
I am Peter Roberts, an immigration lawyer who does work for YC and startups. AMA - proberts
I am excited and honored to provide (hopefully) helpful advice and information to the community.  It can be tough to respond to very fact-specific questions, because relevant information often isn&#x27;t included, so the best questions are general ones or those with all the pertinent facts.  And of course nothing I say should be construed as legal advice.  I will be available for the next 2 hours.  Thanks!<p>Edit (1:10 PM PST) This has been an amazing experience for me.  Thank you all for participating and for asking such pointed and interesting questions.  I look forward to doing this again soon, possibly focusing on one or more specific topics.  I need to sign off now, unfortunately, but best wishes to everyone for a happy and healthy new year.
======
kemitchell
As a fellow (non-immigration) attorney, I'd just like to stress how remarkable
and generous is Peter's willingness to do this via HN, even with the very
obvious disclaimer. It speaks volumes about his confidence in his expertise
and communication, as well as a genuine desire to spread good information
around to those who need it.

Neither the dated, often fuzzy rules about practicing law nor lawyers'
developed risk consciousness encourages this kind of "innovative" altruism.
Instead, they create anxiety that keeps many community-minded attorneys from
doing anything like this.

Bravo, Peter. Inspiring.

~~~
jdoliner
Would you mind explaining a bit more about why the status quo discourages this
type of behavior and what most lawyers perceive as the risks?

I'm not really familiar with how it works and I'd imagine there's others on HN
who aren't as well.

~~~
teachingaway
I think it's 'malpractice' risk. Like, if a lawyer give bad legal advice on a
forum, and someone reads it and follows it and then loses a ton of money
because of it, and then the reader sues the lawyer for malpractice.

The plaintiff would never win the case. But lawyers like to avoid being the
target of malpractice claims, even if they're super-weak / spurious /
whatever.

I think that is the situation.

As a lawyer, I personally don't mind writing about the law or answering
_general_ questions on the internet. I wouldn't answer someone's specific
questions about their personal legal situation though (without an engagement
letter).

~~~
logicallee
right - the status quo would be for Peter to respond to every comment that
about the commenter with, "Talk to a lawyer."

------
mtrpcic
I'm currently on an H-1B in California working at a startup. In my spare time,
I work on side projects that might provide value to somebody somewhere, but
have an operating cost that I would have to cover if I wanted to offer the
project as a free service. I'd like to be able to charge for this (or at least
provide the option of a "Premium" plan) to supplant the money that I will lose
in hosting the platform. I am NOT trying to make this a high revenue
generator, and I am NOT trying to supplant my personal income. I'm more than
happy to have an LLC or corporation (with a bank account), and all revenue
stays within that ecosystem to cover costs. Is this possible?

1\. Can I set up a company with zero employees? Since I am on an H-1B, I am
not allowed to work for this new company that I would create to house the
service.

2\. Is there any legal implications for me of doing this? Most of what I have
read claim that any additional work is illegal, but I am not trying to get
paid. I am just trying to make the service self sufficient so it's not a cost
to me. I will not take a paycheck or salary, and will not remove revenue from
the account of the Corp/LLC.

3\. What other avenues would you recommend for doing something like this? I've
heard from many other engineers in the field that they have similar ideas.
They want to create things to benefit others, but are not willing to do so if
it is a literal cost to them.

~~~
beachstartup
i'm deleting this comment because it was a bunch of practical (as in non-legal
advice) info about running an LLC that could potentially get someone in
trouble if taken as advice.

~~~
angelbob
In California, an employer specifically does _not_ own your side work assuming
you don't use any of their physical assets, protected know-how or paid-for
time.

In other words, if it's genuinely side work.

There's a specific statute to that effect, and they're required to inform you
of same.

(I'm not a lawyer either, but I've worked in CA for a long time.)

~~~
beambot
You're talking about California Labor Code 2870:

[http://www.leginfo.ca.gov/cgi-
bin/displaycode?section=lab&gr...](http://www.leginfo.ca.gov/cgi-
bin/displaycode?section=lab&group=02001-03000&file=2870-2872)

The gist: Has to be your own time, own resources, and not related to your
company's current or anticipated business.

It's that last clause that's the kicker. For some companies, it's easy to
prove -- e.g. wood working is probably unrelated to Twitter's businesses. For
other companies that literally work on everything (eg. Google/Alphabet)...
it's a pain in the ass. Also: Many companies make _reporting_ the IP or side
work a stipulation of your employment contract -- ostensibly, so they can
claim that it _is_ related to their business in some way. It's right there in
Code 2871. :)

PS: IANAL.

~~~
siberianbear
Yes, this.

I consulted with a business attorney in Silicon Valley on this particular
issue when I was considering getting a startup going on my own after hours.
She basically said that there is enough "gray zone" in what I wanted to do vs.
what I was doing for my employer (although I felt they were really distinct
areas of computer science) that if my former employer wanted to go after me
they could easily bury me in legal BS.

Whoever can spend the most on lawyers wins...

------
billconan
What are the options for an h1b who wants to start up?

we can't lose our jobs to maintain the h1b status. will yc care that we are
not working on the idea fulltime by the time of applying to yc? (will
certainly quit the job if accepted to yc.)

what are the common attitudes of companies, like google, microsoft, apple,
facebook, toward employee moonlighting?

~~~
adrianbg
[http://unshackled.co/](http://unshackled.co/)

You can transfer your H1b to them and work on your thing.

~~~
ameyamk
How are the requirements for salary are taken care of? H1b employee must be
paid market rate salary (not in stocks but actual cash)

~~~
winter_blue
There's investment. From the website: "Unshackled takes 5% common stock +
invests up to $160,000 as a convertible note to help catalyze progress."

~~~
FanaHOVA
With $160k you can get a E2 visa

~~~
adrianbg
E2's have to be financed by citizens of your country of origin.
[http://startupimmigrationattorney.com/e2-visa-for-
startups-p...](http://startupimmigrationattorney.com/e2-visa-for-startups-
principal-investor-route/)

------
tinbad
Not a question but wanted to point out the L1 visa that is often overlooked by
foreign startup founders. It allows for founders/workers of foreign companies
to be transferred to a US subsidiary that is majority owned by the foreign
entity. I found it a fairly simple and straightforward process that got me
from nothing to L1 to Green Card in about 13 months (although with help of
immigration lawyer of course). The main requirements are having worked for at
least 12 months for the foreign entity before transferring and the person must
be in a managerial/executive position. Also the foreign entity must own the
majority of the US subsidiary.

~~~
proberts
Fair statement but USCIS can be really tough on new/small company L-1s so
these need to be done right and supported by extensive documentation of the
U.S. and foreign companies' operations.

~~~
TheOtherHobbes
Does this mean you could:

1\. Open a UK small business with yourself as the director and sole employee.

2\. Set up a pass-through corp in the US for remote work.

3\. Wait a while to establish the pass-through, then send yourself a job offer
from the pass-through to the UK.

4\. Get a visa as an employee of the pass-through - which you also own and
control?

