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

300 pointsproberts487 comments

I'll be here for the next 6 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 recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing 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 responses. Thank you!

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This has been a very active and interesting AMA so thank you everyone. I will be stopping now and returning tomorrow morning to respond to all the unanswered questions and comments.

Can a TN classification denial result in immigration detention? If so, how can I mitigate that risk?

For context, a Canadian woman recently tried to enter into the USA from Mexico and get TN-1 status. Instead of refusing her entry, officials detained her and she's been stuck for 10 days waiting for deportation.

https://www.theglobeandmail.com/canada/article-canadian-woma...

It's unclear to me how big of a risk this actually is for the average "Canadian goes to the USA" story because of her specific factual scenario. Presumably I don't want to enter from Mexico, but is it advisable to take flights from a TSA preclearance airport in Canada so I'm not actually in the USA if the classification is denied?

She crossed overland. Imagine you do pre-clearance out of a Canadian airport. Can they kidnap you out of country and ship you to a US detention center?

Canadians may be often unprepared and shocked how aggressive and militarized the southern border is, compared to crossing at northern border land entry points.

I rarely find the pre-clearance process to be all that nice when compared to internal clearance. When I traveled a lot to NYC I far preferred to fly out of Toronto island and do immigration at Newark vs flying out of Pearson. The tone was entirely different.

I personally am not sure that pre-clearance should even continue given current diplomatic tensions. Having an armed foreign police force from a country whose official head of state says it wants to occupy you... doesn't seem wise.

US airports love Canada pre-clearance because it allows them to assign planes to any gate. Might be an easy way to gum up the works as retribution.

It varies. In recent years (last decade or so) YVR has been pretty good. Historically there were ups and downs.

I doubt a few immigration officers with handguns (can't say for sure they even carry them or carry them out of the airport) are going to take over BC.

It's not that I think they're some sort of potential foreign occupation force. It's just oddly symbolic and weird, and their powers to detain people, etc. seem entirely problematic in the current context.

It cuts both ways. Many American friends have told me that they were treated aggressively at the Canadian border as well.

If you get to chatting with a CBSA officer (Canadian version of CBP), they'll have plenty of stories for you about Americans who want to drive from WA to Alaska with all of their guns in their car and not declare it, or try to bring all kinds of absolutely ridiculous stuff into the country without declaring it. The people who cross the border on a regular basis, like a dozen times a year or more, know the system and policies.

It's the tourists and people who rarely cross that have never encountered CBSA that try to treat Canada like some kind of theme park. They're also often unprepared with appropriate ID, documents, receipts and stuff and get weird when CBSA starts asking them exactly the same nature of questions that CBP asks of people going southbound.

I would also emphasize that CBSA knows how often you cross, through a US-Canada data sharing agreement. An ALPR system takes a picture of your license plate on your car and very quickly queries a database, for information presented to the question-asking-person, as your vehicle approaches the window. This is assuming you're driving northbound of course. Even if that doesn't happen, they'll ask to see your drivers license along with your passport and immediately know you don't reside anywhere near the border.

They know immediately if the zip code where your car is registered is somewhere close to the border, or is very far away from the border. And if you have, or have not, crossed the border recently. It's people from very far away from the border that rarely if ever cross who also think they can take their guns, drugs, etc into Canada and won't get questioned about it.

In '09, after getting laid off I did a road trip around with provisions for "I could go camping if my road trip took me that way." No fire arms or criminal record.. but I'm getting to that.

So, going from Seattle up to Banff by way of the Sumas / Huntington crossing...

I went in and was asked for the purpose of my visit ("tourist"), duration of stay ("one to two weeks, no more than two"), for my occupation ("I am currently unemployed") and my permanent residence ("I am currently without a permanent residence")... and the officer looked at my car with camping equipment for more than two weeks... and I was sent to have a bit more of a discussion with an agent.

Parked my car and went in and waited. While waiting, another family was moving from Washington to Alaska... and they were having difficulties. Three vehicles, four possible drivers, though one was an older woman. One car contained a rifle and one of the drivers had a criminal record.

I got to the counter after an hour, explained, was denied entry but that could be rectified if I came back with proof of ties to the United States and proof that I had sufficient funds to be able to stay the duration of my stay without needing any employment.

So, got back in my car, got in line to go back to the US and called my parents on my iPhone (still a rather new tech). They happened to have been at the insurance company when I called, and so got insurance for the car that I was driving for Canada - and sent a photo of that insurance and their drivers licenses with the address clearly visible. Got to the US border agent who was confused that I hadn't entered Canada but was clearly coming from Canada and sat in that office for a little bit while they looked to see that yes, I was an American citizen.

After half an hour there went to the ATM and got a balance of my accounts. I had more than sufficient funds in the account, and then went back to the border crossing. It was the same agent at the crossing so I didn't need to explain again, but said I had the necessary proof (which surprised him that I got it that quickly) and had me park again and go in to the office.

In the office, the family was still trying to figure out what to do. An hour later after they decided that the brother with the criminal record was going to walk back to the US side and that they were going to pay an arm and a leg to register the rifle I got to the counter, showed my parents drivers licenses ("this is where I am going, I had some time without any responsibilities and so decided to tour North America"), the photo of the car insurance for Canada (they called that one in and verified it... again, surprised that I was able to get it so quickly), and matched the account on the ATM receipt with the account that I had for my card... and let me in with some paperwork in my passport noting that I needed to provide that paperwork when leaving the country otherwise entering again could be problematic.

Anyways... I had a great time in Canada. Loved Banff and later Waterton. Handed over the papers to ensure I was leaving at Chief Mountain. I'd love to do it again some day... the drive from Kamloops to Banff was one of the most enjoyable "just driving" days I've done.

It took a while, but trying to cooperate to the best of my ability and that new "sending pictures around" technology really helped.

Glad you got to experience Waterton. Many Canadians will eventually go to Banff or Jasper (though it's surprising how many people here in Ontario where I live now have never been west of the province, but almost all have been to the US)... but almost nobody gets to Waterton and it's a jewel that most people don't even know about. Haven't been since I was 14. I lived in Alberta but it was still an 8 hour drive.

Going to Waterton, as I said, I was prepared for camping... got to the gate and the ranger looked at my car and informed me that the campground was full. However, camping was my backup if my first choice was not available... staying in the Prince of Wales. It was beautiful.

A selection of some of the photos I took there. https://imgur.com/a/stdkS0c ... some are memories, some are trying to capture the beauty of the area. I don't have them on http://shagie.smugmug.com because technically I was a tourist rather than a photographer and selling the prints gets into potential future visa issues. The rock formation is a nice, compact chevron fold.

When I was there in the late 80s as a teen we camped, but the campground was really just a big open flat area with no trees.

I recall doing the long walk into town and dumping quarters in the Bubble Bobble machine they had in the arcade there.

Met a cute girl there.

Beautiful. Thanks for sharing your story and the photos.

Unfortunately, most of Waterton burned in 2017. The Prince of Wales Hotel survived, but those trees are all dead. It will be decades before it looks like your photos again.

That's disappointing... and I see that Athabasca Falls also had a fire ( https://youtu.be/kljQc4ycIs4 ).

I don't have any great photos from Athabasca area... some of the other photos...

https://imgur.com/a/c2Ep6ox

The style of waterfall photographs that I find myself drawn to are high contrast, narrower field of view that have a... "story of the water". You need to be able to follow it through the frame. The great spouts aren't ones that I find interesting. I much preferred Romana falls (Mount Hood - https://shagie.smugmug.com/Nature/Waterfalls/Ramona-Falls ) and Burney Falls (near Mount Shasta - https://shagie.smugmug.com/Nature/Waterfalls/Burney-Falls ). While they're veils of water from high cliffs that crash onto rocks far below, I can photograph them... intimately. They are majestic, but there are so many parts to them that tell their own "story".

https://imgur.com/1o6BVGR - I think this is from the Lake Louise area. Not sure, it's not labeled but it's date stamped near other photos in that area.

https://imgur.com/joZFgVT - Another example of "intimate photos of grand nature" - this is a small part (from where I stood https://www.google.com/maps/@52.1765131,-117.0554424,3a,75y,... ) of the mountains.

https://imgur.com/SmKxAeQ - I have it labeled as "Lower Brenda Falls" in my photos. I think its from Waterton area... Ahh... looking it up, Bertha falls. https://www.google.com/maps/place/Waterton+Lakes+National+Pa... (I'll be fixing that up in my albums)

And even then, a fire can show the recycling power of nature. https://imgur.com/IHQhm7z and wildflowers are once again freed from the seed bank. https://www.google.com/maps/place/Marble+Canyon+Trailhead/@5... - I was there in 2009, the fire was from 2003. https://cyclewriteblog.wordpress.com/2015/01/01/natures-riot...

(See also the "Cheeto truck explosion" on the road to Yosemite after the area had a wild fire through it - https://shagie.smugmug.com/Nature/Wildflowers )

There's still plenty of beauty in Jasper after the forest fires

https://photos.app.goo.gl/A8LypichDTns3n1V6

I'll have to try to get out there this summer/spring, wildflowers tend to emerge after mass fires like that.

The road up to Marmot Basin was just crazy when I was up there this winter. Desolation.

They gotta keep the criminals out somehow. I know quite a few well to do white men with DUIs that kept them out of Canada and I can't blame Canada for it. I think any Felony will keep them from letting you in.

Which is why Trump should be banned from entering as he is a convicted felon.

It’s a bit more complicated than just “any felony” - among other factors, Canadian immigration law considers how Canadian criminal law would treat the offence, as well as how long it’s been since the sentence was completed. And there are discretionary provisions to allow ministerial overrides, as I’m sure they’d do for Trump during his presidency if he would otherwise be covered.

But you’re right, it’s absolutely true that Canadian immigration law treats DUIs by foreign nationals far more harshly than US immigration law does (assuming simple DUI in each case and not something with complications like someone getting hurt or killed).

Only negative border patrol experience I’ve ever had was crossing the Canadian border.

I got lots of questions going from the US to Canada. But we were just waved through going in the other direction.

I'm an American and I was annoyed at how aggressive and militarized the southern border is.

I was on a big road trip across the country visiting national parks. I went to Organ Pipe Nat. Monument in Arizona which literally touches the Mexican border.

On my way there I drove through a border patrol checkpoint 10 miles north of the border inside the US. They don't check southbound traffic, only northbound. I never entered Mexico. On the way back I had to stop at that border patrol checkpoint. The border patrol agent was basically yelling at me for my passport. I told him I didn't have it with me. He yelled to see my driver's license. I gave it to him and he yelled at me "Why do you have a North Carolina driver's license?" I replied that is where I live and that is my home address on the license. He then screamed at me "Don't you know this is a prime drug running area?!" I told him "I have no idea and I'm not interested in drugs. There is a national park area 5 miles away, don't you get a lot of tourists here going to see that?"

I then noticed in my rear view and side mirrors that another agent was going around my car with a dog sniffing around. After about 2 minutes I saw the dog agent give a thumbs up and the rude agent said "Okay, you can go but you should carry your passport"

I had less rude experiences in Texas and California but still overly suspicious border patrol agents. One guy asked me what all the stuff was in my car. I actually offered him granola bars and soda cans and then showed him landscape pictures on my cameras. He realized that I was really a tourist and not into drugs or helping immigrants cross.

> Okay, you can go but you should carry your passport

Funny, since half of U.S. citizens don't have a passport.

I thought you only need a passport if you're crossing international borders?

If you leave US mainland customs zone and go to saipan or Guam or something it will probably slow you down and they might claim you need it, even though you don't. Also Mexico never changed their law like US did, iirc you can still enter Mexico with a birth certificate.

If you're near a port of entry, you actually can be stopped at any time to be asked for proof of citizenship/visa/etc. See also https://www.aclu.org/know-your-rights/border-zone There are plenty of border patrol stops along highways that never cross a border where you'll be routinely stopped.

