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

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

276 pointsproberts237 comments

I’ll be here for the next 3 hours and then again at around 12 pm for another 3 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I’d like to focus on the recently reinstated International Entrepreneur Parole Program (or IEPP). Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won’t have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!

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

View on HN

Hey Peter,

I am the Co-founder and CEO of an early stage start-up incorporated in Delaware. I am originally from Bangladesh and have just closed our pre-seed round of $300k from an investor in the United States.

Which of the following options would be the best for me?

1. International Entrepreneur Parole: Raised >$250k so should be eligible.

2. O1: By my understanding, I meet the following criteria:

Award- $300k USD pre-seed investment from a top investor in the United States.

Memberships- OnDeck (beondeck.com)

Critical Employment- Co-founder and CEO

Judging- Judged start-ups for investment competition in St. Louis ($50k cheques).

High Remuneration- Own 60% Equity in my start-up

3. E2: Being from a treaty country can I apply for this or would I need to invest my own money into my start-up?

The IEP seems like the best option and a good one. The E-2 would require investments by you and/or other Bangladesh citizens into the US company and then expenditures by the US company. Based on the information provided, I would put the O-1 odds at less than 50%.

Hi Peter,

Thanks for doing this.

As far as I know, the IEP structure has no clear path to permanent residency like some of the other options. Is that your understanding as well or am I missing something here?

It's a common misconception that a nonimmigrant status somehow leads to a green card or limits the green card options in any way. There is no connection between the two. So someone in IEP "status" could pursue a green card but because IEP is not considered an admission, he or she would have to go the immigrant visa route through a US Consulate abroad rather than the adjustment of status route through USCIS.

What does IEP stand for?

International Entrepreneur Parole

Thank you. Did not know about this!

Thanks, Peter! Would you know the processing time for IEP application? Could it be expedited?

The processing time is completely unknown right so we'll have to wait and see and premium processing isn't available - although where the circumstances are very, very compelling, it's possible to request expedited review (with such requests rarely granted).

Hi, thanks for doing this. I was working for a tech startup under H1B. I was laid off 1.5 months ago with less than 1 week notice. They didn't say anything about covering transportation costs for me to go back to my country. I think they haven't submitted the request for withdrawal either. (I checked on USCIS). - Is it true that they're legally responsible for paying the transportation costs? Can I accept the money without actually going back (due to Covid)? - Are they also responsible for paying my salary if they "forgot" to submit the withdrawal request? Can I sue them later?

I couldn't find a sponsoring company for H1B transfer. I know I'm out of time. But I have plan B so I'm not worrying about overstaying. Thank you!

I really can't comment on any potential claims but the law is clear that a sponsoring H-1B employer must offer a terminated employee the reasonable cost of a return trip home.

Hey Peter,

I changed my employer last year while my spouses h4 visa was in process. Got to know last week that h4 visa was denied because it was referring to my old h1b which has become void due to switch.

Can you give some options to get uscisnprocess her visa soon. Is it possible to get other type of visas as we would like to start an online e commerce business.

It shouldn't have been denied because the H-4 isn't tied to a particular H-1B employer but to your H-1B status which presumably you have maintained. An option which you should raise with your lawyer is to file a nunc pro tunc H-4 application. We've had these approved, particularly during the pandemic, for individuals whose status expired more than 6 months ago.

Thank you again for all the great questions and comments. I'm going to sign off now and return again in about an hour.

Hi Peter, thanks for doing this.

I'm a permanent resident (won the Green Card lottery) and I'm currently living in the US. I'm going to marry someone who is not a US citizen this summer. When I check the regular process, it took almost 2 years to bring my future wife to the US. What is the fastest way to bring my wife to the US after the marriage?

Thanks again.

Unfortunately there's really no way to expedite the marriage based green card process. What's frustrating is that if you were a nonimmigrant, she could come over right away on a dependent visa but that's not an option for spouses of permanent residents. We've had clients give up their green cards and switch to a nonimmigrant status because of this. Is there any chance that your fiance could qualify for her own work visa? Because once here, you could sponsor her for a green card, a much better process than going trough a US Consulate abroad.

I’ve heard that an option for Canadian workers pursuing US citizenship is to apply for a TN visa, then apply for consular processing from Canada while under TN visa status. Does this seem like a good option?

I’ve worked remotely for a small company for a number of years and am a core team member. I suspect I fit one of the definitions for an L1 visa except that the US company doesn’t have a presence in Canada other than my home office. Would this qualify? Or does there need to be a legitimate Canadian subsidiary to even be considered?

I suppose my last option would be H1-B but that seems like the least favourable.

Hey there, I'm a Canadian living in the US on an L1 right now, it was a good fit for me. What my company did was set up a Canadian Entity (subsidy) and started paying me through that for a year before I made the trip. It worked out well.

Are there any requirements for the Canadian Entity?

Unfortunately there needs to be a legitimate operating entity in Canada with office space, employees, etc.

I saw your AMA in Reddit years ago, what can the software engineering divisions do to help you?

I had a friend who realized that the lawyers didn't really have tooling that was perfectly sized.

Lawyers - myself included - are notoriously bad at using technology and just changing the way that they do things so there's no question that there's opportunity here.

Well, for obvious reasons, the average developer is notoriously bad at knowing the law.

What are effective approaches to getting a greencard/ having the flexibility to apply to any US based company to join the job market there? (I am based in the UK with a British passport).

Thank you for putting time and effort in this.

For the typical (strong) passport holder, one of the most reliable routes is to get employment at an offshore office of a US-based company with significant international operations (eg: Google, Amazon, Facebook, etc). Working for their London office should be tenable.

Once there, aim for a transfer to HQ or US-based office via the L1 visa (higher likelihood than other US employment visas). From there, with a UK passport you will have a much shorter/non-existent queue to apply for and be granted a green card (within 2-4 years of L1). From there, you have full employment (or non-employment!) flexibility within the US.

The whole timeline should be about 4-8 years from getting your UK-based US-company job, which isn't short or quick, but far more reliable than many other options.

If speed is the priority, you have to take some risks.

- You can shoot to get an H1B but it's the biggest lottery shitshow. Large employers are generally unwilling to spend much effort on this these days, they may try once and then rescind the offer if the application fails.

- You can try to start a business, raise US investment, and then qualify for IEP (see other thread here)

- You can find a US-based cofounder(s), start a US-based business, and then try (probably multiple times) to file an H1B for yourself as an employee of your business. You must hold less than some % of the business to be above board.

- Above, but try for an O1 instead of a H1. Lower chances, but more flexibility once you get it. Green card is an option immediately.

- You can be an impressive individual by filling the criteria and apply for an O1.

Short of qualifying for an O-1 visa, from a long-term standpoint, the best options are probably working for a company in the UK (ideally in a managerial capacity_ and then transferring on an L-1 visa to a related in the US (ideally also in a managerial position) or getting an H-1B visa but this is subject to a lottery and the odds continue to get worse.

Hey Peter! Thanks for doing this again. I’m a prospective immigrant founder from India. I’m currently working on a H1B.

Wondering what your take is on EB5 via loans. My understanding is that you effectively just pay the interest? Are USCIS approved investment schemes that invite folks to invest, a lot of times in property in like random american towns super shady? https://www.eb5daily.com/2018/02/eb-5-loan-work/

Also, what do you think about pursuing a PhD to be able to work on my startup and eventually getting a O1 visa and green card via the PhD. How does this compare to getting funded and applying for O1? Whats also the numbers for how many YC immigrants get an O1?

