
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 noon (Pacific) 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!
======
whack
What advice do you have for someone who's on a H1B visa, wants to co-found a
startup, incorporate it, work on it part-time until it receives VC funding,
and continue working at their H1B "day job" in the interim?

My understanding is that the H1B visa does not allow you to do any work for
anyone apart from your visa sponsor. If a co-founder were to spend his
evenings working on his startup which has been incorporated, I'm not sure if
that would conflict with the above regulation, and if so, how to work around
this.

I'd be happy to contact you privately if you prefer that.

~~~
proberts
It's possible to have two H-1B employers, one based on full-time employment
and another based on part-time employment. This is referred to as concurrent
H-1B employment and it requires two approved H-1B petitions.

~~~
nialv7
So it's possible to found a company to sponsor a H1B for myself?

~~~
EduardoBautista
A lawyer once explained to me that there needs to be an employer - employee
relationship. Basically, there needs to be a possibility of being fired. So if
you have total control of a company the H1B visa would not be possible.

------
sctb
Some previous threads with Peter:

[https://news.ycombinator.com/item?id=14703052](https://news.ycombinator.com/item?id=14703052)

[https://news.ycombinator.com/item?id=11972135](https://news.ycombinator.com/item?id=11972135)

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

------
adamnemecek
Just wanted to say that not enough people know about the Green Card Diversity
Lottery [https://www.dvlottery.state.gov](https://www.dvlottery.state.gov).

The odds are kinda small and there are restrictions but I know at least three
people who got their green card this way.

~~~
elbasti
I've been told by attorneys that applying for the Green Card lottery does not
come without risk--in fact it can prevent you from obtaining a non-immigrant
visa.

For example, when applying for an F or J visa (student/post-doc, say) the
consular officer will ask you if you have intent to emigrate. The only allowed
answer is a firm "No and I have permanent connections to my home country."

If you've applied for the green card lottery in the past, the consular officer
could interpret this as having intent to emigrate and then deny you on any
other non dual-intent visas.

~~~
mabbo
This is really great to know. I'm on a TN visa, NAFTA based, which also has
the "this is temporary and I dont plan to stay" stipulation.

~~~
elbasti
Lucky(?) for you Mexicans and Canadians are not eligible for the diversity
lottery :)

------
charris0
Hi Peter, thanks for sharing info on what I feel is quite an unknown subject
to an outsider. I have a general question for you:

As a skilled software developer with a relevant UK university degree (3 years
BSC) and work place experience, interested in working in the US - What is the
ballpark range of costs and wait time involved in getting a visa to allow me
to work for a US company.

What's the general procedure, - get offer from job, then -talk to immigration
lawyer, or the other way around?

Thanks!

~~~
anond
(Not a lawyer, but US immigrant pretty familiar with E/F/H/J/L/O visas and
Green card)

There are some exceptions but the procedure is usually : get a job offer from
an employer that is willing to sponsor you, then talk to a lawyer... But a
lawyer might be able to help you find ways to immigrate without a job offer,
but that seems pretty unlikely to me.

The H-1B visa would normally be one of the 'classic' ways to be authorized to
work in the US in your situation, the problem being that in recent years
demand has far exceeded the available number (annual cap). For example this
year 199,000 petitions were received during the first week, for only 85,000
H-1B available (including 20k for holders of advanced US degree). Therefore
the USCIS now holds a lottery to determine which petitions will be reviewed
first, and once 85k petitions are approved, you have to wait another year to
apply...

The cost for an H-1B is nil for an H-1B as the employer has to pay for it and
cannot ask you to reimburse those fees. You might have to pay in order to have
dependants (wife, kids) added to your petition though.

The problem used to be to find an employer willing to sponsor you for the visa
(the difficulty varies greatly depending on your industry), now the H-1B visa
cap makes it more of a time issue unfortunately.

Other options you might look into depending on your how long you would like to
work in the US: J-1 for an internship, E-2 for a company whose 'nationality'
is the same as yours, L visas for a transfer to the same company in the US,
F-1 visa for studies, and the O-1 visa which I will let you research by
yourself and/or discuss with an attorney (the qualifications aren't as
difficult at they may seem, trust me)

~~~
charris0
really appreciate this rough guide thanks!

------
throwaway45599
I have a criminal record in the UK. I was convicted approx 5 years ago for
criminal damage, drunk and disorderly and resisting arrest. I was given a
small fine in magistrates court.

I have otherwise a great record and have set up multiple companies employing
approx 100 people here, including many awards and recognitions.

What are my chances of being able to move to the US?

~~~
joering2
Serious question: if you have setup multiple companies with 100 employees (per
company or total?) then why move to USA? If you are UK-citizen then it would
make more sense to stay in UK and continue your success, since you seem to be
good at it!

~~~
SirHound
The weather? Source: UK citizen wishing to move to the US.

------
calvinbhai
I've used up all 6 yrs on H1b (including recapture) and currently
transitioning to F1, I'm exploring the O-1 visa. I'm an Indian citizen, born
in India.

Question 1: Can I qualify for an O-1 visa if I'm part of a company as a co-
founder/CXO that's been accepted in Y-Combinator or similar programs? (does
that satisfy the "attained membership in associations that require outstanding
achievements....."?)

Question 2: In the mean time, if I want to register a company in the US (for
liability reasons) to release a free app in the app store, can I do it under
my current visa status (change of status from H1 to F1) if there are no plans
of monetizing the app in the near future?

Thanks

~~~
proberts
Regarding your first question, acceptance into YC definitely carries a lot of
weight and can go a long way toward supporting an O-1 petition. Regarding your
second question, as long as you are not receiving any value for your work
(with value not being limited to cash compensation), then I see no issue with
your release of a free app to help others.

~~~
calvinbhai
Follow up question based on "value not being limited to cash compensation"

So it'll work well until getting accepted into a program like ycombinator, but
I'll have to explore the O-1 visa options after getting accepted? Thanks.

~~~
proberts
It's a bit more nuanced than that, meaning that a work visa isn't necessarily
required.

~~~
user-on1
So on H1B one can create an android app and upload to play store? If it is
just for learning purpose and not going to derive any value?

------
gcdvl
I won the green card diversity lottery and will finalize the process in about
a month when I land in the USA. After that I'll be a permanent resident. I'll
stay for a few months to set things up, leave for a few more months to sell
some property and then move there permanently.

If things don't go very well and I decide to relinquish the green card and
return, will I be subject to any kind of exit tax?

Also, I'm having a lot of trouble setting up an address to receive the
physical card. A PO Box or mail aggregator is not acceptable and I can only
change the address up to the point of entry. This is a major concern for me
because I don't have anyone in the USA that could receive it on my behalf.

Is it possible to use "General delivery" near my arrival airport to get the
card? I ask because up to 2 weeks ago I didn't even know about that concept so
I'm still exploring that possibility.

Thank you for your time.

~~~
proberts
Regarding your first question, you should consult a tax accountant but the
short answer is that the penalty provision doesn't apply unless and until you
have been a permanent resident for at least 8 years. Regarding your second
question, this can be a real issue and one option is to hire an attorney for
the sole purpose of having your green card delivered to him or her. Whoever
this is should charge you next to nothing so this might make sense.

~~~
gcdvl
Thank you for your answer. I had read about the 8 year rule but was afraid
that there might be any other condition (like making more than ~ 100K in one
year)

Regarding the address, I didn't know hiring an attorney was possible for that
because I keep reading that the address must be a residential address. It's
ridiculous that this can't be updated after one lands, but such is life and
bureaucracy.

I still have a few weeks and will try to hire someone in my arrival city
remotely.

I take it from your answer, the "General Delivery" is not an option? I find
that strange because that would imply me having to identify myself to get the
mail, so in a way it's actually more reliable than using a friend's address.

Thank you for generously letting us use your time.

~~~
proberts
The mis-delivery of green cards and work cards isn't uncommon and can really
mess up the process so it's better to be conservative.

~~~
gcdvl
I'll start looking for an immigration lawyer right away since this is the only
loose end.

If things go really wrong my passport stamp is good for one year and from what
I understand I'll still be a permanent resident, it'll just be more difficult
for me to demonstrate that.

~~~
proberts
That's right.

------
dev_throw
Would applying for a green card on a TN Visa be considered a violation of the
non dual-intent of the visa and prevent me from renewing/applying for TN Visa
at the border?

Context: naturalized Canadian citizen (Indian born) on a TN Visa working in
the states.

From what I have read, green card applications are determined by country of
birth, and for India are upwards of 3 years. So, I would like to know if an
application for a green card would jeopardize future TN Visas at the border.

Thanks a lot for doing this AMA, Peter!

