. I have a special situation which I think will be only of interest to me...

My wife (a green card holder) and I have moved abroad and her travel document is expiring soon (in July). We have no returned to the US in the past 3 years, and were not planning to visit only for the purpose of resetting the counter..

We are planning to actually fly into the US for a vacation right after the expiry date... what if anything can be done to renew or extend the travel document (a.k.a re-entry permit)? Of course we are in good standing with respect to US taxation.

Else, can she apply for an ESTA (country of citizenship is part of the visa waiver program for tourists), which I believe be done up to 3 days before travel (is it ok to apply right at the deadline when the permit is about to expire but just so we travel 1 or 2 days immediately after expiry) ?


Oh wow. Your wife is going to have to prove she hasn't abandoned her residency, which is normally automatic with a 2+ year absence (or even 1+ year without a re-entry permit). This will come down to establishing existing ties to the United States. Married to a US citizen helps but this doesn't mean you can stay abroad indefinitely either.

I hope she was filing US taxes while abroad. Every US citizen and LPR has to do this. Not doing so is more evidence of residency abandonment.

An obvious exception here is if you were sent internationally to work for your US employer on what is essentially a temporary assignment eg working for a US consulate in another country.

You have the option of just returning to the US before her green card expires. This will probably land her case in immigration court and you will need a laywer. Or you apply for re-entry at an embassy. You will also need a lawyer.

Get a lawyer.

If you do return and then leave again in relatively short order, you can probably kiss that green card goodbye, particularly if it's before your immigration court date. USCIS takes the view that green cards are for people who reside in the United States. The only form of "return when I want" status is citizenship.


> Oh wow. Your wife is going to have to prove she hasn't abandoned her residency, which is normally automatic with a 2+ year absence (or even 1+ year without a re-entry permit).

Practically, it depends on how picky the CBP officer is. I personally know of a guy who re-entered the US on his Green Card after a 7 year absence. From what he told me, he didn't even get sent to secondary inspection and was just welcomed back home. He flew into JFK.

I don't see them yoinking the GC of someone who has a US citizen spouse because of >2y absence, even though the law tells them to.


If she is no longer residing in the US, the legal thing is to enter as a visitor. There are two problems with this, first they will require her to sign a form giving up the green card status, and two, they may be suspicious that she actually intends to be a visitor since she is married to a US citizen.

They are definitely not going to let you extend the permit after it expired especially since you don't really meet the criteria for it (temporary long duration absence).

If you entered before it expires, you probably wouldn't face questions from CBP since you did get the permit, but that is just my guess.


She may find herself in the position I was in after 20 years we left the US, I stopped using my green card for entering the US because I was no longer a resident, but didn't realise I was required to physically hand it in when I was done with it (it was 20 years later) - got stopped at the border and got a good talking to. So make sure you hand it in when you're done with it


Good questions and a not-uncommon situation. This is very specific to your situation so please email me.


I've seen a few variants of this question, but not answered in a helpful way:

What is, in your experience, the minimum that gets you a decent shot at a NIW/O1? You previously mentioned that published papers are helpful but not mandatory, but for PhD students/graduates, if publications are not the determining factor, what is?

Looking through the Dhanasar's three prongs, it does seem like papers are the easiest and most consistent way of fulfilling the second prong (that "The Person is Well Positioned to Advance the Proposed Endeavor").

The third prong is the most mysterious to me (that "On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements"), how do people typically meet the requirements for this prong?


The third prong is vague and the attack depends on whether the applicant is a founder or an employee and whether the applicant's endeavor is technical or not. Almost always there's a basis for those with PhDs to qualify for an NIW.


NAL, but I believe that phrase is intentionally unclear to ensure people cannot easily game the system and immigration authorities have maximum leeway to say 'nope'.


Good evening. I'm signing off now. I tried to get through most of the questions but I know that I haven't answered them all and for that, I am very sorry. Please feel free to email me directly (email in profile) if you have any questions. Thank you for participating in this AMA. The questions and comments were great and as always, I learned a lot myself.


As an American living abroad who wants to help my international friends I’ve worked with get to the US and into tech jobs could I sponsor them or vouch for them in anyway? One is an Indian citizen the other Turkish but will soon have his German citizenship.


I think the best you could do perhaps would be to act as a reference or use your contacts at US companies (if you have any) to give your friends some leads.

One person I know has a valid visa and is in the US already (due to his wife taking a phd there), but has been unable to secure a job for many months now. The market is rough.


Not really. If you had a U.S. company, you might be able to sponsor them.


This is incredibly helpful and generous of you. This is completely not specific to tech, but I have a friend who emigrated from Congo very young. As a young adult, he committed a felony. He served his time and was released last year. ICE did not pick him up from the prison, so he went home with his parents. He has a ruling date from an immigration judge this summer. He recently turned himself in to ICE after discovering they wanted to hold him until his hearing was resolved. He has an attorney, but his parents are very private.

What are his chances of not being deported? Does the current situation in Congo affect this? Is there anything I can do to help his case?

Thank you so much.


Of course the details matter but his time in the U.S. as a good citizen, his parents' presence here, and the situation in the Congo all should help him and a supportive letter from you also should help. But it's really impossible for me to comment because I don't know what his lawyer is or will be arguing.


I'm from New Zealand and have been spending my late 20s going around the UK and Canada on 2 year working holiday visas. My work experience is in marketing in senior IC/mid level management roles.

The impression I get from most countries visa options is that they're happy for people like me to come in for a few years, work, pay tax, and leave. I'm surprised that even on a temporary basis this kind of activity seems impossible in the US (unless you are quite specifically a student). I'm also aware that the US system is very complex, so are you aware of any visas that I should be looking at in the US which I just might not be able to find?


You are right, it's harder in the U.S. and there's no open/general work authorization visa. But there are ways to do your own thing in the U.S. through the J-1, E-2, or O-1 visa.


Thank you for the reply, really appreciate it!


It's a longshot, but don't forget to apply for the DV lottery. Due to the unusual structure of the program NZ citizens have a higher chance of winning. Short of marriage it's by far the best visa, since it's a green card (permanent residence), not a work visa.


You will likely lose your green card if you stay out of the US for more than 6 months. So it's not a good solution for occasional stays.


> come in for a few years, work, pay tax, and leave.

This option would also tie OP to pay tax forever and wherever.


DV lottery is for the GreenCard, not for citizenship. You can return your Green card at any time and stop paying taxes.


The is (or was) a visa for NZ recent graduates to work a couple of years in the US. There's also a US route if you can get Aussie citizenship somehow too which Australia has recently made a lot easier for NZers.


Hi Peter,

I have a young friend in Russia who is a computer / programming prodigy. I'm trying to help him get out of Russia by getting a tech job in any other country. He's only 18 atm though. Can you give me any advice? I'm based in Ireland so companies I've worked for + my friends work for would mainly be Irish. I have good contacts in USA and also Germany though.

I want to know...

1. If a company realizes he would be a great hire how feasible is it to hire a Russian?

2. Can the company help with Visa and getting him out of Russia (so as to not be conscripted)

3. What countries should he be applying for jobs in?


His age is not a bar. Broadly speaking, there are visas available to really bright and talented young people (such as the O-1). The issue is that Russian citizens are typically experiencing significant delays now when they take the final step of applying for a visa at a U.S. Consulate while background/security checks are done.


Hi Peter, thank you for this!

I understand that when a company terminates an H1-B worker, the company must offer to pay for the return flight. But what happens if the termination occurred while the employee was overseas and the employee wasn't able to return to the US. Could the employee seek a reimbursement from the company for the costs related to terminating apartment lease early, relocating their residence or storage costs?


I don't think so. The "benefit" isn't a monetary on; the obligation is to help the H-1B worker return home so if the worker is already home, there's no obligation.


Appreciate these threads.

I believe that it is possible to work for a tech employer on a H1B Visa, where the visa comes from a charitable / academic organisation offering to be your 'primary' employer, not requiring you to work full-time with them, and being willing to work with you to get the H1B through their process that is not subject to the lottery process / visa cap. You can then work most (but not all) of the time with a 'regular' employer that you find the normal way, on that H1B visa.

>>> I am SURE I saw some service that helps to orchestrate this, presumably unusual but not illegal, arrangement, with uncapped / no lottery organisations - do you know about this? Can it work? <<<

In practice I am sure it could work well to work part-time for a "institutions of higher education or related/affiliated nonprofit entities and nonprofit or governmental research organizations." and then most of the time for a regular (e.g. startup) employer.


What's the easiest way for an H1b holder to work on their own startup and control their company? I've heard of VC like Unshackled, but taking VC seed is already shackling myself. I'm looking more for a solution where I'd pay some fee to a lawyer and turnkey solution for a company structure setup.