I've always steered clear of the EB5 program so I can't really comment. Regarding your other questions, while not automatic, most PhDs qualify for O-1 classification and some type of self-petitioning green card, such as a national interest waiver or extraordinary ability green card, and funding, while helpful doesn't guarantee an O-1.

Hey Peter,

We're a US startup. One of our developers is an 18-year-old (!!) Brazilian. He wants to forego college and move to the US to work with us full-time. We're brainstorming his future possible paths to the US.

Ideas on class of visas for someone without a college degree?

One idea is the O class. He has two gold medals and one silver medal in the Brazil National Mathematics Olympiads. Unsure if these recent accolades in mathematics are sufficient evidence of "extraordinary ability" in the related field of programming?

Thanks! A

The O-1 is really the only option unless you all have operations in Brazil and he works there as an employee for at least one year, then an L-1 might be an option. Student/Academic awards while demonstrating an individual's intelligence and abilities generally don't count as awards for O-1 purposes (although we still discuss such awards).

Hi Peter. Has the immigration situation for foreign CS PhDs wanting to get EB1 in the US gotten better? I had heard things had slowed down (with RFQs for clearly qualified researchers) during the last few years. What kind of timeline can one expect today? Also, I have heard Canadians are able to apply for EB1 without an H1B (I heard something crazy that it can be done while not in the country but also on TN). Can you pls comment on this? Thanks in advance.

It's really too early to tell regarding the standard being applied to EB1A petitions under the Biden Administration but based on our relatively limited anecdotal data, it still seems to be very high. And yes, Canadians in TN status can apply for green cards and green card applications can be pursued even if the individual is not in the country.

My EB-2 PERM was approved last week. My employer is giving me the choice between concurrent filing of the I-140 (with PP) and I-485, or filing the I-140 with PP and then filing the I-485 upon approval.

Is there any reason not to file concurrently? I'm surprised my employer is giving me the choice because I can't think of a good reason to file separately given that I have no upcoming travel plans.

Unless there's a problem with your qualifications (which I'm sure not), there's really no reason to file them separately and delay the filing of your I-485.

Thank you!

What sort of qualifications/awards/etc. are most compelling for O1 visas as a tech worker that would demonstrate you are at the "very top of your field"? What examples of work do you commonly see for people making these applications?

I'm curious what types of things a regular tech employee could do while employed to demonstrate that they'd meet these criteria.

It's tough and the awards category is a particularly tough one because the awards really need to be significant and student/academic awards generally don't count. I would say that the categories most within an applicant's control and/or easiest to meet (relatively speaking) are journal review or event/hackathon judging, outstanding association membership (such as IEEE senior membership for example), high compensation (geographic and occupation based), press, and publications.

1) How often do YC startups (seed/series A/ etc) sponsor H1B visas for their emploeeys? If not often, what are the blockers?

Background: I am from Romania (part of EU), currently working in United Kingdom. The plan is to get an L1 from a big tech co (currently working at Facebook). But I'd be very happy to find out startups sponsor H1Bs as well.

Blocker would be the H1B lottery. You'll have better luck using L1 and then convert to a green card than going down the H1B route.

Hi peter! I'm currently working for an US based startup remotely from south america. Without a formal university degree, but somehow 3-4 years of experience on the field. Is it possible for them to help me get a working visa? I want to ask them in a good way if they could help somehow but I can't seem to get any info I could leverage.

Not wanting a greencard whatsoever, just a temporary working visa, something that lets me travel tbh. I've travelled (pre covid) previously with a J1 visa, and have a couple of friends who usually do H2B but for ski retail industry, and I don't know if any of those would fit my situation right now.

Also, Embassy down here is closed so I can't do my tourism visa (B1/B2) for travelling, and I'd love to get down there this summer.

Is there any way I could get a visa for travelling ? I'd really appreciate a reply.

Thanks!

The options are very limited, an H-1B if somehow your education and experience can be evaluated to be the equivalent of a bachelor's degree or an O-1.

Hi Peter,

Thank you for doing this. I asked this question earlier but missed seeing your reply so I’ll state it again.

Can someone who has some unused time on H1B from long time ago, use it if they have a job offer from a US tech company and is presently outside the US?

It’s been 11 years since last present in US and the visa was approved a year earlier I believe.

Thank you.

The guidance isn't crystal clear on this but the concern is that this person would be subject to the lottery again since more than 6 years have elapsed since he or she was last in H-1B status. That being said, we've had H-1B petitions approved where the gap was greater than 6 years.

Thank you for your reply.

I was definitely wishing to avoid the lottery but I guess it’s on case to case basis.

Hi Peter,

Taking a look at the IEPP webpage, I saw some vagueness that is common when looking at entrepreneurship visa programs in the US and elsewhere, for example:

"The start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;"

In this context, what is "significant investment?" 100K? 1M? 10M?

In this context, what is a "qualified investor?" Any accredited investor? Do VCs apply to some government entity to become qualified investors in this program?

I am not personally affected by these definitions ... I am a US citizen ... but many friends of mine are foreign nationals in the US on various visas so I try to maintain a decent working knowledge of immigration options and vague language like this makes developing this understanding more difficult.

These terms are actually defined in the regulations.

Ok cool, for others reading I found it:

Substantial Investment is $250K of funding or $100K of grants (Just YC funding would not be enough to qualify on funding)

The qualified investor must be a US person or entity who regularly makes this type of investment, has invested $600K in the past 5 years, and their investments have created 5 qualified jobs in the US. So it looks like most VCs and some larger angels would qualify.

Edit: source: https://www.uscis.gov/sites/default/files/document/forms/i-9...

Thanks for providing! I would recommend that everyone interested in the IEPP read the form instructions on the USCIS web site. The form is 941. While they do not answer every question, they do provide a lot of good and clear information about the requirements.

Hey Peter! I’m considering a move to the US with my current employer in the near/far future. What’s the best way to do so if I want to keep the option of getting permanent residency open? I’m Australian so I’m qualified for an E-3 visa, but as I understand it, it’s only for non immigration intent so applying for any sort of permanent residency would be grounds for it to be revoked. (for context, company is a 1000+ head count multinational and I’m currently working in a satellite office)

On a semi related note - what’s the actual definition of “equivalent to a 4 years US bachelors degree”? I have a 3 year B.Sc from an accredited Australian uni. Would that count against me in any way?

Thanks for opening this thread!

IANAL. I have a 3 year BSc from Australia. This was very much the norm when I studied; I think 4 year degrees are more common now.

For my visa, my employers' lawyer paid an accredited firm to examine my transcript, confirm it was equivalent to a 4 year US bachelors, and put that in a letter which was part of my application. Interview was at the consulate in Australia, no problems.

Later in life when I was working in the US and applied for a green card, my employers' (junior) lawyers took the view that the 3-year wouldn't suffice - the rules are either different, or being differently interpreted by a separate arm of the US government.

I had 5+ years of relevant work experience before my current company/role, which is considered just as good for the green card process, so we relied on that. Because that was a clearcut option, I didn't fully explore whether good lawyering could make the 3-year degree, and/or my several years of experience for my current employer in an evolving role, work.

Without my knowing all the details, it is highly likely that you would qualify for an E-3 visa easily and as an E-3 visa holder you could pursue green card status (despite what you might have read or heard to the contrary).