Or will the UCSIS laugh at that?

~~~
sparkzilla
You don't need to do it that way. I followed this pattern.

1\. Set up the UK company. It has to have been running for a certain time, and
you have to be an employee of it for at least a year. The business has to be
actually trading and real, have an office and financial results.

2\. Apply for an L-1A, saying you will transfer yourself to the U.S. to start
a new business. You then have a year to set up the new company and get it
operational. You will need to invest at least $100,000 in the business. It
took me less than a month to get the visa.

3\. Renew the L1 for up to seven years. Before then, if your company grows you
can change to a green card. If, like me, your company fails, you'll have to
head back home :-(

4\. It may be easier just to go for an E2 visa, where you invest $150,000 in a
business. There's no path to a green card though.

[http://www.immihelp.com/l1-visa/opening-new-
office.html](http://www.immihelp.com/l1-visa/opening-new-office.html)

------
leroy_masochist
Say for the sake of argument we're a seed-stage startup and we've identified
an engineer with a very specific set of skills -- skills necessary for the
growth of our company -- who would need an H1B to work here legally. All-in,
about how much will it cost us to get that H1B visa processed through the
system in a timely fashion?

~~~
proberts
Legal fees aside, the filing fees are $1575 for a company with less than 25 FT
employees and $2325 for a company with 25 or more FT employees. These are the
fees for regular processing which can take months at present, so premium
processing is required for quick decision and this costs an additional $1125.

~~~
leroy_masochist
Thank you! I know that mileage varies, but could you give a ballpark for what
legal fees might be for a "plain vanilla" case? At the other end of the
spectrum, what are the highest fees you've ever seen from one individual?

~~~
winter_blue
One good thing to remember is that USCIS refunds the entire $2,325 or $1,575
application fee, if you do not win the H-1B lottery. So applying for someone
is fairly low risk, cost-wise.

Attorney fees vary, but some will only charge part of their fee initially, and
the rest is only payable if your engineer wins the H1B visa lottery and their
visa petition is approved.

I just googled, and one[1] attorney ("Zhang and Associates, P.C.") splits
their effective $2400 fee in two: they charge $1200 for the application, and
only charge another $1200 if the the person wins the lottery and their
application is approved. Another[2] charges $895 for the application, and no
more.

With the Zhang & Associates, the total cost of just trying to get your
engineer an H1B visa is $1200. If they win the lottery (odds: 1 out 3) and get
approved, the total cost rises to $4,725. With premium processing, it's
$5,950.

Even though tempting, it might be better to avoid lower cost attorneys (e.g.
that charge below $1000). A good highly knowledgeable (thus, more expensive)
attorney is strongly preferable. Even the slightest error can jeopardize an
application. In addition, USCIS issues various rules and notices from time to
time, and it's good to have an attorney who's on top of all of that.

[1]
[http://www.hooyou.com/h-1b/attorneyfee.html](http://www.hooyou.com/h-1b/attorneyfee.html)

[2] [http://www.usavisanow.com/h-1b-visa/h-1b-visa-attorney-
servi...](http://www.usavisanow.com/h-1b-visa/h-1b-visa-attorney-services/)

~~~
leroy_masochist
This is very helpful, thank you!

------
jeevand
Can founders of a startup who have majority ownership & with appropriate board
having the power to fire them sponsor green card through their startup?
Founders are currently on H1b with approved I-140. Thank you

~~~
semerda
I was in the exact position. H1B founder needed to move to a GC. My 6 year H1B
renew runway was ending. Peter did all the legal/immigration work for me.
Applied for the GC via extraordinary ability (EB1A) context. I must say this
was the smoothest immigration experience ever. And I have gone through 2 x E3s
& 3 x H1Bs using other lawyers. I wish I knew about Peter earlier. Highly
recommend everyone here to work with Peter!!

~~~
thro1237
Do you have a Phd? How did you satisfy the requirements of EB1A otherwise?

~~~
semerda
No Phd. Just Masters & Bachelor. I blogged about my journey as an Aussie
founder in US on a H1B getting a Green Card here:
[http://www.theroadtosiliconvalley.com/visa/green-card-
cofoun...](http://www.theroadtosiliconvalley.com/visa/green-card-cofounder-
startup-journey/) Feel free to reach out if you have more questions.

------
ojbyrne
I am curious about the approach YC takes for foreign founders who are accepted
into YC. How do they come to the US for the initial incubation period? What
happens after demo day?

~~~
atirip
+1 Additionally: i understand EU citizens can be in the US visa free for 3
months. What that exactly means? 3 months per year or 3 months per one visit?
If the latter then how often? Lets assume one gets accepted and decides to
utilize that visa free offer - what should be said at the border if one is
asked.

~~~
mritun
IANL, but here is what I know:

1\. One can't work on the visa under visa-waiver program.

2\. One should not work under the VW, if you get caught, you'll forever
forfeit the benefits of VW.

3\. 90 days is you maximum permissible stay length per visit to US (leaving US
to visit nearby places doesn't count). Note that your ACTUAL permitted stay
length is what the CBP notes in your passport at port of entry. You must leave
by that date.

~~~
gdilla
Work is defined as getting a salary though. If you're accepted into YC, they
are not 1099'ing you or putting you on a payroll. It's like a stipend
(effectively), and legally just an investment in your firm.

~~~
lobster_johnson
A 1099 isn't needed for immigrations to be convinced that you are working. If
you are receiving any kind of remuneration while doing some kind of work, that
counts as working (in violation of the visa waiver program).

------
newuser2016
Hello,

USCIS recently approved my EB1 visa I-140 petition. Since I'm abroad my
process will go thru the NVC and then consular processing. What kind of
questions should I be prepared for at the consular interview? And about how
much time should I have to wait for my green card?

Thanks!!

~~~
klipt
If you qualify for EB1 you almost surely would qualify for O1. If you want to
start working ASAP, you could probably get an O1 visa in a few weeks, enter
the US and work on that, and then file to adjust status to green card based on
your approved EB1 I-140.

------
ancarda
I live in the United Kingdom but I've always wanted to move to America. I
don't know much about the process as I find it very hard to go through the
volume of information online. Do I need to apply for a visa, then find a
company in the U.S. to hire me? Is there a good website for finding green card
jobs?

I'd be grateful for a pointer on doing this or even just an FAQ as a starting
point.

~~~
UnoriginalGuy
Have you looked into US companies that have UK branches? You get hired by the
UK branch, and then ask for a transfer to the US.

London's banking/insurance/etc industry might be a good place to start looking
at that. Getting transfers to New York City is common as heck.

~~~
ancarda
I never thought of doing that! Good idea, thanks

~~~
jfim
Keep in mind that you need to have worked for that given company for a certain
amount of time for the L-1 visa (I believe at least a year).

------
franciscop
I won a NASA contest as a programmer and I'm interested on working in the USA
(also as a programmer). Am I elegible for an O-Visa? My degree is on
Industrial Engineering which I'll finish in January in Spain, my home country.
I also have about 1 year of work experience in two startups as an internship.

PS, thank you so much for the help so far.

~~~
proberts
It's hard to say without seeing your CV but USCIS places a lot of weight on
such awards.

------
shekispeaks
How can people on H1B Visa be founders. What is the best way for them to say
spend 6 months figuring out what the product is without actually having an
actual company?

------
mindvirus
What are the typical visas for a Canadian who gets accepted into YC, and
afterward/during raises seed funding and sets up shop in the USA?

~~~
proberts
There are several options depending on the ownership of the company and the
amount and source of the funding but typically the post-YC options are the TN,
the E-1 or E-2, and the O-1. The H-1B, because of the cap among other things,
is the least utilized.

~~~
throwaway1340
Thanks for doing this AMA. I'm a Canadian who just got his TN visa (Systems
Analyst) but in practice, my salary/responsibilities will be pretty similar to
that of a Software Engineer. As far as the law is concerned, where is the line
drawn between those two occupations?

~~~
PureSin
If you switch jobs you'll have to apply to a new TN visa at the border.

Fellow Canadian that's been in the USA for the past 4 years.

