
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA - proberts
Hi all,<p>We did an immigration AMA a few months ago and thought it might be time to do another. I&#x27;ll be here for a couple hours to answer your
questions about U.S. immigration. There are countless potential topics, but here&#x27;s one I thought we could highlight today which is
particularly important given the backlogs and delays in the green card process.<p>Two ways of getting a green card--the extraordinary ability and national interest waiver routes--are often very good options, and often overlooked because of a misunderstanding about the standards. Clearing up some of the misconceptions could be helpful to those of you in this community who might benefit from these routes to a green card. So if you&#x27;re interested, ask me particularly about that, but I&#x27;ll be happy to answer about U.S. immigration in general.  As before, I can’t comment or provide legal advice on specific cases for obvious liability reasons because I won’t have access to all the facts.<p>EDIT: Thank you for participating in this AMA.  It was very interesting and enjoyable for me.  I hope that it was helpful.  I need to sign off now but I’ll be checking in again later today.
======
sesameoil
Hi Peter,

I've received my green card through my sponsor company 2 months ago. (It's a
highly reputable fortune 100 company and I am building their core web product)

And I have a project that's getting traction and really want to leave the
company and commit full time to it.

But everything on the web says I need to wait at least 6 months before leaving
the company after I receive green card, otherwise they can kick me out for
fraud when I apply for citizenship later. But some people also say this is
just a myth.

So the question: Is this true and I am stuck with this company for next 4
months even though I really want to go full time on my project? Any ways to
get around this? Thanks!

p.s. I know this is not a type of question that you may be interested in
answering since it's a minority case, but I would really appreciate at least a
one line comment on what you think (or even saying it's not something you can
answer). It looks like it's not just me, at least 6 people are interested so
far, we will all be grateful to hear from you!

~~~
radiusvector
Similar question here!

~~~
proberts
No, you are not stuck at all. As long as your intent - and the intent of your
employer - at the time that your green card application was filed was to work
for the company in the sponsored position, you can leave at any time after
getting your green card.

~~~
sesameoil
Wow this is such a great news to hear! Thank you so much!

Just one more thing, then does this mean all the "it will be problematic when
you apply for citizenship unless you stay for 6 months" just an internet myth?

~~~
rrecuero
This was my case. 3 months after receiving the green card process I started my
own company. As Peter has said, what matters is the intent.

~~~
sesameoil
Thanks for the reply, but my question was more about what comes after the
green card.

Just to clarify, I too have green card.

If you google online
[https://www.google.com/search?q=leave+company+after+green+ca...](https://www.google.com/search?q=leave+company+after+green+card)
most people talk about the "6 months rule".

Basically they're saying it's ok to leave immediately as long as you don't
apply for citizenship. The problem arises when it's time for citizenship and
they blame us for being a fraud. Were you aware of this?

~~~
rrecuero
Yes, I am aware of it. Peter has already clarified the issue above. What
matters is the intent. One friend of mine switched jobs less than a month
after obtaining his GC and he didn't run into any issue whatsoever.

"No, you are not stuck at all. As long as your intent - and the intent of your
employer - at the time that your green card application was filed was to work
for the company in the sponsored position, you can leave at any time after
getting your green card."

------
sjtgraham
I'm a UK citizen that has been looking at EB-1A all week (because of Brexit),
I'm now sure I do not want to continue living here if we in fact do withdraw
from the EU. My questions:

\- How many of the 10 criteria must you actually satisfy? Is it a binary
decision, i.e. proving 3/10 is the same as is the same as satisfying all 10.
Is a positive decision 100% guaranteed is at least 3 criteria are proved
satisfactorily?

\- What is the standard of proof?

\- When would my obligation to complete a IRS tax return begin, i.e. is it
when the consulate adds an MRIV I-551 to my passport, when I arrive in the US
an immigrant and CBP endorses it, or another time. This might impact when I
would apply.

\- How long would the EB-1A process take, how long does it take for a
permanent resident to sponsor a spouse, can these applications happen
concurrently, and are both categories current?

\- What are the indicative costs?

~~~
jacquesm
I wonder how many people are roughly in your situation and researching the
same options.

~~~
MichaelGG
If they don't want to be in the UK because it's not part of the EU, why would
they consider the US, which is also not part of the EU?

~~~
matthewmacleod
I think the problem isn't so much being part of the EU as it is _not_ being
part of an isolated UK.

I must admit I'm in much the same boat - remaining in London is a lot less
attractive if lots of the jobs are going to dry up (when companies relocate to
the EU) - in that case, the US begins to look more attractive; it's an
English-speaking country with lots of tech opportunities.

~~~
sunshiney
Why would companies leave? Is not there benefit to waiting and seeing how the
dust settles? I have lived long enough to know that any change is always
disruptive and after time passes the initial reactions also pass.

~~~
pbowyer
Financial companies have a large incentive to leave if the passport scheme,
which allows them to sell their services in the EU, isn't retained in its
current form. Other companies - if you do business with the EU, and the trade
agreement isn't so favourable, then relocating again makes sense.

There is benefit in waiting, but companies will be planning for the worst-case
scenarios.

------
mehta
Hi Peter,

Thanks for taking the time out to answer questions!

I am from India and am in US on H1B with gc process underway in EB2 category.
I (along with a fellow friend) have been thinking of doing something on our
own but are always discouraged by the immigration process. If we were to start
something on our own, what are our options? H1b where you have a majority
stake seems to not be an option. Is there an alternate way to do this?

I don't seem to satisfy requirements for O1.

~~~
proberts
An H-1B might still be an option. Ownership is not a bar unless it rises to a
controlling interest.

~~~
suryacom
Then it is a non-starter, right? If you are starting a company, then you do
have controlling stake.

~~~
mattieuga
Just needs to be <50%

~~~
mehta
yeah, this is my line of thought as well. But it gets complicated when there
are two co-founds in the same boat :)

~~~
MacsHeadroom
[Disclaimer: I am not a lawyer. I am especially not your lawyer, or anyone
else's. This is not legal advise. I recommend anyone in this situation retain
an attorney and ask them for legal advise on this subject.]

Get an angel check. One share in a billion leaves neither cofounder with a
controlling interest.

For what it's worth, I recommend giving more like 2% for a sole angel,
assuming their contribution runs little further than satisfying this control
problem. But technically speaking, whatever somebody agrees to should solve
the control problem.

------
jameshush
Hi Peter,

I'm a Canadian citizen with a four year computer science degree. I've gotten a
TN work permit twice, with two different companies over the past three years.

If I started a company with an American citizen and they opened it up, could
they then hire me as a Computer System Analyst? Is there a minimum salary
they'd have to pay me (e.g. could I get a TN and still only get paid
$10/hour)? Is this a common way for Canadian co-founders to enter the United
States or is there a better route?

~~~
eatmyshorts
I'm not the OP, but as I understand it a founder of a company would be
eligible for immigration on an EB-5 visa. From this website (
[https://www.uscis.gov/green-card/green-card-through-
job/gree...](https://www.uscis.gov/green-card/green-card-through-job/green-
card-through-investment) ), they would be eligible if they plan to
create/preserve 10 jobs and invest $1m (or $500k in a "targeted high
employment area". This is pretty similar to most developed nations--provide
enough investment money and you can immigrate without much question.

~~~
winter_blue
jameshush would need to have $1 million or $500k (if he wants to open his
startup in a poor/remote area) to get this visa.

I don't know about jameshush, but most people don't have that level of
disposable assets lying around that they can just expend on a business
venture.

Also, FYI, you cannot get $500k of investment and qualify for the EB-5 visa.
The $500k _has to be your own money_.

------
auggierose
So what does extraordinary ability mean? Are we talking PhD level ability
here, or Turning award level ability, or somewhere in between?

~~~
eloisant
I can answer because I had an O1 visa, and from what I've understood the
equivalent green card has roughly the same requirements. If I wanted to apply
for a green card while on my O1 visa, I could have went to the same process (I
chose to move back to Europe instead). Interestingly going from an O1 visa to
the equivalent green cards doesn't require a corporate sponsorship.

Basically if you have something like a Nobel price or a Turing award, you
don't need anything else to get the O1 (and probably the green card). If
you're like most people and don't have this kind of award, you still have a
shot but you need to gather as much evidence as possible. From what my
attorney told me at the time, weight matters.

That includes, for science:

\- publications

\- recommendation letters (preferably a blend from business, research and
politicians)

\- awards (even things like "the best paper" of a small conference with only
30 papers from local researchers)

\- interviews

\- be a member of an association only open to certain persons (for example
with a Ph.D. you qualify for IEEE membership, and they will deliver a good-
looking membership certificate)

So having a Ph.D is not enough, but if are a decently successful researcher
and have a good network for the recommendation letters (or your future
employer), you can get it without being of Turing award level.

The "extraordinary ability" is applicable also for athletics or business, but
I don't know much about those.

~~~
mindcrime
_(for example with a Ph.D. you qualify for IEEE membership, and they will
deliver a good-looking membership certificate)_

Unless something has changed _very_ recently, you do not have to have a Ph.D.
to be an IEEE member.

Source: long-time IEEE member without a Ph.D.

~~~
marymkearney
Thanks y'all for mentioning the IEEE as an example. It's a great illustration
of how the "exclusive memberships" category works (and doesn't work).

Preface: The "membership in associations that require outstanding achievement"
category is, interestingly, one of the hardest to satisfy. Adjudicators are
trained to focus on minute details of the organization's criteria for
membership, and the extent to which they're governed by "recognized experts"
in the field.

This has resulted in some incredible nit-picking by USCIS about how
"outstanding" you have to be, to qualify for membership, and who chooses you.

In general, organizations that require only a degree (even an advanced
degree), or the payment of dues, don't meet the criterion.

However, the IEEE is an interesting case study, because it has multiple levels
of membership.
[http://www.ieee.org/membership_services/membership/qualifica...](http://www.ieee.org/membership_services/membership/qualifications.html)

The highest tier, "Fellow," "recognizes unusual distinction in the profession
and is conferred only by invitation of the Board of Directors upon a person
with an extraordinary record of accomplishments in any of IEEE’s designated
fields of interest."

THAT is exactly what USCIS is looking for, and it definitely meets the
criterion.

The second tier, "Senior Member," "is the highest for which application may be
made and requires experience reflecting professional maturity." This level
requires that "the candidate shall have been in professional practice for at
least ten years and shall have shown significant performance over a period of
at least five of those years, such performance including one or more of the
following: [list of major professional accomplishments]."

I'd argue that this "Senior Member" tier is also an "exclusive membership,"
because of all the ways it requires "outstanding achievement" of its members
at this level.

All the other levels of IEEE membership are non-exclusive, and I wouldn't
bother including them, as they would weaken your case.

------
ry_ry
I'm an English programmer working in the UK for a site owned by, via another
company, a very large privately owned US company. I have a child and a partner
I am not married to. I have no criminal record.

I'm unsettled by the brexit, and am considering a US move - if my company's
parent wants to take me on how difficult is the immigration process likely to
be?