In practice, that means "near the border with Mexico" where there are border patrol stations along highways well inside the US that do routine stops, but technically it applies to any port city as well.

_Technically_, if you're a US citizen, you're not required to have proof of citizenship on you. But a drivers license in the US does not show that you are a citizen, and they absolutely can stop you from leaving (at least long enough to mess up your day plans) if you cannot actually prove citizenship in practice. It's just a _lot_ easier to have a passport on you. Passport cards exist mostly for this purpose.

E.g. I lived in Texas for a long time and have a passport card for that specific reason. Driving down to the beach or just going on random trips involves passing through border control stations even though you never leave the US or even get particularly near the border. Your chances of just going to visit a friend in south Texas and winding up needing to pass through a border control checkpoint due to unplanned road closures/etc are pretty high, so it's best to have a card in your wallet at all times that counts. Most remote highways have them as soon as you get back near a town. Most of the time, they'll wave you through pretty quickly, but it's just a lot faster process if you have a passport card and not only a drivers license.

Side note: A friend of mine was a park ranger at Carlsbad Caverns. He picked me up at the El Paso airport and we were driving to Carlsbad. We went through a border control checkpoint. They threatened to arrest him on the spot because he had his park service uniform hanging up in the back, but no employee ID or other proof that he actually was a ranger. They said he was impersonating a federal officer. They made a big deal of it and made us wait while they called the park to verify he was employed (and that didn't work because it was about 8pm). We eventually got let go with a warning after he found random online photos of him giving cave tours and convinced them that he couldn't possibly have staged a ton of random folks on the internet to have him in the background of photos.... But still, it was kinda nuts...

I think people often think something they did or didn't do lead them to be fucked with. Having gone through the border and checkpoint many many times with absolutely wild variation despite doing same stuff, my observation it is 99% whether the officer is bored or sadistic and 1% the totality of the situation.

Slight correction: "enhanced" driver licenses are citizen-only, and this is actually checked during issue, so they can also serve as proof of citizenship.

Nope, that’s a decision made by each state.

Enhanced driver licenses, not regular ones. These come with a whole lot of federal strings attached, and exist pretty much entirely for the purpose of traveling across the border without a passport. As far as I know, the feds require citizenship checks for any participating state.

Now, in some states, regular driver licenses have a citizen or non-citizen marker on them, but that's a whole separate thing (and AFAIK the feds don't consider them sufficient proof in any case).

States can give out enhanced driver's licenses to people who are non citizens. The only requirement is that they are here legally at the time.

That’s not correct. An enhanced driver’s license requires US citizenship.

https://www.dhs.gov/enhanced-drivers-licenses-what-are-they

You're right, I was confusing REAL ID with "enhanced drivers licenses"

To clarify some of the confusion in this thread, a REAL ID driver's license is completely different from an enhanced driver's license. A REAL ID meets federal security standards and is available in all states. An enhanced driver's license proves U.S. citizenship and includes RFID but is only available in five states.

carry minimum documents especially inside the country.

It’s the most “powerful” of all the US identity documents. It’s a good idea to have one even if you don’t intend to travel.

It is insane to travel without a passport. How is it even possible! Americans are living in some weird timeline.

Falsehoods Programmers Believe About International Borders

They were on a road trip in the United States and never crossed an international border. Why would they need a passport? I've never taken mine on a trip like that.

It's pretty common around the world.

EU citizens don't need a passport to travel across the EU (even outside the Schengen area, where you have to go through a border check), they just need an identity card.

(most) EU citizens could also travel to Turkey with their identity card.

EU citizens could travel to the UK with their identity card, for a few years after Brexit, as long as they got UK (pre-)settled status.

Russian citizens can travel to Armenia, Belarus, Kazakhstan, and Kyrgyzstan without their international passport. They instead have an "internal" passport (meant to be used like an identity card, and for travel to closed towns inside the country), which is recognised by those other countries.

The same applies in the other direction for citizens of nearby countries travelling to Russia (even in the case of an Abkhazian internal passport. Abkhazia is recognised by only ~6 other UN member states).

I'm not sure in which way a US "passport card" differs from a plastic identity card. But it's notable that a few countries don't have either (UK doesn't... Russia and a few neighbouring countries, as mentioned before, instead have an "internal passport")

Of course, something in common with all the examples above, and with US citizens travelling to Mexico, is that you're travelling to neighbouring countries with friendly relations.

> I'm not sure in which way a US "passport card" differs from a plastic identity card. But it's notable that a few countries don't have either (UK doesn't... Russia and a few neighbouring countries, as mentioned before, instead have an "internal passport")

US simply doesn't have any official identity card.

So they make up replacements for when it's convenient to actually have one.

I suppose the goal is to encourage innovation in the identity theft industry... after all it adds to the PIB doesn't it?

Circa 2018, I was travelling from Greece to Germany. For whatever reason, the Bundespolizie decided to check everyone’s passports. In particular everyone from Ireland was demanded to have a passport - their identity card wasn’t good enough.

They probably singled out Irish citizens because Ireland (just like the UK) doesn't provide ID cards...

But they have a "passport card"

https://www.citizensinformation.ie/en/travel-and-recreation/...

I don't see why Bundespolizie would have had to treat people differently, alas it's usually difficult to argue with a foreign country border police

> Of course, something in common with all the examples above, and with US citizens travelling to Mexico, is that you're travelling to neighbouring countries with friendly relations.

Militarily speaking, yes. But unlike the other examples, there is a huge economic difference between the US and Mexico, meaning migration flows exclusively one way. Illegal crossings are extremely common and the US has strong incentives to prevent them. It's hard to compare the US-Mexico border to any other border in the world.

To add to that: in virtually every country in South America their citizens can visit the other countries in South America with only an ID card, no passport necessary.

I have a US passport. I use it when I go to another country.

When I have traveling within the US I never take my passport. There is zero need and I may lose it so why even bother taking it when it serves no use?

My trip was a 6 week long road trip from the south eastern US through Texas, New Mexico, Arizona, California, up to Seattle in the northwest, and then back to the south eastern US.

I had no intention of going to Mexico or Canada. They are fine countries but that was no the intent of this trip so I left my passport at home.

During this trip I learned that the US border patrol has set up border inspection points about 10 to 50 miles inside the US. Most of the southern border are remote desert regions where people can cross on foot and then try to meet up with someone in a vehicle on the other side. So the border patrol doesn't just patrol the actual border but has checkpoints inside the US on the roads near the border.

You don't need a passport to get through these as you never left the country.

But I was driving a vehicle (Honda CR-V) with an open cargo area that showed it was full of luggage, bags of food, and lots of water bottles. I probably looked suspicious like I was picking up immigrants on foot or smuggling drugs.

I wasn't. I was on a big road trip and wanted to be prepared for days if my car broke down on a side road and I was stuck in a desert area waiting 3 days to be rescued.

It is as bad as it has ever been………

But border patrol has always been a bunch of small dick assholes, all the way back to Obama.

My wife and I adopted a child from another country. He was 18 months of age at the time.

We flew into LAX. We were exhausted from a long flight. We got to customs. Agents approached us and said that they had a few questions and said that I (the father) needed to collect our bags and they would escort my wife(us citizen), my oldest son (us citizen), and my youngest son(adopted foreign national) to the waiting area.

I got our bags and tried to rejoin my family. They denied me entry. Said they had questions for “them”. After an hour I started to have to raise hell because I had all the supplies for my family. Diapers. Food, etc. I was told it obviously took us a while to adopt this kid so we can wait longer.

I eventually stated that they were illegally holding two us citizens and I was going to call 911 for them to take me serious.

They acted like they didn’t know my wife and oldest wee US citizens. Bunch of bullshit. Fuck those assholes and every one of them that continues to violate our constitutional rights.

Signed

12 year US Navy Civilian.

Now imagine you had no recourse to citizenship and how terrified you would feel. Threatening to call 911 would lead to escalation of crisis rather than its opposite.

Having seen what the US gov't did to Maher Arar 20 years ago, I have never felt comfortable crossing that border since, despite being a white middle class Canadian of no suspect at all. Just place, wrong time, wrong person, and it can go so, so badly, without any recourse.

Lol they've wisened up to that, now they just take your phone in secondary. If you are a veteran they likely just see you as more of a threat.

Did the adoption agency warn you about crossing borders?

Many families with recent adoptees have terrible experiences. It’s sad, but it’s important to prepare for it.

Adoption and human trafficking can look very similar. And border guards are often assholes.

> all the way back to Obama.

I, a natural born US citizen, was a student in the Bush years and I'd drive up to Canada. Coming back, the US guys were always aggro and weird. I had one guy smelling my laundry.

At the time I figured it was some post 9/11 BS.

Hope it wasn’t the underwear specifically.

Sexual harassment and assault, such as illegal strip searches and the conditions at women's detention facilities, is a common form of Immigration abuse. This comment is an important reminder of just one form of that.

Agreed, I wasn’t trying to be sarcastic. I’m afraid that the officer was simply being a sicko rather than actually “investigating”.

US citizen here in Michigan, grew up and currently live near the border with southwest Ontario.

For as long as I can remember it's just been known that going to Canada the border control folks are friendly, and coming back into the US is a mixed bag. Sometimes things are fine to cold, other times it's like the folks are having a bad day and taking it out on you.

And this is just me, rando US citizen without any criminal record, going to Canada for random couple-day touristy things. Seeing Toronto, Niagara Falls, hiking, etc.

I always had the impression that this is how they were trained. Like it's part of the homeland security/border agent training to act as hostile as possible. I've never had a positive interaction with an US border patrol.

Were they doing it because they thought you were immigration illegally or because they thought this could be human trafficking situation?

I don't think either one is the case and obviously I know nothing of your situation besides what you've said, but I can understand why they might be suspicious if a couple of Americans leave the country and come back with an infant that was not part of their family when they departed.

Again, I'm not saying that I think that this is true or even that their concern is reasonable in this specific situation, just that there is another explanation for this other than power tripping racist border thugs, and depending on circumstances it may have been prudent.

Being snarky when you are holding all the power in a power imbalanced situation, is never prudent.

I am Canadian and I have always had an easier time crossing Into the US. I have been detained multiple times from the Canadian side.

I took an espresso repair course just across the boarder in Washington and on my way back I was detained for hours and questioned very aggressively because "there is no such thing as an espresso machine repair course".

That being said, I don't doubt the American side can be tough too, though I have never experienced it.

She crossed overland from Mexico for some reason, not from Canada. The linked article says: "Then they came back and told her that, because they were denying her, that they have to send her back to Canada."

Is there a policy that requires that people denied entry be returned to the country they are citizens of?

From what I read, the Canadian consulate can't do anything for her.

They have her in their system, and she has no rights.

I read that she was scheduled to be released (sent back to Canada) today, but I can't find any more recent news either way.

In a way it's a story only notable because she's middle class and white. These kinds of things happened routinely to people with Arabic or "Muslim" names for a disturbing amount of time after 9/11. Maher Arar being the most famous case.

It is sad that this is now a priority for so many only now that it's affecting affluent white people.

They didn't care before, and they only care now for self-preservation.

Mexico would have to officially accept her as a deportee. I’m sure it’s possible, but they “can’t” just let her walk back across the border.

That's extraordinarily unusual and in my experience has only happened when CBP believes that the applicant was lying or has a criminal record so I wouldn't base the decision on where/how to apply on this very low risk. Depending on the TN application, there are better and worse ways to apply for a TN and from an outcome standpoint, sometimes it's better to apply with CBP at the border or with CBP at a U.S. airport by flying directly to the U.S.

You don't think border processes are becoming uncertain now and relying less on precedence?

A land-border crossing in Mexico? 100%, yes.

With all respect, everything happening in the US at the moment is "extraordinarily unusual" today.

Tomorrow it will be the "new normal".

According to this article, Canada rejected her entry as well. Maybe it's not just the US, but this person actually had a real issue with her visa and her travel plans were not prepared well.

https://www.bbc.com/news/articles/c80y3yx1jdyo

"...when she reached the border [Canada], Mr Burke said the Canadian authorities denied her entry as they were concerned she may try to work illegally."

