
I’m Peter Roberts, immigration attorney who does work for YC and startups.  AMA - proberts
I’ll be here for the next 2 hours and then again at around noon for another 2 hours.  As usual, there are countless possible topics and I&#x27;ll be guided by whatever you&#x27;re concerned with. Please remember that I can&#x27;t provide legal advice on specific cases for obvious liability reasons because I won’t have access to all the facts. Please stick to a factual discussion in your questions and comments and I&#x27;ll try to do the same in my answers!
======
sethx
I am a US citizen, and was born abroad, and live in the EU. I've never lived
in the US, nor worked there for a single day of my life. As such, I've never
filed income in the states. I never got asked to do so, either. Due to IRS
regulation i currently am in tax noncompliance and on the potential hook for
what i guess something like 200K in penalties. I work in IT and my dream is to
work in the bay area eventually, but I do not see the point of spending ~2k in
paperwork to go through the "streamlined procedure" to bring myself into
compliance, and then to be liable to report all my income a lifelong and
potentially pay taxes in the US as well as i make more than 100k gross/yr. I
don't want to move to the US forever, but maybe a few months here and there
would be nice. The opportunity cost of doing that is astronomical, though, if
i factor in a lifetime of added accounting costs and additional taxes, just
for a few months of time spent in an area. Is there anything I can do to make
this happen, but not have to hemorrage money? How can i legally work in the US
without having to oblige myself to a lifetime of IRS bullshit? I already pay
52% taxes in my country of residence. Any non-US resident who was born abroad
is pretty much in my same boat.

~~~
JohnStrange
Are you sure about your noncompliance status?

IANAL, but aren't there treaties between the US and all EU countries that
avoid any double taxation? You have to pay income tax wherever you live most
of the time and conduct your business. You never have to pay income tax twice,
in two countries. Unless you obtain your income mainly in the US, you should
be exempt from paying US taxes. This is independent of citizenship.

Sorry if I'm missing something, I thought (and have been told) that this is
how it works, so I'd be happy if someone else with more knowledge could
clarify this.

~~~
sethx
The noncompliance is not about taxation, its about not reporting income. Every
year carries a penalty of 10k. All of this can be reset to 0 by bringing
myself into compliance and then it will be pardoned, but from that point on i
must comply every year. For now i have a "void all your debt card" which i'd
rather keep in my sleeve until i really need it.

------
redux13
Is there any possibility that the Fairness for High-Skilled Immigrants Act of
2017 ([https://www.congress.gov/bill/115th-congress/house-
bill/392/...](https://www.congress.gov/bill/115th-congress/house-
bill/392/text)) would see the light of day anytime soon? This act would
eliminate the per-country numerical limitation for employment-based green card
petitions.

Also, what would be the implications if this bill does become law?

~~~
proberts
There is a chance although any major overhaul of immigration laws almost
always requires the support of both parties so I think the chance is still
low. It would have a profound impact, I think, both repressing and encouraging
immigration to the U.S. but the exact parameters of this are hard to say.

------
proberts
I am going to sign off now but I'll be back on again this weekend to respond
to any final questions and comments. As always, it's been a pleasure
conversing with everyone. I always learn something. Thanks.

------
jonhmchan
I'm curious what you think about remote work and whether it's overall a net
positive for companies that are struggling to find talent in their own
country.

There seem to be some obvious benefits: no need to worry about getting people
visas, expanding your talent pool to beyond your geographic region, and so on.
There's also legal tradeoffs: dealing with complicated laws with taxes,
benefits, and so on.

In your experience, is opting for remote a net benefit? Or perhaps more
fittingly, in what situations do you think it's appropriate for a company to
consider building a remote workforce, wholly or partially?

~~~
proberts
I'm not aware of the costs of remote employment, which will vary from country
to country, so it's hard to say but as immigration policies get more
restrictive, I suspect that more companies will go this route. That being
said, we still get a lot of requests from companies to bring their remote
employees and contractors to the U.S. so that they're working as part of the
main team even though the cost of employing them is probably higher.

------
cvaidya1986
Thank you so much for doing this!

As someone on H1 and I 140 approved and in the long wait for green card, is it
ok to release a free iOS app under one’s own name and if it takes off, show
that as evidence for extraordinary accomplishment?

Does membership of exclusive well known invite only Silicon Valley network for
tech founders count as membership of reputed organization?

What if the app is for a non profit, should it be released under the non
profits name?

Is it legal to be a minority owner of a company and not draw salary from it?

Is your firm available for direct hire for one person or you only help YC and
startups?

~~~
proberts
These are all excellent questions and yes we help individuals as well as
companies and accelerators. My answers to your questions, in order, are as
follows: possibly but this can't be considered work, that is, receiving a
financial benefit for performing a service or providing a product; possibly;
the analysis is the same as your first question; yes, if you provide no
service to the company.

------
rokhinip
Can someone on a H1B visa (as a software engineer) be engaged in setting up a
small business that is completely unrelated to the work that they do
professionally? Eg. Selling of fine art or digital prints?

Preliminary research suggests that this isn't allowed but if I am allowed to
take photographs in my free time, and I am allowed to sell belongings on eBay,
then it seems that by transitivity, I should be allowed to sell works that I
do in my free time.

~~~
proberts
Unfortunately, the answer to your first question is no and further you're not
necessarily allowed to sell anything on eBay, particularly if it's something
that you created or if the sale of things on eBay is your business.

------
lars_francke
Hi Peter, thanks for doing this.

We're a small consulting company based in Germany and we have a couple of
customers in the US. We'd love to work on-site but so far haven't done so
because we couldn't sort out the visa issues.

Customers in the US would pay our German company which would then pay us (the
founders/employees). Our contracts are usually short (1-2 weeks max).

We've actually talked to two different lawyers (US & German based) and have
received two different answers.

\- One told us L1 would be the best option but that'd mean investing in the US
which we can't meaningful do (for our consulting we really only need a laptop
and no office) \- Another one told us a normal ESTA/B1 visa would work as
well.

We always worked under the assumption that a B1 visa is not for paid work. So
we're confused. Customers also don't want to go through the hassle of
sponsoring a H1 visa for a two week contract.

Can you give us any hint which visa category would be most appropriate for
this kind of work and whether the B1 statement is correct or not. Thank you!

We'd also be more than happy to pay for someone to help us with this but our
trust has eroded a bit because of the different answers we've received in the
past.

~~~
proberts
Unless the onsite work is pursuant to a contract for the purchase of equipment
that provides for onsite installation and support, a work visa, such as an
L-1, would be required.

~~~
lars_francke
Thank you, that confirms our suspicions.

No, we do software consulting which should not fall under the terms you laid
out.

If you happen to know someone whom you trust who can help us with this we'd
love some contact information. You can find my mail address in my profile.

------
lucascarvalho
I'm currently holding an H1B visa and my friend started a business where he
currently owns 100% of the company. Before moving forward with any additional
share issuances (to myself and potential investors), we wanted to fully
understand my eligibility and any complications that could arise as a result.

Given my current visa status, am I permitted to receive shares without any
legal implications?

I'm also really close to getting the EAD, should I wait for it? And once I
have it, how can I proceed to issue the shares from a legal perspective? Can I
only issue the shares once I have the green card without any legal
implication?

~~~
proberts
There is no issue with your receiving shares as long as you are not providing
services to this entity.

~~~
lucascarvalho
If all I'm doing for this business is coding and I have less than 50% of the
share, I'm not an employee and I'm not getting paid.

Is this considered like providing services?

~~~
proberts
Yes.

~~~
cletus
Wait, I'm confused... not the OP but if this guy is coding for this business
(the one he doesn't have an H1B for), I thought it didn't matter if he was
getting paid or not. This is "productive work" right? As in, it has value so
is problematic. Or do I misunderstand the rules?

~~~
forkerenok
In the spirit of the law/regulation that's even worse: as an immigrant without
permit to do that, he'd provide unpaid labor undermining ability of other
people compete for this job.

Edit: of course IANAL. And in other words, as I understand it, work permits
limit strictly to what extent can you affect competition in the country (H1b -
only one FT job position). And by filling in vacuum of required labour
somewhere else you definitely affect it negatively.

------
Jayakumark
Whether the plan for revoking EAD for H4 Spouse of an H1 I-140 holder can be
blocked by court ? Also will there be any economic implications on 100,000
plus going out of workforce ?