~~~
proberts
The required corporate relationship between the US and UK companies needs to
exist but assuming that it does, then an L-1 transferee visa might be an
option - although USCIS (if the US company isn't a "blanket" approved company)
can be really tough on L-1s so the outcome isn't necessarily guaranteed.

~~~
ry_ry
Thank you Peter, that is very useful. Much appreciated.

~~~
OmarIsmail
The good news is that the L1 visa is a fantastic visa. It's dual-intent
meaning you can apply for greencard (as opposed to TN). Also your spouse can
work! That is huge.

~~~
proberts
To be clear, one can proceed with a GC application even if in TN (or another
non-dual intent) status. Such a filing however compromises travel (in the
short term) and can impact the ability to renew the TN in the future if the GC
application fails.

------
godbov
I know that Australian citizens can use the E3 visa for working in the US. Do
you know if Australian citizens can start companies in the US using the E3
visa? Is it something like, you work for the company you founded? What happens
if the company fails, or runs out of money?

EDIT: Updated question.

~~~
sratner
You may find these resources useful:

[http://eliasbizannes.com/blog/2012/07/how-to-become-a-
full-t...](http://eliasbizannes.com/blog/2012/07/how-to-become-a-full-time-
entrepreneur-in-the-us/)

[https://geoffmcqueen.com/2011/09/28/e-3-visa-for-
australians...](https://geoffmcqueen.com/2011/09/28/e-3-visa-for-australians-
how-to/)

Essentially, you elect a board that hires (and, importantly, can fire) you.

------
otto_ortega
Hi Peter,

I live in Central America, I have been working as a remote worker for US-based
companies for around 5 years now, the past 1.5 years working for a company on
Seattle, I haven't signed any formal work-contract but my current employer is
willing to help me to obtain a VISA to inmigrate to the US (I only have a
tourist VISA right now).

I'm also in the way to co-found a company with my employer as partner, I will
get 16% of ownership over it.

What are my best options to move to the US?

May I still apply to an H1B visa despite not having a formal work-contral?
(the payments records, Skype logs and emails are the only proof I have)

~~~
wavefunction
That arrangement sounds highly irregular. I hope that you will consult with a
lawyer before entering into any agreement with your employer.

At the very least it seems like they should have recorded your employment for
tax purposes. Even if you aren't obliged to pay any taxes to the US
government, there must be some bare minimum for accounting purposes and
internal audit controls.

Of course, I am neither a lawyer nor experienced in administrating the
employment of foreign nationals

------
knxclkases
Hi Peter, Thank you for taking the time to do this AMA.

The company that I currently work for has offered to start processing my GC,
but only under an EB3. I have a masters degree in computer science from an
American University, (and I have about 4 years of work experience) so I am
technically eligible for an EB2 (and since I am from India, EB2 vs EB3 makes a
big difference).

My question is, if I go ahead with the processing, Once I have my I-140 and
priority date, would it be possible for me to switch jobs keeping the same
priority date? If I move to a company with the means (and willingness) to file
for a GC under EB2, would they be able to keep the same priority date?

Just trying to understand if this is something worth fighting for? Or if I
should just accept the EB3 filing, get my I-140 and eventually move to a
company that will re-file it under EB2?

~~~
proberts
I should have put this in my opening comment but one way to deal with this is
to "upgrade" the green card application - at the I-140 stage - after the PERM
application is approved through the "exceptional ability" route. This is a
reachable standard for many professionals and can transform an EB3 filing into
an EB2 filing.

------
kevindeasis
Hi Peter,

Thank you very much for doing this! I have two questions about Canadian
citizens looking for jobs in America. Possibly, looking to immigrate to
Americain the future. Also, If possible getting double/triple citizenship.

Let's pretend you are a Canadian citizen, recently graduated from computing
science, that is currently living in Alberta, Canada. What is the best way to
get a job in America? Should I apply for a visa as well or should they offer a
visa sponsorship?

Then, let's say I get hired. What's the best way to get an American
citizenship with the goal of maintaining my Canadian citizenship? I was
originally born in the Philippines; would it be wise to get three citizenships
(America/Canada/Philippines)?

~~~
FreedomToCreate
The easiest way to get a work visa to the US is to first get a job offer from
a US tech company. Then all you need to do is get a TN visa from the border
and you can work and live in the US. A TN visa has to be renewed every 3 years
and does not get you American citizenship nor can you apply for it. To that
you must get your employer (once you start working for them on your TN visa)
to sponsor you for an H1-B visa. That is lottery based and if you are lucky
enough to get one, then you can start your journey towards a green card (this
may take up to 8 years).

In short, apply to jobs in the states and once you have an offer you can think
about getting a visa. You don't need to worry about three citizenships. That
is a long long process. The real challenge is finding a job.

Being a Canadian, the Toronto/Waterloo region as a multitude of job openings
right now for CompSci grads.

~~~
mynameisvlad
Some of these are wrong.

\- You can go from TN to EB3; it just gets hairy for the period of time that
your AOS is being evaluated. I was going through the process when my H1-B got
approved and switched to that. There's a 60 day wait period after you last
enter on TN, and you cannot leave the country when the AOS gets filed until
you get your EAD and AP or GC, whichever comes first.

\- Green card will _not_ take 8 years unless you were born in India, China, or
the Philippines. EB-3 priority date for rest of world is March 2016, and it
takes longer than 3 months to get PERM approved, so by the time it gets
approved it would be current. After that, it takes about 6-9 months to get the
AOS approved (and you usually get your EAD/AP a little earlier).

~~~
kevindeasis
>Green card will not take 8 years unless you were born in India, China, or the
Philippines

What if you have a Canadian citizenship? Is it still 8 years?

>There's a 60 day wait period after you last enter on TN, and you cannot leave
the country when the AOS

So, when I first get my TN visa, I cannot leave the country without any of
those papers? How long does my first TN visa last and if that expires I have
to wait for 60 days before I get a new one?

~~~
mynameisvlad
It's not based on citizenship, purely birth country. You can search for
priority dates and they get updated monthly. It will take a few years for
China, India and the Philippines but if you were born outside those three
countries you just have to wait through the processing.

Your visa will initially be valid for 3 years. It can be extended a few times.
Ideally you'd have at least a year left on your current visa when submitting
the AOS application since you cannot reenter on TN once that happens.

Disclaimer: I'm not a lawyer, I'm going through the process now and using time
spans quoted by my lawyers and my own research.

~~~
togepiiod
Is hong kong lumped in with the rest of china in regards to this?

------
senpost
Can a H1B visa holder start a company? What are the options for H1B visa
holder to do side projects for money?

Thank you.

~~~
winter_blue
No, you cannot start a company. You also cannot work (i.e. get an H-1B
approval) for a company that you own or control in any way.

Regarding side projects for money, I'll copy my answer I gave elsewhere[0]:

You will get deported and effectively be permanently banned if you receive
income from any other source besides your H-1B / L-1 / other-visa sponsoring
company/employer. Income from all other sources are prohibited while you are
on a visa. With a green card or U.S. citizenship, you have the freedom to sell
apps, have income-generating side projects, etc.

Companies are required to report any income you earn while you are in the US.
If you make money selling apps, Google/Apple is required to tell the U.S.
government about the money you make on the App Store income (primarily for tax
purposes).[1] The tax people (the IRS, Income Revenue Service) share income
data with the immigration agency. The immigration agency checks to make sure
you only got money from the company your visa allows you to work for. If the
immigration agency finds out you have income from other sources (app store),
they will deport you, and you will effectively be banned. See:
[http://www.murthy.com/2014/01/28/home-based-businesses-
inadv...](http://www.murthy.com/2014/01/28/home-based-businesses-inadvertent-
unauthorized-employment/)

If you look at the link above, you'll see a lot of people have inadvertently
screwed over by having non-authorized income. An extreme example from the link
above are multi-level marketing companies. For example, you recommend your
friend that he/she buys some product. Your friend buys it, and for the
referral, the company gives you a tiny amount of money (e.g. $5) You could get
deported and banned because of this. Because it is considered income, and all
income not from your job associated with your visa is completely prohibited.

\----

Now you might be wondering if you can set up your company and receive income
from the App Store in another country, and have it deposited to your foreign
bank account. You might be thinking that if you do that, your income likely
won't be reported to the US government, and you won't get caught and get
deported.

The problem with that is that by having un-reported income in another country
(from the App Store) you are breaking two sets of laws: (1) tax laws, (2)
immigration laws.

Firstly, if you live in the U.S., you have to pay taxes (~35%) on your total
worldwide income -- income that you make in every country. Even _on the
interest you receive in a bank account in a foreign country_. If you do not
report your non-U.S. income, you break tax law. The punishment for breaking
tax laws is severe. In addition to being deported and banned, they can take
money out of your bank account, seize your property (your house, your car,
etc) to pay for the unpaid taxes + the severe fines for hiding and not paying
taxes.

Secondly, U.S. immigration law generally prohibits H-1B, L-1 and other visa
holders from doing any kind of productive work outside their H-1B/other-visa
job. Even repairing your own house by yourself, if it involves a lot of work,
is illegal for a visa holder. You have to hire a U.S. worker to repair your
house. Foreign income for remote work is prohibited. Working on your own app
and making money selling it is prohibited.

\----

[1] I don't know if you are in the U.S. -- so just to clarify: everyone in the
U.S. who has permission to work (citizens, LPRs, H-1B/L-1/etc visa holders) is
issued a Social Security Number ("SSN"). This number is used to report any
income you earn to the government. You have to provide this number to receive
income from any company in the US. If you try to set up a U.S. Google App
Store account, they will ask for your SSN. Your SSN is used to report your
income to the government, and as a general universal personal identification
number.

[0]
[https://news.ycombinator.com/item?id=11974074](https://news.ycombinator.com/item?id=11974074)

~~~
tokensimian
As a US citizen an HN community member, this super sucks.

What is the likelihood that someone is deported within a 5-10 year period for
having an app on the iOS/Android stores, provided that app isn't like a huge
company? (eg. < $50k annual revenue)

I ask specifically because its silly for the US to have those restrictions. We
(I) want people like this to join our economy!

How can I help?

~~~
winter_blue
Any income (above 0) that is a result of working in the United States is
illegal, unless it is for the company sponsoring the visa. Even a mere $100 of
income from the App Store will be considered _unauthorized_ , and could lead
to deportation and potentially make them "inadmissible to the United States"
(i.e. permanently banned). Please see: [http://www.murthy.com/2014/01/28/home-
based-businesses-inadv...](http://www.murthy.com/2014/01/28/home-based-
businesses-inadvertent-unauthorized-employment/)

------
raz32dust
Hi Peter,

I have heard different answers to this from different people. Can I earn
income from apps on apple store/android etc. if I am on a work permit in the
USA? Does it matter if the app was initially launched when I was in India (my
home country) or after I moved here?