------
mahyarm
How does one with a H1B, TN, H1B1, or E3 visa move from their current US
employer and start their own company legally while living in the USA?

~~~
falsedan
Set up an LLC & extend yourself a job offer. Make sure you have the capital to
pay yourself according to your visa's restrictions, follow the appropriate
procedure for visa transfer, & don't outright own the LLC.

Alternatively, petition to change visa to H-1B & get your employer to start
the greencard application.

~~~
mahyarm
By not owning the LLC, does that mean owning %95 or %4? I often seen %5
requirements in ownership of companies making something invalid.

~~~
falsedan
Don't own it outright, i.e. < 50% ownership.

------
alantrrs
Hi Peter, thanks for taking the time for this AMA. I have a ton of questions,
but here's a summary:

1\. Can I incorporate a company and look for funding under a B1/B2 Visa? 2\.
Once incorporated and funded, what type of Visa could I get for myself to work
for my own company? 3\. Would my two-year home-country presence requirement
"212(e)" affect getting those visas? 4\. If I'm unable to get any other Visa,
could I be living in the US with a B1/B2 Visa working for the company I
founded but without receiving a salary? How long could I stay? How about a TN
or TD Visa?

------
sadok
Hi Peter. There have been several times where YC companies wanted to hire me
(designer) but couldn't because they can't sponsor work visas at the moment.

How hard is it for a YC company to be able to sponsor visas? Have you had
experience with this? And, as an applicant, is there something I could do to
ease the process? Thank you.

~~~
proberts
Unfortunately, it's hard to respond because the facts really matter - the
facts about the company and you - but yes, we have handled work visas for YC
companies and other startups. As a general rule - from a company requirements
standpoint - it's easier to get an O-1 than an H-1B for employment with a
startup.

~~~
rbanffy
How high, exactly, is the bar for an O-1?

------
lfittl
What are your experiences with going from a successfully issued O-1 visa to an
EB-1A?

Any lessons learned / things one should watch out for? (specifically around
required evidence or RFEs that you got issued)

Thanks for your time! :)

------
cagenut
This isn't really an immigration question so much as an avoiding-having-to-
immigrate question:

What are the challenges in having co-founders in other countries and being
able to grant them meaningful chunks of equity. Say example someone with 10%
in Hungary and another with 10% in the Netherlands.

~~~
proberts
Sorry. Outside my area of expertise.

------
RohrerCarlos
Thanks for you time. I'm a chilean entrepreneur developing a startup here in
SF. I'm one of the founders and we have already incorporated as an LLC.

1-What's the easiest path for me to get a visa that will allow me to work and
receive a salary here in the US? 2-Can I do that through the company we just
established?

I'm fully dedicated and focused on our company and growing as fast as we can
and I need to come to a solution to my visa so I can continue working here
with no problems.

Much appreciate your help Peter.

~~~
proberts
You probably have several options but these will depend on the ownership of
the company, the amount and source of funding if any, and your background. The
options that come to mind are the H-1B1, the E-1 and E-2, and the O-1.

~~~
RohrerCarlos
Thanks Peter. I own 30% of the company and we have bootstrapped the company.
We haven't used more than $3,000 on it. My background: I'm an trilingual
Industrial Engineer graduated from Chile with more than 11 years of
experience. Does this information helps to have a more clear focus on what's
the best solution for my case?

Thank you very much Peter.

------
randall
My cofounders are from Finland and Pakistan respectively. We want them to be
able to move them and their families temporarily to the us for a year or two.
Is h1b the best option?

------
disbelief
How would you rate a senior engineer's odds at qualifying for an O-1 visa? Can
they get by on career/work history alone or does it require a level of public
notoriety?

~~~
SeoxyS
3-time O-1 recipient here. Denied for EB-1 once + on appeal.

The O-1, I feel, is pretty dependent on our personal situation, and which side
of the bed the reviewer woke up on when they look at your application. But, it
can be done. Good luck!

~~~
n00b101
Why 3-time? How long is O-1 valid before it expires?

~~~
SeoxyS
3 years term per approval. But you have to apply again every time you change
jobs. I started with one company, then was founder of a startup, re-applied
there, and moved it to another company.

Re-applying is easier once you've been approved once.

~~~
ameen
What's the reapplication process like? Do you need to have done something
exceptional from the time of the previous one's expiry to warrant an
extension?

~~~
SeoxyS
I've never done an extension, just a transfer. It was pretty routine; you just
file the application again just like the first time. Not much of a difference;
other than the previous approval making your chances of getting approved once
more significantly higher.

The first time, I had to get a new visa stamp (which required going back to my
home country to get it from the U.S. embassy); the second time I kept the same
visa stamp and a little piece of paper in my passport showing the transfer.
It's mostly useful as a reference of the case number when I get asked about my
employer (which is different than the one shown on the visa stamp) when I
travel back to the US from a trip abroad.

------
disbelief
If someone is on a visa tied to a specific job at a specific company, what is
the legality of working on personal side projects (that may turn a profit)?

~~~
proberts
This is an incredibly complicated and important question and will very much
depend on the facts - that is, the stage and nature of the project - because
of course it's fine to think creative ideas and even execute them but the line
can be crossed when this evolves into a business or a commercial enterprise.
That line can be fuzzy, however.

------
throwaway333349
Questions regarding international companies being able to sponsor H1B visas in
America.

1/ How long does the process take for a company to be eligible to sponsor H1b
visas. 2/ How much does it cost ? 3/ Does the company need any minimum funding
? 4/ Does the company need to hire a certain number of American citizens/Green
card holders before it can hire H1B visa holders ?

~~~
proberts
1\. There is no waiting period. 2. See response to earlier question. 3. Not
really - USCIS will look at a variety of factors to be comfortable that the
company can pay the offered wage including funding. 4. No.

------
pboutros
We hear a lot about the limited # of H1B visas available, about how it
functions as a lottery, etc... What are common issues with the H1B application
process that don't receive as much public attention?

~~~
proberts
Many petitions get rejected - without recourse - because they're not
submitted/prepared properly and it's much easier to deal with the lottery and
resolve issues with premium processing.

~~~
aandrieiev
Does this mean that premium processing circumvents the lottery whatsoever?

~~~
porsupah
No. Premium processing only affects the speed of processing - the lottery odds
remain unchanged.

------
mydpy
As US citizens, how can we help our international friends trying to get H1-B
support? It is really hard to watch friends get denied, and I really wish
policy makers would admit more very talented people from highly competitive
countries.

One of my good friends from China is gay and if he goes back home, he could
actually be in danger.

I feel helpless and I want to do more.

~~~
titomc
H1B was for skilled workers. Note that I used "was". Some of the ways to help
H1B system.

1\. Stop TCS,Infosys,Wipro & Cognizant bringing in unskilled workers for low
salary. They bombard the system every year and eligible skilled workers should
depend on their luck rather than their skills to get H1B.

Solution : Increase the minimum level wages requirements 2x times.

2\. There are lot of Indian bodyshops in US,which will apply visa & initiate
greencard,so that they can hold a lock on the workers for a very long time.

Solution: Make the H1B visa transfer flexible. Job portability should be made
easy.So that body shops or employers cannot abuse H1B workers.

3\. Conduct a very high level technical interview for the candidates which the
consultant companies present. Many consulting companies bring unskilled
workers with fake resume. So triple checking the background & skills will put
a stop to H1B abuse and skilled candidates will get visas.

------
iktl
Hi Peter – as H1B / E3 visa holders are only allowed to work for the company
sponsoring them, are these holders able to provide contract work (separate to
their regular work) to clients either in or out of the US provided the work is
conducted and billed via a registered business entity in their home (or
another non-US) country?