~~~
proberts
I can't answer the latter question but I think there will be a major battle
that will cross party lines if the administrations attempts to do away with
this benefit.

------
sudhirj
Is there an immigration path for people who incorporate in the US (LegalZoom
Delaware LLC / Stripe Atlas C Corp) and do reasonably well, pay taxes, etc? If
yes, what would be the route and what would be a reasonable bar?

~~~
proberts
Oftentimes founders/entrepreneurs qualify for green cards through the
extraordinary ability or national interest waiver route.

------
jnnnthnn
Have you observed any change in practices with respect both visa application
processes and admission at the border processes since the Trump administration
came into office (e.g. longer delays, higher rate of refusals, extra scrutiny,
etc)? I'm thinking about "field practices" rather than material changes to
existing regulations. Thanks!

~~~
proberts
Not really other than applications for admission in TN status seem to have
become more difficult and irrational.

~~~
copperx
As someone on a TN, can you expound a bit on that?

~~~
andrew-d
Yeah, as someone also on a TN, I'd love to hear more. I'd also love to know
what the renewal process has been like for people that have been in the USA
for a while (I've been here for 4 years and am looking to renew next October).

~~~
proberts
CBP (and USCIS) is just getting tougher on TNs, sometimes applying
standards/requirements that don't exist, and really gives no deference anymore
to the issuance of a previous TN when the TN is being "renewed."

~~~
uiri
Is this strictly for founders/owners or for ordinary employees too?

Does the category (e.g. Engineer vs Computer Systems Analyst) matter?

------
genericname
Hi Peter,

Graduating STEM master's student going into tech firm.

You mentioned in another comment how the H1B lottery leads to ~30% chance of
getting selected each year. Do you have an estimate for candidates with
advanced degrees (master's, specifically)?

Also, there seem to be a lot of potential changes to the whole OPT -> H1B ->
... path. Some comments, like this one [1] from an immigration attorney,
suggest the STEM extension might disappear (so fewer shots at the lottery),
but also suggest petitions for highly paid workers might be given priority. Do
you feel positive about the chances of highly paid workers to obtain H1Bs in
the coming years?

[1] [https://www.linkedin.com/pulse/potential-changes-high-
skille...](https://www.linkedin.com/pulse/potential-changes-high-skilled-
immigration-programs-2018-finkelman/)

~~~
proberts
For those with advanced degrees from U.S. schools, the odds could be 80% or
higher. And the trend is definitely favoring higher skilled, higher paid
workers.

------
arunpn123
What are things I could do to improve my resume for EB1 category Greencard in
the next year or so? I am currently on H1B working as a SWE at a top Silicon
valley company (think Google/FB). I have a Master's degree in CS from a top US
university and have a couple of years work experience. According to the
company attorney, I qualify only for the EB2 category. Unfortunately, the EB2
queue is extremely long since I am from India. I am asking this since you
mentioned in your past AMAs that it is possible for strong EB2 candidates to
move to EB1.

~~~
proberts
I would need to explore your background further but some options are to do
journal/conference review work (this is more available than many people
realize) or try to obtain a higher level of membership at IEEE, for example,
or other similar organizations.

~~~
rofex
Would participation in company-internal conferences/technical summits also
count, other than the usual internationally reputed journals/conferences?
Could you please elaborate on "this is more available than many people
realize"? Thank you for doing this AMA.

~~~
proberts
Internal company stuff doesn't really help other than possibly to bolster that
you're playing an "essential role" for your company. If you want me to drill
down deeper and get into the specifics, send me your CV.

------
godelmachine
Hi Peter, Thanks a lot for this initiative :)

I am a 28 yr old Software Engineer working in India (Citizenship - India,
unmarried). Have around 3 years of experience in IT. My father is a GC holder
& he has filed a family based petition for me. My priority date is Nov 7,
2017. Actually, my father was going to wait till he was a naturalized US
citizen & then file for my petition, but Trump's activities (cutting off legal
legislation by 50%) alarmed him and he got in touch with his attorney over my
case the very next day.

So, my question here is -

1) Should I go for Masters from USA? Will it help me in getting GC early? If
yes, how early? (I am really keen on completing my Masters from USA, since I
would like to be exposed to US way of education - mostly in Artifical
Intelligence)

2) Will Trump do something that may deter the petition my father has filed for
me? What are the chances, in your opinion?

3) I am going to initiate Canada PR process next year. Would Canada PR
brighten my US immigration chances in any way imaginable?

4) I fared quite dismally (7 yrs for a 4 yr course) in my bachelor of
engineering course, but final year marks are good and gradually got a job and
am doing well now. Would Bachelor of Engineer academic grades hamper my US
GCpetition in any way imaginable?

I really appreciate you answering so many questions here. Would be much
obliged if you answer mine too.

Sincerely,

~~~
dandroidguy
Canada PR doesn't further yor chances for US Immigration. US Immigration
depends on your country of birth and not your country of citizenship.

~~~
godelmachine
Thanks for bringing this to my attention. I'm born & brought up in India. What
do you opine about the rest of the points?

------
nawgszy
As a Canadian citizen who is working in California under a TN visa, I am
interested in starting my own Canadian company and working on contracting /
consulting work via said company.

All the money I make through said company would be paid to me in CAD and stay
in my Canadian accounts, which I doubt really matters. I do not see why there
would be legal issues with this, but this seems like a good opportunity to ask
someone who might have a better picture.

~~~
proberts
That could be viewed as self-employment which is prohibited and regarding how
you get paid, you should contact a U.S. tax accountant because my
understanding is that you still would be subject to the payment of U.S. taxes.

~~~
nawgszy
Thanks for your time. That's interesting. I guess this might be a little more
nuanced than I thought.

So, despite the fact that the company would be a Canadian entity, I would be
considered self-employed. Would a simple workaround be enough to thwart this,
such as having a friend own the business, and proceed to hire me as a remote
employee?

~~~
te_chris
Not OP, but there's two concepts you're confusing: Residency and Tax
Residency. Tax residency, for mortals, is normally where you live and work, so
for you, even with the Canadian company, it'll probably be the US.

~~~
nawgszy
If I pay American taxes and not Canadian taxes, that's fine. A bit unfortunate
because the bracket I'll be in is higher as is the tax rate, but not the end
of the world.

The only real obstruction I'm worried about is the legality of doing that work
for money. I have some friends who I could employ too, and lots of cash could
just sit with the company, but if I can't work for that entity (legally)
there's no point in starting it.

------
silentsea90
Hi Peter! I hold an H1B visa and am currently employed at a startup, but got
an RFE. 1) Does the increased scrutiny in h1b applications bias towards
approving applications only for well known companies? 2) Unrelated question,
what are the requirements if I want to open my own startup as an H1b holder?
Would I need to move to another visa, does my company need to have a US
citizen as a cofounder etc.

~~~
proberts
All things being equal, H-1B RFEs are triggered more by the offered wage now
(Level 1 or not) than by the size or prestige of the company. The key
requirement for an H-1B through a company you found is that there be an
employer/employee relationship between the company and you, meaning that
there's a board of directors that can fire you.

~~~
silentsea90
Thanks!

For starting a company, is H1b the best visa to be on, or are there other
alternatives. If it is easier, how do YC founders navigate visa (assuming they
don't have a green card)? Please feel free to add constraints regarding
funding, board etc.

Ultimately, this is the thing that scares me the most in even dreaming to
start my company, so even links that help would be amazing.

------
EternalData
Do you have any insight on the recent change to the TN Economist class?
[https://www.uscis.gov/news/news-releases/uscis-issues-
clarif...](https://www.uscis.gov/news/news-releases/uscis-issues-clarifying-
guidance-nafta-tn-status-eligibility-economists)

It looks like a hanging threat of deportation for maybe 10,000 people +

------
dmorden
Hi Peter,

My co-founder is a Canadian PhD on a J-1 visa. he has been in the country on
the J-1 for 8 years. We incorporated as a C-Corp in June. He plans on
switching to a TN eventually. I assume I cannot issue an RSPA (with vesting)
or Consulting agreement without violating his J-1, but the TN I think I can.
Will this work? What other issues should I be worried about?

Thanks.

~~~
proberts
You should send me his CV but I would probably switch him to O-1 instead
because founders/owners can have problems getting TNs now.

~~~
dmorden
Can do. What is a good email for you?

