
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA - proberts
It&#x27;s been a year since we did our last immigration AMA (<a href="https:&#x2F;&#x2F;news.ycombinator.com&#x2F;item?id=11972135" rel="nofollow">https:&#x2F;&#x2F;news.ycombinator.com&#x2F;item?id=11972135</a>) and we thought it might be time to do another. I&#x27;ll be here for a few hours to answer your questions about U.S. immigration.<p>As usual, there are countless possible topics and I&#x27;ll be guided by whatever you&#x27;re concerned with. Please remember that I can&#x27;t provide legal advice on specific cases for obvious liability reasons because I won’t have access to all the facts. With all that&#x27;s happened in the last year, it might make sense to discuss the changes, real and perceived, in immigration policy and practice now and in the future, such as, for example, an increase in site visits and a more restrictive approach to admissions and visa issuance. Please stick to a factual discussion in your questions and comments and I&#x27;ll try to do the same in my answers!  One thing I noticed, looking at some recent threads on HN, are some common misconceptions about the standards for extraordinary ability, in both the nonimmigrant (O-1) and green card context, so hopefully we can clear some of that up as well.
======
dang
I just got an email from Peter asking if it was "ok to take a break" and then
another saying he was "beginning to fade". I think you guys burned him out :)

We'll ask him to come back soon and get him to take breaks next time; 90
comments in 3 hours is most impressive but no one holds out against the beast
forever. In the meantime, I hope there is enough general info and tips in the
thread to be of some use to the people who haven't (yet!) gotten to ask Peter
a question.

~~~
proberts
Thanks. I'll be logging back on later today to answer more questions.

------
Roritharr
Hi, currently (and for the forseeable future) I'm a 29 year old CTO at a VC
backed Startup with 40 employees in Germany, I've had this position now for
nearly two years, before (and on paper now in parallel to) that I've been
managing director of a web-development agency for 3 years. I've had several
software dev positions before that while working on starting my own companies,
a process which made me drop out of university rather early, so I've never
finished my degree. I have a wife and child (of 8 months now).

What are my chances of getting a US Visa based solely on work experience
without a university degree?

~~~
LusoTycoon
Also curious, for the average european developer how easy could it be to move
to the US?

Also without a degree

~~~
vikascoder
As easy or hard as any skilled tech immigrant from anywhere else. We are all
in the same boat and I am not aware of any special agreements between Europe
and US in terms of easy transfer of skilled migrants (as Canadians have under
NAFTA). So you a) study in the US and get in line for H1B b) work for a
multinational in Europe and get transferred to US on L1 visa c) If you are a
well published researcher, O1 will be good but it is very difficult to obtain.

------
chriswoodford
As someone who has worked with Peter in the past, I can say from experience
that he is the real deal! Helped me and my family get back into the US after a
CBP agent denied my TN-1 renewal.

Peter, here's my question for you. If Trump pulls out of or re-negotiates
NAFTA, as he claimed he would do in his first 100 days... What, if anything,
would that mean for TN visa holders? Would it be an instant, no questions
asked, return to Canada. Or would there be some sort of transition period?

~~~
copperx
Why did the agent deny your renewal, if I may ask? I thought TN renewal
denials were pretty rare.

~~~
chriswoodford
After the <5min interview he didn't believe that I qualified for the TN-1
Visa. Even though I had been granted the initial one 2 years prior. Since the
decision is solely at the discretion of the CBP agent, that's all there was to
it.

------
dheelus
Peter, what advice do you have for Indian nationals on EB2/EB3 GC status given
the incredibly long wait times for the priority date to become current?

Is there a good (and legal) way to upgrade to EB1 or similar category (that
has shorter wait periods)?

For example, does it make sense to leave the US, work as a manager overseas
and return to the US on a L1-A thereby qualifying for a EB1.

Or perhaps work towards publishing papers, applying for patents, etc. to
thereby qualify for a NIW?

~~~
proberts
That's very hard to answer in the abstract but those are the two options that
many Indian and Chinese nationals look at - and oftentimes, the EB1A is a real
option for bright and talented individuals. Again, the EB1A standard, while
high, isn't as high as most people think.

~~~
vram22
Is the EB1A similar to O-1?

~~~
nnd
EB1 has stricter requirements than an O-1

~~~
vram22
Thanks.

------
arikr
I feel unwelcome and uncomfortable when I enter the US on a Visa. The things
I've seen border agents say make me feel like many border agents would love to
find an excuse to deny anyone entry.

Is there any solution to this, or do I just need to accept that it's a part of
it?

~~~
kobeya
I am a US citizen and I feel unwelcome and uncomfortable when I interact with
border guards. I know you all have it worse and I have rights that you do not,
but I just want to let you know that it is a systemic problem not limited to
immigrants. It's rooted, I think, in the power-trippy "respect my authority"
culture that has permeated all American law enforcement.

~~~
redmaple
> I have rights that you do not

AFAIK your rights as a citizen don't apply at the border.

~~~
kobeya
A US citizen cannot be denied entry. Your stuff can be, you can be stripped
naked and cavity searched, ruthlessly interrogated, humiliated, temporarily
detained, and generally treated without even a hint of human dignity. But they
can't keep you from entering the country, eventually. This has been
established by supreme court precedent.

------
canadian103
I'm a Canadian working remotely as a contractor for a US startup. I'm looking
for a way to visit my employer on-site for a few weeks for training and to
meet the team. I'm not a tourist, and I'm not a full time employee, so seems
like no visa apply for me.

I also own a Canadian corporation and I could structure the remote work
contract through my corporation instead of with me personally. Would that make
things simpler or more complicated? i.e. can my Canadian corporation send me
(the only shareholder) to the US on a work-related trip?

Also, is it possible to get a TN visa (assume a new full time job offer in
hand) if you have previously worked remotely as a contractor for the same
company? Is there an expectation that obtaining a TN visa you have to move to
the US or can I continue to work remotely? Do I need to become "resident" for
tax purposes if I have a TN, or is that completely unrelated.

~~~
erohead
At Pebble we employed Canadian contractors who received TNs for travel into
USA for meetings etc. Happy to share our TN docs. Eric at ycombinator

------
austinkank
Can a person on H1B visa use options such as driving lyft,uber, or amazon flex
to deliver goods, as they provide 1099 and not W-2. Will it violate the H1B
visa status and any complications for filing taxes? Thank you very much in
advance.

~~~
whatalife
Can you answer this question plz? I have Q's of same kind. Thanks!

------
chollida1
Canadian here.

Most of my friends with Visa's tend to live in a constant state of fear when
crossing the border into the US that a border office will just rip the visa
out of their passport and deny them entry into the US.

Even the ones with high priced immigration attorney's.

Is there something the average Canadian can do to make crossing the border
into the US less of a crap shoot, especially when doing so with a family?

~~~
mabbo
I was just at a wedding on the weekend and was chatting with a friend who had
that happen two weeks ago. He spent 4 days in a US Border patrol jail near San
Diego, sleeping beside MS-13 members.

He was forced to buy a last-minute-priced plane ticket back to Canada. His car
is currently somewhere in an impound lot in San Diego. His possessions are in
his apartment in the bay area. Until he resolves his H1B issues, he can't re-
enter the country.

Edit: Makes for a hell of a story though. "How's it going?" "Oh, just got out
of jail down in Mexico" "... what?"

~~~
bflesch
Did he overstay? I don't understand how people can run into trouble with H1B
visas.

~~~
mabbo
Something to do with changing jobs, then having the new job fall through a
month later. He thought he had 60 days to get a new job (which is pretty easy
for developers these days). The border guards had not heard of such a rule.