My experience on the credentials: You need a trusted 3rd party to certify that your degree is equivalent.

Your lawyer should be able to find the right certifier. e.g. https://www.naces.org

To be clear, the standard for obtaining an equivalency isn't hard to reach whether based on just experience or a combination of education and experience.

We’re a 5 person startup with a small amount of angel funding. One of our engineering interns is from China and we really want to convert her to full time.

What’s a good resource to learn about what that even requires, costs, and feasibility at our size?

Thanks for volunteering your time!

To be clear, do you want her employed full time in China or the U.S.? If the latter, this was complicated before the pandemic and has become even more complicated with the ban on travel from China and other countries. But, depending on the intern's background, the standard options are the H-1B, L-1, and the O-1 as well as the J-1 but the J-1 is for trainees and interns and is generally limited to 12 or 18 months. The USCIS and State Department websites actually provide pretty good - albeit general - descriptions of the work visa options.

Hi Peter.

With regards to the O-1 Visa, my understanding is that it's an art more than a science.

As a master of this art could you please provide resources on the O-1 visa and what are the must have?

Eg. Number of newspaper articles mentioning the founder and relevance of the publication?

I think it's a combination although oftentimes very straightforward particularly for scientists. For entrepreneurs/founders, it's more complicated but as a very general rule, press that mentions the founder by name and his her work and really anything public, such as publications, speaking engagements, presentations, etc. help. USCIS essentially is looking foe third-party/objective validation of an applicant's "extraordinary abilities."

Thanks for answering . Let's say I get interviewed by the press, and there is a mention of my publication in a journal .

Is that invalidated because the assumption is that I provided it during the interview vs. them doing third party verification and getting to my publication independently?

If that's the case is it better to have 2 separate articles, one mentioning the publication and the other being the interview?

Not at all and quite the contrary; mention of an article that you wrote in a publication gives credibility/weight to the article.

How much on average does it cost, in legal fees, to process a TN visa and an EB-2 Green Card application?

I've had two US employers now and both have promised to bring me down and then backed off because of costs (I'll be covering relocation).

If you are Canadian you don't really need a lawyer for a TN application. Just prepare your own supporting documents (including offer letter) and go to your nearest US land border. It's relatively straightforward, just be polite with the border agent, and if your application is valid you should have no problems.

I've represented myself twice and it was a smooth process.

I did offer to do that but they insist on using Fragomen.

$160.00 filling fee. $2500 for employer to speed up process.

Legal fees for both vary greatly but I've seen anywhere from $1500 to $5000 for a TN application/petition with $2000-$2500 the most common and $2500 to $10000 for an NIW petition with $5000-$7500 the most common.

The lawyer involved costs a lot more, and is likely what GP post is asking about.

(Separate question so another comment)

Peter, thanks for doing this!

What are your thoughts about what computing can do to positively affect the practice and integration of law into individuals and companies?

I know the legal space has always been a tough nut for software to crack. What is your opinion on why this is?

These are very general questions and I appreciate anything you can do to help me understand this space better.

For context, I’ve built software that helped to construct sections of disclaimers/disclosures from business logic. A very primitive approach and one that doesn’t really go deep, but I felt it had potential.

Lawyers - myself included - are generally technically challenged and averse to change. Whatever the technology is, for lawyers to adopt it, I think it must be incredibly easy to install and use and must show positive results clearly and immediately.

I am from Mexico and am currently employed on a TN visa, if my company intends to start working remotely, is it valid to keep working under this visa if i won't be physically living on the USA (i would live in Mexico, but maybe travel to US some days per year to US) or should i switch to another schema (like working as a contractor)?

Also, what about working for some months on USA and other months on Mexico? Does the visa allow this scenario or are there chances the custom agent get more inquisitive about these frequent trips?

The TN is irrelevant if you are living in Mexico. You can work for a US company without a TN visa or any type of work authorization if you are living in Mexico. Once you enter the US, however, you would need work authorization and your TN would remain valid for the limited intermittent employment that you describe. You might have some explaining to do when you travel to the US because of your absences but legally what you describe is fine.

Hey Peter,

Thank you so much for doing this. Much love ♥

From your understanding, do you think it would be possible for an international student in the U.S. on a F1 visa to apply for IEP and work on their start-up while doing school?

Thanks.

There is no prohibition on attending school while on an IEP but the individual's primary activity would need to in connection with the business, not the school.

Hey Peter, thank you for your time. I was wondering if you could comment on when we'll see some type of vote on the US Citizenship Act of 2021. Not looking for anything overly specific, but more along the lines of: before 2022, sometime in 2022, or never.

Additionally, your thoughts on the likelihood of TITLE III — REFORM OF THE IMMIGRANT VISA SYSTEM passing would be greatly appreciated. I am finishing up my PhD in STEM and that piece of legislation would make the immigration process for us infinitely easier.

My apologies but I just don't have a good sense of the passage of any major immigration legislation. I've been wrong so many times in past, expecting changes/compromises without anything significat happening.

Specific to the program, USCIS states on their site [0]:

> their stay in the United States would provide a significant public benefit through their business venture and that they merit a favorable exercise of discretion

Can you unpack this and explain what this means and how one can establish that this is the case?

[0] https://www.uscis.gov/humanitarian/humanitarian-parole/inter...

The question is whether this is presumed where the founder meets the basic requirements, that is, 10% ownership, active business operations, and $250k in investments from qualified US investors. We just don't know yet whether much more will need to be shown if these basic requirements. We'll et a much better sense of this in the coming months. That being said, I think, assuming the above requirements are met, that applications will be approved where the investments are from top tier investors or a top accelerator is somehow involved.

Hi Peter

Thanks for your AMA. I work for a startup and am planning to file EB1C. Here's my situation 1. I am currently manager at the startup in Canada. I will complete one year as a manager in June 2022. I will complete one year in Canada in Oct 2021. 2. My startup has an office in USA too

Here are my questions 1. Do I need to file L1A before EB1C? Can I file EB1C directly from Canada? 2. Do I need one year "managerial" experience outside of USA to be considered for EB1C/L1A?

Thanks CD

No; yes; and yes to the EB1C and no the L1A.

Hi Peter,

Thanks for your AMA. I work for one of the big tech and I am a European citizen. We just sent my I-485 forms to USCIS(I-140 approved in pp). According to USCIS, it will take anywhere from 13 to 16 months to get it approved. Per portability rules, I understand that I can switch companies to a similar job after 6 months of I485 pending. However, I have a desire to start my own business, what are my options? Would it be best to stay put until I485 is done?

It's possible to "port" your green card application to your own company - we've been involved in this many times - but USCIS scrutinizes these portability requests closely to make sure that the business is real and that there's real and sufficient work being done.

Thank you! I will be working with an immigration attorney when I decide to take the leap then!

Hi Peter, would you say getting funded by HN or another reputable investor is basically a guarantee for a "parole" under the EIPP, or is it too early to tell?

With the paragraph about spouses, do they mean that the spouse would have to show merit as in able to hold a good job in the US, or work for the same business? If the spouse can not demonstrate merit are they just not allowed to work or are they not allowed to stay in the US?

Regarding your first question, it's too early to tell but it's possible that participating in and receiving funding from a top tier accelerator might be enough. A dependent IEP spouse with work authorization would have unrestricted work authorization.

What can you be doing (and cannot be doing) on the side to prepare to run a startup full-time if you are on H1-B visa, waiting for an EB green card?

