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

224 pointsproberts298 comments

I'll be here for the next 4-5 hours and then again for anther 2 hours. I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons since I won't have access to all the facts and documents. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!

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Hi Peter! You did my E3 visa a while back. When I was standing in line at the US consulate in Sydney, the person in front of me was really nervous, visibly shaking. I saw that their papers had your letterhead, so I was able to calm them down a bit by showing them my papers, which also had your letterhead.

Thanks for all your hard work!

Quite a coincidence. Thanks for your help!

Hi Peter,

Could you shed some light about what kind of profile could apply for (and get) an O1 visa? Specifically, if I have a tech company set up in the US that's pulling some decent revenue, is it worth applying for an O1? What other circumstances come into play against/in favor of this?

I've seen a lot of advisors and "influencers" all over the web saying that it's "easy". I don't think that's the case because nothing in US immigration is easy, unless your net worth is like 9 figures, maybe; but if it's not that far-fetched I may consider applying for one.

Alternatively, could one sponsor its own H1B visa? I guess the actual underlying question is: if I'm an entrepreneur with a real, solid company based in the US (but I'm not in the US and not a US citizen), what is the best way for me to move there and keep working at my company?

I wouldn't characterize an O-1 as easy but it's often within reach of talented professionals, particularly founders. At the end of the day, the issue is less about the quality of the evidence - although that matters - and more about the existence of evidence that checks at least 3 boxes/criteria. And now, with the recent public announcements from the Administration, O-1 petitions with an AI component have an even greater chance of approval.

Thank you, I'll definitely give it a shot.

Bonus question on O-1: what do you think are the easiest boxes to check for a talented professionals in AI? High salary and critical capacity for established organizations are a given, but what else?

Hi, yes those two, for sure. And certainly add "original contributions of major significance." AI specialties are generating "original contributions" thick and fast right now for engineers and data specialists.

"Original contributions" is the foundational category for a tech or engineering case anyway. And trending specialties like AI are well-placed to develop solid evidence in this category.

I'd also add the publications and judging categories. These are easy-win categories that are evaluated with a more lenient standard than the other 6. They're also a great way to attract "sustained acclaim" by building a reputation as a thought leader in your field.

Note that the "field of endeavor" for these 2 categories in private-industry cases is industry publications, presentations, podcasts, broadcasts, and events, NOT academic publications or citation counts. (All these industry activities "count" as publications.)

Hi. I'm a colleague of Peter's who specializes in O-1 / EB-1A cases. I have a special interest in tech and engineering. Peter's nailed it here as usual. The key to "extraordinary ability" is to collect and present high-quality evidence, tailored to fit within the 8 rigid, archaic categories that qualify you for O-1 / EB-1A. That's much more important than being a "genius."

This sounds painful (and it can be), but it's also liberating. Knowing that USCIS is looking for exacting compliance with the checklist, means that you can give them lots of what they want: Exacting compliance with the checklist!

Based on the information you've given here, it sounds like you could be quite close to qualifying for an O-1. It's become a fairly standard route for non-US founders. It's a great option, much better than H-1B for almost all use cases.

I have gotten two O1's and then the greencard version (EB2). It isn't easy in the "not a lot of work" sense, it's easy in the "not random" sense. If you put in the work (that also helps your career), tick off the required boxes, and present the evidence correctly, you will get the visa.

But yes an O1 takes a shitload of work.

Exactly the same situation here. Agree 100%.

I think gc equivalent for o-1 would be eb1. I got eb2 with just a masters degree

Hi, huge Swizec fan here. I've been following your extraordinary-ability story since 2016. It's an amazing, inspirational, funny saga about the work and perseverance required to get this done. Hope it's OK to share these here:

https://swizec.com/blog/how-i-got-a-visa-normally-reserved-f...

https://swizec.com/blog/sponsored-genius-visa/swizec/8612

https://swizec.com/blog/how-i-used-indie-hacking-to-sponsor-...

Congratulations to you, sir. This is how you do it. Thanks for sharing your epic journey! I'm glad it paid off.

How about a blockchain founder?

Yes, certainly. Same requirements as other industries and occupations. And the same challenges: Fitting your 2023 accomplishments into the rigid required elements of the 1991 USCIS categories.

One especially helpful force multiplier here, would be to practice writing out a simple one-page description of your industry and your job. Like a little elevator pitch, that's easily grasped in a minute or two, by a time-pressed layperson USCIS examiner. You're basically explaining blockchain at a 9th-grade reading level.

This is hard! It can take a lot of iterations and analogies. But it adds a ton of value, when the examiner can grasp right up front what you do and why you're special.

Addendum: This "1-page elevator speech," specifically voiced for your USCIS examiner, can pay handsome dividends for any complex specialty, in the form of a quick O-1 / EB-1A approval. Not just blockchain, but crypto, all AI and ML specialties, platform integration, big databases, programming languages, data science, anything that requires effort to explain to a layperson audience.

Explain it to: Your dad. Your 14-year-old-kid. Your non-tech investor. Your CEO. Your spouse. Your best friend.

We're seeking that "AHA moment" where they go: "Oh! THAT's what you do? That's really cool!"

If you've lined up all your evidence correctly, that AHA moment, is the moment you win your case.

For anyone considering working with Peter, our firm has been a client for 10 years, have sponsored 5-10 green cards and 20+ visas. Peter has been amazing to work with and we've gotten emphatic thank you notes from people we recommended to him.

Worked with peter for 8 years from 3 founders to 300 employees. They are great

Do you know the best way to contact Peter or his firm? Looking them up online I find broken links to the firm website.

I've been looking for an immigration attorney who specializes in EB1A for an early engineer in the startup founding team with a small number of publication (<30) but significant patent commercialization (2 granted patents >$2 million value). NIW is unfortunately not a good option due to the country backlog.

Do the links to/at: [ http://www.robertsimmigration.com/contact.html ] not work?

Appears to list phone / fax / email for two offices, Connecticut and California.

Peter's at a new firm: https://ogletree.com/people/peter-d-roberts/

Media announcement: https://ogletree.com/media-center/press-releases/2023-07-17/...

I'm a colleague of Peter's. I've sent him referrals. 100% agree he's awesome. He's now even awesomer with big-firm infrastructure backing him up.

Thank you so much! I'm going to be reaching out, and your comments give me added confidence!

You're most welcome. $2M in patent revenue, plus ~25 publications, is a solid foundation for an industry (non-academic) O-1 or EB-1A, which Peter specializes in. Proceed with confidence, and happy case-building!

Hi Peter,

I'm a solo founder of software development company in USA. I've been doing everything on B1/B2 visa until goverment told me I spending too much time in USA and they cancelled my visa with recommendations to look for other options.

I tried to apply for E2 during covid and it took them almost 6 months to process my case but they declined it with a general reason that they don't see enough evidance to issue E2 for me at this moment but I can re-apply anytime if my situation change. (I applied by myself without any lawyer at all)

After consultations with different attorney I've been told that E2 is more for people who wants to invest but since I'm already established working business it might not be a good fit for me. And yeah they do recommend me to look on O1

1. Is it something interesting for you? Can I get paid consultation from you and maybe you'll help me?

2. Is it true that for existing established business with solo-founders E2 might be not a good fit?

Thank you in advance!

1. I'd be happy to speak with you and go through your options. 2. That's not the most important factor; we do E-2s for existing businesses and solo founders all the time.