There are visas where the foreign national can control/own/run the company he or she works for, such as the E-1/E-2, O-1, and L-1 visas. It's more complicated and tougher if you want to remain in H-1B status and work for your own company; in that situation, you have to give up some control to a cofounder or board. To be clear, it's possible to maintain your H-1B with your current employer and get a concurrent part-time H-1B through your own company (assuming the conditions above are met).


Can you comment on different models for international employees of a US startup who split time between their home country and USA?

It seems clear that they could come a few weeks a year to USA for training, meetings, etc. but coming for a year+ to do their work in USA clearly requires work authorization.


The frequency and duration of the trips can raise questions but in and of themselves aren't issues; what matters is the purpose of the trips, regardless of the duration; they must be limited to non-work/non-hands-on activities and the primary beneficiary of those activities must be entities or individuals outside the U.S. So it's possible to spend a lot of time in the U.S. as a visitor without crossing any line. But it's still important to be mindful of later repercussions even if no line is crossed; that is, if and when applying for a work visa, for example, an applicant might be questioned aggressively by a consular officer about the applicant's time in the U.S. as a visitor and might simply not believe that the applicant wasn't working if the applicant spent a lot of time in the U.S.


Before I proceed, I want to clarify that my question isn't directly related to YC but seeks guidance on my career path.

Background: I recently graduated in Computer Science and am currently self-learning deep learning through open-source lectures, books, and courses. I have a keen interest in research and am particularly curious about R&D labs, such as those at Google DeepMind and OpenAI's core research labs.

Question: How can I go about joining such labs? My goal is to immerse myself in an environment where I can collaborate with like-minded individuals who share my passion for deep learning and training models.

Possible answer: join such lab,

followup question: They prefer masters/PhD candidate?


This is an immigration thread. I suggest you ask this in a separate “Ask HN” post…

Or maybe do an internet search for your question. There are decent answers out there, and those forums with answers (like Reddit) may be more amenable to cold outreach via dm.


Hi Peter, at what age does it start to become more difficult to get a work visa, and does it depend on the type of visa it is?


I don't think old age is a factor; the issue is more when someone very young applies for a work visa, such as a prodigy applying for an O-1, because there is general skepticism about the applicant's qualifications/achievements.


Hi, thanks for the AMA.

I'm a non-resident non-citizen, I remotely manage and am a majority owner of a Florida LLC, who sells to US businesses, and has an offshore workforce.

The advice I was given is that I can work remotely from outside the states, but when I travel for business purposes with a B1 visa, I can meet providers and clients to discuss contracts, but I can't perform onsite work NOR ONSITE WORK! So I have to depend on my employees to work from outside the US, if I were to turn on my laptop in my hotel to login to our systems and write code, I would be violating my B1 Visa.

Is this correct?


That's right, U.S. immigration doesn't reach beyond the borders of the U.S. so remote employment without work authorization is fine but once the remote worker enters the U.S., unless the worker has work authorization, the worker can't work although the worker can participate in meetings and training and can be reimbursed for reasonable travel expenses.


Hey, I worded this as specific to my situation. Would you like me to word this as a general question


> I can't perform onsite work NOR ONSITE WORK

Do you mean off-site work within the US?


How transferable the open source experience from major projects (like being a core developer of the python language itself) in terms of O1 to provide the criteria of "reviewing other's work"?


Very transferable and also helpful for a green card application.


What are you telling people who are either on a visa or looking at getting a visa with the upcoming elections coming up and a potential reversion to a previous administration with more strict visa rules?


A bit of a late question: My fiancée and I are going to marry soon. I'm here on an ESTA (I'm from the Netherlands), and from my understanding marrying while on an ESTA should be fine, as long as there is an intent to leave and as long there's no adjustment of status shenanigans, I wasn't intending on it.

What's the quickest way to immigrate to the US with work authorization?

My thoughts: go through the CR-1 process. It'll take about 18 months, but as she is a born and raised US citizen living in the US, there seems to be no other way. Direct consular filing (DCF) can only be done if she lives abroad somewhere.

18 months is a long time. Is there a way for it to go faster? Are there options I'm not seeing? I have looked in to the K-1, but that doesn't seem to help much, if at all. Is there a way to make sure that the CR-1 gets processed faster? It's the first reason I was looking into DCF at all. It seems one cannot really influence the process. USCIS seems to be clogged, and we all have to wait longer than what IMO is reasonable.

Immigration based on marriage in the Netherlands definitely doesn't take that long.


A K-1 might be a bit faster bit not by much. The only other option is get a work visa (such as an O-1 or L-1) and then when you are in the U.S., file your marriage-based green card application, which in most instances is taking less than 6 months. The immigrant visa process, as you correctly note, is taking a while, anywhere from 12 to 18 months, depending on the Consulate.


Thank you for the answer.


Late to the party, but - is there some visa scheme to enter the US without having to give them all 10 fingerprints?

I consider that to be too much of an invasion of privacy.

I know various kinds of diplomatic passports offer that, but I'm not sure if there are other types of routes for highly qualified and/or wealthy founders?

I know various types ofdiplomatic passports will allow fingerprint-less entry, but I'm not sure if there are other routes


I don't believe so. The only exceptions are for those under 14 and over 79.


At what point should I make a legal entity for my business?

I’m working on a niche tool and have some interesting and I’m just starting to bring on the first users.

At what point should I incorporate?


That's not so much an immigration question but be careful about incorporating and creating products while currently employed because your current employer might have a claim over your IP. If the question is when can I/should I incorporate without crossing any immigration line and when should I get a work authorization through this company, then the act of incorporating isn't the issue, the question is whether your activities and the business's activities require work authorization and there are both legal and non-legal lines that shouldn't be crossed. The primary non-legal guideline is when a a gut level, the activities are no longer a sideline but a business, a focus of what you do. The primary legal guideline is when the company is starting to generate revenue. In both instances, you should look to move to a work authorization status.


(Not a lawyer) I remember being told a rule of thumb that you should be a separate legal entity before "first contact" with a customer because that's generally where most of the risk of legal liability starts ramping up.


That's one approach and a defensible one but I think that might hamstring efforts to build a company to the point where sponsorship is an option. Another approach is providing services or products for a fee. But this is really a grey area and risks must be managed against the ability to be an entrepreneur and create valuable business and technology.


Oh woah, sorry I didn’t see the word “immigration” in the title.

Thank you for the answer nonetheless


You probably get this question a lot and have dealt with similar cases for YC, so please direct me to previous comments if available already:

I'm an Indian, still on H1B after a decade of employment and probably will always be. I want to found a startup but getting a visa that will allow me to do that seems unapproachably hard. Does YC materially change this in my favor?


Is AI changing anything about immigration law work / do you see it doing so in future?


I think it will dramatically change the work of immigration lawyers (and I suspect most "white collar" jobs). I think lawyers will still need to develop the strategy (and evaluate the pros and cons of each approach based on the facts) but I think AI will dramatically change/accelerate the execution of the work.


Getting a visa and staying on it can be emotionally difficult situation, do you know if there are therapists who specialize in helping with this area?


I'm sure this was a serious message, and hope it gets answered, but it really made me laugh out loud. Reminded me of the "I know the feel/I feel you" meme.


Yeah it was serious, it's hard to say to someone "hey go get a therapist", rather than "hey this person is a specialist for what your going through, they'd be great to talk to, they know all the BS about the situation"


Why is everyone super interested in moving people from another country to the United States for work? It feels like in the Software world you should be able to work anywhere where there is internet. What advantages are there for someone to get a visa, and move to the United States aside from advantages to the company?

(Full disclosure, my mom is an immigrant, moving to the US obviously made sense at the time.)


You’re reading an AMA in the us with a US immigration attorney of course the questions are about us immigration.

If you were in Germany or Australia or even Japan you’d find the web sites and newspapers full of articles about foreigners anting to move to those countries.


I think it's to be near the action (SF, NYC, Miami, Austin) and to work in person with others (which we know is a different experience) but I don't really know.


thats a totally fair argument. "I want to be here so I run into people at a restaurant or sports event"... but thats generally the angle. typically its some bs like I want to be in person to work with other people or something


> What advantages are there for someone to get a visa, and move to the United States aside from advantages to the company?

More interesting work, as not everything is 'shipped' overseas. Better networking. Plus just my last year's bonus is the equivalent of several years of compensation at my previous country. Unless you find one of those unicorns with compensation that's independent of location, your pay will be far lower, even after accounting for cost of living.


> More interesting work this is genuinely an interesting take. wait but why?

>Better Networking ok, but the people building companies or developing interesting projects aren't exactly the guy hanging out at the local bar... seems like if you are interested in a niche subject there are pretty clear cut humans to interact with. probably better odds of running into them on hacker news than the local 7-11

> Unless you find one of those unicorns with compensation that's independent of location, your pay will be far lower, even after accounting for cost of living.