Hi Peter - thank you for this! I am from Mexico and working on STEM OPT on an expired F1 (can't travel), lost H1B lottery two years in a row now.

Are there good reasons for Mexicans on STEM OPT who intend to get a GC to keep entering H1B lottery, instead of getting a TN visa and attempting change of status? Are there other avenues?

Thank you!

There's a pervasive misunderstanding that someone in TN status cannot pursue a green card and must be in H-1B status to do. This is just not true.

You can technically apply for a green card but border guards can and do use it as evidence that you don’t intend to stay “temporarily” and deny your TN as a result.

They can reevaluate your TN status at every crossing, and there are many stories of this happening to people returning from holiday when I was at microsoft. The TN is efficient to get but has its downsides.

For anyone curious like I was, Trade NAFTA Visa

https://en.wikipedia.org/wiki/TN_status

That's correct so when pursuing a green card while in TN status, the applicant should only travel internationally after commencing the green card process on an advance parole travel document (not on a TN) or get his or her green card through a process abroad, called immigrant visa processing. An applicant for a green card in TN status should never seek admission in TN status if he or she is the beneficiary of a pending or approved I-140 petition unless he or she is immigrant visa processing and only then after consulting with an immigration attorney to understand the issues, process, and risks of doing so.

I need to sign off now. I will be back in about an hour. Great questions and comments by the way. Thank you!

Hi Peter thanks for doing this again.I am Mexican, I have been working remotely for a US company since December 1 2020 but hired through through the Mexican office.

My question is: is it possible to get a TN visa without a college degree? I need it because I need to move to the US when lock down ends.

It is but the TN occupations for those without a degree are very limited. Do you have any tertiary education and what do you do for the company? You also might qualify for an L-1 intracompany transferee visa once you have been employed by the Mexican company for one year.

The job I am doing now for this company is Software Engineer, I have a contract with them for a salary of ~120K usd per year but for that I need to be in the US, for now I have a contract with their Mexican office.

For my specific case I have completed my college courses but my college is very slow and it still will take me around 1 year to do all the paperwork, I only have "carta de pasante" now but not the degree. Is the "carta de pasante" worth anything to get the TN Visa or only the degree?

In my experience, only the actual degree will be accepted.

Hello Peter, thanks for doing this. Supposed someone has been on a J1 visa for last couple of years and had changed it from student scholar to research scholar (moving the 2 year timeline to 5 year timeline). In the midst of pandemic he/she had to move back to India to care for my parents and got my J1 expired.

Now can they go back to US on a J1 visa, is it possible ? Can they apply for H1b non exempt positions (those which aren't subjected to lottery) instead and if not. What would be the best course of action generally do to ensure they get some kind of working visa in US assuming they have B1/B2 visiting visa.

Thanks in advance.

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

See above. Perhaps edit your question to make it about the general laws?

Thanks Peter, here is a more generalized question. What would be the best course of action for somebody to get back on a J1 visa since its expired yet legally from what I understand since its on a 5 year cycle (research scholar).

Also if not how can they get a working visa in US ?

I also updated the above question to reflect the general gist of a situation that I would be grateful to receive some help for.

Thanks for modifying your question. Still, because this is very fact-specific, I would recommend that you discuss with me or another attorney.

Oh apologies! Can I ask for a small request in that case, can I send you an email with more details about the question and if you happend to be so kind, could you take a look and let me know if you could possibly help me?

I'd appreciate it terribly!

Thanks so much for doing this important public service.

Of course. That's fine.

Hi Peter, I am thinking of applying EB1A, however still wondering about the competitiveness of this VISA and IEPP, e.g. processing time, fee, acceptance rate, etc. Would you mind providing some of your thought? Thank you.

It's hard to compare in the abstract but an EB1A is highly subjective and discretionary and the standard that's been applied the past few years has been very whereas the EIP seems much more like a check the box type of application. The uncertainty regarding the processing time of IEP applications is the biggest negative, I think.

Thank you for your answer.

Hi Peter! Thank you so much for doing this. My wive is currently under L1 visa. On her passport visa, PED states "11/12/2022" but expiration date states "04/14/2021" (past due). On her form I-129S, it states that her visa validity date is until 11/12/2022. Her I-94 admit date says April 2024.

If she were to leave the US now, would she be allowed to cross the border again using her L1-B visa before 11/12/2022? Or would she need to renew her visa? Thank you

I have a Computer Science PhD and am an EU national. I would like to work in the US but am worried about being tied to a specific employer on a visa, but I don’t understand if this is just something I would have to accept. Is there a resource you can recommend that would clearly explain the options available to me? Additionally I don’t understand whether I would be subject to a lottery or whether with a PhD it is almost a sure thing to be able to get a work visa. Thank you so much.

You likely would qualify for an O-1 which is not subject to a lottery. You would be subject to a lottery for an H-1B unless the H-1B would be to work for a non-profit entity engaged in basic research or another cap exempt entity. There are visas that allow for self employment or at least employment with a company created by the foreign national (O-1 sort of, E-1 and E-2, and IEPP) but oftentimes the path to "free agency" is through the green card process - which under certain circumstances can be applied for without company sponsorship - and with a PhD you likely would be able to apply for a green card on your own.

Thank you so much!

Hi Peter, for visas for YC Founders. Have you heard about passright? or do you recommend working with a lawyer directly? Interested in O1 or IEPP. (but open to other options)

Unfortunately, I have heard about it but I don't know much about it. Both O-1 and IEP could be good options. There are pros and cons to each. Relatively speaking, the O-1 is more subjective/discretionary but premium processing is available while the IEP seems like a more "check the box" type of application and spouses can get work authorization but the turnaround time is completely unknown.

Hey Peter! I'm a Panamanian software engineer working remotely for a software development firm based in SF.

I'd like to move to the US, but I don't want my visa to be linked to my current job. I'm looking for a merit-based/skill-based visa of some sort, so that my geographic location isn't tied to any company.

Is there anything that comes to mind? Any reading to recommend?

Thanks for doing this.

How common is it for application processing to be outside of the published processing times? I have been waiting on an I-131 since January so that I can finally leave the country to see family while my (marital) green card is processing, but I’ve seen no movement and I’m wondering if I should be worried (it’s outside of the National Benefits Center’s posted 3-5 months). I submitted a case inquiry but have not heard back yet.

Very common unfortunately and right now I-131 applications based on marriage-based green card applications typically are taking at least 8 months.

My wife and I applied for her green card in September of last year and so far she has only completed finger printing. Insane

Thanks. Is there any way to expedite this? My wife and I have planned an in-person wedding ceremony in Canada for our families based on the posted waiting times so it would be very unfortunate if I couldn’t go. (We legally got married in a virtual ceremony last June)

If it helps, I initially applied in October and it was rejected due to a USCIS error. It looks like one of the ways to expedite is if USCIS made an error that caused a delay?

That's right, sometimes where clear USCIS error is involved, USCIS will expedite the processing of an I-131.

That's good to know. Is it something I should get a lawyer for, or is it fairly straightforward to submit one?

I don't think you need a lawyer for this. Just make sure to be clear about what happened.

Hi Robert! Is it true that if I launch my i-485 application before receiving fully my OPT EAD, there is a risk that my OPT EAD will get denied (immigrant vs non immigrant intentions)? I want to get my OPT EAD as current delays for I485 EADs are around 7 months and I would need to start working before that. But I also need to launch the I-485 ASAP for my partner! Thank you

Hi Peter,

I'm the CEO of my startup. It's based out of Canada. We're doing about $8K per month from our clients in the US (for the last 1.5 years).