What are the top items a solo software founder (of a treaty country) seeking e-2 might not have in their application/background or want in the outcome of an e-2?

E-2s for founders are generally easy as long as there's the qualifying investment and a good business plan. Sometimes founders of very new backgrounds with limited experience run into issues but even this is rare.

Wait, you created a company in the USA while on B1/B2 visa and they voided your visa because you spent too much time, not because you opened and worked for your own company, something that is typically only possible with a permanent residency?

As someone who was very religious about his H1B in the past and had given up on a couple of simple passive income ideas only because I couldn’t incorporate, I feel a bit… naive.

Hi, if you have enough business track record to assemble an E2 package, then it's likely you'd be a good candidate for O-1 also.

I have a lot of friends at work that have H1B visas. They try to get green cards but the process drags out often for more than a decade. Why is it so hard for people who want to be here, and who have well paying jobs, to get green cards?

Surely you should ask that to your Congressman, not a lawyer...

But if you are here on an H1B you don't actually have a congressman. The US citizens you are competing against do. And this is why the system works the way it does.

If I have a green card I can donate to political candidates though. I don't know how many dollars is equivalent to one vote, that probably varies by candidate.

So H1Bs are also competing against green card holders with more political power than them, not just citizens.

You have a congressman. That is, you have representation but not suffrage rights. Congresspeople will assist with making congressional inquiries. Their political incentives are a separate matter, but even advocacy ultimately has to get to the legislature. The failures of the system aren't a result of the H1Bs v/s US Citizens dynamic. In reality, there are several different groups with their own incentives. Kind of like how failures of US healthcare isn't a patients v/s doctors dynamic.

I recall hearing that the wait time for green card approval depends on the home country of the applicant. There were a lot of applicants from India when I talked with people who were getting a green card. So the wait for an Indian applicant was much longer than, say, an applicant from Canada.

Not sure what the wait times are now, but I doubt the USA has caught up on the Indian wait list, esp. during/after the pandemic.

It’s by country of birth. So that applicant with the long wait could be from Canada if they were born in India.

Looks like there's a small backlog for Mexico/Philippines, large backlog for China and even larger for India-born employment-based applicants.

see https://travel.state.gov/content/travel/en/legal/visa-law0/v... and click on the latest bulletin. You'll probably want to look at the employment-based green card waiting list.

Note that if the country of birth is not explicity listed, such as Canada, the intending immigrant must use the column "All Chargeability Areas Except Those Listed".

For example, a EB2 applicant born in Canada filing today would be backlogged because the date of filing is listed as 01JAN23.

There’s a limit on number of green cards per year. Then there’s a hard limit of 7% of that per country. There’s also a priority system with Family coming first. The combination of three results in a really long wait time for Indians without family (who are citizens) in the US moving on H1B. The current priority date is 2012 if I’m not wrong. It did progress faster during the pandemic but got quickly rolled back. Remember that those who come on H1B are already capped per year.

https://travel.state.gov/content/travel/en/legal/visa-law0/v...

Because people with high paying jobs have political power as a class and it is in our interest to make importing foreign competition difficult.

People with low paying jobs do not have political power and are unable to set up legal protection for themselves.

It’s country based. I have family and it took them less than 6 months. For Indian and Chinese, they can forget about it.

Hi Peter. Thanks for your AMAs, always a source of great value.

A couple of questions from me:

1. Which would you say are the top spececializations within tech that employers are most willing to sponsor visas for nowadays?

2. Would you say the willingness to sponsor tech professionals has lessened somewhat as of late? Given the economic climate, opportunities to hire remote globally, etc.

3. Are there any impactful immigration reforms we should keep a watchful eye for, vis a vis the 2024 US presidential election?

Thanks & all the best.

1. From my narrow/limited perspective, AI/ML engineers and technical product managers. 2. Again from my narrow/limited perspective, no, even with remote employment (because oftentimes those remote workers need to spend significant time in the U.S. and require work authorization). 3. I don't see any likely major changes. The action will come from executive orders and changes in the application/interpretation of law.

A company in California wants to push me out the door unfairly and I'm a remote employee in another state and want to fight it or get some just compensation, should I consult an attorney in California or my state. ? (edit: sorry just noticed this is regarding immigration law only )

Employment agreements are at will. Its highly unlikely you can fight this. You need agreement with your employer to continue.

This isn't necessarily true: "at will" means a legitimate termination has no notice period. Employers are not allowed to fire employees for any reason, or to have an abusive employment environment.

OP: any employment lawyer could also advise you on jurisdiction.

Employers are absolutely allowed to fire employees for any or no reason as long as the reason isn't specifically illegal (e.g. on the basis of race or gender).

Could have a constructive dismissal case, but would need an attorney to review and confirm. Filing a Dept of Labor complaint can also help establish a paper trail, but by no means ensures success.

https://webapps.dol.gov/elaws/eta/warn/glossary.asp?p=Constr...

California has a privacy law that makes a large swathe of possible reasons (essentially anything to do with your private life, which covers most off-the-clock activities) specifically illegal.

The laws of your state of residence will apply to you regardless of where the company is based.

When a USA citizen meets abroad and wants to marry a non-USA citizen, with the intention of the non-USA citizen pursuing permanent residence in the USA, does it have any effect on the process which country they get married in?

I've heard this and similar concerns from employees of multinationals who meet someone while at an overseas branch. They want to do what they can to avoid snags.

Only if they pursue a Fiance Visa, which is(last I checked) usually the best way for the non-USA citizen to get their green card. A Fiance visa requires the marriage happen in the USA(after receiving the VISA).

Recently, the K1 fiancé visa has been taking longer to process than an I-130 spouse sponsorship. I don’t have any hard numbers though.

I was in this boat back in 2017, and a lawyer working with my FAANG company advised me off the record that our best bet was to visit the USA, and suddenly have a surge of loving feelings and spontaneously get married in a tiny impromptu ceremony. Then apply for a change of status while in the USA.

I probably should have listened to her.. I did it the "right" way since I wanted to quit that job anyway. Got married abroad and filed an I-130. It took like 18 months to get it, it was nuts. I'm a native-born US citizen and my wife is from Japan, no criminal records or anything, and I was making 3-5x the national median household income this whole time, so it's not like there was anything tricky about our case.

I'd recommend you just talk to a lawyer. I hired a lawyer for our case, and it was about $3k total. It would've been entirely doable without the lawyer's help, but it was easier that way and I helped fund her charity work where she helps refugees and domestic abuse victims.

Yeah what you were recommended lets you kind of "jump the line" (for fiance visas, which take forever), and as long as you consult a lawyer and approach it sensibly it's pretty much risk free.

No you did it the right way. I lived in Canada for 10 years, my partner is Canadian, and we debated what to do when we moved down from Canada to the US. We got an attorney to help advise us.

It is very much a problem if your partner is deemed to have entered the US under false pretenses. That is, if they enter the US on a tourist visa and then you get married and they apply for a change of status, immigration can look askance at your spouse -- "The original tourist visa was a lie, you always intended to get married and change status, they are now barred from the US for 10 years." It might be faster, but you don't want to run that risk, even if the probability of that happening is low.

Same thing in our case -- we didn't want to move to the US right away (wanted to spend ~6-9 more months in Taiwan anyway). It ended up being a 2 year slog through covid, was brutal.

Wish we would have had an overwhelming urge to get married when we were visiting my family in the states instead.