I don't buy this argument. 2020 freed everyone except low performers. if you are a low performer they still want you to show up, and with good reason.


Because there are still a lot more opportunities to be found than anywhere else in the world, maybe with the exception of China. And who (from a western perspective) wants to live in China?


I loved living in China actually


Past tense seems to be important here. From what I hear from people who lived there in the past things have gone only to the worse since 2018 or so.


You can work everywhere. You won’t be paid as much everywhere, though.

Even if your motives aren’t simply greed, bigger salaries mean higher barriers to entry, and working together with people that pass higher barriers to entry will move your career faster.


Hi Peter - I understand that it's possible for recent STEM graduates to be self-employed, or a 1-man C-Corp, for the first year of their post-completion OPT. But in the 2 year STEM extension, it seems that you need a distinct supervisor to fill out I-983.

How do you suggest that a "solo entrepreneur" modify their business structure so that they can continue working on their business projects during the STEM OPT period? I've heard some people say that you need to have US Citizen co-owners of the company who own a majority share; others say that it suffices to have US Citizens on the Board, as this technically gives them the ability to remove you. Is there any such setup that is clearly within the bounds of the STEM OPT program?

Also - are there any other options aside from the STEM OPT extension? In particular, if the individual is from an E2 treaty country, is this the sort of business that could qualify for an E2 visa, or do those businesses have to have the potential to employ US Citizens?


In the end, it's up to the school and they all view this differently but I see the focus as supervision (not ownership) so you need someone, an advisor or board member, who is well educated and experienced in the field who would act as the STEM OPT supervisor/mentor.


Hi Peter - a followup question if I may. Do you think that this kind of "solo entrepreneur" business model would be a good fit for the E2 visa? In particular, where the individual does not envision employing any other people, nor getting large amounts of VC funding (think more like bootstrapped growth). Or does the E2 visa require more 'scale'?


The E-2 visa really is the entrepreneur visa in the U.S. since the applicant can own the entire business and run it but it does require a "substantial" investment and a good business plan showing that the company will grow and hire U.S. workers over time. "Substantial" is a relative term (depending on the minimum cost to establish and run a particular business) but in practice, the investment must be at least $100k even if the cost to establish and run the business is in fact less.


Thank you!


Hello, I am a retired US citizen living in Argentina. I've been told by the Federal Benefits Unit at the US Embassy in Buenos Aires that my Argentine wife, who happenes to be disabled, will be eligible to receive survivor benefits after I die, but will have to spend an entire month in the US every 6 months to qualify. She has never lived in the US and doesn't plan to, so she won't qualify for the 5 year residency exemption. Also in order for her to collect spousal benefits she also has to go to the US every 6 months in order to be eligible. Are there any exceptions to these US travel rules? What type of visa is best for her situation? The Federal Benefits Unit representative mentioned a K visa that doesn't have an expiration date, but I am unable to locate any K visa for her specific circumstances. Thank you very much for volunteering you valuable time. YCombinator is a great source for learning. Kind regards


People always talk about visa "in the US", but I'm always wondering, aren't there differences that depend on the state you want to go to?

Isn't it the case that if you go for a H1B visa then the location of the company you plan to work for in the US affects which part of the governmental agency processes your visa?


No. Immigration is the responsibility of the federal government and the immigration system is exclusively administered by federal agencies like USCIS.


Correct.


Hello, I am a retired US citizen living in Argentina. I've been told by the Federal Benefits Unit at the US Embassy in Buenos Aires that my Argentine wife will be eligible to receive survivor benefits after I die, but will have to spend an entire month in the US every 6 months to qualify. She has never lived in the US and doesn't plan to, so she won't qualify for the 5 year residency exemption. Also in order for her to collect spousal benefits she also has to go to the US every 6 months in order to be eligible. Are there any exceptions to these 30 day US travel rules? What type of visa is best for her situation? The Federal Benefits Unit representative mentioned a K visa that doesn't have an expiration date, but I am unable to locate any K visa for her specific circumstances. Thank you very much for volunteering you valuable time. YCombinator is a great source for learning. Kind regards


This appears to be a mix of benefits and immigration issues and unfortunately I think a call is required to untangle it (because, for example, the requirement to enter the U.S. every 6 months is also related to maintaining a green card while living outside).


Online sources seem a little contradictory for this, so you came at the perfect time. Appreciate you doing this, Peter!

I'm a student working full time on the F-1 visa OPT, and am considering starting a startup next year. I'd be in my STEM OPT and thus somewhat self-employed. Would that be possible? Are there any dangers/considerations there?

Thanks, Jesse


Hello, I'm interested in applying for the EB-2 NIW. I hold an MD degree and an MSc, both obtained in Colombia. It's worth noting that in Colombia, an MD degree is considered lower in academic hierarchy compared to an MSc. However, this distinction may not hold true in the United States. I'm seeking advice on which degree I should highlight as my advanced degree in my application. Thank you


Hi Peter,

Current Bio PhD student here. I would like to know more about ~ minimum requirements and costs for applying for an EB2 NIW. Bio papers take a long time to come out, so I would like to know whether I can still apply during the PhD while some of the papers are still in peer review or whether I would have to wait for a postdoc.

Thanks for doing this!


Published papers are not a requirement for an EB2 NIW filing; they might help but they're absolutely not required.


Do publications to my BigCo employer's engineering blog count towards an O-1 application? Or is it just Research Papers/citations to formal journals that matter?

What are some other common ways to build a portfolio towards an O-1 application other than research citations or founding a startup?

Thanks for this AMA!


They could come under comparable evidence or maybe even support original and significant contributions but they won't count as publications. The lowest hanging fruit so to speak are serving as a judge at hackathons or other competitive events, obtaining membership in an association that requires outstanding achievement for membership (such as, for example, IEEE membership, sometimes), and speaking at major conferences or events (under comparable evidence).


Does having your blog and/or projects being cited in research papers count for anything?


Does open source software count as a publication?


Hi Peter,

Thanks for taking questions.

My cofounder and I have incorporated our startup in US. I am a US citizen and my cofounder is not a US citizen, neither lives in US. He had a valid green card but he gave that away and moved to the home country. My cofounder has majority share and also needs to draw a salary soon whereas I can wait for some time.

We are unsure of how my cofounder can be compensated without living in US and having an active work visa. We do not want to create a subsidiary company in his home country. We also do not think he can be on 1099 as he is part of the executive team and we are told that CxOs cannot be a contractor. As of right now my cofounder does not plan to return back to the US, else we could find a way to sponsor a visa for him.

Any thoughts on this would be highly appreciated.


Have you considered using an Employment of Record solution (EOR)?

Utilizing an EOR can streamline the process of compensating an international cofounder, ensuring legal compliance and reducing the administrative burden on your startup. This approach lets you focus more on growing your business while maintaining global operational flexibility.

Just make sure that the EOR is compliant with the country of resident of your cofounder.


Thanks for the suggestion, I will look into this.

Based on your response I am assuming EOR is compliant with US laws, allows compensating individuals that do not reside and do not have legal status in US and people employed through this can be considered an employee of the company. Is that correct?


Yes, an EOR can help you set up compliance with a US Laws, especially when it comes to reporting and tax obligations related to foreign operations. An EOR is particularly useful for compensating individuals who do not reside in the U.S. or do not have a U.S. work visa.

Individuals employed through an EOR can indeed be considered employees of your company in a functional and operational sense. However, legally, they are employees of the EOR. This means the EOR is responsible for their employment rights, payroll, taxes, and adherence to local labor laws. Your company directs their day-to-day activities and integrates them into your team as you would with any employee.

Coincidentally, the reason I know this is because I currently work at a company that recently launched an EOR: https://www.justworks.com/blog/what-is-an-employer-of-record...


From a purely immigration standpoint, your cofounder can be a direct employee of the U.S. company or a contractor without having any U.S. work authorization as long as he is living and working outside the U.S.


Hi Peter,

I have an offer to study a CS Masters in the US. I have two questions:

1) What are my options after my 3 year STEM OPT ends? Can you comment on the likelihood of being able to stay in the US after? Do I need to be working for a company capable of sponsoring me (e.g. FAANG)?

2) Let's say I don't do my Masters in the US – what is the process of getting a visa if I raise from a US VC?

Thank you for helping us all! :)

* For anyone wanting to search through Peter's past AMAs, this might be of interest: https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...


The easiest way is to win the H1b lottery, sponsoring an H1b worker is pretty easy and straightforward and plenty of companies do that.

You can also apply for a green card (employment based), and this heavily depends on your personal circumstances. If you're from India or China, you will have additional problems. But you'll need to do that anyway if you want to stay in the US permanently because the H1b visa is time-limited (unless you have a pending GC application).

Other than that, you can apply for an exceptional talent visa or a green card yourself.