~~~
proberts
Yes, although you can apply for a green card while in TN status, a green card
filing could compromise your ability to obtain TN classification in the
future.

------
tucif
Are there legal ways to be hired as remote worker for a company that only has
operations in the US and live/work from another country? Edit: As a Non-Us
citizen.

~~~
samstave
Edit 2: what if I am a US citizen but want to live in another country and work
for a US based company remotely... how live as expat?

~~~
proberts
As a general rule, US immigration does not come into play for employment
outside the US even if the foreign-based worker is an employee of the US
company. Regarding employment abroad by US citizens, that will depend in part
on the laws of the country where the US citizen is residing and tax treaties
between the US and that country.

------
vira28
Peter, I am in H1B visa working full time for my employer, but I am also a co-
founder with equal equity (nothing on paper as on date) for a startup
incorporated in Delaware.

Is it legal to be a co-founder (and own equity) in a startup other than the
employer who sponsored my H1B? If yes, what I need to do? Thanks.

~~~
proberts
It is legal but you just can't be compensated for services rendered to the
startup unless you have work authorization to do so.

~~~
vira28
Thanks Peter.

So, to get the work authorization I need to apply for a H1B Concurrent visa.
Correct me If I am wrong.

~~~
proberts
That's right.

------
kilimci
Hi Peter,

I'll finish my PhD in ECE around May 2018 and look for employment in the Bay
Area. Do you think I should apply for NIW (I have over 300 citations and 10+
peer reviewed publications) or go through the process with H1B?

My wife and our son are on F2 visa right now. My wife is a computer engineer
and was not allowed to work on F2 visa during my PhD. Can she work as an H1B
dependent? Do you think it is worth to spend $10K to obtain NIW?

~~~
proberts
I would need to know more but it sounds like you would have a strong EB1A
extraordinary ability green card application so I would just go this route.
And the NIW route is very slow and the law oftentimes misapplied by USCIS so
it's not necessarily an easier standard to meet.

~~~
kilimci
Thank you for your response!

I have actually contacted an immigration attorney and she said that I would
have a strong case for NIW EB2 (not EB1) application.

However, I'm still not sure if I should go the OPT->H1B-> permanent resident
route or apply to EB2 for a faster outcome.

I know that companies have lost interest in employing foreigners so the EB2
might come handy in the job search.

~~~
proberts
I don't want to take issue with your attorney's assessment because she knows
your background better but oftentimes people underestimate their EB1A
qualifications and go down the wrong path.

~~~
kilimci
I see! Actually, her assessment was preliminary so I will research further
into EB1. Who knows :)

Thank you very much for your time and response. Have a great day!

~~~
proberts
Best of luck.

------
cgb223
If I'm aware that a member of my company is an illegal immigrant, what can I
do to protect them and the company?

~~~
kingmanaz
What can I do to report and deport said illegal immigrant? Also, which legal
authorities can be notified to punish said company?

~~~
proberts
Your obligation is to employ people who are authorized to work in the US and
not to knowingly employ people who aren't authorized to work in the US. So,
once you learn that an employee isn't authorized to work, your obligation is
to terminate the employment relationship. You have no further obligation to
report this person to the government.

~~~
cgb223
OP here

Obviously the above and below situations are hypothetical. I am currently
between jobs, and have never been an employer.

Let's imagine I was aware that a coworker is an illegal immigrant. Do I have
any obligation to take some kind of action?

Would it make a difference if one of the C-level employees was the illegal
immigrant?

~~~
blorsh
If your non-action could be construed as sheltering/encouraging/aiding the
illegal alien with employed in the USA, you're committing a felony. Other
coworkers could of course report you for that felony. Here:

[http://www.fairus.org/issue/the-law-against-hiring-or-
harbor...](http://www.fairus.org/issue/the-law-against-hiring-or-harboring-
illegal-aliens)

------
proberts
I am going to sign off now but I'll be back on again this weekend to respond
to any final questions and comments. As always, it's been a pleasure
conversing with everyone. I always learn something. Thanks.

------
gkuhlmann
Hi Peter,

I'm in US on a TN visa and started a company (no revenue/no employees) to list
apps on app store. When I went to renew my TN status, Immigration officer gave
me a bit of a hard time saying I needed approval to open this business from
Homeland Security. Is this true?

~~~
proberts
That's not correct but there are issues nonetheless in that the TN does not
permit self-employment and further USCIS and CBP oftentimes will deny TN
applications where the applicant is a founder or part-owner.

~~~
rmatthew
Will CBP give TN applicants a hard time if they are a part-owner with less
than a majority share in the company?

------
tocomple
Hi Peter, I'm working in the US for a big tech company with an H1B1 visa
(something like a lightweight version of the H1B, but exclusive for people of
Chile and Singapore). My wife is a US citizen. I want to apply for a Green
Card, but I'm not sure what's the path that I should follow. Is it more likely
to get it through my marriage or through my employer? Is there any
otherrelevant reason why should I choose one over the other?

~~~
proberts
Through your US citizen spouse, no question.

------
proberts
I'm going to take break now for an hour or so and then return. Thank you for
all the great questions and comments!

------
gyardley
As a Canadian citizen married to an American - would voluntarily abandoning
your permanent residency (say, to live in your home or a third country for a
few years) make it more difficult to re-obtain permanent residency in the
future?

~~~
proberts
No.

------
j1f1h1bgc
Hi Peter, I have heard they call you the James Bond of immigration. What do
you think you this nickname and how did you get it?

~~~
proberts
That is really funny. I don't know. Probably just my good looks.

------
coolsank
Hi Peter!, first off, just wanted to say thanks for all the help you provide
here! Its nothing short of amazing!

I'm currently on an H1B, but I'd like to set up an ecommerce store with a
friend. I understand that itself may not have enough grounds to get an O1
visa. Is there any other workaround for this scenario?

~~~
proberts
What's your country of citizenship?

~~~
coolsank
India

~~~
proberts
Then the O-1 and H-1B are your only options. While ownership/control is
generally not an issue in the O-1 context, it is in the H-1B context so to
proceed with an H-1B, you would have to cede ownership/control to your
cofounder.

------
ryandamm
Let me just say "thanks" for your help with our immigration needs!

Because Peter is probably too modest to self-promote, let me do it for him:
working with him is great, it was completely friction-free and we got our
employee's visa situation handled very, very quickly. Highly recommend.

------
opdahl
Hi Peter, thank you for doing this. I am in the process of starting my own
company in Norway, and I am planning on applying for YC within next year. I am
wondering, if we get accepted, what will be the best way for me to legally
start a US company, and work for it in the US for three months? I've heard
that H1B will not be possible since there would be employer - employee
relationship, so what would be a good option? You did mention O1, but I am
afraid I do not qualify since Inam straight out of university.

YC says that they accept 10+ non US companies for each batch, do you know what
visa they use while in the US?

------
achoonacho
Hi Peter,

If I want to enter the US under the TN visa, do I have to get a job offer that
says its only for a period up to three years (the max TN term)? What should
the job offer letter say about the period of employment, if anything at all?

~~~
proberts
Yes, you need a job offer and the initial requested period cannot exceed 3
years. The offered job needs to be within one of the listed NAFTA occupations
and the job offer letter needs to demonstrate this and also show that your
education is in the right field.

------
scollins
Hi Peter,

Indian Citizen here. I have a startup incorporated via Stripe Atlas. If it
reaches $1 Million in annual revenue, can I qualify for EB5 green card?

Or if I have around $500K in revenue and raise $250K from investors, does that
help with EB5?

~~~
sumedh
No OP but for EB5 you need million dollar in assets not revenue and you need
to hire 10 people in the US.

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

What are the steps towards citizenship after one got Green-Card via H1B ->
Green-Card route under the current administration's laws? Are there any
changes and new restrictions, etc.?

~~~
proberts
No changes yet and the naturalization process is generally very easy, 5 years
as a permanent resident to qualify (unless married to a U.S. citizen for 3
years, then only 3 years to qualify). USCIS's web site provides very good
information about the natz process.

~~~
SOLAR_FIELDS
My wife is a non-US citizen (Mexico) but has lived in the US for her entire
life as a permanent resident. As in, she was born in a Mexican hospital but
was taken directly across the border to her home in the United States when she
was released to her parents.