It doesn't matter where they get married as long as the marriage is valid where it occurs and under U.S. law. The location of the process abroad is based on the non-U.S.-citizens's country of citizenship or country of residence. Regarding the specific process, whether in the U.S. through USCIS or abroad through the State Department/U.S. Consulate, definitely consult an immigration attorney to understand the timing, requirements, and risks.

A K-1, "Fiance Visa" I'm pretty sure requires the marriage to happen inside the US. At least that's how the immigration people explained it to us, and their website, while not saying it outright at least implies it:

> With your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.

Source: https://travel.state.gov/content/travel/en/us-visas/immigrat...

Hi Peter, what are my employment options as a programmer who (long story short qualifies for DACA) is completely undocumented. Not a citizen, not a resident but living in the US. I'm working with a local company and doing work as a 1099 Contractor, but this along with freelance can be limiting. I would much rather work with a big(ger) company, but unfortunately I don't have work authorization. Am I right in assuming there's no way for me to get hired at a real company? Or are there workarounds I'm not aware about?

Quick testimonial from a YC startup that had Peter's assistance for us to go to the batch earlier this year: Peter is great. He gave us great advice and helped us out with how to fill out an urgent application for a visa for my co-founder. Would highly recommend him.

Maybe this is too far outside your area. I'm an American living in Canada, and am leery about the best legal structure for my business. Cross border accounting is a nightmare. Any advice?

Unfortunately, that is outside my area. I just always refer these questions to accountants.

I really want to know this, too.

Hope I'm not too late, thank you for doing this AMA! I would love to hear your thoughts on the 50% ownership requirement of the E-2 visa, which I imagine can be restrictive when raising capital or splitting among co-founders. Can you outline generally how you advise your clients on this? For example, do you go the route of finding investors of the same nationality as the E-2 holder?

A final larger question would be does the requirement apply for the whole duration of the visa? If so, how is this tracked?

Here, success can be an enemy of the E-2 visa if the company receives additional funding that dilutes the ownership interest below 50%. The E-2 is a great options for many founders/companies but at the outset, a contingency immigration plan should be put in place to deal with the loss of the E-2 (such as the O-1 or green card).

Hello Peter,

Thank you for taking the time to provide insightful answers to our questions.

My question concerns EB-1 visas and greencards for extraordinary ability. The usual route to prove 'extraordinary ability' seems heavily skewed towards those with scientific publications under their belt. Would it be possible to qualify for a software engineer leaning towards tangible tech contributions, for example significant commits to open source projects and building online products with a decent user base ?

Absolutely! Most of the EB1As we handle are not done for scientists, they are not done for those with a significant number of impactful publications, they are done for engineers and founders.

Thanks! Are there any tacit threshold to qualify ?

Not really. But it's critical - in addition to checking at least 3 boxes/criteria - to argue and demonstrate overall sustained achievement in the field.

thanks!

Hi, yes, you're right, most of the info out there is for researchers and academics. It's not a template that fits well for makers and engineers in private industry, who actually build real things and sell them.

There's an EB-1A template that works much better for proving extraordinary ability for industry accomplishments. It's just not well-known or publicized.

If you have open-source commits and users for your products, then you're well on your way to a successful EB-1A portfolio.

The "academic EB-1A" template is such a universal pain point for tech founders and engineers, that I just launched an online course (my first! yay) on this topic. It explains how to structure O-1s and EB-1As for industry tech and engineering specialties, not academia. https://pro.visabuilder.com/tech-toolbox-product-page

1. Do you foresee significant changes in immigration policy in the next 20 years? With many working under temporary status for as much as a decade, seems more relevant than ever to predict the future. Which, I'm sure, you hate to do. But this is for fun.

2. In your opinion, is there a way to live under the regime that 10-17m illegal aliens in the US seemingly do every day, but to be an entrepreneur? Is it really going to be true that such status limits you to living in poverty, or even to the middle class? As most tech entrepreneurs fail, is it intellectually honest to say that illegal status prohibits you from being a successful entrepreneur?

3. Why is the tech industry more compliant than other industries regarding work authorization, immigration status & residency status issues? Or is it not? In your opinion, is it behind the trend compared to other industries, or ahead? In other industries, like healthcare, agriculture, education and hospitality, rules seem more lax provided the roles are vaguely lower class, but I am generalizing. What do you think is special about tech besides pay?

1. I've been doing this a long time and major changes in immigration law are very rare and require some type of consensus among the different parties and branches. So, as much as the system needs to be fixed, I don't think the fixes will be legislative. 2. Of course, there are additional challenges but I know many entrepreneurs who are not in valid status or at one time were not in valid status. But it's tough. 3. I think because the need is so great in the tech industry and it seems that it can be hard to find the right talent.

Are there good ways for US companies to host international grad students in their internship programs? How hard is it for them?

Specifically I had a conversation with a few administrators at universities in Sweden and this question came up on behalf of their students.

Thanks for regularly showing up here. I went EB2NIW some years ago and still get ptsd reading these threads. Hang in there everyone struggling with immigration.

“Hard” meaning specifically how many lawyer/HR hours, how long are the timelines, and are there other significant risks?

The path will depend on if these are paid or unpaid internships: if paid, then the J-1 visa is probably the best option; if unpaid, then the B-1 business visitor visa is an option. For the J-1, there's really no need for a lawyer to execute the application, just to provide advice at the outset; for the B-1, I would recommend getting legal advice and support but this won't be expensive at all.

Thank you!

The US companies don't have to do anything - J1 is applied by the student, he just needs a signing letter from you (German here who did this twice in 2007 and 2009). I did not have an attorney or help; just apply at the US Embassy and follow the procedure.

Do you find that northern-european immigrants end up happy after immigration to the US, given the circumstances which you meet them in? The US is quite a different social environment, while still also being quite similar to northern europe in many ways.

Certainly "your field" per se, but if you follow up on clients I figured you might have a better clue than most.

Probably not something Peter can answer.. but I'm from northern europe and yes, I'm happy here and would never want to go back.

I often think about this but regardless of the country, some foreign nationals can never imagine going back to their home country and others always see their home country as their home, where they will end up. It seems more specific to the foreign national than to the home country.

Some people immigrate for purely economic reasons, others immigrate because they prefer the lifestyle and culture in the host country. The ones that always see their home country as their home, where they will end up, are in the first group. They're only immigrating for the $$$.

What's the best practice for a founder or startup employee who is on a work visa in the US but works remotely / nomadically and doesn't have a fixed address (from an immigration perspective)? Use mailforwarding? Ask to use a friend's address? Is that frowned upon by USCIS?

The issue here is getting government mail. Any government notice or document also should go to the individual's lawyer, if he or she has one. Regarding your specific question, what addresses to provide will depend on the immigration form and the purpose of the question being asked and whether the applicant/beneficiary is a founder or an employee.

What are some non-obvious mistakes we can make that might threaten our immigration status, for different classes (for example H1B vs got-a-green-card)?

For green cards, it's really more about what can you do to increase your chances; for nonimmigrant work visas, the main issues are (these probably aren't non-obvious, to answer your question) unauthorized employment, overstay, criminal record, and immigration fraud.

Hi Peter.

If someone, say a Canadian, overstays their tourist visa in the states by more than 6 months and are then banned from re-entering for 3 or 10 years, what are their options for fixing their immigration situation? If they receive a job offer (TN Visa or H1B) would that fix it?

Thank you

There are temporary waivers available.

