
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 1 pm 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 are here: <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>. Email is in my profile and you are welcome to get in touch!
======
deanmoriarty
Hi, first of all thank you for your time.

I have been a green card holder for a bit more than 5 years now, and would
like to move forward with the naturalization process.

For better growth opportunities, I changed employer soon after my green card
was obtained (about 2 months after). I have stayed with my former employer
(big enterprise which sponsored my H1B and then GC petition) for 3+ years, and
with my current one (the small startup I moved to after the GC) for 5+ years,
always working in the same field and performing similar software engineering
duties.

Besides that, clean record (just a couple minor traffic tickets).

My question for you is: do you think it would be wise for me to move forward
with this and start the N400 process, or do I risk opening a can of worms
which could backfire on me and in the worst case having my green card revoked
because of alleged fraud, especially considering the new administration?

Thanks

~~~
jonhohle

        > ... especially considering the new administration?
    

Not to be rude, but it sounds like you are a lawful permanent resident. Do you
have any evidence that suggests that lawful permanent residents are being
treated any differently by the government now or in the future by the
government? There’s a lot of FUD trying to conflate what’s happening to people
entering the country by bypassing official immigration processes and those,
like yourself, who have done things by the book.

~~~
fredophile
There have been plenty of news articles in the last two days about the current
administration forming a task force to remove citizenship from naturalized
citizens that they believe lied on their applications. That's citizens, not
just permanent residents. The immigration process is long and complicated. It
would be easy to make small mistakes here and there. Technically, some of
those mistakes could get you deported.

~~~
jexah
> remove citizenship from naturalized citizens that they believe lied on their
> applications

If the individual was given citizenship on the basis of those lies, then it
makes total sense to revoke citizenship.

That would be like hiring a developer who says he is an amazing programmer who
can solve any problem. Turns out after he got the job, not only is he terrible
at programming, but he's also a liar. So you fire him.

If you lie on an application for something, and you are awarded, generally
speaking it makes sense to revoke the award if it is discovered that you lied.

~~~
PaulAJ
On the other hand, what if you say, for instance, that you got your degree in
'93, but actually it was '92? The trouble with the law is that it doesn't
distinguish between whoppers, fibs and clerical errors. They are all
falsehoods, and all are grounds for deportation if the government decides it
wants you out of the country.

~~~
jexah
I assume you meant to say "you claimed you got your degree in 93 when you
actually got it in 92". I work in the background check business and each check
has its own windows of acceptance. Depending on how long ago the degree was
awarded, the window can vary from 0 years to 10+ years. This is also
contextual, as if the immigration application was submitted in 93, and you say
you got your degree in 92, when you actually got it in 94, and your
immigration was approved in 95. This is a clear case of an invalid
application.

Having said that, I'd like to see an example of deportation on the grounds of
a 1 year mistake in the year one had received their degree, when the degree
was received 30 years prior to application. I would like to see it not because
I'd agree with such a measure, but because it would give you a strong case.

As it stands I don't believe that anything close to that has happened.

------
proberts
I am going to sign off now. As always, it was a pleasure and honor to
correspond with everyone. If I missed your question or if you have a question
not asked, either post here - I'll be checking in over the weekend - or send
me an email (my email address is in my profile). Have a great weekend.

~~~
neil_s
Thanks for taking the time Peter! In case this question catches your eye on
the weekend: Suppose, as an Indian citizen working in the US on an H1-B for a
large tech company, I want to start my own company, but don't plan on having
funding soon. Would the path be to incorporate a company, get some people to
serve as a board of directors for it, and then file a concurrent H1-B? If so,
some questions:

1) Can the new startup, with a competent immigration lawyer, file a concurrent
H1-B petition with sufficiently high chances of success? Or can the USCIS
apply discretion to choose not to approve the petition since it's a tiny
company?

2) The concurrent H1-B application wouldn't require me to go through the
lottery again, right, since I've already gone through it for my primary one?

3) Is ceding control of the company as simple as electing people you trust to
the board of directors, and giving them the power to hire and fire you? While
still maintaining 100% ownership with a co-founder?

Also, unrelated question: have you been seeing trends in the acceptance rates
for L1A applications? I'm currently working outside the US for a large tech
company as a Product Manager, and while I don't directly have people reporting
to me, I do have executive-level responsibilities. PMs from my company
previously had no trouble getting L1As, but I'm hearing rumors now of things
getting harder and slower and more rejections happening on the basis of people
not being "manager" enough with the new administration.