It's my understanding that if she ever decides to pursue citizenship that it's
generally easier to go the permanent resident qualification route vs. the
marriage route. Is this understanding correct?

~~~
corpMaverick
As far as I know it is irrelevant. If she is a permanent resident and has
lived in the USA for more than 5 years that 's it.

I am confused by your question. Are you sure she is a legal permanent resident
?

~~~
SOLAR_FIELDS
Yes, she is a green card holder.

My question is only whether the marriage route to citizenship takes more time,
effort and money than the route of permanent residency for 5 years.

------
vishakh82
Hi Peter, has the been any uptick in RFEs and denials for H1 applications and
transfers under the current administration? Have there been any other
noticable changes for startup immigration under this regime?

~~~
proberts
There's been a huge uptick in RFEs.

~~~
vishakh82
Does this have any material impact on the H1 process or is it simply an
annoyance?

~~~
proberts
It's more than annoyance unfortunately. RFEs can delay the process
significantly and can impact the continued employment of those in F-1 OPT
status - and in the end, I think that there will be more denials.

------
notfalse
Hi Peter. I am a US permanent resident and will be moving and starting work in
US soon. My wife is not a permanent resident or citizen of US. I'm aware that
I can apply for an F2A visa for my wife, but she will have to wait outside the
US for nearly 2 years.

Is there a way she can be in US, with me, while she waits for her permanent
residency?

Things we had considered: a) she can stay in US and work with a US company
(unlikely) b) she can stay in US and work remotely with her company outside
US. c) she stays in US and takes up studying d) she stays in US and just
waits.

Thanks for your advice.

------
yomansat
Hi Peter, thanks for doing this. I'm on L1B, and I was surprised to receive
221(g) while renewing my visa.

I was told to wait for 2-6+ months for a response and crossed my existing visa
that expires end of the year.

If my visa expires before hearing back, does that mean I lose my job in the
US? It's a European company so they might offer me to transfer back to the UK.

Do I have any rights in such a situation? like ask for a reason for this, or
perhaps a severance pay? can I still visit my spouse (in MA) on an ESTA given
this is considered a visa rejection for now?

Thanks again.

~~~
proberts
This is a complicated scenario and I would need to know all the facts to
respond. Please email me offline.

~~~
jacquesm
Your HN profile does not contain your email address, you may want to add it.
It's confusing because the 'email' field is not shown publicly, you need to
add it to the about field.

~~~
proberts
Sorry. It's proberts@robertsimmigration.com.

------
jlos
If NAFTA talks break down and the treaty is cancelled, what could happen to
Canadian workers on TN visas?

~~~
proberts
My understanding is that there would need to be separate Congressional action
to do away with the TN, which I personally think is unlikely. But if that
happened, then the impact on those in TN status would depend on the details of
the legislation doing away with the TN.

------
auganov
Consider the following scenario: a foreign (non-resident alien) founder gets
funded in the US, standard C-Corp. The founder and the entire team are based
in another country. The founder comes to the US once in a while for somewhat
extended stays (~1month) to fundraise, do deals, etc. Regular B1/B2 visa. But
expectedly, they will still do a bit of work in the meantime. Are they in
violation of the B1/B2? If so, would being paid by a foreign subsidiary help
it?

~~~
sidi
Not a lawyer, to be on the safe side - you would want to avoid a scenario
where you are getting paid or do anything that may be treated as skilled labor
while on a B1/B2 visa. Breaking this may be grounds for revoking your visa
status.

You can be compensated for your travel, meal, lodging expenses from a US
entity, and you can take meetings, close deals, fundraise, and perform other
business activities.

Update: You may have personal funds in your country that you would use for
covering your expenses and that should be okay. Any ambiguity with such costs
being a payment (you mentioned it a subsidiary) for services rendered should
be avoided.

------
prspecialist
Hi Peter, currently on my 3rd E-3 visa with the same employer as a 'Public
Relations Specialist'. My employer is now starting the green card process.
They are preparing the application, and have updated the job description to
reflect my current responsibilities and minimum requirements.

My BA major is a field called "Performance Studies', which is an obscure
interdisciplainry sub-field of Social Sciences and Humanities. My specific
research is directly related to my job - experiential marketing in nonprofits,
and my employer considers this a "related field" to Marketing, Communications
or Public Relations major.

My issue is that my employer does not want to list "Performance Studies" as a
required major in the minimum requirements, but my lawyer is recommending we
do this to avoid a denial. What are my chances of approval if we list minimum
requirement as "BA degree in Marketing, Communications, Public Relations, or
related field" \- with Performance Studies + my specific research as the
'related field'? I'm finding it hard to get advice from peers as most people I
speak with applied for their GCs as engineers or mathmatics majors - your
thoughts are much appreciated!

~~~
dudus
Do you have co-workers that do the same job you do?

If you do whatever job description they draw for you needs to apply to your
coworkers as well. They can't say your job description requires a degree on
"Performance Studies" while having other people on the same function with
Marketing degrees.

PS: I'm not a lawyer, this info is based on legal advice I had when doing my
own green card process from L1

~~~
prspecialist
Thanks Dudus, this is a good point. I have coworkers who do similar parts of
my job, but their role requires they do their function exclusively while my
role requires that I do it all.

------
vonagam
Hi, i'm looking in possibility of setting up subsidiary for US firm for which
i'm currently working as contractor to qualify for L1 visa after next year of
work.

I'm curious about last sentence in subsidiary definition:

"(parent) owns, directly or indirectly, less than half of the entity, but in
fact controls the entity."

What are possible examples of control without ownership? What legal documents
can be provided to prove such relationship?

~~~
proberts
That is part of the definition but USCIS rarely accepts it. This would somehow
mean control of the board of directors of the sub.

------
throthrothis
Please all H1Bs of Indian nationality. Do not waste your time, age, money and
family life waiting for H1B based GreenCard. Its a lost cause. Move to Canada,
Australia or somewhere else. Live a good life rather than being indentured
servants for US corporations for a good chunk of your productive age. I moved
to Canada some years back and I am really happy about my decision.

~~~
CrasVestibulum
(throwaway account)

After 12 years (of which 7+ years waiting for a green card) I have come to a
similar conclusion.

How do you compare living in Canada vs USA , like schools and opportunities
for spouses ?

~~~
throthrothis
I waited for 3 years in a top American company and I concluded that I will be
wasting all my productive years for a GreenCard.

What use is a GreenCard to me when I am old ?

What will happen to my kid's school and education if I am forced to move from
one location to another ?

What if I buy a home and I cant live in that because I have to move to another
state ?

Why can't I accept job roles which differs 50% than the one in my PERM ?

Why should I redo my LCA if the next job is more than 50 miles ?

Should I stay put in a place and do not ask for salary raise till I get my
greencard ?

To hell with all these draconian immigration system.

So I opened up my stackoverflow careers for jobs in Canada, landed a job and
they processed my temporary work permit(in 4 months time). Landed in Canada in
2014 and within 1 year we became a permanent residents through the Express
Entry program. We bought a home recently.

Salary:

Since I was on H1B, I was given very less (110K) compared to American
counterparts who does the same job. But the Canadian employer did not see me
like an indentured servant. I was paid more than the US salary. (conversion
considered).

The quality of schools I cannot comment because we do not have any kids yet.

Spouse can work !

My wife could not work in the US (She is a masters degree holder). She was
sitting in the apartment watching Indian TV channels all day and trying out
new dishes. I knew she was getting frustrated day by day.

My wife got a job within 2 months after landing in Canada befitting her
education and experience.

We didn't mind the cold. We cared for equal treatment, freedom in life,
acceptance and a peaceful life. We got everything as we expected after moving
here. We have started to enjoy our life now.

~~~
CrasVestibulum
Glad you made the move. Thank you for the info, will explore more.

I have changed jobs about 5 times, each time the new employer had to redo the
I-140 (retaining the priority date from the first application).