I am currently on H1b. If I got laid off and went back to my home country for 2 years. After 2 years, if a US company decides to hire me back, could I come back on H1b (provided my H1b hasn't reached the limit of 6 years). Does it happen?

Yes, you should be able to; we've done this many times and even where the gap is longer.

An H-1B person, after having extended the visa once, will need to go through the lottery again next time, right? If they have done a Master's degree in the US, will this second H-1B application go to the Master's cap quota like the first one?

No, with limited exceptions, once someone has been selected in the lottery, he or she won't have to go through the lottery again, whether in connection with an extension or job change.

You previously answered me that getting H1B without a degree is a thing, but one has to have their work history well documented. Could you please expand on what involves? What if the companies someone worked at no longer exist? Thanks

That makes it tougher of course but letters from former colleagues or supervisors also can do the trick along with other evidence such as offer letters, employment agreements, and pay records.

Does the same apply for TN1?

No. The TN while easier in many ways is less flexible regarding alternative requirements; for nearly all TN occupations, an actual bachelor's degree, not the equivalent based on education and/or experience, is required.

I went through this myself when joining a FAANG. A few of the companies I worked for don't exist, but I kept the original job offers, anything outlining the job duties, a post employment recommendation / HR letter and various things like that. The immigration lawyers had a different company that assessed the work experience to the standard of a university degree with a letter of recommendation.

Hi Peter, PhD student here with some publications thinking about staying in academia. What do you think are the chances for a green card during the PhD i.e. EB1b or EB2NIW?

The facts matter but as a very general matter, there's almost always a solid basis for an EB2 NIW and even EB1A as well for those with a PhD (or far along in the PhD process).

For people running a small business that is remote/can be done anywhere (a small SaaS company for example). What are their options for operating in the US?

To give a specific example. An indiehacker runs their own business, and wants to move to the US, potentially with the view of trying to become a citizen at some point. They have plenty of income, don't need a job/so don't really have a visa sponsor etc.

What steps should they look to take?

While physically in the U.S., with very limited exceptions, a foreign national must have some form of U.S. work authorization to engage in revenue-generating activities, even if those activities are remote/virtual or occurring in another country. The default options, depending on the individual's country of citizenship (excluding those from Australia, Canada, Chile, Mexico, and Singapore, who have their own work visas), are the O-1, H-1B, and E-2.

An interesting exercise for the reader is to look up I-9 authorization, or lack thereof, checks for 1099 workers.

This is super interesting Feels like a lot of people just travel the US and work remote a bit with the expectation that they will just slip the cracks.

Thanks!

I think there's a difference from CBP's/USCIS's perspective between visiting the U.S. for brief trips for pleasure or business and continuing to work while here (for the benefit of a foreign employer or client) and traveling to the U.S. to work remotely from the U.S. (even if for the benefit of a foreign employer or client).

I see, so the 'correct' path would likely be something like: Incorporate in the US -> apply for an E-2 (appreciate this is a gross simplification).

Hi, yes, something along those lines. E-1 or E-2 can be good options. Or, for example, open a US branch of your existing company, then have your company sponsor you for an O-1 or L-1 visa.

Hi Peter! I am an ML postdoc with ~200 citations and a few papers at top ML conferences. I would like to apply for the EB2-NIW and I am wondering if it is really necessary to go through a lawyer. I have heard from a few people online who have wrote the petition themself, but from what I have gathered, most people go through lawyers. What would you recommend? Thank you.

That's really a question of cost-benefit because from a purely outcome standpoint, I would recommend going with someone (a lawyer) who has prepared and filed these types of applications. At a minimum, I would recommend having a lawyer review your background to see what options you have (NIW or even EB1A) and to identify any issues. Because with your focus and background, you also might qualify for EB1A.

Hi Peter, generally speaking, what is a route to consider for Canadians who are currently Software Developers and want to switch fields (ex. Product Manager) and work in the US for at a startup? TN NAFTA visa looks good although the "NAFTA Profession list" criteria is narrow (ex. doesn't include Product Manager)

Definitely, the TN is almost certainly the best option and the Engineer occupation can be used for Product-related positions that require a strong technical background.

Excellent, thank you

What are the biggest issues that you see in the immigration mechanism that the US currently has in place (in terms of tech work visas) and how can we improve upon them as a community? From your vantage point is the immigration mechanism (for tech) working effectively for its intention or does it not align with its stated intent?

For the most part, even if bumpy and burdensome, I think the immigration system works well (or well enough) for stars (or certain types of stars). But I don't think it works well for many others, such as talented engineers, for example, who don't meet the star definition, and for the companies that want to employ them. This was one of the purposes of the H-1B program - to allow for the employment of talented professionals - but that program seems broken because of the massive demand and the limited supply.

Can you see any paths to improve it? I'm sure any radical changes would upset one political side or other, but are there provisions or processes that are just lose-lose and could be adjusted without making either side unhappy?

I know it's not your specialty, but perhaps you have an informed opinion about differences between EU and US laws that govern residence permits for software developers?

1. For switching to from withholding of removal to green card by marriage what is the steps? Can this be done without representation? What is the time frame?

2. Is it possible to move from CNMI to mainland with withholding of removal?

3. For a child adopted in a United States territory, adoption already completed, what is the step after i130?

Hi Peter,

I’m an entrepreneur looking to start a business in the EU so I can sell to people in that market.

If location in a specific country doesn’t matter to me, what’s the path of least friction to getting long term residency and a business started?

the path of least friction to EU citizenship assuming my business adds value to the EU?

Might want to look into Dutch American Friendship Treaty visa.

Interesting! I wonder if that treaty is somehow reciprocal?

Whats the best path forward for a h1b solopreneur who wants to gain some traction on the side project before quitting their full time job and going all in on an idea?

Keep going and get into an accelerator and apply for an o1? Or are there new paths with the entrepreneurial parole program?

There are other paths but this is a complicated/lengthy/nuanced discussion that requires a call with an immigration attorney.

Thanks Peter!

Surely you can point to some direction about this?

While there are some black lines, what can and can't be done "on the side" is grey and requires a back and forth discussion.

Hi, agree this is a nuanced area. I can comment generally on how other founders have threaded this needle. The IEP isn't a very mature or robust alternative at present.

As you know, the H-1B category is quite strict in permitting paid work only for the H-1B employer-petitioner. It prohibits paid freelancing of any kind, including driving an Uber, running a paid Substack, working for an overseas employer, and monetizing your side project. That's the bright line you start with.

So, Step 1, what can you do with your side project that keeps it in the realm of a hobby, while in H-1B status? Probably quite a lot. You can test and perfect how the thing runs. You can polish the user interface. You can talk to your target audience, every day. You can immerse yourself in how they describe the needs, hopes, fears, etc., that your product addresses. You can set up a special-interest website for it (but not on Shopify).

IOW do it for fun, not for money, at first. Take it as far as you can in the special-interest realm. Get all the "hobbyist" moving parts working together.

Step 2, start building your O-1 visa evidence portfolio, at the same time. Pick a niche, related either to your side project or your job, and become a subject-matter expert in that thing. Publish, do podcasts, get interviewed, do open-source, attract some "sustained acclaim." As long as you don't get paid, it's perfectly consistent with H-1B status to become an influencer in your niche specialty.

Step 3, when your product's ready to monetize, you'll also be ready to incorporate, have your company sponsor you for your O-1 visa, and have an O-1 evidence portfolio ready to go. Alternatively, present yourself and your product to an accelerator, O-1 portfolio in hand.