~~~
proberts
The short answer is no - although there can be exceptions when the only
beneficiary of this work is outside the US.

~~~
disbelief
Just to clarify: in this case it _may_ be okay if you're doing work for a
client outside of the US and they are billed by a business entity that is also
outside the US? So the deal-breaker is doing work for US companies?

~~~
semerda
Might not be that easy esp if your o/s entity still has you as a
shareholder/owner. And if that country has a taxation treaty with USA like
Australia does. Then you need to reveal all your foreign activity.

------
haydenlee
When working for your own company (a Delaware C-Corp) on OPT there is some
language in the policy about having to be an employee, but that you can also
work for yourself. Is being a founder enough to stay in status without
technically paying yourself minimum wage and being on the payroll? And does
this apply to the extension too?

------
baristaGeek
1) Is winning an ACM-ICPC national/regional contest enough to be considered a
top programmer and be able to apply for an O-1?

2) If my B1/B2 visa allows me to stay in the US for 6 consecutive months; can
I do programming, sales, fundraising, etc. for my Delaware C Corp in the US?

------
michwill
Hi Peter!

I am a citizen of Australia and I am going to switch on ZeroDB
[[http://www.zerodb.io/](http://www.zerodb.io/)] fulltime pretty much now. For
that, I have to leave my employer with whom I have an E3 visa (and I have a
wife on E3D). Also I need to travel right after that.

Would there be any problem for us to enter back under Visa Waiver? Should we
just fill an ESTA form online and have back out-of-US tickets on hand when we
enter back? Any possible caveats here?

Another thing - my employer could technically terminate my employment very
close to our date of re-entry (due to some corporate stuff). Would it cause
problems in getting ESTA (when you are still technically on E3 visa but in a
couple of days you're not)?

Thank you!

~~~
proberts
If you enter under ESTA, you won't be able to work for the company and you
will need to leave and reenter again in E-3 status to work for the company.
And yes, if you recently have been in E-3 status and then seek to reenter
under ESTA, you could have problems because CBP could conclude that you are
coming to stay and/or work.

~~~
michwill
Ok, actually the situation is following. We have some pilots with banks
emerging in London where we need to work closely with them. I actually will go
there and my wife will go to the US under visa waiver.

Seems like employment is going to be terminated at December 16, re-entry time
- January 3.

Would there be any problems with this?

------
shekispeaks
Can I drive for lyft part time on an H1B?

~~~
proberts
H-1B employment can be part-time but it needs to be professional in nature -
that is, specialized and requiring a bachelor's degree in a specific field of
study.

~~~
tejaswiy
I'm guessing the question was that the OP was already employed on an H1B visa
with a company, and wants to drive for Lyft.

------
d--b
I currently hold a green card, but am temporarily abroad (2 times 6 months).
How long can I stay abroad and retain the green card, if I periodically come
back to the U.S.? And how frequently should I get back to the U.S. ?

~~~
ameen
From when I was detained (those "random checks"), I overheard an official say
that they need to be in the country for atleast once in 6 months, and the
taxes need to be filed (this was for an old couple, not sure about their
fate).

~~~
d--b
Thanks I've heard similar things.

------
jason558
Hi Peter, thanks for doing this session! My question relates to techniques and
probabilities of getting H1B visa for potential hires. We are a 5 year old
profitable start-up with more than $1 million in revenue...how hard would it
be for us to sponsor a potential new engineering hire for the visa process? I
understand that it can cost $4k in the application and X in legal fees ($5k?)
which we would be ok with.

My questions are (a) what are the actual chances of success given the lottery
system process for sponsoring an employee for the H1B visa, and (b) are we
limited in the # of applications?

~~~
Eridrus
Obviously not the OP, but the lottery is meant to be completely random, where
the only thing that helps is being in the advanced degree bucket where you
essentially get a chance in two lotteries.

Last year the success rate for those without advanced degrees was something
like 33%.

I _think_ you get one application per person, so you will hopefully get 1/3 of
the visas you request, essentially 3Xing your costs.

~~~
vickychijwani
The cost wouldn't be 3X, as USCIS refunds the application fees entirely if
you're not picked in the lottery. However the lawyer's fees are still a cost.
Source: [http://www.murthy.com/2015/06/25/uscis-returning-h1b-cap-
pet...](http://www.murthy.com/2015/06/25/uscis-returning-h1b-cap-petitions-
not-selected-in-lottery/)

------
focus986
I was married to a US citizen for some years and recently got divorced over
infidelity/financial issues (have proof). I have since filed an appeal as
"Abandoned Spouse" which has yet to be acknowledged by USCIS so I am yet to
have a new case number at all. My current work permit has run out and I have
received notice to appear for Removal proceedings in Sept 2017. Is there a way
to get my work permit renewed in the interim? I am yet to receive
acknowledgement of receipt from USCIS about my abandoned spouse appeal

------
bobfunk
Hi Peter,

I have a question about E2 VISA's and what to do when you raise enough funding
that you loose majority ownership?

The situation is company with 2 founders on E2 VISAs with majority ownership
of a company, who'll most likely not be able to keep majority ownership after
a series A.

Is there a good way to prepare for this and a good alternative strategy to not
end up with a series A funded company where the founders can't stay in the
country?

And do the E2's stop being valid once the founders loose majority ownership,
or is it just impossible to renew them?

------
erehweb
Is there a good source of information for Presidential candidates' proposed
changes to immigration laws? If you were a betting man, what (if any) changes
would you bet on post-election?

~~~
SeoxyS
I would love an answer to this question! In this current election, it's
unclear what candidates' positions are towards tech sector immigration.

------
kylnew
In your experience, how necessary is it for Canadians and Mexicans applying
for a TN Visa, to be accepted for Software Engineer or Computer Systems
Analyst jobs without a degree in computer science or engineering? For example,
I have a B.Comm degree.

I've heard it's a bit hit and miss and if you don't have a good lawyer working
on your side getting through might be tough. I'm not sure if it's a different
story for H1B Visas though.

~~~
canadiancreed
I'm not a lawyer, but as a Canadian that does not have a degree in Comp Sci
and has been looking for work in the United States since 2006, I'd like to
share my experience.

In a nutshell, I've been told time and again that having a degree will help,
although how much one that isn't related to your discipline may not be worth
much more then the paper it's printed on. To give my experience, I've been
told by multiple companies within the last year that it's basically no Comp
Sci (or equivalent two year college course), no chance. Your degree in an
unrelated field might help a bit, but I wouldn't put much weight in it when it
comes to immigration VISA time.

~~~
kylnew
So have you ever managed to get a TN or H1B Visa opportunity in the US?

Everything I hear sounds so anecdotal it's hard to get a grip on what matters.
Hopefully the more applied years helps too (I have 6). Still, it sounds like
getting in may be a matter of strong-arming through law/lawyers.

------
infocollector
I am currently on F1 (Alien from India, getting my PhD in early 2016, Computer
Science) and am planning to apply for either the EB-1 or NIW. I have one
publication (and multiple submitted), and my work has mostly gone in
supporting Department of Defense. Do you recommend EB-1 or NIW route, or
perhaps something else? I do have strong letter writers both in the DoD and
Academia/Industry.

~~~
proberts
As a general rule, if there is a clear national interest being served, an NIW
green card is a much easier route, although EB-2 so the process is very slow
for Indian nationals. Without seeing your CV it's hard to say but the EB1A is
the only avenue for getting a green card now.

