
I’m Peter Roberts, immigration attorney who does work for YC and startups.  AMA - proberts
I’ll be here for the next 2 hours and then again at around eleven for another 2 hours.  As usual, there are countless possible topics and I&#x27;ll be guided by whatever you&#x27;re concerned with. Please remember that I can&#x27;t provide legal advice on specific cases for obvious liability reasons because I won’t have access to all the facts. Please stick to a factual discussion in your questions and comments and I&#x27;ll try to do the same in my answers!<p>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>
======
eqdw
Hi Peter,

I am a Canadian citizen in the US on a TN temporary non-immigrant visa. I live
with a girlfriend, who is quite interested in marksmanship.

As I understand it, non-immigrant resident non-citizens are essentially barred
from owning firearms. This is fine; I don't feel the need to own any. But my
concern is about my girlfriend. I have heard it said from some firearms
enthusiast friends of mine that, because me and my girlfriend live together,
if she owns a firearm and keeps it in our house, this could be considered
placing one "in my possession", which would be illegal.

First question: is this true? Does the fact that I am a non-immigrant non-
citizen mean that firearms cannot be kept in my house, even if I am not the
one who owns them

Second question: If this is true, are there any ways in which my girlfriend
could own a firearm without myself being in violation of the law?

If it matters, we're in Texas, although I understand the relevant law to be
federal.

~~~
digianarchist
Strange that some constitutional protections apply to non-citizens whilst the
second amendment does not.

~~~
eqdw
It's not about citizen vs noncitizen, it's about the fact that I'm on a non-
immigrant visa specifically.

People holding, eg., H1Bs would not be subject to this constraint as far as I
know

~~~
digianarchist
H1-B holders _are_ subject to these constraints.

------
proberts
I am going to sign off now. As always, it's been a pleasure and a learning
experience so thank you. I am sorry if I missed any questions but I will log
back on tomorrow morning and answer those questions as well as any new
questions.

------
convivialdingo
I was born abroad (Mexico) to American parents. In the 90s I was able to get a
passport - but it's now expired. When I went to get a social security card
they wouldn't give me one, and they wouldn't take my expired passport. I
ordered a new birth certificate, but it has several spelling errors, so I'm
unable to get a new passport without leaving the country and having my birth
certificate corrected.

How can I get a social security card without leaving the country to get my
birth certificate corrected? Is there anything the State Department can give
me to prove to Social Security that I'm a citizen?

Thanks!

~~~
pthomas551
What did your parents use to get your passport in the first place? Did they
get a Report of Birth Abroad at the embassy? If so you can use that. There's
also a process to apply for a citizenship certificate from USCIS, but you will
probably want a lawyer for that.

~~~
convivialdingo
They were able to use their birth certificates and my old, handwritten foreign
birth certificate at the time.

They didn't report the birth to the state department since it was just over
the border. There's thousands of people from S Texas with similar problems
I've read.

[edit] Also, the USCIS N600 requires a birth certificate as well, so that's
why I didn't consider it.

Thanks again for your help.

~~~
proberts
That's right, there are alternative avenues to getting a certificate of
citizenship or passport (although they require a good bit of information and
documentation).

------
anocendi
Hello Peter,

Thank you for keep on doing this on periodic basis.

Two questions:

1\. Any likely / impending changes (more demanding requirements, etc.) in law
affecting the process from H1B to GC under current administration?

2\. Any likely / impending changes (tighter restrictions, etc.) in the law
affecting the process from GC to citizenship under current administration?

Thank you.

~~~
proberts
I would say no to both and even less likely with the new Congress.

~~~
anocendi
Thank you.

------
smkellat
Are there any benefits for a US citizen to locate a startup in either Puerto
Rico or USVI for bringing in non-US talent? That is to say, beyond the climate
and possibly relaxed tax positions are there benefits?

~~~
proberts
No (although I'd still go anyway!)

------
besiegednerd
Hi Peter! Thanks for taking the time to answer immigration questions!

Back in June, there were reports that CIS had formed a task force in order to
identify people who lied on their citizenship applications and to denaturalize
them. How often does this happen? Have you dealt with any denaturalization
cases? Asking for a friend, of course. :-)

~~~
proberts
Right. This was and is really scary and seems to harken back to the days of
Senator McCarthy. I haven't seen or heard this happening yet, however.

------
kenneth
I'm in the U.S. on a EB-1 green card. I spend a lot of time abroad. I don't
have much of a desire to get U.S. citizenship, but I do want to preserve my
ability to live and work in the U.S. any time in the future without having to
go through the pain of applying from scratch.

Few questions:

1\. What are the risks in terms of losing the green card — should I be careful
about counting the days abroad to ensure I stay under 6 months cumulative?
What are my options for living abroad for a while with frequent trips to the
U.S.?

2\. What are the downsides of getting citizenship if I choose to apply for it?
In particular, how does my tax situation get affected when I work abroad as a
citizen vs. resident.

3\. If I'm abroad and have a reentry permit, for quick trips to the U.S. (not
moving back), can I come back as a resident or would I enter as a "visa-
waiver" tourist? Does Global Entry still work?

~~~
proberts
1\. Even if you're spending a lot of time outside, as long as the gaps are
less than 6 months and your primary home is the U.S., there's really no risk
of losing your green card. 2\. You will not consult an accountant but as a
general rule, you are taxed the same whether you're living here or abroad and
whether you're a permanent resident or citizen. 3\. You would be entering the
U.S. as a permanent resident each time.

------
throwaway2856
Hi Peter,

I am a software engineer from India. I was on a H1B for roughly 1.5 years
working for a startup. Due to various reasons, I quit my job ~2 months ago (my
last paycheck dated Oct 15th). My i94 doesn’t expire until January 2020. My
questions for you:

\- Could I technically stay in the US till my i94 expires without a job? (As
I’m not accruing unlawful presence)

\- Could there be complications if I find a new job in the next few months and
file for a H1B (say through consular processing) if I’ve been out of status
for more than the allocated 2 months.

\- Would you suggest I file a change of status to B2 right away to maintain
status?

More broadly: I’m burnt out and need a little breather before jumping back
into the job market. Realistically, I hope to find a new job by Feb/March and
file for a new H1B.

Thanks!

~~~
proberts
You are out of status now and 60 days has elapsed since your employment ended
so you can't change or extend your status in the U.S. That being said, being
out of status rather than being an overstay - that is, staying past your I-94
expiration date - is much better and if it is relatively brief (and doesn't
include unauthorized employment) shouldn't impact a subsequent H-1B visa
application.

~~~
throwaway2856
Thanks Peter!

If a new company files for a H1B application in the next few months for me,
will I be able to start working for them right away or will I need to wait
many months for processing (since premium processing is not available
anymore)?

~~~
proberts
Since you're outside the grace period, you would need to wait until the
petition is approved before you can start working.

------
ughthiscountry
Finally on an EB-1 (yay!) but haven't left the country in years because of my
anxiety crossing borders. I've heard stories of green card holders getting
turned around at the border for admitting to smoking weed etc - have you heard
whispers of anything like this recently? I get the difference between federal
law & state law; is this the kind of thing that USCIS would have access to
dispensary records for, or are they just trying to get people to incriminate
themselves? I'm planning on traveling over the holidays and I'm still
convinced that I won't be allowed back in.