~~~
BeetleB
>The border guards had not heard of such a rule.

Because there isn't any. There is no grace period at all.

~~~
tdhoot
IANAL, but that's not true since Jan 2017. There is a 60 day grace period, but
only once per validation period.

[http://www.immi-usa.com/60-days-h1b-grace-
period-2017-final-...](http://www.immi-usa.com/60-days-h1b-grace-
period-2017-final-rule/)

~~~
BeetleB
I wonder if the person in question had his problems before January.

~~~
mabbo
Nope, two weeks ago.

------
yagyu
Hi Peter,

In this AMA you mentioned a few times that while the EB1A bar is high, it is
perhaps not as high as it seems. Any advice for early career academics?, eg

As a reasonably successful postdoc at, say, Stanford (good scholarship, steady
publication record, presentations at international conferences, and so on, but
no proper 'recognized awards of excellence'), is it even worth considering
EB1A, as opposed to a EB2 NIW which in contrast seems likely but would take a
long, long time?

The wording 'sustained ... acclaim' makes it sound like you'd have to be a
semi-famous professor, so I kind of ruled it out before. Have you seen young
scientists pass EB1A? Thanks

~~~
proberts
Yes, it is worth considering an EB1A.

~~~
yagyu
Thanks for your reply, that's encouraging. Follow up question:

I can see how the points

\- Evidence of your original scientific, scholarly, artistic, athletic, or
business-related contributions of major significance to the field

\- Evidence of your authorship of scholarly articles in professional or major
trade publications or other major media

are fairly easy to fulfill. Which one would you attack as the third?

~~~
proberts
Association memberships and journal review work.

~~~
yagyu
Thanks for your time!

------
proberts
Unfortunately, it looks like I'll need to sign off now but I'll check back in
later today to try to respond to all unanswered questions and comments. As
usual, this has been a pleasure and very informative for me to hear what's on
everyone's mind. Thank you for your insightful questions and comments.

------
marymkearney
Many thanks to YC / HN for sponsoring this, to Peter for all the insightful
answers, and to all the thoughtful questioners. Lots of good stuff here on a
topic that's more important than ever. Who knew how drastically this would all
change over the past year?

I'm late to the party, but I'm sponsoring an evergreen AMA on my own site for
questions about O-1 and EB-1A "extraordinary ability" visas. I'm a specialist
in this area (non-practicing attorney), and I'm working to disseminate
practical how-to's on this topic as widely as possible.

I welcome your additional questions on extraordinary ability. More and more,
it's becoming the go-to visa for makers and entrepreneurs, since there are few
other US immigration alternatives at present.

Look forward to seeing you there. AMA!

[http://visabuilder.com/blog/ama](http://visabuilder.com/blog/ama)

------
user-on1
Hi Peter,

Can an individual on H1B

\- Volunteer for a non profit organization \- Mentor an individual assigned by
non profit organization in studies like maths, computer science etc,. or extra
curricular activities like drawing, coding hackathons, tennis etc,. \- Help in
fundraising for a non profit.

Kindly advice.

Thanks.

~~~
proberts
I don't see any issue as long as there's no compensation for this, no quid pro
quo.

~~~
user-on1
Ok thank you, that is a good news. If i support a non profit in raising 1
Million Dollars can i add that in my resume saying "Supported a Non Profit
Organization In Fund Raising Nearly 1 Million Dollars"? or will this raise
some flags?

~~~
proberts
I also think that that's fine.

------
gtirloni
Everything I read about US immigration seems to indicate it's next to
impossible and unless I'm some kind of mythical "10x developer", companies
wouldn't bother with the visa process. Is that accurate?

I have friends actively avoiding applying to US companies because they think
getting a visa is impossible. What should I tell them? Is there a type of visa
that's more friendly to foreign engineers?

~~~
proberts
Your right, unfortunately it's tough unless one is from a country with a
specific visa (such as Australia, Canada, or Mexico) or is being transferred
on an L-1 visa to a related entity in the US.

------
tombert
What is the best path for my wife, who was brought here illegally when she was
8 and is here semi-legally because of DACA, to go about getting a green card
and/or citizenship? I am personally a US citizen.

~~~
donohoe
I was an illegal immigrant for a few years and when I got married (to a US
citizen) we went through the normal green-card application path with a waiver.

(I think this is current but plz double-check: [http://www.nolo.com/legal-
encyclopedia/when-is-waiver-inadmi...](http://www.nolo.com/legal-
encyclopedia/when-is-waiver-inadmissibility-available-green-card-
applicant.html))

That was in 2003 so I understand the process might have changed. However I
don't believe it has changed that much. It was pretty straight-forward (all
things considered - some lost paperwork and redoing of fingerprints). I choose
to continue on the citizenship path one a baby was on the way and that too
wasn't hard.

There are a number of non-profits that help advise in this area. I would
recommend contacting EIIC ( [https://eiic.org/](https://eiic.org/) ) who
helped me navigate the paperwork.

~~~
donohoe
Just adding, based on comments in the parent thread, that maybe it was
'Advanced Parole' that I got.

During my process I did NOT need to leave the country and submit paperwork
from abroad or anything like that.

------
kentosi
Hi Peter, Australian here on an E3 that's converting to an H1B.

Can I have side-income via blogging ad revenue, youtube ad revenue/etc, so
long as it's only earning Australian dollars into an Australian bank account?

I know I'm not allowed to have any other income, but I assumed that was only
for the US.

Thanks in advance!

~~~
proberts
Not really, unfortunately, but it's confusing because US immigration law
hasn't caught up with remote employment.

~~~
anarazel
Is it possible to have an Australian LLC equivalent or somesuch that collects
the payments?

~~~
vincentmarle
I looked into this recently and if you own a foreign company (aka CFC:
Controlled Foreign Corporation) you _have_ to report that to the IRS. And once
the IRS knows, then presumably the USCIS will find out as well.

~~~
anarazel
Right, you've to report it. But the question is if that's actually against the
rules - it's not entirely clear to me. I'm personally lucky enough to now have
a greencard so I don't have to worry about it anymore...

------
0rgh0
Hi Peter, Appreciate your taking the time to do this. I'm on an L1-B currently
with a software product firm, and have been researching ways to move towards
an EB1C application for a Green card. My position in the company, in terms of
"job level" is at par with Engineering Management. I've been in this role
prior to my move to the US and am in line for a promotion here. However, my
job description does not involve "hire and fire" capabilities or people
reporting directly into me. I lead a functional area and engineering teams
within it. Does this then qualify me for an L1B to EB1C application or is this
very unlikely? What would your suggestion be in my case? My company qualifies
for all other requirements for the EB1C.

~~~
proberts
It's not a non-starter but the absence of direct reports would need to be
overcome by a strong showing of indirect reports and a high degree of
independent discretionary decision-making with respect to the function that
you manage.

~~~
0rgh0
Thanks, that helps. For evidence of "high degree of independent discretionary
decision-making", are certified notes from the company's senior executives and
HR considered admissible? It sounds like this would be something that can
warrant very strong justification.

~~~
proberts
Yes, statements from management regarding responsibilities as well as copies
of performance evaluations if available and helpful would support this.

------
projectramo
Can you outline the big changes that have happened over the past year?

Has the H-1B cap lowered? If it still gets booked up within a week, what
options do people have?