I would like to move to the USA. Is the best option an E-1 visa (Treaty Traders Visa). E-2 Visa wouldn't work because I over $100K at risk in the US.

Would you recommend I search out for legal council and have them take care of the paperwork or is it straight forward enough where I can do it myself?

I definitely would recommend consulting with an attorney to determine the best path and then depending on the path, you may or may not need an attorney to execute. It's hard to tell based on your description but the likely options are the E-2 (or E-1 if the company is involved in trade between the U.S. and Canada), the O-1, and the L-1.

Thanks for doing this. I have a green card and have been out of the country for a few years doing a PhD. I’ve been getting reentry permits during that time. Due to corona and having a baby I haven’t been able to return to the US to apply for a new reentry permit and it’s now expired.

How should I handle that, especially when crossing the border? Have they relaxed the rules due to corona?

Yes, USCIS, CBP, and the State Department have been much more lenient when it comes to long absences because of the pandemic. Your approach - whether you just show up and explain why you were absent for so long or apply for something called a returning resident visa at a US Consulate - will depend on a number of factors including whether you are now moving back to the US or just coming temporarily, how long you have been outside the US, and when your reentry permit expired, among others.

Hi Peter, thanks for dropping by!

Quick question: what if my start-up focus on psychedelic research [1]? Will I run into problem with immigration? (Considering that substances like psilocybin is still schedule one)

Or what if my start-up is not about psychedelics but I have written & published books/papers on psychedelic? What about just blog posts?

[1] say similar to ATAI (founded in 2018) that went ipo yesterday

I don't think either should cause a problem. Manufacturing or distribution would be different.

oh thanks! That’s great to know!

In a remote-work world, why ever launch a startup in the US / Canada? Why not launch in a tax-free zone, like Dubai?

Better access to funding, networking, bigger talent pool, access to some sort of "water-cooling" conversations if you are the social type who loves to mingle. But it is true that the world is getting smaller. Even as an employee, for many places getting a 50% of what you'd earn in the US without having to move there could be worthwhile.

Compliance. If you're building a SaaS startup then it's very important to have physical presence in the US

Could you expand on this. Is this only for government-based contracts?

It's kind of a spillover effect where your customers need to meet compliance requirements from other customers such as US presence (not limited to US government btw - mostly around data handling requirements by Infosec teams). Thus as a service providers you are subject to these restrictions as well.

Another example, I know cases where you cannot run your service on AWS because the customers have a blanket ban on AWS - for competitive reasons.

Thanks. Will try to investigate more about this "spillover" effect.

Thank you so much for sharing your time with immigrants - hopefully there are more clear skies going forward for us.

I'm currently looking at expediting my EAD (spousal) by means of a job offer. I've done a good amount of research, but would love to know if you've seen anything improve the odds of EAD expedite.

Have a great weekend!

It really depends on what you would be doing since most people need the O-1 to work so that alone can't be the basis to expedite. I've seen expedite requests for teachers and government workers get approved as well as those involved in vaccine development and COVID treatment. But the vast majority of expedite requests are denied unfortunately.

Thanks Peter for doing this.

I had my PERM and I-140 approved in 2017 but haven't filed my I-485 yet. Visa (H1B) and sponsoring employer are still the same as on the the I-140. Priority date on I-140 is in 2017.

I am about to file I-485. Is there any issue that may arise during I-485 processing from the delay between I-140 and I-485?

Thanks so much

The only issue would be if you've changed jobs or job locations and the new job is not an inline promotion but really a new position altogether. But the gap in and of itself is not a problem.

As a developer from a run-of-the-mill Latin-Country (No special job agreements a la Mexico/Chile) what would be my best chance to get a visa-sponsored job? Work as a local in my country and bid my time for a L1 opportunity? Anything else without resorting to the H1B grind-mill?

The L-1 is an option or an E-1 or E-2 if you are from a country with a treaty of commerce and trade with the US. And if you want to work for your own company, the IEPP and possibly the O-1 would be options.

Thanks a lot for your time Mr Roberts.

hi Peter. I'm a Brazilian junior cloud architect that's on his early career and would like to in the near future(~8 to 12 months) work on startups in other countries like Canada and Netherlands. how should proceed to be fully prepared for that kind of work and migration?

I can't comment on the Netherlands but for the US, just continue to do great work and continue to develop your skills and whenever possible participate in things public, that is, present/speak at conferences and other events, participate in or serve as a judge at hackathons and other competitions (such as Kaggle for example), write articles, and participate in open source communities and initiatives.

Hi, the company I work at in the Netherlands regularly hires Brazilians (also juniors) for cloud projects! And they fly over here and get settled and everything. Is there any way to connect (if you're interested)? They even facilitate the whole visa process and everything.

IMHO - certifications are the best way to prepare for career mobility. Follow your interests there, as there are lots of options and paths to take.

Shameless plug: Contact info@tidalmigrations.com to discuss options.

I have a masters admit for Fall 2021 and am applying for an F1 visa. However there are very few interview slots being opened in India right now and the consulates are rejecting emergency appointments without any reason. Is there anything we can do to secure an interview?

This is a real problem right now and not just in India but in most countries around the world. You could ask a Congressional office in the area where the school is located to make an inquiry or you could even ask the school to make an inquiry. I've had clients report to me that their schools have done this. What would you be studying?

Masters in Intelligent Systems Engineering at Indiana University

Again, this is just a tough issue because there are so many people in the same position but given the field possibly argue that this field is critical to technical infrastructure development in the US and the US economy as a whole.

Hi Peter, thanks for doing this.

What would be the best visa for a PhD holder (got PhD from a US institution) living in US who wants to start a startup? The person is currently in H-1B with an employer and his green card under EB2-NIW is under process.

Either the O-1 or the IEPP (or an E-2 if he or she is from a country with a treaty of commerce and trade with the US). Also, an H-1B could work but really only where there are other founders such that this person's ownership interest would be less than 50% and no higher than any other founder/owner.

If you don't have a green card, can you do any writing for pay (assuming this is not your main job) - e.g. would receiving [possibly small amounts of] money from a site for a short story violate terms of visa?

It would unfortunately.

Simple question: Canadian interested in working for American companies. Do I need to get pre approval to work via some permit, or does an employer handle it after getting hired? Is it a lottery for the permit?

You need a job offer and can't start working for the company in the US until you have obtained work authorization. Often the best option for Canadians is the TN and broadly there are two paths, applying in advance with USCIS and then raveling to this with this approval notice or applying as you are traveling to the US with CBP at a Canadian airport, at the US-Canada or US-Mexico border, at a CBP office at US airport if traveling to the US from a country other than Canada.

Hey Peter, I have an approved I-140 with an old employer. I am switching jobs to a new employer. If my priority date becomes current, could I switch back to an old employer, and get a green card?

Hi Peter,

what restrictions common tech worker visa types (H1B, L1B) place on employee location in the US? Specifically, do they allow remote work (office location in state A, visa worker working remotely in state B)?

Yes, remote employment is allowed for all visas but it generally needs to be disclosed as part of the application and changes from office to remote employment can trigger the need to file new or amended applications.

Hi Peter, How is your or your client's experience with E3 visas?

It's the best visa out there, it really is, particularly since the application can be made directly with a Consulate.