Also, are there precautions we should take with cell phones & border security
these days?

~~~
snowwindwaves
Canadians have been denied entry to the USA for admitting to smoking weed.

~~~
grecy
Which is amazing.

You can do something perfectly legal in a given country, but then get denied
entry to the USA because it's illegal there.

It's like driving your car at 150mp/h on the Autobahn in Germany, but then
being denied entry to the USA because driving at that speed on public roads is
illegal in the USA.

Nuts!

------
rwmj
Has anyone had their ESTA (US Visa Waiver) revoked under 24 hours before their
flight? It happened to a few people here (one had even visited the US on the
same ESTA a few months before). Of course caused massive cost and disruption
which the company had to absorb.

------
nikhilalmeida
The H1B transfer premium processing is currently temporarily suspended (till
Feb). This means anyone wanting to change employers, will have to risk joining
on H1 transfer receipt alone. Are there any ways / advice to reduce the risk
of switching employers.

~~~
proberts
Unfortunately, there isn't and this seemingly innocuous change has had a
profound impact on the hiring of those currently in H-1B status.

------
pain_perdu
Just wanted to say that my company has used Peter's firm three times with
great results. Peter is the best, listen to his advice!

~~~
e1g
+1. Peter's firm organized my E3 with minimal effort on my side. They walked
me through the process with much support and resolved any obstacles with
unusual speed and clarity.

------
mrn45
Hi Peter, I'm a F1 student who joined for a Masters program in a US University
in 2015. A year into my Masters, my advisor offered me a PhD which I took up.
So, I converted my degree from Masters to PhD in 2017. However, I still picked
up my Masters degree in May 2017.

My PhD advisor quit his job this week. I'm not left with too many options. I
was considering going back to the industry.

I learnt that I cannot apply for OPT based on my Masters degree, since that
window to apply for OPT has expired.

Can I quit PhD and look for a job that'll sponsor my H1B? Will I have to leave
the country, if so?

Thanks!

~~~
proberts
I would not quit the program until you have obtained a job offer and been
granted another visa classification, such as an O-1, cap-exempt H-1B, or cap-
subject H-1B. You need to check with your international student office but I
believe that if you just quit the program, you will be out of status without
any grace period. And that's correct about your master's degree OPT - it's
gone.

~~~
mrn45
If do find a job, can my employers apply for H1B while I'm still enrolled in
PhD?

~~~
proberts
Yes.

~~~
mrn45
Thanks!

------
nniky
Hi Peter, thanks for your time. This year it seems there is a significant
delay in H1B processing and their effective dates. As an example, I was
selected in the lottery but have not heard anything from USCIS since May. Is
there anything I (or people in similar situations) can do? Have you heard
anything in regards to when applications should expect approval?

In addition, I have heard that USCIS has been rejecting H1B transfers
immediately without issuing RFEs. Have you come across these cases? What would
you recommend people who are transferring H1Bs do?

~~~
proberts
Regarding your first question, unfortunately, that's not unusual and nothing
can be done other than wait. Regarding your second question, there's
definitely risk associated with changing jobs before the petition is approved
in the current environment but still, as a general rule, strong H-1B petitions
are getting approved.

~~~
nniky
Thanks, Peter!

------
postit
Hi Peter,

I‘m a contractor to an US company who leads both teams and projects. My
company wants me to move to US and they are trying to convince me to apply to
an H1B. From my understanding this visa is a pretty unsafe if you‘re already
in your 40‘s and want to settle yourself. I‘ve seen a category called EB1-3
which grants GC for both partners and children under 21. But the requirement
says I should be an employee in an official leadership position (Manager or
Director) Is this a hard requirement or can I still build up a case to
immigrate via EB1-3?

~~~
proberts
It's a hard requirement - you need to be an employee - not a contractor - for
at least one year in a managerial or executive capacity. But if you are and
will be in the U.S. as well, then it's a pretty straightforward process,
though a slow one now, 18 months or so if you're applying while abroad.

------
surds
Hello, Peter.

I am on H-1B and have had it for just over 3 years. I also have an I-140 for
the green card application.

If I leave my job and go back to my country for a few months, \- can I start
work again on the same H-1B (no need to go to lottery) in a few months,
provided I can find an employer willing to sponsor my visa? \- How long can it
take before I actually come back to USA and start working on the re-sponsored
visa? I am asking due to concerns about the slow process of visa transfers
lately.

------
alok-g
Hi Peter,

Thanks for doing this!

I am on a US Green Card, living outside US for about 2 years 3 months, with a
re-entry permit and N-470 approved. However, I have been making quarterly
trips to the US except for one long stretch of 10 months. Thereby I have
totaled perhaps 3-4 months of time spent in the US in this duration.

I am interested in preserving by green card as well as ability to file US
citizenship. What would be a good option for the same?

1\. Renewal of re-entry permit? 2\. Moving back to the US, and then shortly
filing for citizenship?

I have heard that to file for citizenship, I need to be present in the US for
2.5 years cumulative in the last five years, and also be there in the last 90
days.

So it seems from this that if I chose option '1' to stay out for two more
years before moving back, it will be a few years before I can file for
citizenship to complete 2.5 years cumulative spent in the US in the last five
years.

If I move back before the expiry of re-entry permit in mid-March 2019, then as
I understand, I can file for US citizenship after 90 days of moving back and
then perhaps receive it within say 6-9 months of the latter. During this
period, including the 90 days, can I make short international trips?

Given the current situation, do you think a reentry permit renewal may even
get approved?

Thanks.

~~~
proberts
Your analysis is completely correct on all points and to answer your question,
you should have no problem getting another 2 year reentry permit (if you
choose to go that route).

~~~
alok-g
Can you help me with the filing, etc., or recommend someone who could? As a
start, I would just need a more detailed calculation of the timeline, looking
at my travel dates, etc. I could do the latter myself also if I have enough
information. Thanks.

In case the request for extension of reentry permit gets denied, by when would
I know. I presume at that point, I would be able to relocate to the US and
then proceed with US citizenship filing.

Also, once moved back to the US, during this period, including the first 90
days, can I make short international trips? (I'm asking this again for
clarification since I'll definitely need business trips outside the US.)

~~~
proberts
Honestly I'm not sure that it's worth the money to use an attorney because
both the reentry permit and naturalization applications are easy. If you still
want help, email me and I'll refer you to some good immigration attorneys in
your area.

~~~
alok-g
OK. I'll reach out by email.

I am currently based out of India. I used to live in the bay area when in the
US.

If during the first 90 days of moving back before filing for naturalization,
and after too, I could make international trips, that may be the best route
for me.

Thanks.