Thanks!

~~~
winter_blue
You will get deported and effectively be permanently banned if you receive
income from any other source besides your H-1B / L-1 / other-visa sponsoring
company/employer. Income from all other sources are prohibited while you are
on a visa. With a green card or U.S. citizenship, you have the freedom to sell
apps, write books, etc.

Companies are required to report any income you earn while you are in the US.
If you make money selling apps, Google/Apple is required to tell the U.S.
government about the money you make on the App Store income (primarily for tax
purposes).[1] The tax people (the IRS, Income Revenue Service) share income
data with the immigration agency. The immigration agency checks to make sure
you only got money from the company your visa allows you to work for. If the
immigration agency finds out you have income from other sources (app store),
they will deport you, and you will effectively be banned. See:
[http://www.murthy.com/2014/01/28/home-based-businesses-
inadv...](http://www.murthy.com/2014/01/28/home-based-businesses-inadvertent-
unauthorized-employment/)

If you look at the link above, you'll see a lot of people have inadvertently
screwed over by having non-authorized income. An extreme example from the link
above are multi-level marketing companies. For example, you recommend your
friend that he/she buys some product. Your friend buys it, and for the
referral, the company gives you a tiny amount of money (e.g. $5) You could get
deported and banned because of this. Because it is considered income, and all
income not from your job associated with your visa is completely prohibited.

\----

Now you might be wondering if you can set up your company and receive income
from the App Store in India, and have it deposited to your Indian bank
account. You might be thinking that if you do that, your income likely won't
be reported to the US government, and you won't get caught and get deported.

The problem with that is that by having un-reported income in India (from the
App Store) you are breaking two sets of laws: (1) tax laws, (2) immigration
laws.

Firstly, if you live in the U.S., you have to pay taxes (~35%) on your total
worldwide income -- income that you make in every country. Even _on the
interest you receive in a bank account in a foreign country_. If you do not
report your non-U.S. income, you break tax law. The punishment for breaking
tax laws is severe. In addition to being deported and banned, they can take
money out of your bank account, seize your property (your house, your car,
etc) to pay for the unpaid taxes + the severe fines for hiding and not paying
taxes.

Secondly, U.S. immigration law generally prohibits H-1B, L-1 and other visa
holders from doing any kind of productive work outside their H-1B/other-visa
job. Even repairing your own house by yourself, if it involves a lot of work,
is illegal for a visa holder. You have to hire a U.S. worker to repair your
house. Foreign income for remote work is prohibited. Working on your own app
and making money selling it is prohibited.

\----

[1] I don't know if you are in the U.S. -- so just to clarify: everyone in the
U.S. who has permission to work (citizens, LPRs, H-1B/L-1/etc visa holders) is
issued a Social Security Number ("SSN"). This number is used to report any
income you earn to the government. You have to provide this number to receive
income from any company in the US. If you try to set up a U.S. Google App
Store account, they will ask for your SSN. Your SSN is used to report your
income to the government, and as a general universal personal identification
number.

~~~
raz32dust
Thanks. That is ridiculous though. I believe I can earn rental income from my
property in India. How is app-store income different, say if I register my app
in India?

~~~
winter_blue
This has to do with _" passive income"_.

What is prohibited is working[1], not income[2] _per se_.

You have to report rental income when you file your U.S. taxes. Work visa
holders are allowed to have rental income, _but that income has to be
passive_. I can buy a house in the US, and rent it out, but I cannot manage
the property -- I have to hire a property manager. If a pipe breaks in the
house, I am not allowed to fix that pipe myself -- I must pay a U.S. citizen
or green card holder to fix it.

The same rules apply for apps and other sources of passive income. If you do
_zero work_ on your app while you are in the U.S. (not make any updates to it,
etc), you might be able to pass it off as "passive income". But like _kspaans_
you absolutely need to hire a lawyer.

[1] Working for free is illegal as well. If you do something that is normally
paid, for free, you will get deported and banned. (As some foreign students
who do this for experience sadly find out.)

[2] Having any income reported to the U.S. government with your Social
Security Number (SSN) by any company that is not your visa-sponsoring company
puts you on a road to getting deported and banned.

~~~
outworlder
> [1] Working for free is illegal as well. If you do something that is
> normally paid, for free, you will get deported and banned. (As some foreign
> students who do this for experience sadly find out.)

Whoa, wait a second. What about open-source contributions? Are they banned as
well? Open-source work can be, but is not "normally" paid though.

~~~
winter_blue
If the work is normally unpaid (like contributing to open-source projects),
then it's fine.

Quoting from [http://www.cilawgroup.com/news/2013/10/15/unpaid-
volunteer-w...](http://www.cilawgroup.com/news/2013/10/15/unpaid-volunteer-
work-on-h-1b-h-4-f-1-or-similar-visas/) :

 _" As a general rule of thumb, one should look at whether Americans would
perform the same job without pay and under similar circumstances and if the
answer is “yes,” then a foreign national in an employment-restricted status
can volunteer and work without pay."_

------
Trufa
I never had a formal university education, what are my real chances of being
accepted for a work visa.

I think that I'm pretty good but and have a pretty interesting CV probably not
"extraordinary".

What are the chances of me working in the USA? Does it really nullify my
chances?

I have been working since I was 17 in jobs related and then very specific to
programming, I'm 28 now.

I also have a uruguayan and spanish/european nationality, which would be
better for an application?

~~~
kangaroo
Not having a degree does not nullify your chances. I have no degree, and got
an H1-B and subsequently a green card. To qualify for the H1-B, I had to show
12 years of work experience (immigration equates 3 years of work to 1 year of
school), and then have my work experience evaluated by a professor. The
professor had to establish that my work experience left me with the same
experience as someone who would have had a degree.

------
nopinsight
Hi Peter, Thank you much for doing this. I am a startup founder who plans to
obtain E-2 visa and uses it for residency during the first 2 years of
business. I hope to transfer to EB-1 or EB-2 with National Interest Waiver
(NIW) as soon as possible.

1) What are the possibilities and timeline for applying to EB-2 while holding
E-2 with majority interest in the startup? (I have a Masters in CS from a
major US research university. It seems to be a challenge to qualify for EB-1
within the next 2 years, but NIW looks quite possible to me.)

A major reason for the plan is that E-2 treaty with my country limits the
period of travel out and back into the US to 6 months after the visa approval.
After 6 months, it appears that I will need to renew the visa every time I
wish to come back to the US, which would be a major time sink.

2) Would EB-2 give its holders complete freedom to travel back to the States
without issues and to stay as long as they wish?

3) Are EB-2 holders required to maintain employment with the original
employer?

If you have time: I would strongly consider to become a US citizen after
receiving an EB-2. What is the typical timeline and conditions to transfer
from EB-2 to US citizenship?

Greatly appreciate it.

~~~
klipt
EB-2 like any other green card entitles you to stay in the USA indefinitely.
But if you travel outside the USA for long periods, you may be deemed to have
abandoned your intention to reside permanently in the USA and lose your green
card: [http://www.immihelp.com/greencard/retain-
greencard.html](http://www.immihelp.com/greencard/retain-greencard.html)

After five years uninterrupted residence in the USA on a green card you can
naturalise as a citizen.

------
FabianBeiner
Hello Robert! Thanks for doing this (again). I got two questions, but _any_
answer is appreciated!

1st: I’d love to stay in the US as a “digital nomad” for some months. I’d have
to work on my own projects and maybe on some client ones while doing this (all
of them outside the US). Which kind of VISA would I need?

2nd: Are there any chances to get a work permit if you don’t own a University
degree? (Eg. starting my own company in the US?)

Thank you!

------
poorguyh1b
Hi Peter. I am on H-1B (currently going through PERM labor certification
application). My wife is on TN-1. Could it be a problem at the border (exit
then reenter US) because I have dual-intent and she does not?

~~~
winter_blue
Quoting from
[http://www.hooyou.com/news/news021709tn.html](http://www.hooyou.com/news/news021709tn.html)
:

 _" A recently published authoritative letter from the U.S. Customs and Border
Protection Agency (CBP) addressing the TN nonimmigrant visa category offers
new and definite insight on the CBP’s policy for determining immigrant intent.
In the letter, dated April 2008, the Executive Director of Admissibility and
Passenger Protection Programs details clearly that filing an immigrant
petition (I-140) alone is not automatically considered a demonstration of
immigrant intent, and aliens with pending I-140s may still be admitted into US
with a TN visa."_

Under current CBP regulations, it seems that the current policy is to allow
people to enter the country under TN status even if they have a pending green
card application.

Also be cognizant of
[http://www.hooyou.com/tn/limitations.html](http://www.hooyou.com/tn/limitations.html)
:

 _"...a pending or approved employment based immigrant petition (Form I-140)
or family based immigration petition (I-130) does NOT impute immigrant intent.
The TN alien is eligible for TN extensions & to be admitted as a TN alien
until the adjustment of status application (Form I-485) is filed or the
applicant applies for the immigrant visa. While other types of status holders
(such as H-1, L-1 or O-1) may apply for Adjustment of Status (AOS) as soon as
they wish once entering the country, those of TN status have at least a 30 to
60 day waiting period upon entering the United States before they may apply
for AOS. Any applications before this waiting period is over will be
considered an attempt to gain fraudulent entry by the USCIS. Additionally, the
U.S. consulate may deny a TN visa application if the alien has previous
applied for an immigration petition or AOS. Those on TN status who wish to
file an I-140 immigration petition should not travel outside of the country
because they will encounter issues upon their re-entry. If an alien on TN
status has an approved I-140 petition and is currently waiting on their AOS
petition to be approved, they must be sure to apply for Advanced Parole to
travel outside of the country. For more information on AOS, please click
Adjustment of Status."_

These are Executive Branch regulations and can change easily unlike the fairly
set-in-stone congressional statutes, so it's best to keep up to date on what
the current state of affairs is.

It's best to hire a _good_ immigration lawyer and ask them how to proceed.

------
claudiordgz
I'm a Mexican citizen living in the US working as a Computer Systems Analyst.
Been here for 1 and a half year and my wife and daughter joined me a year ago.
I just recently moved jobs and the UCSIS approved me a work permit and I-94
until 2019. I came here as a TN visa, and I am worried if asking for a green
card would get me and my family in trouble.

~~~
Afton
IANAL, but am a Canadian. My belief is that TN status is a "non-immigrant"
status. It is, by definition, temporary. Applying for a GC declares immigrant
intent. H1B, by contrast is 'dual-intent'.

OTOH, I don't think they actively seek you out to revoke your TN status, but
it would make border crossings pretty much a non-starter.

All this is remembered from when I was on a TN status from Canada ~5 years
ago.