------
OSButler
There was a post here a while ago about s.o. coming to the US on a tourist
visa asking to do volunteer work in return for a place to stay. I'm just
curious if you've ever dealt with similar cases, where people came into the
country with the wrong visa, found a place to live/work, but then had to get
their papers sorted out to be able to stay? Were they actually able to stay or
did they have to go back and apply from outside the country (US) again?

And more of a personal anecdote than a question, but during my own immigration
process I've noticed that there appear to be mostly people who are either
extremely over-prepared (have all the documents filled out in advance with
additional papers/proofs/documents for every single step), or they are not
prepared at all. My fondest memory was a man walking into the embassy asking
to immigrate right now. No papers, documents, nothing. Just walked in, went to
the clerk's window and asked to immigrate today. Even the clerk was a bit
dumbfounded by the demand.

------
erispoe
Could the administration decide to lower the bar for some visas, like O-1,
without the need for congress to approve it?

For instance, could the administration decide that anyone with a PhD, or even
a master's degree, is eligible for a O-1 visa? If that's the case, why is the
focus some much on statutory reform and not on the administration which could
get results much more quickly?

~~~
proberts
No, the requirements are statutory. That being said, the weight that factors
such as education are given is in the end subjective and discretionary, and
the agency could take the position that certain factors, such as a PhD, should
be given substantial weight.

------
jensv
Can you recommend some immigration resources for self-service? I am a Canadian
who is seeking better work opportunities State side, with a Bachelors in
Computer Science and 3 years of experience. I wonder if flying down with the
intent of networking and finding companies to meet is a good and realistic way
of meeting employers and lining up interviews.

~~~
adomanico
I would say start looking from Canada. I did that late 2013 and by January
2014 I was in California working at a startup with TN status.

------
h1b_transfer
Thanks for doing this! I have a question regarding time off between jobs while
on an H1B.

I've been working at a startup for 2 years that sponsored my H1B. I've just
accepted an offer at a big tech company, and they are transferring the H1B in
the coming weeks. In the meantime, is it OK if I take 2-4 weeks off in between
the two jobs without pay?

------
octopus00
Hi Peter, thanks SO much for doing this

\- Is it ok to form a side company while on H1B?

\- Is it ok for me to develop free or paid apps through my own side company
(just me doing everything, without hiring anyone else)? If not, what do I need
to do to not violate my status?

\- What are the minimum criteria for an O visa and is that a viable solution
if the side company is going really well?

~~~
proberts
All work must be authorized, so work for a side company must be work
authorized, although it's possible to hold both full-time and part-time H-1Bs
or O-1 or TNs with multiple companies. The criteria for O-1 classification are
listed on USCIS's web site - too much to note here - but as a general rule, if
a company is doing well, then it's relatively easy to get an O-1.

------
keyblock5
Hi Peter, thanks for your time.

I have job offer to work in US, reliant on immigration.

I haven't completed my bachelor's degree, and my final exams are after the
April 1st 2016 deadline. I do not have more than a year of professional
experience. UK citizen.

Am I right that an H1B won't be applicable? Would any other visa types fit
(Other than work abroad, then L1)?

------
haydenlee
What's the current status of the OPT extension? I'm a co-founder of a startup
that I started during my 12 months of OPT and its about time to apply for the
extension, however I recently realized there'd been some changes to it.

Should I apply now for the extension or do I have to wait until further
policies are put in place?

------
ic10503
I am moving from a big company to startup and I have initiated my h1b visa
transfer. I want to take a break between the two jobs. Is it OK to go outside
US after leaving the current company and come back to start working for the
startup ? Will carrying the approved h1b petition for the startup be enough to
re-enter US ?

------
CAThrowAway
Hi Peter,

Thanks for taking two full hours to do this - I've learned a lot.

I am a US/Canadian dual citizen, my cofounder is Canadian. We're currently
running our business as a Canadian corporation, but would like to set up shop
in San Francisco full time over the next year or two, preferably incorporating
in Delaware.

My cofounder has a BSc and has done some impressive things in her career, but
the O-1 looks difficult from the outside. We're in a position to raise ~1M of
funding from US investors over the next 6m - would that make her eligible for
an E-2? The L-1 looks like a reasonable fallback if we can get nothing else
setup over the next year, but we've been told not reincorporating as a
Delaware corp will make fundraising more difficult.

Is there an obvious standout option here? Are there any that I'm missing?

Thanks!

~~~
proberts
Without knowing more, it appears that the O-1 and the TN might be very good
options.

~~~
CAThrowAway
Does the TN visa limit the holder from participating as an owner of the
company where the holder is employed?

------
hamhamed
Hi Peter, thanks for doing this. I've been applying to YC for the past 4 years
and never gotten an interview, I'm starting to suspect it's because of my
background (hence they never reply to you with the reason of rejection). I'm
born in Canada, meaning I'm Canadian, but I never managed to finish my college
CompSci Degree so I'm not eligible for a TN-1 visa. However I do have around 6
years of professional web dev experience, founded a couple of startups, raised
money and exited. I am 23 now. Any tips?

This might also help, but I did not finish my degree because I was kicked out
of college:
[https://news.ycombinator.com/item?id=5090007](https://news.ycombinator.com/item?id=5090007)

~~~
proberts
Of course. You might still qualify for a TN without a degree under non-
engineering occupations. I'd need to know more about your education and work
experience, however.

------
Eridrus
Is it possible to transition from an E-3 to a green card directly?

I had a person at the US consulate remark on the fact that I was applying for
a third E-3 visa with the comment "you can't keep doing this indefinitely", I
didn't challenge him, but this by understanding was quite the opposite, that
there was no limit on E-3 visas issues; can you provide any insight into this?

If I obtain a green card by marriage, but then split up before the 2 year
deadline, does that have negative repercussions on your ability to get
employment-related visas? I've already been dating my girlfriend for 2 years
and we've been living together for most of that, so it's something that comes
up as a reason to get married, but I'm not sure if it's a good idea.

~~~
kijeda
I received counsel that I needed to transfer from an E-3 to a H-1B before I
could apply for a green card. That is what I did, and I now have a green card.

I also found that E-3s are sufficiently rare, I got conflicting comments from
border agents, consular officials etc. Most had never heard of it, or applied
understanding they had from other similar visas. (Admittedly, I first obtained
mine the first year that category was created.)

~~~
Eridrus
Yeah, I recieved similar counsel, but I didn't get through the H-1B lottery
last year, so I'm wondering if there are other ways.

------
yranadive
What are the top 3 things required to make a strong case to get EB1 for
startup founders on H4 EAD?

~~~
proberts
That's a tough question because USCIS really looks at the totality of the
evidence but (not surprisingly) awards, press, and original
contributions/patents are important (although not necessarily required).

------
morriswong
How does a startup know if what they are doing is breaking the law or not?
Usually ideas are cool until they realized that there might be legal issues
that aren't intuitive enough or straight forward to those who does not have a
law background.

------
izzosismyfav
I'm graduating senior(F1 visa) in this December. I'm waiting for my OPT card.
Can I work in between that? Once I get my OPT can I apply for H1B on year 2016
or will I have to complete H1B? What other legal things I need to be aware of?

~~~
proberts
You can't start working until you have your OPT work card in hand. There are
circumstances where someone who hasn't yet graduated can be sponsored in the
H-1B lottery, but this essentially requires the student to have completed all
requirements for the degree by the time of filing (in April).

------
fawaz
Canadian starting a startup in the US:

I haven't launched my startup yet, and I reside in Canada. I've never been
employed in the US.

I'd like my startup's HQ to be based in the US. What's the best way for a
Canadian to set up base and launch in the US?