~~~
proberts
Yes, you could make trips.

~~~
alok-g
Thanks a lot Peter!

------
christopher8827
I have a graduate-level Diploma of IT and a Bachelor of Commerce, and have
studied both of these degrees in Sydney, Australia. My question is: would I be
able to attain a E3 visa to work as a software developer (which is what I am
working currently as in Sydney) in the US, since my Bachelor may or may not be
the specific qualification for 'specialty occupation' of software developer?

------
t1ntVn
Hi Peter,

Here is the background: Let's say someone is working as a software engineer
under H1-B but also under the GC EB-2 process. A while back the I-140
Immigrant Petition was filed and approved, in parallel the I-485 Adjustment of
Status (AOS) application was filed but remains pending. In the meantime USCIS
has taken fingerprints and issued a combined EAD/AP card which serves as valid
work authorization and travel authorization for a year. A I-797C notice stated
that the case/petition was transferred to the National Benefits Center. No
notice for an interview was received yet.

Here are my questions:

1) This process, with getting the perm through the employer etc. is already
taken almost 2years. Now that there is the EAD card with I-512 Advance Parole
is it possible to leave the country without the risk of getting the case
denied at re-entry?

2) Let's say there are job offers from Apple, Google and Facebook. When can
the employer switch jobs without jeopardizing the GC process (which has the
I-485 still pending and no GC interview notice yet)?

3) How long after the GC was received does the employer have to stay within
the current company that sponsored the GC? E.g. for marriage based GCs there
is a period of 2 years, when getting a divorce within that period you would
also loose the GC. Is there something similar with employment based GCs or how
soon can the job be switched?

4) What is the most lasting route for a GC, Employment Based or Marriage?
Asking because as seen in 3) the GC can through marriage within 2 years still
be revoked. That said, if a marriage is dissolved within 2 years you would
loose your GC, if your company is dissolved within 2 years you would not loose
your GC making it the more robust path?

Thanks for responding to those hypothetical questions!

~~~
proberts
1\. Is this person still working for the sponsoring green card employer? 2\.
As long as the I-140 has been approved and the I-485 has been pending for 6
months, there should be no issue switching as long as the switch is to a job
in the same or similar occupation. 3\. See above. 4\. That's really impossible
to say. The marriage-based is the more certain if a valid marriage.

~~~
t1ntVn
Thanks for answering all this!

To 1) Yes the person is still working for the sponsoring green card employer.

May I add 5) green card application still pending when getting married to a US
citizen, then a few months after wedding getting response for application that
it was denied. Can the person still apply for a green card through marriage
even if they are married for a while without having applied right after?

~~~
proberts
1\. Then really no risk traveling on the advance parole. 2\. Yes.

------
samstave
Can you please ELI5:

How does the visa program work?

So - say youre an engineer in another country and you want a work visa in the
US - does one seek a job first or a visa first? Based on that - what is a
bullet list of steps (checklist) for the process to be
expedient/smooth/successful?

(I am one who will never require this - but I want to understand the process
and what people go through to get the H1Bs etc...)

~~~
sh33mp
I want to commend you for trying to learn more about the immigration process.
More often than not, I find that Americans tend to not know hoops and travails
that internationals have to jump through to work in the US, or even just to
keep working in the US. Too often, I've heard "H1-B is for cheap foreign labor
- just apply for an EB-1/2 or something."

~~~
seem_2211
Yep, all of the Americans I've dealt with have been shocked to find out how
difficult it is to immigrate. In fairness, I had no idea either before I
tried.

------
sadlion
Hi Peter, I completed my OPT and just received an H1b. I have applied for the
i-140(premium processing). I am from an undersubscribed country and all my
priority dates are current. I'm thinking about changing my employer and wanted
to know the optimum time in the process I should do that while minimally
affecting my GC process.

Thanks

~~~
proberts
Was this a self-sponsored I-140 petition or company-sponsored?

~~~
sadlion
It is company sponsored EB3 category.

~~~
proberts
Have you filed your I-485 application?

~~~
sadlion
No, my company's lawyer advised for premium processing the I-140 first and
then filing the I-485 depending on that outcome. Thank you for doing this
again.

~~~
proberts
Then you should wait until the I-140 has been approved and the I-485 has been
pending 6 months before leaving.

~~~
sadlion
I appreciate your prompt response and help.

~~~
knguyenba
Why having to wait? You can file 140 and 485 concurrently

~~~
sadlion
The i485 depends on i140 being approved and requires more lawyer fees and
prep. If you concurrently file and i140 gets denied, the employers have to
swallow the cost. By having me pay for premium processing for i140, they
minimize their cost without significantly affecting waiting time.

------
totally_fedup
Hey Peter,

Missed dropping a message during regular hours. Anyway, hope you read this.

So I'm currently on an EB2-H1B visa, got it approved in August 2017. I've few
questions :

1) If my current employer files for i140 and it gets approved, can I safely
switch employers right after?

2) As a follow up to that question, in the future, If I want to leave the US
for few years (cos of frustrating EB2 backlog) and work for a different
company in Europe/Canada - will I lose my priority date or position in the
queue? If not, can I come back in the future provided an employer is willing
to file my H1B?

3) My GF's currently in India and we are planning to get married next year -
she's a graphic design graduate, what are the odds of her getting to work on
H4-EAD (or H4-EAD still being around) provided I can get my i140 approved?

Thanks for taking time, Peter!

------
throwaway444555
Hi Peter! Thanks for doing this. I am a Canadian citizen and a freelancer with
a Canadian federal corp with annual revenue of ~$300k CAD (no employees, just
me right now). I am currently turning the freelancing business to a product-
based company.

I am originally from a non-north-american country. My brother and sister
immigrated to the US long ago after they went there to study and got their
American citizenships around 10 years ago. They then sponsored our parents to
the US and now my parents are also US citizens. In parallel, I came to Canada
to study and settled here (got rejected by US embassy to study initially
because they thought I would settle in the US too).

Now I want to move the US to be with family and to grow my business there.
What are my options? Thanks again!

~~~
proberts
Depending on how quickly, an E-1 or E-2 visa through a company that you found
in the U.S., a TN through a third-party company, or a green card through your
parents.

------
safeforwork12
Hi Peter, thanks for doing this regularly. Really appreciate since this
topic/situation changes more frequently now a days.

Sorry for using anonymous account. I am working for a client for past 5 years
on a EVC (employer-vendor-client) model. I've been employed by same
employer/agency since 2008 (h1b) and they filed my GC with priority date of
April 2011. Since I'm Indian born, I've given up hopes on getting a Green card
in my lifetime but I still wouldn't want to loose my position in the queue.

Question: Would you recommend going full-time with the client (as they have
shown lot of interest in converting me)? If I join full time with client,
transfer h1b, can they take over my green card as well? will I loose my
position in the queue?

~~~
proberts
You won't lose your priority date (place in line) if you change employers but
the new employer would need to start the green card process from scratch. You
might want to explore the EB1A category because even though the standard is
high, it's sometimes within reach.

------
ThrowawayUry
Hello Peter, I'm a non-resident and non-citizen selling consultancy and
development services to U.S. companies (as a contractor, filing a W8-BEN). I
hold a B1/B2 visa (only used for conferences and training so far).

Are there any potential immigration issues if I do U.S. based work for a
couple of months on my B1/B2 visa? Could I do that more than once in a year or
would that be a red flag for immigration services?

I don't want to move to the U.S. but I do want to be able to work onsite
during crunch times, pushes to production or similar events, without risking
my visa.

I also want to allay fears of potential customers that I don't qualify as an
employee, but that's not an immigration question I guess :)

Thank you for taking your time for answering!

~~~
proberts
Unfortunately, that's not allowed on the B-1 visa.

~~~
ThrowawayUry
Thank you. Thought so, and it's a huge bummer.