Different person. The person mentioned in the top-level comment is surnamed Mooney.

canada cannot deny canadian citizens entry

According to other sources, this was an unusual case. She was a Canadian trying to enter from Mexico, who had been told back in November that her visa was no longer valid.

Preclearance locations have more traffic and so tend to have more nasty interviewers and more random denials. TN interviews elsewhere are much friendlier. Choose a land crossing if possible.

I’d rather be told “no” than end up in detention.

If my asylum application gets denied, what options do I have? I came to the U.S. as a minor and have little to no memory of my original country. I applied for asylum in 2016 and have been waiting for an interview ever since. Given my pending status, are there any other pathways to obtaining a Green Card or legal residency that would allow me to travel?

Edit Additional Question - Some of us like myself, came to the U.S. as children, following our parents after being forcibly removed from our home countries by authoritarian leaders who targeted us because of our "tribe". Despite this, the current climate often unfairly associates undocumented immigrants with criminal activity. How can someone in this situation avoid being wrongfully labeled as a “criminal immigrant,” especially in the event of an ICE raid?

I am neither OP nor a lawyer at all, but I do have experience watching authoritarian regimes destroy a country in real-time. One of the most terrifying things to me is the breakdown in the rule of law, because you no longer have any expectations to plan against, and anything can happen.

I would never counsel against getting legal advice, because competent legal advice is going to be one of your best assets for planning every possible future outcome. But I would caution you that in this environment, you also need to plan for what to do when the legal advice can no longer predict or inform outcomes.

Sometimes there are employment-based green card paths that can help for those seeking asylum but whether going down this path would allow you to travel would depend in part on your immigration history - what your status was when you came to the U.S., when you/your parents applied for asylum, etc. If you haven't already, you should speak with an immigration attorney to look at all options, including those based on employment.

That would be an employment visa, not green card. It can lead to a green card in some cases but it's complicated (depending on the country of origin it can take an extremely long time)

Historically, bona fide marriage with US citizen allowed the best way to legalize. I don't know if that changed recently.

It’s unreliable and recently ICE has deported people who are attempting to legalize their status. https://www.nolo.com/legal-encyclopedia/free-books/fiance-ma...

https://www.cbsnews.com/miami/news/south-florida-ice-hsi-mig...

were you a son of an asylee that then aged out? If so, you may want to look at the asylum “nunc pro tunc” process

Hi Peter, thanks for doing this over the years, when going through my own immigration journey reading through your past AMAs was a huge help.

For reference, I'm a Canadian who just moved to the US on a TN Visa and I've got a few questions:

- What would you say the percentage likelihood range is that the TN Visa is no longer an option for Software Engineers in 3 years time.

- With the news of USMCA talks reopening, is it advisable to switch to an H-1B visa?

- How long would it take for the government to eliminate the TN Visa, considering the complexity of the process?

- If the TN Visa is discontinued, is it safe to assume those already on it will be allowed to work in the US until their Visa expires?

I would never have thought that the TN would be at risk but if relations between the U.S. and Canada continue down the path that we're on, then I don't think it's out of the realm of possibility. I'm not sure how long it would take for the U.S. to get out of the free trade agreement but if the U.S. were so motivated, it effectively could kill the TN very quickly, even if just by policy and practice. So yes, if you can, it probably makes sense to start looking at options to get off the TN, such as the H-1B (but subject to the annual lottery), the O-1, and the E-2.

In my experience, big tech companies ask their TNs to start participating in every H1B lottery as soon as they join, and switch them over as soon as they bag a spot.

TN renewals are risky because you can be arbitrarily judged as having immigrant intent and get rejected, especially the more times you keep renewing them. H1B in contrast is dual-intent so this risk isn't there. Just my IANAL understanding of things.

Hi Peter, Thanks for doing this. I am a Canadian citizen born in India and ~ 6 months ago moved to work for a FAANG company on a TN visa from Canada.

The company applied for H1B visa lottery this year and awaiting the results for that.

My question is if I get through the H1B lottery

- How does it impact my options to switch employers in the future? Would I be able to work on H1B for future employers?

- My partner (Canadian citizen) is currently on a TD visa (which does not allow work) but actively searching for positions eligible under the TN categories. If my status changes to H1B, would she be ineligible for a TN visa?

Are there any obvious advantages of H1B other than eligibility for applying for a green card (which is a loooooong wait for people of Indian origin)

In order of your questions:

1. The H-1B is easily transferrable to another company (as long as the position meets the H-1B requirements). 2. Yes, she still would eligible for the TN if you changed to H-1B. 3. That's the main reason; it's really impossible for Canadian citizens born in India (or China) to pursue a green card while in TN status (without jeopardizing that status). Also, under the current law, an H-4 spouse can apply for a work card if his or her spouse is in the green card process (specifically, has an approved I-140) and is from a backlogged category or country like India.

> Are there any obvious advantages of H1B other than eligibility for applying for a green card (which is a loooooong wait for people of Indian origin)

Was your partner also born in India? If not and you get married you can use their country of birth for the green card, even if the green card is being sponsored by your employer. Maybe you're aware of this but just to say if you're not.

ask company to bring you on a L visa. H visas are not a good option for transfers, only new hires.

Depends on how you look at this. L visas are not subject to lottery, but then that brings much more scrutiny from USCIS. Also, you are tied to your employer, you cannot change jobs easily. H visa, once you get it by lucky draw, gives you much more flexibility. And it's perfectly fine to use H-1B for intra-company transfer.

You’ve got it reverse. You can transfer H1b to another company (without going through lottery again) but you cant transfer L1 visa to another company. L1 visa is used to transfer an employee from a foreign branch to the US branch of the same company, once in US if they want to change the company the new company has to sponsor their H1

i got his comment wrong then. looked like he just going to the USA office of a place he's already working at overseas

How do you protect people visiting or participating in YC from ICE? There have been two dozen stories of random tourists being disappeared for no good reason from all over the US.

Given that the policy is in the very early stages of implementation we can expect those numbers to reach the hundreds, thousands and tens of thousands in the next few months.

> There have been two dozen stories of random tourists being disappeared for no good reason from all over the US.

Really?

That is frightening. I plan to be a tourist in the USA within a decade.

Can you expand on that?

It's BS. Random tourists aren't being "disappeared for no good reason". A "tourist" that overstayed by 2 years without applying for a Visa and/or started working here are being deported back to their home nation - in accordance with the law.

There's a tremendous amount of scaremongering, fearmongering, and misinformation being thrown about currently. Majority of it is very much over stated hyperbole.

> Canadian woman put in chains, detained by ICE after entering San Diego border

> She said the officer refused to allow her to go back to Mexico and ordered her to be detained. She was kept in a cold room at the border by CBP before being arrested by ICE, who placed her at the Otay Mesa Detention Center. Mooney claimed in the middle of the night she, along with a group of 30 other women, was rounded up to get transferred to a facility in Arizona. CBP wouldn’t tell Team 10 the reason for Mooney’s detention, citing privacy restrictions.

https://www.10news.com/news/local-news/never-seen-anything-s...

> A German tourist detained by US immigration authorities is due to be deported back to Germany on Tuesday after spending more than six weeks in detention, including eight days in solitary confinement. Both Germans were held at the Otay Mesa Detention Center, a prison in San Diego, California. Brösche and Lofving had attempted to enter the US from Tijuana in Mexico on 25 January.

https://www.theguardian.com/world/2025/mar/11/german-tourist...

If you believe that's the entire story - walked across the border was arrested - then I have a bridge to sell you...

If you were right, they could easily clear the record by actually charging her. In several of the cases, they held people for extended periods rather than letting them leave the country which they really shouldn’t be doing if they don’t have enough evidence for at least one charge.

The linked articles have no information in them, except a sob story told through one perspective.

For all we know, the US was coordinating extradition or release into their home country. A person attempting to illegally crossing the border (such as the two in the article) have committed a crime and could be held on that alone - yet they were released back to their home country. Seems like a pretty good ending for them, unless you are advocating they should be charged and imprisoned here for longer?

What sort of fucking shithole backwards country locks people up for weeks (including over a week in solitary!) for arriving with an invalid visa? If you think that is a proportional response you are a nasty, nasty person.

One that has individuals in government with a history advocating for private prisons where most undocumented immigrants are housed. 6 weeks probably leads to some solid profits for the bottom line.

Solitary is probably a bonus charge.

> What sort of fucking shithole backwards country locks people up for weeks (including over a week in solitary!) for arriving with an invalid visa?

The USA.

Or Russia

Tweedledum and Tweedledee

Needs to be some reciprocation on American “digital nomads” on tourist visa.

> The linked articles have no information in them, except a sob story told through one perspective.

Here, how about this article: https://www.cbsnews.com/news/jasmine-mooney-canadian-detaine...

If this is not sufficient (It includes statements from an ICE spokesperson), then please do mention what type of evidence it is that you're looking for.

> For all we know, the US was coordinating extradition or release into their home country.

The evidence that we have does not indicate that, and in fact, indicates that these Jasmine Mooney was unnecessarily held for 6 days across two different locations, then unnecessarily transferred to Arizona for an additional period of time.

It seems like a very faulty thought process to pretend that there exists evidence to contradict what the current evidence suggests, rather than to simply base your judgement on available evidence.

> A person attempting to illegally crossing the border (such as the two in the article) have committed a crime and could be held on that alone

Jasmine Mooney - a Canadian citizen, was crossing the boarder, with the paperwork for a work visa, in order to turn them into the US consulate to apply for the visa. This isn't even required by the way under NAFTA: https://www.uscis.gov/working-in-the-united-states/temporary....

It specifically notes that Canadian citizens need not apply at the U.S. consulate, contrary to the information provided by the customs agent.

How reasonable is it to you, that a person would attempt to follow the correct procedure to apply for a work visa according to the U.S. government's own website, then be detained and transferred several times, one of them being literally to a detention facility 209 miles away simply because her visa was denied at the border of Mexico (Before she even entered the U.S. by the way)

Here's another source for this, which includes statements by an immigration lawyer noting how unusual the handling of this is: https://globalnews.ca/news/11080371/canadian-woman-detained-...

> Seems like a pretty good ending for them, unless you are advocating they should be charged and imprisoned here for longer?

How is it a good ending to be detained and transferred hundreds of miles because paperwork at the boarder isn't correct? Isn't the whole point that they shouldn't be in the U.S. at all? So why is it then that we waste so many resources to send them all over the U.S. instead of just denying entry?.. How does this make any sense to you?

Immigration proceedings are usually administrative, this is why people often proclaim that visa violations are as same as parking violations. So there is no need to charge as there is no trial and there is administrative detention among the punishments. On the same note, "immigration judge" is not a member of the Judiciary but an officer of the Executive branch and "immigration court" is an Executive office as same as DMV.

There are criminal charges possible but are not necessary to indefinitely detain and/or deport any non-citizen who appeared on the border.

Again, my point is simply that if there were some more serious offenses as the person I responded to alluded they could easily respond to reporters saying this isn’t a simple administrative mistake.

You seem to be confused over the meaning of word "administrative". In this context it means that the matter is entirely in the hands of the executive power so there is no charging and no trial.

Well maybe not arrested. CBP has jailed me before but it wasn't an arrest since it is administrative. You can't even contact a lawyer like an arrested person can.

Next time you live your country I wish you can feel what arbitrary tyrannical treatment at a border feel like, because it seems you are of the type that has to feel it themselves to learn.

The German tourist is a tattoo artist traveled with her gear. Based on another article (in German) she used a tourist visa but had clients lined up. She should've used a business visa.

[edit] Found an article with more info "[her US friend] told CNN that her German friend was joining her in Los Angeles to tattoo her. She speculated that immigration officials may have misinterpreted Brösche’s statements about the project as a declaration that she’d come to the US to work." https://edition.cnn.com/2025/03/04/world/german-detained-ice...

