
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA - proberts
It&#x27;s 9 months since the last thread, so time for another. 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 2.5 hours and then again at around 11:30 am for another 2.5 hours.  As usual, there are countless possible immigration-related topics and I&#x27;ll be guided by whatever you&#x27;re concerned with.  Please remember that I can&#x27;t provide legal advice on specific cases for obvious liability reasons because I won&#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!<p>Edit: I will be signing off now but checking in throughout the weekend for questions and comments I might have missed as well as new questions and comments.  As always, it&#x27;s been a pleasure and great learning experience for me.  Thank you.
======
pain_perdu
Just wanted to vouch: Peter has helped me successfully obtain 3 complex visas
over the years and has been equally successful getting visas for numerous
friends.

Cannot recommend highly enough.

His advice has always proven solid as well.

~~~
proberts
Thank you!

------
laurieg
A slightly frivolous question but I'd like to hear your opinion.

If you were to design an immigration system from the ground up, how would you
do it? How would you decide who gets work visas etc?

I deal with immigration to Japan a fair amount and while I feel the system is
relatively favourable for workers it can be extremely capricious and opaque.

~~~
mikekchar
I'm curious what problems you've seen with the Japanese immigration system.
Every time I've had to do anything it's been literally a rubber stamp type
affair. I admit to not having to deal with any grey areas, though. I've always
obviously fit the criteria for the visa.

~~~
a_t48
Here's an example I ran into - the Highly Skilled Professional visa has a
hidden requirement of being eligible for one of the other visas, first. This
requirement is only expressed (as far as I know) in internal memos given to
the immigration offices and not posted anywhere in the English language
internet. So, if you don't have a degree, you can be eligible at first glance
for an HSP visa (due to a combination of age and countable years worked) but
ineligible to actually get it, due to not having 10 years of countable
experience.

Edit: It's also not clear at first glance what counts as "work experience" \-
if you have first and last paycheck + contract it's easy, but if you don't
it's fuzzy. Open source or hobby programming is no good.

------
philip1209
What should founders of VC-funded startups with no previous exposure to the
immigration system know about sponsorships and associated costs while hiring?

~~~
proberts
First, make sure to ask the right questions during the hiring process so that
you know, without crossing any discrimination lines, whether a candidate
requires "sponsorship" and second, establish a relationship with an
immigration attorney so that you can bring good candidates to his or her
attention to determine whether sponsorship is possible and worthwhile.

~~~
philip1209
Is it generally ok to ask if a person has work rights in the USA?

~~~
proberts
The permissible questions are as follows: Will you now or in the future
requirement immigration/visa sponsorship to work for us? If the candidate
answers yes, then you can ask about his or her immigration status. If the
candidate answers no, then you can't.

------
martin_
Hi Peter, thanks for doing another AMA! I've been on an O-1A visa for over 6
years (from the UK), I currently half way through a 2 year extension and
starting work on by EB-1 now. Have you noticed a significant change in
adjudication, processing times or anything else of note in the area? What
parts of the petition do you find get most scrutiny / are most important?

------
jamonjamon
Hi Peter — thanks for doing this!

I'm from the UK, working on a startup with a friend in the US (who is a UK
citizen also, but immigrated to the US via their spouse).

Based on my research I'm considering applying for a B1 visa as a low friction
way to have easy access to the states for months at a time, to collaborate on
the startup in person. I have a few questions:

\- Based on this information, is that a path you would recommend? We haven't
incorporated yet, but will likely incorporate in the UK first, however any
input is welcome.

\- Thinking medium-long term, do you know if it's looked down upon by border
agents to continually re-enter on a B1 visa? (e.g. multiple 2-3 month trips a
year)

\- While doing this, I'd may continue to do some work for a UK company to keep
my personal cashflow rolling. That would be as a UK based employee, with UK
based payroll etc. Would you imagine that to impact a successful B1
application?

Finally, is this a type of application you'd consider taking on? Thanks again!

~~~
proberts
While the B-1 would allow you to engage in certain business activities, such
as setting up the business, meeting with potential investors and clients,
etc., it wouldn't allow you to do "productive" work in the U.S. And yes,
frequent travel to the U.S. as a B-1 visitor can raise questions with CBP
about what you are doing (whether you are you working without authorization in
the U.S.) and where you are living (whether you are residing in the U.S.) and
cause significant problems. And yes, we handle these types of matters all the
time. At a minimum, we could give you a lay of the land.

~~~
thewinnie
I have a similar situation. So can you elaborate, please?

> whether you are you working without authorization in the U.S.

What is the proper definition of "working"?

If I do stuff for my own business and my business has a revenue, what's wrong
with that from a CBP perspective?

Every time I cross the board I'm getting strong recommendations to get E2 or
L1-A but they both have some limitations which I don't know how to overcome (I
need to travel regularly back and forth and my country does not have mulity
entry E2 visas)

~~~
proberts
Essentially, the definition is providing a service/benefit to an entity or
person in the U.S. while in the U.S. and receiving something of value in
return. So, broadly speaking, this appears to encompass what you describe.
What exactly are you doing when you are in the U.S.?

~~~
thewinnie
To be more precise I'm a founder and CEO of the entity in the USA, and I'm do
all the business only as an entity.

What do I do:

Usually, I have rounds of meetings with companies who are looking for the
software development team in East European countries. Each deal takes 3-4
months to make and basically thats why I need to travel back and forth (there
are might be some problems with a client in the USA or with engineers abroad)

~~~
whenchamenia
Sales, what you just described, is a pretty clear cut case of exchanging
value.

~~~
thewinnie
Yeap, And that's what business visa is for - exchanging some information.

------
practicium
Hi Peter, thank you for doing this.

Have you read about the recent pushback to the reduction from 5 years to 15
months for the duration of E-2 visas delivered to French citizens? (revision
of reciprocity schedule: [https://fr.usembassy.gov/visas/nonimmigrant-
visas/treaty-tra...](https://fr.usembassy.gov/visas/nonimmigrant-visas/treaty-
trader-investor/))

In your opinion, is this reduction going to be confirmed ? If so, will it also
impact the duration of E-2 renewals ?

Thank you

~~~
proberts
It's already done and will impact E-2 renewals as well.

------
smitshah0014
I'm currently on the H1B visa but would love to start my own company at some
point and given that I'm an Indian national, I'm probably never getting a GC
through the EB2/EB3 category. What are some of the visa options for someone
like me who wants to start a business?

~~~
proberts
The approach is going to be very fact-specific so it's hard to say in general
(and probably requires a phone call) but the options that many
entrepreneurs/founders pursue are a concurrent part-time H-1B through their
own company or an O-1 through their own company, although both of these come
with their own issues and challenges.

~~~
myth_buster
@proberts could you share some resources on visa/immigration (and related
gotchas) that would be helpful for folks on H1B planning to start their own
startup.

------
old_dreamer
Thank you very much for doing this. Throw away account for obvious reason. In
the US now; Originally from Taiwan/ROC. 40 years old. Basically Dreamer
category but not young enough to qualify for DACA. Missed 245i as I was young
and didn't paid attention. Didn't finished college. Other than my status(can't
leave the country, can't fly easily in late 2020) doing pretty well in tech.
Talked to many lawyers and doesn't sounded there is anything I can do right
now. EB-5/E2 could be possible but not guarantee(risk vs reward). Anything
else I should be looking into?