Meetings, etc. are still fair right?

~~~
proberts
Yes.

------
cowrecti
A bill (H.R. 392) removing per-country caps on employment based green cards is
now attached to DHS Appropriations Act for 2019 (H.R. 6776). If passed, how
would it impact Rest of the World EB-1, EB-2, and EB-3 GC applicants? It seems
like it would prevent ROW applicants from getting green cards for a very long
time. What are the odds of H.R. 6776 being passed with H.R. 392 amendment
attached to it? Source: [https://www.natlawreview.com/article/us-may-
eliminate-countr...](https://www.natlawreview.com/article/us-may-eliminate-
country-caps-employment-visas)

~~~
proberts
It would have a profound impact on the issuance of green cards to ROW
applicants but I still that it's unlikely to pass.

------
throwaway_1776
Thanks a lot for doing this Peter!

As a J-2 visa holder, who has been issued an EAD, I will need at some point
get a company to sponsor me via H1B. Questions: a) If I get the H1B visa, my
J-2 visa status is abolished? b) If the company then fires me, am I able to
switch to J-2 visa again? Will I need to re-apply for the EAD? c) Can H1B and
EAD somehow co-exist?

In my understanding, it will be best to keep the J-2 visa for as long as
possible, in order to have the flexibility of not being tied to one company.
On the other hand, it might take couple of tries to get the H1b, so this tells
me to apply relatively early on? Is that the only trade-off?

~~~
woodson
I am not a lawyer, this is not legal advice. Is there any two-year home
residency requirement on the J-1 holder's visa (check DS-2019)? That may
affect your ability to switch to H-1B (or any other visa).

~~~
throwaway_1776
There is, but it does not apply to me.

~~~
woodson
Why is that?

~~~
throwaway_1776
By default J-2 visa holders have to leave the country? Short answer - my
spouse and I do not fulfill the main conditions they specify for having to
leave the country after the visa expires.

~~~
woodson
Ok, my understanding was that (again, I’m not lawyer, this is not legal
advice!), if there is a two-year home residency requirement on the J-1
holder’s visa, then both J-1 and J-2 holders cannot switch to another visa
before you have either (a) resided for two years in the country of residence,
or (b) were granted a Section 212(e) waiver approved by USCIS. But perhaps
that’s different for some J-1 categories.

~~~
throwaway_1776
That might very well be true, but in our case, the two-year home residency
does not apply to me nor to my spouse.

------
eportet
Hi Peter,

My co-founder and I are on an F-1 visa currently using OPT and about to
request the OPT STEM extension. We've talked with a lawyer and she insists
that we should add a US Citizen to the Board of Director to establish
employer-employee relationships. She says that otherwise, this could get us in
trouble if we ever get audited or petition another type visa.

Our questions are: 1\. What are your thoughts on this? Is there an
alternative? 2\. What document would be necessary to add/revise (other than
the agreement for the individual to join the board)?

~~~
proberts
I would speak with your school - because the school is really the decision-
maker on this - and ask your school what needs to be in place for you as
cofounders to get a STEM extension.

------
lelLlL
Hi Peter, I'm Canadian and had some questions about the E-2 visa :)

Can I work a random job in the U.S. while holding an E-2 visa?

What if I want to segue into a green card? Or another kind of visa? Will the
attestation of leaving the U.S. conflict with that?

Can E-2 visas be extended indefinitely with ease? (much like TNs)

If I have a startup I just started, how many people can I safely bring over
with the E-2 employee visa assuming I'm the only investor putting money down?

How can I learn more about getting in touch with you and hiring you as my
attorney?

~~~
proberts
The E-2 is a great visa and is good for 5 years initially and theoretically
can be renewed indefinitely as long as the company is operating and generating
some U.S. jobs. There's no legal limit on the number of E-2 employees a
company can have but the company also needs to employ U.S. workers (although
there's no requirement of a certain ratio).

------
qwerty3e4r5t
Hi Peter,

I have completed 4 years on my H1b and I am in my 5th year and I got it
extended for 3 more years. My GC was also processed and my priority date is
around August 2017. I wanted to know, if I wanted to change the current
company and move to a new company, would my H1 and/or GC in the future be in
any danger? Like can I not leave the company for 8- 10 years if I want the GC
process to be completed and considering the current political administrative
environement?

~~~
proberts
If you leave the company, you would keep your priority date - your place in
line - but you would need to start the green card process from scratch and
your ability to continue working in H-1B status would depend on your current
employer not cancelling the approved I-140 petition (which most employers
don't do).

------
dhruvrrp
Hi Peter,

I have an family member with GC who visits the US for short periods of time
every 6 months to maintain it. They currently have no intention of moving to
the US. Recently, they seem to be getting more scrutiny at the airport due to
the US not being their permanent residence.

Is it possible for their GC to be revoked for this reason? If it is, then is
there any way they can continue on with their lifestyle and still maintain
their GC (by investing/buying a house/etc.)>

------
scifipix
Hi Peter,

I used up 6 years of my h1b on Dec 2nd 2018 and it has already been renewed
again for the next 3 years until October 2021. Let’s say I leave the US for 2
years and come back before October 2021 to a US employer willing to renew my
H1B. Will I retain my current H1B or do I need to go through the lottery
system again? I also have an approved I 140 with priority date of March 2017.
I have received conflicting feedback so far and it’s not very clear

~~~
proberts
You've received conflicting feedback because the answer isn't clear
unfortunately. The concern is this: that if 6 years have elapsed since you
were initially granted H-1B status and you are outside the U.S. for at least
one year, USCIS will consider you subject to the lottery if you are sponsored
again for H-1B classification. That being said, recently we had a couple of
cases where these facts applied and USCIS still approved the new H-1B
petitions without requiring the employers to go through the lottery.

~~~
scifipix
I appreciate the quick response Peter, thanks !

~~~
proberts
Sure. It really is a confusing issue.

------
abhinav_kuru
Hi Peter, I recently received an RFE on my O1. They need to see if i judged
any event. Although i am an advisor on other startup boards and have been an
organizer at social meetups in my industry, what else can I be showing that
will add my case.. Also if we are in Tech start founder, what can be an
alternative to showing publications. We have press coverage, articles, clients
signed testimonials etc. What else do you suggest?

Appreciate your advice here!

------
fossuser
If I were to leave tech and go to law school with an interest in getting
involved and helping with the legal issues immigrants are currently facing at
the border and elsewhere is there something that would be useful to know?

Some particular law school that has a better focus or things you wish you had
known when starting out? I figured out how to navigate the tech
interview/application process, but don't know a lot of lawyers to understand
the legal one.

Thanks!

~~~
igurari
Although I have no experience in immigration law, as a former lawyer and
software engineer (and the CEO and co-founder of a legal tech startup), I'd
caution against moving into law (or at least taking a long hard look and
talking to people who have made the transition).

I left a PhD program in CS to go to law school based on ideals around having a
positive impact through the legal system. Ultimately, the law is a slow,
difficult, and painful system to work through and with. The work is mostly
tedious (relative to software development) and most of the time you're not
really having a significant or positive impact. It's generally not very
rewarding.

I'd be happy to chat if you're interested in hearing more about my take. (itai
[at] judicata [.com])

~~~
proberts
I'm not plugging this school but Northeastern University School of Law is a
progressive coop law school so you could gain a lot of experience in public
interest law while pursuing your degree, including working with asylees.