The whole process is so broken. My colleagues from east Europe could get their
green card within a year of application and yet Im forced to wait for years!

~~~
throthrothis
I fully understand. Australia is another option if not Canada. For me, I don't
like to live on the edge, every decision I made in the US was dependent on my
visa. Why should I risk and depend on my luck for US immigration's mercy when
I have the skills ? I did not know the pitfalls of US broken immigration
system when I came to the US. If I knew earlier, I would have immigrated
somewhere else. Anyways all I can say is 4 years of my life was wasted by
staying in the US.

------
lijurajpillai
I have one company in India and another in US and I am the CEO of both. Same
name and same directors (Indian citizens) but not a subsidiary .The India
company is 4 years old and US company 1.5 years.For the US company we have US
Bank account , Tax filing etc. I visit US in B1 frequently , what is the best
option for me to pursue Green card. Is L1A a good option?

------
peterburkimsher
I went to Los Angeles and did a summer job at Axiotron in 2008. Then I tried
to convert to a student visa when I moved to study at UCSB for an exchange
programme.

My address changed, and I never got a letter asking for proof of funds. The
USCIS didn't recognise the letter from my parents' bank.

I petitioned to reopen the application when I found out it was denied. I
waited for months, and eventually was given 30 days to leave the country
because I didn't have $25,000 cash in my own name (I was 19 years old. I still
don't have that much money now). Thankfully I was already scheduled to leave 7
days later - the process had taken the entire year, so I finished my exchange
programme.

I think that means the US kicked me out, and I can never get a visa to go
back. I did travel there as a tourist once, over land from Canada just in
case.

Is it worth ignoring any opportunity to work in Silicon Valley because of that
bad experience? I'd rather work in New Zealand or Canada or (stay) in Taiwan
anyway.

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

If a recent college grad is on OPT, and lets say they majored in actuarial
science (STEM), are they allowed to make money selling crafts and art that
aren't related to the major? I know there's a clause for jobs unrelated to
your major, but I wasn't sure if this applied to selling art or having art
showings. How does this work?

Thanks!

~~~
proberts
Unfortunately, that would be viewed as work and since it's outside your
friend's field of study, it would not be allowed.

~~~
kreeWall
Do similar restrictions apply once H1B is granted?

~~~
proberts
Yes.

------
cltxp
Two questions; thanks for the AMA!

\- Does Premium Processing I-140 actually decrease the total time to green
card for concurrently filed cases? (i.e. does USCIS really do work on 485 even
before 140 is fully adjudicated?)

\- How early would it be "safe" to quit job and start a tech startup after
green card is issued for a software engineer at a bigco?

~~~
proberts
Regarding your first question, it's hard to say but my feeling is yes, that
this can sometimes speed up the review and approval of the I-485 application.
Regarding your second question, there's really no risk to leave right away as
long as your green card was obtained in good faith. This is further supported
by AC21 which allows the "porting" of green card applications after 6 months.

------
nickhalfasleep
Thanks for answering questions. This is sort of an oddball question, but does
the case of Xytex Corporation v. Schliemann in 1974 still hold much bearing
these days on immigration and technology employment?

I was told by Mr. Perera, that it was one of the first cases in this field and
he was always proud to have been involved in it.

------
kmonad
Hi, post docs in the USA often hold J1 Visas. Afaik this means: no intention
to immigrate, and no right to start a business. But life plans may change, and
thus both these may become problems. What advice do you have for
entrepreneurially minded researchers w/o the right to act on it?

------
xoail
Hi Peter,

I am Indian citizen on H1-B with GC EB2 priority date of 4/2011 and approved
I-140. I've been with same company ever since in US. Is there a way to make my
GC processing go any faster? A lot of my friends are in similar situation and
are eager to star a company. Many thanks!

~~~
proberts
The only way is to "up" your green card application to an EB1A application.
This is a high standard as you probably know but not unreachable by those with
strong backgrounds. If you would like me to evaluate, send me your CV.

~~~
xoail
Thank you! I will be doing so.

------
lauragomez1
Hi Peter, I got a L1B visa a month ago, i.e. I'm an intracompany transferee
and I want to know if I'd be authorised to work for other companies in the US
in the future. If so, should I have to get a different kind of visa? What's
the process like? Thanks!!

~~~
jonathanpoulter
I'm also on an L1B visa, to my knowledge there's no such flexibility, to the
point that you'd have to move back to your country or have a new company file
a brand new H1B application if you wanted to move, I don't know how frequently
this is done. An L1B visa is actually very restrictive as I understand it, any
insight Peter had would certainly be interesting.

~~~
proberts
The L-1B visa does not allow you to work for another company. You would need
to get separate sponsorship to work for another company.

~~~
lauragomez1
Thanks for your replies guys, how likely is it to get sponsored by another
company taking into account you already have experience in the US and
currently live in the US? Also, is it possible for me to set up a startup if I
wanted to? Thanks!!

------
throwawayjon
I first had my H1b approved several years back. I was with Company A for 2
years before I moved back to India to work at another company. I then came
back to the US where I worked on H1b (same visa) for Company B for another 2.5
years. So I've used up around 4.5 years on my H1b that was first issued in
2007. I left the US and am now based in Canada.

I recently got another offer from Company C in the US. Does Company C need to
apply for a new H1b, or can they simply transfer the current H1b I have? Note
that my current H1b (that was sponsored by Company B) expired in May 2017, but
I still have 1.5 years that I can use on it before the 6 year limit, as far as
I understand. I hope my question makes sense.

~~~
proberts
That's a complicated question and depends on USCIS's interpretation of its
regulations but there is an argument that you would not be subject to the
lottery and still have 1.5 years of H-1B time left.

------
jaydenwindle
What advice would you have for someone who wants to immigrate from Canada to
work in Silicon Valley but does not possess a post-secondary degree? Is there
a particular visa that is well suited for tech workers without a post-
secondary education?

~~~
sunir
What are you doing exactly? Some TN only require 3 years experience

~~~
jaydenwindle
Working as the CTO at an early stage startup. I've got about 6yrs of dev
experience, but was under the impression that under a TN the only matching
category was a computer systems analyst, which requires a degree.

~~~
sunir
CSA does not require a degree. You can use any post secondary diploma and 3
years experience.

If you only have high school, you will have a harder time. You could try tech
writer. But if your title is CTO you will have trouble. If you have a
certified engineer or scientist as your boss (CEO?) you could be a scientific
technician.

Grasmick.com is the lawyer I suggest talking to if you want personal advice.
He also has an TN ebook worth buying.

------
nb250
I'm here on an H1B. My employment sponsored I-140 was approved over 180 days
ago. I'd like to change jobs, and my prospective new employer has
renewed/transferred my H1B (not approved yet, but I have the receipt). The
I-140 application has not been transferred

However, the day I intended to resign my current work I got a notification of
interview from the USCIS (to take place in the next month or so).

The interview I'm told may result in getting the greencard on that da, or they
may need up to 5weeks for additional review.

What happens if I do follow through and change jobs in the days prior to the
interview, does that have any affect?

------
rafikicoln
Thank you for doing this Peter! How does the H1B transfer work when switching
jobs? How do I make sure that I can stay in the country while switching jobs
and I don't have to wait 3 months to get an approval.

Thanks

~~~
coolsank
IANAL, but once your new firm applies for the new H1B petition (the H1B
transfer is technically not a transfer, but a new H1B petition itself that is
not subject to the cap), and you receive the receipt of your notice (usually
take 2-3 weeks), you can start working for your new firm. There's no
requirement to wait until it gets approved.

~~~
proberts
That's correct and you can even start working for the new employer upon
confirmed delivery of the H-1B petition to USCIS< But there's risk with this
of course. Unless there's a compelling reason, it makes sense to wait until
the petition has been receipted in by USCIS and the filing fee checks cashed.
But also note that you do not need to start working upon receipt; you can
remain in valid status in the US while the petition is pending and only start
working after it is approved.

------
rc77
Hi Peter, thanks for answering questions!

Could you please comment about changing employer after obtaining employment-
based Green Card?

It's considered to be safe to work for current employer for at least 6 months
after getting GC. However there is no such legal requirement and there's the
AC21 Act. Also I've heard about 2-year period after getting GC: if applicant
worked less than 2 years for sponsored employer, he/she should prove his
intent to work permanently. After 2 years USCIS should prove lack of intent.

However it's still looks like a grey area.

Thanks

~~~
proberts
It's really not gray at all. As long as the green card was obtained in good
faith, there's no obligation to continue working for the sponsoring employer
for any period of time after the green card is issued.

------
amingilani
I'm currently in the process of gaining recommendations for my EB2-NIW visa.
Would you have any advice for the recommendation?

Also I made a web app to make it easier for people to write recommendation
letters for me[1]. If anyone here has critique, I would greatly apprecate

HN PLEASE DON'T POST IT, I PLAN ON MAKING A SHOW HN NEXT WEEK. But you're
welcome to recommend me and share the fact that you recommended me via
email/twitter.

[1]: [https://recommend.gilani.me](https://recommend.gilani.me)

~~~
proberts
Without knowing more about your background and the basis of the application,
it's impossible to say but for NIW GC applications to be successful, the
applicant needs to show a history of achievement as well as future employment
in service of the national interest.