~~~
8note
how do border crossings go for TNs. I'm about to get one, and am planning on
visiting back reasonably frequently. Is that a problem at all?

~~~
spoonie
My friends recommend signing up for the Nexus program to facilitate speedy
crossings. As I understand it you are effectively re-applying for your TN at
every re-entry and could be rejected. That said, my friends all go back to
Canada many times a year without issues.

------
rileyt
I have a TN and I would like to learn more about the legality of passive
income forms like advertising, affiliates, etc. Where or who is the right
place to get info on this? Thanks!

~~~
winter_blue
_Copying from another answer[1]:_

You will get deported and effectively be permanently banned if you receive
income from any other source besides your H-1B / L-1 / other-visa sponsoring
company/employer. Income from all other sources are prohibited while you are
on a visa. With a green card or U.S. citizenship, you have the freedom to sell
apps, write books, etc.

Companies are required to report any income you earn while you are in the US.
If you make money selling apps, Google/Apple is required to tell the U.S.
government about the money you make on the App Store income (primarily for tax
purposes).[1] The tax people (the IRS, Income Revenue Service) share income
data with the immigration agency. The immigration agency checks to make sure
you only got money from the company your visa allows you to work for. If the
immigration agency finds out you have income from other sources (app store),
they will deport you, and you will effectively be banned. See:
[http://www.murthy.com/2014/01/28/home-based-businesses-
inadv...](http://www.murthy.com/2014/01/28/home-based-businesses-inadvertent-
unauthorized-employment/)

If you look at the link above, you'll see a lot of people have inadvertently
screwed over by having non-authorized income. An extreme example from the link
above are multi-level marketing companies. For example, you recommend your
friend that he/she buys some product. Your friend buys it, and for the
referral, the company gives you a tiny amount of money (e.g. $5) You could get
deported and banned because of this. Because it is considered income, and all
income not from your job associated with your visa is completely prohibited.

\----

Now you might be wondering if you can set up your company and receive income
from the App Store in another country, and have it deposited to your foreign
bank account. You might be thinking that if you do that, your income likely
won't be reported to the US government, and you won't get caught and get
deported.

The problem with that is that by having un-reported income in another country
(from the App Store) you are breaking two sets of laws: (1) tax laws, (2)
immigration laws.

Firstly, if you live in the U.S., you have to pay taxes (~35%) on your total
worldwide income -- income that you make in every country. Even _on the
interest you receive in a bank account in a foreign country_. If you do not
report your non-U.S. income, you break tax law. The punishment for breaking
tax laws is severe. In addition to being deported and banned, they can take
money out of your bank account, seize your property (your house, your car,
etc) to pay for the unpaid taxes + the severe fines for hiding and not paying
taxes.

Secondly, U.S. immigration law generally prohibits H-1B, L-1 and other visa
holders from doing any kind of productive work outside their H-1B/other-visa
job. Even repairing your own house by yourself, if it involves a lot of work,
is illegal for a visa holder. You have to hire a U.S. worker to repair your
house. Foreign income for remote work is prohibited. Working on your own app
and making money selling it is prohibited.

[1]
[https://news.ycombinator.com/item?id=11974074](https://news.ycombinator.com/item?id=11974074)

~~~
tokensimian
You have repeatedly c/p this answer in this thread. I apologize if this comes
off as rude, but why are you doing that? What is your experience or
qualifications to provide such advice?

------
rednotebook
Hey Peter!

I'm moving with my company (large Washington-headquartered tech firm) from
London to California. They're applying for an L1B specialized knowledge visa
as a blanket application. What sorts of reasons are people rejected for L1s?
I'm very nervous I'll be turned down as I've heard horror stories about USCIS.
Does it being blanket improve my chances? What % of people are turned down? I
married an American a few years ago and was intending to move to the US to be
together but it didn't end up working out - I don't think the paperwork ever
got sent in the end. Would something like this impact my chances? I'm probably
worrying unnecessarily. I'm 26, worked at the company for just over a year and
have worked for a couple of other large tech firms in London before that.

Thanks

~~~
nojvek
I'm on L1. Worked in Canada for 2 years. The interview was so short. As long
as the company is legit and you don't have any bad records on you it's fairly
straight forward. You do have to write why your knowledge is specialized
though and no one else can do it. For me I wrote about the internal systems
that I had a deep understanding and some I wrote. Someone else would have to
train for at least an year to do the same. The lawyer sprinkled the jargon but
that was the gist.

~~~
rednotebook
Thanks. Yeah - I had to write about 2500 words for the lawyer to do with what
they will

------
marsha_
Hi Peter, first of all thanks a ton for doing this.

My first question is how much time it takes to get green card through
employment for someone who's not from India or China.

My second question is, does it make any difference to complete my MS before
starting the process, or it doesn't change the approval chance and/or delay at
all? (MS is from a middle eastern uni, not US)

\-- Here is a bit background about me: applied H1-B 3 times, didn't get
selected. Now the company that applied for H-1B for me is preparing to apply
for GC for me next month. I have a BS in CS and 3 years of experience, and
almost done with a MS degree outside the US, just need to complete my thesis.

Thanks a lot again!

------
turnip1979
Thanks for taking the time. For Canadians or Europeans with PhDs and a
sufficient track record to make EB1 feasible, is it better to work at a
research institution while one gets a green card, or is it better to just plow
ahead with a startup and then do the EB1? Can you discuss pros and cons? I've
seen many colleagues delay their startup aspirations while they wait for
immigration reasons .. I want to understand if this is being prudent or a
folly. I've heard the green card that you get as a researcher is nominally
approved for that job title. Are there issues people face when they eventually
attempt to become naturalized?

~~~
proberts
Interesting question but it really varies. There are advantages from a green
card perspective to starting your own company because the successes of the
company can be attributed to you. That being said, the esteem of getting a PhD
or doing a post-doc at a prestigious institution also helps. My general
feeling about all this is not to let immigration drive these decisions because
immigration usually takes care of itself if one does what one loves and wants
to do. This is a general statement but I rarely see a positive outcome when
one defers making a decision, whether to start a company or change jobs,
because of immigration considerations.

------
throwawaydui
Hi Peter,

Thanks for doing this! I am currently looking at a unique situation, so I'm
not sure if you would know about this. All I'm asking is if you would know
anything from your experience.

I'm an h1b visa holder from India and I recently got arrested and charged with
a DUI. After talking to my lawyer, he looked at the evidence (videos,
breathalyzer tests) and says its basically a 50% chance at a trial. So I'm
looking at a plea bargain. How would this affect my immigration prospects? The
DUI itself was my first one and it was a simple DUI, i.e. noone else was
harmed or injured.

Thanks

~~~
marymkearney
PLEASE talk to an immigration attorney ASAP about the consequences of pleading
guilty. It's complicated, and it's REALLY important to have it explained by an
attorney who understands the (sometimes terrible) immigration consequences of
a plea.

------
ionwake
Hi Peter,

If I am a UK contractor with my own Limited company, what visa - if any, do I
need to be able to do a 6-month contract in the US?

Thank you.

~~~
winter_blue
I don't think there is a visa for something as short as a 6-month contract.
The closest viable option I can think of is a "New Office" L-1 (intra-company
transfer) visa. You'd have to open a new office in the US, and this is a
longer term visa (5- or 7- years).

It's also relatively hard to get. You'll need the help of an immigration law
firm to prepare the documentation needed to apply for the visa. The
application process alone could take 6 months.

Also, just FYI: coming here as a visitor (on VWP/ESTA or the B-2 visa), then
working (or doing a contract) here without permission would be violation of
U.S. immigration laws, and can get you deported and effectively banned.

------
bing_dai
Hi Peter,

First of all, thank you very much for doing this.

My questions are about the USA Diversity Lottery
([https://www.dvlottery.state.gov/](https://www.dvlottery.state.gov/)), as I
rarely see any discussions about it:

\- Out of all the people you have seen who obtained a green card, roughly what
is the percentage of them getting it through the lottery?

\- Roughly how much time and money would the process cost? (I would assume
it's similar to the ~2-4 years and ~$15K that a regular green card application
cost?)

\- Any other general comments you have about the lottery?

Thank you.

~~~
_delirium
In case it's helpful: we have family friends who came on a diversity visa from
Albania, and it cost them much less than that. Somewhere around $1500-$2000,
with processing time <1 year. The lottery entry has no fee, and, once
selected, the various visa fees added up to about $500/person. Their only
other expenses were going around getting certified copies of documents, and
paying a local lawyer to double-check things.

------
pramttl
Do you see new OPT STEM extension (24 months) and it's requirements be
something that could be met by most F-1 student entrepreneurs on OPT?

Background: The new 24 month STEM OPT Extension [1] (effective from May 10,
2016) which requires employers to fill I-983 [2] (Lengthy Training Plan) has
created additional barrier for foreign students intending to start/work with
startup companies on STEM OPT Extension (which earlier was for 17 months with
less regulations). Being an F-1 student myself I can say that, these
regulations could certainly influence more potential F-1 entrepreneurs down
the "job seeking" path as opposed to "job creation/entrepreneurship" path
because it is much easier for bigger companies with resources to satisfy the
USCIS training plan requirements/I-983 as opposed to newly born companies.

[1] [https://www.uscis.gov/working-united-states/students-and-
exc...](https://www.uscis.gov/working-united-states/students-and-exchange-
visitors/students-and-employment/stem-opt)

[2]
[https://www.ice.gov/sites/default/files/documents/Document/2...](https://www.ice.gov/sites/default/files/documents/Document/2016/I-983.pdf)

------
amingilani
How much does the whole process cost? As an international founder, that's my
only major concern.

~~~
proberts
That is of course a major factor. The costs all in, including legal fees and
filing fees, vary considerably from attorney to attorney but the average, as
far as I can tell, for an I-140 extraordinary ability petition is between
$5,000 and $15,000. This is the same range for an I-140 national interest
waiver petition.

~~~
koolba
> That is of course a major factor. The costs all in, including legal fees and
> filing fees, vary considerably from attorney to attorney but the average, as
> far as I can tell, for an I-140 extraordinary ability petition is between
> $5,000 and $15,000. This is the same range for an I-140 national interest
> waiver petition.

Where does that money go? Fees associated with the application or general
attorney fees?

Is it possible to complete this process without an attorney? $5-15K is peanuts
for a larger organization but it's a decent chunk of coin for a small
business.

~~~
proberts
I agree, it's a lot of money and we do have clients who handle their
applications successfully on their own but these are generally clients in
fields where there's lots of pre-existing evidence that does not need to be
explained such as artists or athletes or widely published /cited scientists.
Where the evidence needs to be explained or supported by expert opinion
letters, an attorney probably should be involved. The EB1A filing fees are
$580 for regular processing and $1805 for premium processing.