Check out the links in the "Swizec" comments above. Swizec didn't have an H-1B, as I recall, but he's absolutely cracked the code on how to build your own O-1. And with an O-1 portfolio already built, you'll have many, many options for moving forward.

Long answer to short question. But it's a great question! I hope this framing might help others who are tackling this challenge also.

Hi Peter,

Do you think for Founders, the US EB-5 Green Card Visa can be a good option? (If cost is not a problem)

A recent update: The Visa availability figures for fiscal year 2024 have just been released, and the news couldn’t be better for EB-5 investors – particularly those hailing from China and India. Rather than the typical 10,000 annual EB-5 Visa quota, the allocation for 2024 has surged to 22,233 EB-5 Visas.

More info: https://www.eb5united.com/updates/2023/11/additional-eb-5-vi...

The EB-5 might be a good option but I'd recommend that the founders get an evaluation of their options first before proceeding with an EB5.

This international graduate student (on a scholarship) got a SSN and had to file taxes every year while in the US. In May of his last year, he graduated. Returned home.

On Jan-Feb next year, the school mailed him the tax forms to his country for the previous fiscal year's taxes. He never completed those forms and did not file them with the IRS. He's living his life in his home country now. He lost his SSN card and he doesn't remember his SSN.

20 years later, he wants to return to the US as a tourist to visit some friends. Would that tax mishap be a problem for him? Thanks in advance.

Is there any path for a founder from Canada to move to the US by being employed by their company under a TN visa - especially if they don't believe they can prove O1 requirements? Why is the O1 preferred (other than permanence)?

An O-1 isn't preferred but oftentimes is the only option for Canadians because they don't fall within one of the NAFTA occupations or there's some disqualifying element, such as a controlling interest in the petitioning/employing U.S. entity.

Hey Peter. Can a person whose H1B visa was approved after they left the country with employer A, transfer it to employer B assuming the visa holder hasn't entered the US yet an hasn't "activated" the visa?

Surprisingly, yes, this usually works - jsut not always.

just

Thank you!

This is more of a historical question. I have a green card now so this is not currently relevant to me.

I wonder about the use of H1B vs O1 in academia. When I was doing postdocs in the US, I was often told that O1 was not the best route and H1B was easier (edit: for permanent positions). I learned from older colleagues that O1 was actually more frequent in their time (probably in the 90s). This is hearsay, of course, but I heard it often enough that seems somewhat accurate. What changed and could the H1B vs O1 balance change in the future?

FWIW, my pathway was: F1, TN1, J1, H1B, green card over a period of 19.5 years... I'm thinking that wasn't optimal :-)

The facts will dictate which path but really an H-1B is better, it's just not an option for everyone; it's better for several reasons but primarily it's better to be in H-1B status while pursuing a green card; there are no disruptions in the ability travel during the green card process and no issues with renewing an H-1B visa during the process. Years ago, many founders with existing businesses abroad used the L-1 visa to work in the U.S. and the H-1B wasn't as difficult to get years ago. The use of the O-1 has really exploded during the past 5+ years.

Green card holder via marriage, decided after 10 years it's time to naturalize. Nothing exotic in the situation - still happily married, started a family, no legal issues, citizen of Western country etc. Is it worth retaining an immigration attorney for this? Most of my friends who have done this did it themselves and say it's a paper-filing exercise, simple test and an interview - so they think I'm being overly cautious to consider retaining counsel. What would be the considerations here, please? Thanks!

Naturalized citizen here: it's not hard at all. You've had the green card for 10 years so the marriage is not even a consideration. For once, you'll be on the "friendly" side of USCIS that wants you to succeed, not the one that wants an excuse to deny.

If there are no issues (that is, no criminal record and no extended absences), then it's a simple and straightforward process and we advise all our clients to handle on their applications on their own and save themselves the legal fees.

I naturalized just over a year ago. I found completing the application online easy enough. I used San Francisco's free immigration legal advice line for a question about how to account for speeding tickets (the wording on the naturalization form is slightly different to that on the green card form.) You may have something similar where you live. https://www.sfhsa.org/services/immigrants-benefits/free-lega...

Unless you have something unusual about your situation (e.g. criminal record, extensive stays outside the US, etc), it's dead simple.

And if you've been in the US for 10 years, don't apply under the marriage path of 3 years residency, apply under 5 years. They basically verify you've lived in the US for 5 years (you have records of all your international travel right?), aren't a criminal and boom approved.

The marriage route is a bit more complex as it can involve legitimacy of the marriage (although not much of a hurdle for most).

Not hard, lawyer not needed. If you want someone to hold your hand through it to allay some anxiety then feel free to hire a lawyer, but honestly they'd just be doing project management.

Hi Peter, What is the best way to contact your firm as a prospective client?

I've been looking for an immigration attorney who specializes in EB1A for an early engineer in the startup founding team in robotics with significant patent commercialization and a small number of citations (2 granted patents of >$2 million value, <30 citations).

NIW is unfortunately not a good option due to the country backlog.

Looking at the positive comments from your current/former clients here, we'd love to get in touch!

http://www.robertsimmigration.com/index.html

Email at the end of the page.

Peter's at a new firm: https://ogletree.com/people/peter-d-roberts/ Media announcement: https://ogletree.com/media-center/press-releases/2023-07-17/...

$2M in patent revenue, plus publications with buzz of 25+ citations? That's a solid foundation for an industry (not academic) O-1 or EB-1A. Full steam ahead.

Hi Peter,

I'm not sure if my situation/questions are under your scope but I appreciate your time and energy on this thread. My fiance is British with an O-1 visa, currently living and working in NYC. She works in fashion, not tech. But I am a tech worker in London (EU citizen) and would love to move in with my fiance of course. Is my understanding correct that even if we marry it wouldn't allow me to legally reside and work in the US? What would be the best approach?

Thanks so much.

Hi. If you marry, you'd qualify for the O-3 spousal visa, which allows you to live in the US, but not work in the US. It's a significant drawback to the otherwise robust O-1 work permit.

You could also look into options for her EB-1A green card, which includes a derivative green card for the spouse. I'd consult a qualified immigration attorney re the timing and filing procedures. It's a great choice, but it can be tricky to sequence it correctly.

If not married, you'll need your own independent work permit to live and work in NYC.

Hi Peter! I am a EU citizen with a pending I-130 to relocate to my wife to the U.S. We've been waiting for more than 7 months with no response. In the meantime I acquired a job at a U.S.-based company, although that is without visa sponsorship and I am employed through an employer of record in my country. Yet, I am wondering if there's any way how my employment might help to speed up the process, given that the company would employ me within the U.S. once I have relocated?

Are you a U.S. citizen or permanent resident?

My wife is a U.S. citizen. I am EU citizen. I am currently in Europe, while my wife is in the U.S.

Your job offer in the U.S. won't help. And the U.S. company won't support a nonimmigrant work visa for you?

Any hope for DACA? I get a consultation every few years but they always tell me i'll have to leave the country for consulate appointment and possibly not be allowed back in.

Do you have DACA already? I've had DACA since it's beginning but just this week was approved for my green card via adjustment of status through marriage.

The only caveat for me was needing to do Advance Parole before hand, otherwise I'd have to also do consulate interview.

Do you think anything is going to come from https://ai.gov/immigrate/ ?