------
rootedbox
I'm a US citizen in SF.. my girlfriend is Canadian. Is there any easy way for
her to stay here long term minus marriage. She has a degree but not in a field
where sponsoring is likely.

~~~
proberts
Unfortunately, no.

------
gvsi
Hi, I received a full-time offer to work as a software engineer at a company
in the Bay Area after my graduation in May 2018. They are willing to sponsor
my H-1B, but I am also looking into other options in case I don't get it.

Now, I am an undergraduate student in the UK. I am also finalizing the
contract with the same company for remote part-time work (20 hours/week)
during my final academic year (around 9 months of work). I would be on the EU
Payroll of the same company.

Could this remote part-time work count for a L-1 visa?

Thanks

~~~
proberts
No, unfortunately. For employment to count toward the year of qualifying
employment for L-1 purposes, it needs to be full-time and the individual needs
to be employed as an employee not as an independent contractor.

------
kudakarkat
Can a startup hire only H1B holders and no american citizens at all?

~~~
proberts
No. A startup (begun by foreign nationals) absolutely can hire US citizens.

~~~
mrilhan
He's asking if he can hire H1B holders _only_, I think.

~~~
kudakarkat
Yes, A company with 'only' H1B holders.

~~~
proberts
A company with a high percentage of H-1B workers (there's a formula) can be
deemed "H-1B dependent" and this then brings in an onerous set of
requirements.

~~~
kudakarkat
Thanks Peter.

------
wireedin
Hello Peter. First thank you for taking the time on addressing these very
important questions. I am sure these are very emotional topics for many and we
appreciate your help.

My question is: What is the process after submitting DS-260 and supporting
documents on Immigrant Visa / Consular Processing. My interview should be
scheduled in Tbilisi, Georgia for which I believe visas are current. I would
appreciate if you could advice with approximate time frames for each step.

------
quanglam2807
Hi Peter, I am a Vietnamese student studying in the US with the F-1 visa.
Recently, together with my American partner we opened a startup using Stripe
Atlas.

The visa doesn't allow me to work in the US so I'll go back to Vietnam in the
next four months to work on the product. But when I go back to school, what is
the best way for me to work legally? I know I can apply for OPT but it would
take me up to three months to get approved. Is there a better solution?

~~~
proberts
There really isn't unless you wanted to abandon the F-1 visa altogether and
move to the O-1 which would allow you to work full-time and go to school part-
time.

------
TomMarius
Is it possible to obtain a permanent residence in the US while continuing to
work for my own foreign company with no US office as a some kind of a sales
representative?

~~~
proberts
It depends on the basis of your green card application.

------
jfim
Are there any drawbacks that you can think of with regards to having a green
card instead of staying on H1B? The only thing I can think of is the fact that
having the green card can potentially mean that there is potentially an exit
tax to pay for high net worth individuals, assuming one wants to leave the US
after more than eight years.

Also, if someone is on H1B and ends the visa (eg. break in employment), do
future H1B applications have to go through the lottery again?

Thanks!

~~~
proberts
Yes, essentially the exit tax is the only downside I can think of. And no, a
break in employment doesn't necessarily mean that the individual has to go
through the lottery again.

~~~
jfim
Cool! Thanks a lot for doing this, it's really interesting to read all the
questions and answers.

------
planck1
Hi Peter, thank you so much for this! I have questions about the O1 visa.

1\. If a startup sponsors an O1 for a founder, will there be any issues with
1/ the O1 founder having the CEO title 2/ the O1 founder owning between 30-50%
equity in the company? Is it effectively the same as if I was on a green card?

2\. If the startup that sponsors the O1 substantially pivots to a new idea,
what are the implications for visa status? Does it require an entirely new
application?

Thanks so much!

~~~
proberts
Regarding your first question, both are generally non-issues. Regarding your
second question, the answer depends less on changes to the company's business
model or more on changes to the O-1's job duties but generally a new O-1
petition shouldn't be required.

------
practicium
Hi, I worked on a H1B from 2008 until 2009, then from 2013 until 2015 for a
different company, all in all I have used very close to 3 years. 1- Can I
reactivate my H1B at any moment to work for a company in the US for another 3
years ? 2- On a H1B is it possible to work in the US for 1 week per month and
the rest remotely from abroad? Does it have to be at least 2 weeks per month?
4 weeks per month? Thanks so much for doing this!

------
Chamuco1198
Hello Peter: I'm a U.S. male citizen who married a Mexican single mom. The
child is a U.S. citizen as well. We're in the process of getting my wife a
green card. Because of my job in L.A., and because my wife's business
interests are in Mexico, we have a commuter marriage. She intends to stay in
Mexico until we're empty nesters. Will that be a problem in the interview when
getting her green card? Thanks much

~~~
proberts
You might have to do some explaining but in my experience, when a marriage is
legitimate, even if the couple is living apart, the green card application
always gets approved.

~~~
apsychas
Wouldn't the wife have to move to the US within six months once she's approved
for the green card?

~~~
wesleyd
I recently learned about "commuter" green cards, which let folk live in Canada
or Mexico:
[https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0...](https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-15844/0-0-0-15897.html)

~~~
proberts
That's a good summary but essentially one needs to demonstrate frequent and
regular trips to the US for employment to qualify.

------
graeme
How would you go about establishing us income for an E1 visa?

Background is I showed the consulate all my sales reports. I'm in a niche
where almost all worldwide sales are in the us. So about 85% of my sales are
from there.

They're not considering the documents. They want a report from an accountant
or an auditor. I'm producing that, but given their extreme skepticism so far,
I'm wondering if there's something else I should be doing.

~~~
proberts
Which Consulate are you dealing with?

~~~
graeme
Toronto.

The in person interview didn't go as well as it ought to have. My lawyer
neglected to have my 2016 tax return in the documentation they sent.

------
throwawayy21
Hi Peter, I'm supposed to move to US on L1B visa. I have scheduled already
appointment in the US embassy. However, in the meantime my situation changed
and I will resign my current job (I decided not to move to us) - although I
haven't done it yet. Will there be any legal implication if I cancel my visa
appointment or it's better to first obtain L1B and then quit the job (losing
L1B).

Thank you.

------
Throw123away555
Peter, for an E2 visa, when demonstrating that an investment is "substantial",
how does the accounting work for intangible or in-kind contributions to the
business? Is it possible to include the value of time spent building the
initial product (while outside the US)? Does it make a difference if the
applicant had a foreign company to do the initial development and paid
themselves a salary?

~~~
proberts
At the end of the day, cash investment is really all that mnatters although
arguments can be made of course for the transfer of IP assets.

------
anon1486
Hi Peter, I'm a Iranian PHD student and got 2 offers from a big co and a
startup. Both companies were very excited on having me on-board, but now both
have decided to not move forward with my export license. This comes at a
terrible time as I just got my opt and now need to find a new job. Can you
shed some light on the requirements of export license and costs associated?

------
bitlis
I know that while on H1B, I can co-found a company as long as I can
demonstrate a employer-employee relationship. But what can I do if I want to
apply for green card under my company, if I only have enough qualifications
for EB2? From what I understand, Labor Certification for EB2/EB3 will not go
through if the applicant has significant shares of the sponsoring company.

------
squillful
Hi Peter! A friend of mine has just started OPT and has founded a company. She
plans on using the STEM extension too, which was a successful path for myself
and some others, but the recent changes to the STEM extension seem to be
considerably more limiting now. Do you have any guidance on options for
founders considering the OPT and STEM extension route?

Many thanks in advance!

~~~
fgandiya
What did they change about the STEM extension?

~~~
squillful
This blog post sums things up well -
[http://blog.cyrusmehta.com/2016/03/suffocating-the-
foreign-e...](http://blog.cyrusmehta.com/2016/03/suffocating-the-foreign-
entrepreneur-under-the-new-stem-optional-practical-training-rule.html)

Whilst it's pretty great that the extension was increased from 17 months to 2
years, you now have to prove an employer-employee relationship, which is
significantly more limiting than the previous iteration.

~~~
proberts
That's right.

------
itissid
Hi Peter, Thanks for doing this. 1\. Since premium processing for many H1B
categories is suspended are tech companies looking to wait out 2 or so months
to wait for the USCIS approval to hire an H1B(assume in this case that person
cannot work on the receipt of the H1B application)? 2\. What processing times
are you seeing currently for H1B petitions?

~~~
sumitgt
Just a datapoint: I recently transferred while premium processing was
suspended, and it took only about a month for me to get the approval.