Also good response below. The visa options are the H-1B (out of your control) and, depending on your qualifications and country of nationality (that is, country of birth), the E-1, E-2, or O-1, or a green card (some paths allow self-filing/sponsorship).


If I am a Canadian citizen but I don’t have a computer science degree, is my only option to get H1-B?

And can I remotely work for a US company from Canada, given they don’t have a Canadian office, and I would be paid to a US bank account. Would I still need a visa in this case?


Question 1: No, there are a few TN occupations that don't require a degree and the O-1 doesn't require a degree. Question 2: No, you would not need a visa; U.S. immigration doesn't reach beyond the borders of the U.S.


I am a Canadian on an L1B visa. I'm in the middle of an employment-based green card process, currently waiting for a PERM application to be approved (filed Fall 2023).

I'm interested in starting a startup but am waiting on my green card process to be done.

Questions:

1. What are the other paths to a startup-appropriate visa if I don't want to wait for PERM (~6 more months) and the I-485 process (3 to 24 months?) to be done? Are some TN categories appropriate for this?

2. If and when my green card is approved, how soon can I leave my job and start a startup?

3. What happens if I am terminated from my job before the I-485 has been in review for 6 months (i.e. before portability)? Is my green card valid if my I-485 is approved after termination?


1. The TN for founders is problematic and risky. The better (but not necessarily easier to get) are the E-1, E-2, and O-1 visa classification and the IEP (but the IEP program isn't really working). 2. Legally, there's no requirement to stay any minimum amount of time. 3. Even if the termination happens before the I-485 has been pending for 6 months, there are ways to keep it alive (but this question requires a call because it's a bit complicated/nuanced).


Thank you!


Thanks for taking the time to do this today!

I'd like to ask how you found yourself practicing in this area of the law and any advice you may have for those who will be entering law school in a few months.

I will be heading into my first year of law school in a few months with some general ideas of what I'd like to do after graduation (compliance, regulatory, M&A, contracts) with no concrete ideas either way.

- Would you have any specific advice on what you would have liked to have done in law school that would have helped you later on in your career that you'd recommend students to tackle early on?

- Are there any "wasted time/effort traps" that you might caution students to look out for as they navigate their program?


I think immigration is a great area of the law because as a lawyer you deal with amazing people and companies, get to know some really smart and interesting people, and can make a difference (help founders, employees, families realize their dream of living and working in the U.S.). It's one of the things that that makes America great (at least that's what I think) and it's great to be a part of that journey.


Hi Peter,

Thanks for taking time for questions. I’m currently on an L1B visa at my current employer. Is there any path for me starting my own startup? As I’ve understood it you can’t have any side income etc on the L1 visa and it’s hard/impossible to swap employers?


That's right; you are limited to working for your L-1 employer and the L-1 isn't transferable to an unrelated entity. The startup visas are the E-1, E-2, O-1, and IEP (or the NIW or EB1A green card but they can take a while).


Hi, Peter. Thank you for taking questions again.

Would you recommend a 3rd year(2 more years to go) US PhD student with moderate research portfolio( + strong recommender )to look into EB2/NIW or O1 visa? The end goals are to immigrate to the US and avoid H1B lottery.


The O-1 and NIW standards aren't as high as most people think and most PhDs (and PhD candidates) qualify.


Thank you. Would it help the process if the degree is from an US institution? I am debating whether to transfer out to an European institutions as my PI is moving there.


Does that apply broadly to PhDs or just tech related ones? I'm thinking specifically about a PhD in Political Science, dealing in tech adjacent national security topics.


Hello Peter,

I am a green card holder approaching my 5-year anniversary. I want to apply for US citizenship and have two questions:

1. I changed my job about six months after becoming a permanent resident. I stayed in the same profession (software engineering). Will I encounter any problems during the naturalization process because I changed my job so quickly after getting my green card?

2. My national passport has expired and I don’t really want to renew it. Is having a valid national passport a requirement for US naturalization? I believe I need to bring all current and expired passports to the interview. However, I would not have any current passports.

Thank you.


Im not proberts, but I can give you a personal anecdote, I changed jobs 4 months after my GC arrived and they didnt ask about it during naturalization. I had 2.5 years total in that job if that matters


I have some questions regarding changing of status from F2 to E3 (AUS).

Assuming I hold an F2 visa with which I have entered the US, what are the mechanics to transition a E3 visa? Does form I-129 need to be filed since I am within the US, or can I just leave the US, get the E3 in a different country and re-enter the US using the newly-issued E3 without having to deal with I-129? Any advise on any general problems or technicalities that might be relevant to this change of status?

And one last question, what happens to the F2 assuming the change of status is successful, is it possible to switch back to the F2 after being on the E3?


Answering based on my own experience transferring to an E3 from E3D. You can apply for E3 from within US, but you will not be able to travel outside the US because you won’t get a visa stamp. You will also likely want to pay for premium processing if going through USCIS. Alternatively, you can apply at a consulate outside the US, which gives you a stamp. https://americajosh.com is a good resource for E3s.


The faster and better path to an E-3 is simply to leave and apply for an E-3 visa at a U.S. Consulate and likely, the Consulate will cancel your F-2 visa when it issues your E-3 visas (although sometimes Consulates leave dependent visas alone).


I have an O-1 with my current company where I’m a software engineer and not a founder. When I’m ready to leave to start my next business, what are my options to transfer it over? What would I need in place?


Hi Peter,

thanks so much for doing this! Here is an interesting situation: I live in the US on a J2 visa with my wife being the J1 holder (PhD student at an ivy league). I (German national) founded a startup in my home country and against all my efforts, it's going quite well so far. I'm currently holding the CEO/CTO title.

Assume that we'll raise the next funding round (seed) in the US (the market is just superior) and relocate/incorporate via a C-Corp here.

If my wife and I were to decide that we want to stay in the US for a longer time with a path to become naturalized down the road, what's the best option?


It looks like you and your wife will have multiple green card paths available to you either through your wife or through you, such as the EB2 national interest waiver path or the EB1 extraordinary ability or outstanding researcher path. Shorter (non green card) paths include the O-1 for both of you and the H-1B for her, among others. The exact paths will require a discussion.


Very helpful, much appreciated. We'll get back to you once our plans become more tangible.


Do you recommend saas companies founded by non-us citizens to form llc and bank accounts in the us, or outside? For the rest of the readers- what online service would you recommend for that as agent llc + accounting?


That really involves a case by case analysis particularly where work is being done in the U.S. for U.S. entities.


There are a lot these days. Doola (a YC Company) is one https://www.doola.com/


How does a US company go about performing a criminal background check on an employee from Canada? From what I gather, you have to be a Canadian citizen to run a background check on another Canadian citizen.


That's outside my area but I believe it is possible.


Sometimes when I enter the US to meet up with friends, I get only a B-1, instead of a B-2 or B-1/B2. I always tell immigration the reason I'm visiting, but sometimes I can tell they aren't listening to a word I'm saying and will just waive me through if they see I already have a valid B-1.

I get that my American friends and professional circle are exactly the same.. so in my case it probably doesn't matter; if my circle wasn't the same, would having a B-1 instead of a B-2 be a problem?


No because CBP messes up the admission of visitors all the time. I've never seen this cause issues down the road.


Hey Peter, appreciate the offer!

What advice would you give to a talented teenager who is looking to get to the U.S. under a B1/B2 visa for a short period (under 3 months) to engage as a volunteer in activities for a non-profit in the US (the organisation covers living expenses for the duration of their stay) and has failed a few times to get a visa approved? what would you advise them to do? Is the visa type incorrect?

For context the activities would be in the likes of content creation, helping organise events and perhaps open source software development.


Broadly speaking, a B-1/B-2 would appear to be appropriate but U.S. Consulates oftentimes deny applications for such a visa even if it is the appropriate visa for other reasons (such as concerns about the applicant remaining in the U.S. or working without authorization) and the U.S. Consulates have a lot of discretion to deny such applications. You might want to look at the J-1 or even the H-2B or H-3 visa.


Hey Peter, I'm a foreigner residing abroad with an american spouse of 10 years and we have kids holding American Passports. I'm currently working as a contractor for a company in the US, but I'm thinking of moving to the US and applying for the IR1 visa due to family reasons. I am the primary earner of the household.

What are my limitations in this case? Can I keep the contract I'm currently in while the visa process chugs along? What about proof of income?


I'm sure Peter can answer this much better than I can, but just in case: you might want to look into Direct Consular Filing and whether it applies to you https://www.boundless.com/immigration-resources/direct-consu... https://travel.state.gov/content/travel/en/us-visas/immigrat...


A friend of mine did the "fiancee visa" in Europe at the local embassy there. It took something like 3-5 months to get the visa approved for travel to the US. Once there, he could start working immediately.

But this was a long time ago, I have no idea what the processing times are today? Are they listed online?

And above all, since his spouse did not work in the US, so they needed a US based citizen with "not bad" finances to sponsor him.