Should my wife and I get an attorney? She has been waiting almost 15 months for GC, marriage-based. We sent in everything all at once, work permit/travel/adjustment of status. We're thinking about even mailing Katy Porter. She's from Canada, we provided plenty of proof, we did everything right and still nothing! She's desperate to just start working..as it is right now she's pretty bored just playing video games at home all day.

You should see if you can put in a request with USCIS (called a Service Request) and also contact your local federal Representative and ask this person to make an inquiry with USCIS (something that is not a big ask and is done all the time and sometimes seems to make a big difference).

Thanks for the response! Unfortunately we've submitted Service Requests for each of our forms as they are past processing times. Each Service Request was met with a response that boils down to "We know. Wait longer.". We've even submitted Service Requests for a couple Service Requests that went beyond processing times for responses!!

Our local fed rep in socal would probably be Katy Porter right?

You can try federal litigation. Litigation attorneys are typically different from other immigration attorneys. There are lawsuits based on unreasonable delay, but it's highly variable and will depend on your individual case. 15 months isn't that long, but there isn't a strict upper bound anyway. The best case in these lawsuits is that the government settles or issues your benefit rendering it moot.

It doesn't strictly matter who your rep is. It can be a house rep or a senator. They all fill some form and it goes through the same channels.

Good point. Mandamus actions - forcing the Government to act - often work in fact and there are some very good attorneys who specialize in this and I'd be happy to refer some to you. We don't handle these types of matters but have worked with several attorneys that do.

You can lookup your Representative here:

https://www.house.gov/representatives/find-your-representati...

Thanks for the AMA! Thoughts on the IER? https://www.uscis.gov/working-in-the-united-states/internati...

I've heard from a few immigration attorneys from big and small firms and they basically all said they'd never worked on one and would suggest finding someone with more experience

We've handled a bunch of them but the program has been dead in the water. However, the Administration's call-out of this program suggests that it might be an option again.

Hi Peter!

Thanks for doing this! 2 questions from me: 1. If the company is not able to file PERM successfully due to the layoffs and once the H1b expires. Is it possible to extend the H1b after 6 years eventhough there is no PERM filed?

2. Can companies not absolutely file for PERM during layoffs or is there like a georgraphical restriction/meaning certain number of miles that they should look at to determine if layoffs have happened? Is there a fixed number of miles/radius?

1. No. An H-1B can only be extended beyond the 6-year max-out period by recapturing time spent outside or by being in the green card (and being far enough along in this process). 2. For layoffs to be relevant - that is, for them to impact an employer's ability to file PERM applications - they must be in the same or similar occupation as the sponsored PERM occupation and be in the same geographic area.

Thanks a lot! a follow up on (2) - what does a "geographical area" mean. Like would Houston and Austin be in the same geographical area? Is there certain miles radius a cut off or entire state?

Same MSA so Houston and Austin would be considered different locations,

Peter helped us many times over at getstream.io, appreciate it.

I am getting conflicting opinions on this, so I will ask. My company has filed a 485 for me (currently on H1) and my wife is a dependent. My wife is currently on O1 and her company wants to file a separate 485 for her (with me as dependent) for backup. But my company's attorneys are telling me that's not recommended and it's better to withdraw one before filing another. Is that so or can 2 485s be filed?

I agree with your company's attorneys. The other option is "interfiling," which allows the basis of the I-485 to be changed without filing a new I-485.

You absolutely can file multiple concurrent I-485 petitions. I know because I had two concurrent petitions myself: an EB-5 that I filed by myself, and a regular boring EB-2 sponsored by my employer.

However, this will make it almost 100% certain that your interview will not be waived. During the interview, the officer will ask you with which I-485 you will want to proceed.

And you generally want to keep your case as straightforward as possible for quick adjudication, having multiple petitions will complicate it for sure. And the USCIS can take months to do anything as it is.

I’ve just started a single member LLC in SC, and I’d like to contract with a company in Florida. I will be working predominantly from SC remotely, but may end up in FL for an onsite every once in a while.

Do I need to _also_ set up an LLC in Florida to make this work or is my SC LLC sufficient?

If yes, do I need to do this in all 50 states if I want to do business with entities in each, or how do individuals acting as contractors handle that?

this seems more like a tax question and not immigration

Hi peter! Im on f-1 currently had an internship within the software space as a sophomore-struggling to get one as a junior because of the after effect of the tech layoffs, most companies aren’t hiring international students anymore - with regards to immigration and your previous experience how hard do you think is it in the current light to find an actual job within graduation.

How long does H1B stay active if it hasn’t been activated by entering the US. For e.g if my H1B is selected in lottery and I have also got visa stamp but due to hiring freeze in US, I’m allowed to work in Canada for same company. Can I enter US after 1 year if the position opens up in the US for the same company with same valid H1B?

Hi Peter, my brother and I (both based in Germany) think of founding an LLC for for renting (we became landlords through inheritance). We do not intend to immigrate to the US, but I am curious if such an LLC would help getting a permanent visa at one point? I already had a couple of US visa in the past (2x J1, 1x F-1, 1x B1/2).

It's unlikely that that business/LLC would help in any way from an immigration standpoint. Now, if the business started employing people and growing, it might help.

How likely an adjustment of status to H1-B from F-1 be denied due to ~120 days visa overstay that happened over a decade ago?

I'm not the expert here, but AOS only applies when you're currently in the US. Has this person been in the US for over a decade without a valid status?

Currently in the US. Reentered US again after visa overstay and maintained valid status since then. Current employee is planning to apply for H-1B next year. Although prior overstay length is < 180 days - the worry is still there.

There are a lot of "forgiveness rules" but they are tricky. I think you need to consult a lawyer to assess the exact situation. I hope this works out!

The facts matter so it's tough to advise without knowing them all but as general rule, as long as the overstay was for less than 6 months, you should be able to adjust status in the U.S.

For E2 visa:

1. Do they look at whether you paid taxes on the income you invested (how stringent are the requirements for source of investments)?

2. What is the minimum viable investment these days? Could they approve an investment of $50k-$100k for a software business?

3. Can the money your company earned count towards investment or does it all have to be personal income of the founder?

1. Yes, many Consulates will look into the source/basis of the investment. 2. There's no legal minimum but most Consulates want to see an investment of at least $100k with a good portion of that spent by the U.S. business before applying. 3. Generally, no.

Strange one: my parents tried to get visitors visa while I was on L visa and were denied (twice - in If it makes a difference), might they get better chances now that I have the green card?

P.S. it's strange for me because they are pretty well off but nothing got checked at the embassy. Reason stated was to see me & the family (2 nephews).

That's surprising. They definitely should reapply. Where are they from and where do they live?

Romanian residents & citizens. Even stranger is the fact that mom was rejected last year and the next person in the queue was a friend applying for the same visa and stating the same intention of visiting me - he was granted the visa.

It’s random unless there are some serious red flags. Just re-apply.

Hi Peter. 2 questions for you:

1) PERM processing time keeps getting longer and longer (now at 11 months, up from 5-6 months a few years ago). Do you know why or if DOL has any plans to improve it?

2) What’s the current average PERM-based I-485 processing time you’re seeing in your office? Any processing time advantage to submitting I-485 separately versus concurrently with I-140?

Thanks.

1. I thought that one of the purposes of the new PERM form and system was to improve the overall processing but things have only gotten worse and the expectation unfortunately is not that things will get better. 2. All over the place although the majority of employment-based I-485 applications seems to be approved within 6 months.

