Comment by ziddoap | Hacker News Reader

Comment by ziddoap | Hacker News Reader

https://www.federalregister.gov/documents/2024/12/18/2024-29...

The tweet is a super brief summary, reproduced below.

Founders can self petition (& spouses can work)

  - Own >50% of the entity, or have majority voting rights

Roles tied to research institutions cap-exempt

  - Organizations where fundamental research is a key activity now qualify
  - Startups can hire researchers (AI, health, hardware) year-round

Students get seamless transition

  - Cap-gap work authorization extended to April 1
  - Prevents employment gaps for F-1 OPT to H-1B switch

Faster H1-B transfers for job changes

  - Flexibility to start working immediately upon petition filing

Clarification of specialty role

  - Less strict on the direct link between degree/job responsibilities
  - Recognizes that AI may require multiple academic background

Cracking down on fraud

  - Stricter compliance rules
  - Employers must demonstrate a bona fide job exists
  - Site visit codified: refusal to comply = petition denial

> Roles tied to research institutions cap-exempt

> - Organizations where fundamental research is a key activity now qualify

> - Startups can hire researchers (AI, health, hardware) year-round

That’s a good change. I’ve seen ML researchers (PhDs) who led DARPA funded projects as principal investigator while working for a for-profit company not being selected for H-1B (lottery and cap) and having to leave the US.

> Founders can self petition

Wait, so I can just open LLC and get H1B visa for it? There have to be conditions and limitations, otherwise it will be misused.

Yea thats what I also thought. Opening an LLC is pretty easy.

You'd still have to comply with the H1-B rules for the job you are petitioning for, like the duties you are performing, the salary requirements etc. And the legal costs of doing the petition.

Now, misuse could come if you are independently wealthy and can self fund, but at the end of the day if you are doing that in the US, the economy still benefits.

There are better visas and even green cards if you're wealthy.

Exactly. You can literally buy a green card with a ~$500K “investment”. No need to jump through H-1B hoops.

That's more than what you would need if you were hiring for a prevailing wage position.

EB-5 is a onetime payment for a green card (permanent residence). Prevailing wage must be paid every year and you have 60 days to leave when you the company stops paying you.

Yes, but the prevailing wage threshold would be lower than the investor visa, as will the commitments. The investor visa you have to show a plan, hire people etc.

If you're "wealthy", you can immigrate by officially starting a business with just an $80000 investment (E-2 visa).

Or you can just buy a green card for a $800000 investment (EB-5).

E-2 is not available to all countries.

You can first get an investor-based citizenship in one of the countries that have signed the tax treaty with the US.

It'll cost you about $50-100k extra.

Only CBI countries on that list are Grenada (200k+) & Turkey (400k), and USCIS put out a rule specifically for that situation, with additional requirements. From: https://www.uscis.gov/working-in-the-united-states/temporary...

> In addition, for those individuals who obtained treaty country nationality through a financial investment, USCIS may require additional documentation to show that the applicant has been domiciled in the treaty country indicated in the application for a continuous period of at least 3 years at any point before applying for E-1 or E-2 classification.

Plus E-2 visa is a non-immigrant visa, so it doesn't give you any kind of special pathway to green card. Might as well apply for an EBx at the outset instead of fiddling with an E-2 visa.

You're missing several. Montenegro and Macedonia are definitely available, and I think also Panama.

> Might as well apply for an EBx at the outset instead of fiddling with an E-2 visa.

EB-5 has pre-country quotas, and for some countries the wait can be quite long (for China it's around 10 years). It also is veeerrrryyyyyy slow, even with the initial form processing taking _years_.

You're right on North Macedonia (which again needs $200k, so terrible value for the $ hence the low takers) but wrong on others. Montenegro suspended its CBI program and Panama never had one, only a residence visa which then you use to naturalize after 5 years (plus it technically doesn't permit dual citizenship although enforcement seems non-existent)

For EB-5, China and India have a waitlist but that's only in the 'unreserved' category. There are new EB-5 categories now that both reduce the investment amount required and processing can be done in a couple months now. If one really wants to immigrate and has the money, EB-5 is still the best choice by far.

So can I now go to SF, set up an LLC, and get the sweet SF dev rates?

Sure, as long LLC that you have set up generates enough revenue to pay your salary.

I'm not sure you understand how this works.

Yeah except your paying yourself minus taxes.

** Wait, so I can just open LLC and get H1B visa for it? There have to be conditions and limitations, otherwise it will be misused.

No, you have to first post a job posting at a low salary, preferably with an in-office requirement in a HCOL city. If you get applicants, give them Leetcode Hard and no one will pass.

Then, when no one applies or passes the interview, you claim there is a shortage.

Viola!

I'm legitimately interested in this.

I run a one-man consulting business from the EU. I sometimes hire freelancers. I work with US clients anyway. Does that mean I can open a US llc and move?

(This was originally posted in the other thread https://news.ycombinator.com/item?id=42451271, but it's useful here too)

What's the reason for cap-gap extension to April 1? I thought that the government fiscal year starts on October 1, so H-1B statuses take effect on that date and therefore the extension is only needed until October 1. What is the motivation here?

I wonder if it is possible to found a US company and open a bank account for it while being a resident of Russian Federation, and then self-petition yourself for a visa....

Establishing a company in the US is easy, but you'd have difficulty finding a bank willing to do business with a brand new company with Russian beneficial owners (at least in the current geopolitical climate).

Yeah that's what I thought too. This makes leaving Russia with my business far more difficult.

> - Site visit codified: refusal to comply = petition denial

Wonder how this works for remote-only positions/companies.

I’ll believe it when I see it. Until then, I look forward to teaching H1B recipients to turn on a computer.

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