
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA - proberts
Time for another AMA. Previous threads we&#x27;ve done: <a href="https:&#x2F;&#x2F;news.ycombinator.com&#x2F;submitted?id=proberts" rel="nofollow">https:&#x2F;&#x2F;news.ycombinator.com&#x2F;submitted?id=proberts</a>.<p>I&#x27;ll be here for the next 5 hours. As usual, there are countless possible immigration-related topics and I&#x27;ll try to respond to whatever questions you ask but as much as possible I&#x27;d like to focus on issues related to the pandemic and the corresponding travel and visa bans and suspensions, office closures, etc. Please remember that I can&#x27;t provide legal advice on specific cases for obvious liability reasons because I won&#x27;t have access to all the facts. Please stick to a factual discussion in your questions and comments and I&#x27;ll try to do the same in my answers!
======
proberts
I'm signing off now but I'll be checking in again tomorrow morning and
responding to anything I've missed or any new questions/comments. If you
posted something and I missed it, please re-post. Thanks.

------
augustus0
Hi Peter,

I work for a large tech company that has recently announced internally that
they will be putting all PERM filings on pause indefinitely. The reasons cited
are:

— The 10-day in-house job posting is of dubious quality now because there is
no one at the office to to see it (it's closed and empty because of Covid),
and they believe the Department of Labor may notice this and refuse
applications.

— Because of the current administration's outlook on immigration, they're
worried that more filings will be audited/rejected, which could lead to more
oversight on future filings for the company, making things more difficult.

They said a number of times that pausing all PERMs is a proactive measure —
there have been no issues so far, but they want to make sure there never are
any.

The basic premises seem to make sense, but it puts all of us running through
the process in a difficult position. They wouldn't give any timeline for how
long such a pause would last, but reading between the lines with office
closures, it seems that it would last at least all of 2020, and probably well
into 2021.

My question: Is what my company doing reasonable, or is it more of a situation
where they're adopting a very conservative stance to reduce their own risk
down to zero, even at the cost of putting all its employees into immigration
limbo?

Thanks!

~~~
proberts
Really both. First, your company can post the notice of filing electronically
so that's not a real issue. But yes, there's a chance that PERM filing will be
scrutinized more closely and audited and denied with greater frequency. But
that hasn't happened yet so I guess in the end I don't buy that approach. I
just don't think it makes sense to base decisions on things that might happen.

~~~
esalman
> _PERM filing will be scrutinized more closely and audited and denied with
> greater frequency. But that hasn 't happened yet_

Interesting to see you think that way.

My wife recently got her PERM application denied. The reasoning was that the
in-house job posting did not include the salary for the position. We think it
was a clerical mistake on part of the company attorney and we are trying to
move on by looking at other options.

However, last year her colleague obtained PERM with the same job posting
template. It gave us the impression that indeed the PERM filings are being
scrutinized and denied with greater frequency.

~~~
proberts
The notice of filing must include salary information.

~~~
neeleshs
Would posting this on internal Wiki & publishing the link to all employees a
reasonable alternative during COVID?

------
IWantOut_
I have a job offer from Microsoft in Vancouver and might move there after the
pandemic ends. I am Indian citizen residing in India. The main challenge
however is that I am disabled (quadriplegic) and I would be needing a
caregiver to travel with me to Canada. I understand that there used to be a
caregiver visa, for Canada, which was discontinued back in 2019.

So my question really is, is there a way in which I can bring a caregiver from
India to Canada? I know one option is to hire a caregiver from Vancouver
itself but it's really going to be difficult, because of the language barriers
and the understandings. They are an important part of my life and I cannot
function without someone who I can completely trust to live-in with.

Another option would be to take the caregiver along with me on a visitor or
tourist visa, but in that scenario, they are not allowed to work in Canada.

I am really looking for solutions here and I don't want to give up on this
amazing opportunity of migrating to one of the most amazing countries in the
world with high standard and quality of life.

~~~
proberts
I can't comment on Canadian immigration but I can share the names of some good
providers in Canada if you'd like. Just email me.

~~~
IWantOut_
Sure, that will be great. How to email you?

~~~
proberts
I believe that this can be obtained from Hacker News.

~~~
alexbanks
I am emailing you about this same topic - I just don't want it to look like
spam.

------
alexhektor
German citizen here.

Q1) What is (/are) the easiest path(s) to start a company in the US and/or
seek funding there for Europeans? How costly is it?

Q2) If there's already a company registered in Germany for example, how costly
(approximately) is the process to "register a subsidiary" in the US (required
for YC), and how would the visas work? (Would spouses be allowed and be able
to get a working permit?)

~~~
bitL
Q1) starting a LLC in Delaware/Nevada <$200, renting a P.O.Box that scans
incoming mail <$100/year. You can't start an S-Corp (but you can tax a LLC as
S-Corp) and starting a C-Corp can get very expensive (tax based on the number
of shares). Most VCs require a C-Corp. Angels might be fine with an LLC.

~~~
TameAntelope
I've always thought converting an LLC to a C-Corp is either not possible or
prohibitively expensive, even for a growing startup. Is that the case?

Also Nevada? That's new to me!

~~~
dpifke
LLC to C-Corp is easy and inexpensive.

There can be huge tax consequences of going the other way around, though.

I've been involved in several startups which enjoyed favorable tax treatment
as an LLC, and then converted to a C-Corp upon the first round of outside
financing.

------
dkochmex
Hey Peter,

Thank you so much for doing this!

Im a German citizen living in Mexico. Since I have been to Iran I no longer
qualify for ESTA and had to apply for a visa at the embassy here in Mexico
City to visit the USA. My visa has been in processing for 2y now and I have
not received any response other than "still in processing, we will be in
touch". What do you recommend? Is there anything I can do to accelerate this?
Or withdraw the application and apply from Germany?

Thanks a lot!!

~~~
brummm
Never heard about not being eligible for ESTA after having travelled to Iran.
WTF? What kind of weird rule is that?

~~~
C1sc0cat
And you did not use the two passports trick - common if you are Woking in the
middle east ?

~~~
dkochmex
2 passports only help for situations in which they really only check
entry/exit stamps in your passport. In this case, when applying for ESTA, you
explicitly have to declare that you haven't been to the above-mentioned
countries and therefore qualify. If you tick the wrong box, its quite possible
that they i) either reject your ESTA application ii) or reject entry to the
country on arrival and in both cases that significantly dampens your chances
of ever getting an ESTA/Visa again.

~~~
smnrchrds
I wouldn't be surprised if that is considered a crime punishable by
imprisonment. Would claims made in ESTA application fall under this:
[https://www.law.cornell.edu/uscode/text/18/1546](https://www.law.cornell.edu/uscode/text/18/1546)

~~~
pbhjpbhj
How would that work? Surely, if they knew you'd lied they'd refuse your visa
so you couldn't travel to USA. If they didn't know they would, possibly, give
a visa; how would they later find out you'd lied if they didn't know in the
first instance? Do they go and re-check visa applications? Do they lie and
give visas to people just so they can lock them up for falsely acquiring a
visa??

Didn't the current First Lady falsely immigrate, lying about work or
something, so it can't be that much of an issue to lie in your paperwork or
she would have gone to prison??

~~~
smnrchrds
Like almost all crimes, they wouldn't care to prosecute most people. Tax
avoidance is a crime. What percentage of people who lie on their tax returns
get prosecuted anyway?

But if you are one of the unlucky few whom they decide to prosecute, you will
have a bad time. Read the articles about Sirous Asgari. I don't have any good
articles which tells the whole saga, but use this as the starting point and
search more on the internet:
[https://www.theguardian.com/world/2020/apr/28/iran-
scientist...](https://www.theguardian.com/world/2020/apr/28/iran-scientist-us-
detention-coronavirus-sirous-asgari)

Recap of the saga:

An Iranian university professor (who had previously studied in the US and has
ties to the US) requested a US visa. It was granted. Hew was arrested as soon
as he entered the US. He was charged with wire fraud, visa fraud, and stealing
trade secrets. After a lengthy trial, 2 years later, he was cleared of any
charges and acquitted. But then ICE took him into custody because they had
revoked his visa and he was in the US without a valid visa (please note that
he had no choice in this, as he was forbidden from leaving the US while the
trial was proceeding and he was taken into custody again immediately after the
trial concluded. Real catch-22). Then he spent a couple of months in ICE
custody and his frequent requests to be sent back to Iran was denied. He got
infected with COVID-19 during this time. And finally in June, he was deported
to Iran.

And this is the case of someone who was innocent. Imagine what would have
happened if he were actually guilty. They gave him a visa so they could arrest
him and charge him with visa fraud (among other things). Even when he was
acquitted, he spent more time in jail because they retroactively revoked his
visa. And most important of all, none of this even made front page. This is
not one of those WTF cases that are so rare you might as well ignore them.
Following the news on this over the years, the tone was always "yeah, nothing
special about this case."

~~~
Natsu
Just a small nit, but tax evasion is a crime. Tax avoidance is normal and
expected.

~~~
smnrchrds
Oops. Yeah, you are right. That's what I had in mind.

------
proberts
I'll be taking a break now for about an hour. Anything I can't respond to
today I'll respond to over the weekend. Thanks.

------
ra7
Is it risky to change jobs on H1B with an I-140 approved right now? Both in
terms of H1B transfer and especially a new PERM filing since a lot of
Americans are out of jobs right now. Have you noticed or do you anticipate
PERM filings being difficult?

Thanks for doing this, Peter!

~~~
proberts
To date, because of the pandemic and job loss, I haven't seen any change in
H-1B or PERM processing (and in fact I would argue both have improved in
recent months) but it's possible - even likely - that PERM processing will be
impacted because of the job loss.

~~~
ra7
If I changed jobs and transfer went through, I’m still able to get an H1B
extension with an already approved I-140 even if the new PERM filing is
impacted, yes?

Thanks again!

~~~
proberts
Yes, that's correct.

------
proberts
I can see that I am getting a lot of questions about options to move to the
U.S. The answer is going to be very fact-specific - tied to your
background/achievements. If you would like me to assess your options, please
email me your CV.

------
dudus
My question is related to green card holders that went back home to spend
quarantine with family.

Can they lose the green card if they spend too much time abroad? How long can
they safely stay abroad before losing the GC?

For people that want to get citizenship through green card. How long before
their clock resets? How likely is the gov to understand quarantine as a good
reason to stay abroad?

~~~
proberts
Yes, it is possible to lose a green card if one spends too much time outside
the U.S. but there are steps one can take before leaving the U.S. to protect
one's green card (that is, apply for a reentry permit) and steps one can take
to reactivate a green card if stuck outside for a very long time (more than
one year) (that is, apply for a returning residence visa). There is no
exception to the reset - one year continuously outside will reset the
residence clock for naturalization purposes.

~~~
dudus
Yes but that process is very unfriendly. First you need to know you are going
to spend over 1 year abroad. Since you can only apply before you leave. Second
it takes month to approve and costs 500+ USD to apply for that permission.

If you left without the intent to stay longer than a year and had to extend
for unforeseen circumstances (say a global pandemic heavily reduced air travel
options) than you are out of luck.