------
hiranyaf
Hello Peter!

I am so happy to find you and this thread. here's my story: I am a Swiss and
Sri Lankan national, female, been in the U.S. uninterrupted since 2002 on
several different visas. F1-while at Wharton getting my MBA, then G4 working
for the World Bank, then three different H1-Bs (2 corporate, one research
think tank) and then since 2012 I have been on an E-2 for my start-up
business.

So basically I have been in the U.S. for 14+ years already, paid taxes in the
highest tax bracket, own two properties here, started a business and grew it
to profitability in 4 years, so far provided employment to 6 part-time
American workers. Additionally my start-up business is in career coaching and
job search- and so I have helped over 400+ Americans land good jobs, including
for positions at the State department, DoD, and the U.S. Foreign Service. My
company has partnerships with universities like Georgetown and my team coaches
close to a 1000 American students every year.

What are my chances of applying successfully for an Extraordinary Ability EB1
Green Card? Or EB2?

Thank you in advance!

~~~
cplease
IAmNotA lawyer and this is not legal advice:

1\. OP has closed this AMA and will not be replying.

2\. OP specifically stated that he would answer questions only on immigration
in general and would not comment or provide legal advice of specific cases,
which is exactly what you are asking for. No reputable attorney will do this
for randoms on the Internet. Not only is it a liability issue, but rules on
ethics, attorney-client relationship, and practice out-of-state prevent this.

3\. If you are this successful, you should privately consult with an attorney
who can answer all your questions and represent you in your application to
USCIS.

------
ecesena
Thanks for this AMA!

I wonder what is the best structure for a US based company to have employees
living in an EU country, such as Germany or Italy?

I mean, I assume they don't necessarily need a visa, and they can come to the
US for limited time periods under the ESTA.

What is the best way to give them a salary and/or other common benefits?
(health insurance shouldn't be needed, but 401.k or equivalent in their
country would probably be a good perk).

~~~
proberts
That's more of a payroll/tax question but from an immigration perspective
there's no issue - no immigration requirement - with putting people on the
payroll of a US company if they are living/working outside. They can be
employees without US work authorization. The challenge is when they need to
come to the US because once they step on US soil, US immigration law applies
so it's problematic for them to enter as a visitor under ESTA.

~~~
ecesena
Thank you!

If I understand correctly, there might be an issue because they come to the US
and they are working for (and receiving a salary from) a US company -- no
matter if the money are paid abroad. Which violates the ESTA condition. Is
that what you meant?

To the contrary, if they were working for a EU company (sister of the US
company), then they could come to the US under ESTA/working, correct?

------
freak4pc
Hi Peter ! Thanks for doing this, I do have a couple of short questions.

I'm an employee of a large US Corporate and got a O1 Visa which I'm currently
employed under. I understand that my spouse will be able to move here as a
O-dependant, but won't be able to work which is a huge issue for us and will
probably prevent us from moving out to the US unless we find a permanent
solution.

I do wonder, what are my options of getting her a work permit besides her
finding a job that would endorse her and going through the entire process?

From what I've read seems like the two options I have are:

\- H1B so she could get a H4. I understand that last year Obama approved some
H4 recipients can work, but I'm not sure what the criteria is. I know that
it's only able to be filed by 1st of April, but I also understand that there
is a premium fee that could be paid to rush things up. Would love your input
on this from your experience.

\- L1 so she could get a L2. Best solution it seems but getting a L1 is a
lengthy process and needs a 1-year employment period which I might not have by
the time we want to move.

Thanks for reading this, I would really appreciate your professional opinion
on this !

Shai.

~~~
lfittl
Looks like you missed the window where Peter was answering questions, and I'm
not a lawyer (so please talk to one!), but:

I think you could look into doing an EB1 green-card in the extraordinary
ability category - the requirements are similar to the O-1 (just reviewed a
bit more thoroughly), and it'd give your wife a work permit if you file the
paperwork together. In theory that process can be done in ~3 months (for the
EAD card, which would allow her to work) when you file the I-140 with premium
processing.

See also [https://www.uscis.gov/working-united-states/permanent-
worker...](https://www.uscis.gov/working-united-states/permanent-
workers/employment-based-immigration-first-preference-eb-1)

~~~
marymkearney
Agree, if your O-1 evidence is strong, pursuing an EB-1A is the fastest way to
get your spouse work-authorized.

------
napoleonarwhal
Hi Peter,

I am from the United States and recently discovered that my cofounder is an
undocumented immigrant. What should I do? Are there legal consequences to
this?

------
hiranyaf
Hi Peter! I am so glad I found this thread.

I have been in the U.S. uninterrupted since 2002 and would like to figure out
what my chances are for an EB-1 (or EB-2) green card. I was first on an F-1
while at Wharton getting my MBA, then on a G4 working for the World Bank, then
sponsored on three different H1-Bs (2 corporate and one research think tank,
and finally since 2012 on an E-2.

So I have been the U.S 14+ years, educated at a top school, paid taxes in the
highest tax bracket, own two properties here,and started a business that has
provided employment to 6 part-time American workers. Additionally my business
is in career coaching and job search- and so I have helped over 400+ Americans
find employment, including for the State Dept, DoD, and the U.S. Foreign
Service.

I am trying to explore paths to a Green Card.. thank you in advance for your
reply!

~~~
marymkearney
Hi, it sounds like you might build a strong case for EB-1A extraordinary
ability. I wrote a blog post recently that gives an overview of what you have
to prove. (It's about O-1s, but the process is the same for EB-1As.)

[http://visabuilder.com/blog/escape-from-h1b-hell-5-things-
im...](http://visabuilder.com/blog/escape-from-h1b-hell-5-things-immigrant-
entrepreneurs-can-do-right-now-to-hack-their-own-o1-visas/)

Hope this is helpful.

------
throw345hn
1\. I studied in a HCI (Human computer interaction) program where there were a
mix of programmers and designers. I found that after graduation a lot of the
designers were applying for O1B and were easily getting those whereas
programmers generally stuck to H1B's even though some of the projects that
were being shown as part of the application documentation were group projects.
Is it harder to receive an O1A for people in sciences because their work is
generally not visual in nature vs O1B which is for arts (or designers)?

2\. My OPT ends this month (June 30th) and my employer filed for H1B starting
Oct 1st. My university issued another I20 (called CAP GAP extension) which
start July 1st. But currently I am thinking about changing jobs immediately as
my current employer is suffering financially and I am not sure how long they
may survive. Is it ok to do that during the CAP GAP period if my new employer
is willing to sponsor H1B? I have read online where some people say its ok but
others say its not.

Thanks for the AMA

------
vthallam
Hi Peter! Thanks for the AMA!

Can you please describe briefly about the process to establish a company here
while on H1-B. From incorporation to founder's visa status. Whether there has
to be a American co-founder or if it helps to have one. If funding helps in
getting a visa etc.

The description about the 2 visa's for GC is clear, i just wanted to know
about initiating the process.

Thanks in Advance!

~~~
proberts
That's a long response but the key point is that one can't self-sponsor so it
definitely helps to have other owners (whether US or not) to diffuse the
ownership and control.

------
anarazel
Is there any reasonable explanation for not being "allowed" to leave the US,
after filing for adjustment of status? Without advance parole, that is.
Especially when a different class of visa (say an O1, while applying for EB1A)
would still allow reentry? That can be rather annoying both for professional
and personal reasons.

~~~
proberts
No good reason, just the law. Note that this prohibition doesn't apply to dual
intent visas such as the H1B and L1.

~~~
anarazel
While often treated as such, the O1 is not officially a dual intent visa,
right?

------
garyjob
Hi Peter,

My name is Gary. I am currently working under a H1B1 visa. My sponsoring
company has tried without success to apply the H1B visa for the past three
years. The lawyer is advicing that I proceed to applying for the green card.

The lawyer states that at this point, even if I get awarded the h1b visa since
the time under the h1b1 will be counted towards the h1b, I will not have
enough time using the H1B to get thru the green card application process

Also during this green card application process, it's advised for me to remain
in the US otherwise I will get in complications when entering to with a H1B1
that has a outstanding green card process

I have two questions: 1\. Is what she said about the h1b1 time contribution to
the h1b true?

2\. Is what she said custom complication true?

------
andor436
Hi Peter, thanks for doing this!

My company currently employs a brilliant, in my opinion, Argentine scientist.
We'd love to bring him to the US periodically, but he can't get a visa as he
owns no property in Argentina, isn't married, etc. Short of meeting in a more
neutral country do we have any options?

~~~
proberts
I'd look at getting him an O-1.

------
duglauk
I am on h1b and have a blog with pretty good traffic. Can I have a google
adsense account and earn ad $$ ?

~~~
jsanch
Why can't you get the $$ through your home country?

------
throw42
I have a O-1, how hard is it to get a EB1A. In what percentage of cases will a
O-1 person get a EB1A.

~~~
marymkearney
I view the O-1 as laying the foundation for the EB-1A. It's like your outline
or first draft. It's super helpful to have your basic categories and narrative
laid out in the O-1. The O-1 approval also provides some validation that
you're on the right track.

You can then construct your EB-1A by fleshing out the categories with even
more high-quality evidence (media articles, awards, salary, etc.), and perhaps
adding a few more categories.

Unless the O-1 package was very strong, I wouldn't just resubmit it as an
EB-1A. I'd take the time to amplify and strengthen it.

------
tommyvoltz
Is popular github repo enough for o1 visa? it is significant achievement in
programmers community)

~~~
marymkearney
You could frame it as an "original contribution of major significance in the
field." The adjudicator would want to see (1) your original work, explained in
plain English, and (2) the work that others have created, based on your
original work.

In this situation you're not necessarily proving popularity, but the influence
of your work on the major creations of others.

This could be a good foundation for an O-1. You'd have to show at least 3 of
the 8 required elements, so you'll need a minimum of 2 more (media coverage,
awards, judging, authorship, etc.)

HTH

------
aliakhtar
> the extraordinary ability and national interest waiver routes--are often
> very good options, and often overlooked because of a misunderstanding about
> the standards.

Can you please clarify that, especially about the extraordinary ability
criteria / standards? Is there a yard stick that one can measure themselves
against, to get a realistic assessment of what their chances are?

E.g may be an example persona of someone who qualifies? The examples that are
given by the immigration website are olympic atheletes and such. That's
probably someone who is way overqualified though. What's an example of a
person who just barely qualifies, or who neither under nor over qualifies?

P.S can I hire you to be my attorney for my EB1?

~~~
proberts
It's impossible to draw a line in the sand for those who haven't won major
awards or received major recognitions. It's really fact-specific. That being
said, if one has a degree and several years of experience doing good work,
it's always worth looking at. There's oftentimes more to an individual's
background from an immigration perspective than he or she realizes.

~~~
aliakhtar
And I'm guessing the answer to my last question is no?