Thanks

~~~
pain_perdu
I can connect you too if you'd like.

~~~
dmorden
Yes please

~~~
pain_perdu
See my profile for contact info

------
dev_throw
Hi Peter, thanks for doing this AMA. Is it true that your place of birth
affects how long it takes to get a Green Card?

I am a naturalized Canadian (on a TN Visa in the US), born in India, and
entertaining thoughts of applying for a GC here. Since TN Visas have a limit
of 3 years, I would want to get my GC before then, but the queue for India is
gargantuan.

~~~
proberts
That's correct, what governs the wait times is country of nationality (which
typically means country of birth), not citizenship so in your case your Indian
nationality will govern.

~~~
dev_throw
Sorry to hear that, but thanks for the quick response!

------
gcdvl
Recent permanent resident (since September, green card holder).

I stayed in the USA until December to get the actual green card (virtual
mailboxes work despite what people say online), open a resident bank account,
get a state ID, renew my social security card, get a credit card, basically
take care of bureaucracy.

I've since returned to the EU with one objective: to sell my house.

My question is: If I stay more than 6 months abroad but less than one year,
will I face issues going back for good?

I'll be able to show that I sold the house with intent to live in the USA
permanently. I also plan on filling taxes for 2017 even though I barely have
income. I'll also keep my bank account, state id card and plan on trying to
get a remote work arrangement.

I take it anything under 6 months will by default not be problematic, right?

Thank you again for this service you regularly provide.

------
GFischer
I'm currently working for a large U.S. company, on their offshore global
services subsidiary, as software developer. I've been working for a year and a
half (fully employed).

First question is, do I qualify for a L1B Visa? (I have both a bachelor's and
Master's)

Second question is, do you consider that a good route to a Green Card? I
wouldn't want to go to the U.S. unless I'm confident I can go the Green Card
route.

If I chose to go with an L1, I have to stay with the same employer until the
Green Card goes through right? (and they must not fire me, which is an
unfortunate possibility with any company).

Thank you very much for the answers in this thread.

~~~
proberts
The answers to your questions, in order: you might qualify for an L-1B but
this would depend in part on the nature of your specialized knowledge of the
company's proprietary products, systems, etc.; underlying status has nothing
to do with green card options, the green card requirements are separate and
apart but on the face of it, it looks like you would have a solid PERM-based
green card application; not necessarily but you would need to stay with this
employer for a while, while your green card application is pending, before you
could "port" your application to another employer.

~~~
GFischer
Thank you. Very grateful for you sharing your knowledge.

------
funkaster
Hi Peter, thanks for answering these questions! My question is related to the
H1B1 (for Chile and Singapore). Is this still a visa that's relatively easy to
get, even for startups? When I moved to the US it was only a couple of weeks
(on my end, as an employee), no window and (virtually) no caps. How is it now
for startups compared to the regular H1B? My understanding is that they only
need to get the LCA for that position and the candidate can get the visa with
that. Is there anything else the startup needs to do that would prevent hiring
someone from Chile or Singapore?

~~~
proberts
Yes, it is still a relatively easy visa to get. As you know, the requirements
are similar to the H-1B but the application can be filed directly with a
Consulate, which is a significant advantage.

------
andr
On paper, E2 visas look fairly easy, as many active businesses can demonstrate
$100k+ in investment/expenses and a decent business plan. What are the
potential issues there? Why are those visas not more popular?

~~~
proberts
They oftentimes are easy and a great solution we handle a lot of them. The
key, and sometimes the stumbling block, is that "investment" here doesn't just
mean transferring money to the U.S. company but it also means the actual
expenditure of a substantial portion of this investment by the U.S. company on
legitimate business expenses.

~~~
amoorthy
I was granted an E2 visa (after showing $100k in actual expenses towards my
company). Process is straight-forward and not too paper-intensive. Note that
you cannot, however, apply for a green-card while on an E2.

ps: Peter - thank you for doing this. Really kind of you.

~~~
proberts
Of course. But to correct, one can apply for a green card while in E-2 status.

~~~
jfyne
I am on an E-2 right now and was under the impression it wasn't dual intent.
What path can I take to apply for a green card? Thanks so much!

------
princekolt
Is it okay to enter the US on a B1/B2 visa in order to work on a personal
project (that's funded by myself only) for a couple of months, and look for
partners/investors?

Thanks for the AMA!

~~~
shafyy
If you are setting up a business for operations, meeting potential partners,
attending events or doing market research, you should be fine. As long as you
are not employed by your own company. That's the whole point of the B1 visa.
Am I right, Peter? :P

~~~
shafyy
To the person who downvoted this. Why?

~~~
bdamm
You're replying as if you are Peter, but you are not. And to make matters
worse, I'm pretty sure you are wrong. This is not the point of a B1 visa. A B1
visa is about temporarily doing business in the US such as negotiating
contracts, not using the visa to set up a business.

~~~
proberts
There's an exception of sorts: if a B-1 visitor is coming to the U.S.to set up
a business in anticipation of applying for an E-1 or E-2 visa, then this is
permissible.

------
usmanajmal
Hi Peter, thanks for arranging Ask-Me-Anything.

I am working for a company A (which is owned by company B) on H1b while my
Green Card process is at a stage where:

a. I have my EAD card in hand and I am waiting for interview and approval of
I-485. b. I-140 is approved some weeks ago. c. Priority date is current due to
small pools for my country.

Problem: \--------- On my H1b and Green Card documents "employer" is mentioned
as Company A but on Jan 1 our company is going through a re-organization where
Company A (my current employer) will merge into Company B.

I expect call for interview for Green Card in January and then hopefully a
Green Card in 3-4 weeks. In such a case:

1) What would you recommend to avoid issues with Green Card process as the
interviewer may complain that my employer is now Company B whereas on my
documents its mentioned as Company A. 2) Will I have to file for amendment to
the already approved I-140? 3) Will there be any problem if I have to file the
amendment before or after my interview or does it not matter?

Our company lawyers are claiming there will be no issue in any case but
because of their misinformed information I had my Advance Parole denied
(because I travelled to my country while the application was in process).
Therefore, wanted to confirm from a better source. :)

Thanks.

------
fantunes
I am the sole director of a company based in the UK. Through this company I am
doing some work for a company in San Francisco. All the work is done remotely
but once in a while I need to go to the office. I am currently just entering
in the US with a visitor/tourist visa. Theoretically, which visa should I be
applying or is there a visa for that sort of temporary (less than month) work
in American soil?

~~~
proberts
This is complicated. In short, while in the U.S., you shouldn't get paid by
your U.S. clients and the "work" you do should be along the lines of status
meetings, not "productive" employment. Otherwise, you will need a work visa.

~~~
fantunes
Really appreciate your help on this.

------
askthrowaway13
Hi there! I'm living in a third world country, and I need to move to a good
English-speaking country that respects human rights, where I can have
unrestricted internet access, and can safely build my startup without being
fucked with.

I'm a good programmer, but I'm self-taught, my degree is unrelated to CS, so
that makes things more difficult. I probably need a startup or self-employed
visa.

What are my best options?

~~~
proberts
It's hard to say in the abstract. Please send me your resume.

------
0-o
Hi Peter,

Thanks for the AMA!

For a Dutch citizen, is it possible for me to work in tech for a YC startup?
How difficult is it to get an H1 and what is the best route to go about this?

~~~
proberts
Yes, as a general rule, it's possible and the likely options would be the
H-1B, O-1, or E-2. The problem with the H-1B route is that H-1B petitions are
placed in an annual lottery with a 30% chance or so of being selected.

------
hdivider
If a non-US citizen works with a US LLC remotely, with changing
responsibilities (basically as an informal partner in the firm), is there any
immigration path to bring this person into the US?