------
anarazel
I think it'd be awesome if somebody with actual clue, and without the primary
intent of getting new clients, would start collecting information about the US
visa situation at some permanent location.

Looking for information about US Visas on your own right now is made very hard
by all the immigration lawyer's homepages. Those mostly seem to contain copied
and low quality content. Often with conflicting or outdated information.

Given the obvious desire, by US companies, of hiring non-residents, it seems
that there'd be a rather big collective interest in providing quality
information.

------
immiques
Hi Peter,

I have a very specific question I think will apply to many people here. Me and
a buddy who is from another country are building a product. We will soon be
done with the product and we are thinking about registering the company here
in the USA just because it is very easy to get funding here. The company will
be a registered in both of our names, (even though he is a foreign national, I
am flat-out assuming this is possible). Eventually, if the company does well
we would want to stand up an office here. At that point, what are his options
to get to USA ?

~~~
proberts
This will depend on a number of factors including the nationality of the
company and your friend, and the amount and source of any investment, but the
options that we typically look at (aside from country-specific options) are
the E-1, E-2, L-1, and O-1.

------
an4rchy
Great topic.. just out of curiosity.. Has YC directly sponsored any H1B visas
(if not for founders but people who actually work for YC)? I tried the usual
h1b websites and couldn't find anything...

------
KAdot
Can I sell my own software as a H1B worker? E.g. my own apps in App Store?

~~~
proberts
Another excellent question. Any compensation for services rendered - for
productive work - must be specifically work authorized, so as a general rule
selling a product created by you - whether it's an application or a widget -
requires work authorization.

~~~
goodcall
How about a H1b holder participates in a hackathon with cash prizes and wins.
Can he claim the money ?

------
patrickddaniel
Let's say you're working toward getting an O-1A, and you fulfill the three
categories out of eight, how broad can you make the scope of work that you can
do? (since the category includes sciences, education, business, or athletics)

For example, if you are not set on one career, and have pursued 3-4, and you
get the O1 for one career (where you can show extraordinary proof), can you
still do work in other areas? In other words, how broad can you define the O1
so that you could do almost any type of work as you could do with a greencard.

------
diogenescynic
How do you feel about companies and law firms gaming job postings to
disqualify qualified workers in the US so they can hire a candidate on a visa
for much less? Employers are posting jobs that don’t really exist, seeking
candidates they don’t want, and paying for bogus non-ads to show there’s an IT
labor shortage in America. Here is the law firm Cohen & Grigsby advising other
employers in running classified ads with the goal of NOT finding any qualified
applicants, and the steps they go through to disqualify even the most
qualified Americans in order to secure green cards for H-1b workers:
[https://www.youtube.com/watch?v=TCbFEgFajGU](https://www.youtube.com/watch?v=TCbFEgFajGU)
Do you consider this abuse or fraudulent? Also, how much of your firm's work
is done by paralegals using templates and boiler plate support letters?

~~~
dang
I'm sure Peter would have interesting things to say about these issues (though
he has left the thread at this point), but I doubt that it would be a good use
of his time to delve into political controversies when so many founders and
employees have specific questions in this thread.

Also, a matter of community etiquette: we don't invite people here to be
cross-examined, which is what your questions sound like.

------
ameen
Is it possible to start a company on a B1/B2 Visa? This would an extension of
my startup in India. Is any investment required? We're bootstrapped and yet to
launch our product.

------
geoka9
Would you recommend a Canadian wishing to work (remote, from Canada) for a US
employer to get a TN visa. The work may require short (2-3 days) onsite visits
several times a year.

------
throwawayforlaw
Hi Peter! Thanks for doing this AMA.

I had a question about H1Bs. My F1 OPT expired Feb 2015 and I had a grace
period of 180 days to apply for STEM extension. But in the meanwhile (April
2015), I heard that my H1B got picked in the lottery. So I googled it and read
someplace that I wouldn't have to worry about the OPT STEM extension anymore,
so I didn't go forward with my STEM extension application.

Is this something I have to be worried about going into my visa interview in
my home country?

------
graeme
What are the odds of getting an O1 visa in a very small niche. I'm
legitimately one of the top experts in the field of LSAT preparation. I've
published several books, run a popular website, moderate a major forum, and
have written guest articles for most major sites about the LSAT.

However, it's a small field, and not one that attracts much press coverage.
How does this balance out?

I run my own business. All online, mostly US customers, soon will be a
Canadian corporation.

~~~
SeoxyS
I'm not proberts, or an attorney, but, as an O-1 recipient: The requirement is
being at the "top of one's field" and proved through publications etc. I'd say
you have a better shot as a big fish in a small pond (expert of small niche)
than you would as a small fish in a big pond.

------
rdc12
Is getting a visa to work at a U.S at startup something unique to the YC
program? I am/was under the impression that the company had to be accredited
to be able to employ foreign nationals.

Is there any advise you can give for a current undergrad (for me personally
citizen of NZ and UK if that matters) to improve the odds of being able to
accept a job or PHD study in the US (on the visa side of things), both at
application time and now til then (~2 years away).

------
anindyabd
The 17-month OPT extension has recently been terminated by a court. What are
the chances that a new rule will be implemented regarding the OPT extension?

~~~
proberts
My understanding is that it is very likely that the OPT STEM extension will be
reinstated.

------
sul4bh
How does H1B and remote work? Say, can I work in Nashville remotely from home
for a company in San Francisco and have a valid case for getting H1B?

~~~
proberts
Yes.

------
poerkladsfl
L1 related. What should I do if I want to go work for a different company but
am currently on an L1-A visa (been here in the USA for 3 years).

~~~
proberts
You would need to switch to another status such as an O-1 or an H-1B (if
you're not from a country with other visa options).

------
laxinger
Hi Peter. I'm currently preparing for O1 visa. I'm on B1/B2 visa now and
planning to extend 2 months so I can stay total 8months while I prepare for O1
visa. My question is if I ever get denied for extending B1/B2, can I have any
disadvantages when I apply for O1 visa? I met a person who told me this but
I'm not sure whether this is true.

~~~
diogenescynic
If you're here working on a B1/B2 visa, you're already breaking the law.

------
tosseraccount
Critics have charged that H visa guest worker programs are subsidies to the
already rich holders of enough capital to influence inside the beltway
politics. They say that the program is designed to keep wages down and
facilitates outsourcing. Are the current laws also a subsidy to the legal
industry who get to charge for an overly complicated process?

~~~
proberts
I think that that's a fair criticism of every benefit that the government
offers that requires legal assistance to obtain, whether an immigration
benefit or not.

------
n00b101
What is the usual or best process followed by Canadian citizens who get into
YC and then relocate from Canada to Silicon Valley?

------
shpx
If I were to take a year off school right now, can I still get a J1 for an
internship this summer?

Also just wanted to say thanks for doing this.

~~~
proberts
It's possible, yes, but have this conversation with a J-1 sponsor since the
J-1 sponsors make this determination.

------
sn0v
Hi Peter, thanks for doing this.

How would you recommend an H1B holder go about transitioning to
founding/working for their own startup?

~~~
proberts
There are lots of visa options dependent on a variety of factors such as
country of citizenship, amount and source of funding, ownership structure. But
often there is a solution.

------
ojbyrne
I'm curious about gambling while on a work visa. It seems obvious that
spending your vacation in Vegas is acceptable, but what if I think I'm good
enough to become a professional poker player and decide to pursue that part-
time while working full-time. At what point (if at all) does it become an
immigration issue?

------
erispoe
What is the best way to transition from a J1 visa (visiting researcher) to a
visa allowing to work one's startup?