~~~
proberts
When did you initially enter the U.S. and in what status?

~~~
old_dreamer
Have maintain physical presence since ~1990.

There are no record of my crossing to the best of my knowledge.

It's cathartic to just write it out...

~~~
proberts
Do you have family in the U.S.? What's their immigration status?

~~~
old_dreamer
Thank you sir!

My uncle/aunt (us citizen) claim guardianship but that "status" end when I
turn 18?

I don't have any status since.

Still have us citizen aunt/uncle but no immediate relative with status.

~~~
proberts
Then there doesn't appear to be anything that you can do right now
unfortunately.

~~~
old_dreamer
Thank you Peter for your time.

------
godelmachine
Hi Peter

I have been checking for this thread for almost weeks now. Glad you are back
:)

My father is a naturalized US citizen. He got naturalized in October 2018 but
he had filed for my Green Card in November 2017 itself. He told me I should
get my GC by mid-2022, if everything goes right.

Based on current wait times, do you think I would get my GC by mid 2022? I
would like to know your estimate.

Can you think of any political scenario that might affect my application?

Thanks a lot for this thread and effort.

~~~
proberts
Have you all notified USCIS that your father is a US citizen now?

~~~
godelmachine
Yes, he's hired an attorney and I think that might be done. He had this pledge
of allegiance ceremony in October 2018, so most probably the USCIS knows as
well.

I ask him to ask the attorney if any changes needs to be done to my
application after he became a US citizen. The attorney replied no.

PS - I am born and brought up in India. 30 years of age. Never been to US.
Postponed my marriage plans since father said I would get GC in 2022 if I stay
unmarried, it may fall to 2027 if I get married (He's insisting me to get
married now, BTW)

~~~
proberts
I still would have your attorney make sure that USCIS knows that you are now
being sponsored as the son of a US citizen.

~~~
godelmachine
WhatsApped father if USCIS knows he's a US citizen. He replied 5 min ago -
"USCIS gave me citizenship and one of their officers gave me oath."(sic)

~~~
proberts
That's different from notifying the adjudicating arm of USCIS.

~~~
godelmachine
I got the point now. Updated the correct question to my father. I will make
sure he gets in touch with attorney next week over this.

However, would you please advise on how long it would take for me to get my
GC, in your fair estimate? An approximation would do. Also, any political
change that might affect my application?

I am born and brought up in India. 30 years of age. Bachelors of Engineering
degree with 3 years of work ex in IT. Unmarried yet for GC.

~~~
proberts
2022/2023

~~~
godelmachine
Million thanks for this, Peter :)

------
rococode
I'm at a very early stage startup and am preparing to make my first hire in
the next couple months. To me, it would be ideal if I could consider people
who aren't US citizens or permanent residents. But, given how often I see
small-mid sized startups saying, "sorry but we can only hire US citizens/green
card holders", it seems there are a variety of reasons (that I don't fully
understand) that this may not be feasible.

Could you share some thoughts on what particular challenges there are in
hiring people who do need visas, and if it's possible or reasonable for a very
early startup with limited time and resources to overcome those challenges?

~~~
proberts
It's absolutely possible from an immigration standpoint (really no different
from a large company) so I would definitely not shy away from hiring foreign
nationals at all. However, depending on the visa type, there could be wage
requirements and sometimes those can be a challenge for new companies.

------
neivin
What do you think of the "country of origin" segregation vs. citizenship.

I was born in India and raised in Canada. I'm never going to get permanent
residency in the US based on employment.

Is the best bet just to get married to an American?

~~~
proberts
Yes, that is fastest way since there are no quotas but I'd also recommend
looking at the EB1 category because even though it is significantly backed up
for Indian nationals, it's still a lot faster than the EB2 and EB3 categories
and oftentimes within reach of talented professionals.

~~~
gnulinux
Wouldn't one need a PhD or a similar degree for EB1?

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

I'm a Mexican currently going through the Green Card process, In the part
where Form I-140 has been approved and form I-485 will be filled in October
according to the company I work for lawyers.

Over the past 3 years, there have been layoffs in my department around October
(start of Fiscal Year), last year the company let go key people that otherwise
nobody ever suspected they would be laid off. I'm concerned this year I may
get laid off, if that were to happen, how would my green card process be
affected, considering I'm still holding a valid H-1B visa?

~~~
proberts
Is this a company-sponsored green card application? If it is, then protections
won't kick in until you have filed your I-485 application.

~~~
godelmachine
May I ask what happens if its a family sponsored application?

------
Myrmornis
Hi Peter, I'm a UK citizen who has held a E26 Green Card for 1yr 9 months. My
partner (US citizen, we are not married) and I both have remote jobs and we
are switching between working 2 or 3 months remotely in Europe then 2 or 3
back working remotely from locations in the USA. Do I need to worry about this
pattern of movements?

So approximately 50:50 split between US and Europe, but not more than 3 months
at a time outside US, usually more like 2. We do not own property anywhere,
nor do we currently have permanent rented property. She has family in the US,
I have family in the UK.

~~~
proberts
You should be able to do this and keep your green card but you definitely
should consult with an attorney.

------
dferm
Mr. Roberts, I appreciate your time.

My wife is a US citizen and I only have a US tourist visa. We want to move
stateside. As her earnings for the last 3 years do not qualify her as a single
sponsor, we wanted to use cash assets. How do we show proof of cash, and what
are the stipulations? Is it a bank statement from my bank in my home country,
do we have to deposit it in a bank in the US? Is there a time stipulation of
how long the account has to be opened prior? I understand that my salary
doesn't count, although it would meet the requirements.

~~~
proberts
Your salary can be used to meet the financial support requirement (but
definitely consult with an attorney before applying because there are other
issues that you need to be aware of as well since you are here in visitor
status).

~~~
dferm
We want to move stateside, and should we move the money to the US should have
been clear Can you please answer this? How do you show strictly cash assets if
you need to on a visa application if you don't live or work in the US.

------
curious12355
Hi Peter,

I'm a Canadian permanent resident (Australian citizen/passport) I have a valid
B1/B2 visa which allows me into the US for 6 months at a time, but obviously
no work permitted. I have questions about what constitutes "work" and I don't
want to break the rules.

1\. I have published some books, and have hard copies of them I bought. Am I
allowed to physically sell those (for profit) while I'm in the US?

2\. If I give talks in public venues (community halls, etc.), can I charge
admission for porfit? What about "admission by donation?"

Thanks very much!

~~~
proberts
1.) Really no but someone else on your behalf could. 2.) You can't charge
admission but people could make donations to a third-party non-profit.

------
tkmo
Hi Peter,

I was brought to the US as a child in 2001, my parents applied for permanent
residence, were declined, but stayed anyway. I was then deported in 2008 after
being arrested for petty shoplifting then reported to ICE. Was also arrested
for a couple of other things around this same time (shoplifting, fighting) but
never convicted of anything serious (I was a problematic teenager). Upon
deportation I was initially given a 3 year bar, since I was deported about 8
months after my 18th birthday.

Since then, I have lived in my homeland in Europe, and am now almost 30 years
old, and have had a clean record the past 11 years, except for one stupid
incident in 2016 where I got in a street fight and got a common assault
conviction (no jail time, just a few hours community service).