As an IT worker I'm worried of cause because my 'gear' is a laptop and I usually travel with a laptop.

I decided not to visit (let alone work in) the US until it has adopted legal standards and enforcement that are suitable for a developed nation. The latest political developments have tanked my trust in the US even more.

And I don't mean you can't somehow get legal remedies when you have sufficient funds and time if someone mistreats you. In the US you can even get legal remedy when you were in the wrong, if you have the funds. I mean that the people down on the ground seem to act with arbitariness and no respect for the law or what is just, be it the police, border officers, employers, or whatnot. Police officers telling a perfectly calm person they are "resisting" is not normal. And the fact that a whole society seems to have given up on trying to solve that kind of uncivilized behavior (or is even defending it!) makes it worse.

If I want an adventure that can end my life I go into the mountains, there at least the air is nice.

Same here. I hate having to do business trips to the US. Unfortunately, our most important customer is from there, which forces me to travel once in a while. But the whole experience just sucks.

A British tourist has been in immigration detention for weeks after she was accused of “working for room and board” by doing some household chores while staying with a family in Portland.

https://www.thenewstribune.com/news/local/article301877574.h...

Sources say otherwise: https://www.theguardian.com/world/2025/mar/11/german-tourist...

https://www.nhpr.org/nh-news/2025-03-14/green-card-holder-fr...

> Senior described Schmidt being “violently interrogated” at Logan Airport for hours, and being stripped naked, put in a cold shower by two officials, and being put back onto a chair.

> She said Schmidt told her immigration agents pressured him to give up his green card. She said he was placed on a mat in a bright room with other people at the airport, with little food or water, suffered sleep deprivation, and was denied access to his medication for anxiety and depression.

I wish it was just deporting back, putting in them in inhumane conditions is whats happening now. This admin is fcked up. No misinformation its happening

Hello Peter, I have a situation. I am on H1B and I am being forced out of my job. My wife is also on H1B. After consulting some attorneys, I have decided that I will move to H4 status under my wife, while I search for the new job. Will this protect me until I get a new H1B with new employer soon? What should I be cautious about? For what it is worth, I also have EAD through I-140 pending, but I am deciding not to use the EAD and move to H4 dependent as soon as my H1B expires when I terminate my job. Let me know if I have to be cautious or aware of any circumstances that can put me or my family situation in jeopardy.

That's probably the right advice, you don't have to be cautious, you can look for work while in H-4 status (or while an applicant for H-4 status). The issue is this: if you find a new H-1B employer before your H-4 change of status application has been approved, while the new H-1B employer can file an H-1B petition for you, upon approval you likely will have to depart the U.S. and reenter with a new visa (if your previous H-1B visa has expired) or reenter with your previous still-valid visa and new H-1B approval notice. The point is this: USCIS likely will consider you ineligible for a change of status to H-1B when your underlying status is not H-4 but an applicant for H-4 status.

Hey Peter! In the current climate, what steps would you suggest for foreign-origin workers to stay safe from being detained? I know some of my foreign-born friends are carrying their EADs with them in case they are stopped by ICE, but in some statuses (e.g. H1B) that is harder to do, as you'd have to carry around your passport.

Strictly speaking, the law requires a foreign national to carry proof of status. It's not something that ever has been enforced but it might be now. Such proof would be a valid passport and the most recent I-94 admission record. If applicable, such proof also would include an I-797 approval notice and/or EAD.

Hi Peter, given that companies are constantly laying off employees, what options do people on H1B have in an event they are out of a job? One can find a job but a 60 day time restriction can be very challenging. It’s almost impossible to apply, schedule multiple rounds of interviews, get an offer AND file the immigration paperwork in that time. A lot of people have established lives and have been here for decades because of the green card backlog. How would one maintain presence legally in the US in such a case?

A few years ago when there were a lot of layoffs at big tech, USCIS published guidance on the options for those who lost their jobs. This guidance just validated what attorneys were advising anyway but it was reassuring. Whether USCIS will stick with this guidance is another question. But the main advice was to file an application to change status to B-2 or B-1 (if the terminated worker couldn't join his or her spouse's visa as a dependent). If the terminated worker was in H-1B status and filed such an application, then he or she would not have to go back into the lottery after finding a new employer. Because of the backlogs in most green card categories, a green card filing as a solution isn't a solution anymore.

> after finding a new employer.

Obvious question then does the employer and the job have to be similar to the job that they had (and how similar and what is the test)?

Not at all; the job just needs to be related to the employee's education.

@proberts - not sure how that works, can you clarify? I know that normal B1/B2 visa in theory allows 6 months stay in the US, so is that what you are suggesting? If you are fired from your job then just pretend to be a tourist for the next 6 months? Isn't that obviously violating the stated purpose of B1/B2 visa, and asking for a ban to enter the US in future?

before the pandemic there were vans interviewing and hiring people from big layoffs. this last one was the only to ever do real damage to the employees.

Do Greencard holders have right to Social Security? What can you do if you are denied it?

Background: I was a GC holder and the expiration date on the GC was past due by the time they processed my application for social security. BUT I had also already applied for citizenship, and when doing that online the website informed me that my CG status was automatically extended a year or so because I had applied for citizenship.

I showed the Social Security Administration the printout of the document that showed my GC status had been automatically extended. But they denied my social security application with the reason "We have not been able to determine your age is > 64".

I had been to the SS offices several times showing them my actual greencard and my valid passport from my country of origin. The government issued GC showed my birthdate. Also I showed them the printed social security statement they used to mail me every year or so, showing my age.

So it seems to me I was denied social security on totally false premises. They surely were able to easily and reliably determine my age.

How can this happen in USA? Why would they do this? Do they have a standing order saying "Deny every application you can if it is an immigrant?"

What should I do? Sue the government? (I understand you cannot give an exact recommendation what to do in this case, but would that be a viable practical option?)

Thanks

To follow up a bit: I got my citizenship. Then I was approved for Medicare. Then I applied for Medicate part C and D with the healthcare provider Humana. Humana initially approved my application but then sent me a letter saying my part C and D was DENIED the reason being: "Illegally present in US".

I have never been in the USA illegally but always had a valid visa until I got my citizenship. So where did Humana come up with the claim I was illegal? I can only assume that Social Security Administration told them so, perhaps to cover up their mistake that they had wrongly denied me social security.

Should I sue Humana or Social Security Administration?

This isn't really an immigration question so I would recommend that you speak with a benefits lawyer but it's always a good practice when something like this happens to submit FOIA requests with the appropriate agencies to try to find out what's going on.

Thank's for the tip. I've known about FOIA requests but never fancied I could create one myself.

It's more an issue with benefits than immigration like you say, but I just assumed I was treated badly because I was an immigrant, so immigrants beware.

Also I wanted to play nice I thought if I caused some trouble for them they would definitely treat me even worse. Immigrants don't have a similar feeling about their "rights", and what they can do, as perhaps native-born Americans have.

Hi .. wondering what the situation is for a senior Canadian scientist wanting to raise funds/do a start up in the US? Had H1B many years ago (and possibly have a year of time left on it .. not sure that matters). Lots of papers so can go the EB1 route if needed. Want something simple and straightforward. Is transferring via existing employer beneficial (with delaying future plans)?

Given your qualifications, either an O-1 or E-2 (requiring an investment of Canadian money) through your own company is probably the best option.

Hi Peter, I have a few questions:

1. I currently do consulting for US clients through a Canadian corporation. If I accept a full-time job in the U.S. (e.g., on a TN or H-1B visa), can I continue consulting for other clients?

   - Does the answer depend on the visa type?  

   - Are there any restrictions on self-employment or side income?

2. Can I set up a corporation (LLC, S-Corp, or C-Corp) in the U.S. while on a work visa?

   - Can I be a shareholder?  

   - Can I take dividends?  

   - Can I actively work in the business?

3. What legal structures allow me to maximize flexibility while working in the U.S.?

   - Would an O-1 visa allow for more flexibility?
  
   - If I move under a TN visa, can I later transition to an E-2 investor visa to run my own business?

4. What are the best options if I want to move to the U.S. while keeping the ability to do high-paid consulting?

   - Should I aim for a Green Card as soon as possible? 
 
   - Is there a specific visa category that would allow this?

Thank you for your help!

I'm not Peter. IANAL so do your own homework. However, I have been on TN visas for almost a decade.

1. Once you enter the US on a work visa, you are only authorized to work under the restrictions of that visa which are normally tied to a single employer. The "I was working remotely for a Canadian corp" does not fly legally speaking. Wherever your feet are are "where" you are working. That being said, one little known thing about the TN visa is that you are allowed to have multiple of them issued for multiple employers. If you get one from all of your clients, you can continue working for those clients while you are in the US. Practically speaking, they cannot tell you are working remotely and your clients are sending payment to the Canadian corp. However, if audited, do not expect to ever be allowed back into the US.

2. Anyone can start an LLC. You do not need a work visa. However, if you do not have work authorization to work for that company, then you cannot legally work on that business.

3. This is going to be a matter of preference and what you classify as flexible. TN visas are very convenient and issued at the port-of-entry which makes them quick to process. They are also indefinitely renewable and multiple can be issued for multiple employers. The other visas you mention will take months to process. The rules to transition to E-2 are clear "If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification."

4. Consulting is one of the most scrutinized jobs under the TN classification. I do not like being the bearer of bad news but obtaining a Green Card is now a 5+ year process unless you qualify for EB-1 or marry a US citizen which you can get right away. However, you probably do not qualify based on the fact you are focused on consulting. I am not an expert on E-2 visas so I don't know how consulting is treated under that visa but it may very well be your best bet.

Excellent responses. Thank you. I would add that the O-1 and the E-2 are probably the best fits to do consulting work for multiple companies in the U.S. but the O-1 requires a relatively high level of achievement and the E-2 requires a "substantial" investment by (in this case) Canadian citizens (which can include investments by you) or Canadian-owned companies and a business plan that shows the hiring of U.S. workers (citizens and permanent residents) over time.

Thank you both!

Follow-up question: do US employers ever provide assistance with O-1 or E-2? What is considered "a relatively high level of achievement"?

Yes, many U.S. employers, particularly those who don't want to lose out on good candidates, sponsor new hires for O-1 and E-2 visas. It's less about a "high level achievement" and really more about checking evidentiary boxes: an applicant must meet at least 3 of the listed O-1 criteria and very often for talented professionals at least 3 criteria are within reach.

Hi Peter. As always, thanks for doing this.

I am a Canadian currently on an H1B visa, valid until November 2026. I can probably recapture time until early 2027. I just got an EB2-NIW approved, but my priority date is in August 2024, and currently we are serving people in Apr. 2023. It will take at least until next year until I can file my I-485 and get my GC.

I am wondering what my options are in case I need to find a new job. My understanding is that the EB2 doesn't help me much unless I can truly demonstrate that the new job continues to advance the national interest in the same way, and that any deviation from what I wrote in my application is grounds to deny the I-485.

In case I can't find a new job that fits the exact description I have on my EB2-NIW, and I have to move out of the US, can I still file my I-485 once my priority date becomes current (and therefore get a GC)?

Your understanding about the exact fit between your NIW job and a new job isn't correct. NIWs are not subject to the same portability requirements as PERM-based green card applications. That being said, when you are able to file your I-485 application, you might be asked to demonstrate how your work is serving a national interest, even if this interest is different from the one in the NIW.

Peter, I'm a software engineer with a FAANG company, ~20 years experience and at the senior staff level. I lived in the US for a while with my family, and we all have green cards. Last year, we moved back to India (where we're from), with re-entry permits that are valid till July 2026. We'd like to continue living in India for a while (the next 8-10 years, till our kids finish school), but also keep our green cards so that we can move to the US afterwards without going through the Indian-citizen green card nightmare, especially for my kids. I go to the US every 3-4 months on work, my family less frequently. Been paying US taxes and no problems continuing to do so, but I don't own a house in the US. Is there a way I can keep my green card while living in India for 8-10 years? Or should I just give it up when my re-entry permit expires, and find a way to apply again?