~~~
proberts
That's right, regular processing of H-1B petitions oftentimes is not taking as
long as people initially feared. In my experience, they are getting reviewed
within 2-3 months, sometimes less.

------
johmathe
If someone has: \- a full-time job in a foreign country (say, Germany) that
sends him in the US on a 2 months mission, \- a part-time job in the US (1 day
per week), which let him work from Germany but also in the US under a part-
time O1 visa (accepted).

How should that person enter the US for the 2 months trip? Under an VISA
waiver B or O1 part-time?

Thank you so much for your time.

~~~
proberts
The issue is authorization to work while in the US so he definitely should
enter the US on the O-1. This doesn't preclude him from also working on behalf
of the German company while here.

~~~
johmathe
Thank you very much!

------
throwawaygrant
My startup took a convertible note angel round. We were planning on raising
another round, but then won a large grant. It will take us to profitability,
and we don't plan on raising any more.

How do these types of situations typically resolve for dealing with note
holders, when there is no longer any expectation of another raise or
liquidation event?

~~~
proberts
Sorry but that's outside my area of expertise.

------
simplyaccont
I am currently in USA on L1 visa and I also have an L2 visa and EAD which will
expire in February. Is it possible to extend EAD while entered to USA on L1 ?
And is there a way to check validity of the visa: when I got L1 visa my B visa
was stamped as canceled but L2 remained and I want to make sure that it's
still viable.

------
phaefele
Thanks for doing this Peter. I am currently thinking of accepting a US
computer programming job (part in US, part in Canada) and am thinking of using
a TN visa to travel back and forth (1 week per month in US, 3 weeks in
Canada.) Do I need to be concerned about what might occur if Donald Trump et
al decide to drop NAFTA?

~~~
proberts
Yes but I think that NAFTA won't be trashed and even if it were that some type
of TN "visa" would survive.

------
zeusk
Hi Peter!

I'm currently a student on F-1 visa. I had two questions re: immigration.

* If I apply to and get into YC, what would be needed on the visa/work authorization front? Will I have to apply for pre-OPT/CPT?

* When considering someone for post OPT, does USCIS check for 12 months including pre OPT and CPT or is it just 12 months of CPT?

~~~
proberts
Regarding your first question, there are a lot of factors at play so email me
offline. Regarding your second question, always check with your school but
what counts against your 12 months of post-completion OPT are pre-completion
OPT and 12 months of full-time CPT.

------
dpbrown81
Hi Peter, thanks for your time. Any specific tips for the E3 process when US
employing entity is brand new? We are an Aussie company that has been around
for 7 years. We are setting up a new US entity and first hire in the US is an
Aussie. In your experience would a new entity face any extra scrutiny?

------
47
Hi, We are a Canadain Startup, but we also have a US corporation as well as we
have as we have employees and warehouses in US.

Our System and Network Mamager is Canadian PR but I will like for him to work
in US for time to time. He is a Russian Citizen. What kind of VISA we can
apply for him to be to work in US?

~~~
proberts
He might have multiple options (depending on his employment history with you
all and his overall background) but an L-1, O-1, and H-1B might all be
options.

------
bharatnt
Hi,

I am from India and I want to know the options that I have to come to valley.

I don't have graduate degree but I have learned Computer Science from sites
like edx and coursera.

If needed I can pay a little fee on those sites and get the certificate of
complications that they provide.

What are available options?

I really appreciate you taking time to do this ama. Thank you

~~~
proberts
For an H-1B, you would need to have the equivalent of a 4-year bachelor's
degree and this equivalency can be based on foreign education or experience or
a combination of the two. The evaluation would need to be done be a certified
evaluator.

~~~
bharatnt
Do the course completions or certificates from these sites (edx, courseram,
etc) count?

------
arm64
Hi Peter, I recently moved to US (from India) on L1B. While I was in India, I
had an app on App Store and making small money. I developed this app in my
personal time and this is not related to my job. Can I continue improving the
app (in my personal time) while I am in US on L1B?

~~~
proberts
This remote employment stuff is tough because immigration law and policy
haven't caught up with it. The short answer is that it might be okay but this
is the kind of question that you should explore in detail with an attorney
because of the implications of working without authorization.

------
paloaltokid
Hello Peter! I am a US Permanent Resident since 1997. Should I be concerned
about traveling internationally at the moment, US politics being what they
are? Or is it safe to assume that if I leave the country for a short while,
I'm not going to get turned away at the border?

~~~
tehlike
What is the reason you dont naturalize? Future tax concerns?

~~~
proberts
Not so much for tax reasons - because permanent residents are generally
subject to the same taxes as citizens - but for estate planning purposes,

~~~
tehlike
That is why i said future tax. Like you hit it big, and wouldnt want to deal
with renouncing your citizenship.

Otherwise you dont really need to be a perm resident. Being resident for tax
purposes is sufficient.

------
user-on1
Thanks for doing this Peter.

I came across a rule like this.

On h1b one has to get income only from visa sponsor and not from any other
source.

What is the logic behind this rule? How does this benefit anybody? How does
this impact anybody?

Does this rule mean after office hours one cannot even write a blog and make
additional income using adsense?

~~~
proberts
That's all correct.

------
cmsonger
I have an employee who has been given access to the country on an L1A. We have
filed priority for a renewal. USCIS has asked for more information on our
request for his reapplication but we have not yet received the letter. His
visa expires on the 30th of August.

Should he leave the country?

~~~
proberts
You should call USCIS immediately and ask that the RFE be faxed to you all and
then make a decision. It's possible, if the RFE was never mailed or was lost,
that you will be given extra time to respond.

------
pedro_hab
I'm going to the US on a J-1 visa, I don't have a Bachelor's degree, though I
have 2 years pursuing it.

It seemed unlikely I'd get a H1-b w/o the bachelors, what other options do I
have?

I've thought on going back to Brazil for a year, then coming back on a L1 as a
last resort.

~~~
reubenmorais
(IANAL) Don't forget that the J-1 (from Brazil at least) has a two-year home
residency requirement that means you need to live in Brazil for two years
before applying for any permanent visa. There's ways to petition for the
requirement to be waived but I'm not sure about the details.

~~~
pedro_hab
That's my second J-1, I actually got the waiver for the first, but we gave up
going for the H1-b at the moment.

It was pretty straightforward getting it as a brazilian.

------
ignawin
Hi Peter, is there a way to transfer F1 to J1 visa, so that me as a SO of the
F1 holder can get J2 (as a spouse) to be able to work in the US? More
specifically - that would be the only reason for my SO to switch the visa
type, which IMHO is not sufficient.

~~~
proberts
It's possible but this would depend on both your school and the particular J-1
sponsor. Usually, it's not possible if it's to switch from F-1 OPT to a J-1.

------
peterjlee
Hi Peter, what effects do you think Trump's new policies on immigration will
have on OPT/H1B engineers in Silicon Valley tech companies? My friends freaked
out when he was first elected but so far they're saying not bad as they
thought.

~~~
proberts
It's so hard to say but my feeling is that (right or wrong) anything that gets
implemented won't really impact highly skilled and educated workers and might
even benefit them.

------
TremendousT
With all the anti-immigration fervor coming from certain quarters these days,
do you recommend getting an attorney for filing I-751's? Uncomplicated
situation. I'm a US citizen, wife is from an uncontroversial sub-saharan
African nation.

~~~
proberts
We generally advise our clients to file I-751s on their won and save the money
because it's a really straightforward process (assuming no issues).

~~~
TremendousT
Thanks Peter. Quick one while you're here: How much do we include? Both names
are on all apartment leases for the time period, but do we include the 25
pages in each lease, or just the signed pages? Ditto bank statements.

Maybe you recommend a web site that offers the right advice on the packaging
of evidence. Forums and things I find are completely contradictory.

~~~
proberts
I would recommend including complete copies of the leases and monthly bank
account statements covering the two years if possibly.

------
MarkSweep
Is there a firm near Mountain View you would recommend to consult about
specific cases?

I am an American citizen considering marrying a foreign national who has a F-1
visa and would like to know more about the process of applying for permanent
residency.

~~~
ankitrohatgi
If you don't have any weird issues like divorces, children from other
marriages etc. to worry about then the process is quite straightforward and
you may not require a lawyer if you just follow what the USCIS website asks
you to do.

~~~
MarkSweep
That's what I've heard, but I just want to check some of my assumptions.

------
ottoid
If one were to want to immigrate as an investor from a country of birth such
as Oman but bring funds in from Country of Nationality - such as India, how
much would they need to bring in to qualify for the green card via investment?