Hi, what options are there for someone with dual UK / Europe (Germany) citizenship to come to the US to work (either as an employee, or to start a business) - and how long much security in staying if the job / startup doesn't work out? How costly would it be for either the individual, or the sponsoring company? Thanks!

There are lots of options depending on a variety factors, including this person's achievements and qualifications, the amount invested in the U.S. company, etc., such as the E-1, E-2, H-1B, and O-1 visa.

If you had a magic wand for Congress to do something to support immigration for entrepreneurs, what would you have them do?

Really get behind the IEP program and start to review and approve good faith solid applications (those that are likely to generate jobs).

Let's say there's a disabled person (successfully employed in tech, but also receiving benefits from their own government that don't have an income threshold). Such a person is considering immigration to the US in the future. How much of a concern the "public charge" provisions should be in such a case?

If I understand you correctly, really no different from anyone else (although the government can take into account health).

Hi Peter, I'm a software engineer and have the opportunity to relocate to the US from Europe with a company transfer visa (been working for a US company for more than a year). Supposing I get laid off once I'm there, what are the options to stay in the US? generally speaking, how long would it take to get a green card?

If you lose your job or quit, you would get a 60-day "grace period" after the end of your employment to stay in the U.S. and remain in valid L-1 status. During this 60-day period, you would need to do something, that is, get sponsored by another company (maybe for an O-1 visa) or file something yourself, such as an application to change your status to visitor status. Unfortunately, the L-1 isn't transferrable to another unrelated company.

Or leave the U.S. if you do neither.

Hi Peter! We’re are waiting for my wife’s parents to get an interview scheduled at the Spanish embassy so they can get a green card. They are here in the US as tourists. We are close to the end of the process, but we’d like to keep them in the US if we can and just do the interview here. Is it possible?

Yes but you must consult an immigration attorney because there are some risks with this approach.

Hey Peter, thanks for sharing your expertise

Is it more advantageous in terms of processing time and outcome certainty to pursue Lawful Permanent Resident status via an Immediate Relative Immigrant Visa based on a spousal relationship, or to seek it through an Employment-Based Immigrant Visa?

As a general rule, definitely family-based since there's really no discretion/subjectivity.

I'm an L1B visa holder that will be filing I-140, I-765, I-131, I-485 concurrently in the coming months.

How soon can I leave my current employer?

As soon as the I-140 is approved and the EAD turns up? Assuming that my employer has communicated that they would not withdraw an approved I-140.

What's the basis of the green card application, PERM labor certification or something else?

EB third preference ROW with PERM.

Hi Peter! I'm a USC looking to get a India born sibling a green card under the F-4 visa. I've heard the wait times are long for the F-4 visa, does it make sense to consider alternative approaches? What would those look like?

Hello Mr. Roberts. Thanks for taking questions.

I am currently on F-1 visa with about 1 year of STEM OPT left. I am looking into applying to Startups and only join if they are open to start EB-2 process right away. Is this something the startups will entertain or accept?

They oftentimes will support EB2/NIW filings in my experience but to be clear, because of the green card backlogs, almost certainly an EB2 filing won't allow you to stay past your STEM OPT; you will need another basis to live and work in the U.S.

Thank you! I am not from a country with EB2 backlog. What do I/they need to obtain(such as Perm certification) in the EB2 application process for me to continue working past STEM OTP EAD expiration date?

Every country is backlogged. At best, you are less backlogged than others.

https://travel.state.gov/content/travel/en/legal/visa-law0/v...

https://www.uscis.gov/green-card/green-card-processes-and-pr...

Hi Peter,

Do you have any tips for finding a good regional center? And what is the deal with all these agents/finders that want to charge $80,000 for an "Administration Fee"?

Thanks, Charlie

Hi Peter,

Would love your thoughts on the recent EO on AI and it's possible impact on immigration.

I think the impact will be huge; it gives USCIS officer the green light when reviewing applications where there's a scientific/AI component involved.

How has the immigration law situation changed in the past 10 years? Have things become easier (doubt it), harder, or much harder, to work in the US? If I had to guess from what I've heard secondhand, I would say harder.

I think it's harder now than it was 10 years ago but not that much harder to get authorization to work in the U.S. The changes are really very specific to specific visa types and processes.

What are the main things that USCIS looks at when deciding to approve an LPR application? Do they really require affidavits? How long are applications taking at the moment? And for advanced parole too?

Do you mean marriage-based green card applications? These are super easy and fast now (less than 6 months in many cases) and don't require a lot of evidence of the bona fides of the marriage. A few affidavits can be helpful but they're absolutely not required, particularly if the other evidence is solid.

I meant for work-based ones. E.g. employer sponsored (by public university) ... But yes, with additional spouse dependent. (Both non-citizens, with H1B and H4 respectively)

Hi Peter, the new AI executive order mentioned easier immigration for ML/AI professionals. Does this or will it actually make immigration easier for ML/AI professionals?

I really do think so but time will tell.

What’s your take on O1 visas for company founders (from European Union) wanting to move to the US for 2-3 years, possibly opening up a business entity of their company there?

With some funding and a good business model, the odds of an O-1 are surprisingly strong.

Hi Peter. Which countries are the most popular destinations for founders to immigrate to, in your opinion? I've heard Dubai is the best place right now. Thanks!

That's a good question. My focus is the U.S. so I don't really know what the startup immigration is to other countries.

Hi. I’m working on early product (no fundraising yet) and my friend is on h1 and cannot work with me due to visa restrictions.

Is there any option here so we can work together?

It depends what you mean by work. He or she cannot get paid of course but there's lots that he or she can do with regard to establishing the company, building the product, etc.

Thanks!

If he helps me build the product outside of his regular employment duties, can I give him advisory equity? As you mentioned I cannot pay him.

Thank you again.

Hi Peter, thanks for your continued presence on HN over the years!

What wait times are you seeing for I-485 processing of EB-3 green cards? Are the interviews still being skipped?

There's a wide range but what I mostly see is that once an I-485 applicant's priority date is current, his or her green card application is being approved within 3-6 months.

Thanks Peter!

Do you get any pushback from any government organizations for sponsoring new H1B visas when millions of US citizens are unemployed and unable to find work?

In my experience, that issue is never raised (and there's no test-of-the-labor-market requirement in the H-1B context).

Thanks for the AMA Peter.

Planning an O-1 to move to SF and start a startup. Can I run paid internships to support myself in the early days (before the pre-seed)?

You would need work authorization to take on paid internships - and there's almost certainly no work authorization option available. There have been and will be changes to the J-1 program so depending on your area of expertise and background, the J-1 might be an option but there would be complications with this if your plan is to remain in the U.S. after the J-1 internship.

Any insight of when the final action date when F2B -family sponsored Visas may move? Been stagnant for years and I'm one month off...

I’m a professor, looking for advice on how to help international students become founders. What initial suggestions do you have? Thank you.

Jon

You regularly do those AMA.

My question is: what motivates you to do them?

Is it to promote your services? Is it to find talents for YC? Something else?

I really don't do anything other than work so this is a really nice change - a way to help people/give back a bit - and every time I do one, I learn something new.

Could you advise on when it's appropriate/advisable to contract an attorney for assisting immigration?

I'm not sure that I understand the question. Can you elaborate?

Thanks for doing this. My GF is from Mexico and would like to come work in the US. It is quite the process. Paying for an attorney could be very expensive for someone from __not_the_US__. Do you have any advice on what tips the calculus such that it's worth the cost to contract an attorney?