My dad is still in the USA (undocumented). I have worked in technology for the
past 11 years, CTO of my own startup. My question is, what are the odds of
receiving a US visa to visit, given my transgressions as a teenager (and very
stupid mistake 3 years ago)? It seems I am not ineligible under the crimes of
moral turpitude clause, and my bar for overstay was up years ago, but I can't
imagine my varous misdeeds make for the best impression.

Unofficially if I were to apply for something like an E-1 (which, I understand
would require investing significant money in the USA) would that increase my
odds?

Are there any steps I can take to make it likely in the future that I can
receive a visitor visa?

Thanks for your time.

------
ebg13
Hi Peter,

my wife is a foreign citizen currently on an OPT F-1 extension who travels a
lot for research and conferences as she's a historian who works on other parts
of the world.

We've been told that traveling during a green card application without urgent
family circumstances basically voids the process. Is that true? Is there a
safe way for her to be able to continue research travel while a green card
application is in process or will it require her giving up archive trips for
an unspecified amount of time?

~~~
proberts
It only voids the process if she travels after she has filed an I-485
application and has not received an advance parole travel document before
traveling. But traveling on an F-1 visa after an I-140 has been filed, while
it doesn't result in cancellation of the I-140 petition, is also risky.
Definitely, consult with someone before you or she commence the green card
process.

------
betocmn
Is there any country you think is doing a better job than the US in terms of
skilled migration policy?

edit: typo

~~~
proberts
That's a great question. I really don't know but I'd be interested to hear
back from others. I know that early on in the current administration, Canada
seemed to go out of its way to attract talent and investments.

~~~
betocmn
I've been tracking the Australian and Canadian systems for the last ~10 years,
and it seems they keep learning from each other and making adjusts
accordingly.

Both countries use a points-based immigration system[0], so there's much more
flexibility in adjusting for specific skill shortages or regional areas.

[0]: [https://en.wikipedia.org/wiki/Points-
based_immigration_syste...](https://en.wikipedia.org/wiki/Points-
based_immigration_system)

~~~
mattm
I'm Canadian and my friend got PR within 3 months because of the points system
(Masters, fluent English ability etc.)

In comparison when I sponsored my wife for PR in Canada it took about 13
months.

I'm now going through the Green card process in the US employer sponsored and
it looks like it will take 2 years.

~~~
mikekchar
It's funny you say that. I'm Canadian and my wife is Japanese. She wanted to
live in an English speaking country to help with learning English. It was
much, much easier for me to get an Ancestry Entry Permit in the UK (my
gradfather was English) and sponsor my wife (immediately, with the right to
work and with NHS health coverage almost immediately) than to sponsor my wife
to Canada. Absolutely crazy. I've heard it's slowly getting easier, but it's
really shockingly bad. When I got my spousal visa to Japan, I applied and
received it (for free!) 1 week later.

------
gtbcb
Hi Peter - Thanks for taking the time to answer some questions! I've got some
UK related questions... I hope they are factual discussion-related enough :-)

In order to sponsor people in the UK, a company must designate an Authorising
Officer (AO) ([https://www.gov.uk/uk-visa-sponsorship-
employers/sponsorship...](https://www.gov.uk/uk-visa-sponsorship-
employers/sponsorship-management-roles)). I'm under the impression that this
person is mostly a figurehead that signs off on things because the UK needs
someone at the company to hold responsible, but that an immigration law firm
handles pretty much everything immigration related as Key Contact and Level 1
User. What are your thoughts on how much it matters who the AO is? Eg must
they be a manager?

Secondly, there's ambiguity about whether the AO has to be a UK citizen. After
reading a good bit online and speaking with an immigration law firm, I don't
think this is the case. Do you know?

Next, there are transparency concerns about designating someone as an AO. From
what I understand, they would be able to see salaries of other people in the
UK and some company financials (but nothing major that's not already shared
with the UK and available on websites). Do you know what concerning info is
shared with an AO?

Lastly, I know Brexit in theory complicates getting things setup to sponsor
people in the UK, but should that prevent a company from working through the
process over the past 12 months and for the upcoming 12 months? I doubt things
are at a screeching hault at the UK "Home Office".

Any thoughts are appreciated, thanks!

~~~
matthewheath
The AO does not have to be a UK citizen, no. If such a requirement were in
place, it would be made clear. They do need to be based in the UK, though, as
well as meet all other criteria outlined by UKVI.

The AO should be the most senior person involved in all recruitment of migrant
workers. In this case, it is usually a manager, yes.

Where are the transparency concerns coming from? What information would you
NOT want an AO to access?

It’s impossible to say whether Brexit would impact this. In theory, no, but if
the UK leaves without a deal, EU migration would be affected. Non-EU migration
would remain the same.

Let me know if you have any other questions.

------
dreamer77
Hello Peter,

I am a DACA recipient working in tech for 4 years now. I was wondering what is
the best route for citizenship.

Also, due to my status will I have any issues trying to start a business?

------
dmix
Do I need to visit the US border day-of to get a TN-1 visa as a Canadian
citizen? My immigration attorney in SF said I did but I've had other people
tell me they got it ahead of time.

This sounded a bit crazy to me, I'd have to pack all of my stuff in my
apartment and hope I get a T1 when I arrive at Pearson airport in Toronto? And
if not I'll have to find some place to stay.

~~~
mabbo
I'm not Peter Roberts, but I have received pre-approval on a TN-1 before.

My company's lawyers went through all the "yes this person _does_ deserve a
visa" stuff for me ahead of time. When I got to the border crossing (also at
YYZ Pearson) I had paperwork that made it a much faster process. I'm comparing
this to the previous TN-1 I had which required a lot of questioning, waiting
around, etc. If you've got the extra time, I really recommend trying the pre-
approval route.

The guys at Pearson are absolutely humourless[0], but they're just doing their
job. Neither time did they play any games or use trick questions to try to
deny me. (I've heard the ones at the Vancouver land crossing sometimes does).

[0] I make jokes when I'm nervous. They did not appreciate that.

~~~
brd529
There is a large fee (~$5k iirc) to apply for a TN by mail. The fee for
applying at the border is around ~$100.

------
anontang
Hi Peter,

Thanks for doing this!

During my second to last semester of undergrad, I unknowingly violated my F1
status. After graduation, I applied for my post-completion OPT. My school then
found out about my violation and terminated my SEVIS record. They said I can
work with an attorney and complete the I-765 form while my SEVIS record is
terminated. I want to know if it’s possible to get my EAD card if I do this?

Thank you

------
more-entropy
Hi, Peter.

\- is it possible to get a work permit (and what kind of visa) for a non-
graduate person, but with a 20 years of experience? (IT)

\- if it is, what kind of confirmations should i provide along with my
application?

\- as far as i know, even if i get a visa, i couldn't get a green card without
at least a masters degree. Is it right?

~~~
proberts
1 & 2) Yes. This depends on the type of visa but for an H-1B, where a degree
is required, you could get your experience evaluated as the equivalent of a
bachelor's degree and that would be sufficient. 3.) That's not correct. It
depends in part on the green card category but we get green cards for people
without any tertiary education all the time.

~~~
more-entropy
Thanks a lot.

------
holler
Hey Peter,

I have a startup project (c-corp via stripe atlas) and I have a developer
interested in working with me.

Developer is a citizen of Mexico and currently works for FANG company in
Washington State on TN Visa.

What would be the most ideal approach to having this person work with me on
the startup project (equity-only 1099 contractor)?