It sounds like the cap is pushing people to other categories like the O-1 and
the EB-1 (if they can afford it).

~~~
proberts
There really haven't been any changes to the H-1B program other than an
increase in site visits to ensure that the employee and company exist and that
the employee is doing what he or she is supposed to be doing. The cap still
exists and is still getting filled up within a week so individuals must look
at other options, such as the O-1 or green card, unless they are from a
country with its own visa classification, such as Australia, Canada, and
Mexico (and Chile and Singapore to a lesser degree).

~~~
funkaster
Hi Peter, could you please elaborate on the "lesser degree" for Chile &
Singapore? I'm Chilean and currently under h1b1 and AFAIR it was a relatively
painless process: from our side it took about one-two weeks and it was open
window with its own cap. Has this changed recently?

~~~
proberts
Probably a bad choice words. I simply used that term because the H-1B1 is a
subset of the H-1B. But you're right, it tends to be a very quick and easy
process. The only challenge can be in the renewal context since an applicant
must be able to demonstrate his or her intent to return home.

------
marlonmisra
Hi Peter, What are your thoughts on going directly from TN to Green Card via
EB1/2/3, without going to H1B first?

------
wxc123
Hi Peter!

I am an software engineer in a French startup that will be participating in an
accelerator in the US for a couple of months.

I am from an african country so I need a visa to travel to the US. Also, I am
en employee, not a co-founder, and I don't have any shares or stock in the
company. Also, I will continue being employed and paid by the French company.

What visa should I apply for ?

I did a lot of research and I think I should apply for a B1 visa. But since it
is not supposed to cover "productive work", I am not sure 100%.

~~~
proberts
The B-1 is probably the best option but you are right, you are not allowed to
engage in productive work while in the U.S. in B-1 status. I would recommend
that you consult with the incubator's immigration attorney because these can
be tough/problematic visa applications.

~~~
wxc123
Thanks for your helpful answer.

Does that mean that I should not be doing any programming during my stay in
the US ? I am the only software developer working on the product, so that may
be a little inconvenient for us.

~~~
proberts
This is something that you should speak about with an attorney because while
you don't want to cross any lines, the specifics really do matter.

------
Vrniles
Hey Peter,

Thank you for taking the time to answer questions.

I am a Canadian looking to work full time in the US and was hoping to obtain a
TN visa.

What would be the best possible way to achieve this.

Would it be better for me to first find a company interested in sponsoring me?
I feel this would be ideal but may cause potential friction as it is more work
on the employer.

Or would it be better to apply with an immigration lawyer such as your self?
If so how much does something like this cost and how long does it take?

Sorry for the long winded question and thanks for your help!

~~~
proberts
I would probably get your background evaluated by an attorney to see if a TN
is even an option (a quick process) and then look for work armed with the
knowledge that a TN is possible.

------
throwaway50000
I am a foreigner that wants to work in a US company, however H1B's quotas have
been hit.

For the O-1 visa, i dont have meaningful contributions to software engineering
but I have been exceptional in a sports related field(with meaningful
community contributions, international representation, etc). Is the O-1 a
possibility for me even though I would enter as a software engineer?

Otherwise, is it common to get another kind of visa for a first time job-entry
in the US?

~~~
proberts
Your area of extraordinary ability for O-1 purposes needs to be related to the
work you are going to do in the US so unless you somehow are going to work in
sports, an O-1 might be tough.

------
ninjakeyboard
Thanks so much! Not sure if off topic but related: I'm a canadian trying to
figure out how to provide services to the US market. For people entering on
TN-1A or similar, how has the trump administration changed the process? I
don't have a comp-sci background. If I do pure consulting (no code) is it
feasible to go in under a T1? I make > 200k/year - I think the lowest limit
was doubled to 160k?

~~~
proberts
There's no question that it's tougher to get a TN now than in the past but
this trend has been going on for several years. Regarding the specific TN
occupation, I would need to know more about your background.

------
buremba
Hey Peter, I'm a 25 year old founder who started a company right after the
college. I started the company via Stripe Atlas in Delaware and recently moved
from Turkey to San Francisco. Now we're in Batch21 of 500Startups and plan to
stay here for the next year. I have B1 visa right now and looking for ways to
extend it in order to be able to stay here.

1\. 500Startups invests $150K similar to YC and since I only have a single
company incorporated in USA the investor visa doesn't seem applicable to me.

2\. Getting an O1 visa is also may not be easy because I just got my
undergraduate degree from the university and my only success story is the
company that I have right now.

3\. A few attorney suggested me to apply for an MBA program but it's expensive
in San Francisco and I don't have enough time for that.

So what are my options right now? I was waiting for the startup visa that will
go into effect on July 17 but it looks like Trump might kill it. I feed
desperate right now since I really believe that I should stay here because our
potential customer base is in SF and our growth rate can be much higher if we
can live here.

------
arikr
If a HN reader wanted to dedicate a few years of their life to making USCIS
more friendly to immigrants - particularly to making the border agents focused
on user experience and making people feel welcome even if they have issues
with their Visa or similar things - how would one go about this?

I suppose the question is - who is the person who decides all of this stuff
and has the authority to update the staff?

~~~
proberts
In fairness to CBP, not all is aboveboard and rosy at the border but at the
end of the day, it's individual officers and their supervisors who make
decisions regarding admissibility although they are guided of course by the
overall directive from DHS and the administration.

------
y248zhao
Hi Peter,

Thanks for the AMA, it is extremely helpful.

I am a Canadian citizen looking to Incorporate a c-corp in US and move to the
bay area in the near future to work on the business. What is the best route to
take with regards to visa. The company will be based out of the bay area.

Background: I graduated from University of Waterloo last year and have worked
in the bay area previously on TN visa.

~~~
proberts
As a general rule, CBP and USCIS will not approve TNs for founders or owners
of the sponsoring employer so your options would be an E-2 (based on an
investment) or O-1.

~~~
y248zhao
Hi Peter,

A follow up question for the E-2 Visa option. Am i correct in saying, as long
as 50% of U.S business is Canadian owned, myself as well as other Canadian
citizens can qualify as E-2 essential employees.

~~~
proberts
And if there is a substantial investment by Canadian citizens or Canadian-
owned companies in the US company.

------
sthada02
Im on an H1B and hoping to get my employer to sponsor me for a green card when
my 6 year H1B term is up (2020). Are there benefits having already worked for
this employer, or will the green card application be the exact same as if
filing for a foreign national who wasn't already working at the company?

~~~
proberts
It's generally helpful to be currently employed by the sponsoring company but
the amount of time with that company has little bearing on the success.

~~~
tucaz
As a follow-up to this question, Peter, is there a need to wait for the H1B
VISA to be over or could the employer start the GC process right away?

~~~
pm90
They can definitely start it right away. There is no need to wait.

~~~
proberts
In fact, it's better to start the GC process at least 1-2 years before the
6-year max-out date to account for any delays or problems in the process.

------
nopinsight
What are the major differences between the standards and the amount of time it
takes to get O-1 vs EB-2 with NIW?

Would it make more sense to target O-1 or EB-2 with NIW for a non-PhD founder
with US Masters degree who does not have published research papers but have
created innovative products with buzzes in the news?

~~~
proberts
I would need to see the specifics to evaluate the chances but essentially
where one or two publications might be sufficient for O-1, more are needed for
EB1A. But to be clear, a PhD is absolutely not required for an EB1A or NIW
green card. It's more what a PhD typically signifies, publications,
presentations, and original work.

------
Sukotto
Hi Peter

I'm late to the party. Posting on the off chance that you are still around.
Any reply appreciated, even a couple of words.

Question:

How should I think about entering the US and gaining permission to work?

Background:

Canadian citizen, married to a (naturalized) US citizen (10+ years, kids), and
am the breadwinner in our family.