[Side note: thank you for doing these repeated AMA's, Peter. You address a
vital, often deeply emotional problem for countless people. Hats off to you
for taking the time to de-mystify so much of this.]

~~~
proberts
Thanks for your kind words. This will depend on the individual's
background/accomplishments, country of nationality, and funding and
nationality of the U.S. entity but, putting aside country-specific visas, the
options would be the O-1 or E-2 or possibly even a green card if his or her
background is strong enough.

------
btown
Hi, thanks so much for doing this!

Does the recent policy guidance in [https://www.uscis.gov/news/news-
releases/uscis-updates-polic...](https://www.uscis.gov/news/news-
releases/uscis-updates-policy-ensure-petitioners-meet-burden-proof-
nonimmigrant-worker-extension-petitions) markedly increase the risk that an
H-1B sponsored skilled technologist might (a) be unable to change
jobs/sponsors, or (b) lose their visa altogether if they even try to do so?

If either is true, we're worried from the hiring perspective that we could
find an amazing candidate but lose them immediately due to the policy, even if
we did everything perfectly in starting the H-1B transfer process; it makes it
difficult to offer to sponsor H-1B folks looking to change jobs. And certainly
from the employee's perspective, if there's any chance of (b) being true,
there's a new chilling effect that would trap them at their current employers.
Is this the correct read of the situation?

~~~
proberts
This just means that no deference is given to an employee's current/previous
H-1B approval but this doesn't mean that solid H-1B petitions are not getting
approved.

~~~
btown
Thanks! If you don't mind me asking a followup: when you say "solid," is there
randomness in the this re-approval/transfer process (as there is with the
lottery for initial H-1B applications), or is it really just the office
ensuring that all requirements are met?

~~~
proberts
There is no question that the decision-making can be arbitrary and unfair and
this seems to have increased under the current administration but still, even
in this environment, if the job is clearly a professional job and the pay is
above Level 1, then such petitions are getting approved.

------
himanshuy
Hi Peter, Thank you so much for taking the time and helping us out.

I am on H1B with I-140 approved under the EB2 category. My priority date is in
the year 2013 which means it will be current by the year 2025.

Is there a way to move from Eb2 to Eb1 category? You mentioned a couple of
options regarding journal/conference work. I want to learn more about it and
explore these options.

Thanks again.

------
srinivasang87
Hi Peter, Thank you so much for doing this! I am on the H1 visa and my wife is
relying on her H4 EAD for work. What are the options after H4 EAD is revoked
(guessing sometime later next year for good)? Considering my green card is at
least 6 years away, is moving out of the country the only choice for her to
work?

Thanks in advance and happy holidays, Srini

~~~
proberts
The only other options would be for her to get an H-1B or for you to apply for
an EB1A green card. Do you think that you might qualify? Send me your CV if
you'd like me to evaluate.

~~~
srinivasang87
Thank you Peter!

------
fpadilha
Hi, I'm a founder from a Brazilian startup (based in São Paulo) and we've been
developing our product for 2 years now and are about to launch. We have
another local round next year but then (1.5 to 2 years from now) we plan to
raise money in the US - at that point I'm even willing to move there if it's
advantageous or if the investors require so. At that point we'll probably open
a company there and have it own all the equity from the Brazilian company.
Now, if I needed to move, which visa should I apply (for an expected 5 year
stay)? What's the likelihood of me getting it. Also, separately if (for
example) I wanted to have 5 employees move with me, will they apply for the
same visa and (also) how likely were they to get it. Finally, how can I reach
you if we were to hire your service to help us at that instance? =) Thanks and
sorry for the long question.

~~~
proberts
You could have multiple options which will depend on a variety of factors,
such as your background and the backgrounds of your employees success of the
company in Brazil and the US, including, most likely, the L-1 and the O-1
visas.

------
fggosselin
In general, how safe is it to travel (to Canada) once I've received my EAD for
a green card through marriage (to an American citizen). I entered the US on a
TN visa. Do you know of cases where parolees have been rejected at the border
upon return (assuming a short 2-3 week trip)?

~~~
proberts
Very safe.

------
stalwart_l
I'm on a H1b and I've already applied for a green card on the extraordinary
track. My application is pending, but I have an EAD + AP. Does this mean I'm
allowed to take on contract work as long as I maintain my primary employment
with my H1b employer?

~~~
proberts
As a general rule yes but the answer really depends on the basis of your green
card application and where you are in the green card process.

~~~
stalwart_l
My basis is as an extraordinary research scientist in a specific basic science
field that has strong overlap with data science. My I-140 is still pending
(filed on June 1, I have a concurrent filing for a 485). The contract work
that I would be doing would also leverage the skills that form the basis for
my EB1 petition (so not work that would be totally outside of my stated
expertise)

~~~
proberts
You should contact me so that I can get the specifics but it sounds like you
should be able to do contract work without this affecting your green card
application. To be clear, the issue is not being able to do contract work, the
EAD allows you to do this; the issue is whether this could impact your green
card application.

------
remrem
Hi Peter, wondering if you have worked with many Aussies with the E3 while
working with startups, and the general perception of hiring those eligible for
E3 visas? Just wondering about your thoughts on that, or any general advice
when going for an E3. Thanks

~~~
proberts
We've done a lot of work with Australian companies and Australian citizens and
the E-3 is generally a very smooth process, whether the sponsoring company is
a startup or a large company.

------
tinkyada
Don't know if this is the forum to ask or you have the knowledge but i'll ask
anyway. Is there a reason why India alone receives more than 70% of all H1b
visa (more than twice every other country combined)? Is this by design or
accident? (Also I find most immigration question forums tend to be
dominated/overwhelmed by Indians and their specific immigration questions)
*update with relevant link: [https://www.recode.net/2017/4/13/15281170/china-
india-tech-h...](https://www.recode.net/2017/4/13/15281170/china-india-
tech-h1b-visas)

~~~
baseethrowaway
Statistics.

Imagine 70% of all applicants being Indian nationals. Randomly sample all the
applicants and with a big enough sample size, the distribution will be the
same, i.e. ~70% of your samples will be Indian nationals.

Countries that have the most people in the world have the most people in the
H-1B application process as well. China and India are my guesses, without
looking at the publicly available data on H-1B applications. You don't see as
many Chinese people speaking about it online because they, on average, don't
speak English as well as people from India.

~~~
analyst74
I'm surprised to see a large gap between Indian and Chinese (6:1). Sampling
SoMa rush hour traffic, I would expected something like 3:2 to or even 1:1
ratio.

~~~
Gerrymander
Sf and the bay area has a large Chinese population that has been here for a
long time (from before the times of the Gold Rush). A good chunk of the people
you see are probably Chinese americans, not H1b/Green card holders

------
danellis
Hi, Peter! Thanks for doing this.

I live in the US (green card) and I founded a US company with someone who
lives in the UK. Currently, I take care of development in the US and he takes
care of sales, which are mostly in the UK at the moment. We are also both
directors of a UK subsidiary.

What would be good options for enabling him (and his dependents) to move to
the US once we expand our customer base? We have been looking into the L visa
for intra-company transfer. Does that seem reasonable? Are there other options
for a young company with relatively small revenue and no outside investment?

------
chollida1
Bit off topic but, Canada is about to legalize marijuana.

Do you see US border patrol trying to "sniff out" Canadians trying to enter
the US with specific marijuana related questions?

Are there an specific questions that Canadians who smoke weed and cross into
the US for work, should or shouldn't answer?

I'm not worried about blatantly stupid things like trying to bring in weed to
the US, but more concerned about the estimated 50% of Canadian adults who say
that they have tried, or will try once it legal but who also have to go to the
US at some point in their life time.

Asking for a friend....

~~~
proberts
I haven't seen an increase in questions related to this but I wouldn't be
surprised if there is. Unfortunately, my only advice is to answer honestly to
whatever is asked. Most people encounter immigration problems not for what
they have done but for lying about it.

------
throwawayeng1
Hi Peter,

Thanks for doing this.

I'm on an H-1B visa and my employment with my current employer ends on the
31st of December. I'm interviewing with other companies and am close to offer
from one, but most of my interviews are scheduled for after the holidays. I
was wondering if I could:

1\. accept the outstanding offer, get my visa transferred, but then accept
another offer should I get a better one? 2\. How long can I be unemployed for,
and still be considered as "maintaining status?" 3\. Is it possible to have
multiple companies apply for an H-1B transfer at around the same time?

Thanks.

~~~
proberts
There is now a 60-day grace period after the end of H-1B employment so you
would be considered in valid status and "portable" to a new company until the
end of February, meaning that as long as the new employer files the H-1B
petition before the end of February, you can remain in the U.S. while the
petition is pending and even commence employment upon the receipt of the
petition. And yes, different companies can file H-1B petitions at the same
time but this might cause USCIS to question - if it is made aware of this -
the bona fides of the various job offers.