I have learned that one can get a 2nd TN Visa, but we're unsure if the primary
employer would be notified? Since it's on nights/weekends, it shouldn't be
employer #1's business, but at the same time I don't want this person to risk
their immigration status.

Additionally I'm unsure how a 1099 for a c-corp, equity compensation only,
qualifies?

Would it be easier to just work in quiet for the time being until working on
the project full-time is a reality?

Thanks!

~~~
filoleg
>Since it's on nights/weekends, it shouldn't be employer #1's business

I agree that it shouldn't be their business, but I would be careful with
making a broad assumption like that. That applies to everyone regardless of
their immigration/citizenship status.

As discussed in another thread yesterday [0], at least one of the FANG
companies (Google) owns all the code you write while employed by them, even if
it is written completely on your own time using your own resources and doesn't
bring any revenue. It's a bit more complex than that, but, that's the gist.

0\.
[https://news.ycombinator.com/item?id=15592968](https://news.ycombinator.com/item?id=15592968)

~~~
holler
> at least one of the FANG companies (Google) owns all the code you write
> while employed by them

this is absolutely insane and shouldn't be legal.

~~~
filoleg
Fully agreed. Too bad that the recent antitrust action against Google that has
pretty much all the states in on it (minus 2) + DC + Puerto Rico excludes CA
specifically [0]. Tells a lot about how much CA actually cares about fairness
and "fighting for the little man", as opposed to just straight up virtue
signaling.

0\.
[https://news.ycombinator.com/item?id=20920731](https://news.ycombinator.com/item?id=20920731)

------
pizzaorchestra
Hi Peter, hopefully a simple one: if an employee on a valid L1A work visa had
to resign, is there a grace period after the last working day of employment to
wrap up affairs in the US, or would they be expected to leave on or before
that date? Thanks in advance

~~~
proberts
There's a 60-day grace period.

~~~
pizzaorchestra
Thanks for the quick reply, much appreciated - just to check, that grace
period would have no effect on future applications / imply unlawful presence?

~~~
proberts
That's right, no impact.

------
avmich
Can you comment on this question -
[https://news.ycombinator.com/item?id=17175857](https://news.ycombinator.com/item?id=17175857)
? Basically, how to immigrate to USA being aerospace entrepreneur?

~~~
proberts
That's tough because of ITAR. Essentially, the company/investors would need to
be okay with limiting his access while he applies for a green card but the
green card process is very slow now even for EB1s so it could be a couple of
years before he has a green card.

~~~
avmich
Thank you. Now where to find such investors is another story...

~~~
whenchamenia
Most large aerospace firms have experince with this and are willing to wait
out the process for the right person. That said, the bar for the 'right
person' is much higher generally, even if it should not be. The bigger the
company, generally more 'fair' the hiring. Ymmv.

------
neom
I asked you this once before (and thank you kindly for the reply) - has there
been any recent tightening around TN that you've noticed? Has anything changed
in the process in the past few months as the new frameworks still isn't
adopted?

~~~
proberts
Actually, in my experience, the TN process seems to have settled down again
and we really haven't had many issues in a while.

------
anon1872
Hi Peter,

I aim to apply for YC. I'm German. I have some questions regarding visas:

1) What kind of visa would I need for the three month program time? And how
early in advance do I have to apply for it (i.e. do I have to apply before I
know if I get accepted at all)?

2) What kind of visa would I need if I wanted to stay after the program (or if
I don't get accepted, to start the company in the US)? From what I read an O-1
visa might be the best option, is that correct (I submitted my PhD thesis and
have relevant publications, but won't get the official degree until mid next
year)? How long in advance do I have to apply? Do I have to found the company
first?

3) How much (approximately) will that cost?

Thanks!

~~~
proberts
Regarding 1), there is no one visa that applies to all but information will be
provided about this during the process. Regarding 2), an O-1 is often the visa
of choice for founders and most of those with PhDs (or near completion of
their PhD) can make a good case for O-1. An E-2 also can be a good option.
Regarding 3), please email me and I can give you the range that attorneys
charge for O-1s.

------
stokedmartin
Peter, Thanks for the AMA! Some of my friends have been denied work visa at
the time of their interview even though their joining offers were from the big
four. Given your experience, what are some of the things which have changed in
the visa approval process since 2017? I am specifically referring to H1-B and
L1 visas. I hate to believe that the process would simply increase the number
rejects on baseless grounds just to limit the number of visas granted; yes, it
may be true that USCIS are giving details like job duties a closer look to
ensure if the applicant qualifies for a visa or not.

------
winniecluk
Are you familiar with immigration to countries other than the US? I have been
working in this country as a web developer for the past 2 1/2 years now; I
have American and Hong Kong citizenship. (I would be willing to renounce one
of them). I was thinking of eventually working in New Zealand or Japan and
possibly settling down there as well. I was wondering how difficult it would
be to secure employment in my field there and to get a work visa and/or
citizenship eventually. Do you know of any other countries where this process
would be easier than average?

~~~
mikekchar
I can give you some info on working in Japan. I'm not a lawyer and I also
haven't done any of this (I live in Japan on a spousal visa). However, I'm
relatively familiar with the rules. I have a consulting company and at one
point I was considering bringing in someone -- in the end I decided it was too
risky financially and gave up.

One thing I will say up front, though: you need a bachelor's degree from a
recognised university to have any chance of working in Japan normally. If you
don't have one, that will have to be your first stop. This will help for
getting visas in practically any country.

Anyway, here's what I learned at the time. If you have a university degree in
an "engineering" field and can get a job offer for an IT job, you can fairly
easily get sponsored by a company. There are some big companies, especially in
Tokyo and Osaka that regularly hire foreigners (Rakuten is probably the
biggest, but there are others). There are also a lot of US companies that do
development in Japan. If you get a job for one of those US companies and work
for them for at least a year, you can get an inter-branch transfer visa (I
forget the Japanese) to work in Japan. Since you have American citizenship,
that's a relatively easy way to get into the country -- you just need to join
large companies that do development in Japan. There are also some big Japanese
companies that have offices around the world: Hitachi is a big one, but for
example, I have a friend who used to work for Square-Enix doing IT work in the
UK.

Finally there is a points based system. If you are hoping to live in Japan
long term (without a family member who is a citizen), this is by far the best
route to go. [http://www.immi-
moj.go.jp/newimmiact_3/en/pdf/171110_point_c...](http://www.immi-
moj.go.jp/newimmiact_3/en/pdf/171110_point_calculation_forms.pdf) You need 70
points to qualify, which is fairly difficult, depending on your age and
accomplishments (best return of points for time invested is probably a
Master's degree, which will give you 20 points... If you apply yourself, you
can probably pass JLPT N1 language test in 2-3 years which will give you 15
points -- after that, you need to make sure to get a high salary). The main
advantage to this system is that it's gives you a fast track into permanent
residency for you and also allows you to sponsor family members.