If you're an independent contractor based in a different country, it'll be fun times figuring out the taxes for the year that you move to the US. Both your old country and the US will want a cut.


For you to apply for your green card while in the U.S., you need to be in the U.S. in a work visa status, not in a visitor status. Alternatively, you can get your green card outside the U.S. through a U.S. Consulate (known as an "immigrant visa") but that process would take longer 6-18 months (versus 6 months or less if filed in the U.S.). And your employment as a contractor (as well as your and wife's assets) can be used to meet the financial support requirements.


Hi Peter,

My wife is going to pursue her PhD in US in the coming months, and I'm working as part-time remote employee of a US startup, while owning a startup in India. What options do I have, which would allow me to visit her for 1-2 months, without affecting my work?

I've heard B1/B2 holders being questioned during entry after they stayed for a month during previous trips. As I'm not working full time for the US company, I'm not eligible for L1.


A B-1/B-2 visa would not allow you to work for the U.S. company while here or your Indian startup while here. It might seem like overkill but possibly get an O-1 through the U.S. company. There's no minimum amount of time that you must spend in the U.S.


How can US dictate an alien to not work for a foreign country while in US for visit?


Thank you, will try that option.


I've just been selected in H-1B Cap lottery. Company sponsoring me is now going through all the paperwork, but the issue is: their business is not very stable, projects come and go (and recently mostly go). I wonder, if they will rescind the offer can I use the fact that I was selected in lottery to get sponsored by another employer? Or do I have to get lucky in the lottery next year?


Which pathways exist for a Chilean citizen who didn't complete their bachelor's degree on CS, but nonetheless wants to take a US job for a 501(c)(3) in a technical capacity? I worked several years as a software engineer, but this role is not as an engineer, but rather as a charity founder (existing 501(c)(3)'s could sponsor me, some CAP-exempt).

I imagine H-1B and the special H-1B1 aren't really options here.


> Which pathways exist for a Chilean citizen who didn't complete their bachelor's degree on CS, but nonetheless wants to take a US job for a 501(c)(3) in a technical capacity?

You basically need 3 years of combined post-secondary educational experience to qualify for H1b. And job experience counts towards it, with 3 years of job being equivalent to 1 year at university.

So if you have, say, 2 years in a university and 3 years of job experience, it's going to be enough.


The combined education and experience needs to be the equivalent of a 4-year U.S. bachelor's degree and 3 years of professional experience count as 1 year of bachelor's degree education so 2 years of university education would require 6 years of professional experience.


Hi Peter, what does a prospective founder on h1 need to know about starting up with YC? I’m really interested in becoming a founder however i currently work a full time job so not sure how much time I can legally dedicate based on h1. I also worry about the job safety aspect especially given my h1 (i do have an approved I140 if that matters). What would be the path to more flexibility that you have seen founders take?


That's more of a YC question because you have to go all in when you're in YC. From an immigration standpoint, there are ways to find an immigration path participate in accelerators/incubators even if currently in H-1B status with another company.


Appreciate the AMA! I moved to the US ~5.5 years ago on an H-1B visa. About 3 years ago I got my green card. Around 2 years ago I married a (native-born) US citizen. My understanding is that I am eligible for citizenship on my 3rd wedding anniversary as opposed to having to wait the extra year based on my green card date. I'm guessing there might be some nuance here, but does that seem correct?


Hi Peter,

For F1 students, is it permissible to use the 3-year OPT period to operate a self-owned LLC?

Can one be employed by another company while managing their own LLC during this period?


I have a green card and will be applying for naturalization towards the end of the year. Would you recommend hiring a lawyer to help me with my application, or just do it myself? I’m planning to do it myself but would reconsider if that typically helps (significantly) speed up the process and/or avoid any common issues that people encounter when doing it without legal assistance.


Unless you have an issue - that is, extended absences outside the U.S. while a permanent resident or a criminal record - there's really no reason to hire a lawyer; the process is straightforward and easy (and in most geographic areas fast).


Thank you!


Recently there was a thread about whether SaaS pricing information (enterprise plans behind Contact Us form) could be protected under NDA as a trade secret and whether a customer sharing how much they are paying for an enterprise plan would be in trouble or not.

Can you share your thoughts? https://news.ycombinator.com/item?id=39980222


Good question but outside my area of expertise.


Do you have any suggestions for finding firm or attorney that can help with immigration of health care workers, specifically nurses?

I have a friend searching for such a firm now and of the ~15 firms contacted none had any experience with health care immigration.

They have decades of experience with IT services and the path to H1-B for IT.

If no suggestions, can you share thoughts on why healthcare immigration attorney help seems to be difficult to find?


There used to be a visa specifically for nurses, the H-1C, and when that sunset, the options greatly were reduced but there still are solutions if the global organization is structured and funded properly. It's not appropriate for me to mention the names of firms here but I can give you some via email.


Thank you - I appreciate the background.

I'll reach out to the email address in your profile.


My company (healthcare non-profit) filed my H1B on my behalf through Kramer Levin. Had to fill out a questionnaire, a little bit of back and forth, and they handled the rest.


Thank you - that's helpful.


Case: I'm currently in US on L2 (dependent on my wife's L1B). Wife's H1b got picked this time and she wish to postpone accepting the H1B because if she gets on to H1b right away, spouse( I in this case) will become ineligible to work ( on H4) until she has approved I-140 which is going to take 1+ years.

Question: How long can she safely keep the H1b lottery acceptance active without losing it ?


I don't have a specific answer here, but my understanding is that the usual idea is to choose "consular processing" for the H-1B visa. Perhaps your wife should talk with her company's immigration team about this.


That's right, selecting consular notification rather than change of status on the I-129 form can defer for a long while the start of H-1B status.


I'm a European SWE working for a US company and I could request a transfer to the US (L visa?). The latest waves of layoff made me realize that my job wasn't particular safe, especially in the US. My question is: how long would I need to work in the US (lower/upper bound) in order to get a green card (or perhaps some visa with better guarantees than the transfer one).


U.S. immigration law is unusual in that time in the U.S. doesn't confer any benefits from an immigration perspective; the green card paths depend on qualifications and achievements and have nothing to do with time in the U.S.


Probably hard to answer but in general what are the tradeoffs between sponsoring non-US-citizen employees to come to the US, versus not and instead simply use a 'global remote' model, that for example the YC company Deel (or even Stripe) enables? Is it more cost effective to continue doing global remote or are there benefits to bringing employees to the US?


A good question but not really an immigration one and not one that I can answer.


Fair enough, sir. Thank you for your efforts they are much appreciated here I'm sure.


Rather than going through hoops in the US. I got a Mexico Temp Resident visa with no fiscal obligations to Mexico. Turns out I can get US clients, paying US rates and even equity. Figure out my own insurance and pension, but still way better as I have no tax obligations (not being American). Any downsides? BTW México is safe and better food and weather.


> México is safe

Did you mean “nothing’s happened to me so far”?


Is an O-1 or EB-1 visa viable as a grandmaster in chess? There are, for instance, only about 100 grandmasters in the United States right now. We're looking at bringing over a Chess grandmaster to our company, but don't know the most efficient route (haven't talked to an immigration lawyer). If time to visa is a factor, is there an easier route?


I assume they wouldn't be coming to the US to play chess...

> To qualify for an O-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

https://www.uscis.gov/working-in-the-united-states/temporary...

> You must meet at least 3 of the 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise. No offer of employment or labor certification is required.

https://www.uscis.gov/working-in-the-united-states/permanent...


I believe he's asking if he qualifies under the "one-time achievement" here

> You must meet at least 3 of the 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise. No offer of employment or labor certification is required.

I'd like to think that continuing to play chess professionally under the US flag would qualify as "continuing to work in the area of expertise", as this is a self-sponsored visa anyway.

Here's a case study from 2011 that says "yes, it qualifies". https://www.wegreened.com/blog/eb1/case-study-aao-sustained-...


What would this person be doing for your company?


The company is a chess related company that sends instructors to school for afterschool events, so he would be teaching kids, instructing other instructors, helping run events (chess camps, tournaments, etc.), and giving private lessons.


Hi, I entered USA with H4 visa as spouse (my wife owns an H1B), I have Italian passport. I understood that I cannot work on US soil with an H4 visa, even if it is for a foreign company. Hence, I requested and obtained ESTA. Now, shall I go out of the country and re-enter or else there is a way I can change my status without exiting the country?


I've been running a company in India for the last 8 years. At some point in the future, I'll incorporate a C-Corp in the US and I'll need to visit the US for a few days. Is it possible for me (as director of the C-Corp) to invite myself (director of the company in India)? It sounds weird even asking.


IANAL

If you’re married and have a ton of assets and family in India and a good bank balance you’ll be fine getting a B visa. Might not find a slot tho.