------
shank877
Thanks for doing this Peter! Really appreciate you spending time like this.

I'm an Indian running a company of my own in India. I used to work in the US
for Microsoft & Amazon on an H-1B visa though this was 4 years back. I'm
looking to move back to the US. What options do I have? Is it possible to set
up a company in the US and come over on an L1 visa even as CEO of the company?
I doubt O-1 would work for me and an EB-5 seems too steep.

~~~
proberts
Yes an L-1 is possible but L-1s are tough to get for small companies these
days and I wouldn't dismiss the O-1: given your employment history and status
as a founder, you might qualify.

------
jppope
What is the process for getting rid of American Citizenship? Expatriating,
specifically for tax purposes. (should be useful to anyone that expects a
windfall)

~~~
proberts
The typical process is though a US Embassy but if it's determined to be for
tax reasons, there potentially are negative tax and immigration consequences.
While this touches on immigration, speak with an accountant before going down
this path.

------
sbolt
Hi Peter,

I'm an engineer on OPT working for a seed-stage startup in the Bay Area, what
are the typical legal fees associated with filing a H1B application in the Bay
Area?

Thanks!

~~~
proberts
I'm not really sure but there seems to be a wide range. Email me offline and I
can give the ranges that I've heard.

~~~
sbolt
Will do, thank you!

------
Balero
The processing of successful H1B visas seems to be taking much longer this
year than in previous years. Could you shed some light on to why this is?

~~~
proberts
Yes, unbelievably slow. Anecdotally, at least 25% of the cap-subject H-1B
petitions that we filed last year are still pending. The why is tough. Many
people think that it's the result of general hostility by the current
administration toward the H-1B program. But there's no question that the rate
of requests for evidence and denials are much higher than ever before that
many of these are without legal basis.

~~~
mfsuo
You mean, that were submitted this year, April 2018?

~~~
proberts
That's right.

------
ermir
In 2014 I won a scholarship partially funded by the US govt for a Master's in
Computer Science in a US university. The scholarship was merit based and
highly competitive. A similar situation was the case for my Bachelors. Can
these scholarships fulfill the EB-1 criteria of "Evidence of receipt of lesser
nationally or internationally recognized prizes or awards for excellence"?

~~~
proberts
Generally academic awards and scholarships don't meet that criterion. That
being said, this is great background data and can help support an EB1A
application.

~~~
ermir
Thanks for the question, I have another if you don't mind. During my studies,
I worked on my own startup, presented it in front of a panel at a hackathon,
then was chosen to present it in the associated conference the day after. I
even won a small monetary prize from one of the conference sponsors. The
conference in question was TADHack Global 2016 in Chicago.

[https://tadhack.com/2016/global/](https://tadhack.com/2016/global/)

Would this fill the criteria of being notable enough, or do the EB1 panels
require more substantial achievements?

~~~
proberts
It might help for an O-1 but really wouldn't help for an EB1A green card.

------
stansilasmiles
Dear Peter, I'm on F-1 who didn't get picked in H1-B lottery twice, and am in
the last 13 months of my STEM OPT.

Next year i.e 2019 April is my last shot at H1-B.

I work for an amazing start up that allows me to work remotely.

I'm hoping that my H1-B petition gets picked up in 2019 but in the event that
that doesn't happend, as a back up what are my options if I want to continue
to work for the same company and stay in the USA?

Thank you

~~~
proberts
They're very limited unfortunately but if it's a great startup and you've
played an important role for the company, then an O-1 might be an option.
Also, and I'm not recommending this in any way, there are academic programs,
as I'm sure you've heard, that give full-time CPT to those pursuing an
advanced degree.

------
xoraes
Hi Peter,

I'm on a cap-exempt H1b visa working in cyber-security field. Within past year
I had to let go of 3 job offers due to visa transfer not being possible to
for-profit companies (and all offers were made after April, so lottery based
H1b application wasn't a path I could take this year).

What would you recommend someone in my position should do if they want to
switch job to a for-profit organization?

~~~
proberts
Note that you can work part-time in H-1B status for a for-profit company while
on a cap-exempt H-1B. But beyond this, without knowing your qualifications, I
would look at the O-1 .

~~~
xoraes
Thanks for the prompt response!

To shed some more light on qualifications, I've BS+MS in ECE with ~3 years of
experience in the security field. I'm a member of a well recognized standards
committee defining security standards. I've given conference talks, and
published articles in industry trade journals.

Does that make my odds of getting O1 visa (or EB1 green card) higher in any
way?

~~~
proberts
Yes, definitely, it sounds like an O-1 would be a strong option.

------
nrmitchi
What would your advice be to a current TN/H1B holder who may wish to apply to
YC in the future, but is concerned regarding the restrictions of their current
status restriction around "work" outside of their current employer.

To clarify, it seems that any sort of MVP, attempting to show traction, etc
could be considered "employment", and thus a violation of current status.

~~~
proberts
Admittedly, it's a tough balance but there are ways to do this without
crossing the line. I can talk offline with you about this but the main line
not to cross is compensation.

~~~
godelmachine
I don't quite understand what is meant by "not to cross is compensation"

~~~
lancewiggs
Don’t pay yourself and it’s easier to say you are not employed.

------
mallocfree
Hey Peter,

Thanks for doing this AMA. My question is regarding EB1A. I work in large tech
firm in US, have masters degree in CS, with couple of IEEE publications and
some US approved patents. Original work with total citation count ~40. I am in
critical engineering role in my company in their flagship product (can get
recommendations as well if needed). What are my chances for EB1? Thanks again!

------
aerophilic
For new entrepreneurs that would like to consider hiring fresh non-US grad
students out of school, what are the typical costs and process to “get them
through the door”. I realize this is broad, but trying to understand at what
startup stage does this start to make sense to do. (Ie is it so expensive/time
consuming that a seed startup shouldn’t even bother?)

~~~
proberts
Assuming that they don't fall within exceptional visas for those from certain
countries (such as Australian, Canadian, Chilean, Mexican, and Singaporean
citizens), the typical options are the H-1B (via the annual cap/lottery) and
the O-1. Although initially, F-1 students get 1 year of OPT (optional
practical training) and 2 additional years of OPT if they are a STEM graduate
and the employer is an "e-verify" company. And really any company can act as a
sponsor, even a startup. The focus is on the offered job and the individual's
background (less on the company) and if they're both strong, then I think that
it's worth pursuing an H-1B. An O-1 - which is a much higher standard -
requires a much closer analysis.

~~~
nowarninglabel
Who is best to work on this? Is there a firm that you'd recommend that
specializes in this? We had a great person for a hard to fill position
(blockchain skills needed) from a country that should be easy (Australia) but
for various reasons this took us over 3 months to complete. Surely, we could
do better than this for countries with exceptions such as Australia? Or is
that the typical experience?

~~~
proberts
I'm not here to plug our skills because there are lot of really good
immigration firms out there but the E-3 visa for Australians is generally
super quick and easy to get and I'm not sure why it took 3 months. The
turnaround really just depends on visa application appointment availability,
which can be just weeks.