Isn't the requirement 6 months per year in the USA minimum?

Sort of. You need to spend more time in the US than not, but even if you do 6 months every year, there's a high change you'll start to get tough questions when you try to reenter. Longer periods, it gets worse.

That said, the GC will only be taken away if (a) you give it up (you can be pressured into doing so though) or (b) an immigration judge takes it away (CBP can send your case to one if they think you are not living in the US)

This is why a reentry permit exists and that's what OP is talking about. It allows one to leave the country for two years and can be renewed (not guaranteed though).

8-10 years might be tough but definitely speak with an attorney to talk this through. Is this your first reentry permit because you can get reentry permits totaling 5 years?

Yes, this is our first reentry permit, and it has a 2 year validity.

So you should be able to get another reentry permit valid for another 2 years and then a third reentry permit valid for 1 more year. After that, it gets tougher and USCIS will look at various factors to gauge whether a green card holder has given up his or her green card, including time in the U.S., home in the U.S., assets in the U.S., employment in the U.S., family in the U.S., etc. But at a minimum, without a reentry permit, you should never be outside the U.S. continuously for more than 6 months.

I’m surprised green cards are available for people who don’t really live here and don’t plan to in the future. This is a scarce resource.

A friend has hired an engineering leader from Ukraine, entering via the United for Ukraine program which authorizes work in the US. Their family, who moved with them, is now very stressed because of the threat of losing work authorization and deportation. What are their options?

The threat is real, unfortunately. Your friend should look at switching him to a work visa, such as an O-1, which as an experienced engineer, the Ukrainian employee might qualify for.

In the event that the TN visa is scrapped, what would likely happen to current TN visa holders working in the US? Would there likely be some grace period?

Furthermore, supposing that no equivalent to the TN visa is proposed in its place, what would be you recommend to these TN visa holders?

Unless the basis for scrapping the TN were somehow that the free trade agreement was unlawful/invalid or the TN itself were unlawful/invalid, I believe that it likely would remain valid until expiration for work purposes but probably not for international travel purposes. What the other work visa options would be would depend on the person's qualifications and job; these would include the cap subject H-1B (but this is subject to an annual lottery), the cap exempt H-1B (available year-round but with a qualifying organization), the E-2 (requiring the creation of a company and an investment or employment with an existing E-2 qualified company), and the O-1 (requiring high standard of acheivement).

With the rising tensions between USA and Canada, what is the second best route (after TN visa) for a Canadian citizen to work in USA?

See my response above.

Possibly too broad of a question but any insight you can provide on the definition of "work" in the context of being a digital nomad in the U.S. would be helpful. For example, if I am a European citizen who works for a European company and enters the U.S. on a B-2 for a 2 week vacation, is it reasonable to interpret the prohibition on "work" as meaning I am not allowed to participate in the U.S. labor market but does not prohibit taking a zoom call with my team back in Europe? The common sense application of immigration law is that it's not work for immigration purposes but I'm curious if you have a more nuanced take and/or any insight.

According to "International Digital Nomads: Immigration Law Options In The United States Abroad" published in The Georgetown Law Journal[1] some jurisdictions have specifically said that it is not work which is what I'm leaning on for my current (optimistic?) view.

"Directors of the CBP office in South Florida, a leading winter locale for visiting “snow birds,” recognize that “[w]orking remotely from the US for a foreign employer, by itself, is not a violation of B visitor status” so long as “the work is incidental to the primary purpose of the trip,” which is a permissible visit."

[1] https://www.law.georgetown.edu/immigration-law-journal/wp-co...

The last paragraph is correct and well said; as long as the trip is "brief" (that is, you haven't effectively moved to the U.S.) and your work-related activities for your European company are incidental to the primary purpose (that is, your primary purpose is not to somehow work for your European company), then you should be fine. Where digital nomads run into problems is when they're spending a lot of time in the U.S. and effectively have moved to the U.S. as a visitor.

That's interesting. I would have thought that any work, incidental or not, would be a violation of the visa. I've heard of people being harassed for e.g. doing work on their vacation property (e.g. Canadians owning US property) while they were vacationing even when it's something small/minor.

Hi Peter, thanks for doing this AMA!

I’m a cofounder of a startup in the US. Two of us are here on green cards, but our third cofounder is based in Switzerland. He has a PhD from a top university, previously founded a company, and has raised over $30M in the past.

At what stage would it be possible for us to bring him to the US on a visa? Would it be:

- As soon as we incorporate a C Corp?

- After raising funding?

- Once we have revenue?

Are there any specific visa pathways (O-1, L-1, E-2, etc.) that would be most relevant for him, given his background?

Appreciate any guidance on this!

This should be an easy O-1 and you should kick off that process after you have incorporated the company (and done a few other easy company-related things).

I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?

There's ample legal precedent in the federal system that a green card holder is a "US Person" for many things related to the federal government. For instance, a green card holder can form a corporation, own an FFL, register it with the ATF, become an FFL 02/07 (firearms manufacturer), and even become a SOT (special occupational taxpayer), to manufacture, buy and sell NFA items (silencers). The corporation owned by the permanent resident can even manufacture post-1986 full auto ATF-defined "machine guns", to be retained/owned by the company, as manufacturer samples for demos and sales to law enforcement within the USA.

Permanent Residents are also treated as a "US Person" for the purposes of FAA pilot licensing, up to the largest categories of multi-engine jet transport aircraft.

This doesn't address what recently happened with one specific Permanent Resident that's been in the news, but it's a very chilling effect if suddenly green card status people don't have the right to the 1st amendment.

Until recently, I would have said that the only way a citizen could have his or her citizenship taken away was by committing treason but there has been talk by the current administration about expanding the grounds as well as increasing denaturalization efforts. The first Trump administration tried this but it was largely unsuccessful but it's a different administration and a different Supreme Court so I don't think concerns now are unjustified.

To be clear, the statutory standards for denaturalization are quite expansive: https://www.uscis.gov/policy-manual/volume-12-part-l-chapter....

8 USC 1451(a):

> a) Concealment of material evidence; refusal to testify It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation

According to USCIS, the misrepresentation need not be but-for material. That is, you only need to show that the omission or misrepresentation was relevant to the naturalization inquiry. But you do not need to prove that the government would have denied naturalization had it known the true facts. In that respect, the standard is similar to 18 USC 1001, which has been applied extremely broadly in federal prosecutions. The second Trump administration has much smarter lawyers than the first one, and I'd count on them to be aggressive about using the full scope of section 1451(a).

Isn’t the green card risk based on a couple of items in the green card process The visa process and the person’s assertions to those visa questions For example - did you every x? And the required answer is No Let’s assume the person did commit X but answers No Years go by and the person gets a green card. The underlying assertion was a lie - therefore the whole stream of events later becomes questionable. The second situation is a new item being added. For example consider the hypothetical scenario that When the applicant filled out his forms - greenpeace was legit. And the applicant was a greenpeace member. Years later the applicant becomes a green card holder. Now years later. The govt classifies greenpeace a terror org. Is the green card holder under threat?

So this is not legal advice and I'm not an immigration lawyer. And I'm not explaining how the law is likely to be applied. Instead, I'm explaining how an aggressive government prosecutor could plausibly seek to apply it.

The wording of 8 USC 1451(a) is not limited to particular questions on visa or green-card applications. The statute refers to how the "order and certificate of naturalization were ... procured" which arguably encompasses everything leading up to the order and certificate. Moreover, the statute has two separate prongs for revocation: (1) the "order and certificate of naturalization were illegally procured"; or (2) "were procured by concealment of a material fact or by willful misrepresentation."

The way government prosecutors interpret these statutes is to push each of these terms and prongs as far as they can logically go. For example, you could argue that the phrase "illegally procured" encompasses any unlawful activity that has some arguable nexus to the visa or naturalization process.

As to the second prong, 8 USC 1427(a) sets forth extensive requirements for who qualifies for naturalization. The requirements are extremely vague and broad:

> No person, except as otherwise provided in this subchapter, shall be naturalized unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, and (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

That third requirement is so broad that almost any fact about a person could be deemed material to the naturalization decision. Now, remember that 8 USC 1451(a) only allows naturalization to be revoked based on concealing or misrepresenting material facts. So it must be the case that you were arguably required to disclose the fact to the government at some point and either didn't or misrepresented the fact. But if you made an omission or misstatement on any government form ever, that could be fair game for bringing revocation proceedings.

Great points. The whole doc is vague and filled with trap doors.

Best to get a citizenship asap

Iirc not legal advice but there are reasons why some people may not want to apply for citizenship, if something has happened since they got their green card and they'd prefer not to have to have to put on an application.

Interesting - hadn't considered that possibility - makes sense

GP is talking about denaturalization, which is exactly stripping citizenship.

I am also not an immigration lawyer. In Maslenjak v. United States (https://www.supremecourt.gov/opinions/16pdf/16-309_h31i.pdf), eight justices disagreed with the expansive interpretation of the statute you describe. From the majority opinion, "The statute Congress passed, most naturally read, strips a person of citizenship not when she committed any illegal act during the naturalization process, but only when that act played some role in her naturalization." and "Suppose that an applicant for citizenship fills out the paperwork in a government office with a knife tucked away in her handbag. She has violated the law against possessing a weapon in a federal building, and she has done so in the course of procuring citizenship, but nobody would say she has “procure[d]” her citizenship “contrary to law.” That is because the violation of law and the acquisition of citizenship in that example are merely coincidental: The one has no causal relation to the other."

So that case involves 28 USC 1425, which doesn’t have an expressly-stated materiality requirement. The holding of the case is that, nonetheless, the statute requires an omission or misrepresentation to be material, which the Court defines as information “that would have mattered to an immigration official.”

8 USC 1451(a) has an express materiality requirement, which I addressed in my comment. The standard of what “would have mattered to an immigration official” can be seen extremely broadly in view of 8 USC 1427(a). In the context of the false statements statute, 18 USC 1001, material facts are those that have the “tendency” to influence the decision maker, but need not actually influence the decision. United States v. Gaudin, 515 U.S. 506, 510 (1995).

The materiality requirement provides some protection. It’s doubtful revocation could be premised on someone having illegally parked their car when going into a USCIS interview. But the standard for materiality is still quite expansive and leaves a lot of room for aggressive prosecutors.

This is why the ask what seems like an absurd question - “Are you a Nazi?” - on the US citizenship application.

Not because they expect people to say “yes”, but because if they find out later you hide information about your involvement in WW2, they deport you for lying.

No need to prove you were an actual Nazi. You withheld information which is enough grounds for revoking citizenship.

Thanks for doing this Peter!

I'm the founder of an early-stage company seeking to establish an office in Phoenix, Arizona. My situation has specific immigration complexities I hope you can maybe give some pointers on.

My spouse is currently subject to a 10-year bar from entering the United States due to an overstay....

We are exploring a hardship waiver (I-601/I-601A) but finding the process challenging while simultaneously managing my business responsibilities. I've been considering various visa pathways including TN, H-1B, and have begun the I-130 petition process for my spouse. Given these circumstances:

What strategies would you recommend for addressing my spouse's admissibility issues most effectively? Are there particular hardship waiver approaches that have proven successful in similar entrepreneurial situations? Could you advise on the comparative benefits of different visa pathways in our specific case? Are there any specialized resources or professionals with expertise in cases combining entrepreneurship with complex inadmissibility issues?

Sorry for this punting response but the details here really matter (how long she overstayed, how long she's been outside the U.S., whether you or she has any health issues, what your business does, etc.) so I would recommend consulting a business immigration attorney with waiver experience

Scenario: A Canadian tech worker (software engineer) has been working in tech for 10-ish years, however, their University degree (general BA, BSc, etc) does not match the work that they've been doing. Would this person be SOL for a TN/H1B? To improve their chances would it be advisable to get a 1-year accelerated Master's in the field (CompSci, AI)?