For me it would be more convenient to spend 6 months abroad and then a couple
months in the US then go back and spend another 6 months abroad.

If I do that technically I'm complying with all the rules and my green card
should be safe while also not reseting my clock for citizenship. But the USCIS
seems to be a bit vague on what would happen if I did that.

~~~
techsupporter
> But the USCIS seems to be a bit vague on what would happen if I did that.

That's because the CBP officer who evaluates your request for entry on a
permanent resident visa has the discretion to say that you are "likely"
residing elsewhere and "remind"/"advise" you of the requirement to be
permanently resident inside the United States in order to keep PR status.

The six month rule is less of a rule and more of a presumption but if a CBP
officer sees a series of entry stamps all hovering around that six month mark,
the officer can make that note and the next officer might declare that you've
abandoned PR status and you'd then have to go through the process overcome
that.

~~~
dudus
That makes sense the system would be setup like that.

I'm not trying to game the system, but these are weird times. I wish USCIS was
a bit more flexible during these times to avoid unnecessary travel and let
people quarantine with family while maintaining status.

------
vishalkuo
I've anecdotally heard that it's possible to go from a TN -> Green Card. Light
googling is pretty mixed on the subject; one side takes the stance that it's
strictly not possible and the other says it is, but a risk.

Can you comment on your take? Is it possible to do this, what are the risks,
and would you recommend it vs. trying for the H1B lottery?

~~~
yandie
Not a lawyer, but somebody who went through the greencard process.

The answer is yes. Same for E3 (for Australian).

The risk is once your company files I-140 petition (petition for immigrant
workers), you might be denied entry if you leave the US. It's hard to prove
your non-immigrant intent... So if you have less than a year on your i-94 it's
risky (i-140 takes a while these days to process - mine took 1 year). It would
take a few more months to get the EAD and advance parole document before you
can travel internationally. So consider these factors as you will have to miss
visiting Canada in the meantime.

My friend who was on E3 went through this and his i-94 was running out so he
was told he might not be able to work while the application is still pending
(the company did offer to continue paying him though, which was nice).

H1B lottery is safer, but the chances are low. If you have a committed
employer + stable job then I'd go with the adjustment of status route.

~~~
vishalkuo
Ah interesting. This makes me wonder if now is the optimal time to try this
given that going back to Canada is less appealing.

It's also interesting that your friend managed to stay in the country despite
his i-94 running out. I didn't think that could be done.

This gives me a lot to think about, thanks!

~~~
yandie
> friend managed to stay in the country despite his i-94 running out.

His adjustment of status was pending so there's a grace period (check with
your lawyer). He was basically waiting for his EAD/Advance Parole card at that
point!

~~~
arcticbull
(IANAL) Once your I-485 is pending you can remain in the US for as long as it
remains pending, on that basis. [1]

Most people also file an I-765 and I-131 alongside the I-140, I-485 and I-693
forms, and once approved, you'll be issued an EAD/AP combo card which entitles
you to work in the US and return to the US on the basis of the pending I-485.
This travel and employment eligibility is separate from any previous E-3 or TN
status.

Once you file, you no longer have to maintain your previous nonimmigrant visa
status, but if you don't, a rejected I-485 would subject you to immediate
removal. If you do, you can return to your old status.

[1] [https://citizenpath.com/faq/maintaining-status-after-
filing-...](https://citizenpath.com/faq/maintaining-status-after-
filing-i-485/)

------
justaguyhere
If someone on H1b wants to create a business, a non profit, or just wants to
freelance - what are the options available to them?

~~~
proberts
There's no option to freelance while on an H-1B visa and the options to work
for another entity concurrently - that is, to get paid by another entity - are
very limited and self-employment is generally prohibited. That being said,
preliminary steps to create a business or to volunteer for a non-profit are
allowed.

~~~
neosat
Thanks! Can you please provide any further links (or keywords to search for)
regarding the 'preliminary steps' that are allowed?

~~~
kgycombinator
Thank you! I was going to ask the same question.

Also, once the business set up..what if it generated profit as h1bs are not
allowed to get paid by other entities..

~~~
proberts
Really complicated and nuanced stuff unfortunately. What's clear is that one
can incorporate, get office space, build a product, and even get funding and
that one can't get paid cash for work done. Everything else in between is
nuanced, such as generating revenues if not taking a draw or cut. I'd be happy
to talk this through with you and anyone else but my general approach is that
once the business is real (not a great definition, I know) and not just a
hobby or side project, one needs to get work authorization.

~~~
masalachai
Thanks for doing this, Peter.

My I-140 is approved and my wife has an EAD. Are there any restrictions that
would prevent her from opening an LLC and getting paid for her freelance work
through it?

------
armSixtyFour
I'm a Canadian residing in the United States and have been on a TN for a few
years and was selected in the H1B lottery this year.

Would the visa ban prevent me from re-entering after October when I receive
the H1B? Would it also prevent me from switching jobs before January when it
expires?

~~~
digianarchist
Visa ban doesn’t affect Canadians.

[https://twitter.com/gsiskind/status/1275913510145462272](https://twitter.com/gsiskind/status/1275913510145462272)

~~~
proberts
That appears to be so because Canadians are visa exempt but there's been no
explicit statement/clarification of this by the government.

~~~
digianarchist
Great point. This could be changed or clarified at any moment.

------
jkingsbery
I'm an American citizen, but many of my current and former colleagues have
moved here from other countries. On a number of occasions, those colleagues
have explained something about their own immigration process. The current
system is crazy.

What is the likelihood of process simplification? What are some groups that
are pushing for concrete, attainable steps to simplify the process?

~~~
newyankee
I moved back to my country (India) after more than a decade in USA because
waiting list for my country was about 150+ years. I went to a good grad
school, worked at big cos, was generally focused mostly on my work and well
respected to the extent i know. It is unfortunately not my mistake that my
country has 17% of the world's population and almost #1 or #2 waiting list in
Green card applications.

I had to follow rules as i worked at a Big Tech company. However many folks
who worked for smaller sweat shop IT firms which are generally scammy in
nature got their green cards as they were given designations of manager or
filed under separate priority designations. Big Tech company like mine
followed all rules strictly so bending or interpretation was out of question.

It is just the way it is, i do not complain. I understand the need for a more
merit based overhaul. So many shades to the story though. I have seen many
people getting diversity lottery just by virtue of having a family member in
USA. I have seen people from lower populated countries getting green cards
much faster and doing simple jobs like working at Walmart without complaining.

I think clear policy is helpful, either it is merit based or it is not. Merit
is very difficult to define as well.

~~~
mattm
> I have seen many people getting diversity lottery just by virtue of having a
> family member in USA.

AFAIK the diversity lottery is random and doesn't take family members into
account.

------
temp_2020
Hi Peter, I am an Indian citizen on an H1B. Recently, my H1B was extended and
so I have the I-797A. However, now the H1B stamp in my passport has expired. I
would like to travel outside the country in the fall, but it seems like
traveling back to India to get a stamp is not a possibility. What are my
options to get my passport stamped? Or should I not even bother taking such a
chance and stay put?

~~~
sharmajai
While I agree that Peter's suggestion is the safe thing to do, based on the
following tweet from the official account, if you were in the country legally
on 06/24, the proclamation doesn't seem to apply.

[https://mobile.twitter.com/TravelGov/status/1285331446232743...](https://mobile.twitter.com/TravelGov/status/1285331446232743938)

~~~
mtremsal
Being exempt doesn't help in practice when consular offices are closed.

------
oldgobbo
Hey Peter - It seems that almost 2/3 of the USCIS staff will be furloughed
starting August 3rd. What is the likely impact on processing times? Also in
particular, any insight on adjustment of status applications?

~~~
proberts
If that happens, then I think premium processing will be suspended and the
processing of any application or petition by USCIS will take forever; I think
USCIS effectively will come to a halt.

~~~
Natsu
What will happen to those filing an I-751 if USCIS is basically shut down for
a while due to a furlough? Will there be any special considerations for those
who may have to file during the time the USCIS is operating at minimal
capacity?

~~~
proberts
I'm sure that filings will be accepted and receipt notices eventually issued;
it's just that decisions/approvals will take forever.

------
bberenberg
Can you speak at all to how a US based company that is 100% remote should hire
"employees" in various countries? Today we make most of them contractors, but
are trying to understand if there is a better method. It seems particularly
difficult especially when we only have 1 person in a given country.

~~~
arcticbull
This is what PEOs exist to support. Here's an example: [1]

[1] [https://peoworldwide.com](https://peoworldwide.com)

~~~
bberenberg
Thanks! I will definitely have to research this.

~~~
arcticbull
Yeah they're cool; basically they take on your employees full-time and
subcontract them back to you. This way they're fully papered up, and can even
provide benefits. They're not the cheapest way to go, but once you have a big
enough presence in a foreign country you can always open up a local office of
your own and transfer them over.

------
caduceus
Hi Peter, I know I'm commenting a bit late but just wanted a bit of advice.
I'm a Canadian employed by a US company, living in NYC at the moment. Since
the pandemic hit I've been working remotely and will be for the foreseeable
future.

I wanted to move back to Canada until we're back at the office so I can be
closer to my family as it's been incredibly lonely working here in isolation,
however my employer is saying I can only visit for up to 6 weeks. I'm just
wondering what grounds do they have for enforcing this? And also, what is the
worst that can happen if I just stayed in Canada for a few months?

------
throwaway3neu94
How to satisfy the PERM physical notice posting requirement when all offices
are closed due to CoViD (keycard access is revoked, all employees WFH)? Is it
enough to post it in an empty office and/or electronically on the intranet?
What if the office never reopens, or not anytime soon?

~~~
tequila_shot
I think along with the physical office, you also have to post it in
journals/job boards etc., I think it should not be impacted, but will wait for
proberts to respond.

~~~
proberts
The requirement to post a notice of filing either physically or electronically
hasn't gone away because of the pandemic although the DOL has relaxed the
requirement. One solution is to post electronically if a physical posting
isn't an option.

------
mikeweiss
My wife moved here last year on a K-1 Visa and currently has her EAD while
awaiting her green card which has been delayed even further than normal due to
Covid-19 office closures.

She's a data scientist and has had numerous interested recruiters call her
only to ask if she has a green card. When she states she has an EAD and IS
awaiting her Green Card they say that's not sufficient and end the
conversation. Is this legal? Seems like discrimination and is extremely
frustrating for the both of us.

~~~
mattm
This should be illegal [https://www.uscis.gov/i-9-central/employee-rights-and-
resour...](https://www.uscis.gov/i-9-central/employee-rights-and-
resources/preventing-discrimination)

My wife had the same experience during our green card process when she was on
an EAD and a company said they couldn't proceed until she got her green card.
Now, I don't think it was on purpose. The person she was talking to was young
and, while most Americans know what a green card is, probably very few know
what EAD is so they'll just default to the safe answer.

Your wife should probably answer with "I have legal work authorization in the
US" and leave it at that. Really, this is what the recruiters should be asking
as well, not whether or not she has a green card.

------
canttestthis
For people in the US who are on H1- B and also aren't eligible for an E-1
visa, other than O-1 is there a different immigration path to founding a
company in the US?