Finally, for citizenship, it's really just a matter of time. If you stay
continuously in Japan for 10 years, you can appy. You would have to renounce
_all_ of your other citizenships, though, so it's a big deal. You also need to
show that you can fit in well in Japanese society. This is through a series of
interviews as well as a written essay that you have to do. There is a lot of
hoop jumping, but if you are unhappy jumping through hoops, then you are not
Japanese :-)

~~~
winniecluk
This is _extremely_ helpful. Thank you!

Do you know what would count as a recognised university? I do have a
bachelor's, but at a UC that is not UCLA, and in an area of study that has
nothing to do with my current work. I have been thinking about getting a
master's in physics or mathematics -- would either count as an "engineering"
degree?

I'm currently full-time contracting for a subsidiary of a Japanese company;
however, I'm in their motion pictures division, which I'm pretty sure is
solely based in the US unfortunately. I don't know if it would be possible to
get a transfer to another subsidiary with locations in Japan or how I would
even try without stepping on someone else's toes. I'm also hesitant to ask my
immediate supervisor for transfer information as a contractor and I'm not
optimistic this will turn into a direct hire offer, as it seems like a lot of
my coworkers are contractors who have been there for a while.

Do you recommend any cheap resources specifically for the JLPT N1 test? I have
some conversational fluency in Japanese due to traveling (and knowing Chinese
helps with writing) but nothing academic. I've looked up private Japanese
teachers in my area, but they're all really pricey :/

~~~
mikekchar
Sorry for the slow reply. I'm pretty sure UC would qualify. It's a state
university. Some technical colleges would not. I don't believe physics or math
would qualify, but it's hard to say. I've been told that my Comp Sci degree
would be OK, even though it is a science degree. If you are doing it with an
aim to try for skilled transfer, it would be best to call up the embassy to
get advice.

In terms of transfers, being a contractor doesn't count. You need to be a
regular employee and you need to have worked for the company for at least 1
year as a regular employee (your contractor time doesn't count for anything).

Honestly, as a contractor, I wouldn't feel bad at all about being clear that
you are looking to get work with the Japanese parent company. But it depends
on your relationships. Make sure you've been working there for a fair amount
of time (either until your contract is almost up -- or at least 18 months) so
that they don't think of themselves as just a stepping stone. But it's
completely normal for a contractor to be looking for new work. That's why your
are a contractor!

Here's how it works in Japan. If you aren't hired out of school, you can only
get a job as a contractor. These contracts are year long affairs (and always
start on April 1st). Around about the beginning of March the next year, you
hear if they are going to keep you for another year. For most jobs, it's
pretty clear earlier, but it's never official until sometime in March.

If you've been working with the company for several years and are doing a very
good job, you may be made an employee (shokunin). The company has _huge_
responsibilities for shokunin, so this is not a light decision. Also, this is
usually one of those "jobs for life", so it's important that _you_ take it
seriously too. If you take a shokunin position and leave it (for any reason),
you almost certainly will never be offered another shokunin position again --
anywhere. You might even have trouble getting contract work, so like I say,
it's a huge deal.

If you want to get a transfer with a Japanese company, then you need to be a
shokunin. There is no other way. They can't transfer contractors. If you
decide that you like the company and are willing to devote your working career
to them, then I think it's OK to discretely let them know. You can say, "I'm
looking to work for the main company and maybe someday maybe even be an
employee".

I should say, though, that employees of Japanese companies rarely get much say
in where they are being transferred. If you manage to get a shokunin position
_and_ you Japanese is good enough, there is a good chance they will send you
Japan for a few years to learn the business. However, they might just send you
right back to the US or China since you have the special skill of being
comfortable in those cultures. In fact, it is likely that this will be your
big selling point if they go that far. So.... It's maybe not the best option
:-)

Trying to find a US company that can transfer you there may be better.

However, by far the easiest way to get to Japan to do engineering work is to
get an engineering degree and get a job offer at Rakuten or Line or one of the
many other large companies that hire foreigners. Quite a lot of the
development in Tokyo and Osaka is done in English, even.

If you just want to live in Japan and don't mind being poor, then you can
always get a job teaching English. You need a bachelor's degree of any type
(which you have) and you have to be fluent in English (best if you are a
native English speaker). Having Chinese speaking ability is probably a massive
plus in larger centers because teaching Chinese is getting more and more
popular. The main problem is that you only make between $20K and $30K a year.

Finally, for JLPT... Sigh... I have to admit that I've never actually taken
it. However, every single person I know (except 1) who passed N1 did it
through self study alone. You can find guides in the bookstore. All of them
are good for studying for JLPT.

For learning in general, I advocate free reading. Start with manga because it
is pure conversational. Best if you can read stuff that is "slice of life"
over fantasy. Once you can read manga fairly easily, switch to children's
books (like Momotarou, etc) -- the grammar and vocabulary in children's books
are more literary and not how people talk, but it's a good gateway into
novels. Look up 昔話 on google and you should be able to find _lots_ of free
resources. Finally move on to novels for young children (I read 若おかみは小学生！
mainly because a friend recommended it -- very easy to read and there are
_lots_ of books). Then work your way up to more difficult novels and non-
fiction books and magazines.

There is a listening test in JLPT but _no_ speaking test. If you read some
manga or young-kids books and then watch the anime, that will probably be
enough to get the listening skills you need.

Use anki (SRS software) to memorize vocabulary. You can also use it to
memorise exemplars of grammar -- just grammar examples. Tae Kim's grammar
guide (google it) is the only thing you need for normal conversation in Japan.
Start with that. Once you have acquired everything in that guide, then start
working through the grammar lists in the JLPT guides.

Since you can read Chinese, I would skip studying kanji at all. The only thing
you should do is to set up an Anki deck to memorise _all_ of the vocabulary
from the kanji -> reading _only_ (and a different deck for memorizing from
English -> Japanese reading/kanji). This should give you more than enough
familiarity with the numerous Japanese readings for kanji. The other thing you
should probably do is to memorise kanji -> reading for lists of common
Japanese names and place names. I can _easily_ pass the kanji requirement for
N1 and I've never studied Kanji readings in my life -- I've just read a lot of
kanji ;-)

2 years is possible. My one friend who took a course did it at some academy in
California (I can't remember the name... It's some animal name and "Academy")
They offered a 2 year course to pass JLPT 1 (this is before the N-1 was
offered, but it's similar). The cost was $60K IIRC :-) But it worked (at least
for my friend) -- he went from nothing to JLPT 1 in the 2 years.

The main key is to learn language through context. Try to find example
sentences for every piece of vocabulary you need to memorise. Learn those
sentences instead. The other main key is that you need to study _frequently_ ,
but not necessarily for a long time. 3 times a week, no matter how long you
study, will result in hitting a ceiling. Best is to study 10-15 minutes every
couple of hours, 7 times a week. If it's constant like that, you'll learn very
quickly. It's tiring, though.

Anyway, good luck!

------
an_d_rew
Hi, Peter - thank you for doing this!

I'm one of the lucky ones - my I-485 was approved for LPR on the last week of
July (EB2, RoW). I've got the I-797 to prove it! :-)

The funny thing is that I'm STILL waiting for the actual green card - USCIS
has been adamant that "60-120 days between approval and card issuance".

I've been told twice, on the phone, that under no circumstances will they even
allow me to schedule an InfoPass appointment for an I-551 stamp until the 60
days have passed.

My question is simple: is this normal? Both the delay between approval and
card issuance, and the refusal to issue I-551 stamps...?

Cheers!

~~~
proberts
That's not normal. I would reach out to your local Congressional office and
ask it to make an inquiry. This is done all the time.

~~~
olivierlacan
This is a perfect example of unseen/unknown/inaccessible backdoors for most
(non-)immigrants in the U.S. The (apparent) complete opacity of USCIS when it
comes to delays like this can be devastating. I know several people who had
job offers rescinded in late 2018 because their H-1B RFEs or approvals arrived
way past October and they had been waiting nearly a year or more for
adjudication after making it through the lottery.