There is a 3 years work experience = 1 year of degree study rule. You can probably use your experience (3.3 years of a degree) + actual degree to qualify.

That's right, for H-1B purposes, you can qualify based on a combination of education and experience (or even just experience) evaluated to be the equivalent of a 4-year U.S. bachelor's degree (in a field related to the H-1B job). There also are a limited number of TN occupations where a bachelor's degree isn't required or an unrelated degree can work.

Hi Peter, suppose a Canadian founder got denied at the border for a B-2 visa and was asked to bring proof that they are not participating in the US labour market (ie. hiring in the US which they are not doing, they are just visiting their S/O). What kind of documents would constitute this proof?

Thank you for doing these AMAs, it's really appreciated and very helpful.

The standard documents are proof of employment abroad (in Canada) and Canadian bank account statements showing sufficient funds to support himself or herself while in the U.S. Also, something pulling this person back to Canada, such as a spouse or significant other or other ties and/or responsibilities.

What’s the play for solo founders? I can’t establish a company and work towards funding without an H1B but then at the same time I can’t really afford an H1B without funding.

Very curious about this as well. I've seen articles[1] that suggest that you canis engage in passive work, which includes activities such as:

- Conducting market research and customer discovery

- Discussing planned investments and purchases with prospective co-founders

- Attending and participating in business meetings

- Developing business relationships, such as meeting with investors and clients

- Negotiating contracts

- Incorporating a US company, applying for an EIN, establishing a mailing address, and applying for a business license

- Act as a passive shareholder or investor

However, my attempt to find the specific regulations or uscis policy memorandums that state these failed so I'm unsure.

[1] https://www.deel.com/blog/starting-your-own-business-h1b-vis...

Would really like to know about this one as well

See my comment to OP

In connection with trying to start a company, there are a lot of activities that can be undertaken as a visitor without a work visa. In fact, I would say that more often than not companies founded by foreign nationals are started when they are visitors. The line that can't be crossed is productive work for compensation but establishing the company, obtaining funding, meeting with potential clients, even hiring can all be done while in the U.S. as a visitor. That being said, the line between work and non-work sometimes is grey and nuanced so it's good to consult with an attorney to understand the limits. This is particularly important when traveling to the U.S. because it's at the port of entry where entrepreneurs are most likely to have issues particularly if they are traveling to the U.S. frequently. One form of protection so to speak is to establish the company with the goal of obtaining an E-2 or E-1 treaty visa; the visitor regulations are much more flexible regarding permissible activities as a visitor when the visitor is planning to get an E-2 or E-1 visa.

What if I have an H1B, but want to pursue starting my own Startup. What are the actions that I can undertake without jeopardizing my status or relationship with my current employer?

One of the main hurdle is I cant go an seek customers, as my profile would show an employee with my current employer?

The real issue in establishing a company while employed by another is that your current employer could have claims over the IP that you develop through your startup so while there are lots that one can do vis-a-vis a startup while currently employed by another company (or in the U.S. as a visitor) as noted in my comment above, I think the bigger issue is putting the company's IP and other assets in jeopardy by incorporating while still employed by another company. This is a corporate/IP law question so out of my area. As a foreign national seeking to start a business, I think it's as if not more important to consult a corporate law attorney than an immigration law attorney and it's also good to get them talking to each other.

Good point. A lot of people don’t know this.

If the company makes it - the venture can be in legal jeopardy.

Thanks for the response!

I did this for a bit. There has to be an employee employer relationship even if you have equity. You must establish that you can be fired by the board or an executive in the company. Also you need to be on payroll (W-2) at pulling a prevailing wage for your region and job description.

Curious what is the rationale for this rule. Not against or for it or anything, just interested in what historical precedent led to this logic.

Since an H1-B or O-1 visa is an employment visa, it has to be used as an employee to work for an employer.

Two founders can form a board and hire each other, creating an employee-employer relationship to the business. This has been done with great success for O-1s; I doubt it would be as easy for an H-1B.

There isn’t a visa that allows immigrant or nonimmigrant intent to come to the U.S. and be self employed. Therefore your business structure must not contain a whiff of self employment.

Hi Peter - thanks for doing this.

I'm currently on a H1B and transitioning to an E3 visa. However, I did get married to a US Citizen and am also applying for my green card via marriage. I need to move to the E3 as my H1B maxes out before I can get a green card. I have a few questions:

* The E3 visa is a non-immigrant visa, but I assume getting married to a US citizen implies immigrant intent. My lawyers tell me it's not an issue as long as I wait 90 days after getting the E3 to apply for the green card. Does that sound right / any concerns?

* How long are you seeing current wait times for the marriage based green card end to end after applying? I'm mostly concerned about not being able to leave the country for 1-2 years (even with filing advanced parole)

* I'm also going for the employment based green card and we've filed my PERM (3 months ago). That doesn't really seem like it;s going to work out in time for it to matter. Does that sound right?

My responses in order: 1. The safest advice is to wait at least 90 days after entering the U.S. before applying for a green card; however, applying for an E-3 visa after getting married to a U.S. citizen involves some risk. If you are in the U.S. and just changing your status to E-3 from H-1B (and not applying for an E-3 visa), then you really don't have to wait the 90 days. 2. Until January 20th, less than 6 months typically although there was variation depending on place of residence. It appears, however, that USCIS is bringing back the in-person interview as part of the marriage-based green card application process and this will slow the process down considerably to what it was before, which was one to two years. 3. Absolutely; the marriage-based route should be much faster.

I have a Ukrainian refugee family under TPS, approved through 2027, staying in my guest house in Texas. There are rumors that the Trump administration will revoke the status of TPS peoples in the next month or two.

If this happens, my understanding is that this will immediately turn them into illegal aliens, subject to deportation.

Is my vague understanding true? Is there anything I can do to help them? I don't mind participating some civil disobedience if it means allowing them to stay in the country longer. Should I gate up my property? Any advice is appreciated.

Here's an article on it:

https://www.reuters.com/world/us/trump-plans-revoke-legal-st...

> The planned rollback of protections for Ukrainians would be part of a broader Trump administration effort to strip legal status from more than 1.8 million migrants allowed to enter the U.S. under temporary humanitarian parole programs launched under the Biden administration, a senior Trump official and three sources familiar with the matter told Reuters.

> A move to revoke the Ukrainians' status could come as soon as April, all four said. They said the plans to revoke their status got underway before Trump publicly feudedwith Ukrainian President Volodymyr Zelenskiy last week.

> White House press secretary Karoline Leavitt pushed back on the Reuters report in a post on X, saying "no decision has been made at this time."

I have been calling every single person I know that has a Republican congress person and begging them to please call their congressperson on the matter. I have no idea if it has any effect. It certainly feels like shouting into the void, and there's about 1000 other things that everyone is angry about.

I feel so helpless in the face of so much chaos, incompetence and malice.

Even if it continues, there are many in the TPS community that will be stuck in odd situations that prevent them from daily life such as not being able to get drivers licenses.

The malice, the excuses for this nonsensical system, and more have permanently damaged some of my close relationships. It's times like this when people show who they truly are at heart.

It's super scary and awful. Although unlikely to help, it's always worthwhile to look at employment-based visas for those in TPS status or pursuing asylum. Sometimes there are solutions. But to answer your question, my understanding is that those whose TPS status has been revoked would have little time to leave and that would set forth in the revocation order.

What citizenship will a naturalized citizen get if they lose their citizenship and where will they go?

Country of birth, if not a dual citizen

Not necessarily. People can and do get left stateless (https://en.wikipedia.org/wiki/Al-Kateb_v_Godwin involves someone born in Kuwait but not a citizen); countries can and do reject deportations even of their own citizens (https://www.nytimes.com/2025/01/31/world/trumps-deportations...).

Nope! Citizenship is a basic human right. No one can be deprived of it. Middle Eastern countries have strict laws regarding citizenship; in that case, the person would have the citizenship of their parents. If one can prove legally their citizenship, that country is bound to take them back if deported.

#4 -> https://www.mea.gov.in/Speeches-Statements.htm?dtl/38990/Sta...

> Citizenship is a basic human right. No one can be deprived of it.

That's great and all, but the problem still exists. https://en.wikipedia.org/wiki/Statelessness

> Middle Eastern countries have strict laws regarding citizenship; in that case, the person would have the citizenship of their parents.

Well, when Palestine gets international recognition as a sovereign state, that'll solve the problem. Until then, he's stateless.

"Kuwait's Nationality Law is based on the citizenship of the parents, jus sanguinis, (Article 2) and does not provide for citizenship based on place of birth, jus soli, except in the case of foundlings (Article 3). For this reason Al-Kateb did not acquire Kuwaiti citizenship at birth, and was thus considered a stateless person. Al-Kateb left his country of birth after Kuwaiti authorities pressured nearly 200,000 Palestinians to leave Kuwait. In December 2000, Al-Kateb, travelling by boat, arrived in Australia without a visa or passport, and was taken into immigration detention under the provisions of the Migration Act 1958."

> Nope! Citizenship is a basic human right. No one can be deprived of it.

Unfortunately not true. Yes, it's a human right. Yes, there's all sorts of international agreements trying to prevent it (because it's a real mess that nobody wants to deal with), but it still happens.

This is more likely for countries that force one to renounce their birth citizenship. Not all those regimes want to take them back even if the option is statelessness.

Also FWIW, United States is not a signatory to the Convention on the Reduction of Statelessness, so it's not a "contracting state".

Any other remaining citizenship. If they had to renounce it as a part of becoming a US citizen (e.g. India requires it), they become a stateless person.

Stateless? Sounds new information

Yep. The US is not a signatory to the UN Conventions on Statelessness: the https://www.unhcr.org/us/what-we-do/protect-human-rights/end...

A US citizen can also just renounce their citizenship, and the US won't care if they have another citizenship.

Other countries are more restrictive. For example, Russia (a signatory of that convention) requires people to prove that they have another citizenship ready before they allow the renunciation to proceed.

Hi Peter, Thank you for doing this!

I'm on H-1B with an approved EB-2 via my current employer and an approved EB-1A (self-petition). I want to switch employers or take a break. I expected my priority date to become current in Q3 or Q4 2025.

Questions

1. If I switch to an H-4 status for a break, can that affect I-485 via EB-1A?

2. I need to visit family urgently and I have got a few offers in hand. Can I quit and travel internationally while the H-1B transfer is in progress and re-enter the US? My stamp expires in 6 months and my partner can mail the approved I-797. What are the general risks here apart from the mail getting lost?

3. Can a change of employment lead to issues with an AOS application in the future using EB-1A?

My responses in order: 1. Green card applications are prospective in nature, meaning they concern what the applicant will do after getting a green card so what an applicant is doing now, before getting a green card, shouldn't matter strictly speaking but switching to H-4 and stopping work could cause USCIS to question whether you intend to work in your EB-1A field after getting your green card. To be clear, however, the risk of this is low and USCIS's concern if raised easily rebutted. 2. Yes but you would need the original receipt or approval notice (combined with your existing visa) to get back in. Make sure to speak with the company's attorney about this/travel. 3. Unlikely, since the EB-1A isn't based on a specific offer of employment but as noted above, a change to a different field could raise questions about whether you will continue to work in your EB-1A field after getting your green card. To be clear, however, the risk is low that a job change in the EB-1A context would trigger an RFE by USCIS.

Isn’t the green card risk based on a couple of items in the green card process

The visa process and the person’s assertions to those visa questions

For example - did you every x? And the required answer is No

Let’s assume the person did commit X but answers No

Years go by and the person gets a green card.

The underlying assertion was a lie - therefore the whole stream of events later becomes questionable.

The second situation is a new item being added. For example consider the hypothetical scenario that

When the applicant filled out his forms - greenpeace was legit. And the applicant was a greenpeace member.

Years later the applicant becomes a green card holder.

Now years later. The govt classifies greenpeace a terror org.

Is the green card holder under threat?