~~~
proberts
That's really it.

~~~
canttestthis
Thanks for responding :) I hope future administrations take the idea of a
startup visa seriously.

------
avthar
For international students in the USA who are looking to found a company,
what's the path look like immigration wise?

I know you can go down the H1-B, O-1 or Green Card route, but what do you
commonly advise?

~~~
proberts
Do you mean while a student or after you graduate?

~~~
avthar
How about both cases.

As a student you're on CPT and OPT. And after you graduate, OPT.

Is there a huge difference?

~~~
proberts
You can't work for your own company while on CPT and you can while on your
first year of OPT and with some additional restrictions/requirements you also
can work for your own company while on STEM OPT.

~~~
Nydhal
Can you please tell us more about the STEM OPT restrictions/requirements? I am
exactly in that position right now!

------
matmann2001
This might be a strange question, but I'll give it a shot anyway.

Amongst myself and a number of friends (whom work in tech), we've observed a
similar difficulty with meeting and employing lawyers for either personal- or
business-related issues. We all seemed to arrive at the same conclusion that
we don't know any lawyers personally, they don't seem to be part of our
extended circle of acquaintances, and are difficult to find locally and
evaluate their ability to handle whatever the need is, without shelling out a
decent sum of money upfront.

Maybe this is unique to us, or maybe others here have experienced this too
(please chime in). I suppose what I'm asking is what are good ways to find
local lawyers with the right specialization (most of the half-decent
recommendation services I've seen online are paid services). Also, where are
y'all hiding? Can I buy one of you a beer?

~~~
TheSpiceIsLife
Excuse the brevity, and I don’t mean to sound harsh, apologies in advance.

Presently doing two legal things that involve legal experts.

So anyway, from my experience:

No, you can’t buy your lawyer a beer. Your lawyer is _not_ your _friend_.

No lawyer wants to give you anything resembling advice, or even commentary
lest it be construed as advice, for free, out of contract, over a beer.

> without shelling out a decent sum of money upfront.

You’ve answered your own question.

We don’t ask doctors and dentists to “come round for a beer wink wink nudge
nudge”, so stop asking lawyers and tech people for free advice too.

~~~
Cd00d
No we don't, but I also have a really hard time finding physicians and
dentists that I like and trust. It's not about getting work for free, it's
about trust.

~~~
TheSpiceIsLife
That's a fair point.

------
knasmai
Hey Peter, thanks in advance.

I've been on an H1B for 4 years now and have had Greencard filed a few yrs
ago. I've been working for almost 5 years and want to take a longer time off,
two or three months sabbatical/unpaid leave.

I would still like to stay in US (my parents live here). Is this possible?
Will I lose my visa or greencard status?

~~~
proberts
What's the basis for your green card? Do you have a pending I-485 application?

~~~
knasmai
I have an employment based green card; I got the Perm and have an approved
I-140.

------
gabehcoud
Have there been any substantial strides made on merit-based immigration as a
partial alternative to the current H1B status? How would that affect the
current startup ecosystem?

~~~
proberts
No real movement on this as far as I am aware. But what has been proposed
would completely transform the U.S. immigration system.

------
galonk
I am a Canadian technical writer who is also a programmer and a graphic
designer. Is it easier for me to work in the states through a TN visa (which
specifically mentions technical writers)? I've never tried looking in the US
but I've always wondered if that would help ease some of the visa issues.

~~~
VintageLight
You should choose the TN occupational category that will fit your job
description and experience/education best.

~~~
proberts
That's correct and the occupations that I/you listed are all solid TN
occupations - meaning generally there's no issue getting them if you also have
the appropriate corresponding education.

------
random323423
I met someone recently from one of the countries south of the US border that
came to the US as a kid. Very talented and hardworking but undocumented. She
may be here on the Dream act, but I did not feel it appropriate to ask at the
time. Currently she is doing a masters degree in mechatronics and robotics.
Schools are are not allowed to ask about status, so she is taking the
opportunity to invest as much as possible in her education, however given her
skills she also has the ability to earn well.

I was fortunate to be born as a citizen in the US so I don't know how to
navigate such issues. As I understand it, it is a minefield for a company to
hire undocumented workers, even if they are highly skilled workers. Are
undocumented individuals allowed to start companies? Does YC have a stance on
this from an investment perspective?

~~~
newacct583
FWIW: there is no DREAM act, it never passed. DACA is an executive order, not
a law, and (somewhat hilariously in context) it remains in effect, allowing
undocumented immigrants who arrived as children to get a renewable work
permit.

That permit allows someone to live and work in the country. Anyone can hire
her as long as she has it.

As far as starting a company: that's an interesting question. That's not an
employment issue. My guess is that even people without work permits could
_found_ a company, as foreigners are always allowed to hold property in the
US. But having done so, I guess it would be possible to prohibit the founder
from working for their US company from within the borders? Would love to hear
the poster chime in on this.

~~~
qserasera
To add to this DACA could have been repealed in the recent SCOTUS ruling but
due to improper legal proceedure it wasnt cancelled. I don't know if anything
else would threaten DACA.

~~~
newacct583
That's not right. They didn't rule on its legality at all (though they have in
the past, in other cases, and let it stand as it exists). They ruled that the
executive branch (under Trump) has the authority to cancel the EO written
under the Obama administration (which is sort of a "duh" thing, of course it
does), but that the justification provided for the action was arbitrary and
capricious (in the technical sense defined by the Administrative Procedures
Act).

Loosely: any president can undo any executive action by a previous president,
but you can't chuck a law simply because you don't want immigrants in the
country.

Really all the Trump administration needs to do is write up a reasonable plan
for rolling this back and they can do it.

~~~
qserasera
[https://www.scotusblog.com/2020/06/opinion-analysis-court-
re...](https://www.scotusblog.com/2020/06/opinion-analysis-court-rejects-
trump-administrations-effort-to-end-daca/)

> Roberts then went on to the second step in the court’s inquiry. The Duke
> memorandum, he observed, concluded that DACA was illegal and should be
> terminated because it made DACA recipients eligible for benefits such as
> Social Security, Medicare and the ability to work legally in the United
> States. Roberts declined to weigh in on whether the Trump administration was
> correct in concluding that DACA was illegal

I suppose we are in limbo here

------
namank
Has the current political climate affected Canada to US TNs or are they still
being issued as before? Any particular port of entry that you'd favor/avoid?

~~~
proberts
We're starting to see greater scrutiny and more irrational decision-making
(such as concluding that a degree in computer science isn't an appropriate
degree for software engineers) but for the most part, TN applications are
being processed as before (by USCIS and CBP). Regarding ports to favor/avoid,
the answer really depends on the nature and quality of the TN application.

------
mtremsal
Not a question. Just wanted to thank your team, and Michelle in particular,
for invaluable support and guidance in what has been a harrowing year.

------
mehran_1380
F1 Visa Revoked

Before pandemic, in July 2019, I got my F1 visa. In September 2019, I went to
the airport to fly to US, but the airline officer said your visa got revoked!
I resubmit my second visa application in September which is still under
administrative process after about 1 year. What can I do?

My case is related to this news:

[https://www.theguardian.com/us-news/2019/oct/14/iranian-
stud...](https://www.theguardian.com/us-news/2019/oct/14/iranian-students-
barred-from-us-lost-money-broken-dreams-no-answers)

~~~
proberts
I would do two things: contact a Congressional office to make an inquiry with
the Consulate and submit a FOIA request.

------
kepler1
I hesitate to stray into political territory, but maybe we can discuss without
animosity or vehemence from others.

As an immigration lawyer, you undoubtedly see the complexity and huge volume
of paperwork needed for even talented and skilled immigrants to this country.
They approach a book sized application.

Do you ever find it inequitable or frustrating, that some classes of
immmigrants are by comparison, basically waved through? What things about the
immigration / visa system would you recommend immediately be changed or fixed
to improve our situation?

------
MorganGallant
I'm a Canadian Citizen going to the University of Waterloo. My next co-op work
term is Winter 2021 (Jan-April). Would it be possible for me to work for a US
company for that term? I've done the J-1 process twice before and that worked
great in 2019, not sure about now given the visa suspension and COVID. Would
appreciate any ideas here.

\- Could I still get a J-1 for Winter 2021? \- Are there any other avenues for
Canadians to work for a US company (possibly remotely) without a visa (if
visas are still suspended)?

~~~
proberts
There are no US immigration requirements to work remotely for a US company -
that is, you don't need a visa or work authorization - but to work in the U.S,
work authorization would be required and the J-1 won't be available again
until January at the earliest.

~~~
ska
A thought: are TN "visa's" still available at this time? I know in the past
some people have used them for co-op, but unclear if that was really by the
book as it's unclear if they meet the education requirements.

edit: I really shouldn't have said "education requirement" \- it's a job
categorization, so education is only supporting evidence that your job meets
the criteria.

~~~
wenc
For Canadians, TN-1's are not visas but statuses adjudicated at the border
(they're typically just I-94s linked to passports), so they never "run out" as
such (no quota).

However the TN is a status for restricted NAFTA (USMCA) professional
categories, and typically requires proof of qualifications (in this case,
education). I could be wrong, but an undergrad intern typically does not fit
these categories. I'm surprised people have used it for co-op.

~~~
ska
Right, that's why I put visa in quotes. And yes, there is no quota but I
wasn't clear if there were e.g. COVID related restrictions on application
currently.

People have definitely used this for even undergrad co-op, but I don't know
how widespread. Obviously more easily applicable for grad students.

Part of the issue is that as you note the admissibility criteria is decided by
the border agent you randomly see. So you provide evidence of education and
fit for a TN category, but they decide if you qualify, and it's unclear how
much guidance they have in this. Appeal process is mostly only through the
same agent.

NB: my experience in this area is a bit out of date, things may have changed.

------
UncleOxidant
I'm a bit surprised that there are so many Canadian & Europeans wanting to get
into the US to work at this point given our rapidly deteriorating political
and covid19 situation.

~~~
superhuzza
My last job in Canada paid me $70k CAD, or $52k USD.

The same job in the US would likely pay me $115k USD.

~~~
UncleOxidant
Sure, but in Canada you've got a much more robust social safety net and
healthcare not to mention a sane leader.

Now that a lot of jobs are allowing remote work why not live in Canada and
work for a US company?

~~~
boojing
A safety net and gov provided healthcare isn't all that important for your
average high earning single tech worker who has no kids.

------
arxv33
Thanks for doing this. I have started working in the US with L1B visa in March
but because of the pandemic and the US-Canada border closure I have not been
able to move there officially. My L1B was issued in a US-Canada land border
(basically flagpoled - took the visa and came back) and my company is fine
working remotely since we will be working from home for the rest of the year
anyway.

However I need to get a SSN and so far from the SSA website they are issued
only through a physical appointment. I have called up a few SSA offices and
they all told me they are closed right now and don’t take any appointments.
They will let me know when they start scheduling appointments and at that
point I will have to go to their office and attend the interview physically.

My questions are:

1) assuming the border remains closed for a while and I have no means of going
there while the current EO is in force, is there an alternative way of getting
SSN you know of?