~~~
proberts
Through an existing "regional center" company, $500k.

------
leff_f
Hi Peter, can a sales representative for a Canadian company come to US to
negotiate contracts/do sales (the work is done outside of US) with just B1/B2
visa? or a different type of visa required? Thanks!

~~~
proberts
Yes, admission as a B-1 visitor would be appropriate where as here the product
sold is manufactured outside the U.S. and the beneficiary of the sales is an
entity outside the U.S.

~~~
leff_f
Thanks for your help Peter!

------
kentosi
Hi Peter,

I'm an Australian on an E3 that's been approved for the H1B. Do I need to go
all the way to Sydney to get sticker on my passport? It's a long and costly
flight ...

I was hoping to be able to do it at an embassy in Canada.

Thanks in advance!

~~~
proberts
Not at all. You can go just about anywhere to get your H-1B visa stamp,
Canada, Europe, South America, the Islands, etc.

~~~
kentosi
Thank you so much! I thought there might have been issues since this was my
first time getting an H1B.

~~~
SirHound
As someone who is eligible for an Australian passport, I was going to get one
on the understanding the E3 is superior as it would allow a spouse to come
with and get a job. Is there a specific reason you're moving to a H1B?

~~~
samhoggnz
An E-3 isn't dual intent, there's no path to a GC unless you switch.

~~~
kentosi
Exactly. I'm converting to the H1B to get the GC.

~~~
proberts
That's not correct. An E-3 can apply for a green card. This is a common
misunderstanding. There's no need to switch to H-1B.

~~~
kentosi
Sorry, this is contrary to everything I've heard and read. I thought non-
intent meant that I can't apply for a green card?

I guess it would be too late now, but what's the process of getting a work-
sponsored green card while on the E3?

Thanks so much again.

~~~
proberts
It's a longer discussion which I would be happy to have with you but there is
no question that an E-3 worker can apply for a green card while in E-3 status.
The short explanation is that the issue is intent at the time of admission and
intent can change after admission.

~~~
darrenmc
I'd be very interested to find out more as I always understood that there is
no path to GC from E3. Others have also suggested that entering the GC lottery
could jeopardize E3 renewal as it demonstrates an intent to become a permanent
resident.

------
rafikicoln
Hi Peter, thanks a lot for doing this. My question is: assuming no processing
wait for my nationality how long and how much $$ will it take to get an EB3
greencard sponsored by my startup company? thanks!

~~~
proberts
I'll share the costs offline but assuming no wait time, the PERM process is
moving quickly now, so about 12-15 months.

------
geff82
Hi Peter! I would like to move to the USA on an E-2 Treaty Trader visa.
Problem: wife is Iranian (and so far only has such passport). She also owns
some land in Texas. Any way for us to move anytime soon?

~~~
proberts
Yes, her Iranian citizenship doesn't mean that she can't get a nonimmigrant
visa even under the current limited ban.

------
7ont
If I happen to possibly pursue the Green Card route through my wife (US
Citizen), and invariably divorce her in the coming few months, would that hold
any bearing on my US Citizenship?

------
MapleLeaf00
I know someone that has been working on a work visa for the last 11 years in
the US as a management consultant on a TN Visa. He is Canadian born.

Can this person start applying to become an US resident?

------
richardknop
Hi. How hard is it to qualify for a L1B visa? Is the requirement to spend at
least one year working in overseas branch/office of the company fixed or can
it be relaxed in some cases?

~~~
proberts
Individual L-1B petitions are very tough these days. The one-year of
employment with a related entity abroad is the minimum requirement but you
also must demonstrate the possession of "specialized knowledge," an elusive
concept which is subject to seemingly arbitrary decision-making by USCIS.

------
visa_throwaway
Hi Robert, thank you for your time!

We have a small 2 people company doing web products, making about $1m a year.
Does this help in any way to move to US (and move the company)? If so, what is
our best path?

Thank you!

~~~
proberts
Possibly yes but again the details matter. Depending on where you all are from
and the structure of the US company, you might qualify for E-2 visas or even
O-1 visas.

------
pfarnsworth
I heard USCIS has cracked down on H1B percentages at companies, auditing
companies with more than 15% H1B ratios. How has this affected the job market
for H1Bs and H1B transfers?

~~~
proberts
It's more that USCIS is conducting more site visits but I haven't seen this as
impacting the job market for legitimate H-1Bs or the H-1B process.

------
tush726
What does it take a start up founder to get an O1 Visa approved ?

~~~
proberts
It's a mix up factors so it's hard to say in the abstract. For example, a lot
of good press might mean that you can get by with fewer publications or
awards. But for startups, it's important, whatever form the evidence takes,
whether clients or press or funding, that USCIS sees some external market
validation of what you're doing.

------
earlyriser
Can a Canadian, living in Canada and working remotely, be an employee of a US
tech company (if the company has no offices in Canada)? Or he/she need to be a
contractor?

~~~
proberts
Yes.

------
CodeMage
Hi Peter,

Thank you for taking the time to answer the questions. Mine is: how long
should a Green Card holder stay with the company that sponsored the GC to
avoid future problems with USCIS?

~~~
proberts
There's really no minimum amount of time if the green card was obtained in
good faith. I've never seen an issue when this is true.

~~~
joering2
When you say in goid faith, you mean obtained for purpose of living in usa
right? Contrary to obtaining it for some sort of terrorist/troublemaking
reasons? Is that what good faith means?

~~~
proberts
Sorry. No I mean good faith in that both the company and the employee intended
during the process to continue the employment relationship into the
foreseeable future.

------
eth_vig
Thanks Peter! What is your opinion on the status of H-4 dependent EAD. Is it
likely to be revoked by the new administration? If so, what happens to
individuals on H-4?

~~~
throthrothis
Individuals on H4 can go watch Indian TV channels in their apartment and try
new dishes. They can also occasionally dust their degree certificates once in
a while. OR they can use Express Entry of Canada and move to Canada. Like I
did.

------
visathrowaway
Hi Peter. Do you have any experience with MTR for O-1 visas? Once filed, how
long the response from USCIS could take? What are the odds of visa approval at
this point?

~~~
proberts
Yes, we do but oftentimes the better approach is simply to refile the O-1
since MTRs can take a while to be reviewed.

~~~
visathrowaway
Since an MTR can take an indefinite time to get processed, I wonder what's the
benefit of going this route vs refiling an O-1?

------
Nimsical
Hey Peter, thanks for doing this :)

I'm on an O1, founder or a company and have slightly less than 50% onwernship.

I've been thinking of getting a green card. What's the best approach?

~~~
proberts
I'd need to know your background but the first option I would look at is the
EB1A extraordinary ability route.

~~~
Nimsical
I have no degree, but have had a documentary made about my first startup in
Canada + speak at conferences / meet-ups from time to time, have a couple of
pieces of press and have a profitable business with a handful of employees

~~~
proberts
Sounds good. You might have a strong EB1A green card application.

------
mikesholiu
Hi Peter,

Can founders be on a TN visa (Canadian citizen) and have a CEO title +
directorship? Also, is there anything special to be aware of regarding equity
for a founder on a TN?

~~~
proberts
Both USCIS and CBP oftentimes will reject TN applications by founders, owners,
and executives. This isn;t necessarily justified legally but it has become
common practice.

~~~
planck1
Piggybacking on this, if they are employed as an engineer and not explicitly
as a founder, can they still be issued a significant (>30%, <50%) nonmajority
equity share in a company?

~~~
proberts
USCIS and CBP will deny TN applications based on significant ownership alone
even if the employee is truly working as an engineer and owns less than 50%.

------
dojaboy
What words of advice would you have for someone out of status for over 1y
(ex-F1) starting a startup with partner (engaged) who won green card lottery?

------
seshagiric
hi Peter,

I am on a L-1 visa. Is there any law against sub-letting my rental i.e. can I
receive any income other than my job, when on a L1 visa. Thanks for your help.

~~~
proberts
There's no clear guidance but as long as sub-renting doesn't become a
"business" \- meaning that it's just limited to your one place - then I see no
problem with it.

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

As a Brit with 10 years experience as a developer but no degree, do I have any
hope at all of being able to come and work in the USA?