~~~
ofcrpls
If the applicant does not have a filed H-1B petition within the 60 day grace
period, can they continue to the stay within the US if their spouse is on a
valid immigration status? Can the H-4 change of status be applied after this
time while staying within the country?

~~~
proberts
The change to H-4 status must be filed during the 60-day grace period.

~~~
ofcrpls
Thanks!

------
rishimukherjee
I work for a US-based startup from India. The company was started in January
2016 and I joined in June 2016. The company applied for my H1B and I got into
the lottery and I gave my interview in September 2017. The CEO of the company
I work for is same as the CEO of the previous company I worked for. He left
and started a new company and I joined him. It's now 3 months since I gave the
interview. USCIS gave me the 221g form. Do you think I have a chance of
getting the visa or have you experienced a similar case? Thanks!

~~~
proberts
But you will still be coming to the U.S. to work for the sponsoring H-1B
company? If so, then you should be fine even though your employment in India
has changed.

~~~
rishimukherjee
Yes. I will be working for the sponsoring company. The USCIS has not got back
to me after the h1b interview(3.5 months ago). Is the scrutiny on startup
employees more than multinational companies? I am the first employee of my
employer to sponsor an h1b.

~~~
proberts
That's odd. You might want your employer to reach out to a Congressman's
office to follow up with the Consulate. Were you given any reason at the time
of your interview?

~~~
rishimukherjee
Yes. We did that. The reply from USCIS had nothing other than the standard
reply. They didn't tell me anything in the interview. Just took all my papers.

~~~
proberts
That makes no sense. I would have the Congressman's office reach out again.
What's your area of expertise?

~~~
rishimukherjee
We have e-mailed another Congressman from our state. They launched a
Congressional Inquiry. Hopefully, something positive will come out. My area of
expertise is software development.

------
bbjunaid
I'm a Canadian working for a tech company in US on TN Visa. I want to start my
own endeavor and work in US. Can I start a company and sponsor my own TN visa?
I've heard of friends who have sponsored themselves via their own startup,
they usually put someone else as CEO and got that person to sign their
employment letter. What are the liabilities of that person as CEO? I was
considering making my friend a CEO and having him hire me for the company.
Also, does the company need a minimum revenue or funding?

~~~
proberts
CBP and USCIS consistently deny TN applications by founders and owners now so
this might be tough. Revenue or funding isn't required but the company must be
able to pay the offered wage somehow although documentation of this usually
isn't required/requested. An O-1 or an E-2 might be a better option.

------
tarunkotia
Hello Peter,

USCIS released a memo 204(j) Job Portability
([https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoran...](https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2016/Final_Same_or_Similar_Policy_Final_Memorandum_3-18-16.pdf)).
Does it make sense for a founder of an early stage startup to go through with
it or wait for the approval? USCIS has been taking unusually long time to
process I-485.

Thank you!

~~~
proberts
If I understand you correctly, we've had no issue with I-485s being approved
for those who change jobs (but remain in the same field) and in fact the
interview requirement seems top be speeding up the approval of I-485s.

~~~
tarunkotia
Thanks for your answer. I've been waiting for approval with 330 days already
elapsed. I've not got any RFE yet.

I agree that interview process has been speeding up approvals, I see a lot
approvals post-March on various forums but my case is pre-March 6, 2017. I am
in doubt if I should wait to get approved or to move on to my own startup
given USCIS has really slowed and there seems to be no end in sight.

[edits: typos]

------
kreeWall
Hey Peter! Thanks for doing this! I'm currently working on OPT STEM extension
(F1 has expired so no re-entry) and my company is trying to apply for my H1B -
am I allowed to work towards an online masters? Do I need to be on a new F1 to
do this or can I just do it? Is this different depending on how many credit
hours I take and whether I do this degree seeking or not? Also, can I take
random classes at a University or Community College in person during these
visas or is that not allowed? Thanks!!

~~~
proberts
You can just do this but if and when you are in H-1B status, the majority of
your time should be spent on your job, not on your master's degree education.

~~~
kreeWall
Also, just to clarify, do I need to wait until H1B to take classes or can I do
it while on OPT too?

~~~
proberts
You can do this while on OPT but again the primary focus of your time should
be on employment, not education.

~~~
kreeWall
Thank you for clarifying!

------
phantom_oracle
In your opinion, what is the outlook for foreigners wanting to participate in
YC?

This question is in relation to 2 types of foreigners:

1) Regular foreigners (eg. from Western Europe, etc.)

2) Marginalized foreigners (eg. Muslims, Russians, etc.)

To further expand on what I mean by "outlook": Are foreigners welcome in the
US in this political climate? Can foreigners expect extra/excessive
bureaucracy (especially type 2) foreigners) from authorities? Does YC play a
role in assisting type 2) foreigners who _may_ experience 'issues'?

~~~
proberts
All I can say is that despite all the craziness and hostility surrounding
immigration, the procedures haven't really changed that much, regardless of
the country of origin, and we're still able to get visas for highly talented
individuals.

------
karaulo
Hi Peter, I've just started my GC process with my employer and been told that
my immigration attorney to choose between EB2 versus EB3.

I'm from a country that's counted "Rest of the World" and I've been told that
even though EB2 is quicker, the risk with EB3 with RFE makes things may make
life harder for us, especially a good part of my employment back in my country
of origin was self-employment and kind of hard to prove employment (say versus
working for a corporate).

~~~
proberts
The first step in the process should be to determine what in fact are the
minimum requirements for the job because this could dictate whether this would
be an EB2 or EB3 filing. Right now, for the "rest of the world," there's
really no difference between EB2 and EB3.

------
throwawayvisaq
Hi, I'm currently living in the US as an O3 (the dependent of an O1), meaning
that I can't currently work. Because of this, I've had to reject multiple
offers of software consultancy work. I'm trying to figure out if there's
anyway for me to get into a position where I can accept this sort of work. Is
it possible to do my own O1 application that isn't supported by a company? Are
there any other paths that I should be investigating? Thanks!

~~~
proberts
The most obvious option to me would be for your spouse to apply for a green
card as a person of extraordinary ability (since he or she is in O-1 status,
there might be a basis for such an application) and you, as his or her spouse,
also would apply for a green card and receive a temporary work card after
about 3 months while your green card application is pending.

------
mabbo
Hi Peter,

There's lots of talk about 'rethinking NAFTA'. As a TN visa holder (living in
Canada and working in the USA), this certainly concerns me. But I just am not
informed enough about the situation to know what to expect.

In your opinion, is there any risk that the TN visa program, used by many tech
companies to get talent from Canada and Mexico, is at risk during these
negotiations? Should I be worried that next time I head to work, I'll be
turned away without warning?

~~~
proberts
I think that there is real risk that the TN could be impacted but I still
think that this risk, though real, is low because this would not only hurt
Canadians and Mexicans working/seeking to work in the U.S. but U.S. citizens
working/seeking to work in Canada and Mexico.

~~~
mabbo
Much appreciated!

------
Maven911
I am on a TN1 visa and need to get a H1B as a next step: -two years in a row I
have failed with my current employer, will I have better luck if I change
employers ? Are their stats available ? -what happens if you are let go from
your company and you are on a TN1, how long can I stay legally, but also
practically speaking as well ? -will it be harder to get a re-stamped for a
TN1 in the future ? NAFTA is being redrawn from what I hear.

~~~
proberts
The odds of getting selected in the lottery are not tied to the identity of
the sponsoring company so a change won;t change these odds. You would have 60
days from the date your employment ends to do something - filing a new TN
petition, for example - before you would need to leave.

------
inopinatus
My partner was recently (Q1 2017) a visiting scholar at Stanford on a J-1
visa, and I tagged along on a J-2. We intended a repeat sometime in the next
couple of years, but staff at the Bechtel Center suggested that the J-visa
program might be going away or substantially revised to stymie our plans. They
weren't able to elaborate, however. Has there been a change of J visa rules,
and/or is there such a change in the offing?

~~~
proberts
There hasn't been any change but there has been talk of tightening up the J-1
program.