Thank you for sharing this tip, still it's so infuriating.

~~~
proberts
I agree 100% (but oftentimes this inquiry by a Congressional office really
helps).

------
8ytecoder
What happens to a GC application that's waiting for priority date if I leave
the country for a few years?

Similarly, what happens to the H1B that's based on the GC petition. Would that
still be valid/renewable?

~~~
proberts
The facts matter here but it's possible for a green card application to
continue under these circumstances and for an H-1B to remain valid under these
circumstances.

~~~
8ytecoder
Thanks Peter.

------
dkochmex
Hi Peter,

I've been applying for a simple tourist visa for the US (I am European but
dont qualify for ESTA due to a previous trip to Iran) and my visa has been in
process for 15 months now without an answer. What can I do?

Best, David

~~~
Scoundreller
You may want to specify which country's US embassy you've applied through.

------
throwaway5612a
Friend who is a Singapore national is trying to figure out if he can do an
online bachelors at Capella University in the US, specifically the Bachelor of
Science in Information Technology have it be used to get an H1B or H1B1.

The sticking point is that he plans to complete it in a year- (he knows how to
program and its a self paced program) will it satisfy USCIS requirements which
say a foreign national must complete 4 years of post secondary study- is it
specifically the years that matter or is it fine that its a 4 year degree done
more quickly?

~~~
proberts
It's the course credits that matter. He should make sure that the school is an
accredited institution of higher education of course but I'd also have him run
this degree program by an education evaluation service.

~~~
throwaway5612a
Thanks so much for the reply!

Just a brief followup- whats the reason for the education eval service? For
context the school is US based, accredited, online and for-profit.

~~~
proberts
Just to make sure that the degree is truly considered a valid U.S. bachelor's
degree.

------
collyw
Curious what you think (though given your profession I expect a somewhat
biased response) - is there really a skills shortage in the US or do you think
companies are trying to get cheaper workers?

~~~
proberts
In my experience, I really do see a shortage of skilled workers and incredible
competition for these workers.

~~~
proberts
Those are all good points and I'm not an expert in hiring. I just know that
our clients - which is a narrow view of course - are simply looking to hire
the best person for the job, regardless of immigration issues, and sometimes
the best or just available person is a foreign national.

------
immthrowaway123
As a green card holder, I’d like to live and work abroad for several years,
then return to the US. Is this feasible and how strictly enforced are the re-
entry permit requirements in practice?

~~~
proberts
Yes, definitely and reentry permits are easy to prepare and generally issued
without issue. You just need to be physically present in the U.S. when you
file and again when you renew (if you renew) and also you need to get
fingerprinted in the U.S. after you file (usually within a few weeks of
filing).

------
preinheimer
Let's say I'm living in Canada and am employed by the Canadian subsidiary of
an american startup, and I fly down for a week to have some meetings meet up
with co-workers for some face time.

Saying I'm heading down "for meetings, no productive work" seems to be a fast
route for a B-1 visa from the customs agent I meet at the airport.

If I actually want to do "productive work" while i'm down there, what's the
best way to do that, ideally without needing to pay US taxes on earnings?

~~~
proberts
I can't comment on the tax aspect but even if just for a day, you would need
work authorization and the TN still is pretty easy for Canadians to get.

~~~
preinheimer
Thank you kindly!

------
throwaway82398
Does it make sense to try to switch from L-1B to H-1B? In particular, are
there any downsides?

The way I see it: the H-1B would allow 1 year more (6 vs 5), increase
flexibility (employer + position) and if it fails one can just continue with
the L-1B. Do I have that right?

(Background: My L1-B expires end of 2020; I would renew it if H-1B is not
granted first. Also we're working on EB2 via advanced degree, but are just
restarting the PERM labor certification due to layoffs.)

------
tombert
Hello!

My wife is here on DACA after being brought here illegally when she was eight
years old. Due to her illegal entry, we aren't allowed to apply for a green
card until she has a legal entry, which is prohibited for 10 years.

We currently are working with an attorney that is trying to get her through on
a hardship petition (claiming (probably rightly so) that her being deported
would be damaging to me (a citizen)). Is this this best path forward?

~~~
proberts
Without knowing all the facts of course, that appears to the best other
option.

~~~
tombert
Ok; we have some friends who claimed that since they were brought in by a
citizen, and they were just "waved through" as kids in the backseat of the
car, that constituted as a "legal entry".

I'm not an attorney but that didn't really seem like it would hold up since it
seems like anyone could claim that.

~~~
proberts
These are really fact-specific matters so it's really tough for me to comment.

~~~
tombert
Alright, thank you for your time!

------
that_girl
This might be an off topic question.

Do you think startups shouldn't be bearing the burden of sponsoring an H1B?
The reason I ask is, there's great talent going to big tech because Startups
are not in a position to sponsor H1B. Otherwise I myself would love working
for a YC startup.

Do you think YC and potentially VCs should handle this part for startups just
so they can attract good talent?

Or are there any other alternatives you'd suggest to help this case?

~~~
proberts
There might be a misunderstanding. Startups can and do sponsor foreign
nationals for H-1Bs successfully all the time. There's a prevailing wage
requirement but really other than that there's no difference between H-1B
sponsorship by large and new/small companies.

------
throwawaySG
Hi Peter,

Would you happen to know anything about the H1B1 visa for Singaporean
nationals? In particular, if I'm Singaporean (and hence qualify for the H1B1),
would that still count as 'needing sponsorship" when applying for jobs? I'm
currently finishing up a non-STEM PhD, and will be eligible for the 1-year
OPT; I plan to apply for both academic _and_ non-academic jobs.

Thanks in advance for your time!!

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

Using a throwaway here. I am an Indian citizen about to file for a marriage-
based green card with my US citizen wife. I currently live in the US and we
are a very vanilla case, in my opinion.

Have you encountered any new challenges over the past two years, owing to the
current immigration climate? I see that the overall process is significantly
longer than even just a couple of years ago.

~~~
proberts
No. The process is really the same and still pretty easy (when there are no
issues like in your case), just slow.

------
LiamMcCalloway
Can you point us to official U.S. policy that leads to differentiated outcomes
of immigration processing speed between nationalities?

~~~
proberts
An explanation is provided by the State Department in its monthly "Visa
Bulletin" at [https://travel.state.gov/content/travel/en/legal/visa-
law0/v...](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-
bulletin.html).

~~~
LiamMcCalloway
An interesting read and resource going forward, thank you.

------
mindcotine
Hi Peter, I have filed my O1 Visa in late April 2019, and I received the
notification with the case number. I have checked online for my case and got
an error from the USCIS system, that the case is not listed. How would you
recommend to proceed? Are these delays normal? Also, I have been advising not
to do anything, and wait for them to notify anything.

~~~
proberts
The system error isn't uncommon. I would have the petitioning company or the
petitioning company's lawyer - not you - call USCIS to check on the status.
But that's a long time not to have heard back on an O-1.

~~~
mindcotine
Thanks, Peter. I appreciate your advice and goodwill. Very much needed for
immigrant founders.

------
Arkdy
Are businesses founded as co-ops a valid / common path to immigration? And if
so, what are the differences in requirements?