Please remember that I can't provide legal advice on specific cases for obvious liability reasons since I won't have access to all the facts.


Hey Peter.. many thanks! My husband is from Gibraltar and his spousal green card application has cleared USCIS and is with NVS.

Gibraltar has changed the name of the criminal record document it issues but NVS has not updated its system. So they keep rejecting his documents even though we included a letter from the police commissioner explaining the situation.

Any suggestions?


Call or email the NVC (there's an email address for questions) and if that doesn't work, get your Congressional representative involved (something that is done all the time and probably would be helpful here).


Peter there's ongoing debate raging on whether showing immigrant intent at any point, precludes one from using a single intent visa such as TN anytime in the future. Is that true or is it the case if one can demonstrate close ties to your home country and abandonment of intent that you can resume use of these non-immigrant visas?


Hi Peter, thank you so much for doing this.

What are your recommendations for a successful EB2 NIW application for someone who holds an MS in Computer Science from EU? For example, is there a any particular salary minimum, an expected number of years of experience, or do I need to run a company? E.g. what can I do to improve my odds? Thanks.


This may sound troll post, but i assure you its not, I'm genuinely curious. Can someone currently in USA on h1b or F1 but didn't get selected into lottery go to Mexico, enter USA illegally like many others these days. Register himself/herself and get some sort of work authorization and start working in tech?


I don't see how unless seeking asylum.


Thank you for doing this! Is it hypothetically possible to switch jobs after your employer has filed for your H1-B (but before receiving approval from USCIS)? I've heard differing opinions online. I'm currently on the F1. I can potentially work for a very early startup that I'm excited by.

Thank you for doing this!


I'm an Australian living in the US on an E3 visa. I would like to get a green card, but we never win the lottery to move to a H1B and start the process. My youngest daughter was born in the US, and so is a citizen. Is there any way to get a green card without having to win the H1B lottery?


Yes. You can be in E-3 status and pursue a green card; it just means that your international travel might be limited during the process.


I got a green card while on E-3. Make sure your visa doesn't expire while you are in a no-travel period, as you might not be able to renew it if you have a pending change of status (or so I hear - was not applicable in my case).


I moved from e3 to green card. There is a no-travel period between petition and granting, but it’s possible


How can Mexican founders of a Delaware C Corporation establish an office, hire employees, and reside in Texas?


The TN visa might be the easiest quickest option. The O-1 and E-2 also might be options although the timelines are longer and the costs are higher.


Hi Peter - thanks for doing this.

Have you ever seen any visa issues pop up for students on J1 visas who apply for YC post graduation?

Do you see students on J1 visas who incorporate even before graduation?

(Australian here - in my particular case, the University has said no return to home country requirement will apply.)


Hi Peter, thanks for doing this. I’m on an H1B and my employer is preparing to apply for an EB2-NIW for me.

Assuming I get an I-140 approved through this, if I subsequently leave this employer to pursue my own startup, would it be easy to retain this I-140 and/or the associated P.D.?


Thank you for this, Peter.

As a non-US tech worker, I find many American companies not willing to hire (through my own pre-established company), is there something I can do to make that easier/smoother?

I have worked that way before but it seems a hard sell to many other. What do you recommend?


Hi Peter,

From a legal standpoint, would you say it’s easy for someone to provide remote work services directly to a US startup? How would you go about it- set up an LLC in Delaware or provide the service via the country of origin and send international invoices?


I can't comment on the mechanics but from an immigration standpoint, remote employment for a U.S. company is fine (whether as an employee or contractor) and doesn't require work authorization.


Hello Peter, I have a friend coming from China and pursuing bachelor degree in America under F1 visa. What are some options available that can get green card as soon as possible other than the traditional route f1-> h1b-> eb3 ?

Is self-sponsorship an option?


You could always look at an E2 visa if you don't want to invest $800,000 in an EB-5 project; however, investment amounts vary from $150-400,000. The range is based on what USCIS would consider a "significant investment" based on your country of citizenship. E2s don't lead to a green card or US citizenship, but you may find a USC/PR spouse or another path while saving some capital.

Either E2 or EB-5 will have significant fees associated with them. Typical EB5 "administration/syndication" fees will run $80,000. You may be able to reduce this by going to the EB-5 Project directly and negotiating. Most of the time, 90% of that fee is used to pay a foreign agent(aka finder) for bringing the investor


Oh wait, China doesn't have a E2 treaty. You may still be able to find a way via Grenada but I am not sure that tactic still works.


You can look into EB-5 Visa if you want to self-sponsor yourself and have the monies: https://www.eb5united.com/eb5-visa/

With Priority Processing in Rural EB-5 Projects, seeing I-526E Approvals within 1-13 months: https://www.eb5united.com/updates/2024/02/eb5-green-card-in-...


Is there any limitation or challenge in sponsoring greencard by very small business and the risk of getting rejected?


As long as the company has the ability to pay the offered green card wage, green card sponsorship by small companies usually works. The main issues are unrelated to a company's size.


How difficult is it to hire an international student on OPT? It seems like the process is straightforward, but a to my knowledge all I will need is to file for an EAD and submit an offer letter showing job is related to the field of study


Is commuting on a TN visa possible for a Canadian living in Canada? Let’s say I had to commute to the office in the US 2 days a week, and live the remaining 5 days back home in Canada while working remotely. Is a TN good enough?


Yes, a TN would allow for this.


I am actually curious if you see any indication of people leaving/emigrating from the USA? Either serial entrepreneurs who have already had some success or those who feel there are sufficient opportunities with less hassle elsewhere.


Definitely, particularly Indian citizens because of the awful waits here to get a green card and because of the good opportunities and elsewhere to build a business.


What are the odds of someone with a master's in Computer Science and 10+ years of experience (pre-degree) to get a EB-2 NIW visa? Does the master's itself increase the odds by a lot or does it even make any difference whatsoever?


Hey Peter! How can a YC startup be founded in the US if none of the co-founders are US citizens? Does it mean after their batch they need to leave the country? Or are they allowed to stay in the US by the "$100k investment rule"?


If the activities of founders are limited, then it's possible to spend a significant amount of time in the U.S. as a business visitor but more often than not, a work status/visa is required and the timing of getting that must be managed so that that it's possible to remain and work in the U.S. But it's possible and done all the time. (There's no $100k investment rule by the way unless you are thinking of the E-2 investor visa, which requires a substantial investment and is another type of work visa.)


A friend of mine is on a TN status (Canadian) and has a lot of side-projects he’d love to monetize but feels like he can’t due to his status. What options does he have to make money off of his side projects barring returning to Canada?

Thanks in advance!


He could change his TN to a Management Consultant but that would mean entering into a consulting agreement with his current employer (assuming that he also wants to keep this employment).


Even if this change occurred would he be able to accept independent income generated outside of the sponsor of his TN?

In this case, wouldn't his new management consultant TN be tied to his (now former) employer, so would such revenues from his side projects need to flow through the TN sponsoring company in order not to step outside of the terms of his TN?

Side question: what are the risks of a TN holder operating what looks like commercial side projects whether they generate revenue or not (eg publishing a mobile game or running a successful website unrelated to the TN they hold - is it still commercial activity, is it still seen as removing a job from the US labor pool, etc?)


Hi Peter, Thank you for doing this AMA.

What is the timeline for an Indian born British citizen to get the green card on L1B visa? Is the British citizenship favourable for getting permanent residency in USA in this case and eventually citizenship?


Unfortunately your citizenship is irrelevant and all that counts is your country of birth. Because you were born in India you are chargeable to India despite your British nationality.

However if you are married to someone who was born in the UK (or another country) you are able to use their country of birth for your green card. This is called “cross chargability”.


Hi Peter,

What do you think about high skilled immigration in general post-covid era. A lot has happened since then...Ukraine war, recession, major macro economic shifts...How do these affect the talent pool in US ? Would you share your experiences ?


I don't see those as the main drivers of change for business/employment immigration. I think the biggest change is the explosion of AI technology and companies and the massive flow of money to AI technology/companies, which in turn is driving a frenzy of hiring of tech/AI talent.


Is H-1B an option if I don't have a bachelor's degree (never went to university)? I'm currently doing remote contracting for a US company and I'm wondering what my options would be for working in the US


The requirement is a bachelor's degree or higher or its equivalent and equivalent can be based on a combination of education and professional experience or even just professional experience. So the H-1B might be an option for you. Also, an O-1 doesn't require a degree but the standard is higher than (and different from) the H-1B.


Hi Peter, How easy is it to get an O1-A if someone meets 4 out of 8 criteria for extraordinary abilities but wants to do a single-member LLC and do some consulting to find the problem they would like to build a startup for?


That could work. There also might be other visa options.


Also, do you know of startups taking advantage of TEA status (e.g. 99% of Puerto Rico) to lower the EB-5 investment requirement back down to $800k? (I didn't realize it had gotten up to $1.050mm; that's high!)