------
jaredhansen
What do you think of [https://www.bridge.us](https://www.bridge.us) (SaaS
platform for immigration)? I haven't used them yet but I'm a fan of the team
and the concept. We have sponsored a number of J and H visas for various
people at Breezy, and I'm curious to hear your thoughts on the value of this
platform and/or any competitors. Thanks in advance!

~~~
proberts
I haven't used this platform so I can't comment on it unfortunately although I
think that there's a place for immigration-related automation. The challenge I
think is making sure that those using such platforms are aware of all their
options and all the issues because just because something works doesn't mean
it was the best option.

------
gist
> Please remember that I can't provide legal advice on specific cases for
> obvious liability reasons

If you didn't say that what could happen to you and importantly what is the
probability that it would happen?

Are there cases where someone has taken comments and/or nominal advice and
actually brought legal action because they relied on it? Would an attorney
even take that case? Does the bar care for de-minimis things like this?

------
methyl
Is lack of college degree an obstacle for getting a work visa? I’ve been
working professionaly in web development area for 10 years but didn’t
graduate.

~~~
proberts
Not necessarily because in the H-1B context, an individual can have the
equivalent of a bachelor's degree based on professional experience and in the
O-1 context, education in and of itself is largely irrelevant.

------
xocas__
Hi Peter! Thanks for doing this.

So I travel a lot to the US because my gf is from there but we currently live
in Spain, I've always been employed by spanish companies but I have
flexibility on where I can work from. Would it be possible for me to work
while in the states for a spanish company for a short period of time? say 3
days out of a 2 week vacation. Also, would I be able to be on call while
vacationing there?

------
quelsolaar
Im a EU citizen, who in the past have qualified for an 01 visa in the US. Im
planing on starting a US based business based on my technology with a US
partner, we are pre revenue so the company cant pay me yet. What would be the
best way for me to be able to work in the US? If you have gained 01 status, do
can you use that to gain it again with a new employer or do you have to start
over from scratch?

------
tnt242
Hi Peter, I recently received my green card after having held H1B for the
maximum 6 years. That's great but what do I do if I want to work outside the
US, perhaps remotely for a US company? I gather the Green Card expects me to
have certain sorts of attachments or days/year in the US. Also of course I
don't want to pay income tax twice. My long-term domestic partner is a US
citizen.

~~~
proberts
There are certain presumptions, that is, being outside the U.S. for at least 6
months or 1 year, that can cause problems but if these presumptions aren't
triggered, the analysis focuses on intent: is your stay outside the U.S.
temporary and is your intent for the U.S. to continue to be your permanent
place of abode. If it is likely that you will be outside the U.S. for more
than 6 months, then you should get a reentry permit (which is applied for
using USCIS Form I-131).

------
o1visa
I have been working in the US with an O-1 visa for 8 months, but I want to
switch jobs now. I got an offer from two different companies and both said the
visa would not be an issue, but I'm not sure what the process is. Do I need to
apply for the visa again? What happens if the new visa is rejected? When
should I tell my current employer that I want to quit? Thanks!

~~~
proberts
Yes, your new employer would need to file a new O-1 petition with USCIS and if
it were me, even though subsequent O-1 petitions are usually approved, I
wouldn't give notice until the petition is approved. Note however that the O-1
visa in your passport remains valid even if you change employers as long as
there is an underlying approved petition through the new employer.

~~~
o1visa
Thank you, Peter!

------
rdednl
Hi Peter, thanks for doing this.

I'm currently holding a J1 visa sponsored by University of California Berkeley
ending in March. During several discussions for possible internships starting
after the end of my J1 visa, I've been asked if I can enter an internship with
my visa, through a renewal or whatever, or I need to get a new sponsorship and
start the procedures again.

Thanks.

~~~
proberts
Is this an academic J-1 or a non-academic J-1?

~~~
rdednl
I don't know where I can find the answer to this question but I guess it's
academic since I am a visiting research scholar here at UC Berkeley.

~~~
baseethrowaway
Based on my experience in almost the exact scenario (different University),
you'll have to get a new visa, as I did for my internship(s).

There are a few programs under the J-1 visa. You are most likely in a long-
term scholar or a short-term scholar program, and want to switch to an
internship program.

------
ram_rar
I am a holder of H1b visa in EB2, currently working for large tech firm in bay
area. Do patents help in getting O1 or H1 EB1 visas ?

~~~
proberts
Yes, they definitely can help, supporting the criteria for original and
significant contributions and essential roles, among others.

------
perseusprime11
What is your opinion on Trump's new H1-B policy? Will this hurt innovation as
a result of lack of access to talented engineers?

~~~
tchaffee
Not a lawyer and I am also interested in the answer. As a developer though I
often wonder if there is a lack of talented engineers. It seems like companies
want engineers for a big discount. The US immigration system, since it ties
you to one employer, seems to be almost indentured servitude. If you get fired
you lose your Visa. I am not anti-immigration. But I would like to see
immigrant salaries the same as or very close to local worker salaries - that
would be a true indication that you cannot find talent elsewhere. And I would
like to see immigrants able to move from employer to employer. Good question,
and I hope you don't mind me hopping on this with my $0.02.

~~~
sbaus387
I believe this is handled by the concept of the prevailing wage. I'm not
suggesting it is well handled but in theory, you do have to earn at the level
or higher dictated by the prevailing wage for your position.

If I'm not mistaken, there is an effort to push either this number higher or
some other general salary requirement to around $100k/yr. I'm sorry I don't
have precise information here.

Having prevailing wages of ~40k in areas where some people are paid >70k is
probably a reason why some companies can hire below 'market' prices.

~~~
proberts
There is no question that USCIS is more inclined to approve H-1B petitions
where the offered wage is above the so-called Level 1 wage, which is the
lowest acceptable wage in the DOL wage database.

~~~
tchaffee
Not sure what USCIS stands for but I think DOL is Department of Labor.

I did a search here:
[http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-11...](http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1131&area=41940&year=18&source=1)

Which is the Level 1 wage of a computer programmer in Silicon Valley.
$55,203... my jaw drops.

Clearly companies in the US are using immigrants for cheap labor. This hurts
US workers, and the immigrants are being taken advantage of too. Although to
someone from a developing country, that salary might look like a dream.

I'm still pro-immigrant, but we've got to get the base salaries in line with
average salaries of local talent.

------
joering2
Thank you for your time. How hard is it to overcome the Labor Certification
requirement these days?

For example.. if I have remote worker in Europe that worked in our custom
built ERP/CMS system for a year... would my company be able to sponsor said
employee on US soil, solely on the fact that they have this unique skills of
knowing how to operate custom-built CMS?

~~~
proberts
Yes, a Labor Certification could work under such circumstances.

~~~
joering2
Thank you. Are there requirements on 1) how many years said contractor had to
work in such system abroad prior to being eligible to apply for H1B, 2) What
are Government requirements to proof a bona-fide partnership with this
contractor? Will invoices from Europe suffice?

------
kytgrace
My husband is currently holding an H1B visa, and we are planning to start our
green card application process, wondering how long does it usually take?

Also, I'm holding an H4 visa, hoping to work in the States legally, so on
which stage of green card applying process, I could start my I765 Form
application, and how long does it usually take?

~~~
proberts
The answer to your first question depends on the green card path he will be
taking and his country of nationality. Regarding your section question, once
the I-140 petition for your husband is approved, you can apply for a work card
and the process right now is taking about 3 months.

~~~
gusmd
Hi Peter,

Just wanted to say here that in my experience this is now taking much longer
than 3 months. Mine is currently approaching 4 months, and I have colleagues
that have been waiting for over 5 months.

------
o-1questions
I'm wondering how hard the O-1b is to qualify for. How frequently do they get
granted, and are there any specific numeric targets (in number of
views/followers/sales) that need to be met in order to qualify? I'm looking at
applying for an o-1 as an author, and am wondering how feasible this is.

~~~
proberts
While the standard is high, it is oftentimes within reach for many people. I
would need to evaluate your background/accomplishments to give you a solid
assessment.

------
proberts
I am going to take a break now. I will be back in an hour. Again, thank you
all for your questions and comments.

------
sv_h1b
Hello Peter,

What would be the latest missive on EAD affect new EAD petitions? Assuming my
spouse can't work, what are other options?

Thank you!

------
ChicagoBoy11
My current employer had agreed to participate in e-verify in order for me to
be able to take advantage of the STEM post completion OPT extension. They have
now backed away from that. What are my best options? I still have 2 months
left of the original OPT period left.

~~~
proberts
Goodness. You need to find an e-verify employer very quickly or you need to
get sponsored for some other visa category by your current employer such as
O-1.

------
barneydied
Hi, can a non-profit organization working in partnership with a University
qualify to apply for cap-exempt H1b visa? What kind of a partnership should
they have? Is there a minimum salary limit for cap-exempt H1b visa because
non-profits do not pay high salaries?