Thanks for your time!

~~~
proberts
Can you give me some specifics? Generally the corporate structure has no
bearing on processing or requirements.

------
iev2t
Hi Peter,

I recently came into the US in the E2 Employee category. The visa is valid for
just 3 months.

\- When traveling abroad, are there options to reduce the paperwork required
to return back to the US, since my status allows me to stay in the US for 2
years?

\- As far as I know, H1B holders can change jobs if they find another employer
willing to sponsor them. Is there a similar procedure an E2 can follow?

Thanks!

~~~
proberts
Unfortunately, as you know, citizens of certain countries get very limited
duration visas and there's nothing that can be done other than to apply for a
new visa each time that you need to travel. And further, the "portability"
available to those in H-1B status is not available to those in E-2 status.

------
PopeDotNinja
If you can comment on London, UK... If I found a startup in London, how hard
is it for Americans to come work for the company?

~~~
proberts
Unfortunately, I don't know UK immigration law.

~~~
PopeDotNinja
Thanks.

------
proberts
I will take a brief break now and be back in about 30 minutes. Thanks again
for your great questions and comments.

------
manicksurya
Hey Peter, I am currently in US on an H1B visa. My employer has applied
greencard and I fall under E2 category. I am also a cofounder in a company
which is based out in India and my other co founder is currently taking care
of running this.

Is it possible to apply for E1B with my past/now co-founder experience.

Thanks!

~~~
proberts
Definitely.

------
JSeymourATL
Just curious -

With respect to your work and the types of cases you handle.

What are your biggest challenges? Where do you struggle the most?

~~~
proberts
Just the irrationality and pre-determined nature of some of the decision-
making. The process can feel like a shell game at times. That being said, I
think that we understand now what USCIS wants now and are able to provide this
and still get approvals even if we have to battle frequent and rough requests
for evidence along the way.

~~~
gist
If it were simple nobody would need you to unravel it.

------
buttershrimp
my husband is an amercian, i'm canadian, we've been separated for a while and
we've been living in our respective countries, but still married. i want to
move to the US, and he's willing to sponsor me as a spouse. a lot of our
relationship difficulties have been resolved and we could definitely tolerate
each other enough to live together for several years, and all of our close
family and friends know that we love each other. do you think that if i lived
in the us with him for a year and then applied for the gc that it would make
sense to immigration? i don't think i could apply right away after moving
because i want to justly portray our relationship as a strong one

~~~
mikekchar
I'm not a lawyer and I don't know much about US immigration law. However, I've
moved around the world a fair amount and had to get lots of visas. One of the
things that's super important with a visa is to make sure that you qualify for
that visa. For the US, I _believe_ that it's actually illegal to apply for a
visa knowing that you don't intend to follow its rules. For example, you might
be able to get visa A easily, but you really want visa B. You apply for visa A
with the intent of finding a way to get visa B. Most of the time that's not
allowed and if you do it knowingly you may get in big trouble.

From that perspective, a spousal visa usually exists for the sole purpose that
you can live with your spouse. It's not a visa whose intent is to give you
access to the country for other reasons. So if you go into the process with
the knowledge that you do not want to live with your spouse, you are almost
certainly going to be going against the terms of the visa -- you almost
certainly must intend to live with your spouse indefinitely. You can't go into
the situation with the idea that you are going to live with your spouse until
you can get a different visa/residency status. Doing so could probably land
you in a lot of hot water if it came out (How could it come out? Usual route:
Have an argument late at night with your spouse. Really pissy neighbours get
miffed and want to get rid out you. They call the immigration people. You may
find it hard to believe, but I know more than one person deported from a
country that way!)

Anyway, if your intent is to patch up your relationship with your spouse then
my (not legal!) advise is to just concentrate on that. Inter-personal
relationships are hard and if you aren't going all-in then it's unlikely to
work out well. Similarly, I would not rely on a spouse that wasn't invested in
rebuilding the relationship but is only doing you a favour so that you can get
a visa. That puts a big burden on your spouse because they may want to get on
with their life and your visa status will be holding them back. It's an
incredibly dicey situation and very, very unlikely to turn out well.

~~~
aclsid
Sorry to disagree but what you said is simply not true. If she stays long
enough in the US with her spouse, and she gets a green card or citizenship
then you are not obligated by any means to stay forever with that person.
Tricking the system might be immoral but it is by no means illegal, pretty
much the same way tax lawyers find loopholes in the law to help corporations
pay less taxes.

~~~
mikekchar
What you say is completely true, but not actually at odds with what I said.
You intention is important when applying for a visa. If you are only staying
with your spouse in order to get residence status, I believe you are in
violation of your visa. However, it's important to get an immigration lawyer
to help.

------
ra7
Peter, I'm currently on H1B and my I-140 was just approved this week. When can
I technically change jobs and keep my priority date?

Is it true that my current company can withdraw the I-140 petition within 6
months of approval and have you seen cases where it has happened?

~~~
proberts
The priority date is yours now and your current employer can do nothing to
take it away.

------
andoju
Hi Peter,

I have BSc in Chemical Engg(2013), MSc in Environmental Engg(2014) and MSc in
Software Engineering(2018) and 4 years work experience in IT industry as Data
Engineer. My H1B has been denied this week, what I can do now? MTR or
Litigation will be any helpful?

~~~
proberts
Is this a cap-subject H-1B or an H-1B transfer?

~~~
andoju
this is a cap-subject H-1B

~~~
proberts
The best chance of a relatively quick and positive outcome is federal
litigation. But you this is costly.

------
lbrito
Hi Peter, thanks for taking the time to do this.

1\. How hard is it for a company to enroll as a J-1 sponsor? Are there
specific deadlines or other requirements?

2\. Can any private company sponsor a student J-1 (with a 51%+ scholarship),
or are there additional requirements that must be met?

Thanks!

~~~
proberts
Really pretty easy. There are certain minimal requirements. I'd recommend
reaching out to one. They're usually pretty responsive. Email me and I can
give you a good list.

------
yc-kraln
I am an American citizen. My co-founder is German. What do the steps look like
to get him eligible to work out of the US (say, if we're accepted to YC) and
how does the company need to be structured to make it as easy as possible?

Thanks in advance!

------
highhedgehog
I am a european that just got married to an American citizen. We live in
Europe now.

Is it true that if I apply for the green card, then I have to "use" it,
meaning I need to actually move to the US? That is what I have heard.

------
cryptozeus
We are planning to hire someone on h1b with priority date for green card as
12/22/2009\. Do you think this person should be able to get green card with
next 2-3 years ? Thanks for taking the question.

~~~
proberts
Yes (although it's truly impossible to say) I think that it's likely.

------
preinheimer
I've heard that being successful in an O-1 visa application can be very
location dependent. So you can be better off applying somewhere far away,
rather than a convenient office.

Is this something your office sees much of?

~~~
proberts
I really don't see that. All the service centers have their issues and quirks
but we're still able to get approvals with all of them and taking largely the
same approach with all of them.

~~~
preinheimer
Interesting, thanks!

------
ebadder
Hi Peter, thanks for taking the time to answer our questions.

Is there a minimum time in US requirement or a minimum time on payroll
requirement before applying for a Green Card for L1 visa holders (inter-
company transfers)?

~~~
proberts
No. A green card application can be filed immediately.

------
andy_ppp
If I want to move to the Bay Area under my own money and not work while in the
US, but instead build software while trying to fund raise money, am I allowed
to do this under a B visa? If so which one?

~~~
proberts
There is an exception of sorts within the B-1 that allows those who will be
applying for an E-2 investor visa to establish a business and seek investments
for that business. There are limits however and gray where permissible
preliminary steps become unauthorized employment.