------
suyoghc
I am a PhD student (on F1-visa), who's more or less been offered a decent
Post-doctoral fellowship in UK immediately after gradschool. What are the
implications of this if I want to return to the US for either an industry or
academic position? I know that I'd be giving up the OPT option if I accept the
fellowship.

~~~
Myrmornis
I was a Brit doing PhD in USA and did exactly this (except I was on J1 for
grad school), and then returned to USA for an industry position on H1B and
subsequently green card and it was all fine (latter stages with help of Peter
and his colleagues as it happens).

~~~
proberts
And without that kind of background, I suspect that you also would have a
strong O-1 if the timing of the H-1B doesn't work.

~~~
suyoghc
Thanks, that's helpful to know! Do you believe an O-1 would be equally easy to
obtain whether I go into academics or industry? How reluctant are companies
when it comes to interviewing someone who isn't presently in the US?

------
datpuz
My girlfriend is a doctor in her last year of her medical fellowship on a J-1
visa. She's looking for a job in a medically under-served area but not having
a lot of luck. Is there any other way for her not to have to go back to India
for two years (it sounds like even marriage to me, a US citizen, won't help
her)?

~~~
proberts
An O-1 would be an option since the 2-year home residency requirement doesn't
apply (but it would require her to leave and apply for an O-1 visa after the
O-1 petition was approved by USCIS).

~~~
datpuz
Thank you!

------
8ytecoder
Currently on I-140 + H1-B - would leaving the country and working elsewhere
affect my priority date? Given the time it takes to get my greencard here I'd
like to explore opportunities in Europe but don't want to lose the chance to
be here since getting back on H1B/I-140 would be really difficult.

~~~
proberts
No, this would not impact your priority date. Even if you move abroad, you
would keep it.

~~~
achanda358
Can such an employee come back to the US and transfer their H1B to another
company or are there restrictions?

~~~
proberts
Yes, he or she would not need to get an H-1B through the I-140 employer.

~~~
dmode
Will the individual be cap subject if they stay more than 1 year abroad ?

------
lelLlL
I'm a Canadian citizen. How can I learn more about getting in touch with you
and hiring you as my attorney?

~~~
proberts
I'll post my email address at the end and when you email me I'll also give you
the names of other attorneys so you can get more than one opinion.

------
loftyal
Is it possible to work on an online side project that generates profit, whilst
working on E3/H1B visa?

------
trq_
Hi Peter! How suited do you think the TN visa is for joining early stage
startups? I feel like being in that space can involve switching companies more
often than usual because of the failure risk. Is it risky to apply for a TN
visa each time? Say you change jobs at most once a year.

~~~
proberts
Unless you have an ownership interest in the startup or are a founder, I don't
see any risk with getting a TN through a startup and even changing TN
companies every year.

~~~
trq_
What about if you are a founder with a minority stake? Would you recommend
some other form of visa?

~~~
proberts
Less of an issue but CBP and USCIS will oftentimes deny TN petitions where the
applicant has any ownership interest even though this is legally indefensible.

------
chandraidev
Hi Peter. Thanks for doing this. I am working in USA on H1 visa. Can I open a
startup in India and continue working here for my employer while I work in
nights on building my company. And, can I also register another office/company
here and get developers here for my startup?

~~~
proberts
There's no question that you can create an entity in India and my view is that
as long as the work you do nights for the company in India is only for and on
behalf of that company and is less than the amount of time that you are
working pursuant to your H-1B visa, then it's fine. More complicated and I
would argue not appropriate is the creation of a company here and the hiring
of developers here to work for your company in India.

------
Wagthesam
Hi Peter. I have a uwaterloo math degree (pure math & stats double major). 3
years of exp as an eng.

I heard about recent increased scrutiny for Tn and H1b for software
engineering + math degree (comp systems analyst job designation).

Will I have a higher chance of RFE / Denial if I go down this path?

~~~
proberts
No, you should still have a very strong TN application, whether through the
math or engineering occupation. I wouldn't worry. And it's the University of
Waterloo! You're fine!

------
dolftax
Hello Peter,

Does B1/B2 visa allow doing sales and seek investments? Planning for 4-5
months stay.

Have a delaware registered C-corp.

~~~
proberts
Yes to investments with limitations and no to sales unless after sales support
in connection with a product made and sold by a foreign company.

------
aditya
Any predictions on the India EB2/3 backlog? Is it really going to take 5 years
to clear 2009?

~~~
bankim
On a similar note, any chance of an immigration reform in medium term like 3-5
years that would help reduce the backlog for Indians on EB2/EB3? If not, any
alternatives apart from EB5, EB1 that you could suggest?

~~~
proberts
I don't see the awful India EB2/3 backlog getting better without political
intervention but I don't see this as a high priority at present.

------
hawflau
Hi Peter,

My company based in Taiwan is about to send me (a Canadian) to the US to help
set up new branch and lead business development. Some senior management in the
company think I should get the L1-b VISA. But according to my research, L1-a
seems more suitable. What's you opinion?

Thanks!

------
kentosi
Hi Peter thanks you for doing this. On an H1B here. I have a job offer where
the company's lawyers have confirmed that it would be safe to start once they
send the H1B transfer and receive the FedEx receipt that it got to the USCIS.
What are your thoughts?

~~~
proberts
Legally, that's correct and if it's a strong H-1B petition, then it probably
makes sense since the alternative is probably to lose the job offer because of
the delayed processing. But confirm with the lawyers that they think that it's
a strong H-1B petition.

~~~
kentosi
Thank you!

------
drunkenmeister
How difficult it is for a foreign worker to be employed by an H1-B visa?

What if the candidate loses the lottery process? Would they have to apply next
year? Would they be cap exempt next time?

Do companies have guaranteed quotas from USCIS for foreign workers?

And by the way, thanks for doing this.

~~~
proberts
It's a pure lottery and the chances depend on the number of petitions that
year but historically for those without a master's degree or higher from a
U.S. school, the chances of getting selected were around 30%. There are no per
company quotas,

------
rodrigods
Hi Peter! Thanks for doing the AMA. Do you know what is the current processing
time for prevailing wage (PERM)? I believe my lawyers applied on August, no
response yet from the DOL. (Their website doesn't display updated response
times)

------
olivertang33
I'm currently working in the US as a software engineer under H-1B. Can I start
a company in my home country (Canada) while living in America?

If so, can I develop/work for that company, while simultaneously working for
my H-1B sponsoring company?

------
bakepath
What is the best visa option for international students to start a business in
the U.S?

~~~
proberts
Depending on whether the E-1/E-2 visa is an option, the E-1/E-2 visa and the
O-1 effectively allow for founders to sponsor themselves through their own
company.

------
carbine
Hi Peter, thanks for doing this! I’m a Canadian with lots of marketing
experience in tech, at a senior leadership level. Is there any hope for
someone in this capacity to move to the US? Are H1B and L1 really the only
options? Thanks!

~~~
sonnyblarney
I'm not a lawyer but I'm a Canadian who worked in the US on TN and H1 visas.

For Canadians, you should seriously consider a TN visa. There are no limits to
the number of them, and you don't even apply for them, you just 'qualify'. You
can't even get the paperwork done ahead of time, you just do it at the airport
on the way down.

Essentially so long as you are doing a specific kind of work, and your
employer is not paying you below industry average, you get a letter from them,
you show your degree (you need a real copy of it) - you get a stamp that's
good for a year - you can do this up to 6 years I think.

Again, I'm not a lawyer but that was my experience you should look into TN
visas as they are very low cost and you don't need really need any expertise
or legal consultation. No waiting either. If you meet the requirements you
should be good to go.