~~~
proberts
As a general rule, this is possible and there needs to be a clear arrangement
where the non-profit is serving the goals of the university but the same H-1B
wage requirements apply.

------
guptat59
I live outside us and when I apply for jobs in us interviewers back out
(indirectly) once they come to know that I may not be able to join on a
specified date due to the lottery based h1b. What are my other options? I do
not have enough experience for an L1

~~~
proberts
That's a problem with our immigration system. Oftentimes, there are no
solutions for talented individuals. Sometimes the O-1 visa is an option. While
the standard is no doubt high, talented professionals oftentimes meet it.

------
hellojebus
I currently have DACA with no way to adjust status. I'm married to a US
citizen (however no valid proof of entry), are there are ways to adjust status
without leaving the US. Perhaps with a sizable investment/stake in a company
in the US?

------
mattm
I recently discovered that there is a direct path to Green card from a TN visa
although it does involve a little more restrictions.

In your experience, what are the pros and cons of pursuing this path compared
to transferring to an H1-B first?

~~~
proberts
There's really not much difference between the two other than that for someone
in TN status unlike someone in H-1B status (1) the intent to apply for a green
card should occur after his or her most recent entry to the U.S. and (2) once
a green card application is filed, he or she won't be able to travel
internationally until he or she receives a temporary travel document called an
advance parole.

------
forgot-my-pw
If you have to choose a different country to move to, which do you pick and
why?

~~~
proberts
Unfortunately, I'm not deeply familiar with the immigration landscape of other
countries.

------
suryacom
How many years will I need to wait for my green card? I'm from India on H1B -
EB3 and my priority date is today.

P.S. I know it is hard to give exact number, but even a ballpark estimate
would be highly appreciated. Thank you

~~~
proberts
Goodness, a very long time, 8-10 years.

~~~
suryacom
Current priority date for EB-3 India is 2006. For it to clear all the 2007
priority date applications, it will take another 14 years [1].

Since my priority date is today, 12/19/2017, why do you think my wait time is
only between 8-10 years?

Or, did you mean 810 years?

[1] [https://www.cato.org/blog/no-one-knows-how-long-legal-
immigr...](https://www.cato.org/blog/no-one-knows-how-long-legal-immigrants-
will-have-wait)

~~~
proberts
There is an ebb and flow in the progression of priority dates but yes, the
process could take longer than 10 years.

~~~
suryacom
I see. So, will the "ebb and flow", bring down my wait time from 800 years to
300 years?

~~~
canttestthis
Why ask a question if you don't want to hear the answer?

~~~
suryacom
Because he is lying when he said the wait time is only 8-10 years. It is
actually more than 100 years.

But, no immigration attorney will ever say that truth to the H1B visa holders
from India. I had asked this exact same question to my company attorney 10
years ago and the answer was exact same, wait for 5-10 years.

There are around ~70k software engineer coming to US from India, and everyone
of them is told the same lie by their attorneys.

While most of these folks from India wait for their green card for rest of
their life, attorneys make a fortune renewing their H1B every year.

------
porsupah
If someone changes their name, does the timing matter with regard to an H-1B
application?

ie Does it matter much, beyond notifying them, and if so, is it better to
perform that change before/during/after the processing?

~~~
proberts
It shouldn't matter and if there is a disconnect between documents, the name
change documentation should alleviate any concerns.

------
dirktheman
If my ultimate goal is to live in the US for a while, would it be better to
incorporate in my home country (The Netherlands) and open a branch office in
the US at some point, or incorporate in the US from the beginning?

Thanks!

------
ones_and_zeros
A few questions:

1) Have you or your firm ever submitted an O-1 application that did not get
approved?

2) Have you worked with clients that after not getting picked in the H1-B
lottery solved their need by increasing pay and hiring a citizen?

~~~
proberts
Unfortunately, yes to the first and I suspect yes to the second but this is
not necessarily something that our clients would advise us of.

------
jo-m
How realistic is it for a not quite 1yr old, 5ppl startup in the US (with
funding) to sponsor a J-1 internship visa? Candidate is from Europe, will
finish his MSc soon, and wants to do a 6mt internship.

~~~
proberts
It's possible but the requirements are a bit stricter.

~~~
jo-m
stricter in what?

------
atak1
Regarding cryptocurrencies - if we were to create an ICO for purchase, what
would we need to consider from the legal perspective (beyond the consideration
of registering it as a security)?

~~~
proberts
What's your current status?

------
seshagiric
Hi Peter,

Related to greencard - is it possible to change jobs after receiving just
I-140? if so what is the process/ documentation one needs to have.

And big thanks for doing this. We really appreciate your advice.

~~~
proberts
If the I-140 was not a self-petition, you will need to start the green card
process all over again with your new employer. The only benefit that you will
keep is the priority date from your first green card application.

------
hpagey
Is the AC21 and the 6 year H1B extension going to be revoked? If so, that
would mean that without elimination of per country cap, over subscribed
categories cannot get a Green Card?

~~~
proberts
I hope not and I doubt it. From my perspective, that would be a disaster.
Companies would lose talented employees from oversubscribed countries.

------
hennsen
As long as stepping into a us border puts me at risk of „friendly“ immigration
officers forcing me to hand out any cryprographic keys(ssh,gpg) and passwords
to my harddisks and any online accounts, without any need to name me concrete
reason, or worse, being detained and not being allowed legal defense of any
kind, again without telling me any reason whatsoever, not even mentioning any
kind of due process, well, as long as my fate is dependent solely on the
goodwill of the friendly officers that such a thing won’t happen, i guess i
dont need further advice on how to enter this otherwise beautiful country with
a lot of grwat people i met in previous travels...

------
nafizh
What is the requirement in practice for a PhD student(in STEM, specifically
bioinformatics, on F-1 visa) to get a green card on extraordinary abilities
after they finish?

~~~
proberts
This is very case-specific so it's impossible to say but as a general rule,
many PhDs, because of what it takes to get a PhD, qualify for an extraordinary
ability green card. Publications, journal/conference review work, original
research, etc. can support a strong application.

~~~
nafizh
Can you mention a citation number for publications on average it takes for the
green card to be approved? I know it's difficult to get to a number, but I am
just curious to know from your experience.

------
AstraeaM
How would you recommend the government address HB1 fraud, where people on HB1s
are hired by temp agencies, and thus have a much lower prevailing wage than US
employees?

~~~
proberts
Probably the current approach, which is to conduct site visits.

~~~
AstraeaM
As far as I can tell, that is not working because outsourcing companies are
getting a significant percentage of the HB1 visas.

[https://www.nytimes.com/interactive/2015/11/06/us/outsourcin...](https://www.nytimes.com/interactive/2015/11/06/us/outsourcing-
companies-dominate-h1b-visas.html)

~~~
proberts
That doesn't change the analysis. The LCA/wage documentation must still be
maintained at a central location and this documentation can be audited to
ensure compliance even for remote workers.

------
jhkim
What do you think of the current situation of (ex-)DACA recipients? Do you
think the tech industry in general would benefit legalizing those "dreamers"?

~~~
hellojebus
I'm currently a DACA recipient. I got my DACA 4 1/2 years ago. In those four
years I went from no job, to a full-time developer, to a CTO of a multi-
million dollar company that oversees a team of 9 developers. Our company went
from 9 employees to over 40 in that amount of time.

There are so many similar cases of DACA recipients flourishing. Many are devs
or designers having a tremendous impact in tech, and many more are
entrepreneurs.

We, Dreamers, have been waiting for 20+ years for an opportunity like DACA
that allows us to show the US what we're made of and that we really are no
different. We just need to be given a chance to be productive and help pay
back for the marvelous opportunities we've been given.

I can't tell you how excited I am to be able to legally pay taxes. It's a
weird feeling but it's fantastic!

------
mr_inquisitive
F-1 visa, STEM major, graduated, currently on post-completion OPT, employed in
the US by a big company.

Can I establish an LLC and work (earn money) in addition to my employment?

~~~
proberts
You should check with your school to confirm but if you are regular OPT, then
this should be permissible.

~~~
mr_inquisitive
Thank you very much Peter!