Curious if you've seen any E-2 visas granted to people from Grenada, etc. to people not born in those countries (i.e. naturalized) after the 2021 (?) NDAA/Portugal friendship/etc. legal change. to E-2.


Hello Peter, I am on F1 visa in US, working at Berkeley National Lab(DOE funded) as an intern for almost a year, I have received an offer to join them full time. Which visa should I consider: H1B or EB1/2 or O1?


The EB1/EB2 refers to a green card so that is probably not a good option because it takes too long. Between the H-1B and the O-1; they each have their relative benefits: the H-1B would allow you to travel without interruption during the green card process and the O-1 is effectively easily transferrable to another employer (while the cap exempt H-1B is not).


Hi. On the immigration visa and police cert. For every place you live >.5 yr since 18. Ever seen one go through if you have several city certs but are missing one?


Hi Peter, thanks for taking this. How feasible is it for a Canadian Citizen who has a software consulting service to apply for E2 visa? Is it worth pursuing? What things are important to keep in mind for that?


From the UK.

Put simply: if a (large) US company wants to employ me, will they take care of the visa alongside a job offer? Or is there some preparation that I should do myself before I even start trying to get an offer?


You’d need to apply for a role at the company and then it would be situational and perhaps not immediate.

There’s no easy option that I’m aware about and just getting a US offer and having a US employer to help with immigration does not guarantee much —

You might be eligible for an O-1 if you possess graduate qualifications, publications or meet other options. “Person of Extraordinary Ability” essentially.

You might win the H-1B lottery.

You would not be eligible for an L-1 unless the US company has a subsidiary entity in your country, you work for that as a full-time employee for at least a year before applying, and then you (and your role) meet the bar for Multinational Manager/Exec or Specialized Knowledge Worker.


I already have an L-1 at the company I work at, but that doesn't allow me to work elsewhere. Does make anything easier?


I was thrown by you saying you were UK-based, if you have an L-1 then you’re able to reside and work in the US for that specific employer.

To change jobs on an L-1 you really need to have filed I-140 and be on the way toward your Green Card.

https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-...

What this means concretely is if you have an L-1, an approved I-140 filed >6 months ago, and you’re now pending Adjustment of Status, I think it’s fairly safe to change jobs under AC21 (that’s what I did; this is not legal advice and I’m not an attorney, I took legal advice about my situation).

If you change jobs to work for Employer B after I-140 has been filed and >6 months has passed but *before* it is approved, I think that’s technically allowed in an authorization to work sense, however your L-1 is no longer valid, so if your I-140 filed by Employer A gets an RFE or Denial, you may be in difficult territory.


I was formerly employed on a H1B visa until 2020. Will I be able to reuse that H1B visa for employment at a startup, or would I have to reapply for a H1B visa?


I’m currently on F-1 graduating early by a semester. I want to move to OPT work for a couple of months before going to grad school. Do i reapply for F-1? Do i get my OPT reset ? How does that work?


If my visa was rejected the first time,( I was planning to visit the US on a tourist visa) do I have a chance of getting my visa approved? Or will the process be more difficult for me now?


Yes to both: it will be more difficult but it's possible; we have lots of clients who get their visitor's visa after the second or third try.


Hey Peter, whats your checklist or just intuition for when a company is ready to support H1B visas? Is there some clear point between seed-round/current-YC-batch and public-mega-corp?


The bar is low. It's presumed that the sponsoring company will be able to pay the sponsored H-1B worker so the focus actually isn't on funding but the existence of basic corporate requirements - that is, the company must be incorporated, have an FEIN, have physical commercially zoned office space, and be authorized to do business where it operates. So, the long and short of it is that new small companies can sponsor H-1B workers.


A friend recently received greencard through eb3 a month ago. How long is it recommended to stay at the job before quitting/switching to a different employer


That's a case specific question but broadly legally there's no minimum requirement.


This friend has already worked for the current employer for over 4 years under h1b visa with at will employment type. In this case, is it ok to say it is safe to quit?


How are you using AI to make your job go faster/smoother/better? If at all?

If you're not using AI, how do you think it will impact how you service your clients?


Is it legal for a US employer to not promote US citizens that are currently part time to full time while hiring H1 Visa workers who do not do as good of a job?


Yes, it is legal as the pipelines are different. H1 doesn't have the sort of requirements that you are thinking of. Maybe you are thinking of PERM.


Because the current I485 processing time is around 41 months or just shy of 4 years. That card gives you to opportunity to work and travel in/out of the country while waiting for your green card.


I don't believe that was the question.


I have worked at several employers (schools) that ignored qualified American citizens while claiming they could not find qualified people and tried to bring workers in on a H1 Vida or hire someone already here on a H1 Visa.

Is it legal to import someone on a H1 Visa while ignoring qualified American citizens who applied for the job?

Is it legal to hire someone already here on a H1 Visa while ignoring qualified American citizens who applied for the job?


What would be the best manner to help a EU resident who works for a US co.?

Green card? Visa? Remote?

Any suggestions would be very helpful. Specifically regarding taxes of income.


I can't comment on taxes. Are you asking about the best way to work in the U.S.?


I'm maybe in a similar situation as OP so let me clarify what I would ask -- might be the same as them.

Citizen and resident of an EU (Schengen) country, de facto working for a US company, though the employment contract is a standard employment contract with the local (EU) entity.

Interested in moving to the US to become a permanent resident and eventual citizen, and I expect that the current company would be interested in sponsoring. What's the best path?


Could a married couple get their own E2 visas individually and then get each other on a dependent visa to have an open work permit?


If I want to keep living in Europe but work for a US company, is there some visa work necessary? Do they have to have offices in Europe?


What is your view on the E-2 visa for startup founders and likelihood of success (with an investment of ~50-100k for software business)?


Why does the EAD/AP card exist? Let’s say one is on an L1 visa waiting for the GC. Why does the US even bother to issue the EAD?


If your L1 runs out before the GC is approved, you are allowed to stay in the US.

Without the EAD, you will NOT be able to work until the GC is approved.

Why is it not automatic? I assume USCIS doesn't want people to just get work authorization by filing frivolous i485 applications


Well, it can be issued to any filed 485 provided the i140 is also approved. By the numbers, that's the majority of people. But that's also not what they do. It's just an employment scheme for the government. Makes money and provides jobs.


A very good question! There were historical reasons for it but now it just seems like a way to generate money for the USG.


Do you refer clients to another firm or attorney for setting up entities and advising on tax planning for sponsoring an E-3 visa?


Hi Peter, does the success of an H-1B application depend at all on the expertise level of an immigration lawyer representing me?


Hey Peter, How can F1 students start their own startup and how does that affect their visa? What needs to be done later as well?


While they are in school? That's tough and the student has to be very careful not to cross any lines. CPT and pre-completion OPT sometimes work but there are significant restrictions and conditions that must be met. Oftentimes, the solution is to take a leave of absence and switch to a work via (if possible and it oftentimes isn't).


I applied for H1B multiple times without getting it. I ended up getting an L. What is the probability for H1B rejection?


Hi Peter, which kind of visa would you recommend for a computer science master graduate from Germany. Thank you very much.


Hi Peter,

We have an employee that just won the H1B lotto. We don't actually pay employees any cash (all future payments). Will this be an issue?

Thanks!


If I have a EU permanent residency, but no citizenship yet, will I lose my residency if I decide to move to the US?


IANAL but it depends on the country, there is no such thing as EU permanent residency.

For Germany the answer is yes, but you could fake it at the risk of getting your PR revoked if they ever find out.


Can a non-US citizen who got into YC incorporate in the US and stay there? What does the visa process look like?


Hi Peter,

I'm a pure mathematics PhD student (from SE Asia, studying in the US) graduating at the end of this year. I expect to work at the intersection of finance and tech.

I have heard that the standard for O1 visa is a bit lower these days. Do you know if ~5 publications with ~20 citations is enough to qualify for O1? This is low compared to CS people but is pretty respectable in pure math. If not what are my options beside H1B? Thanks!


Can I keep my green card if I am not working and traveling abroad (tourism), for the majority of a year?


Have you seen a expedited request success for affirmative asylum case on behalf of a company?


What do you believe would be the best path to citizenship from an H1-B visa in most cases?


In applying for O1/EB1, does rejection hurt future applications?


Can a F1 student start their own company and sponsoring themselves?


See my response above. After they graduate, it's much easier, OPT and under certain circumstances STEM OPT permit this.


Thank you for your response! Which type of greencard should be used by the startup LLC?


What options are available for a F1 visa holder to get greencard through his/her own startup?


The same as everything else. Green cards and visas are largely independent and one does not depend on the other.


Hi Peter, at which stage should a founder apply to O1?


Hi Peter,

What are the best routes to a Green Card for an L1-B holder?