Worked on System Analyst TN1 for 5+ years, switched to H1B until the renewals
ran out, then back to TN1.

Moved out of the US in 2012, now living in Japan.

We're considering to move back but don't have a clear idea of what doors are
open and which one to aim for.

TN work permission seems unlikely because I've had so many of them and hard to
argue "temporary" when I have a US wife and kids. Greencard, on the other hand
seems unlikely because they disregard my current income and earning potential
and want my wife to prove she can support me. What is the smart approach?

~~~
tsuyoshi
Your wife could move to the US, get even a minimum wage job, and sponsor you
for an IR-1. This would require living apart for probably at least a year.

Or, if she has any family or friends in the US, they can sponsor you. This is
what I did for my wife's visa - my brother sponsored her.

Or, if you have some savings, you can use that instead of income. Savings
counts 1/3 as much as income.

Or... you really should not go to the US on the visa waiver program with the
intention of filing for adjustment of status after arriving. But, if you do
enter the US without that intention, you can then file for adjustment of
status.

I would not bother filing for any other type of visa, personally. Permanent
residence will, among other things, make the job search easier.

~~~
Sukotto
Thank you for your suggestion tsuyoshi.

------
Spooky23
Are there any pitfalls in the current political environment for a US citizen
entitled to Irish citizenship via foreign birth registration taking advantage
of that to work in Europe?

More worried about trouble associated with traveling or otherwise using the EU
passport than tax or employment issues.

~~~
proberts
I don't see any downside to dual citizenship and when you travel to third
countries, you can travel on either passport (that's up to you) - but when you
travel to the US, you must use your US passport and your Irish passport when
you travel to Ireland.

------
deviarte
Hi Roberts, thank you so much for taking the time for an AMA.

Dutch Citizen, exploring possibilities of moving to the US. Employed as
executive at a US based company.

My research shows me that L1-A might be the most viable option for me, are
they still very hard to get?

Most other options takes years to get a green card (except EB-*)

~~~
proberts
The L-1A for managers and executives and the corresponding multinational
manager or executive green card category are still very good options (and
appear to be good options for you) although the processing of multinational
manager or executive green card applications has slowed down considerable over
the past 1-2 years.

~~~
deviarte
Thank you! Would you say that i should take into account a 1 year processing
time?

~~~
proberts
For the green card yes but an L-1 can be very fast.

------
cosureshe
Hi Peter,

I have a question about EB2-NIW (or EB1-NIW). * I'm a recent PhD graduate in
Electrical Engineering with a focus on defense related projects. * I do not
have any peer reviewed publications, but several conference publications. * I
have several nationally acclaimed fellowships from national labs and federal
organizations. * Currently, I have an offer that will set me up as a post doc
in a completely different field (from engineering to education) with a very
high probability of 5 peer reviewed publications in average impact journals
within a year.

Should I wait to publish those papers to apply for EB2-NIW? Or should I go
ahead and apply for EB2-NIW right now? Will the fact that I've published peer
reviewed papers in a different field affect the application?

~~~
proberts
That's a tough one. I'm not a big fan of NIWs anymore. I'd need to review your
entire background but my gut is to go the EB1A route after your 5 peer-
reviewed publications. I assume that there must be some connection between
your EE work/background and your career in education. Is it STEM education?

~~~
cosureshe
It is STEM Education. I'm form India, which makes an EB2 route exceptionally
long. Good to hear that EB1A is a possibility. Regarding the publications, do
I need to wait for them to garner citations? or am I good to go as soon as I
have them published?

~~~
proberts
Citations are helpful - more in support of the original contribution criterion
- but not required.

------
marlonmisra
Hi Peter, If you're on H1B and quit your job to do a startup (using O1 or E2
or another visa), and the startup doesn't work out, do you need to pass the
lottery again if you need another H1B for a new employer? Any way to skip the
lottery the second time?

~~~
proberts
No, you shouldn't have to go through the lottery again.

------
ma2rten
Two questions:

1\. What is generally the best options for current H1B holders to start their
own company?

2\. Do you foresee any imminent changes in immigration policy, given the
current political climate? I know this is not strictly a legal question, but I
think it's a question many people have.

~~~
dirkdk
as a former founder, I can tell you that much that you cannot work for the
company you founded on an H1B visa. You can found the company, but not be
employed by it. You will need another visa like the O1 or E2 investor visa.

For an H1B you need to be fireable, i.e. have a board of directors that can
fire you as a CEO. Otherwise USCIS will argue that you started the company to
get yourself an H1b visa

~~~
maerF0x0
Could it be done concurrently? IE Found and work on a project whilst employed
by the H1B company?

~~~
ma2rten
No.

------
spacejockeys
Peter - thank you for doing this!

For founders that have non-citizen employees: What is the best approach for
assessing the risk that Trump's travel ban and/or immigration restrictions
will affect your team? How much should one worry about the team's dependents
(spouse, kids, parents) either because your team member is affected, or
because they are independently affected? (eg, a US citizen employee is married
to a non-citizen.) What are the key risks of new policies? If we have folks on
different kinds of visas, are some "safer" than others? Any guidelines that
founders should put in place in order to avoid risks created by new policies?

Thanks for help, there is a lot of FUD on this topic.

~~~
proberts
That's a complicated, fluid, and fact-specific question. Unfortunately, given
what's at stake, you should retain an attorney to analyze the issues and risks
and come up with some type of plan/solution.

------
ForrestN
Hi Peter,

From your perspective, how related is tech immigration policy to broader
immigration policy? Does pushing for better access for well educated,
successful people help or hurt the broader plight of people wishing to enter
the United States? Is there any relationship between the sorts of questions
people are asking here and policy around refugees, for example, or are these
subjects completely unrelated? Can members of the tech community who are
pressing to make it easier for (relatively) privileged people entering the
U.S. be confident that that their lobbying isn't inadvertently disadvantaging
other less fortunate immigrants and would-be immigrants?

Thank you for taking so much time for us!

------
johmathe
Hi Peter, thank you so much for doing this.

I have a question related to the Green Card process with EB2/NIW and
simultaneous O1 visa.

Say, someone is on an O1 that is expiring in August 2017. That person also has
a Green Card EB2-NIW process ongoing: i140 accepted in December 2016, the NVC
immigration visa process is currently on hold, waiting for acceptation of a
G28.

Can the O1 visa be extended or can someone apply for another non-immigrant
visa while waiting for the immigration visa / Green Card?

How long do you think it would take to get the G28 accepted (it has been 3
months now), and to get the Green card in this way, given the current
situation?

How long do you think it would take to be granted an extension of an O1 visa?

Thank you very much.

------
d33wp41n
Hi Peter! I had a question about H1-B visas. I was approved for a H1-B in the
April, 2014 lottery and received my I-797 approval notice. But I never
activated it since I changed jobs to work for an international organization
under the G-4 visa in September, 2014. I'm now looking to go back onto the
H1-B visa with a new employer. Would I need to go back and ask my new employer
to apply for my H1-B in the lottery again? Or would it be possible for my new
employer to transfer my previously approved H1-B petition?

Also, if it is possible to transfer the old visa, is there any time limit on
its validity before I'd need to go back and apply via the lottery again?

Thanks!

~~~
proberts
As a general rule, USCIS's position is that you would need to go into the
lottery again.