------
NTDF9
Do you see a lot of companies starting up operations in other countries to
house their international employees, given the uncertainty in US?

Would you recommend funded startups to have such backup offsite locations?

~~~
proberts
Yes, I see some of that but surprisingly I really haven't seen any let up in
our practice with companies seeking to establish operations in the U.S. Some
companies bifurcate their operations, with development work being done in
their home country and marketing and sales and client support work being done
in the U.S.

~~~
NTDF9
Thank you!

------
timyo
Canadian citizen, working and living full time in USA on TN visa - is it
permitted to concurrently do remote freelance for companies in my country of
citizenship (Canada) while living in US?

~~~
proberts
US immigration law has still not come to terms with remote/digital employment
so there is some gray here but the short answer is no.

------
aries25
I am currently on STEM OPT and work for local County government. AFAIK my
employer is not affiliated with any institutions of higher education. Will I
qualify for cap exempt H-1B visa?

~~~
proberts
It doesn't sound like it unfortunately. The entity needs to be more than just
a non-profit.

------
johnc1
Hi Peter, thanks for doing this AMA!

Do you have any insights on whether getting an L1-A got more difficult with
the current administration, and if/how the kind of documents/evidence needed
for it changed recently?

I'm asking because I just got my L1-A renewal rejected (after having it
successfully renewed 2 years ago), on the grounds of insufficient proof of my
position being managerial. My I-94 expired and I don't have another visa, so I
had to leave the US – and it's awful for my startup! Timing couldn't be worse.

I'm applying for a new L1-A, so any insights on my question above, or any
advice on how to maximize my chance of getting it as quickly as possible,
would be super welcome!

~~~
proberts
Non-blanket L-1s are just really tough and probably the "best" example of
irrational and unfair decision-making by USCIS. In short, extensive
documentation of the structure/organization of the U.S. and foreign companies
and of the employees managed and to be managed needs to be provided along with
DETAILED descriptions of current and future managerial job duties. But L-1s
are just tough and were tough even under the prior administration.

~~~
johnc1
Thanks a lot for advice! How does L1-As compare with L1-Bs or O-1s on terms of
being tough? Those two are my other options I'm considering.

~~~
proberts
An L-1A - if you can show management of people now and in the U.S. - is much
easier than an L-1B - unless the L-1B involves advanced scientific research
and development.

------
visa_1293
Can I work from another country under a H1B1 visa? Example: I get the visa but
then I work remotely from my country, or for example I renew it but I never go
back to the US.

~~~
proberts
Without knowing all the facts, as a general matter yes but why would you since
you don't need a work visa to work for a US company if you are working while
outside the US?

~~~
visa_1293
You are right that it seems weird, but a friend did it for many years!

\- In his case the company wanted it to make it easier administratively for
them.

\- It might make it easier to go back to the US.

\- Might make it easier to take advantage of 401k matching and other benefits.

------
dugluak
Not sure if you can answer this. My priority date is Feb 2011 for EB3 India.
The current date of filing for 485 is April 2010. How long might it take to
become Feb 2011.

~~~
proberts
I wish I could answer. When the new numbers come out for the new fiscal year,
we should have a better idea since there's usually a big jump.

------
olivierlacan
What are the best GC options for current H-1B holders without a PhD or founder
status? It seems like the EB-1 is very much equivalent to the O-1 in terms of
evidence.

~~~
proberts
Most end up having to go the employment-based PERM labor certification
application route but sometimes a national interest waiver (NIW)-based green
card application is a very good - and better - option and this does not have
to be tied to a company.

------
sbolt
Hi Peter, is it possible for someone on OPT STEM extension to be self employed
either by forming a company or operating as an independent contractor?

~~~
proberts
Sort of. You should check with your school because in the end, it's really the
school and not the government that makes this determination. But there's
really no self-employment under STEM OPT. If the employment is through your
own company, then there needs to be a structure in place where you are
supervised by someone and don't control your own employment.

~~~
sbolt
Ok great, thanks for the help Peter, your contributions to the HN community
are amazing!

------
Rakeshkumar00
I am a PHD in Microbiology and currenlty working in biotech startup on H4 EAD.
Can my company apply for my GC in EB1-B category while I am on H4 EAD?

~~~
proberts
Yes.

------
mfDjB
Is it possible to do business from a corporation registered in the USA when I
am living in another country (in my case the UK)?

~~~
proberts
From an immigration standpoint, yes.

------
thbr99
I moved to Canada after 3 years into my H1B. I don't have I-140.

If I want to go back and work in US, will I be subjected to the quota ?

------
yizhang7210
Hi Peter, thanks for the kind AMA!

Is it possible to ask my employer to sponsor greencard (probably EB2) for me
while I'm on TN?

~~~
josephh
This is possible only if you're reasonably certain that you'll be able to
apply for AOS (I-485) AND get EAD before your TN expires. Otherwise, you'll
run into issue renewing your TN as submission of I-140 proves that you have
intent to remain in the US permanently.

~~~
yizhang7210
Ah great thank you!

------
throwaway107238
What do you think the chances are that HR 1044/S 386 will pass this year?

~~~
proberts
Very low given how difficult it is to make major changes in US immigration law
at any time and particularly during a presidential season.

------
mattieuga
Will vouch for Peter! Wouldn't have started a company without his help.

------
rvooda
Do you have recommendations for immigration advice experts in the Bay Area?

~~~
proberts
There are a lot of good providers the Bay Area. Do you want an in-person
consultation or is a phone consultation sufficient?

------
futurechange
I just have one question my brother got deported 2017 he has been in this
country for 20 years came here as refugee but ran into some criminal charges
violent felony landed him in prison in 2010 he has 2 kids here is there anyway
he can return?

------
pacofvf
How long does it takes to get a O-1 Visa?

~~~
proberts
Once an O-1 petition is filed with USCIS, as little as 2 weeks to get an
approval but then of course one would need to get an O-1 visa at a US
Consulate outside the US and that timing will depend primarily on appointment
availability. The preparation time is hard to say because so many factors go
into this but on average about 2 months.

------
BlokTechSZ
Hi

------
bbreier
deleted

~~~
mav3rick
Your H1B is your work authorization. You can keep your place in the green card
line if you switch after your i140 is approved. If yo switch before that you
apply for PERM and i140 again.

~~~
proberts
Just to be clear, if you switch after your I-140 is approved but before your
I-485 is filed, you will keep your priority date and your place in line but a
new PERM will need to be filed.

~~~
mav3rick
Yes true.

------
scoobyyabbadoo
Hey Peter, thank you for doing this AMA, here is my question:

I really want to live in the US permanently and bring my family over with me,
what are the best ways to do that in terms of speed and/or cost?

~~~
proberts
What's your educational and professional background or country of citizenship?

------
twayback
The truth is the US was never welcoming to foreign-born entrepreneurs, and
matters have only gone worse in recent times. If you are from a country like
India, your only real chance is somehow to get a VC funding.

------
omegaworks
Hi, US citizen with non-citizen (unmarried, Mexican national) partner here.
How can we most effectively push back against the policies of this
administration?

Paperwork that used to be quickly processed has become slow, adding huge
hassles and time sinks. People have to find housing in their origin countries
while waiting, often with little understanding of when those waits end. Do we
have grounds for suing for the added cost of this malicious degradation in
service?