~~~
hypatiadotca
There is actually a way to apply to the TN ahead of time now, it’s a pretty
recent change (well, 2012): [https://www.uscis.gov/archive/archive-news/new-
filing-option...](https://www.uscis.gov/archive/archive-news/new-filing-
option-behalf-canadian-tn-nonimmigrants)

------
vpl0512
Hi Peter, I am on h1b and working for an employer. I am joining as a co-
founder to a startup. Can I get compensation or profit for my work there? I am
expecting to resume role of CTO. Can there be any legal implications?

~~~
proberts
In what status are you joining the startup?

~~~
vpl0512
I am on H1b visa (my I-140 has been approved since last 6 years by my present
employer.) I have notified my current employer and there is no conflict of
interest. Do I need any approval from USCIS to work on the new startup?

~~~
proberts
So, to be clear, has an H-1B petition been filed for you by your startup?

~~~
vpl0512
No. Nothing has been filed by the startup.

~~~
proberts
As a cofounder, an H-1B will be problematic so if you go that route, you
should continue to explore other options while that petition is pending such
as an O-1 because the H-1B petition could get denied - or just look at the O-1
now.

~~~
vpl0512
Oh. So can I hold O-1 And H1B together? can I work parallel to both (my
employer and startup)? I want to utilize this new venture to go on EB-1A
(Extraordinary ability). Is it possible?

~~~
godelmachine
Nice question. Hope Peter answers.

------
potatofarmer45
Hi Peter,

I'm an Australian with a venture backed startup (delaware c-corp). We already
have employees in Australia but I'm looking to set up a team stateside.

Should founder like me look at the e3 visa, or one of the internal company
transfer visas?

~~~
proberts
I would still definitely look at the E-3 even though you're a founder as well
as the L-1 and possibly even the E-2 if there is or will be Australian money
invested into the U.S. company. Being a founder doesn't in and of itself
disqualify you from the E-3.

------
nafizh
There's a bill from a Kansas republican senator that is trying to remove the
country specific quotas for EB2s which will probably benefit the Indian and
Chinese people. What chance it might have of passing the senate?

~~~
proberts
It's really hard to say because even in this world of divided/tribal politics,
immigration crosses party lines. While I don't think that it is impossible, I
still think that this isn't likely to pass.

------
crankylinuxuser
This might be orthogonal to your position, but I'll ask it anyways.

As an American citizen, what's the best way to protect my career so my job
isn't sent overseas or pushed to an H1B (or equivalent) at starter IT
salaries?

~~~
pj_mukh
Not Peter Roberts, but the best protection for you here is to push your
legislator to get rid of the H1B rule restricting the free movement of jobs.
H1b's can't freely change jobs and therefore stay stuck at low salary levels.
This is why, by and large, employers hire H1B's.

Once we get rid of that restriction, an H1B will match your salary level: an
actual free market where you will probably win.

~~~
Deinos
Excellent answer. Current rules create the equivalence of indentured
servitude, driving down wages for all and holding employees hostage.

------
echevil
Would you mind to share is it becoming easier or harder for startups to hire
foreign engineers on H1B visa in the past few years? And roughly how many
percent of YC companies support new H1B applications?

~~~
proberts
Yes, it's gotten much hard during the past 2 years although still strong
applications generally get approved although it's still sometimes a battle
even with strong applications.

------
bendavis381
Can you give us an update on the International Entrepreneur Rule?

~~~
proberts
It's still dead in the water although I wouldn't be surprised if the democrats
take it up after dealing with other pressing immigration issues like the
dreamers.

------
WestCoastJustin
How do you think the new USMCA will affect the existing NAFTA folks coming
from Canada into the US on the TN visa? This seems like a pretty big unknown
today. Any thoughts?

~~~
proberts
Oddly enough, I don't think there will be any significant change to the TN
category.

------
neom
I'm on a NAFTA TN, it's about to expire. now we have usmca do I need to do
anything, also have the job categories changed drastically? Thanks for doing
this.

~~~
proberts
Strangely, it seems that there will be no major changes to the TN under the
new agreement.

~~~
titanomachy
Since you find it strange, what reforms would you have expected?

~~~
proberts
Given the open hostility to NAFTA by the current administration, I thought
that the categories would have been reduced and made more onerous and
restrictive.

------
lovehashbrowns
I have my DACA expiring next year in late 2019. Since it has been cancelled
and can't be renewed, do I pretty much have no option but to leave the U.S.
next year?

~~~
proberts
It can be renewed. There's information about this on the USCIS web site.

~~~
mobspec
To follow up on their question, as a DACA applicant thinking of creating my
own company. Is this safe to do? Should I consider incorporating in another
country instead?

~~~
proberts
Yes, that is safe to do.

------
bakepath
For international students who went to US for undergrad, what is the fastest
path to become a naturalized citizen without getting married to an American?

~~~
CodeSheikh
I am not an attorney but very familiar with the process. Being an undergrad
puts you in an EB3 category. And you need to find a job within that category
and an employer willing to file a green card for you. Depending on your
country of birth, the entire process from day one to the day you receive a
green card can take up to 2 years. More for people from certain countries of
birth e.g. India/China.

------
dcaunt
If I moved to the US from the UK on an L1-B visa, how long does it typically
take to be granted a green card? Can the process be started immediately?

~~~
proberts
There's no waiting period and the timing will depend on the green card path
and category but likely a 12-18 month process.

------
tusharsoni
Anecdotally, I have seen more than a few people get the O-1 visa recently. Has
the bar changed for this visa? Who should consider applying for it?

~~~
proberts
It's definitely higher than it used to be but not by much. It's still within
reach of a lot of people and almost always worth exploring.

------
barbil
Hi Peter, I am an Indian citizen on H1B since 2007 with I-140 approved and
waiting for GC with priority date of June, 2011. My H1 expired early this year
and my company has filed for extension and responded to the RFE received. It
has been more than 4 months since the RFE response has been sent with no
outcome on extension yet.

Do you know as how long I will have to wait to know of my extension status?
Will I be able to hold my GC priority date, if my extension is rejected ? If
yes, what are ways for me to come back to US and avail my priority date and
get GC?

Thanks!

------
benjamta
As a British company looking to enter the US, is there a preferred mechanism
for seconding UK employees to a (currently non-existent) US entity?

~~~
proberts
The typical options to look at are the L-1 intracompany transferee visa and
the E-2 investor visa with, I would argue, the E-2 being easier but requiring
a substantial UK investment and here limited to UK citizens.

------
harigov
I am on H1b visa and would like to take a break of few months. Is there a way
to do that without going out of the country or losing my visa?

~~~
proberts
Yes, as long as the reason for the break comes from you and not the company
and this break is supported by the company, you can remain in H-1B status
while on a leave of absence, whether paid or unpaid.

------
ranjitcool1
Can H1b start a LLC and hire managers to manage it?