~~~
hakcermani
Thanks Peter. Would it be even worth applying for a transfer, and take a
chance ?

~~~
proberts
That's really a personal decision but there's high risk that you'll have a
problem.

------
nedwin
Just wanted to say thanks for doing this.

Peter has been an awesome partner to work with on immigration issues in my
last company - and we had a lot of challenges* - and even casual advice for
myself over the years.

Thank you!

*one founder without a tertiary qualification, one kiwi founder

------
danfo
Hi Peter, thanks for your time! I'm an Australian currently looking for web
development work (on E-3). I have a Bachelor of Design (Visual Communication)
and 10 years dev experience.

If the job I apply for requires a 'Bachelor of Computer Science or equivalent'
and they hire me based on experience, is it OK that my bachelor's isn't
CompSci, to satisfy the E-3 requirements?

Is it better if the job listing requires just 'A Bachelor degree'?

Is it better if the job is front-end/UI related, where my degree is more
relevant?

A recruiting manager for a large company had no problem with my E-3
elligibility, but from further reading I'm not so sure. Thanks!

------
on_and_off
Could you elaborate on these misconceptions about the standards for
extraordinary ability for O-1 ?

I almost tried to get a O-1 but I was admitted in the H1B lottery.

The criteria are indeed very opaque and you can read very conflicting accounts
on HN and elsewhere.

~~~
kobeya
Pretty much anyone with a Ph.D, core contributor to a major open source
project, inventor of record on multiple patents, speaker at conferences, OR
otherwise able to demonstrate that s/he is an expert in their field can get
admitted on an O-1 visa, if they have good legal representation.

~~~
leventov
Could you elaborate on "core contributor to a major open source project"? Do
you know examples of that?

I'm a relatively core contributor of druid.io project, struggling to get a
touristic visa (2 failed attempts).

~~~
kobeya
Well for example I know someone that was able to get an O-1 visa on the basis
of being the expert on a piece of technology because he had for years been a
major contributor to a business critical open source project. It's not enough
to just point to github though, as your lawyer will tell you, you need
prominent business people to vouch for your credentials. They are used to
doing this though, if your company has the right connections.

------
danajp
Hey Peter, thanks for doing this! Two questions: (1) I had an H1B visa that
was awarded starting with Oct 2011. However, I ended up never using it because
I decided to stay in Europe. I have come back to the US in 2015 to get a
2-year MBA from a top 5 school and am considering applying for the H1B again
in April of next year. Does this mean that I can only have the H1B for 3
years? What happens after 3 years? (2) I probably will never stay in the US if
my husband cannot come and work here with me. Could you please confirm whether
or not the spouses of H1Bs are allowed to work?

Thanks so much!

~~~
proberts
You should be able to get the full 6 years in H-1B status and H-4 spouses
cannot work as H-4 spouses unless the H-1B principal has an approved I-140
petition.

~~~
danajp
Thanks! Is it hard to get the I-140 petition? How long does it take?

~~~
proberts
It depends on the path taken but it can take up to a year or longer.

------
desdiv
Do L-1A/L-1B visa have minimum stay requirements?

As in, if someone is granted a L-1A/L-1B visa, but their job requires them to
be physically present in the US 30% of the time and 70% elsewhere, could their
visa be revoked?

~~~
proberts
The short answer is no. As long as the job is U.S. based, extensive travel
outside should have no bearing on the continued validity of his L-1 visa.

------
ignawin
Hi Peter,

my SO is going to the US to pursue her PhDs. She's on the F1 visa, so even as
her spouse I would not be able to work there on F2 visa (if I understood it
correctly). I am finishing my masters next June, currently working full time.
Is it realistic for me to expect to get H1B as someone with only master degree
and 18months full time work experience? Is the $130k/y limitation coming to
force any time soon? Is EB1A something I should look more into?

I just started looking more into US visa, apologies if my questions are too
naive. Thanks a lot for your input.

~~~
saurabhpala
I have seen a lot of folks like you who come on F2 and manage to get a job. If
your experience is relevant to your field you will find a job but you have to
display a certain level of skills to get one. All the best

------
0xfaded
Hi Peter,

I'm an Australian planning to set up an Australian LLC equivalent for one of
my side projects. In the near term I'm not planning to raise investment or
hire employees, I just want to start working on this project full time.

I would also like to leave my options open. I believe that by establishing a
company-employee relationship between myself and the company, I can make
myself eligible for an L1 or B1 in lieu of H1B in the future.

Is it worth establishing this relationship, and if so what steps should I
take? So far I only plan to pay myself a nominal salary.

Thank you

------
Vepe
I'm a photography artist and have recently become also a tech start-up
entrepreneur. We're now looking into moving into the US within the next year
or so and I'm looking into the visa options. What would be the visa to apply
as an start-up entrepeneur? I have also considered applying for the O-1 visa
as an artist. Can I work as an artist if I have received my visa on the basis
of the start-up and vice versa can I work in a tech start-up with an artist
visa O-1? I am from the EU.

~~~
proberts
You might have multiple options such as an E-2 and an O-1 or even EB1A green
card. Regarding your job flexibility, this will depend on the facts, how your
job duties are defined, because you are broadly limited to doing what is
represented in the O-1 petition.

~~~
Vepe
Hi Peter and thank you very much! How strictly is the job duty limitation
enforced and does it allow occasional exceptions that would be outside the job
duty definition? Is having a wide job duty definition a hindrance for getting
a visa?

~~~
proberts
Again, this is hard to answer in the abstract but for example, I see no issue
with someone, who is an artist, getting an O-1 as an entrepreneur but as part
of his or her job duties, doing artwork - but the artwork needs to be for the
US company in your capacity as an employee of that company.

------
watterso
Do H1B visas granted outside the cap to employees of universities or
nonprofits differ greatly from those granted to employees subject to the H1B
cap?

I seem to remember reading that an H1B visa granted outside the cap could not
be used for working for a company subject to the cap, you would have to
reapply and be subject to the lottery. Which makes me nervous about green
cards.

Could someone with an H1B and working for a university still apply for a green
card? Or are H1B's granted for university/nonprofit work not eligible?

Thanks!

~~~
proberts
That's right, H-1Bs for certain nonprofits (cap-exempt entities) are not
subject to the annual lottery/quota but if one wants to move from a cap-exempt
H-1B to an H-1B with a cap-subject company, then one needs to go through the
lottery. However, part-time concurrent H-1B employment with a cap-subject
company is allowed. There is no restriction on pursuing a green card if one is
working for a cap-exempt entity.

~~~
watterso
Awesome, thanks for the reply!

------
uxhacker
A friend was turned down for a B-1 visa, as they said that she did not provide
enough evidence that she was settled in Budapest. She applied under B-1 as she
was attending a 3 day conference inside a 3 week holiday.

She is from an ex-soviet state but was working for a major US investment bank
at the time as a programer. She earns way above the local salary, but does
rent an apartment, rather than own one. She was only 23 at the time.

What should she do next she time she applies? Or is it even worth her applying
again?

~~~
proberts
It's almost always worth reapplying and (this is not to generate business for
me or any other immigration attorney) given the denial, she should hire an
immigration attorney so that she's well prepared for the interview.

------
oli5679
Hi, I'm in the U.K. I work as an economist and am really interested in
programming (reasonable component of my job, have made a couple of cool side
projects and completed some online courses and programming challenges). Is it
possible for me to use a Computer Science masters to find a full time
programming/analytics job in the US, and if so what do I need to do to get in
to the best program possible, given ba was in economics?

------
tanishagarwal
Hey Peter, Appreciate your taking the time to do this. I am 21 year old and I
have done a course on photography from India. Now am getting internship
opportunity in Chicago for 4-6 Months. I was wondering if you can suggest me
the best way to enter U.S. and do this internship. My only reason to come to
U.S. is to learn and intern under the photographer. Which will be the best way
for the same? Thanks in advance.

------
tastartup
Thanks for doing this Peter.

I am from India I filed for 485 through EB2 and I currently have an EAD when
the priority date moved a while ago. The priority date has since receded and
will be a few years before I can get my Greencard though.

I am currently working on my EAD and would like to start a startup and will be
self employed very soon. Is this ok when my priority date becomes current.. Do
you see any issues with my Greencard getting approved ?

Thanks !