~~~
proberts
Absolutely. The requirements for an H-1B visa are a bachelor's degree or its
equivalent based on ducation and/or experience and you might have the
equivalent of a bachelor's degree (although typically 12 years of experience
are required). Also, you might qualify for an O-1 visa if you have a strong
background or even an E-2 visa through a British-owned company in the US.

~~~
rogual
I may be able to claim 12 years if I'm allowed to include my time creating
Flash games for small amounts of money in my late teens.

Is that sort of thing counted as experience or do they mean permanent
employment only?

~~~
proberts
Sometimes yes, sometimes now. It can depend on the sufficiency of the
documentation confirming this work.

------
ryanx435
What was the process of you getting hired at YC? Like, did you contact them,
did they reach out to you, or was it through a recruiter or something?

------
tush726
Can startups hire people who have received their I-140 with a priority date?
What all does the start up need to do to be able to hire such folks?

~~~
proberts
Absolutely. Startups are in no different position than established companies:
you just need to demonstrate that there's enough money to pay the H-1B salary
and run the company and enough work for the H-1B employee to do over the life
of the H-1B validity period.

------
himanshuvb
What do you recommend to immigrant founders who come to YC who are on H1b visa
of another company but ready to go full time with their startup?

~~~
vira28
Same question !!

~~~
proberts
Possibly get an H-1B through the startup or even an O-1 - or even change
status to B-1.

------
rburhum
Without necessarily naming the company/actors:

\- What is the most messed up scenario that you have seen where a founder got
ripped off?

\- What about the other way around?

~~~
proberts
Sorry but I'm not sure what you mean by ripped off.

------
hnd910
I'm a H1B holder. Can I apply for the green card my self? What is the major
factor to apply it (money, skills, works profile...)?

~~~
proberts
Essentially, there are 3 grounds for self-petitioning: through investment or
based on extraordinary ability or national interest. The major factors depend
on the path.

~~~
hnd910
Thank you. Have a great day!

------
godonholiday
What should an immigrant employee know about 401k and stock options in their
startup? Is it worth their time investing in these?

------
srinivasang87
Hi Peter, Thanks for fielding these questions! Do you think Trump will revoke
the H4 EAD rule? If he does, how long would it take ?

Thanks, Srini

~~~
proberts
I don't think that he will but the risk of him doing so while low isn't
insignificant.

~~~
srinivasang87
Thank you Peter! Appreciate it.

------
visawondering
Hi Peter,

What are the tax/any implications of working remotely from California for a
Florida based company which is sponsoring an E-3 visa?

Thank you!

------
TomMarius
Do I have any chance of getting a H1B or any other kind of work visa with no
formal education but a proven track record?

~~~
proberts
There's an equivalency formula which governs. The quality of one's employment
or one's ability is relevant in the O-1 context, not the H-1B context. Without
a bachelor's degree, you would need 12 years of full-time professional
experience to be deemed to have the equivalent of a bachelor's degree, which
is a requirement for H-1B classification.

------
sunir
How would you suggest structuring a startup with one founder in Canada and the
other in the US from an immigration point of view?

Thanks!

------
dahx4Eev
What's the recommended way to bring an employee to the US? How to choose
between L1 + L1A and H1B + EB2/3?

~~~
proberts
That really depends on the particular facts relating to the company's
operations, the employee's background, and the offered job. Email me offline
with the facts if you would like me to analyze.

------
michaco33
Hi Peter,

I held an H1B from 2012 to September 2015.

If I were to look for visa sponsorship again, am I cap-exempt because of my
previous H1B?

~~~
proberts
Yes, you have the option of being cap-exempt and using the balance of your 6
years.

------
toews
Canadian Software Engineer without a degree, what are my options for working
in the USA, is it possible ?

------
toews
I am a Canadian Software Engineer without a degree, what are my options for
moving to the USA to work?

------
joyceschan
I have been granted a TN visa, can CBP take it away from me without cause when
I cross the US border?

~~~
proberts
The short answer is yes and CBP does this all the time although there has to
be some basis for doing so. But the risk is real - in short, admission once in
TN status doesn't guarantee admission in the future.

------
drcnyu
What is one critical thing that you think founder should know , which you
think they don't ?

~~~
proberts
That O-1s and EB1A green cards are oftentimes within reach and that the E-1 or
E-2 os oftentimes a great option.

------
lechevalierd3on
Is the 6 months grace period (not changing employer) after getting a greencard
a real thing?

~~~
proberts
No.

------
FruityFarm
What's the best way to transition from TN Visa (Canadian) to H1B or green
card?

------
alantrrs
Is the startup visa (International Entrepreneur Rule) dead? or is there still
hope?

~~~
proberts
Effectively dead, yes.

------
tush726
What's the process to transfer an H1B for a future employee as a start up?

~~~
proberts
I;m not sure what you mean. Please elaborate.

------
nyddle
Is there a way to remotely open a bank account in the US for a Delaware
c-corp?

~~~
gragas
Yes? You can open a bank account on almost any bank's website.

Even my local bank in town will let me open a business bank account remotely.

~~~
qaq
Not a business account though

~~~
gragas
You are wrong. I am in the process of opening a business account remotely.

~~~
qaq
In the process sounds very nice which bank? (and are you a US citizen or
resident?)

~~~
gragas
I'm a US citizen. Banks are very nice when you know everyone who works there.

------
smaili
Has the new administration impacted YC working with people here on visas?

~~~
proberts
There's really been minimal change to date. The biggest "change" was killing
the startup rule.

------
FruityFarm
Can I work on side projects that don't make money on a TN visa?

------
Nydhal
What is the worst case legal costs for a green card through H1-B ?

~~~
proberts
i really don't know because this will depend largely on the legal fees charged
and there's a wide range.

------
munchor
Hi Peter,

Is it possible to convert from a L1 visa to H1B visa while in the US?

Thanks.

~~~
proberts
Yes.

------
EternalData
How much does it usually cost for an EB-1 process?

~~~
proberts
There's a wide range because the cost is almost all legal fees and I just
don't know what everyone charges. If you'd like to know our fees, email me
offline.

------
zaatar
Same Q as last time:
[https://news.ycombinator.com/item?id=14707266](https://news.ycombinator.com/item?id=14707266)

------
djebril
Have you had algerian clients in your career ?

~~~
itschekkers
I am a client of PR, and I am algerian :)

------
seshagiric
hi Peter, thanks for doing this. Does buying real estate property in US help
towards Greencard in any way?

~~~
proberts
No, unless you are running a real estate business that is employing people.

------
conatus
No borders?

------
mtzaldo
Hi Peter,

How to get a Green-card via TN visa?

Thanks,

~~~
hughdbrown
A Green Card is a visa with permanent intent. A TN visa has temporary or
limited intent. At best, such a transfer would signal that your TN was not
pursued with temporary intent.

In my IANAL experience as a Canadian who immigrated to the US, you need to
transfer to a permanent intent visa like an H1-B from which the conversion to
Green Card is more straightforward. Alternatively, marry an American.

~~~
proberts
Again, not correct and a common misunderstanding. One can go from a TN
directly to a green card.

~~~
Caligula
How does one start this process? I work at a YC company fwiw on a TN visa.

~~~
proberts
I would have an attorney evaluate your background - through review of a resume
and a follow-up call - to see what you might qualify for.

------
shaq_hammer
Do you have a moral defense of your supporting h1b or other immigration for
work in an industry already showing signs of bursting for new native grads[1]?

1: [https://i.imgur.com/kMicDgO.png](https://i.imgur.com/kMicDgO.png)

~~~
proberts
Sorry but I'm not sure what you are asking.

~~~
shaq_hammer
I'm asking how you justify helping more enter a market that's already showing
signs of starting to not have enough room for natives, as you can see in the
screenshot I linked. It drives down wages and makes it harder for natives to
get a job, and a lot of native grads are struggling.

~~~
proberts
I'm not an expert on the economy and I can't speak for other immigration
attorneys but I know that many of our clients are creating good businesses and
hiring local US workers.

------
lauragomez1
Hi Peter, I'm on a L1B visa, i.e. I'm an intracompany transferee. Can I work
for other companies in the future? What would the visa process be like?
Thanks!!

------
lauragomez1
Hi Peter, I'm on a L1B visa right now, i.e. I'm an intracompany transferee.
What if I want to start working for another company in the future? Will I have
to switch to another kind of visa? What would be the process like? Thanks!!

------
JimmyYue1
Hypothetically if I had a friend who immigrated illegally and was born to no
nation (no certificate), how can I as owner of a business (of any hypothetical
size) help him? Is there a path to citizenship and what does that hypothetical
path look like?