~~~
proberts
The question is whether that qualifies as "employment," regardless of whether
the H-1B is compensated. I think that a strict reading is yes but there are
grey lines which need to be explored.

------
nottorp
Is there any point with bothering with US immigation if you're not impressed
by the western europe <-> US income difference?

------
bakepath
What visa did people like, Collison brothers (Irish), who dropped out of
college and started Stripe have in the begin years?

~~~
proberts
I don't know what they got but many talented entrepreneurs without degrees get
O-1 extraordinary ability visas and if they're from certain countries E-2
investor visas.

------
akudha
Hi Peter,

on H1B, can I do any business at all? For example, can I earn from adsense on
my personal hobby website? Can I own rental properties?

Thanks

------
bakepath
Right now, besides China and India, are there any countries that are in queue
or about to to get a Green Card?

~~~
proberts
There are significant backlogs for people from the Philippines, Mexico, and
Vietnam as well (depending on the green card category).

------
godelmachine
How relevant it is to have a Masters of Science degree from USA, for one who
wants to immigrate to US ASAP?

------
bradnation
I'm a bootstrapped startup founder considering hiring an international student
on an OPT (obtained after recent graduation from graduate program in US).
Probably more of an employment law question but nevertheless - can I hire this
person under an OPT for an unpaid internship. P.S. I would like to pay him but
can afford to do so only on defferred terms e.g. upon funding etc.

~~~
proberts
During his first year of OPT, his work can be without pay but during his
second and third years of STEM OPT (assuming he's eligible), his work must be
paid.

------
lwansbrough
I’m Canadian. I want to own a Delaware C Corp and move to the US. An attorney
recommended to me the L1 visa. I think this will be a good option for me once
I’m in the position to qualify. However, with regards to the DE Corp, it seems
like I cannot be employed by the company. Is my only option then to issue
myself dividends? How would an E1 visa change that?

Thank you for your time!

~~~
proberts
I'm not sure that I understand the question but the L-1 for Canadians is still
a very good option and can be obtained even for brand new companies/offices.
Once you are in L-1 status, you can be paid by the U.S. company or even just
continue to be paid by your Canadian company.

~~~
EduardoBautista
How can a new company qualify? I "freelance" through a Delaware-corp I
registered a couple of years ago. I am a Mexican citizen, not sure if that
changes anything.

~~~
proberts
Self-sponsorship is prohibited in the TN category (as well as other
categories) so this isn't possible unless you have co-founders and co-owners
and are treated as an employee.

~~~
EduardoBautista
I was referring to the L1 category which you mentioned above.

~~~
proberts
Sorry, yes an L-1 could work although all work would need to floe through the
US company and you would need to add jobs over time.

------
azundo
If Trump pulls out of NAFTA before Congress passes the new USMCA what happens
to existing TN1 holders? Will those work authorizations still be valid until
their expiry?

~~~
digianarchist
"The three countries are expected to implement the labor mobility provisions
of the USMCA consistent with existing practices under NAFTA. Until the new
agreement takes effect, the NAFTA mobility provisions are expected to remain
in place without interruption. Each country maintains the authority to
interpret the provisions of the USMCA, and country-specific policies and
application procedures cannot be ruled out."

[https://legalservicesincorporated.com/new-usmca-and-its-
impa...](https://legalservicesincorporated.com/new-usmca-and-its-impact-on-tn-
visa-holders/)

~~~
proberts
That's right. My understanding is that those currently in TN status would be
unaffected.

------
proberts
I'll be taking another short break and will be back online in about 30
minutes. Thanks.

------
jayaram
Hi Peter,

I was wondering can you go to school (PhD program but taking part time
credits) while on a H1B ?

~~~
proberts
Yes, as long as the primary focus of your time is the H-1B.

------
ra7
Does having approved patent(s) qualify someone for an "upgrade" to EB1 at all?

~~~
proberts
Not necessarily. While that helps, more important is whether the patented
idea/product is original and significant and/or has been cited or used by
others.

~~~
mallocfree
Hey Peter, How much does number of citations to patent(s) matter? If it does,
do they look at total number of citations for all patents combined? How many
citations are considered 'good'? Thank you!

------
jammygit
How hard in general is it for recent Canadian grads to get permission to work
in the US?

~~~
proberts
It really depends on the offered job/occupation and the grad's background. But
still, with the TN, if the job/occupation falls within one of the NAFTA
occupations and the grad's education is in a related field, pretty easy.

------
seem_2211
Hey Peter, are you seeing anything new with regard to EB3 Greencards vs
previous years?

~~~
proberts
Actually, I haven't seen much change with the EB3 (or EB2) PERM process. I
would argue that the biggest change is with the EB1A green card category,
which has become a good bit harder to get.

------
proberts
I will be taking a 20-minute break and then returning for another couple of
hours.

------
rob_star
About to have my TN Visa interview next week. Any tips or recommendations?

------
howon92
Do you see any benefits for a permanent resident to become a citizen?

~~~
proberts
Voting in federal elections and it can't be lost or taken away.

------
shytey
I am a majority shareholder in and CEO of two US based businesses. I run them
remotely from the UK. Total 2018 revenue will be 450k. What are my options if
I want to move to the US?

~~~
proberts
Without knowing more, probably the E-2 and the O-1 are worth exploring.

------
bli940505
Can you give a summary of what has changed in the realm immigration after
Trump took office and your personal advice for moving forward with immigration
as a F-1 student?

~~~
proberts
Really, the main change has been with the H-1B program. It's just much harder
- and not because the law has changed - to get an H-1B now and not to get one
without going through the gauntlet of a request for evidence. But again,
still, strong H-1B petitions usually get approved.

------
vikiomega9
Thoughts on the EB5 visa route?

~~~
proberts
A minefield and with significant delays now. I would look at other options.

~~~
mallocfree
do you see any changes coming to EB5 program? Apart from delays which are
potential downsides? Thanks!

------
opendomain
[deleted]

~~~
proberts
Apologies but I'm a bit clueless on the ICO stuff. What's the immigration
question/concern?

~~~
opendomain
I am sorry - I thought you it was 'ask me anything', I did think it was only
immigration questions. My apologies.

------
excalibur
Hi Peter,

Can you please have Trump deported?

Thanks!

------
gist
Question for the admins (dang and sctb). This seems like an attorney trolling
for work a few times per year.

[https://news.ycombinator.com/submitted?id=proberts](https://news.ycombinator.com/submitted?id=proberts)

Note other AMA's which are typically different:

[https://hn.algolia.com/?query=%22AMA%20%22&sort=byPopularity...](https://hn.algolia.com/?query=%22AMA%20%22&sort=byPopularity&prefix=false&page=0&dateRange=pastYear&type=story)

Is this allowed because the poster 'does work for YC' meaning if another
attorney did the same thing on a regular basis it would get flagged?

~~~
sctb
No, no! Peter has been kind enough to lend his time (again and again) to the
Hacker News community at our request. We appreciate you looking out for good
behavior around here and I can tell you that this is extra-good.

~~~
AnimalMuppet
This is _very_ good. Someone who really knows taking a chunk of time to give
authoritative answers to questions on a topic that a bunch of people really
_need_ answers to? This is HN at its best.