2) If it comes to that and there is no way of getting SSN without going there
physically - the EO doesn’t impact existing L1Bs but my situation is a bit
complex since there was never a stamp in my visa. They just issued I140 and an
entry seal in the passport (as is done for all land entries through Canada I
suppose). The EO does specifically mention having to have the visa stamp for
me to be allowed to enter. How strict do you think the enforcement is going to
be and do you think I will be allowed to enter if I attempt when they schedule
the interview for SSN? Are the CBP officers enforcing the EO as verbatim or
there is room for interpretation for someone who already has L1B but no visa
stamps?

~~~
icesin
FYI, the US border is not closed to Canadians if you enter via air; only the
land border is closed to non-essential travel.

------
pain_perdu
Are the border agents at US airports currently processing TN applications? Are
all TN workers considered 'essential' during the current situation?

~~~
proberts
The limitation to essential travel only applies to land and sea crossings but
regardless coming to the U.S. to work (by applying for admission in TN status)
is considered essential travel.

------
bjornsing
Hi Peter!

I’m a highly skilled engineer and reasonably accomplished entrepreneur
(founder of a VC-backed startup that is still alive but hasn’t taken off, and
I no longer work there). I’m a natural born citizen of Sweden and I live
there.

I’d like to emigrate to the US, with citizenship as the goal. I can spend a
bit of money on it, but I’m not wealthy. What’s my best bet? What would you
say is the probability of success?

Thanks in advance,

Björn

~~~
proberts
The answer really depends on your background/accomplishments and whether you
would be working for your own company or for another company. Oftentimes, for
entrepreneurs, the best and easiest option is the E-2 investor visa, which is
available to Swedish citizens.

~~~
bjornsing
Thanks For the E-2 suggestion!

Since my goal is US citizenship and I’m in-between projects right now I’m open
both to working for my own company or for another company.

I have a master’s degree in engineering physics. I’ve had senior leadership
roles in two VC-backed startups (one of which I founded and was CEO of). I’ve
been covered in the press, by regional newspapers and national tech media.
I’ve spoken at a number of tech/telecom conferences. I’m the inventor on a
handful of patents.

Does that help narrow down other paths?

~~~
proberts
We should talk. It sounds like you'll have a good argument for a green card
which then leads to citizenship. The question is which path to take in the
short-term and the strength of your background likely would allow you to get
an O-1 through your own company or another.

------
manuelabeledo
L1-B holder here, in the process of getting my PERM.

Lawyers told me that my degree does not qualify as a BSc, even after I send
them the certificate that proves it does. Apparently, anything under five
years is not considered a BSc. They also told me that my 15+ years of
experience have little value, as they will only consider the five most recent.

What is the position of the USCIS about this?

~~~
Ao7bei3s
Ask your lawyer for an "academic equivalency evaluation" from a professional
US education advisory firm that specializes in assessing foreign educational
credentials.

Or Google those terms to find a provider (or email me, for the same result),
and buy it yourself (price starts at $110; just expense it later). If they
like your degree, you'll get like a 2-3 page wall of text that should usually
be sufficient for USCIS. Take that to your lawyers, and make them include it
in your application. I'm surprised they didn't get one already for your L-1B.

3 years B.Sc. can definitely be fine, but maybe it depends on the
country/university/courses? (In my case it didn't matter; I also have an M.Sc.
But they certify what you give them, not just the highest, and so I know my 3
year B.Sc. is ok, at least for the evaluator, don't know about USCIS.). One
potential problem is if your subject of study doesn't match exactly (e.g. an
EE MSc doing software dev). USCIS has been stricter in those cases in past
years afaik.

Also, it's more risky, but x% of a degree + y years progressive experience can
sometimes be summed up and then in total considered equivalent to the degree.
(Progressive means you can show your job continuously became harder. y years
of beginner level wouldn't count. Any work that doesn't directly relate
doesn't count either.)

IANAL

(You may have already done this; I couldn't tell from your post. "certificate
that proves it does" could refer either to a (useless) piece of paper by your
university, or an independent academic equivalence evaluation. So posting this
just in case you don't have the latter one yet.)

------
on_h1b1
What do you think are the effects on the H1B1, especially new H1B1
applications?

What should I do in response to the effects?

What should I fill in if there is a form that asks about visa?

What should I say when recruiters or companies ask about visa during our call?

Thanks for doing this AMA Peter.

[https://en.wikipedia.org/wiki/H1b1](https://en.wikipedia.org/wiki/H1b1)

~~~
proberts
The H-1B1 is not subject to the latest proclamation/ban so the only issue (if
you are outside the U.S.) is getting an H-1B1 visa since the Consulates are
still closed but that's not an issue if you are in the U.S. - you can change
your status to H-1B1 in the U.S. or change your H-1B1 employer. For
recruiters, tell them it's cheap and quick to get H-1B1 work authorization.

~~~
on_h1b1
How cheap and quick is it to get a new H1B1?

Which reputable links or documents do you send or show when you tell them that
it is cheap and quick to get the H1B1?

What did you use to find out that the H1B1 is not subject to the latest
proclamation/ban?

------
codegeek
Peter, if someone is stuck on a tourist visa that is now expired but they
cannot travel back to their home country yet due to travel bans, what else can
be done other than waiting ? Extension application has already been filed for
months since pandemic started but no communication from USCIS yet and the I-94
is now expired.

~~~
proberts
That really is the best option - filing an extension - and extension
applications are taking a while, 3-5 months.

------
random6756
Hi Peter,

I hold a GC and have been working outside the US on reentry permit. The latter
has already been renewed once, expiring again in Q1 2021. Two questions:

1\. Do you anticipate any impact of changing policies on people holding GCs
but working outside?

2\. What would be the best time to apply for a third extension of the reentry
permit, given the pandemic situation.

Thanks.

~~~
proberts
Q1) No. Q2) You can only apply for a one-year renewal. There are different
strategies here depending on how much longer you plan on living abroad and
when you intend to travel to the U.S. next.

------
tinbad
(Current green card holder) I was scheduled to have my citizenship interview
in early April that got de-scheduled. On USCIS website it still says I’m
scheduled to complete the citizenship process in August, which seems unlikely.
Do you have any insight as to whats a realistic timeline to receive my
citizenship?

~~~
x87678r
I had a friend in NY who did the citizenship interview last week. I think
they're back to processing OK.

~~~
proberts
That's right, USCIS is starting to schedule in-person appointments again and
it's first scheduling those whose appointments were cancelled.

------
LeoHaggins
How could a potential trump re-election could impact the current working visas
L1/H1B/O1 processings?

------
santiagosada
Mexican + Spanish national here. I dropped out off college to do my YC
startup. I'm aware TN visas require a degree, but as far as I can see that's
not the case with O-1. Even if it's technically not a requirement, would you
say this will significantly affect my O-1 chances?

~~~
martin_
fwiw i am on an O-1 without a degree, and didn’t have any trouble

~~~
on_h1b1
martin_ What did you do?

------
emdowling
Hey Peter! Former client, And used your firm for several employees. You’ve
become an expert in this space. How do you think about scalability and
succession planning? What motivates you to keep being so hands on? What has
motivated you to become a leader in this field?

~~~
proberts
Thanks for that. I think fear of messing up! Probably not great advice.

------
youpdidou
Hello! I have been running a survey to collect stories and data about
immigrants and the companies they transformed, created, or funded.

If you are or have been a technology startup employee, founder, or investor,
can you take a few minutes to complete this survey:
[https://lnkd.in/gSuxfUJ](https://lnkd.in/gSuxfUJ) ?

Your answers will help produce a report about the role of immigrants in the
tech startup ecosystem.

It matters to me, because over the past 15 years, I have been under a bunch of
different visas (J1, F1, H-1B). I believe that I, like many other immigrants
in the technology startup world, helped create thousands of jobs in the US. I
want to get data to show it and ultimately share around.

(And sorry if it's a bit off topic)

~~~
proberts
Great idea though.

~~~
youpdidou
Thank you Peter, and thank for doing this!!!

------
bhindu20
Hi Peter, Thank you for doing this. If you're on a H1b visa and waiting for
your green card to be come current, can you be the co-founder of a start up?
What are the implications and is there a way to set up start up so that the US
citizen founder can be the primary?

~~~
proberts
Are you in the I-485 stage?

~~~
bhindu20
No,I received by 140 and waiting for it to be current.

~~~
proberts
You are talking about being a founder on the side, I assume, but not filing
anything with USCIS so that you can work for/get paid by this company? Then
this shouldn't compromise your green card process. The question is just
whether what you are doing is permissible and as discussed above, the limits
are a bit murky: at a minimum, don't get compensated in any way.

------
meristem
Hi Peter, thank you for your time. I accidentally ripped my certificate of
naturalization in half. How much of a risk is it to keep the halves and not
get a new one? New one was $555 last I checked; is there any reprocessing or
is it just law of supply/demand?

~~~
proberts
There's really no need for it. You have a US passport, I assume, which is
evidence of your US citizenship and I don't think it's any less valid because
it was torn.

~~~
meristem
Yes on passport and thank you for your reply.

------
aanand
When renewing an O1, how important is it to have "new" evidence? Can an
original O1 case be sufficiently strong that it doesn't especially matter how
much publicly visible, groundbreaking work has been done in the time since it
was granted?

~~~
proberts
Generally, for extensions, new evidence and arguments aren't required
(although we still usually provide what's readily available such as new
press). That being said, although still the exception, more and more USCIS is
issuing RFEs on O-1 extensions.

------
legendaryz07
Can a company file for a green card for a STEM worker without going through
the H1B Process?

If so, what are the requirements and the chances. Note, that worker is not the
citizen of a country of which there would be a ton of applications from (I
think that matters)

~~~
proberts
Q1) Yes. Q2) No different from the sponsorship requirements for someone in
another status. The issues are around the timing of the filing and
international travel after the filing.

------
tmountain
Can you comment on how the EU travel ban on US citizens affects a US citizens
ability to live/work in the EU under the umbrella of a non-lucrative visa? If
a US citizen receives a non-lucrative visa, would they be able to immigrate to
the EU?

~~~
proberts
Unfortunately, I can't comment on European immigration.

------
nawgz
I am a Canadian with a TN visa. Is there a requirement that I remain in the
country (USA) during the time of this visa? I only ask because now it is
tempting to go work from Canada for elongated periods, but I am not sure of
the legality

~~~
proberts
No, you can remain outside; the only requirement is that when you enter the
U.S. in TN status, you do your TN work.

------
Cybuster
Hello, I just got informed that I passed the interviews at google and got
accepted by the hiring committee. I am a Mexican and I went to college and
passed all my courses but I don't have my title yet (a very common situation
here in Mexico), it might take a year or 2 to do the paperwork to get my
college degree. The recruiter told me I will start working remotely and then
after covid move to the us, what are my options? I have been working as a
software engineer in Mexico for two years. I know the TN visa from nafta would
be an option for me but I am not very informed, could you help me?

------
throwawaybbqed
Hi Peter .. thx for taking time to answer questions on the weekend.

Curious what happens when someone with an H1B (say greater than 3 years used
but less than 6 post-extension) leaves the US to go back to their home
country? If that person is interested in working in the US again as an H1B, do
they need to be subject to the lottery again or are they exempt since they
were already "approved" for an H1B?