You should read the actual questions on an I-485, they don't rely on declarations that any given organization is "terrorist" or anything like that.

Now, I think you're right that the statements are only required to be true at the time they were made. That said, if I can get you to look at the I-485 which one fills out to get a green card, and focus on the questions in Item Numbers 43.b. - 43.e, which cover what is essentially material support for a terrorist org, you will see that all of them relate to the group's actions. You can read the questions yourself here on p. 16 of the PDF for an I-485:

https://www.uscis.gov/sites/default/files/document/forms/i-4...

So the only way the truth of someone's statements could change over time would be if the groups they had given material support to (e.g. money or recruitment) had only engaged in things like assassination, kidnapping, hijacking, sabotage, destroying people or property with weapons or dangerous devices, etc. after the person had already turned in their I-485 form.

This isn't very likely to be the case for various Palestine-related organizations that are doing armed resistance, since that armed resistance has been going on for a very long time now. But I suppose it's hypothetically possible in the abstract, and I presume one would argue this at an immigration hearing, since they have to establish immigration "fraud" and parts of that depend on what you knew and when you knew it.

Good points.

Thanks for sharing the link. Yikes! It looks like all of part 9 is in play. Ie one had better be absolutely truthful - or self decline, who would ever do that?

Also, the problem with the legal definition of “a disqualification requirement” is it can be vague and subject to change.

Would I be correct in saying that a strict adherence to USA law is mandatory?

IANAL, but if you've read all of the questions, they include some incredibly broad things like the one about having ever committed a crime, even if not charged, convicted, etc. that you can find on the I-485.

I've heard it said by lawyers that you're not qualified to know whether or not you've committed a federal crime and some of those are quite broad - see this illustration for a few ideas in that vein: https://lawcomic.net/guide/?p=1008 - but even then, one "out" is that my understanding is that you have to actually commit fraud here.

So maybe if you violated some incredibly broad provision, but were never charged or convicted and literally didn't even know it was a law, you could defend yourself by pointing that out and arguing that because of that, you haven't committed actual "fraud" even if your answer was wrong.

But in general, yes, you should be honest on all the forms and engage with a legal professional if you're ever in trouble. I've heard that this area of law is all that well tested, so we'll have to see what the courts do with it. In fact, we suffered some significant delays in our immigration journey due to being honest, but I don't regret that one bit.

or just party in miami once and blow your brains out ;)

If a company issues a temporary visa for an overseas employee, and the employee overstays and cuts ties with the company to become an ilegal alien. Is the visa issuing company penalized or held liable in some way?

Hey Peter, thank you for doing this!

Is it possible to build a successful o1 case for a founder, who's been digital nomading for years and can't build his case based on achievements from one specific country? Any tips?

IANAL but I don't think there's a need for O-1 evidence to be from a specific country. The evidence just needs to credibly show that you're extraordinary.

You can try https://o1pathways.com/ to evaluate your profile.

That's right, there's no need for the O-1 achievements to be from a specific country; the achievements just must meet the O-1 criteria and be documented wherever they occurred.

Thank you!

Hi Peter, I cofound a startup with my friend (US citizen). I am Canadian. What is possible path for me to work in US? TN1 visa requires not self-employment so my startup cannot sponsor me a letter. Thanks

Under certain circumstances, a TN could work. But the other options for Canadians would be the E-2 (requiring Canadian investment) or O-1.

Hi Peter, Thanks for doing the AMA. I have a general question/request, but I understand if you think it is not a relevant topic for this AMA.

A lot of people tend to equate foreign workers on work visas with "cheap labor", especially in the so called "white collar" jobs; even though there are things like labor market tests and/or minimum salary requirements which have to be satisfied for many employment based visas. Can you please dispel/corroborate this based on your experience with employment based visas?

My experience like all lawyers is in the end limited and limited to my clients and cases but I can tell you that for my corporate clients looking for talent, salary is usually the least important factor, meaning that they are not looking to pay the least but to find the best employee or at least a highly qualified employee. The competition for talent seems so fierce that my clients do not seem interested in lowballing great candidates. Now this might be limited to the high-end/"white collar" H-1B jobs, as you note above, and not the entry-level/grinder jobs.

For a U.S. citizen who resides abroad (3 years, NRA spouse) with a single-member LLC doing consulting software work for U.S. clients, what U.S. address should be / can be used for the business address of the LLC? Registered agent?

Separately, I know many startup founders who have long-term software developers ("contractors", apparently...) in other countries like India, Brazil, etc. Paying them with whatever random popular money transfer service. It's common practice but is it legal or risky on the U.S. side?

This really isn't an immigration question but a corporate/employment/payroll/tax question.

I have an E-3 visa sponsored by my company. I know that it doesn't have a direct path to green card; so anything that I should be doing now at this point for permanent residency?

Underlying status has no bearing on green card options. Those in E-3 status can pursue green cards. The issues, which can be managed, involve traveling on an E-3 visa when in the green card process, extending E-3 status when in the green card process, and renewing an E-3 visa when in the green card process. But our clients sponsor E-3 Australians all the time.

What are the pitfalls to watch out for when following the I-130 process? I’ve read a bunch about applying for a green card from within the US, but not as much good info for the I-130.

If you are applying for a family-based green card while outside the U.S., then the main challenges are timing - these take longer than U.S.-based applications - and travel to the U.S. - while travel to the U.S. is fine while in the I-130 process abroad, you should expect to be questioned when you enter the U.S. about your plans; CBP will want to make sure that you are not trying to circumvent the process abroad while entering as a visitor and then applying for a green card when in the U.S.

Thanks. How much longer has this avenue taken, in your experience?

It's all over the place but depends in part on how busy the particular Consulate is. For example, there are huge delays in Canada because the volume is so high.

Hi Peter, I'm an E3 holder. Thinking about marrying my partner who is a LPR and have a couple of questions:

- I entered on the E3 status in January but went to Canada for 2 days in February, does the 90 day rule restart from when I came back in February or when I initially entered in Jan?

- Can I continue working in my role after I apply to change my status after marriage to my LPR partner?

- Typically how long would I be unable to travel abroad while waiting for parole/adjustment of status? Thanks so much!

F2A (Spouses and Children of Permanent Residents) isn't current. Even after you marry and your spouse files I-130, you'll likely be in for a wait before you can file I-485 to adjust status. You can and should maintain your E-3 status in the meantime.

Since E-3 is not dual intent, the safest option is to avoid international travel until I-485 is approved. Re-entering on approved advance parole is allowed, but not if your I-485 is suddenly denied.

My responses in order: 1. When did you actually decide to marry your partner (if you've even decided)? If this decision occurred after you returned from Canada, then there's no requirement to wait 90 days. 2. Yes. 3. This is changing but now it seems to be taking at least 6 months and creeping to 9 months and even longer to an advance parole.

Hi all

I have a general question that perhaps others can answer too. I am currently located in Switzerland but I plan to move to the US as my partner just got the medical license as a doctor in the state of New York.

My question is, as I am currently still located in Switzerland, does it make sense to already look/apply for jobs in the US from here? If yes, what's the best way to do so?

If there is a choice, does it make more sense for an immigrant visa to be sponsored by my partner or by an employer?

Peter, I'm curious as to the easiest way for Australian founders to get a long stay visa and work permit for the US while working for their own (Delaware) company?

For Australians, even Australian founders, it's always worth looking at the E-3; this is even truer now that USCIS has said that under certain circumstances founders can get H-1B visas (and the E-3 is similar to the H-1B). The other options for Australian founders are the E-1 or E-2 treaty visa or the O-1 visa but these take a lot longer to prepare and are much more expensive than the E-3. But if you are inclined to explore the E-3 path as a founder, then absolutely consult with an attorney who has handled E-3s for founders (and there are lots of attorneys who handle visas for Australian founders).

thank you

Hi Peter, thanks for always circling back to the YC community!

I'm curious about LLMs for the legal system that can reference the law and help to guide individuals on the process they need to navigate. How much of Immigration Law do you think can be navigated independently by people? Obviously, unauthorized practices of the law would be illegal *but if it was permissible*, how critical are lawyers in Immigration Law when people are cheap and want to DIY?

I think that the drafting of documents/forms, the development/drafting of arguments, and the creation of letters of reference are rapidly being taken over by AI and I think within a year, immigration practice will look totally different. There are a number of companies doing very interesting things who are offering this service to would-be immigrants/founders. The immigration lawyer's role probably will be reduced to determining the best immigration path, advising on job changes and international travel, and navigating criminal law issues but the execution of applications probably will be handled almost entirely by AI with double-checking by the lawyer of course.

Hi Peter, thanks for doing this! I've heard from a couple of people that O-1a petitions are not as smooth as before. Many people getting RFEs even if the lawyers told them the case was strong. Is one article on a major newspaper normally enough to tick the coverage requirements? Having the agent type O-1 makes it easier to change companies? Some say yes, some say all the companies need to be listed when filing the petition. Thanks!

I haven't seen adjudications of O-1 petitions becoming more difficult but my experience, like everyone's experience, is anecdotal. The regulations are unclear/inconsistent on whether a singular instance of a criterion (media, publications, awards, etc.) is enough to meet that criterion but in my experience, yes (although multiple instances is always better). Once someone has obtained one O-1 visa, it's generally very easy to get the next O-1 (and much cheaper, easier, and faster than getting the first one). That applies whether the first O-1 was a company O-1 or an agent O-1.

Hey Peter, Thanks for doing this. For someone on F1 visa, can they work as a cofounder of a company through CPT. What are the options for this situation?

Theoretically, yes under certain circumstances, but in the end, this is the school's decision and some simply won't allow it.

As a Canadian Citizen with a extra serving of Melanin, what are the chances of my getting detained by ICE when visiting my family in USA for a week ?

https://globalnews.ca/news/11080371/canadian-woman-detained-...

Edit : fix typo Also added context.

If you cross into the US at a port-of-entry and are admitted as a visitor then you are good whether or not you took Melatonin supplements. If you enter illegally or associate with people who entered illegally, don't be surprised if you are caught up in a raid. However, even if you get detained, if you have no criminal history, you will get released after arrested because there are no more beds [1].

Seriously though, if you are going to make a cheeky reference to race, at least get the reference right. Melanin is responsible for darker skin [2].

[1] - https://www.newsweek.com/ice-seeks-more-bed-space-detainee-n...

[2] - https://en.wikipedia.org/wiki/Melanin

Lighten up dude !

I'm a citizen, but I work with folks who are from India and are in the Green Card system. They have application dates going back all the way to 2015. They constantly tell me stories of how the date for being able to get your GC changes and that some people think for Indians it's going to take 20 more years. Can you explain how that works and what's going on there?

Only about 7500 or so Green Cards are issued every year to Indians in each employment based category (capped due to the per-country cap that's applied to India, China, Mexico) in each of the few employment based categories. The number of people who have applied for these categories in the last 10-15 years is much more than 7500 a year, typically almost 10x, so the line moves at a glacial pace, usually moving a month every year.

The line for EB-2 and EB-3 (where most Indians are) is currently servicing those who applied in Summer 2012. So if your colleague got in the line in say Summer 2015, that's 36 months away. At the current pace it could easily be 20-40 years before their turn comes.

Also remember that there was a massive tech boom in the 2014 to 2019 period, so a LOT more people applied during that time so the movement of the line will slow down even beyond the current 1 month per year rate. If your colleagues applied in 2016 or beyond they are unlikely to get it in their lifetime unless the per-country caps are removed.

Finally, you'll sometimes hear the word "retrogression". That refers to the line actually moving "back". This happens because the date that the USCIS announces as the "pointer" to who is being issued cards is an estimate based on the recent green card issue rate.

Sometimes it can move back if they had to issue more green cards than they expected to (since people can apply for spouse and kids together when their turn comes).

Sometimes it moves forward faster if the number of people they expected to apply for the final processing stage turns out lower than their estimation.

Hi Peter,

Thanks for doing this.