Thanks for your time. Do you see any political movement one way or the other for opening up H1B quotas or otherwise making that process more likely to succeed in the next couple of years?

That's a great question. I don't know if the political numbers are there but this is definitely something that is being pushed.

Hi Peter,

I am a Canadian citizen with a diploma in Computer Programming and 3 years of experience as a Programmer Analyst. Will I be eligible to get a TN Visa to work in the US as Software Engineer?

Is the diploma for a 4-year bachelor's degree program? If so, then yes; if not, then you would be limited to the occupations of Computer Systems Analyst and Scientific Technician/Technologist and Management Consultant once you have 5 years of experience.

Hi peter, I have an early stage (corp I havent renewed this year) What steps would I take for obtaining an h1b for a employee if they were deported? Any approaches appreciated!

It really depends on the basis of the deportation and whether the employee requires a waiver and would qualify for one.

Peter, our startup is incorporated in Delaware and based in NY. What’s your take on offering equity to foreign employees hired via remote.com or similar? Is it a legal headache?

Legally, you can employee foreign nationals based abroad as direct employees without US work authorization or SSNs but my clients always tell me that it's a complex and messy process both from a logistical and tax standpoint.

Just to put a number on that, my employer only allows foreign remote workers to be hired indirectly through a third-party staffing company, to avoid legal or tax issues associated with having direct employees in another country. The staffing company charges a fee of 40% (!) of the fully loaded compensation for this service. The fact that we're willing to pay that suggests to me that it isn't trivial to do in-house (or we're being very risk-averse, which is also possible).

On the plus side, this does mean that hiring a remote worker based in a foreign country can be solved with "just money", which is not true of U.S. immigration. If you want the problems to go away, you pay a staffing company 1.4x the compensation you want to pay the person, and the staffing company makes it happen.

I'm a current YC founder. Looking to apply for either the O1 or IEPP. Is there even a rough sense of the timeline for IEPP? Can I apply for both while on the visa waiver?

You definitely can pursue both options at the same time and while here on the visa waiver but unfortunately there's no sense yet of the processing time for IEPP applications.

I Have a B2 visa, could I visit the US for a few months, get a job and apply for a different type of visa? And if so, how? Would be in the tech industry ofc.

Yes, it's possible to change status from B-2 to a work status but your intent at the time of entry must be for pleasure and not for work. The sponsoring company would file a work petition for you with USCIS. But of course you must should determine whether you would even qualify for a work visa.

Hi Peter, this might not be directly from your ballpark, but perhaps you have thoughts on this.

I wonder what is your recent experience on SaaS businesses and tax liability? With recent changes across the globe, SaaS companies are responsible for emitting sales taxes in the country of the customer.

Do early-stage startups try to handle this on their own (using specialized accountants) and services like TaxJar, or do you see a movement to use Merchant of Record providers, who handle all taxation on the SaaS' behalf (like paddle.com)?

What are the potential liabilities for neglecting these issues for too long?

Unfortunately this is outside my area although they appear to be important issues.

Hi Peter,

If the S386 bill passes. Can I apply change of status 2 years after my I-140 approval date? Even if I no longer work with the company that sponsored my I-140.

Thank you.

Under the current law, if it is a company-sponsored PERM-based I-140 petition (as opposed to a self-sponsored I-140 petition), no. Unfortunately, I believe -but I'm not certain - that this still would be true under the proposed legislation.

Hello Peter, thank you for offering this space. Is it possible to get a work permit in the US as a self employed? What are the steps? Are there limitations?

Thank you

The O-1 visa sort of allows for this in certain circumstances and the E-1 and E-2 as well as the IEPP definitely do - at least to the extent that a founder would get paid by his or her own company.

Hey Peter, after a deportation for visa overstay on B-2 (6 months allowed-canada, 3 months over) - is there any recourse? Does I-212 ever work?

Yes, 212 often works particularly after a lapse of some time.

Thank you Peter.

Hi Peter,

What's the straightest path to the US for a tech worker?

It depends on the strength of the worker's background, his or her country of citizenship, etc., but, assuming that the worker is not from a country with its own work visa (Australia, Canada, Chile, Mexico, and Singapore), then an L-1 intracompany transferee visa is often the fastest but where this doesn't apply, then the O-1 (which also isn't subject to an annual lottery), the E-1 and E-2 (which also isn't subject to an annual lottery), and the H-1B.

Hi Peter, For IEPP program, should be file by the employer? Does international indepedent consulting apply for the startup?

The application is filed by the entrepreneur/founder. And there's no restriction on the type of business but USCIS must believe that the business is going to employ US workers over time and isn't just for the employment of the entrepreneur/founder.

Can I go from OPT to EB-2/EB-3 as a Software Engineer? How plausible is this? What kind of work do I need to be doing?

This will depend on whether you have any professional work experience and whether your degree is a bachelor's degree or higher.

Hi Peter! How can one start a business while on H1B and later is there any option to convert to a new visa?

It's doable but complicated because of course you can't work for another company unless you are work authorized to do so. This a very fact-specific analysis so you will need to speak with someone but a significant part of the analysis is where the company is in its evolution, just an idea, incorporated, funded, clients, product, etc.?

If I have an expired visa stamp, is going to a consulate outside the US the only option for an extension?

Yes. And even with renewal by mail, you must be in the country where you are renewing your visa.

Hi Peter. How can one start a business on H1B? Is there any option to convert to a different visa later?

See response above.

I am in H1B visa.Can I invest in a company as Board of Directors and use that to apply for GC?

I'm not sure that I understand the question. Do you mean investing in a company and serving on the board of that company?

Hey Peter, I am an international student in US. How can I create my own startup on F-1 visa?

This is a long and nuanced conversation and really impossible to convey in writing because while it's possible to do this, your activities associated with your startup would be limited.

What's the best secondary reference for immigration stuff in Westlaw or Lexis?

If I understand your question correctly, Ira Kurzban's book on US immigration is a great and easy to use book.

Yeah, I'm a law student and I like to read treatises and practice guides cause I have free Westlaw and Lexis.

To all the founders (and others who might become founders) hoping to move to the US — please don’t let the Trump administration’s rhetoric on immigration dissuade you from relocating. We need your talent. Your companies help spur economic growth.

Agreed! And I think the IEPP will make a huge difference.

Hey Peter,

D you happen to know how long the processing time for IEPP might be?

That's the big unknown. No doubt USCIS will be flooded with applications in the coming months and hopefully sufficient resources have been or will be allocated to their processing. But this just a wait and see right now.

Are EU citizens employable in the US?

Do NATO agreements give some sort of visa?

Why downvote a question like this? Is the thread solely for US citizens?

EU citizens have no special US visa options. Only citizens of a handful of countries have their own visas (Australia, Canada, Chile, Mexico, and Singapore). Everyone else is in the same boat.

Hi Peter,

Thank you for taking time to do this.

Can I get a gun on O1 visa while working in SF?

Thank you!

Unfortunately, I'm not familiar with the requirements for purchasing guns but as far as I know, there's no federal law that prohibits foreign nationals from owning a gun.

Hi Peter! Do we think we'll see a significant H-1B reform in the next 2 years? Are you optimistic with the Biden administration?

I hope so and I think the Biden Administration would liek to make significant changes to entire immigration system but because immigration is such a political and divisive issue and often crosses party lines, I think the changes will just be incremental and limited.