How long these days can take L1A to GC process ?


Are there any pitfalls for non-US citizens that never have nor will visit the US when incorporating a company via a service like doola.com (YC)?


can a US based company sponsor green card for an international manager has not taken the job yet ?


Who has not taken the U.S. job? Yes (if I understand you correctly).


Can illegal immigrants be hired?

There are so many educated illegal immigrants. Which is good for small startups i think


If they have no work authorization, they can't be hired legally. But even talented illegal immigrants, unless they are long-term overstays or have criminal records, can get sponsored for work visas.


What's current USCIS policy, in terms of months, for allowing out of status immigrants to be sponsored for say an H1B visa? 6 months, 1 year, longer?

Thank you in advance!


Hello. I'm struggling with my immigration status and my friend recommended my to ask on this website. I hope I can get some legal advice well!

My current immigration status : I came to USA a year ago with J1 internship visa (2years requirement waiver). At first I had no plan for marriage. But, July 2023, I suddenly got married with my boyfriend. I quit my job and moved to the another state where he is living, so my J1 visa was expired around Sep-Oct 2023. We started living together since Sep 2023, and we filed I-130, I-485, I-765, I-131 soon. I got receipt notices for them around the end of Sep 2023. I received my EAD card last year as well. >>> Entry visa: J1 internship without 2 years requirement. - Now expired. >>> Current status: I-130, I-485, I-131 pending. I received EAD card. I sent medical examination result (I 693) already. I went for a biometrics appointment and submitted my finger print as well.

However, Feb 2024, something happened and I reported my husband to local police and military police since he is a military active duty. I reported for domestic violence(sexual, verbal, emotional, mental). Military issued No Contact order on him on Feb 2024 and it's still valid. I don't have Protection Order from court. I have my victim advocate on military base and military victim attorney as well.

>>> I have my local police report/ military police report/ no contact order from military/ no contact order extension from military/ counseling record regarding Sexual assault and emotional abuse (This counseling was done Nov 2023, Dec 2023)/ Statement of my friend as a witness(She didn't see it, but I told her about Sexual Assault when that happened)/ Therapist letter - asking extension of no contact order after the incident/ Psychiatrist letter - after incident I got diagnosed PTSD, Anxiety disorder & Insomnia/ ER visit paper after the incident (panic attack & anxiety)/ Statement of victim advocate/ military victim attorney contract paper/ Text message screenshot - my husband was admitting his behavior (Suicidal threat with knife to his throat& Verbal rape threat)

Since Mar 2024, I relocated myself to another state and currently I'm staying at domestic violence victim shelter. He filed a divorce paper around end of Feb or early March of 2023. Our divorce will be finalized maybe next week(probably- by 04/20/2024)

Now, I'm trying to apply for VAWA green card. My previous immigration attorney told me that my husband has withdrawn I-130 and I-485. She didn't inform me before I asked her the other day- saying she doesn't represent any of us, due too conflict interest. I guess my husband withdrew my petitions a while ago, but I could know this information the other day. However, whenever I check my case status on USCIS website with receipt numbers, it doesn't say my cases are withdrawn. It just says 'We sent you receipt notice' >>> So, my understanding of this situation is - He filed a withdrawal paper but it's still processing. So my petitions are still pending.

I'm desperately looking for proper immigration legal advice. I'm talking to some legal aid associations but they don't respond me promptly, it seems that I'm on the waiting list. I want to get some legal advice and do this process by myself.

>>>Here's my questions.

1. How can I check if the withdrawal paper is submitted? Even if it's submitted, when I put my receipt number on USCIS, it doesn't say it's withdrawn - that means my petitions are still pending?

2. For VAWA process, are these only forms that I have to apply for? (I 360, I 485, I 131, I 693, I 765)

>> Do I have to submit withdrawal form for pending petitions before I submit new petitions? (I 130, I 485, I 131) >> Is there any way to keep my current I 485, I 131 pending petitions? Or do I need to submit new forms for same petitions? >> After finalization of divorce, will my current pending petitions be automatically withdrawn? (I 130, I 485, I 131)

>> Let's say our divorce is finalized on 04/18/2024, then if I submit VAWA green card application and receive receipt notice around 05/10/2024 1) does that mean I'm staying in US illegally for a few weeks? 2) In the meantime (04/18/2024 - 05/10 /2024), can I work with my EAD card legally? (My main concern) 3) Will it be a problem with my green card approval? Can it be considered as residing in the states illegally? Is there a possibility that they can deport me?

** Especially, I have a big concern with my EAD card.. I have a job interview soon and I'm so worried if I can't legally work anymore after divorce

>> I already receive my EAD card, and it's valid until 2028. Do I need to submit new I 765 form?

>> Apparently my husband already filed a withdrawal paper for I 130, I 485. So,, if that's approved around May 2024, does that indicate of the termination of EAD card?

>> After the finalization of divorce, can I still use my EAD card and legally work? or will it be invalid automatically?

>> Will my EAD card be still valid even after I submit new I 765 form?

I'd like to know if I can legally work after divorce since this EAD card is based on his I-130 petition as far as I know. Also, I'm so confused if I have to file a new I 765 even after I received it already. If I have to submit new I 765, does than mean the termination of my current EAD card?

Also, I have last question. I'm talking to one immigration attorney from the legal aid based on different state with my current address. I was already talking to him before I relocated myself and still. He recommended me to find new legal aid in this area, and I tried several times but it's really hard to find. I want to suggest him to go through this VAWA process together. I'm wondering if that can be possible - The attorney is in Western part of the country and I'm in Eastern. Can he work with me for the VAWA process and file the form to the nearest USCIS from my current address?

Thanks for your time. I think my situation is a bit complicated, I'm so confused what I have to do. Especially, about EAD card, I have so much concern since I have a job interview soon. I hope to hear from you soon. Have a good evening!


You need to speak with an immigration lawyer who specializes in VAWA. If you email me, I can refer some to you.


Okay, thank you. Where can I email you?


Ask your libertarian friends: why is it capital has no borders but people do?


Is the H-1B lottery selection transferable to another employer?


Hello Mr Roberts,

How much do you agreed with the internet sentiment that HB-1 visas are exploitive? What rights or recourse do HB-1 holders have that they are not aware of?

I am an American citizen, but I do notice quite a few jobs filled by HB-1 that could have been filled by Americans but many Americans do not stay in because of low pay or poor career advancement.


The H-1B program is supposed to protect the wages and working conditions of U.S. workers (but it's debatable whether it does either) but there's no labor market test requirement to employ an H-1B workers.


Hi Peter, I've been curious regarding what sort of legal arrangements a certain family of content providers setup in order to display large sections of third party published materials.

Some examples

* Lexis Nexis news archives https://www.lexisnexis.com/en-gb/products/research-insights/...

* https://books.google.com/

* https://www.perlego.com/

Google books has restrictions to display a fraction of many texts but they obviously reproduced entire texts to filter upon. I'm curious if there are commentary apps out there that take whole literature and overlay new layers atop it and have published reproductions of their own somewhere in their infrastructure.

I'd like to know how websites like the above are made possible with most published stuff gated with permissions going like """All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher""".

Thank you.


That's a very interesting question but outside my area of expertise, unfortunately.


whoops, my apologies, I somehow glossed over the immigration attorney detail and somehow my mind centered on IP attorney.


Google books has a long history. Read the Atlantic article. In short, everyone cried and eventually reached a deal with google.


I work for a large tech company, and have applied for EB3 green card in May 2023 (11 months ago). My priority date has been current since Jan 1st 2024. However, I have not heard any updates about my application. Is there anything concrete I can do to speed up the process?

I have read that reaching out to your congressperson/senator might help. Do you have any data on how successful this path is?


I am in a similar position with a priority date of June 2022 and have been current sin Jan 1. I would love to hear Peter's advice here. The endless checking of the application status is tough.


[flagged]


No one is encouraging people to just 'walk into the country', where are you getting this from? It's illegal, they try to stop it, it's not perfect (never has been). If you cross the border illegaly, chances are you have many years of hard work and uncertainty ahead of you before you can begin to feel a peace. Please don't glorify illegal immigration as if they're all just getting free meal tickets and living happily ever after. It's a very hard decision made after years of suffering, not an easy way out.


I just got my green card after 9 years of living on a TN. I've got a family -- my kids have spent about half their lives in this country.

Even though I was in legally and knew eventually things would work out, there's not one week that went by where I didn't think that if I lost my job I'd have to leave, or wasn't given a reminder that we're foreigners and could lose it.

To be in the country illegally and be fearful of losing it all at any time, or to claim asylum only to know there's a court date coming where you could get kicked out, well, I don't wish that on anyone.


What're your thoughts on using the "GPT" prefix for open source projects? If they're successful, will OpenAI go after them, and can they actually enforce this trademark?




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