I see. Given the benefit and the potential for delays/problems, I definitely would go with an experienced TN attorney, not only will he or she see options where your girlfriend or a prospective employer might not, but he or she also will ensure it's done right. Also, TN visa applications tend be some of the least expensive U.S. work visas relatively speaking.

Awesome advice. thank you so much!

What the heck is going on where in the past three years we've had more people entering the country illegally than the entire population of 22 states, yet my extremely qualified friend from the UK (who will work in tech and pay taxes) finds it absolutely impossible to emigrate here? He'd need a big tech company to enter that visa lottery for $10k an attempt, it sounds like.

Hi Peter, could frequent US visits (B2 visa, once every few weeks) affect the L1 visa process at all?

Only that that time doesn't count toward the one year of qualifying employment abroad and that a Consular officer might question what this individual was doing in the U.S. - that is, whether this individual was working without authorization.

Thank you, really appreciate it!

Hey Peter! You coached me through 2 TNs, and an H1B. Thank you for everything you do!

What countries in South America are the most easy to immigrate to for someone from Norway?

a norwegian citizen should have no problems immigrating to most places in south america.

I can think of 3 countries that will give you a passport very quickly with a simple marriage ceremony, after 1-2 years, no questions asked.

I have girlfriend from a European country, so I am not looking to marry anyone else.

It has to be some country where I can immigrate without too much hassle and without too much expenses, and without having to marry anyone from the country.

Depressing thread. Why yall trying to be Anerican? Sadest place on earth. Great nature though. Should stay around with your folks, use *internet to create connections, invite people to visit you. Don't go there, really.

Why do you not move YC into a more immigration friendly country?

Thanks everyone. I'm going to be taking a short break.

Hi Peter, I have a master's degree what is the best way to get a Visum in the US? How easy is it to use this higher degree to get a green card? Any experience or advice you give is, very much appreciated

That's going to depend on a lot of factors, such as your country of birth and citizenship, your area of expertise, your experience and achievements, etc. It's really hard to advise in general.

Germany. Computer science and engineering. Lastly, I focus more on Ai and machine learning. Thank you very much.

What are some of the toughest part of your job?

The stress/burden of not messing up people's dreams of living and working in the U.S.

Is it legal for US companies to layoff a US citizen before a visa holder if they serve an equivalent function and have equivalent qualifications?

It can be, yes.

is there a path the GC after 8 years living in the US? (4 under L1 and 4 under E-2)

Unlike many other immigration systems, under the U.S. system, time in the U.S. in valid status has no bearing on the green card path/options.

What are your fees like?

How are you?

Why aren't there easier more accessible law and accounting services for early stage Startups. We used clerky for most of our registration and setup but the other 90% was just them telling us consult an attorney.

For non us founders it's almost impossible figure that out. There really should be more price accessible law and accounting services for early stage non US founders.

I think there are but there's no one place to find them. Many lawyers in the startup space will discount or waive their legal fees when working with entrepreneurs and founders.

What are you doing to get minority and/or lgbtq immigrants helped?

Not enough but trying to do more.

It what way, please give us more details.

US immigration? If I live past tomorrow, I want to leave the US. Idk how to even start.

The grass is always greener on the other side lol

Personally I am investigating how could I move to the US...

I’ve lived in both the US and Europe. They’re vastly different places. I wouldn’t say one is better than the other, but certain types of personalities will definitely enjoy one more than the other.

If you are talented and influential and meet the requirements don't forget about EB-1 and O-1 visas

Unfortunately I am not particularly talented nor famous, just a run of the mill code-monkey who thinks to be better than the others (but objectively that's most likely not right).

Even though I am very interested in moving to the US, realistically that will remain only a plan.

What is your profession?

One does not simply leave. You need permission from your destination to reside there. Tourism is different.

Constitution and ground level dynamics of Argentina makes this false for their country. Even criminals entering as tourist on false passport have been granted citizenship in accordance with their constitution.

The OP's statement doesn't seem false. Argentina is simply giving these people permission, even though their standards are apparently quite lax.

Not really. It takes 2 years to meet citizenship criteria and until then you are illegal without a visa but it's unenforced at ground level and not even a crime. It's actually much easier for many to obtain citizenship by residing illegally without permission and then applying under constitutional provision which doesnt care their residency was illegal.

That is the method to obtain citizenship for most without means is you must act without permission and then run down the clock.

It sounds like they do have permission, it's just not "official". If the law isn't enforced at all, and breaking it isn't considered a crime and there's no punishment for simply ignoring it, that sounds like tacit approval to me.

That's one way you could interpret it. You might say the same thing applies to visa overstays in the US, which isn't a crime and essentially unenforced except at easily predictable attempts to elicit self snitching at inland border checkpoints.

Huh? Overstaying a visa in the US isn't a crime AFAIK, but they can still detain you and deport you if you're caught. "Not a crime" just means they won't sentence you to prison for an offense, just like many other offenses are not crimes, but instead are torts or violations (like parking tickets): those things are still enforced, and you will (or may) suffer some punishment for them. When you said that Argentina doesn't enforce its law, I took you at your word, that it literally doesn't enforce the law at all.

The US immigration authorities do occasionally do raids on employers that are known to employ lots of illegal immigrants (which can be people who simply walked over the border, or people who overstayed a visa). It's not unenforced. For people in higher socioeconomic strata that blend into the population better, it's not that well enforced probably because it's just hard to find them, and local law enforcement doesn't deal with it.

I knew you'd understand these nuances a lot faster once presented with an American imperfect analogue. The truth as I gather is somewhere in between -- deportation extremely rare but possible especially in case of serious crime.

If you're rich, try applying for a golden visa. If you have certain kinds of ancestry, try applying for citizenship based on that. If you're educated or well-versed in something important, there are some kinds of visa specifically available to those kinds of folks. Otherwise, I guess you can try to get a job somewhere and then work that job long enough to turn a work visa into a citizenship.

That all being said, as some sibling comments put it, the grass really always is greener on the other side. As a dual citizen (US-EU) I'm perfectly happy to stay in the US. Some of my family moved back and immediately came to deeply regret it. (Specifically wrt your note about living past tomorrow, I promise you I wouldn't be attending my grandmother's funeral today if she had stayed in the States.) Maybe you should take a full inventory of the advantages and disadvantages of your current and target states before devoting many long hours to the immigration process.

If you're a skilled tech worker as is typical for the HN crowd, it's pretty simple: look for jobs abroad that will sponsor your work visa in those countries. There are many job sites oriented towards expats (or prospective immigrants, depending on your viewpoint) with job postings. Many of the mainstream sites like indeed.com and glassdoor.com also allow you to search for jobs in particular countries.

I will warn you, though: salaries in the software sector are generally much lower abroad, though the cost-of-living is generally lower too, so it's not necessarily that bad.

Why is US having 500 days waiting time for visitors visa from India. Makes no sense. Will that wait only end if Kamala Harris becomes the prez?

I don't know. It's a disaster and embarrassment of course. Surprisingly, other immigration processes have been fixed so I think this one will be fixed as well.

How come India (11.8%) and China (74.5%) make up a vast majority of H1B visas? https://www.uscis.gov/sites/default/files/document/data/h-1b...

Both have huge (1.5B) populations, and are shitty places to live, so a lot of people want to get out of there, and H-1B visa is one of the best ways. Huge number of applicants gives you huge number of visas granted.

Also, it's the other way around: 74.5% for India, 11.8% for China

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