~~~
proberts
Again, as noted above, to be able to port your green card application, your
new employment needs to be in the same or similar occupation as your previous
employment.

------
throwawayeb2
Hi Peter, I am currently on EAD/AP (Country of Chargeability: India, EB2,
dependent applicant) awaiting AOS. It seems it will take another 4 to 5 years
for my PD to be current and visa numbers to be available.

I have a startup and we have couple of paying clients. If we decide to setup a
India office it is possible to transfer myself to the india subsidiary and get
myself transfer back on Eb1 (Multi national executive).

~~~
proberts
Yes but you would need to have worked outside for the Indian company for at
least one year and both the US and Indian companies would need to have some
employees and be actively operating,

------
on_and_off
Are there been changes in the H1B process since last year ?

I was lucky enough to pass the lottery step .. but since then .. nothing.
Apparently this is supposed to be normal but it is a bit infuriating that the
process is that long and opaque.

Are there any classic potential hurdles in the H1B process for a well paid
legitimate engineering job ? Or is it just a waiting game until the american
government finally examines the dossier ?

~~~
proberts
Are you saying that the petition was selected in the lottery but you haven't
heard yet whether it has been approved? If so, USCIS is now starting to review
and approve cap-subject petitions so you should hear soon.

~~~
on_and_off
Thanks for the reply !

Yeah that's what I mean. I guess I just need to wait a little bit more ^^

~~~
proberts
I think so but I'd follow up with the company if you haven't heard by the end
of July.

~~~
on_and_off
Thanks, will do !

------
calvinbhai
Hi Peter, thanks for doing this AMA. I'm from India. Have used all 6 years of
H1b, including the recapture time, and back on F1 visa status with pending CoS
(second masters degree in US). I'm working on a few startup ideas, mostly
based on Apps. I was hoping for IER, but that seems to be in a limbo.

What are the chances for a founder of a yet to be funded startup to get EB1A?
or would you suggest O-1?

~~~
proberts
Again, it's hard to say in the abstract but as a general rule, an interim O-1
makes more sense since this allows you to build up your company and then use
the company's success for your EB1A application.

~~~
calvinbhai
Thanks for that info! is this the correct website
[http://www.robertsimmigration.com](http://www.robertsimmigration.com) ?

~~~
proberts
Yes but my website is awful!

------
hvmonk
Thanks for the AMA Peter. My question is about premium processing of H1 visa.
With premium processing halted, change of employer would have to go to regular
H1 processing - which is a matter of months. What is your advise on employment
transfer - one should wait till premium processing is resumed, or start
working as soon as transfer receipt is obtained, or any other option/advice?

~~~
proberts
First of all, even without premium processing, H-1B petitions are getting
approved relatively quickly (1-2 months). But if it's a solid H-1B petition,
then there's really little risk to "port" after the petition has been
received.

~~~
hvmonk
Thanks Peter!

------
meIias
I have an someone at work who is currently in the process of applying for a
greencard renewal (f48 I think). They sent out their application nearly a year
ago now and are still waiting for the result.

Is this cause for concern? Should they hire an immigration lawyer? Is there a
chance for them to be denied even though they've been here over a decade as a
productive, law-abiding member of society?

~~~
proberts
Yes, if it were me, I'd have someone look at this to make sure that there are
no issues, just delays.

------
pcrate
hey peter, Am living in the US (BayArea) on H1-B and my Green Card has just
started - literally just started by submitting the documents via the
employer's attorneys. If I want to start my start up, what are my options ? As
a single founder ? As a co founder ? Should I be employed in my own company
giving myself salary ? And is starting a company while on H1B even possible ?

------
exabrial
What percentage of and how many YC companies/startups are affected by the
travel ban from Iran, Libya, Syria, Somalia, Sudan, and Yemen?

~~~
proberts
That's not something that I can comment on.

~~~
exabrial
Darn. No worries. I was hoping to hear something authoritative on that.
There's a _lot_ of sensationalism in the news around the ban, but not a lot of
hard facts.

------
alvarosevilla95
Hi, I'm a software developer with 9 months experience in a big company with a
b.s. In computer science from a top European school.

It seems impossible to get into the US at the moment, and my few attempts have
failed. What should my expectations be in terms of getting a good company to
accept to sponsor a visa in the current circumstances? Thank you very much for
your AMA.

~~~
Jhsto
Have you tried J1?

~~~
alvarosevilla95
I am not familiar with this visa, but if I understand correctly it's aimed at
students who require US entrance to complete their education, is intended for
'short' periods and you must return to your home country for two years before
being able to apply for an inmigration visa.

This raises two issues: as a graduate, it would be hard to justify this visa
unless I went to the US for a graduate degree, and it would not allow me to
start long term career.

I would love to hear your thoughts about this, and thank you for your reply!

~~~
Jhsto
J1 is for internships. It is known to be exploited in white-collar work such
as programming though. What this means is that you can get paid the normal sum
and are treated (unless a shitty workplace) equally despite the visa
implications.

You have a year or two (if I recall) of time to apply for a J1 once you have
graduated. You don't study while on a J1.

And yes, J1 can be approved from 3 to 18 months. It's not a long time, but
depending on what your goals are (if 95 in your name stands for year of birth,
you are young, maybe just to experience the valley) then it might suit you.

I know people who have got H1Bs, O1s and L1s after J1. I'm not sure what the
process is like, but AFAIK it includes some lawyering because J1 is a non-
intent visa.

edit: I forgot to mention that the two year home residency requirement does
not apply to you if you pay for your trip yourself. Only if you use government
funding during your stay will you be applicable. Although I've heard that
residents of certain countries can have the ban waived if needed. Not sure is
that right though.

And to clarify, I'm no lawyer, but someone who was on J1 in the valley a year
ago.

------
throwawayl1visa
Hi Peter, I'm working with a L1B visa in US right now and will get an H1B
approved soon. My employer filed H1B for me and will hold it for a couple of
years without activating it until my L1B visa expires. The company is doing
this so that I cannot change job. If I get an offer from a startup or Google
will they be able to activate my H1B somehow?

~~~
proberts
That doesn't sound right but it's likely that USCIS will consider you as
subject to the lottery again because you never activated the H-1B.

~~~
throwawayl1visa
Thank you Peter. If I go through the lottery again I may have 35% chance to
get a new H1B and use it after Oct. 2018. Many companies wanted to hire me
could not wait till then. I'm considering to get legal help to activate the
H1B I'm going to get very soon.

~~~
proberts
That makes good sense.

------
vs2370
Thanks Peter for doing this. I have a question regarding the EB1A category. I
recently received my I140 under EB2 category. I was wondering if I can apply
for another I140 under EB1A category. My question is if I get rejected under
EB1A do I keep my existing priority date (EB2) ? Also what are the chances of
getting approval on EB2 to EB1? Thanks

~~~
proberts
Yes, you can file another (EB1A) I-140 petition and it's denial would have no
bearing on your already-approved EB2 I-140 petition and priority date.
Regarding your chances of success, it's impossible to say without knowing your
background.