I heard it has something to do with the time when you re-file to go back? I'm
specifically curious about the case when the person decides to go back after a
few years (after when the H1B would have expired).

Canadian here btw.

------
entityresq
I'm a PhD from Bio background who became a data-scientist in a health-care
related (but not biology research) company. I have been reasonably successful
in this job, but because of the change in fields I lost my H1B to a failed RFE
the one time I passed the lottery. Now I'm thinking of doing an O1
application, but my assumption has been that all my expertise must now be
demonstrated in this new field of health-care data analytics and not from my
PhD times, and I'm working on it.

My question is, has the difficulty of getting O-1 visas gone up significantly
in the past year or so?

~~~
proberts
Not really. It's gone up a bit - or more sideways I should say with USCIS
raising different issues - but really we haven't seen much of a change in the
approval rate.

------
conanbatt
I'm moving to the US on an H1 the first time with my wife and daughter, and
interested to bring my nanny as well.

1- My wife wants to be able to work shortly and my understanding is that she
won't be able to on an H4 until my I-494 is approved). Is it feasible for her
to do a J1 if an employer is willing? Are there other options?

2- I'm working on getting the nanny a B2-domestic, but consulates around the
world are closed which puts a very long delay on the process. Is it possible
to bring the nanny on a tourist/business B1/B2 and do the change within the
us? Are there other options?

~~~
proberts
Your wife can't apply for work authorization while in H-4 status unless and
until you are the beneficiary of an approved I-140 petition (which is a step
in the green card process) and the only way for an accompanying nanny to work
in the U.S. is to apply for work authorization while in the U.S. in B-1
status.

~~~
conanbatt
> and the only way for an accompanying nanny to work in the U.S. is to apply
> for work authorization while in the U.S. in B-1 status.

My understanding is that we can get the B-1 visa for domestic employee outside
the united states. Some counsel has told me that entering the US with the
tourist /Business B1/B2 is could be risky.

Do you work on the B1 nanny cases or have a referral of a lawyer to work with
such a case? I'm interested in hiring counsel to make it happen.

------
Cybuster
Hello, I just got informed that I passed the interviews at google and got
accepted by the hiring committee. I am a Mexican and I went to college and
passed all my courses but I don't have my title yet , it might take a year or
2 to do the paperwork to get my college degree.

The recruiter told me I will start working remotely and then after covid move
to the us, what are my options? I have been working as a software engineer in
Mexico for two years. I know the TN visa from nafta may be an option for me
but I am not very informed, could you help me?

~~~
mattm
Google should have its own legal department that can help you. I would ask
your recruiter to connect you to them.

------
arjie
What are immigration-acceptable ways for a person on a H1-B to start a company
and work for it? For someone who is Indian, are there options to found a
startup and spend the majority of their time on it?

~~~
flak48
I had a similar question once, someone had mentioned
[https://www.unshackledvc.com/](https://www.unshackledvc.com/)

------
dev_throw
Canadian citizen here, working at a late stage startup. I could not fly out to
renew my visa due to the pandemic, so we went through USCIS. My visa appeal
has gone into an RFE, and there is a chance it could get denied. I have a
couple more months left.

Do American companies have to do anything special immigration-wise for an
employee to work from Canada (either temporarily or permanent)? Or is it just
a matter of me moving back to Canada and invoicing the company as a sole
proprietor (contractor)? Is that a simple solution I could pitch my company?

~~~
proberts
Really, the company doesn't need to do anything since US immigration doesn't
apply. What's the job and what's your educational background?

~~~
dev_throw
My educational background is a Canadian Bachelor's in an unrelated engineering
branch (chemical). I took a few CS courses, got some experience, and have been
working in the US for the past 5 years as a software engineer on TN at
multiple places. I'm now getting RFE pushback on my latest renewal (same job -
backend engineer) that I do not fit the software engineer designation, so our
team is seeing what they can do.

I thought there would be major accounting/tax headache for my company to have
employees in Canada, although it wouldn't be an immigration issue for me. If
it was as easy as flipping a switch, I'd make the move. I also have another US
job offer that is going through the same issue (RFE), so I'm sensing a pattern
here.

------
zolombot
Hi Peter, wondering if you seen any changes (due to pandemic and political
climate) regarding enforcement and interpretation of "continuous residence"
requirement both in terms of naturalization and maintaining permanent
residence for green card holders.

Specifically do you think whether there a risk of losing a green card or N-400
being denied on those grounds for a person that has been staying outside the
US (in different countries) for 5-7 months per year for the past 3 years, but
not exceeding 6 months at any time and maintaining ties to the US?

Thank you!

~~~
proberts
I can't comment on your specifics - a careful analysis of the facts would be
required - but I haven't seen any change in the way USCIS is interpreting
residence for green card maintenance and naturalization purposes.

------
anonh1bobvious
Hi Peter, can you comment about rumblings that this administration is working
on a rule that revoke/resets I140s after a certain number years and make
everyone do perm and labor processes again?

~~~
proberts
I'm not but something like that definitely would be challenged.

------
yhackaround
How much of a legal trouble am I in if my company shuttered its physical
office because of the pandemic? My H1B visa is tied to that address. The
company still has another office in another state.

~~~
proberts
That depends in part on whether you are working from home and whether your
home is in the same MSA as the company's former physical office. But you
should check with the company's attorney.

------
jifii3
Does the current COVID restrictions/situation, present a challenge to justify
someone's re-entry into the US for work, as employees can technically 'work
from home' which is technically possible from abroad? (Asking as a TN holder,
Mexican national, visa sticker valid for various months still).

Planning to travel to be back in (flying, commercial), to reduce uncertainty
and be ready for an eventual return to office, although no specific date has
been given by the employer but I continue to work for them remotely.

~~~
proberts
Your ability to reenter on your valid TN shouldn't be impacted by your time
outside the U.S. even if extensive; you might just need to provide proof that
your employment in the U.S. still exists when you return.

------
mlsystems
In this comment
[https://news.ycombinator.com/item?id=23940448](https://news.ycombinator.com/item?id=23940448)
you mentioned that self employment is prohibited on H1b. Can you comment if
working on H1b (also have EAD from I485 filed based on employer) and (a)
consulting for another firm (in Canada/non-US) is allowed?, (b) consulting for
a US firm (1099) is allowed?, and (c) being a youtuber who earns money through
ads is allowed?

~~~
proberts
If you have an EAD, then all is allowed; the question/issue is whether such an
activity could negatively impact your pending I-485 application - and it
could.

~~~
mlsystems
I on EB1B queue working at a uni, and was planning to consult for a Canadian
firm, and the scope of work is related to my research area. This is not much
info, but at a first glance, does it seems like it would negatively impact?
Also my PD recently became current (not sure how long it will take to get the
green card).

------
roboticfish
I'm a Greencard holder who has applied for an I-130 prior to COVID-19 for my
wife through the F2A category, I know that spouses of citizens can still file
I-130s, but the wording wasn't clear for permanent residents. Will my
application be denied due to the executive order?

This is the executive order I am talking about:
ttps://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-
aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

~~~
proberts
It won't be denied; processing just might be delayed.

------
bounded_agent
Say my close friend / future cofounder is here on a B-1. He's looking to
extend it for 6 months pretty soon. Do you think the current situation means
that it's more or less likely to get approved?

I'd be optimistic about the baseline situation, but given the pandemic, I
don't know whether the government would be (a) very slow, allowing the person
lots of time to stay while govt makes their call, or (b) unusually efficient
AND strict.

(Thanks for helping everyone out on this thread!)

~~~
proberts
More likely given the pandemic and the understanding that it can be impossible
to return to one's home country or at least unsafe/risky to travel
internationally.

------
somuchlan
Hi Peter - My fiance currently works for a large tech company in the bay area,
and is on a H1B visa currently. They would like to apply for their green card,
but have been told by the HR that everything is on "pause", but they will
continue to collect information in preparing the green card application. How
true is this, and do we have any other options? To answer, no we do not plan
to marry, though I know this can expedite things. Thanks.

~~~
timtamboy63
I'm also going from H1-B -> Green Card. The first chunk of the process is with
the Department of Labor and so they should be able to get started on that

------
rocqua
What chance someone from western europe with a Bsc in maths and an Msc in
computing science from a mid-tier university stand at getting a work visa into
the US? From what I know, I would need to have a job lined up beforehand to
stand any chance.

Moreover, if given such a visa, how beholden would I be to my employer. That
is, if I were fired would I have to immediately leave the country, or could I
perhaps stick with the life I had built up in the meantime.

~~~
proberts
That's right, you would need a job offer and if you were terminated or quit
while in the U.S., you would have 60 days to find another job and get
sponsored by that company or file to change to another status.

------
noozirul
I am in the process of getting a green card and waiting from my PERM approval
(sent PERM in Feb) (good to know from your previous answers that the process
is still working well if not better). Do you see the next steps i-140 and
i-485 impacted either by the virus of by trump recent changes?

Also is there a chance that if trump is re-elected we will see drastic changes
and people in the middle of the green card process might be impacted?

------
nassycheezy
I am currently on a H1B and got married in May in the US. Unfortunately, my
wife was on a diplomatic visa (lost her job due to the pandemic) and her
organization will not allow a change of status to H4, as a result she has to
go back to her country.

Given the current H4 visa ban, it seems like we'll have to be separated until
next year. What are our best options for her to come back in the US and switch
to H4 before January?

------
d3nj4l
Thanks for doing this. As someone looking into studying in the US next year,
the recent ICE guidelines did make me a bit worried, and I know of quite a few
friends who've decided to either give up, put it off for another year or look
at other destinations. Given the pandemic, consulates not processing visas and
the political factors, is it still a good idea to think about applying for
Fall 2021?

~~~
proberts
I think so (hopefully it will be a different world then) and to be clear, the
government retracted the restrictive ICE rule.

------
theboat
I'm a Canadian with a BA in economics, but I now work as a data engineer at a
startup. I see postings for remote data engineering jobs in the US which say
that I must be eligible to work in the US and/or have a social security
number.

Is it possible for me to work for one of these companies using a TN visa? Does
my degree have to be "engineering" if the role is "data engineer"?

~~~
proberts
First, you can work for all these companies remotely in Canada without US work
authorization. You have to come within one of the occupations (economist or
engineer) and have the appropriate educational background. I would argue that
your degree is appropriate for a data engineering position but USCIS and CBP
typically take the narrow (irrational) view that the appropriate degree is one
in engineering (or a related field).

------
bilater
Do green card holders need to be worried/do anything with these changes to
immigration laws or is it focused on Visa holders (H1 etc)?

~~~
proberts
No, I don't think they need to be worried.

------
kotxig
I am a greencard holder currently living in the UK due to the coronavirus
pandemic. I have a re-entry permit but I am concerned about taxes while I am
in the UK. If I rescind my greencard will I have a more challenging time
securing a non-immigrant or immigrant visa in future? I was considering
rescinding the greencard and going through the H1B or O1 route in future.

~~~
nutjob2
What are you tax concerns exactly?

You have to file a US but generally you can avoid double taxation, especially
on the first $100,000. If you have business income it's generally a good idea
to incorporate and have the company pay you to get the full tax benefits.
Incorporation generally gives you a lot of flexibility tax wise.

If you abandon your green card you'll have to pay capital gains on all your
assets as if you sold them, I believe.

PS: I am not a tax lawyer, but that's a quick overview

~~~
kotxig
My tax concerns are essentially being unable to leverage the tax efficiency
vehicles while working in the UK. i.e. having to pay tax in the US on income
that attracts zero tax in the UK.