~~~
proberts
Sorry about that, I'm not sure about the protocols of this but I'd definitely
be happy to speak with you and then see where that leads.

~~~
aliakhtar
No problem :) How can I reach you?

------
alantrrs
Hi, Peter! as a Mexican, could I get an E2 visa investing $50k of my own money
into my startup? Or what's the lowest investment needed for an E2 visa? In
order to reach that threshold, could my investment be complemented with VC or
angel's money?

Thanks!

~~~
proberts
The investment requirement is "substantial" relative to the enterprise so
there's no legal minimum but in my experience most consulates won't entertain
E-2 visa applications where the investment isn't above $50,000. And understand
that the investment has two components, the money transferred/invested into
the U.S. company and the money spent by the U.S. company and a substantial
amount needs to be spent and the percentage is higher the lower the
investment. So, where the investment is as little as $50,000, most consulates
will want to see nearly all of this spent. But to be clear, $50,000 is really
low. And yes, the money can come from others as long as here the money is
coming from Mexican citizens or Mexican-owned companies.

------
gibsjose
Hey Peter, thanks for this.

Have you heard about SimpleCitizen?
([https://simplecitizen.com/](https://simplecitizen.com/))

My wife and I were recently married and are currently considering this for
getting her green card.

Any thoughts?

~~~
proberts
I'm sorry but I haven't heard about this.

~~~
gibsjose
No worries; thanks for the reply.

Have you had experience with DACA + 245(i)? We're hoping that doesn't
complicate things much.

------
confiscate
Hey Peter,

My question is typical in the SF Bay Area, H1B founder:

I am an American Citizen. Opened up a startup C-corp. Company does not have a
lot of press coverage yet. I have a friend who would like to join my startup
as founder, but have doubts about immigration issues:

\- H1B

\- EB2

\- originally from India

\- graduated masters from a U.S. College

\- currently software engineer for another big company. Has been for several
years

\- just starting the green card process

As a startup we don't have much revenue yet. He is willing to give up his
salary (just as I did) to become a founder. I am worried about H1B's salary
requirement preventing him from doing this.

What options do I have for bringing him on board to my startup as a founder?
What would be the best way to do this?

------
einstein
Hi Peter, I've a few questions:

1\. What's the relationship between O1 sponsoring entity and you? Do you've to
be employed by the sponsoring entity? Can you run your own business while on
O1? Can you get paid by someone else than the sponsoring entity while on O1?

2\. How to determine if I should go with O1 or EB2? My attorney says if my EB2
gets rejected then there can be issues getting any other non-immigration visa.

3\. If I already have O1, then what's the process like going from O1 to Green
Card? When can you go from O1 to Green Card?

4\. If I already have O1, are there tricks to stay in the US and never go back
to home country to renew it?

Thanks!

------
zanethomas
Also, from my friend again:

I know O1 visa is very specific for example O1 for producing or or O1 for
acting. If your O1 is for producing you cannot do acting under that visa.
Currently I have only enough experience only for producing. But Ideally I want
to get O1 for producing and acting. My question is if you have O1 for
producing, while you are at O1 you want to apply O1 for producing and acting,
if I get denied is my O 1 for producing still good or it get waive? Or can I
just petition to add acting in my current O1? If I petition to add acting and
get denied does my O1 as a whole gets cancelled?

~~~
proberts
Good question but very fact-specific so I'd need to speak with you and get
much more information.

~~~
zanethomas
I'm sure my friend would be interested in setting up a consultation. How can
we arrange that?

~~~
dang
I'll send an intro if you email hn@ycombinator.com.

------
chikathreesix
Hi Peter, Thank you so much for having this. This is really helpful. I have
heard that if you could get into YC, O1 would be an option because being
selected by YC means you have extraordinary ability. Is that true?

------
perardi
I work, remotely, for a private US software firm, and about a year from now,
I'd like to move to Toronto to live with my partner. (Yay for long-distance
relationships.)

Is it practical to work remotely for a US firm in Canada?

~~~
winter_blue
I don't know Canadian visa law, but I would assume that your US firm needs to
have an office in Canada to be able to sponsor a Canadian work visa for you.

~~~
tokensimian
If you are not a US immigration attorney, which your profile does not seem to
indicate once I traced through a couple github profiles, you should probably
resist the urge to be a top level commenter on questions submitted to OP.

Sorry if this is abrupt, but it sounds like you are frequently posting your
interpretation of legislation. US immigration realities are frequently
different. Even if you've had your own experience, it would probably be more
useful to OP to hear from the expert rather than one person's experience.

~~~
winter_blue
I'm just trying help as much as I can. I've avoided answering any questions
that _proberts_ has already answered.

IANAL, but I've done a large amount of research into this, and I think an
immigration attorney would find the answers I've given so far to be quite
accurate.

Not sure what you mean by "US immigration realities are frequently different"
\-- all immigrants are subject to a same set of US immigration laws.

------
linuxfan
Hi Peter,

I have a green card that will expire in August 2016. I also have a valid
travel permit until 2018. If I do not renew my green card in August, and leave
the country, will I still be able to return using the travel permit?

~~~
refurb
If you have a valid green card, what exactly is the travel permit? Advanced
Parole? The reason I ask is you wouldn't need a travel permit if you have a
green card (Permanent Residence Status). And, typically all prior status
disappears once you get it (i.e. you couldn't use a valid H1-B visa to enter
once you get a green card).

If you're worried about renewing, you can always go to the USCIS office and
get a stamp in your passport that shows your Permanent Resident status (I-551
stamp). It's only valid for 6 months though.

~~~
linuxfan
Thanks a lot Peter.

------
throwasay30967
Thanks for this AMA!

Who is behind the "Washington Alliance of Technology Workers" and why do they
keep bringing lawsuits against STEM OPT for F-1 visas?

Is there any moves on increasing the H1-B quota or modifying the H1-B
altogether?

------
no1youknowz
Hi Peter,

I'm based in the UK and in talks with (UK Based) investors for a significant
amount of seed money to start a company.

I want to setup a US based company as all of the business will be with the US
and I want a local office.

What sort of "investment" for the US based company do I need to make, so that
I can secure a visa and what type of E visa should I be trying to get.

I know higher the better is probably preferable. But where is the sweet spot?
$100k, $250k, $500k?

I do not have a PHd, nor a Masters or even Degree. However I have 25 years of
IT experience and I am the technical / founder of my company.

Thanks

~~~
proberts
There's no minimum and yes, the more, the better, but typically $100,000 is
enough to support an E-2. But bear in mind, as I noted earlier, that a good
chunk of the $100,000 invested must have been spent before the E-2 application
can be submitted. Side note: most US Consulates and Embassies, including the
Embassy in London, are really good on E-2s, reasonable, rational, and
facilitative.

~~~
no1youknowz
Peter. Thank you for the answer. Much appreciated!

------
niwquestion
Hi Peter,

I am an international founder just starting on OPT after getting a PhD and
hoping to get an EB-2 NIW. I have a couple questions:

1\. Does starting a (small-at-the-beginning) bona fide technology startup is
grounds for NIW? How difficult is the process in general (for a PhD in CS from
a US school) and how many paper/citations on average do you see in successful
cases?

2\. If I succeed in my NIW case, can I later employ my brother (from the same
nationality under E-2) and bring him on board as a cofounder later? Does it
require substantial cash on his behalf?

Thanks!

------
noahlt
A friend of mine feels that the H1-B system is rigged, that the big companies
will get as many H1-Bs as they ask for and that smaller companies essentially
don't have the same degree of access to that labor pool. My impression is that
he is wrong, but I'm no expert. As someone who deals with this regularly,
what's your take—do you think big companies are practically guaranteed to get
H1-B workers? How disadvantaged are smaller companies (esp those without
access to YC resources)?

------
h1bquestion
Hi, My questions is regarding a different aspect of immigration -- what are my
rights if my company promised to sponsor an h1b visa but failed to do so (a
mistake on their end). The company offered a compensation package for their
error, but I'm not sure what's fair in that case. Should it be calculated on
the months I've been there, or the value that could've potentially came if I
got the h1b. (Ps the company's success rate with h1bs has been 100% so far)

~~~
winter_blue
I honestly don't think there is anything you can do in this case. I think this
has more to do with laws of your country, than the US. If a company offers
someone X, and doesn't give X to them, does your country's laws offer any
protection, or require the company to compensate you for not giving the X that
they promised in writing?

------
vorador
Is it possible for a person under an H-1B visa to have a money-generating
side-project? I've read that it was absolutely illegal but I'd like to have an
actual lawyer's opinion.

Thanks!

------
dbancajas
Peter, Can you evaluate my specific case? I am going to send my resume and
also my google scholar citation page.

info:

\- I have about 46 citations.

\- Graduated last June 2015 PhD EE from a small US school.

\- 5+ conference papers in top conferences in my field.

\- 1 best paper award in a 250-paper conference.

\- 1 best paper nomination in 200+-paper conference.

\- 11+ conference/journal papers in Total.

\- 3 approved US patents

Go or No-go on EB1-A?

I emailed this law firm for EB1:
[http://www.curranberger.com/](http://www.curranberger.com/) and they said I
won't qualify.

What's your opinion?

~~~
proberts
I'd be happy to evaluate your background.

~~~
dbancajas
can you PM me your email?

~~~
dang
Email hn@ycombinator.com and we'll put you in touch.

~~~
dbancajas
looked at your profile and it seems you are a mod. Sorry for my previous
comment.

~~~
dang
No apology necessary. We made a conscious choice for that not to be so
obvious.

I've fallen behind a bit on emails but will send an intro soon.

------
web007
I have several sponsored (H1B?) friends / co-workers who I would want as
employees in my future startup. How expensive / difficult is it to take on
sponsorship?

------
danellis
If I, in the US, found a US-based company with someone from overseas, what
should we do to maximize his chances of eventually moving to the US on an L
visa?

------
ashkan3
Hi Peter, I'm a software engineer and working under F1-OPT status. I didn't
get H1-B in the lottery this year. But I can maintain work authorization by
extending my OPT for 2 years from now(STEM). My company told me they would
apply for my green card after a year from my employment. Do I need to have a
H1-B so that they can start the process for my gc? Or can they start the
process while i'm on OPT?

thanks

~~~
ofcrpls
Not OP but yes they can start it on OPT.

------
mahoneyturnbull
Hello Peter, Thank you so much for offering this opportunity - this is really
fantastic reading everyones Q+A's!

1.Re H3 'traineeship' visa. Is that a recommended route, in lieu of the o1a
for business? Would an accelerator be able to satisfy this from your
experience (i.e. 500 Startups) ?

2\. Re H1B: Is it true that a more strategic month to submit it is around
October? I am hearing conflicting opinions on the matter of timing.

------
tostitos1979
Hi .. I am curious about how the final-part of the green card process works
for a married couple living in different countries: say a dependent spouse is
outside the country while the sponsoring spouse (say someone who applied via
EB-1 or Eb-2) is inside the US. Is it possible for one (the dependent) to use
consular processing and the other to do a change of status while inside the
country? Thanks so much!