Peter does a thread here every few months. So I want to share a cautionary tale about Immigration lawyers in general and Peter in particular.

I had extensive immigration experience in US, where I did many filings. Worked with many different immigration lawyers.

In that end with your immigration you are dealing less with the law aspects and more with the paperwork filling which is more clerical work.

Things that I realized:

There are three types of lawyers:

1. With big firms like Berry Appleman, Fragomen etc. Very conservative in their opinion. Will not be responsive. Have good portals to enter information to help with your application.

2. Single lawyer operation like Peter Roberts: Very aggressive. Will give advice not really inline with the law. Very disorganized so you will spend a lot of time filling documents. Will make many mistakes.

3. 4-5 lawyer firms: These are the best in my opinion. They will pay more attention, have more experience and have decent process.

Issues with immigration filings:

When things are clear and you keep getting approved - things are great.

However as soon as things get complicated and you get rejections - now it will have negative impact not only on your future filings in US but also other countries. Many countries ask in their immigration application if you ever get rejected in any Visa application. Five Eye countries share all the non immigration paperwork with each other.

Issues with Peter:

He was a mix of Snake oil salesman and Fly by night operator.

He would consistently give advice which was very hackish. That works when you are trying out ideas for your business, but can have major consequences when you are dealing with the government. His advice was not in the letter and spirit of the law. He completely messed up my otherwise stellar immigration situation. I later checked his advice with multiple immigration lawyers and every single one of them said that Peter was wrong!

But the worst thing was that as soon as my application was rejected, he stopped all communications with me. He wouldn't reply to my email and stopped returning my calls. I had to find some other lawyer to clear the mess. It hurt a lot more, because I was in a very vulnerable situation in my personal life and Peter knew that!

I also know others who have bad experience with him. People probably don't speak out due to fear and not wanting to rock the boat!

My advice to all founders: Be careful when you deal with immigration filings. Find someone competent and professional!

Speaking generally: People need to remember that there are two or more sides to every story. It's impossible to evaluate any of this accurately in the context of an internet thread, and since it's a no-win situation for the person or organization being accused, there's no way for the full picture to emerge.

Speaking specifically: Peter handled my personal case with consummate professionalism and effectiveness, and I've heard many YC startups speak highly of what he's been able to do for them. YC has a long track record of helping non-US startups extremely effectively with their immigration challenges, and Peter has been a big part of that for something like 6 or 7 years. Given that track record, your story sounds particularly one-sided to me, although certainly no one bats 100 and I'm sorry that you had a negative experience.

I find it hard to believe that he would "give advice not really inline with the law"—that's a charge of professional misconduct and would be a bombshell if true. Internet comments, on the other hand, are cheap and make it easy to gunsling. Readers love drama and everyone loves an underdog, which is a vulnerability routinely exploited by disgruntled commenters. It's not easy for the other side to defend themselves (let alone answer name-calling like "snake-oil salesman"); and it's basically impossible for anybody else to tell what actually happened. You describe your immigration situation as "stellar"; whether an objective observer would agree with that is something the rest of us can only be agnostic about.

I agree that this story is one sided. If I wanted a closure with Peter, it would be in some kind of legal setting. But I have moved on.

I just want to use this opportunity to let fellow entrepreneurs realize the importance of picking the right immigration legal help and to not letting things get messed up on the government front

Many people on this thread are thinking of getting some kind of immigration status in US but either are outside US or are within US on H1/L1.

In hindsight I wish I had never applied for a US Green Card. My immigration situation has complications largely because Peter's bad advice.

The worst part was when he stopped responding as soon as he realized that he has screwed up my situation beyond repair. I was in a particular vulnerable situation on the personal front at that time, so it made it even worse.

If you look at my past threads, I am in a much better situation now. As I said, my sole reason of these posts is to help others not get into a bad situation like I did.

I didn't realize until now that you are an immigrant, but this actually makes a lot of sense. You seem to consistently delete comments that show any hint of sympathy for the American worker. And more broadly speaking, you seem to moderate any comment or content that doesn't tow the liberal party line. Canadians can really be the worst sometimes, and it is shame that you were able to weasel your way into this position that has a lot of power. Hopefully 4chan is right, and the day of the rake is near.

Sorry, but I'm pretty sure I don't "consistently delete comments that show any hint of sympathy for the American worker". You needn't take my word for it though: https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...

The significant word in your comment (besides "weasel", which was a good one) is "seem". These perceptions are notoriously, hopelessly, even absolutely conditioned by the political passions of the perceiver. It's quite remarkable; I would not have believed that any social phenomenon could be so mechanically consistent as this one turns out to be.

https://news.ycombinator.com/item?id=26148870

https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...

Thank you for the links. Is there a way to see what comments/users have been shadowbanned?

I work in the immigration industry. Not as a lawyer, but I own a business that is used extensively by both large and small immigration firms (ImmiTranslate).

I will say that some of your characterizations are accurate, and others are not. I've not worked with Peter before so I won't comment on him specifically, but your assertions about law vs. clerical work is spot on. I will add my own input as well.

Immigration attorneys in the US are similar to hacking groups, minus the illegality. Good hackers have their own 0day exploits. Good attorneys have their own techniques for obtaining legal status in the US. Dealing with USCIS/ICE/EOIR/State is akin to bureaucratic hacking. Anticipating what the Government agencies want to see and hear in your petition is their exploit. Finding the appropriate supplementary evidence is their payload.

I don't think your assertion of solo attys vs medium sized firms is accurate. In my experience, solo immigration attorneys focus on the easy to win cases (like K-1 visas and AOS). This segment of the market is diminishing because of the fact that it _is_ mostly clerical work.

Likewise, the big firms are simply too big and expensive to want to approach one-off cases. They deal with the FAANGs and Fortune 500 companies.

For those reading this, consider that everyone has exceptionally complex circumstances that surround their immigration status and legal options here in the US. Obviously Peter cannot comment on it and OP has not shared that much information.

Most people on this forum are asking about potentially EB-1, O1, E2, Entrepreneurship parole etc. These applications can get very complicated.

If it was a simple H1 application I think most solo practitioners would be fine.

I stand by my comment that you are better off with a mid size (4-10 lawyers) firm for more complicated cases.

Bigger firms are too bureaucratic and they want to make money with bulk H1 and L1 from bigger corps.

Single lawyer setups don't have strong processes and enough variety of expertise. Given that they are solo practitioners, there will be less checks and balances if the sole owner is giving bad or illegal advice.

In a 4-5 lawyer setup, everyone's skin is in the game. They are less likely to sell you snake oil.

In my case money was not an issue. Unfortunately I ended up choosing Peter because of YC's credibility ( he said that he is a YC advisor and their sole recommendation for immigration lawyers).

Many people here might wrongly believe that Peter is somehow a part of YC. So felt it might be a good idea to post my experience here!

> Dealing with USCIS/ICE/EOIR/State is akin to bureaucratic hacking. Anticipating what the Government agencies want to see and hear in your petition is their exploit.

Unfortunately this is very true of many other areas of the government. Reading through all of the paperwork and possessing all of the practical skills was insufficient for me to get approval to build a cabin. I couldn't figure out how to get anything past them. A couple of well-connected friends chimed in and boom - I got my permit.

This is a great insight. Thank you!

Most of the immigration process is simple paperwork as far as I can tell. Certainly simpler than filing US taxes. But as you note it is all in the details, and a good lawyer will know how to ensure applications are successful (and will tell you if you are unlikely to be successful).