My actual concern is about going through the immigration system in future if I
choose to rescind my green card. I understand that it isn't a pleasant
experience I just wondered if it becomes any more challenging from having held
an immigrant visa in the past.

> If you abandon your green card you'll have to pay capital gains on all your
> assets as if you sold them, I believe.

This is only true for certain holders with wealth over a certain amount, I
wouldn't attract the exit tax.

It's more about being able to make good financial decisions if I am to stay in
the UK as I'm uncertain at the moment. My plan was to study in the UK but
given the situation (no access to the campus makes zero sense to me) I have a
job in the UK now.

Engineers are paid what seems to be a significant amount less but there are
many vehicles that optimize the taxes on that income. For example, tax free
pension contributions are up to 40k/year (about $50k). You can also invest 20k
per year of post-tax money in an ISA and pay zero tax on the earnings through
interest and dividend. There are also tax allowances for interest on saving,
captial gains allowance, entrepreneur's relief in addition to the personal
income tax allowance. Stock options for employees are often very tax efficient
too (10% tax). I think I worked out my total personal tax liability as about
19%.

So to be efficient with your money in the UK you need to leverage these
vehicles. A 100k GBP London salary can be as efficient as a $170k Salary in
SF, and that's before considering cost of living, co-pay on healthcare etc. If
you have to pay tax on worldwide income in the US, it completely erases the
savings these vehicles offer, so you end up with a tax bill equal to the
difference between what you have paid in the UK and what you would have paid
on the same income in the US.

Not to mention, companies that offer investment platforms for ISAs and SIPPs
(do it yourself pension investment) will offer accounts to US residents due to
the FACTA reporting overhead.

~~~
enronmusk
> A 100k GBP London salary can be as efficient as a $170k Salary in SF

The marginal tax on a £100-125k London salary is 62%. Also, VAT there is much
higher than sales tax in CA. The savings from your ISA accounts will be
negligible until your portfolio grows significantly. Just move to TX/FL/etc
before realizing any gains and you'll end up paying just 15% long-term federal
CGT.

> Stock options for employees are often very tax efficient too

I don't know about options, but an acquaintance of mine had to pay ~75%
marginal tax on AMZN RSUs (£100-125k bracket; income tax + employee NI +
employer's NI + personal allowance tapering).

If you want to optimize your net worth, move to Switzerland or the US (CA, CO,
TX, WA), not the UK.

~~~
kotxig
> The marginal tax on a £100-125k London salary is 62%

This is why you should reduce a 100 - 125k salary by 40k through salary
sacrifice, paying into a self directed pension. Taxable income is reduced to
£60 - 85k.

> Also, VAT there is much higher than sales tax in CA.

Yes but there are no property taxes in the UK, which I'm sure far outweighs
the difference in sales tax on a yearly basis. Also VAT isn't applied to
everything, it is reduced to 5% for fuel and 0% for food. I'm making the
assumption I can cash purchase a home I actually want to live in in the UK.
Purchasing a house isn't really optimizing net worth either, but it is a
stability factor I would rather have. I'm looking at $1.8m-2m minimum in SF
for a property I would actually want to purchase and live in. I'm sure there
are plenty of massive homes in the middle of nowhere I could purchase but am I
going to have a job I want and live near interesting like-minded people?
Probably not.

> an acquaintance of mine had to pay ~75% marginal tax on AMZN RSUs

RSUs are not a qualifying option in the UK. Most startups in the UK are
offering EMI share options, which are more tax efficient than any offering in
the US unless you look at early exercising with an 83b election, which is
obviously significantly riskier.

> The savings from your ISA accounts will be negligible until your portfolio
> grows

Yes that's the point, if you grow an ISA to 1mil in value over 25 years,
drawing down that ISA at a 3% rate is a significant tax-free lump sum
contribution to your yearly income.

I won't go into the full detail but I reckon that with the combination of an
ISA, pension allowances, and dividend/capital gains allowances on private
investments, you can draw nearly 97.5k in income and pay only 3750 in tax, and
there is no AMT in the UK.

~~~
enronmusk
> pension

If you're OK with locking up your money for 30+ years, sure.

> no property taxes in the UK

That's a bug, not a feature. There's little incentive for people to downsize,
which leads to suboptimal use of resources on a societal level. Even if you
leave the question of fairness aside ("eight of England's 10 cheapest areas
for council tax are in the capital including Kensington & Chelsea, Hammersmith
& Fulham, Southwark, Lambeth and Tower Hamlets"), this leads to higher
property prices, which negatively impacts you as a first-time buyer.

> I'm looking at $1.8m-2m minimum in SF

You don't have to retire in the Bay Area.

> Most startups in the UK are offering EMI share options

Most startups in the UK pay poorly, so I'm not sure this is a good point.
Thanks for letting me know about EMI share options though, I didn't know that!

> you can draw nearly 97.5k in income and pay only 3750 in tax

You can top that. People who have bought property in London 15+ years ago can
easily realize a profit of £500-1500k, all tax free --
[https://www.gov.uk/government/publications/private-
residence...](https://www.gov.uk/government/publications/private-residence-
relief-hs283-self-assessment-helpsheet/hs283-private-residence-relief-2020) .

~~~
kotxig
> If you're OK with locking up your money for 30+ years, sure.

55 isn't 30+ years away for me.

> this leads to higher property prices, which negatively impacts you as a
> first-time buyer.

And yet it still looks more affordable than SF.

> You don't have to retire in the Bay Area.

In which case, I have to account for housing expenses when looking at the
salary in real terms, and deal with all of the problems related to rent i.e.
rising costs, being kicked out, not worth investing in improving the property
(from a quality of life perspective, not ROI).

> Most startups in the UK pay poorly, so I'm not sure this is a good point.

The one I am working at currently doesn't pay poorly. It's not my top SF
salary but it's better than what I started on in SF. It's not FAANG.

> You can top that.

I just meant for an average person with a typical diversified investment
portfolio and private pension, and in a way that you can actually plan for
(private residence relief is not something that you could have reasonably
planned for at the time of buying the house).

~~~
enronmusk
Makes sense. Thanks for elaborating and apologies for derailing your green
card question.

------
shibeouya
Hi,

I am a LPR and applied for a GC for my spouse 1.5 years ago.

Our I-130 was approved last March, however NVC has never receive the file. It
seems that USCIS just never transferred the file to NVC even after more than 4
months.

We have sent multiple requests to NVC Research, and recently made an Ombudsman
request however this does not seem to help.

What are our options at that point if USCIS just holds our file hostage for no
reason?

Thank you.

------
mslack616
Hey there Peter, my dad got to submit petitions for both my grandma and me for
U.S permanent residency just before the pandemic blew up. How long does that
usually take? and Do you think it will take even longer because of the
pandemic? I'm 28 and my grandma is 85, we both live in El Salvador if that
makes any difference/is of any relevancy. Thanks!

~~~
proberts
Unfortunately, the first proclamation (I believe the first) suspended the
issuance of immigrant visas with very limited exceptions and it's still in
effect so the processing of your and your grandmother's immigrant visa
applications could be delayed.

------
rahmaniacc
Hi peter,

I was on a H1b and quit my job in March (I still have a year and few months
left on my H1b). I applied for a change of status to a h4 (this is still in
progress with the USCIS) and had planned to relocate to India in June to start
my company, but am still in the US waiting for the covid situation to resolve.
Is there any option for me to start the company here?

~~~
proberts
For the company in India? Definitely.

~~~
rahmaniacc
Thanks for the response! Two questions - Q1. Can i continue working from the
US (while on a H4) if the company is incorporated in India? Q2. Can I
incorporate in the US and continue working given the current situation?

------
throw808080
Throwaway...

I'm interested in nomading or maybe working in the US. Either on one of my own
things, or perhaps at another startup, mainly for social interaction.

I've accumulated some wealth so far. What would be a good option, and how can
you prevent being taxed by the US?

Do people normally work from their own consulting company/structure, or are
people usually on the company's payroll?

~~~
dencodev
People are usually on a payroll as either an employee or contractor (slightly
different tax treatment, with the contractor being less favorable to the
worker). I have heard of instances where people form a company and work under
that, but in my experience it tends to be abusive workplaces that go that
route.

If you're working in the US there's no legal way to avoid getting taxed. They
aren't going to tax your existing assets outside the US though. There's no
wealth tax.

------
zamalek
How does the administration's hold on Green Cards affect people already in the
process (from PERM through green card in-hand)?

~~~
proberts
Really not at all so far unless an applicant is getting his or her green card
through a US Embassy abroad (known as immigrant visa processing).

~~~
zamalek
Thanks for your time!

------
dvfurlong
As a European entrepreneur with some success and some international
recognition what would you recommend is the best strategy to get a US work
visa and move there. For instance starting a new company in the US or a new
branch or something like the O1 visa? I have British, Irish, Polish
nationalities and perhaps one of the them has good odds on a visa lottery?

Thanks!

~~~
proberts
The answer really depends on your background/accomplishments but (based on the
limited information provided) it appears that the O-1 and E-2 visas might be
good options as well as the L-1.

------
mid256
Thank you for doing this! I'm working at a tech startup on my F1-OPT (expired
July 15). My lawyer submitted my H1B petition one month ago but we haven't
received the receipt from USCIS. Can I continue working while waiting for the
receipt and the approval? If not, what are some options to legally working
until we get the receipt?

~~~
proberts
Yes, you can continue to work based on something called cap gap coverage but
you should get a new I-20 issued by your school.

------
kylehotchkiss
I'm a citizen waiting for a green card application for my wife in India. We've
had our docs approved by NVC and everything. Any ideas how long the mumbai
embassy is going to be closed? They aren't saying a peep online, near total
radio silence from them. Curious if you've heard any credible timeframes on
their reopening.

Thanks Peter.

~~~
proberts
Are you a US citizen? Because if you aren't, the process has been suspended
per proclamation; if you are, then it simply depends on when the Consulate
will reopen fully.

------
throwaway198273
The immigration specialist at our institution is strongly recommending that
new green card applications go through non-PERM categories, such as EB-1 or
EB-2 NIW, presumably because it will be harder to get this certification. Do
you have any opinions on this?

Also, do you expect USCIS to become more strict when it comes to EB-2 NIW
applications? Thanks!

~~~
proberts
I haven't seen any real changes with PERM yet but that's a valid concern if
unemployment remains as high as it is. That's a judgment call. Even with that
policy, I'd probably still pursue PERMs (as opposed to doing nothing) for
those who don't have strong NIWs. We've seen a tightening of NIW adjudications
recently (particularly for non-founders) so these need to be pursued carefully
and cautiously. The primary issue is on whether the applicant is doing
something or has certain skills that don't lend themselves to a PERM
application - that is, a test of the labor market - and this can be a tough
standard to meet.

------
anontn
I came on a TN visa and now have a E37 green card sponsored by my company
where I work as a software engineer. The GC was issued 1 year ago but I would
like to look at changing companies while still being in an SE role.

Is there anything I should be aware of with regards to citizenship if I should
apply in 4 years?