If the recent trend continues, the May 2025 visa bulletin might have my priority date (May 30, 2013) current for EB-3. Originally, I am on EB-2. I have two questions:

Is it worth downgrading to EB-3, or should I wait for my EB-2 date to become current? If my date becomes current, what are the next steps to getting a Green Card (GC)? Is there anything I can do to expedite the process?

That's always a tough question because sometimes downgrading can actually slow down the process while USCIS gets around to reviewing the downgrading request. If the EB2 date isn't too far off, then it might make sense to wait. There have been times when USCIS encouraged people to downgrade and reviewed them quickly but I don't expect that to happen again any time soon.

I am French, and I will incorporate in Delaware. Is the ESTA dangerous in this case, for example, if I go to SF in June?

That depends entirely on what you will be doing when in the U.S. While you can't work in the U.S. as a visitor, there are lots of activities that you can engage in as a founder while in the U.S. as a visitor. See one of my responses above regarding permissible activities as a visitor.

Could you please share your contact details so I can reach out to you for legal assistance if needed?

His profile has contact information.

hi I have a friend in a tricky situation wondering if you could help.

he and another founder are both technical cofounders.

he decided to be CTO and the other CEO but he is the only director in delaware c corp.

The CTO is Canadian and CEO is American.

However, CTO found out the CEO wasn't doing in his role. He wasn't committing code and also not contributing to executing, just sitting on his linked in private messages as some way to promise potential investor interest. So to protect the IP, CTO decides to block CEO from accessing github until he can explain and negotiate what to do next.

CEO used this as an excuse to terminate the CTO and acquire the IP by automatic buyback and claim ownership of the IP.

CTO is currently lawyering up and plans on filing injunction against CEO who acted in bad faith.

Will the CTO have trouble getting visas in the near future? It's clear the legal dispute will become public very soon.

My company is actively in the PERM process for me, but I'm worried that things will go wrong (for example, failed recruitment) and I'll need to start from scratch. Would it be advantageous to apply for NIW on my own, and could there be any problem with doing both at the same time?

I am a founder for an early stage startup on H1B. The prevailing wage for a CEO is extremely high in California and will burn my companies runway. It it possible to just show on work part time 20hrs a week in order and get an hourly wage the meets the prevailing wage requirement?

Apologies for a trivial question. I have an odd fascination about the edge cases of birthright citizenship.

If a non- citizen gave birth in an American embassy, would their child be entitled to US citizenship? What about US Antarctic Territory or aboard a boat within US coastal waters?

Hi Peter,

What are the legal ways US graduates in F1-OPT and F1 STEM OPT start their startup in the form of LLC. I found conflicting information that F1 OPT holder can own/start a LLC but cannot actively work or mange it.

How do I even launch my startup if I legally cannot be the owner of it?

I always tell F-1 students that if they look at the guidance from 10 different schools, they will get 10 different answers on whether and how a student on OPT and STEM OPT can start their own/can work for their own business. But the law is clear, it's 100% fine while in OPT status and 100% fine in STEM OPT status under certain circumstances. My only advice is that before talking to your international student office, talk to an immigration attorney so that you don't misstep.

Thanks Peter for the response. School's DSO seem to be less knowledgeable on the subject matter they are advising on.

We are a group of 3 founders. One with J1 Visa, one with H1B and me (outside the US).

We would like to incorporate in Delaware and I know this is no problem for me, but we are trying to figure out how the other two founders can legally work on the company when established.

Any advice? Thanks Peters.

They would need work visas and (assuming that they don't qualify for a country-specific visa) the potential options are the H-1B and O-1 (and possibly the E-2 depending on their countries of citizenship and other factors). Because this analysis is so fact-specific, you will need to have a consultation with an attorney to explore the options.

Thanks! We'll consult one.

Quick follow-up: In principle, would it be possible for them to keep their current job while working on the startup, or would they need to leave it entirely?

Thanks for the AMA.

Recent changes to H1B allowing any organization that conduct research "as a fundamental activity" to be eligible for cap exemption status. What's your comment on this?

Based on your work experience with startup, do they ever fit this criteria?

I had fun vibecoding and fine-tuning a model on all past proberts answers: https://news.ycombinator.com/item?id=43374736

Mind-blowing (to me)!

Hi Peter Are there any legal ways to earn money outside of my employer on H1B, at all?

Do you know if there is any specific order of processing for greencards? A friend of mine got their EB1a I-485 approved within a month, and I've been waiting for more than 6 months (mine was applied before theirs).

I think I qualify for EB-1C, but does one need to be present and already living in the US to apply for it, or can that happen from the current country of residence?

Or is the general path: L1 -> Move -> Apply for EB-1C once migrated.

Most people go the EB1C green card route after they are in the U.S. in L-1A status but that's not required; the entire green card process can be done while the applicant is outside the U.S. and not yet employed by the U.S. company.

Is it recommended or not? I've heard anecdotally that going through the Consular services to obtain EB1C is not recommended - because you can get denied easily without any protections you might get from being in the US.

You don't have protections in the US per se. If you are on a visa, your visa will remain valid and continue on its own terms. Your GC application is orthogonal.

If I have no bachelors degree and I'm trying to prove 12 years of experience, how does this affect if my changes, I do have the 12 years, but it seems arbitrary to define if they count or not.

Thank you very much for the feedback.

The 12 years of previous full-time experience has to be documented with employment verification letters and the experience needs to be at a professional level.

When considering a candidate on an F-1 + OPT, what should be our expectation of their need for H1B sponsorship? What are O-1 and National Interest Waiver success rates for recent PhD grads (in computer science)?

Is it basically impossible to move to the US as a UK Citizen without a degree?

Both Musk and Vivek initially supported H1B, and saw massive backlash in the conservative communities. So much so that Vivek left (was removed?) from DOGE and went to run for Gov now with a largely sour taste in MAGA people’s opinions. Pointing to me that H1B is advantageous for employers but deeply unpopular with the majority of voters this last election.

Do you see the Administration taking on H1B changes in a big way or letting this slide?

You can’t expect any sane policy decisions from this administration. They’ll target whatever gets them the clicks/votes/engagement. It’s like the bad clickbait but in governance.

The administration is mainly implementing project 2025. You can look up this tracker to see if they plan changes there: https://www.project2025.observer/

It's so hard to say but looking at what they tried to do last go-round might provide some insight and this included dramatically changing the prevailing wage requirements (didn't happen) and tightening the adjudication of H-1B petitions (happened). But the U.S. economy relies on foreign workers in general and H-1B workers in particular so I think in the end, there will just be some tinkering around the edges.

Hey Peter. Is there any way to confirm whether a request to USCIS to bump a case from F2A to IR was recevied or acknowledged? We haven’t received any 797-C or any other confirmation. Thanks!

Yu won't receive anything in writing; sometimes by calling USCIS and escalating to a supervisor, this can be confirmed.

Would it help to send all correspondence to them as certified or registered mail so you can prove they have received your application?

Thank you Peter! (not just for this answer, but for doing these AMAs in a regular basis!)

Hi Peter, thank you for your time.

On an L1-A visa, can my company file my perm while I return home to get a new L1 visa (my visa is expiring and the date on I-129s is the same as the visa expiration date)?

Someone has a green-card for 7 years.

He's thinking of giving it up.

Is there an exit tax for him?

Is it only after 8 years?

How much is it?

Thank you?

Not everyone needs to pay exit tax, only if your net worth is over $2mln or your 5-year average annual tax paid is over $190k or something like that.

IANAL so do your own research. Google "covered expatriate".

Apparently so.

Also the 8 year thing seems to be real, but it's 8 tax years, which means that as far as that is concerned he needs to pay.

He doesn't have nor made that much money, so he should be good.

Given how things are progressing I think he would just leave either way and don't pay anything.

The chances of that following him or extradition seem very unlikely with the bridges that the US is currently burning.

If a transgender software engineer who is a US citizen applies for asylum in a non-US country, are they at risk of losing their US assets (e.g. a home) or having their US accounts frozen?

I can only respond about the potential U.S. immigration impact but there is nothing in the law at present that would allow the U.S. Government to take away your citizenship. It's unbelievably upsetting and shocking, to me at least, that a U.S. citizen would ever have to seek asylum in another country but that's the world we're living in now so it's a fair question.

Hi Peter, thanks for doing these AMA.

I was counted against the H1-B cap in 2017 and worked for about 3 months before I left the states.

Would I be able to use the rest of my time now if I were to get a job in the states?

It's not guaranteed but likely yes; we've done H-1Bs (without having to go through the lottery again) for foreign nationals who haven't been in H-1B status for nearly 10 years.

Whats the best way for me to work as a Canadian citizen easily with not much legal hoops for the USA thanks. Math/Comp Sci degree with Physics backgroud.

There's plenty of remote US jobs that will hire Canadians, but most want you in country. Otherwise find a company willing to hire people on work visas and see if you qualify for a TN visa (an advanced degree related to the field is usually enough), then go to the border at an airport or similar with paperwork put together with the help of an immigration lawyer. They also might know where the best port of entries are to get TN visas approved. Sometimes (Canadian) land borders are better.

If you're looking for the harder but longer term route then try H1B.

I want to make a paid internship with a US based startup (still need to find a company). What is the path of least resistance in terms of visa?

After reading this thread it’s apparent that our immigration laws and regulations are just as sordid and obtuse as our tax code.

How do you sleep at night knowing corporations use your advice to import scab labor that displaces the existing population?

When have corporations cared for population? They exist to make money and they will try to abuse the outdated system as much as possible.

How risky is the E-3 to Eb1 green card path for moderately successful founders in this current political environment?

Do you mean because the E-3 visa not a dual intent visa?

What's your favorite taqueria?

Upvoted, but no reply. It was a sincere question ;_;

Can you open a business in USA without being there, living there? Greetings from Kosovo!

Not Peter but yes. The U.S. is pretty easy to incorporate in from overseas, many agents offer the service, such as Stripe Atlas and Firstbase. Keep in mind, the U.S. tax system is much more complicated than most other nations so unless you specifically need a U.S. entity, pick a country with friendlier tax laws.

Opening a business is easy but opening a legit bank account with brick and mortar presence seem to be difficult.

Hey, What is the best option for someone working in NL to immigrate to US.

Should I go via H1B route or ?

The answer will depend on your countries of citizenship and your qualifications and the work that you will be doing in the U.S. including whether you will be working for your own company or another company. Assuming that no country-specific visa is available, the standard options are the H-1B and the O-1 (and depending on a variety of factors, the E-1, E-2, and L-1).

Given the recent layoffs in the tech industry, how do you see the role of immigration in addressing labor market needs?

Some people express concerns that the H-1B program might be used primarily to reduce labor costs rather than to fill genuine skill gaps. How do you view this issue from a legal and policy perspective?

What is the chance I can get to the US legally as a software developer from Syria?

sacrifice ten goats to mighty god ra :)

Have you contacted worker 17?

Why move at all when you have no tax or medicare liability signing w8ben?

if a person in the US on a visa changes roles, say from software engineer to manager, and acts in this role prior to changing the visa, is this fraud?

Can foreign streamers stream in the US on a tourist visa?

If the Trump administration is successful in ending birthright citizenship for illegal immigrants, what actually happens to those kids who were born here? Could they end up in a "The Terminal" situation where no country will claim them?

Don't most countries grant citizenship to children of parents from that country? I'm sure there's lots of bureaucratic issues if they were never recorded in the parent's country though.

does H-1B transfer need valid passport? Would pending asylum documents would suffice?

Not necessarily. Other documents can satisfy this requirements. What asylum documents are you referring to?

Receipt of filing or EAD

Love you AMAs been so helpful. Do you think did O1 get harder. How do you see changes through the Trump administration?

Other than national interest waiver petitions, which were getting harder before the change in administration, I haven't seen anything getting harder and in fact it seems that USCIS is more receptive now to EB1A filings.

How isn't ICE the American secret police?

because the secret police is different department but they're really nice they've refined a lot of things so they resort to old school methods rarely / if you are a threat

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