Can you be more specific? What advice did he give you that was wrong? Was there any reason he stopped communication other than the application being rejected?

> Peter Roberts: Very aggressive. Will give advice not really inline with the law.

Wow that seems like an extraordinarily strong and serious professional accusation to make.

The review of the author's experience with Peter is a much stronger accusation, really. Did you read the post to the end?

Not answering emails strikes me as a weaker charge than professional misconduct, but the more important point is that no internet comment should count as a "strong" accusation, unless by "strong" you mean "intense". Such comments are always—basically without exception, in my experience—carefully crafted to leave out any detail that would reveal the other side of the story. We all know how dramatically different the story appears when such details trickle out later, as occasionally they do; and we all know how by then, the dramafest spotlight has usually moved on.

> The review of the author's experience with Peter is a much stronger accusation, really.

That's what I'm referring to. What did you think I was referring to?

> Did you read the post to the end?

Please don't accuse people of not reading things.

If true he should be praised for coming forward. I had six immigration lawyers that were totally screwing things up. At some point when doing first time meetup of a new lawyer I wanted to hire, I embarrassed him knowing more about basic Immigration laws that he did!

Majority of lawyers really dont care. They run a caging operation. If you call their office and you are not client, you will speak with head of the food chain, many times owner himself. One you get signed in, bye bye! Thats usually last time you hear from him/her - from now on you dealing with assistants. And immigration laws not only change often, but the USCIS will not comply with their own laws on many occasion. I dealt with enough government on average to tell you Immigration is sort of different because they serve aliens that have less rights than US citizens. For example IRS will treat you more seriously because on average 99% of their “clients” are USC, capable of calling their representative and stirring the pot. Average USCIS “client” is usally less powerful foreign citizen with maybe $500 savings. I was lucky to immigrate with nice saving cushion and took USCIS all the way to BIA (Board of Immigration) and basically embarrassed the whole local USCIS office, where BIA wrote completely shredding response, pointing out USCIS abuse of authority, lack of professionalism, and outright rudeness. In fact, even though my lawyer screw up so bad that there was no choice than actually start all over (with less chances of approval since now I have this spoiled milk spilled all over my alien number), the BIA went out of their way and told local office you will do X,Y,Z and if no issues arise you will approve this file. Something that's typically unheard of. Dealing with USCIS for 12 years to the cost of close to $100,000 I probably should have wrote a book by now. But its much worse than you can imagine, I can tell you this much.

Bottom line: get yourself local lawyer, small office type lawyer, preferably that worked in gov before. Believe me or not, when it comes to USCIS, its all about who you know. My last screwup was trying to get an update on the file (typical stalling technique is for USCIS to neither approve you nor deny, so you are in limbo for as long as YOU have the guts, time, energy AND money to continue "harassing" them for what's your right per INA) for close to two years.. meanwhile I went to this lawyer that used to work for the immigration office himself, and during our 30 minute call, he already emailed his buddy at USCIS and got back the ANSWER other lawyers couldn't get for years (!!).

If true, there are many better ways to deal with this than play forum hero. Law is a regulated profession and comments like this are almost invariably complete fucking bullshit.

There are things called Law Societies or Bar Associations that are built to accept and investigate these types of complaints. That's the nature of regulated professions - there are places to complain and investigate.

Do I want others to benefit from my experience? Yes

Do I want to help fellow entrepreneurs avoid negative immigration consequences? Yes

Do I want Peter to lose his law license or get sanctioned? No. Even though I have specific proof which could get him at least sanctioned.

Do I care whether more or less business goes to Peter? Also no

His actions turned my life upside down. It took me years to fix things. Abandoning me after rejection was worse. He talked to me the day before rejection in a very positive discussion. After the rejection he didn't reply to any email nor returned any call. His paralegal kept responding to me.

I am not trying to be vindictive here.

I am just trying to help fellow entrepreneurs. I went with Peter based on his AMA. It ended up being a huge mistake in my case. Hope others can use my experience as a data point to do further due diligence!

https://en.wikipedia.org/wiki/Internet_forum

Hi bootstrapper101, My friend showed me this thread and just serendipitously I saw this post by you. Is there anywhere I can dm you to dig deeper? I happened to be evaluating this firm and am concerned.

Even if you assume everything I said about Peter at face value, in the end it is just an anecdote. I know quite a few people who had a great experience with him. So make your own judgement call!

In my immigration journey, I worked with 8 different law firms for various applications, including big ones like Berry Appleman, Fragomen. So I have good experience dealing with lawyers across the spectrum.

If you have a straight forward case, almost any competent lawyer can do a good job. Maybe even Peter might work out for you. For a simple case, I would recommend working with a well recommended local lawyer. Because there are quite a few filings which need wet signature. It will logistically save you time, money and headache of not needing to Fedex things again and again.

If you have a complicated case, I would stay away from solo practitioners and instead choose a mid size firm.

A good place to start looking for good firms is US News national ranking for Immigration lawyers: https://bestlawfirms.usnews.com/search.aspx?practice_area_id...

Out of all the firms that I worked with, I liked Wolfsdorf Rosenthal LLP (https://wolfsdorf.com/) best. They are also Tier 1 in US News ranking. Though they have grown in size since I worked with them.

Talk to multiple firms, do your own due diligence. If someone isn't responding well and doesn't appreciate your business, while you are evaluating firms, it will be much worse after you have signed up!

Let’s see if I understand this. Correct me if I’m wrong!

There’s a highly trained and qualified professional willing to take six hours out of their Saturday to help, for free. You chose this time to be an asshole.

There are two sides to every story but at this point, if you told me the sky was blue, I’d ask for a citation.

Edit - Hey Peter, these AMAs always help me one hell of a lot. You’re loved. I hope you hear that constantly.

Yes it is great that Peter gives his time here but don't imagine this is for charity. Being on a forum like this (with hundreds of potential clients) is a great way to grow his business.

I had the misfortune of using a bad immigration lawyer (along with a group of colleagues) to do a company sponsored Green Card application. The lawyer wasted 2 years through incorrect paperwork and poor communication before we fired them and restarted from scratch with different (and great) lawyer. When you are working on a 6 year H1B visa the clock is constantly ticking to get Green Card paperwork correctly filed and through the system.

I have no comment on Peter's professional abilities or how he runs his company, but calling someone who had a bad experience an a*hole is very harsh. The poster took the time to issue a warning based on their personal experience, immigration issues can totally derail someones life so having the right lawyer is critical.

No, they’re an asshole and I'll happily stand by that.

You see, there are things called Law Societies or Bar Associations that are built to accept and investigate these types of complaints. That's the nature of regulated professions - there are places to complain and investigate. They take complaints like this very seriously and investigate them with almost unlimited power.

Public attacks like this are a sign that either the commenter doesn't have a clue how to deal with problems like this in a more professional way. Or the commenter does know, failed to make a case and has an axe to grind.

Well, sole reason Peter is doing this is to get more business.

My post has two parts. First part was tips related to choosing a firm and knowing what is at stake if things go wrong.

Second part specifically about my experience with Peter. It's an anecdote on internet. Take it for what you might.

I agree that I started the name calling for Peter which was the best characterization of my personal experience with him. You name called me where you had no idea about what really happened with me and how Peter actions completely turned my life upside down. Might be good to reflect on your own actions!

So all single-lawyer operations “will make many mistakes”? Seems like a broad accusation

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