~~~
random42_
Anecdata: I have a couple of friends that switched companies as soon as they
got their green cards that are US Citizens now.

------
enigmatic0202
Hopefully this is within the scope of what you can cover: \- My employer will
sponsor my green card (EB3) which I'm hesitant to take given the lower
priority. I also don't want to be tied down to the employer. How flexible are
EB2 and EB1 criteria? \- I currently am on TN and have H1B (but haven't
activated yet)

~~~
proberts
That will depend in part of your country of birth. For many people, an EB3
isn't a long wait and at a minimum, establishes a priority (place in line) for
other green card filings for the same company or a different company. Whether
you would qualify for the other classifications will depend on the work that
you do and your qualifications: education, experience, and achievements.
Oftentimes, the EB3 is the only option.

------
mxschumacher
For most political conflicts I can figure out who would benefit and who would
lose if a given policy decision gets made. For a ban on immigration of highly
skilled workers I don't understand who benefits - it seems like a lose-lose to
me.

Can you explain the motivation behind preventing foreign engineers and
scientists from entering the USA?

~~~
manuelabeledo
Not a lawyer, but a visa holder.

Non immigrant visa holders cannot vote, and there is little benefit for
employers to actually go out and challenge the administration to protect them.

We are an easy target when it comes to populist actions.

------
ramadis
My country (Argentina) has a lottery(esque?) approach to giving work visas for
the US, so basically: even with company support, work visas are subject to
probability (~30% chance of getting it for a given year). Do you have
experience, or do you know, how companies handle hires from countries with
this methodology?

Thanks for doing this AMA!

~~~
conanbatt
It's not argentina that has a lottery, it's the US. Thats the H1B process.

That is also suspended for this year.

~~~
proberts
The next H-1B lottery will take place in March 2021. The proclamation
suspended the issuance of new H-1B visas; the lottery hasn't been affected and
those in the U.S. seeking to change their status to H-1B or extend their H-1B
status haven't been affected.

------
sarvesh0803
I am from India and a recent graduate from a top tier university. I have only
recently starting working (1 year so far) in the corporate landscape. What is
the best route / plan for me to get opportunities to work in Europe? How
flexible are the immigration policies of Europe for Indians?

Thank you so much for doing this!

~~~
Nesco
French here. I am really interested in why you find Europe attractive when
India has some big tech hub in Bangalore, Singapore nearby and the US with a
large Indian community. It seems to me that in every aspect Europe is less
interesting than one of these choices

------
praveen9920
Are there any changes done for US immigration laws during COVID? How would it
impact existing and future YC startups

~~~
proberts
All the changes really are limited to entry into/travel to the U.S. so if one
is outside the U.S. or inside the U.S. and hoping to travel outside, the
various travel bans and restrictions, etc. could impact one's ability to
travel/return to the U.S. Those same bans and restrictions generally don't
apply if one is in the U.S. And even with the bans and restrictions, many
visas aren't subject, including the B-1/B-2, E-1, E-2, E-3, H-1B1, O-1, and
TN.

------
vowelless
Question about E2 treaty countries.

If one is an E2 treaty country citizen, and starts a company in the treaty
country, how difficult would it be to create an American presence?

Could you go a bit more into E2 and how it could be used by start ups (if at
all)?

And also, could you go a bit into what an E2 treaty county citizen can do to
live/work in the US?

~~~
proberts
The E-2 is a great and really the best option for entrepreneurs if you have
home-country money to invest in the U.S. company and an E-2 can be used for
new U.S. companies with no employees - yet. If for example your citizenship is
French, then requirements for an E-2 are as follows: the U.S. company needs to
be at least 50% owned by French-owned companies or French citizens (who also
are not U.S. citizens or green card holders), a substantial amount of money
from French-owned companies or French citizens needs to be invested in the
U.S. company, a substantial amount of money needs to be spent by the U.S.
company in the U.S. on business expenses, and the U.S. company needs to have a
strong/clear business plan that shows likely job growth (the hiring of U.S.
workers or green card holders) over time.

------
ryanisnan
I'm a US citizen living and working in Canada. I work for an American company
as an independent contractor. I own a Canadian Company as a sole proprietor.
Given the space I am in, I have signed a BAA for HIPAA compliance with my
client. Would it be wise for me to change the corporation to an LLC?

------
_8091149529
My case: Presently in US on a cap-exempt H1B. Planning to resign from my
current position in a few months' time, and (eventually) relocate to another
country.

Q: Can I make use of the 60-day grace period to stay in US after I resign? I
don't need work authorization for this period.

~~~
proberts
Yes, you can take advantage of the grace period (although it's limited by your
I-94 admission period).

------
airstrike
Do you have any thoughts on H-1B renewals in the current environment? Usually
these require traveling outside of the US, but that's easier said than done,
so I wonder if there are any rumors of these working differently in the
upcoming application season

------
fantalamera
I had my O1 application approved by USCIS in early March. I still haven't been
able to visit the US embassy here in Sweden for the final interview - they've
shut down processing non-immigrantion visas due to COVID. Any idea when US
embassies will open up again?

~~~
proberts
No one really knows; appointments continue to be rescheduled and then
cancelled. Some Consulates are granting emergency appointments to those whose
interviews were scheduled before the Consulates closed.

------
loftyal
I can get an E3 visa, looking to move the US. I have a few online side
projects that generate some money, am I still legally able to work on these on
the side whilst working my main job? Bank account that im paid into and
business will still be registered in Australia

~~~
proberts
Not really unfortunately. While in the U.S. on an E-3, you can only work for
your E-3 employer; the source of the payment doesn't change this.

------
WrtCdEvrydy
Do you want to partner with someone in the tech industry to deliver some sort
of technology product?

Every time I talk to a lawyer, they always have some part of the system that's
failing them completely and working with them has always been enlightening in
a depressing way.

------
klaudius
Question about E-2 visa (investor visa)... If I create a US company from
abroad and start making money, can that revenue in US bank account be counted
as investment? Or should I transfer the money back home and then reinvest in
US business?

~~~
proberts
No, that would not count as an investment for E-2 purposes. The money needs to
be controlled/owned by a citizen of that country or a company owned by
citizens of that country and then invested into the U.S. company to be
counted.

------
dhruv123joshi
For a US based firm which way of Contract work is easy to do business with.

1\. Contract with W-2 Which requires TAX/SSN id. 2\. Contract work with a
Remote hire.(Off shore).

Does firms get any benefits for going route#1 ? Why staffing agencies are not
taking route#2 ?

------
aljgz
I'm an Iranian, working in Malaysia. If I get an offer from a US company, do I
have a serious chance of getting the export license and/or Visa?

Is this different across different companies Also, is this different for
offices in US vs outside?

------
on_h1b1
I have a SSN and I had a past job and past job visa in the USA.

In general, what is the purpose of the SSN and is there any use for the SSN?

With the context of H1B1, same question as above: Is there any use for the SSN
in the context of a new H1B1 application?

~~~
dandroidguy
SSN is your identity in US. Need SSN for getting a phone, car, house, etc as
well as bank accounts, credit cards and so it is pretty important. Not
relevant in context of new H1B except that the visa officer might expect it
given you had a past job visa.

------
alonsonic
Do you think it's a good idea to delay the application for Green Cards until
after November to understand better the political landscape and also hopefully
see a recovery of jobs given unemployment would affect PERMs?

~~~
proberts
That's a tough question because the answer depends in part on what your job
and background are, where you live, etc. but I don't think so. I'm generally
inclined not to make decisions based on what might happen (because so much is
just unknown) and instead proceed based on how things are now.

------
seshagiric
Is there a way to speed up naturalization process? is 5 years after GC
mandatory?

~~~
pandaman
There is: [https://www.uscis.gov/military/naturalization-through-
milita...](https://www.uscis.gov/military/naturalization-through-military-
service)

------
yangikan
Are we still having interviews for EB1-B during I-485 filings, given the
pandemic?

~~~
proberts
The local USCIS offices are first scheduling I-485 appointments for those
whose appointments were cancelled because of the office closures and even
though the offices are slowly reopening, we are still seeing approvals without
interviews.

------
ActsJuvenile
Hi Peter, what is your macro view on immigration trajectory in the coming
years? Do you expect the hurdles and wait-times to keep getting bigger, or do
you expect a softening should the presidency change hands?

------
tqi
What (if any) are the payroll/income tax implications of working remotely from
another cities/states for extended during the office closures? Does it also
impact stocks that vest during this time?

------
lord_sudo
Can you transfer your existing H-1B to your new company if the new company has
a board/co-founders who have the authority to fire you?

Edit: This assumes that you did preliminary work on a company while on an
H-1B.

~~~
proberts
Yes, it's possible to get an H-1B petition approved through a company you have
founded and own a substantial interest in. The question (for USCIS) is whether
it's a real business (that is, whether it has clients, products/services,
revenues, employees, etc.) and whether a valid employer-employee relationship
exists (that is, whether you can get fired). The existence of a board that you
don't control and can't control through appointments, the existence of an
employment agreement, etc. all can go to showing that a valid employer-
employee relationship exists - but USCIS has to believe this and not
infrequently doesn't.

------
gmanis
Hi Robert,

Thank you for doing this. My questions is if someone didn’t use their initial
H1B (1.5 years left), and left US, can they still use that without having to
go through the process from scratch ?

------
thatguy21991
Thank you for doing this! I

------
stayingintheus
I’ve applied for a position as a founder/ ceo for a venture incubated with a
VC. My OPT just expired and i’m on my grace period. Can they get me some sort
of entrepreneurship visa like the EB?

------
zinek
Hi Peter, EB3 ROW GC applicant with approved EAD/AP and pending I-485 here.
Are you seeing these types of GCs being adjudicated and/or interviews being
waived? Thanks for doing this!

------
rohindaswani
Hi Peter,

I'm an Indian citizen who's working with a startup in the Bay Area.

I'm applying for EB-3 (the company is applying) and EB-1 (through another law
firm) simultaneously. Are there any concerns with timing?

~~~
proberts
No. You can pursue both particularly since one (the EB1A) is likely being done
as a self-petition.

------
akshat_h
Does an approved H1-B extension necessarily extends the i-94 date?

If not, is the only alternative to leave the country, get a new visa
stamp(which is not possible till Dec 31, AFAIK) and reenter the country?

~~~
proberts
If it is filed with a request for extension of status and not consular
notification, then yes. The approval notice will indicate which and have an
I-94 attached at the bottom if an extension. If it's filed with a request for
consular notification, then you will need to leave the US and get a new H-1B
visa and then reenter to activate it. I assume that when you say extension,
you mean with the same employer?

~~~
akshat_h
Thanks!

Yes it is for the same employer. It will be with extension of status, and not
consular notification, AFAIK, so that clears up my situation.

------
thatguy21991
Hi Peter, I’m currently on h1b and my visa stamp on passport is from my ex
employer and is expired. Is it too risky to travel abroad? Will I still be
able to get a new visa stamp due to the visa ban?

Thank you!