------
tchaffee
I am assuming you work on US immigration law? Lots of us here live in other
countries so it would be good to clear that up in your description if
possible.

~~~
proberts
Yes, that's right, my area of expertise is limited to U.S. immigration law.
Thanks for the comment. I'll make that change.

------
nikhilalmeida
Hi, Recently there was a proposal to do away with Employment Authorization for
H4 visa holders. What are some of the next steps you would suggest we take.

~~~
proberts
I suspect that those with H-4 EADs would be allowed to continue working until
their EADs expired so I wouldn't take any drastic measures now other to renew
your H-4 EAD as early as possible and possibly apply in the H-1B lottery.

------
Nagra
When is it safe (ie. not face questioning during the citizenship application)
to be promoted / leave the sponsoring company after a GC approval?

~~~
proberts
Immediately as long as the GC was obtained in good faith.

------
t1o5
Hi Peter,

I was into 3 years of my H1B and quit that job, left US. Can I recoup my other
3 years of H1B without going through a lottery in the future ?

~~~
proberts
Yes, you should be able to.

------
personjerry
I’m a Canadian who wants to start a startup, incorporate in Delaware, and work
on it in California.

Are there visa options that allow me to do this?

~~~
proberts
If you can get some Canadian money invested into the company, whether from you
or other Canadians, then the E-2 could be a great option.

------
dmatteo
Hey Peter, cool stuff here.

Quick question: can I start a company on an H-1B? Also, will my current
employer own any part of it? (California based)

~~~
funkaster
IANAL, but I'm pretty sure you can't.

~~~
proberts
Unfortunately, your H-1B is tied to your current employer so you would need an
H-1B through your own company to work for it.

------
shafyy
What do you think of the International Entrepreneur Rule? Do you think it will
be a good option (if they don't scrape it?)?

~~~
proberts
If USCIS actually processes these applications, I think that it's a great rule
but the Administration has made it clear that it doesn't like the rule and
will try to do away with it.

~~~
lfittl
Is it correct that the entrepreneur rule was reinstated by court order
([https://www.uscis.gov/news/news-releases/uscis-begin-
accepti...](https://www.uscis.gov/news/news-releases/uscis-begin-accepting-
applications-under-international-entrepreneur-rule)) so that entrepreneurs
could actually file for this right now? (until they undo it)

In case they undo the rule, would the already issued paroles and EAD cards be
void?

~~~
proberts
That's right but given the open hostility to the rule, I don't think that
these applications will be processed to completion.

~~~
adora
I've spoken with parties highly involved with the IER that are actually much
more optimistic. Would recommend everyone talk to their immigration attorneys
about their own status and whether applying is worth it or not.

------
mahdix
Other than the H1B visa, what are the options for someone in the IT field to
move to the US (and become a permanent resident)?

------
wlll
Has Trump being elected affected the rate of applications from people wanting
to go to the US?

Are there any other factors that affect the rate?

~~~
proberts
I can only speak anecdotally but I know of a number of entrepreneurs/founders
who have decided to set up shop elsewhere, in Canada for example, because of
concern about the perceived restrictive and hostile immigration environment in
the U.S.

~~~
wlll
Thanks for the reply.

Personally I've travelled to the US many times over the last 9 years from the
UK (I don't want to move there, but have been happy to travel), but have done
so less frequently since Trump was elected. No particular reason, it just
feels a bit "dirty".

------
allenleein
Hi Peter, I'm a foreign founder from Taiwan. What's the chance to get E-1 and
E-2 (and O-1) visa if YC fund my startup?

Thanks.

------
bankim
How does a non-immigrant who is currently on H1B visa in the US go about
starting and working for their own company?

~~~
proberts
There are several options which will depend on your background and country of
citizenship, among others, such as the E-1, E-2, H-1B, O-1, and visas specific
to certain countries of citizenship but many of these require the
establishment of an employer/employee relationship, which can be a stumbling
block. That is why, if possible, the E-1 and E-2 (and O-1) are oftentimes the
best options for founders/entrepreneurs.

~~~
bankim
Indian so E-1, E-2 is out. Thanks for the response.

------
thekonqueror
Hi Peter,

Thanks for doing the AMA. Do you also work with companies that are not part of
YC? If yes, how do I get in touch with you?

~~~
proberts
Absolutely. Actually, I'm not sure if I can give out my email address but the
Hacker News administrator can give it to you.

~~~
thekonqueror
Thanks. I'll contact HN admins.

------
throw16533
Do I have to restart the green card process, if I leave my current company
within 6 month after they filed I-140.

~~~
proberts
Not necessarily. Such a departure could trigger an RFE that would evaluate the
approvability of your application when filed and now. But don't do anything
until you have spoken with an attorney.

------
robot
Hi Peter, can you petition for a green card for yourself with an Investor (E-1
or E-2 treaty) visa?

~~~
proberts
Yes, through the extraordinary ability, national interest waiver, or investor
(job creation) routes.

------
tomcooks
Hi, do EU citizen have some special tricks available when looking for startup
jobs there?

Thanks for these threads!

~~~
proberts
No unfortunately other than that they can travel to the U.S. just on their
passports under ESTA to look for work.

------
boraturan
I am a solo C Corp technical founder (Stripe Atlas). Any advise for similar
founders?

~~~
proberts
Sorry, but I'm not sure of the question.

------
sbaus387
having worked 5 months on an H1-B and quitting. Is it necessary to go through
the lottery again if I find employment once more? If not, how long before
having to go through the lottery again?

~~~
hpagey
Was your previous H1B counted against quota, if yes, you don't need to go
through lottery again.

~~~
sbaus387
It was counted. How long until it counts again? If I got the H1-B in 2016 and
apply in 2019, it's still not counted?

------
tpae
[deleted]

~~~
sjg007
Isn't there a clause that says the note isn't valid without confirmed fund
transfer? I would imagine that since the other party hasn't fulfilled their
duty to you then the contract is null and void.

------
pooren
[https://www.nytimes.com/2017/12/20/us/trump-immigration-
slow...](https://www.nytimes.com/2017/12/20/us/trump-immigration-
slowdown.html)

Gaming the system is not a strategy. Sorry about yer luck. All you and the
companies that hire you are doing is playing a game of liars dice.

------
xandar11
Can I get an E-2 visa based on revenues from my US company? I've read there is
some minimum investment requirement (like at least $100k) for that visa. Can I
use revenues/profits from an active US business to meet those basic
requirements?

~~~
proberts
The E-2 requires a substantial investment by citizens or companies of the same
nationality as the applicant so it's possible, if the U.S. company is the same
nationality as the applicant, that revenues reinvested into the company could
qualify as an investment for E-2 purposes.

~~~
no1youknowz
Hi Peter,

Thanks for doing the AMA.

Can you clarify because I didn't understand.

> if the U.S. company is the same nationality as the applicant.

Let me give you an example.

If I, a UK citizen and currently residing in the UK. I incorporate a company
in the US, a Delaware LLC. That company generates $100k and then is on target
to be generating additional revenues for re-investment in the company.

Can this $100k and re-investment be used to petition for an E-2 visa?

~~~
proberts
Yes.

~~~
no1youknowz
Thank you for the clarification, much appreciated!

------
lurr
Related to a question down below. My employer filed concurrently i140 and
i485, with EAD and AP. It sounded below like once the EAD goes through I could
start looking at for profit side projects or similar things? Or do I need to
wait for a green card?

------
Pooonz
I am on a L1A visa and i plan getting married with a person who is not a US
resident or citizen. What should I do to extend the visa to my partner?

------
gcg1
Peter, thank you for doing this.

I recently cofounded a Delaware corp with a US citizen and we are in the
process of raising US seed investment.

Am I permitted to travel to the US to work on the company under the VWP?

I currently work on the company from London.

------
yoloindo
Thanks for the AMA Peter!

For someone on H1B is it legal to patent an invention on the side (software in
my case) and generate income by licensing it? Will it be considered passive
income?

If no, what options are available short of starting a new company?

------
accountforvisaq
Hi, I hold a TN-1 Visa through an Employer in Oregon.

I signed and returned an offer letter with a different company.

After receiving the offer I signed, the company called saying I'm ineligible
to work in their data center, with their data, as a non-american citizen. They
will not hire me. I have signed nothing further.

(We signed the offer and worked on Visa transfer in parallel.)

Do I have any options? What law prevented me from working?