------
roadbeats
The new startup I joined is filing a new H1B instead of transferring (because
it took so long to transfer due to company's registration progress).
Previously, I was filed H1B two times (2011 and 2014). Is third time possible
? Especially now, since visa regulations are getting strict for security
reasons.

------
gemmakbarlow
What process would you recommend for a startup looking to relocate software
developers immediately from the UK to the US?

The H1B process officially kicks off in April, so am interested to hear about
types of contractual agreements that might allow employment from now for the
next twelve months whilst processing is underway.

------
homakov
What's best way to move to US and not work for anyone and not invest much
money? O-2? I work in infosecurity

------
a-zA-Z0-9
Hi Peter,

I'm a Canadian and I had an H-1B several years ago. I used about 2.5 years of
it and left US in summer 2011 before using up the full 3 years.

Am I eligible to come back on H-1B without lottery by claiming the remainder
time? I read something about this online saying that I can come back on H-1B
before 6 years past the date I left US?

Thanks!

~~~
hpagey
I was in similar situation. I think your new petition will not count against
the quota if you were holding H1 within last 6 years.

~~~
proberts
That's right. You have the option of not being counted against the cap.

------
danieltillett
Peter a basic question about the L1 visa. If you are the owner and manager of
an established foreign business can you apply for an L1 to establish the USA
branch? Does the USA branch need to be established for some length of time?
Does being the owner of the foreign business cause problems?

------
PureSin
Hi Peter,

My wife and I are Canadians working in California on TN visas. I'm at a small
startup that doesn't sponsor H1-B but I might start my own business in the
future. Should I look switching to a larger company in order to get H1-B so I
have the freedom start my company?

Thanks for doing this AMA.

------
kur158
Hi Peter,

I want to know how can a founder and a co-founder who are on F-1 and F-2 Visa
respectively start a company. What are the requirements for the company to
sponsor their own Visas at a later date if and when required? Do investors
have a bias against investing in such companies.

Regards, Kris

kur158@psu.edu +1(814)321-7651

------
judge
Can you complete an H-1B transfer (moving from one job to another) while
outside the US (traveling for 2 weeks), so that upon your return you can join
the next employer? Or do you have to physically be in the US while the request
by the new employer is filed and accepted?

------
arunbahl
Are there options for a foreign national to move from an E-2 visa (treaty
investor) to permanent resident status? I've heard that it wasn't possible
previously but now may be, making the E-2 a possible "startup visa" for many.

And thank you for doing this!

------
susiemielekim
I'm currently under OPT visa until next August. How would getting a resident
visa work after incorporating the company in my home country work? (the
company has already been incorporated in United States under the other co-
founder). Thank you!

------
throwaway_nj
Can you share some advice on how to build a prototype / proof of concept while
working as an employee? I have read this is not an issue in places like
California as long as you do not use company resources. But what about states
like New York?

------
ulobabacan
In these days, how long does it take for a H1b holding engineer from a "rest
of the world" country to get green card via EB2(or EB3 if faster) from the day
the current company starts the progress?

Also at what stage he/she can change the job?

~~~
hpagey
H1b visa is completely independent from your GC application. Your employer has
to apply for your green card.

According to latest visa bulletin (Jan 2016) EB2-ROW is current and EB3-Row is
01 OCT15. It takes approx a 12-18 months to get your labor/i-140 to be
approved.

------
_fabio
Hi Peter, thank you so much for doing this!

I'm a student on F-1 visa. Am I allowed to form an LLC and sell products /
offer services, while revenue from said products or services will be kept in
the company bank account, without me pulling a salary?

Thank you!

------
msvan
I'm told that it's easier for musicians/artists to get O-1 visas than for
software engineers. Are software engineers disadvantaged from getting the O-1,
simply because the visa wasn't designed for software talent?

------
cpenarrieta
I am from Peru and I have a software engineer degree, I'm currently taking a
Dev Bootcamp in San Francisco and will look a job here after that. I am
currently with my Tourist visa. What are my real chances to get a H1B visa?

------
henkel
As a competent and above average software engineer from Morocco, not holding a
university degree, what are my options for a work visa in the US, assuming I
get a job in a company willing to put every possible effort into this?

~~~
canadiancreed
I'm not a lawyer, but as someone that is in a similar boat degree wise, my
experience has been that the chances are next to none, and have been told more
then once in the last few years that any sort of related degree will help get
over the hump that is immigration over just having experience.

Source: Fellow non-university professional, looking for work in the US off and
on since 2006, with no luck.

------
crorella
Hi, right now I'm processing my perm, in particular, the PERM application was
sent to the DOL last September. I would like to know if there is any problem
if I change jobs now. Will this cause delays in the process?

Thank you

------
miciah
Hello,

Is it possible to do YC, if the founders are initially registered as
'tourists'?

~~~
proberts
Initial admission as a B-2/WT tourist allows the individual also to engage in
B-1/WB business visitor activities, such as participating in a program like
YC, but the facts here do matter, such as what was represented by the person
when he or she initially was admitted.

------
shpx
Canadian, recent high school grad. What are faster ways to working and
eventually living in the US than doing a degree then getting H1-B?

F-1 and OPT then H1-B? O-1? Making some money in Canada then starting a
company and E-2?

~~~
klipt
Canadians can work on TN (treaty NAFTA) visa if your profession is on the
list.

[http://canada.usembassy.gov/visas/doing-business-in-
america/...](http://canada.usembassy.gov/visas/doing-business-in-america/tn-
visas-professionals-under-nafta.html)

~~~
cperciva
TN requires a degree, though.

That said, I don't think there's any good route for a Canadian high school
grad to immigrate to the US. So my advice to shpx would be to spend the four
years to get a degree, and then go for TN.

~~~
canadiancreed
As someone that went down the experience route instead of degree, I'd strongly
second this advice. Without it, you're effectively locked out of the US
barring a radical loosing of their immigration laws.

------
nathanvanfleet
If I come over from Canada and work somewhere, is it easy to change my job to
another company if things don't work out? Do I have to leave and come back? Is
there a deadline in finding a new job?

~~~
woud420
IANAL but having been in that situation, I think I can answer. I'm assuming
you would be under a TN status. It depends partly on the timeline. Finding a
new job is relatively easy (depending on your experience and the market) and
you can file for an I129 (Change of Status I think) to get a new TN status or
change of employer but the main thing to remember is to file this prior to you
receiving your last pay check. It will also require for you to show your last
two pay stubs with your demand to show that you've actually worked at your
first place of employment but it's relatively simple. However, going back to
the border is much quicker and you get a decision on the spot compared to
filing the I129 which takes 15 days and costs ~1500$ (compared to a new status
application at the border, 50$).

If the new job doesn't work out (layoff/fired/quit/etc..) you are supposed to
leave on your last day of work. There's no "grace period". If you want to stay
you need to apply for a change of status to a B-2 in order to wrap up US
affairs which will give you up to 6 months. Let's say you find a new job
within a month, I doubt you will actually have issues but you do need to leave
the country and come back.

~~~
nathanvanfleet
So is this a scenario where you can hope to actually settle in the US? Because
it sounds incredible unstable and temporary.

------
manuelgodoy
I have 5 years of experience and a BS and MS degree in Electrical Engineering
from a top school in the US. How easy is for me to get an EB2 visa if a
company is willing to do the process?