~~~
proberts
It is possible but the spouse outside needs to wait until the principal spouse
in the U.S. is a permanent resident before proceeding although preliminary
steps can be taken.

------
jensvdh
Hi Peter,

What are the odds of the H1-B lottery system changing under a Clinton/Trump
presidency. What kind of changes can we expect from either of them?

------
canIleaveyet
Hi Peter,

Thanks again for taking the time to answer questions. I am currently on OPT
and was lucky enough to receive a H1B in this year's lottery a month or so
ago. It is scheduled as a change of status happening on Oct 1st. Can I leave
my current company if I have another offer and transfer the H1B to that
company before Oct 1st? I have heard conflicting stories. Thanks!

------
salina_om
Hi Peter, I was born in the states but moved back to my country. I only have
my birth certificate and I have recently come to the states under a B1/B2
visa. I have applied for jobs. How does it work in my case, can I apply for a
working visa? My current visiting visa is valid for 6 months.

------
ankitml
Hi peter,

I have an H1b petition approved till Aug 2017 but my visa hasnt been stamped..
can i get my petition extended even without having been travelled to US even
once?

Also, if i have a valid visa but the petition gets expired. am i still
eligible to work on the visa or the petition needs to be extended? can another
employer get the petition extended for me?

------
kalemayank
I'm going to graduate with a B.S next year and already have a startup. We're
raising a significant round late this year and i have a cofounder who is US
citizen. Is it possible for me to have a majority stake in this company, work
on it under OPT and file for an H1B or does someone need to have the ability
to fire me?

~~~
brexit
Also wondering, thanks!

------
creativey
Hi Peter,

I am currently on f1 visa. I was declined for H1B visa by my company in 2015
so I went back to f1. I am currently going to school but I don't want to
continue anymore since I want to work and get new experiences.

Can you give me advice on how can I overcome this challenge and make my
greencard?

Thank You

------
vchauras1
Hi Peter,

I have two simple questions:

I am on H1-b and I have my I-140 approved (eb-2).

\- I want to switch my job and before taking up a new job in USA I want a
break. Is it possible to take break of 2,3 months w/o being un-employed? If
not, is there a way to achieve this?

\- Once I move to a new firm, what process I can follow so that my GC
application continue in normal pace?

~~~
proberts
This would be better discussed privately because it is asking for legal advice
on a complex and nuanced matter without my having all the facts.

~~~
vchauras1
So you suggest emailing you?

------
dvcoolster
I have a 10 year B1/B2 visa, and I want to start-up in US asap. What are my
options? I don't mind not being in controlling stake, that's not an issue. Is
there any mandate around, If a company raises X, or creates Y jobs, they can
stay in US. Thanks for all the answers

------
dkraft
If I am a Colombian Citizen with a multivisit visa, and I don't have the
actual visa because it is attached to an expired visa which is forgotten in
the U.S. - What are the chances of re-entering USA? Is the visa information in
the computer or is it useless without the physical stamp?

~~~
why-el
Is this a B2? And how does one forget an expired visa? Unless it was not
attached to your passport or you actually left the US without your passport.

Of course, I am not a lawyer.

~~~
dkraft
The Expired Passport contained the valid visa, forgotten in a desk in USA and
the Current Passport is in my possession in Bogota.

It Is a B2. I'm hoping the valid visa is in my "electronic footprint" with
TSA/immigration?

or am I stuck / delayed with getting a temporary visa to re-enter ?

~~~
why-el
Did you get your new Colombian passport while in the US? Otherwise it suggests
you left without your passport? How is that legal?

In any case if you had a B2 in an expired passport, it is still valid (I came
to the US with two passports, one expired but has my US visa). I was just lazy
and did not transfer it, but there is no problem doing so. You just might have
to explain your passport-in-the-US situation.

------
DelaneyM
What guidance would you give to a Canadian applying to YC who doesn't plan to
stay in SF after demo day? Is it possible to work in SF for the duration of
the program employed by the startup, or is it best framed as a holiday? Can
one pay oneself, or pay for expenses, in that time?

------
galaxor
Dear Mr. Robers, I am a Spanish National, I have a small US Cloud startup
company, we pay around 12K a month in services in the US, have invested around
500K in about 5 Years in Hardware are other items. Whats the best way for me
to go about a biz / investor or work visa ?

------
rinormand
Hi Peter, really appreciate your initiative. Is there any kind of conflict if
I apply to O1 and L1 at same time, assuming I have all the requisites for
both. In your opinion the option for Premium Processing Service decrease the
chances to be approved? Best regards, RN

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

I'm European and I live in London and run a small advertising business
(business is just me). I have a PhD in STEM. I can code.

Given this, what would you advise is the best route if I want to work and live
in the USA? Would getting a job at an American company be enough?

Thank you

------
togepiiod
Any thoughts or experience with the EB5 route, and founding a startup on
arrival? (assuming you have the required 500k or 1m, and you are investing in
something unrelated to the startup).

Is it a good choice for canadians?

What is the best way to find a qualifying and legitimate investment?

------
pbowyer
When you are self-employed and run a successful company, is there a way to
immigrate on that basis? Or do you have to find another company to work for,
who will sponsor your visa application.

UK citizen, looking for a way out after yesterday's EU vote.

------
capote
I'm a US citizen and want to move to Australia for good. How can I find
someone like you in Australia to get advice from on how to proceed? (I'd just
be looking for a normal software/managerial job kind of like the one I have
now)

------
ryanlm
When is the best time to incorporate and do a binding equity split for a new
venture? I have a co founder and we've begun to talk about a 50 50 equity
split as an S corporation. Before work is done, is it best to have a real
entity formed?

------
jerrickhoang
Hi Peter,

Thanks for taking questions. I'm currently on F1 OPT and just lost the H1B
lottery. Was wondering if it's legal for me to apply directly for a GC
instead. If yes, are there potential risks during the process and in the
future. Thanks

------
matheweis
Is it even possible for someone to immigrate like the Ellis island days? It
sounds like it is a complete stonewall if you don't have some exceptional
skill and a lot of money ... how could a "normal" person immigrate now?

------
threwawayx
I am a high school dropout in India. How can I make it to the US with an H1B
work visa (or some other country in EU) ?

I've had (technical) job offers from US, Germany, Denmark, Japan, etc. but all
of them have had issues with this.

~~~
getadegree
Please do get a bachelors degree. Don't dropout in India. Prepare for long
term. Your career is 40-45 years. I have thought about this when I was
studying in a not so great college in India. But I finished college and
immediately got into Facebook and now doing great in Google.

I have made good connections in Google now who will quit with me to do a
startup.

------
relaunched
Hi Peter,

I want someone to join as a co-founder, to currently work nights and weekends.
However, currently, he's under H1B, working for a US company, in the US. What,
if any, are the risks to both the startup venture and the individual?

~~~
proberts
He could get a concurrent H-1B through your company.

------
Aldo_MX
Hi Peter,

What options does a person without a bachelor's degree (or similar) have to
immigrate?

------
LukaAl
How does O1 and EB1 visa relate? Being on an O1 Visa make the EB1 visa process
any easier? E.g: the qualification for the outstanding need to be reassessed
(basically redo everything) or they just accept their previous decision?

Thanks

~~~
psuter
I went from O1 to EB1 and had to resubmit all evidence (and then some). There
is definitely an opportunity for reuse, so assuming you didn't throw it all
away, it should be easier to assemble your case than if you were starting
anew. (I'm not a lawyer. Sample size N=1.)

~~~
proberts
See earlier comments. The standard for EB1A is much higher. That being said,
the evidence used for an O1 often can support an EB1A.

------
vishnu291093
Hey Robert, My question is what all are the different ways for a student under
F-1 visa to be co-founder for a start up and will I be able to do it as an OPT
and apply for a H-1B visa at the same time. Thank you

------
haseeb1431
Hey, I have done BS CS and six years of industry experience outside of US. Can
you refer some existing documents/link that can help me understanding and
starting this whole process. Thanks for your time.

------
vishnu291093
Hey Robert, My question is what all are the different ways for a student under
F-1 visa to be co-founder for a start up and will I be able to do it as an OPT
and apply for a H-1B visa at the same time.

------
Naritai
I'm hiring a Canadian SW developer (w/ a Canadian CS degree) on a 6-month
contract (currently has no right to work in US). Can she generally qualify for
a TN visa for contract work?

------
clamprecht
Here's Peter's previous AMA, for reference:

[https://news.ycombinator.com/item?id=10719080](https://news.ycombinator.com/item?id=10719080)

------
JamesHo
Hi Peter, I am a L1B Visa holder, at present. My company is preparing to apply
for my GreenCard. I being on L1B visa, would I be eligible to change my
employer, once I get I-140 Status?

~~~
proberts
The two are unrelated. An approved I-140 while in L-1B status doesn't help
with job changes and the new employer would need to start the green card
process from scratch.

------
eigensheep
I have been a green-card holder for 9 years and coming up on my expiration
date in exactly 10 months. Will I face any trouble if I want to get the ball
rolling on becoming a US Citizen?

~~~
proberts
Not at all.

------
poorguyh1b
Hi Peter. I am on H-1B. What are the legal source of revenues other than the
salary I receive from my employer (H-1B sponsor)? Is it ok to have capital
gains, dividends, interests?

~~~
proberts
These can be permissible if they are given to other employees in similar
positions and don't transform you from an employee to an owner/self-
petitioner.

~~~
poorguyh1b
Is it ok for H-1B holders to have a trading account (unrelated to my employer)
and generate revenues by trading? (not day trading)

------
marymkearney
Wow, this was an awesome AMA. Peter it is super generous of you to share your
expertise in a very opaque and confusing area of the law. On the topic of O-1
and EB-1A extraordinary ability, there IS a misconception that this category
is too challenging for most people to consider as a visa option.

In fact, for entrepreneurial folks who are resourceful and achievement-
oriented, "extraordinary ability" can be a great choice. The critical factors
are

(1) understanding what the adjudicator's looking for,

(2) supplying organized, well-presented, high-quality evidence in 3 or more of
the specific categories, and

(3) creating an interesting, easy-to-understand "success narrative" that
guides the adjudicator through your evidence.

These quotes from Peter in the threads below sum it up nicely.

"For those who have not won major awards, it's really a mix of media coverage,
publications, awards, good work, etc.... It's very fact-specific and in the
end it's a feeling that someone is very bright and doing interesting work....
Also really that the product being developed is interesting and grabs the
attention of the adjudicator."