------
hooliengentwbee
Hi Peter,

I am currently working for Hooli and I am awaiting AOS (with an approved
I-140), but want to start my own startup. Is it really safe for me if my AOS
is still pending for 180 days? How hard is it to show a startup CEO job (with
potentially 0 salary) is similar to a Software Engineer job with a few hundred
$ks?

Should I wait to get my actual green card and then quit?

~~~
dingdongding
Hooli? Are you kidding me

~~~
proberts
I;m not sure that I understand. What's your follow-up question/concern?

~~~
sah2ed
Hooli is the fictional company from the show Silicon Valley.

Perhaps the company name the questioner meant to write got autocorrected but
their username also contains "hooli" so I guess it's use is deliberate.

------
gaurav_garg_
Hi peter,

Thanks for your AMA, I have one question. I am currently software professional
in IT company in Germany. I have few plans for opening startup. After getting
funding from US investor how much time it take to get O-1 VISA. What is major
requirement for getting O-1 visa.

What if my startup fail. Can i continue to work in any other company like
startup/MNC ?

Thanks in advance :)

~~~
proberts
It's impossible to assess chances in the abstract but from the time of filing
an O-1 petition with USCIS until the issuance of the O-1 visa by a Consulate
can be as little as 4 weeks (assuming no issues with the petition). The
preparation time is hard to say but typically (depending on the facts of
course) it is can be as little as 4 weeks and as much as 12 weeks.

------
ivl
Hi Peter, thanks for this AMA.

Just because the information isn't perfectly clear: how long can a green card
be renewed for? I got mine a couple years ago, but I have to wonder how long
it gives me to stay in the states beyond the 10 year term on the card. Is it
really 'permanent' or does the renewal problem have any challenges?

~~~
proberts
It's really permanent unless one commits certain crimes or lives abroad for an
extended period of time without taking certain protective steps beforehand.

~~~
flexie
if you have stayed abroad for a few years, and you wish to stay abroad and you
don't mind losing the greencard, do you have to file anything to renounce it
or is it enough that you just 'overstayed' abroad?

~~~
proberts
There's no requirement of a formal renunciation but from a tax liability
standpoint, this sometimes make sense since you end up drawing a line in the
sand.

~~~
flexie
Thanks!

------
_a1
Hi Peter, thank you for the AMA.

If an H1B visa application got accepted for a start date in October 2017, how
long after this start date would the person still be able to come to the US to
work and still claim the visa? Does the visa expire if it's unused? Can they
come a few months late (December 2017 - January 2018)?

------
JSlocum1
Hi Peter.

It is my understanding that getting a visa is a tough process. Is trying to
get a visa as a UK resident whilst having a police caution (not a conviction -
but the US doesn't have this distinction) on their record a complete non-
starter?

For the wider audience, are there any red flags that will prevent someone from
obtaining a visa?

Josh

------
thetruthseeker1
Hi Peter,

Thanks for offering to do this. According to new USCISs rules , if you are on
H1b and you were let go, you can be in the US two months to find a new job and
have your H1 transferred.

What happens if you stay say slightly over 2 months and find a job later? In
what ways can you run into trouble ?

~~~
proberts
So the 60-day grace period wouldn't apply meaning that you would have to leave
the US and then reenter to start working for your new H-1B employer. And if
this period of time after the 60-day grace period went on for a while, it
could impact your ability to get visas in the future.

------
e2visaholder
Hi on the topic of visa mobility-

I am an e2 visa holder from a mid sized company. What are the options for
moving on to my own startup? Is the green card process the quickest route? E2
doesn't allow me to work on a side business, but can I incorporate and not pay
myself a salary ?

------
ameen
Hello Peter, I'm a Grad Student with 5 years of Industry experience on a non-
immigrant visa (F1). I intent to take up residency in the U.S. after
graduating.

Is getting a job (H1 -> EB1/2/3 -> GC the only path or could I do a startup
(no huge investment)?

~~~
proberts
An H-1B as a U.S. graduate is a good option and an O-1 through your own
startup might also work but I'd need to know a lot more about your background
and potential startup.

~~~
ProblemFactory
What are the realistic "extraordinary achievement" conditions of an O-1 visa?

The information online makes it seem that it is for olympic medal, nobel prize
and oscar winners.

~~~
proberts
It's nuanced so it's hard to define but oftentimes the creation of a company
that is doing something novel is enough to support an O-1 even if the company
has limited funding or clients.

------
ChronoJustin
I have a contractor out of the Netherlands that I'd like to bring full time as
an employee to the US (we're a tech company, he does biz dev), what's the best
visa we should pursue? Any high level challenges/issues we should expect?

~~~
proberts
The options are limited to an H-1B or an O-1, both of which have challenges
issues. Is the US company US- or foreign owned?

~~~
ChronoJustin
US C corp

------
amorphid
What is the optimal way for a USA company to hire foreign remote workers? 1099
contractors?

~~~
proberts
If they remain outside, they can be employed as W-2 employees or 1099
contractors. Which option is best (meaning from a tax perspective) will depend
in part on the local rules in that country.

~~~
amorphid
It never occurred to me that hiring on a W-2 outside the country was an
option. Thanks!

------
bl4ck74ck
Hi Peter,

I am a student who just finished his Masters (F-1) and I am applying for jobs.
However, I have not yet received my work authorization from USCIS. Is it legal
for me to accept a job offer and receive any relocation/sign up bonus before
that happens?

~~~
proberts
As a general rule, there's no issue with accepting a job offer or even
receiving a signing bonus but you can't work until you receive your EAD.

------
zachperret
This isn't strictly an immigration-focused question, but I'd love to hear
about any best practices for equity grants for full-time international
employees and employees that might start internationally while waiting for
visa approval.

~~~
proberts
I'll need to defer to your HN colleagues.

------
dansman
Peter and his team are great. They really have the right experience and
sensitivity preparing visa applications for tech talent. It took for my EB1a
application 8 business days to file. I have recommended him to my friends
looking for visas.

------
chikathreesix
Hi Peter, I am planning to apply for E-2 visa but 2 concerns. 1\. I've heard
from an attorney that no one shouldn't have more than 50% of its share. What
do you think? 2\. We have raised with SAFE. Do you see any concern? Thank you!

~~~
proberts
I;m not sure that I understand. E-2s are in fact relatively easy to obtain
because the requirements are pretty clear and it's really just a matter of
checking the boxes. In short, regardless of the number of owners, the company
needs to be at least 50% owned by citizens of your country and there needs to
be a substantial investment into the company by citizens of your country.
SAFEs concern future ownership so they are not immediately relevant from an
ownership standpoint but they can of course impact future ownership and
continued E-2 qualification.

~~~
chikathreesix
This is really helpful, thank you so much!

------
kreeWall
Hi Peter! Firstly, thank you for this!

I'm on OPT (STEM extension) - i majored in actuarial science. Am I allowed to
earn money from art on this visa? Why or why not? I haven't been able to find
anything in the law stating either way.

~~~
kreeWall
I know it's outside my major, but it's technically not a job.

Backstory- I've been asked to paint something for my city, but I would be paid
one third of the auction price. Also, I've been asked to sell my art at
galleries.

------
baristaGeek
If president Trump does abolish the International Entrepreneur Rule, would the
requisite to enter the US then be get an H1B1 (get hired by your own company)
and get paid a salary that passes the new H1B minimum salary?

~~~
proberts
Self-employment isn't allowed in the H-1B or H-1B1 context. The options would
be an E-2 or an O-1 (assuming that you're not from a country that has its own
visa).