------
nathanvanfleet
How does the process work. If I (a Canadian) get a job in the US, what is the
timeline for me to be onsite working? What kind of help settling (finding a
place to live etc) is there?

~~~
jfim
Assuming you qualify for TN status, it's pretty quick (matter of weeks); you
need to get the appropriate paperwork in then show up at the border and say
you're applying for TN status. The immigration lawyers for the company that's
hiring you will explain this in more detail.

As for relocating, that's up to your employer, but many employers offer help
with relocation (eg. temporary housing, relocation stipend).

------
alinspired
What happens with L1 visas of a company that is acquired by another US
company?

and related: How long until you have to leave US if the L1 issuing entity is
acquired (and disappears as an entity)?

------
tty7
1\. What is the best course for an E3 Visa holder to move to a Greencard? (or
something similar).

2\. If an E3 Holder would like to found a startup, how does one go about self
sponsorship?

~~~
proberts
1\. The underlying nonimmigrant status - whether E-3 or H-1B or O-1 - has no
bearing on green card options so it simply will depend on which green card
option one qualifies for - irrespective of underlying status.

2\. The short answer is that self-sponsorship isn't allowed in the E-3
context.

------
raitom
Hello,

Is it possible to apply directly for a green card through employment while
being on J1-Intern visa? How long do you think it takes to receive it if
approved knowing I'm French?

Thanks

~~~
jrm2k6
I think you need to get an H1B first to be at least eligible to the green
card. J1 is a visa with no intent of immigration.

------
edko
I had an H1B visa granted to me in 1998, but have never used it. Would that
have any influence, either positive or negative, on me getting a new H1B?

------
golergka
How important a degree is for H1B? I think given amount of self-taught
engineers in the profession, you have to answer this kind of question a lot

~~~
sjf
It's a requirement. (IANAL)

~~~
SeoxyS
You can get around it by showing a significant amount of professional
experience. But it's not easy. (You still have to go through "labor
certification")

------
shpx
I will need a J-1 visa this summer, but I applied for the diversity visa this
year. Could my J-1 be rejected for having an intent to immigrate?

------
mohamm
[http://www.facebook.com/mohammad123](http://www.facebook.com/mohammad123)

------
throwaway-apg
Hi,

Can you describe in practical terms how the requirements between an O1 and an
EB1 differ? If I got my O1 recently, can I reuse the reference letters
directly?

Thanks

------
BradRuderman
What is the average cost you recommend for a new the H1-B petition? What about
an h1-b transfer? (Legal fees not including filing)

------
erispoe
How hard is it to create an entity that is H1B cap-exempt and can this entity
be related in any way to a for-profit company?

~~~
proberts
The entity can't be related to a for-profit entity but it's not difficult to
create a cap-exempt company if the appropriate affiliation exists - but that's
the challenge of course.

------
susiemielekim
Currently under OPT visa co-founding a startup. How would a resident visa from
my home country work?

------
patrickddaniel
Can you get a J-1 visa even if you have already had 2 OPTs and studied for
undergrad and grad in US?

------
goodcall
If a H1b holder participates in a Hackathon with cash prizes and wins. Can he
claim the money?

------
chill_bro
Is it possible to own stock in a start-up and work on it without getting paid
while on an F1 visa?

Thanks!

------
gobr
What are the most common difficulties for immigrants? Any Brazilian examples?

------
PameVls
Do you need a visa to attend a 3 month program like YC or Techstars?

~~~
proberts
Citizens of certain countries do not require visas to come to the U.S. as
tourists or business visitors for up to 90 days, and business visitor status
can be an appropriate status to attend a training or non-degreed
education/learning program.

~~~
gozo
We all know you de facto can't do YC without working on/for you company
though. So is this legal or not as a tourists or business visitor?

------
franze
Meta question: Do the US immigration laws make sense?

~~~
proberts
Some do and some don't, but this is a very long conversation and probably not
possible at this time. At a minimum I feel that there should some type of
entrepreneurial visa and there isn't, even though the E-2 can sometimes
function like one.

------
tosinaf
How does the J1 to H1B visa work?

------
gozo
Uhm. I don't want to sound ungrateful, but I was slightly disappointed by the
result of this. They might want to change the format in the future to promote
fewer longer answers. "You might try X Y Z visa" doesn't really use his
expertise very much. We also didn't really get an answer to the most obvious
questions like if you can actually attend YC legally or if a temporary worker
in the US can also run a company. Still a good thing of course, but a bit more
structure would go a long way.

~~~
dang
Given the whirlwind of questions that came up, Peter wanted to help as many
HNers as possible within the time available. Brief replies were the only
option.

We've already heard back from Peter that the biggest problem was not being
able to go deeper, and are going to explore options for how to do that. The
takeaways from today are (a) there's clear demand in the community and (b) he
would like to do more. That's an exciting combo, so we'll figure something
out.

p.s. Please don't hijack the top comment in a thread by replying to it with
something unrelated. (We detached this subthread from
[https://news.ycombinator.com/item?id=10720155.](https://news.ycombinator.com/item?id=10720155.))

~~~
gozo
My intention was not to "hijack" the top comment, but to post where it was
relevant i.e. the thread talking about the event rather than among the
questions themselves. I don't think pointing out room for improvement is
irrelevant. I didn't expect my questions to be answered, especially since he
had already left the thread, but used them as an example how the outcome
wasn't optimal.

Edit: I, as you, removed a bunch of my comment. Not sure why I should bother.

------
treasuresque
DO NOT WORK WITH HIM. Can't believe he made it to HN!! He somehow became a
thing but I can't stress out enough how much money he had cost me while
providing either no service -even declined to work on my first case- or really
shitty service, where i ended up writing all docs myself. He does not think
out of the box at all or provides any value bigger than digging into Google.
He didn't have any plan B or even replied to my emails asking what we should
try next after we had lost. The only thing he ever did for me was sending the
invoice. Everything else was taken care of by his assistant, sending
information and documents i had drafted to the government, trying things that
i had researched myself. Please feel free to reach out to me for a curated
list of good immigration lawyers. I would have taken my return flight back to
Germany more than a year ago if i listened to his advice, which has been "i
don't see any options here" when there WAS an option for another year.

~~~
kumarski
Everyone should read this comment above^^

EVERYONE.

~~~
sgrove
The parent comment, or the one stating that this is the parent's first post
and asking for more details on the OP's credibility?

~~~
kumarski
I know her, messaged her, and asked her to respond.

~~~
dang
Between your comments and others in this subthread, this is beginning to look
uncomfortably like an organized campaign. That is not a legit use of the
thread.

Obviously there's no direct way for anyone who doesn't know the facts of an
anonymous story to respond to it. It would be difficult even for Peter to
respond specifically; confidentiality issues don't just disappear when someone
posts a comment. But it doesn't feel right to leave this unanswered, either,
so let me add my own simple anecdote: working with Peter, who helped me get a
visa, was hands-down the best experience I've ever had with a lawyer. And you
can see the similar things that other HN users had to say when we announced
the AMA:
[https://news.ycombinator.com/item?id=10699898](https://news.ycombinator.com/item?id=10699898).

There's a reason why YC uses Peter to help every international startup they
fund. If he didn't deliver the goods, that wouldn't happen.

I don't mean that to denigrate your friend's experience—it's impossible to
evaluate.

------
rorykoehler
In your personal opinion how far away are we from your job becoming obsolete?

------
RjCharm
We're shortly going to be opening an office in a European country and
employing several local employees. Once the organization is established, what
would the process be for inter-organizational transfers of employees between
countries? For example, if someone were to relocate from primarily working in
Europe to primarily working in the USA?

~~~
proberts
There often are lots of options depending on the nationality of the company
and transferring employees, the amount and source of any investment, etc. but
the options typically are the E-1, E-2, and L-1 visas.