"It's really conveying - supported by evidence - what is really interesting
and significant about the work and achievements of the applicant and conveying
the applicant's passion. And most talented founders who are truly passionate
about what they are doing have a good faith basis for proceeding with an O1."

* * *

I'm also an immigration attorney (licensed, non-practicing) with a specialty
in extraordinary ability cases. If it's OK with Peter and the mods, I'd be
happy to continue answering questions on topics relating to O-1 and EB-1A.

I'm also in the process of building a DIY course on compiling your own O-1
evidence package. I'm actively seeking beta testers to tell me their stories,
provide feedback on the materials, and help me create a kick-ass program that
really helps people.

The course wouldn't be a substitute for hiring a good lawyer (which I highly
recommend). I envision it more as a resource you could use to understand the
O-1 requirements thoroughly, and begin compiling a great evidence portfolio
right away.

Does this sound like a thing that would be useful to people? Please contact me
(info in profile) if you have comments or would like to help me beta test.
Thanks so much.

I'll also reply to some existing questions below. IAAL, but standard
disclaimer: This isn't legal advice, and it doesn't create an attorney-client
relationship.

------
goCanada2
As a Canadian citizen, working as a software developer for the past decade. I
did not finish my degree in CS. Am I eligible to work in USA? What Visa would
I need?

~~~
adomanico
You could obtain a TN visa under the sci-tech category (which does not require
a degree). Before I had my degree this is how I got my first TN.

It is a little less straightforward then the Computer Systems Analyst category
but it can be done.

~~~
distracteddev90
This is the exact situation I'm in and I'm on my 3rd TN. Get a good lawyer and
this shouldn't be a problem.

If you do get this visa though, be very careful what you say to the border
guards. You need to ensure that when speaking about your work, you always
frame it as "work in support of scientific research/innovation".

------
rafikicoln
Hi Peter,

Thank you so much for taking the time. My question is: As a recent grad from
an American U, can OPT and OPT STEM extension be used to start a new company?

~~~
proberts
There are some new requirements surrounding this but the short answer is yes
although you really should check with your international student advisor and
get his or her okay.

------
abeiz
Hi,

If a Canadian is currently in the U.S on a TN visa, is it possible to get a
green card? Or does one have to switch to a different visa first, as in a H1B?

------
stephentbiz
What expectations can a startup founder have when preparing to make an offer
to an international developer?

What steps do we need to take to get them here :)

------
jlos
Hi Peter,

As a Canadian with a bachelor of arts degree (I.e. non-CS degree), what kind
of industry experience (if any) would be necessary to qualify for a TN-1 or
H-1B?

Thanks!

~~~
proberts
It really depends largely on the kind of work you would be doing in the US and
exact nature of your degree because you need to come within a NAFTA
occupation.

------
dhiren34
I read recently that the Opt period is being extended. If I was on opt for
undergrad, am I still eligible if I decide to go to grad school?

------
aryamaan
What are different visas an Indian person can apply for to work in U.S. and
what are the prerequisites for that?

------
kumarski
Do any of the following qualify as extraordinary abilities?

* Winning Academic Competitions * Breaking World Records * Building Very Large Digital Things

~~~
marymkearney
Winning academic competitions:

Generally not. USCIS considers academic honors to be pre-career, or
preparatory for career. I'd omit these, as they can make you look small.

Exceptions might include very prestigious international competitions with a
lot of media buzz, or cutting-edge postgraduate or fellowship work.

Breaking world records:

Interestingly, there's no O-1 category that this really fits into, even though
it's clearly evidence of extraordinariness. I've had good luck fitting it into
the "prizes and awards" category.

This works best if there is some media buzz around the event that features the
record-breaker, that you can also compile in the media coverage category.

Building very large digital things:

Probably, if they ship, if they're successful, and if they make peoples' lives
work better. This could be an "original contribution of major significance."
You'd have to show specific examples of the impact of your work on the field
as a whole, i.e., how it was a game-changer.

------
brexit
Hi! Thank you so much for doing this. My questions:

\- Is it allowed for an F-1 visa student to start a company?

\- If yes, can that company make money? Under what conditions?

Thank you!

------
brexit123
Hi,

What are the visa options for an Indian citizen ( no U.S Visa ) who has
registered a Delaware LLC to get into U.S for few months and doing businesses
.

Thanks

~~~
proberts
It really depends on the nature of these activities, whether they constitute
employment/work and therefore requiring a work visa or not.

------
max_
Thanx a lot!!:

How hard is it for Africans who have never stepped in the US to relocated to
san Francisco as Founders/Engineers for startups?

~~~
proberts
Really no harder or easier than citizens of other countries (with the
exception of those from countries with their own visas, like Australians,
Canadians, and Mexicans).

------
hauget
Hi there. Thanks for doing this Q&A! Is it possible you could recommend a good
immigration lawyer in Germany? Cheers.

------
djebril
What best advice would you give to an early-stage French data visualization
startup willing to candidate for W17?

------
ikestojanovik
Hi Peter,

Last September (2015) I received my Green Card thought the PERM process. If I
was to marry someone today, could they apply for Green Card?

Thanks.

------
wlrm
Can you please give piece of advice how to prepare response for RFE in case of
L1 visa? Some tricks or typical mistakes.

------
zanethomas
Asking for a friend:

Hi Peter, I was wondering, if I have an O visa, and I applied for EB-1 but get
rejected, do I lose my O visa?

~~~
proberts
Not necessarily but it can impact the ability to renew the O-1 visa and travel
internationally.

------
ex3ndr
Hi Peter!

Can small startup after are one year of operations immigrate to US (via L1)?
What is required from a company to do so?

------
mceoin
Hi Peter,

The 0-1 visa has many advantages for entrepreneurs. How would you advise
positioning oneself to obtain one?

~~~
marymkearney
Hi, I wrote a blog post recently that answers this question.
[http://visabuilder.com/blog/escape-from-h1b-hell-5-things-
im...](http://visabuilder.com/blog/escape-from-h1b-hell-5-things-im..). Hope
this is helpful.

------
tn13
Hi Peter,

What is the approximate time that it takes for an H4 spouse to get EAD after
H1B's EB1 GC process is kicked off ?

Thanks

~~~
proberts
About 2-3 months after the I-485 is filed.

------
coralreef
What was the most difficult case you have ever faced in trying to acquire a
visa for a founder?

------
maratal
Hi Peter!

I've got a github repository with couple of thousands stars, can this help me
to obtain O-1?

~~~
marymkearney
Hi, a Github repository can be an "original contribution of major significance
in the field." The adjudicator would want to see (1) your original work,
explained in plain English, and (2) the work that others have created, based
on your original work.

In this situation you're not necessarily proving popularity, but the influence
of your work on the major creations of others.

------
ogandda
Hi Peter

What would you recommend for a student who is on an F1/OPT STEM extension who
wishes to found a startup ?

Thanks

------
codeproject
Hi Peters:

I got my green cards 10 years ago. I have been working on my startup project
for the past 3 years. I didn't make any money and didn't pay taxes. Now I want
to apply for american citizenship. in the naturalization form, there is a
section for past working places and tax paying history. What am I supposed to
do with it?

------
master_yoda_1
I am on H1b how much time i have for job search if I quit my current job right
now?

------
cynusx
How long does it take to receive an O-1 visa and dependent O-3 visas?

------
santi87
How likely am I to have my application denied after an RFE? General numbers

------
shpx
How much harder is getting an extraordinary ability visa without a degree?

~~~
proberts
Unless the degree is a PhD, in my experience education is not really a factor.

------
c0g
Are there any firms your recomend for someone in the london area?

------
rootein
Can journalists/ editors qualify under the EB-1 visa?

~~~
marymkearney
Yes, certainly.

------
LoSboccacc
would a couple patents and a successful startup experience as CTO, (but not
founder) qualify for an O1?

~~~
proberts
Possibly yes but we'd need to explore the patents further, the nature of your
work, your impact on the company, etc.

~~~
LoSboccacc
are there specialized agencies to deal with the paperwork as a service? I.e.
for Australia you get a different agency to evaluate your skill plus you can
get the help of accredited attorneys to facilitate the paperwork, in a neatly
available list organized by country of origin.

anything of the like for the O1?

~~~
marymkearney
BridgeUS is doing some interesting work in this area.
[http://www.bridge.us/](http://www.bridge.us/)

There are other startups working on creating "Turbotax for immigration," such
as Clearpath and FileRight. At this point they're focusing on the simpler US
immigration forms that are easier to standardize.

O-1s are tough to streamline, since they're so personalized and one-off.

------
cm2187
You should do the same UK focused. There will be like a million people who
will apply for citizenship or need a visa this year!

------
duglauk
on H1b visa can I accept prize money (say about $2k) if I win a online coding
Hackathon ?

~~~
rajdevar
yes, you need to show it as prize when you file your TAX returns.

------
Disruptive_Dave
yo, NOBODY gets more free work requests than lawyers.

~~~
ry_ry
My WiFi isn't working, do you mind popping over to sort it out?

Also, all my websites fonts look weird on my mum's computer ???!???

------
bmaddigan
How do I contact directly?

please advise...

bmaddigan@yahoo .com

~~~
bmaddigan
Are you in CT.?

------
jamisteven
Hey Robert - My Question: What do you think would happen to tech in America if
H1b's were done away with and all foreign workers had to leave?

~~~
CephalopodMD
Related question, would Donald Trump actually be able to do away with the H1B
as he suggested he would a couple of months ago?

~~~
jedmeyers
Can you please point to the source where Trump said he would 'do away with the
H1B'?

~~~
bduerst
He's flip flopped on in several times now, going from banning to allowing to
ending it completely.

[https://www.washingtonpost.com/news/fact-
checker/wp/2016/03/...](https://www.washingtonpost.com/news/fact-
checker/wp/2016/03/21/donald-trump-flip-flops-then-flips-and-flops-more-
on-h-1b-visas/)

------
saintwind
A family member of mine works for DHS as a paralegal, more or less, and their
department deals with illegal immigration into the US. They often tell tales
of how illegal immigrants will commit heinous acts (rape, murder) or somewhat
more pedestrian crimes (heroin possession, for instance).

Anyways, the most striking part about this is that it seems a lot of the
judges who handle these cases simply don't care. Because these people are
often deported and then come back a week later, not a lot seems to be done.
Some of the criminals won't be charged, and it seems a lot of people on the in
the system will just turn a blind eye. I'm not sure if it's apathy, or if the
system is so inundated that they're just unable to keep up, but have you
experienced anything like this?

------
codeproject
Hi Peters:

Thank you for taking time doing this public service. I really appreciate.

I got my green cards 10 years ago. I have been working on my startup project
for the past 3 years. I didn't make any money and didn't pay taxes. Now I want
to be american citizen. in the naturalization form, there is a section for
past working places and tax paying history. What am I supposed to do with it?