------
hjoi8783
I'm a US citizen, married to an French citizen, living in France. We are
thinking of moving back to the US. If I have an immediate job offer there, is
it possible to expedite the Green Card process for my spouse?

~~~
proberts
The short answer is no unfortunately although there may be options to get him
here in the short-term.

~~~
Natsu
I assume they'd have to do a K-2 as I'm in a not-too-different situation
myself. In that vein, any common pitfalls to watch out for with K-2 visas for
a spouse? Especially if they were previously denied a tourist visa without
even getting a chance to talk to anyone and no explanation whatsoever.

------
d--b
Hi Peter, thanks for doing this. I have a green card and am running a company
in the US. I spend most of my time in France, what are the required conditions
for me to keep the green card? The criteria seem unclear...

~~~
paulsutter
You should retain an immigration lawyer. Note that lack of clarity is more
likely to be used against what you want than for it.

------
zaatar
Thank in advance! How easy is it for a French Citizen holding a DVM (Doctor of
Veterinary Medicine - 5 year degree) to secure a H1B? Are there any other work
visa classes they would qualify for?

------
Bashmaistora
I have some questions regarding the E-2 Visa.

An early stage startup could run extremely lean in the early days so how do
you estimate a substantial investment amount?

What are some common pitfalls in the application process?

~~~
proberts
There's no legal minimum but most Consulates want to see at least $50-75k
invested (but the more, the better). And investment here - this is the main
pitfall for startups/small companies applying for E-2s - means actually
spending the money in the U.S., not simply depositing money into the U.S.
company's bank account.

------
licensekey
Hi Peter, thank you for taking your time to do it.

What is the difference between O-1 and green card in terms of requirements? If
one got O-1 does it mean (s)he can get green card next?

~~~
pinkberry1212
Good question! I'd like to know this too. O-1 holder here, how hard is it to
get a more permanent status? What are the downsides in staying on O-1?

------
brutus1213
Can a Canadian PhD computer scientist work in the US on a TN visa? Also, I've
heard that an EB1 is possible on a TN. Is this so? Any caveats to this?

------
segaman
Hi Peter, thank you for this opportunity to ask a quick question. Is it
possible obtain H1B visa while waiting for asylum interview? Thanks again!

------
marlonmisra
Hi Peter,

The International Entrepreneur Rule is expected to go into effect July 17th
2017. Do you recommend pursuing that path if you can meet the requirements?

~~~
proberts
It's a virtual certainty that it won't go into effect then - or ever.

------
deskamess
Given the long(er) times in EB1/management category for green cards, is it
better to do consular processing if you have the option?

------
amorphid
Do you help non-USA startups import talent to non-USA countries? If yes, what
country have you found is immigration the easiest?

~~~
proberts
I don't but I know good local immigration service providers in a lot of
countries if you need referrals.

------
boraturan
What do you think about startup parole? If Trump approves it, should we
consider it or go with other options. (US inc owner)

~~~
proberts
I think it's a great rule but it appears that the current administration won't
support it unfortunately so I would look at other options.

------
Nimsical
I'm on an O-1 Visa at the moment and thinking about going for a green card.
What's the best path way to do this?

~~~
proberts
As you probably know, although the criteria are nearly identical, the
standards are different, with the evidentiary standard higher for the EB1A
green card category. So I would have an attorney evaluate the O-1 petition to
see if it's strong enough to support an EB1A. Almost always, if the trajectory
of your business or work is up, it's better to wait to build up a stronger
EB1A case.

------
user-on1
Hi Peter,

If an individual has 8 years of software development experience and 7 patents,
what are his chances of getting through EB1A.

------
throwaway2915
Hi Peter, I just got an employer-sponsored green card, then got married. Is
there a way to bring my wife to the US?

------
deathtrader666
Are people of Indian origin eligible for the the EB-5 Visa?

Can two co-founders petition for each other's O-1 application?

~~~
proberts
Yes, the EB-5 green card option is available to nationals of all countries.

------
mariopt
Do citizens from countries who are covered by the ESTA Authorization have an
easier time getting a VISA?

------
jpsim
I can 100% vouch for Peter and his team. They got me my EB1A which led to my
green card. Thanks Peter!

~~~
ignawin
For someone unfamiliar with EB1A, what are the main prerequisites for this
visa type? Also what do you think that got you this visa if I may ask?

------
mehrdada
Hi Peter,

What is the estimated timeline for each of I-140 and I-485 in an average
EB2-NIW case these days?

~~~
proberts
12-15 months for the I-140 and after approval 2-6 months for the I-485.

------
cingram
Any ideas as to when the premium for skipping the H1B loterry will be
reinstated?

~~~
proberts
It should be soon, hopefully by the beginning of the new fiscal year.

------
marlonmisra
Hi Peter,

Any downside of doing the Green Card diversity lottery if one is already on a
visa?

~~~
proberts
None

------
gourou
Are startups more likely to obtain H1-B visas than bigger companies?

~~~
proberts
There's no difference in selection in the lottery (it's truly random) and in
terms of approval, it's probably slightly easier to get an H-1B through a
larger/established company since USCIS is less likely to raise certain
questions, such as the availability of work and the absence of non-qualifying
duties.

------
marlonmisra
Hi Peter,

What paths should a Canadian TN visa holder explore to start a company?

~~~
proberts
E-2 or O-1.

~~~
marlonmisra
What's the success rate of founders getting E-2's if they get funding from YC?

~~~
proberts
The success rate of E-2s in general is high but remember that the investment,
to qualify as investment in the E-2 context, must be from citizens of the same
country as the applicant so YC money and the money from any US investor is not
directly relevant in the E-2 context.

------
seshagiric
hi Peter, the Greencard EB1 category for multinational execs was once faster
but is now taking more than 1 year. Is there any other alternative?

~~~
proberts
Possibly the EB1A extraordinary ability GC or even a PERM-based GC.

------
faraz971
Chances of getting EB2 NIW?

Hi Peter, I'm a PhD candidate ...

~~~
proberts
High but I'd go the EB1A route instead.

------
miguelrochefort
\- Canadian

\- No degree

\- Software developer

\- 3 years of experience

How can I move to the US permanently?

------
atroche
Is the E3 visa at risk?

------
roserafini
TN Visa or H1B?

~~~
proberts
I'm not sure that I understand the question.

~~~
uiri
I'll piggy back on this, as a Canadian.

What are the pros and cons of each for the employer?

What are the pros and cons of each for the Canadian employee?

In practice, how many times can a TN be renewed?

~~~
proberts
Again, these are tough to answer in the abstract without knowing anything
about the company, the offered jobs, or the individuals because sometimes a TN
makes the most sense and sometimes some other visa status makes the most
sense. Theoretically, as long as a Canadian can show strong ties to Canada and
a credible intent to return home, a TN can be renewed multiple times.

------
segaman
Hi Peter, thank you for this opportunity to ask a quick question. Is it
possible obtain H1B visa while waiting for asylum interview? Thanks again!

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

I'm Canadian and have had two TNs working in the USA. Is H1B the only path to
a green card? My recruiting firm seems to think that due to my specialized
skill set and work of national significance they can fast-track me to green
card? I'm not sure what that means... is that even a thing?

Thanks!

~~~
gesman
I'm Canadian citizen entered USA using normal TN (skilled worker) in August
2015. In June 2017 all my family (wife, 20 yo son and daughter) - all got
green cards.

Lawyers for company I working for oversaw the process and tried to apply for
H1B but it was refused or something. However they used some other method and
succeeded and i think we got results pretty fast.

I think lawyers did amazing work. If you (or anyone) interested - will be
happy to give reference.