~~~
proberts
It appears that you are subject to the ban on the issuance of H-1B visas so
you could be stuck outside for a while if you leave.

------
shkurski
Hi Peter. In your opinion, if the eligibility criteria for O-1 visa are
fulfilled shortly (<1 year) before the case is submitted, how would it affect
the probability of positive outcome?

~~~
proberts
Really not at all.

------
remote_phone
How hard is it to get an EB1 GC processing status if you have demonstrable
contributions to Open Source? Is there anything in particular that’s needs to
be down to let this go through?

------
canniballectern
Is it possible for a Canadian to work remotely for a Canadian company from
inside the US? For how long? Would this be on a B2 visa, since my presence in
the US is unrelated to my work?

~~~
proberts
Limited. It's permissible if you are truly just in the U.S. temporarily but
the longer you are in the U.S., the less credible this is.

------
throa2213
Is it possible to sponsor EB3 for the remote employee outside of the US who I
want to transfer to the US next year via L1? Any docs/articles that you can
point me to?

------
cacilds
What is the price for helping doing the Extend I-539 form? I`m am visitor who
having trouble getting back to my country, just need 2 or 3 months with my B1
B2 visa

------
svmanager
What strategies are companies using to make sure employees can stay working
through any sort of visa issues? Canadian incorporation? Other international
offices?

~~~
proberts
For those with global operations, temporary assignment abroad is often a good
solution. And sometimes, depending on the issue, another visa classification
can be a solution, such as an O-1.

------
scottlocklin
How as an American can I get into an EU country in current year? Is there any
loophole/procedure/test/bribe one can do to make this happen?

~~~
PopeDotNinja
IANAL, but am an American in the UK...

I can say w/ reasonable certainty that you can go to Ireland or the UK now, if
you can get a flight. You'll need to spend 14 days in quarantine. Good sources
of information:

\- US Embassy for the country you want to travel to

\- Expat groups on Facebook w/ personal reports on what does and doesn't work

\- [https://www.schengenvisainfo.com/](https://www.schengenvisainfo.com/)

~~~
R0b0t1
What about with no degree?

~~~
PopeDotNinja
Sorry, I should have been more specific. I was referring to travel, not
immigration. No clue about immigration.

------
drorco
Is there any resource you're aware of that makes accessible all of the current
immigration/permanent residence policies of countries worldwide?

~~~
proberts
I'm not unfortunately.

------
apineda
I'd like to make money off an open-source project that uses files from a
commercial games (legally) installed assets. Is this possible?

~~~
lucasmullens
I think this thread is intended for immigration legal questions, not just
general legal ones.

~~~
apineda
Oh ok. I'll delete if I can figure out how!

------
CraftThatBlock
I'm a Canadian with no degree, is it possible at all to work inside the US for
me? What about working for a US company remotely from here?

~~~
proberts
US immigration has no say over working remotely for a US company so that's
fine. Also, depending on your qualifications and field, there are visa
classifications that don't require a degree, such as an E-1, E-2, L-1, O-1,
and certain TN occupations.

------
rafikicoln
Hey Peter, thank you for doing this! Can you be a founder and/or have a side
business if you are in the I-485 stage of the GC?

~~~
proberts
Legally, yes, if you have a work card; just be careful that the side business
doesn't raise questions about the realness of the sponsored job.

------
justicezyx
How likely the political conflicts between China and US to affect the
immigration law (or enact specific laws to China nationals)?

------
paloaltokid
Do you think there is any chance that the current administration will try to
kick permanent residents out of the United States?

~~~
proberts
No.

~~~
paloaltokid
Thanks!

------
massimosgrelli
Can you share the basic text/structure for B-1 visas to attend an acceleration
batch in the Bay Area?

------
KerrickStaley
How much do you charge for an initial consultation?

(Serious question; I don't have a sense of how much things like this generally
cost).

~~~
proberts
Email me separately. Thanks.

------
innagadadavida
Policy question: do you support merit based immigration? Do you think this
will benefit the tech industry and the economy?

------
basicsbeauty
On H1/H1-B.

What are the options for starting a company?

~~~
yandie
You can co-found a startup with US-citizens/greencard holders. However, you
cannot own the majority of the shares since you own the board's decision :) -
as long as the board can fire you...

------
AmazingTurtle
What do you think about online immigration attorney services like self-
lawyer.com? Would you recommend such?

------
warmcat
Hey Peter, Thanks for doing this. How would a person on H1B file an O-1 visa
to start a company in the US?

------
beervirus
Does YC pay your standard billable rate, or do they send you enough business
to warrant a discount?

~~~
dencodev
Laughed at this - sounds like something a YC exec would post under an
alternative account even though I'm sure it isn't

------
dom96
What are the rights of someone on an L1 VISA in the US with regards to
starting up a business?

------
Nydhal
How would it be possible to work for your own company while on STEM OPT?

------
leahey
Attorney here (tax and tech). Would love to help. How can I get involved?

------
mavelikara
Can a "remote only" company file PERM for one of its employees?

~~~
yandie
Yes, any company can file PERM for even non US-based employees (they'll have
to go through consular processing and they might not be able to travel to the
US in the meantime until the visa is done processing since they have expressed
immigration intent).

------
kiliantics
I have been working on F-1 OPT for the last 16 months or so at a startup and
they recently applied for my H1B. We haven't heard back from USCIS yet on
whether it was approved but, given Trump's recent ruling on H1B visas, I have
no idea if that will happen at all now. As I understand, the process of being
approved isn't affected, it's just the process of getting the actual visa
itself at an embassy? And given my existing status, it's not clear that I am
affected by the suspension. Either way, I still have about 18 months of OPT
left, so I am assuming that I would be safe to come and go on my F-1 visa even
if the H1B is suspended. If I were approved, I believe I could collect the
visa in the future once the suspension has ended. Is this a reasonable
assessment of how this works or am I way off the mark?

There are a number of people I know in similar situations and no one seems to
have a straight answer about what our status is.

~~~
proberts
You are correct, the pending H-1B petition is unaffected by the latest
proclamation/H-1B visa ban; it only applies if and when you want to apply for
an H-1B visa at a US Consulate abroad. And yes, you can travel on your F-1
visa while the H-1B petition is pending or even after it is approved; this
just means that you might to leave the U.S. at some point and apply for an
H-1B visa to "activate" your H-1B status. But make sure to check with your
company's attorney because your ability to travel on your F-1 visa could be
compromised if and when the H-1B petition is approved if approved as a change
of status.

------
dandroidguy
Is it okay to monetize on a mobile app while on H-1B visa?

------
catsarebetter
Should we still be a delaware c corp or has that changed?

------
huy-nguyen
In the latest EO, the Trump administration mentioned changing the H1B program
to protect American jobs better and transitioning to a merit-based system.
There may not be enough time to make that happen but I imagine some sort of
immigration reform along those lines will happen if Biden wins the next
election. What reforms do you expect to see to the H1B program and employment-
based green card? How should current H1B visa holders do to prepare for those
changes?

------
ishan_chhabra
For seed stage startups (< 10 employees) filing H1-Bs, what kind of approval
rates have you observed in the last 1-2 years? (Given the USCIS crackdown
under the Trump administration).

Are you seeing a change in approval rates after the recent USCIS-ITServe
settlement for startup H1Bs?

~~~
proberts
The chance of approval really isn't tied to the size or reputation of the
company but more to the job and the individual's background and we're seeing
high approval rates where the job is clearly an H-1B job (such as a software
engineer) and the individual has a related degree (such as computer science)
even for small startups. The real challenge comes with filing H-1B petitions
for founders/those with significant ownership interests.

------
nvr219
what do you think of pg's essay?

------
ameen
Is Trump’s plan to bring merit-based immigration going to affect country-based
quotas?

~~~
digianarchist
The RAISE act doesn’t touch country quotas for employment based Green Cards.

In fact on my reading it implements a cap for spouses and children for family
based immigration.

~~~
ameen
Thank you. My question was in response to this development:
[https://www.youtube.com/watch?v=pk7iQtad2Qo](https://www.youtube.com/watch?v=pk7iQtad2Qo)

Didn't know it referred to the RAISE act.

~~~
digianarchist
Nobody knows what this is but it’s likely RAISE plus some amendment for DACA.

It has to go through Congress though so take it with a pinch of salt.

------
serniebanders
I'm not sure if this is the right forum to ask, but I thought I'll try because
I couldn't find much information online.

My neighbor is a really nice undocumented immigrant family. The family has 2
hard working kids who used to tutor others kids in the neighborhood to make
income. They are now suffering because they don't have work and they need
help. I have been giving them a monthly stipend to help them pay for food and
rent. (2k / month).

I'm thinking of starting a non-profit charity so I can write off the money I'm
giving away as donations.

Question is, are non-profit charities allowed to help undocumented immigrants?
Or are American non-profits meant to help Americans only?

\---

(Update based on answers) There are alot of wonderful charities that do these
kinds of work. I specifically just want to help the undocumented immigrants I
know (like my neighbors). It may be seen as unethical if I simply donated to a
charity and asked them to use the money to specifically help my neighbors.

So I plan to start my own NGO to specifically help my neighbors first and then
eventually other people around my local community if I get more funding.

Giving cash money to help them is okay if we make sure 100% they are not doing
any work for me (or my org).

In case you have the same idea, hope these info helps you make your decisions.
Thank you @proberts!

\---

Update 2: Changed wording from illegal immigrants to undocumented immigrants
so thread can focus on the right topic.

~~~
proberts
There is no restriction on helping illegal immigrants (a lot of charities do
this); the issue is paying them for work done since they don't have work
authorization.

~~~
onetimemanytime
aren't you "harboring" them, as far as the law is concerned?
[https://www.law.cornell.edu/uscode/text/8/1324](https://www.law.cornell.edu/uscode/text/8/1324)

[https://www.disciplesimmigration.org/wp-
content/uploads/2017...](https://www.disciplesimmigration.org/wp-
content/uploads/2017/02/Harboring-Memo.pdf)

"Harboring is conduct that substantially facilitates an immigrant’s remaining
in the U.S.illegally and that prevents the authorities from detecting the
individual’s unlawful presence. (U.S. Court of Appeals for the Second Circuit)

Harboring includes affirmative conduct such as providing shelter,
transportation, direction about how to obtain false documentation, or warnings
about impending investigationsthat facilitates a person’s continuing illegal
presence in the United States. (U.S. Court of Appeals for the Third Circuit)

Harboring is conduct tending to substantially facilitate an immigrant’s
remaining in the U.S. illegally. (U.S. Courts of Appeals for the Fifth
Circuit) Harboring is conduct that clandestinely shelters, succors, and
protects improperly admitted immigrants. (U.S. Court of Appealsfor the Sixth
Circuit)

Harboring is conduct that provides or offers a known undocumented individual a
secure haven, a refuge, a place to stay in which authorities are unlikely to
be seeking him. (U.S. Court of Appeals for the Seventh Circuit)

Harboring is conduct that affords shelter to undocumented individuals. (U.S.
Court of Appeals for the Ninth Circuit)"

(Could always say didn't know-- don't ask don't tell)