------
emk133
Peter - are you seeing a shift or a trend where individuals with immigration
need are possibly heading to other countries (e.g Canada) given the toughening
stance on immigration here in USA recently?

Also what would be your 2 cents for citizens from oversubscribed countries
such as China/India who practically have to wait for ever now to get work
based GC? Head over to Canada?

~~~
gsvclass
I moved from SF to Toronto last year with a Canadian PR. Absolutely love
Toronto and miss Cali. My motivation was to get out of a work visa and explore
some startup ideas. I have a blog [https://movnorth.com](https://movnorth.com)
to help others who are considering Canada. From traffic to the site and the
forums I can tell that a lots of people are going this route.

~~~
tempestn
Unfortunately with the new provincial government (elected to a majority with a
strong 37% of the vote...) Ontario is starting to look a lot more like the US
in its attitude toward immigrants, among other things. I would suggest
Vancouver instead, if not for the astronomical cost of living (although I
guess not compared to San Francisco).

Edit: Fortunately the provincial government doesn't really have any say over
immigration, but I am disappointed to see these attitudes spreading.

~~~
dariusm5
You're making a very broad assumption and making a very specific suggestion
based on it. Even though you corrected yourself later saying that immigration
is not controlled provincially, this type of thinking is pretty backwards.

I think it's caused by people reading too much into sensationalist news
articles and headlines which exaggerate or hyper-focus on useless details to
get attention and views. While in reality, nothing has really changed (or will
likely change) that would cause someone to move to another city.

It reminds me of the people who talked about moving to Canada after the last
American election. I'm curious to know if the people that moved were actually
impacted directly by the election or whether they were just trying to make a
political statement.

~~~
tempestn
I'm not suggesting that someone would leave Toronto to move to Vancouver
because of the change in government. Just that if you were thinking about
moving to Canada and evaluating possible destinations, the more immigrant-
friendly attitude in BC compared to Ontario might be considered. Mostly I'm
just lamenting the negative attitude in general though.

------
ajiang
I think I am in a long line of people who really appreciate all the help and
guidance Peter has given. If you have startup immigration issues, Peter is
your guy.

~~~
afsana
Hi Peter,

Fully agree with @ajiang -- Thanks a lot for taking the time.

outside of YC and start-up specific immigration matters, do you handle non-
YC/start-up cases?

Thank you.

~~~
proberts
Of course but to be clear (and I'm not being modest) there are a lot of good
immigration attorneys and many who specialize in the representation of
startups and entrepreneurs.

------
whoisjuan
Hey Peter. I've been researching this question online a lot and always see
conflicting answers. Can you start a side project or job (e.g., a website
generating revenue or teaching classes after work) if you're on H1-B but
already got an EAD card while waiting for a green card?

I see many people online saying that would invalidate your H1-B and many other
people saying it's ok because your H1-B and EAD card are independent.

~~~
proberts
Yes, once you have an EAD as part of a green card application, you can do
anything - but just make sure that this work is consistent/isn't inconsistent
with the basis of your green card application. What's the basis, if I may ask?

~~~
whoisjuan
My Green Card application is a (EB3-> User Experience Designer) and I have an
unmonetized website with a good amount of traffic. I want to monetize (getting
Ads income, potentially setting a content subscription) it without
jeopardizing my H1-B.

Is this consistent?

~~~
proberts
And you'll remain with the sponsoring employer? If so, then no issues.

~~~
meguv
Piggybacking on this question, can you have a secondary source of income (e.g.
from a website) if you're on an H1B but have not applied for a green card yet?

More specifically, at what point of your status can you start earning money
legally from another source?

~~~
proberts
So, selling something every now and then (like your car or used furniture,
etc>0 is permissible but when it becomes a business (a grey line admittedly),
it requires work authorization.

------
proberts
I'm back and apologies for the delay. (It was not because I was watching
Brazil Belgium.)

------
practicium
Hi Peter, and thanks!

My question relates to the ability of reactivating "old" H1Bs after several
time periods abroad.

(French national here)

I got my first H1B in October 2008 and left my job (and the US) in November
2009 (that's ~1 year and 1 month)

Then I got it "reactivated" and came back to work in the US in November 2013.

Transferred the H1B visa to another company in May 2013 (so that's ~6 months)
and left the US again in June 2015 (that's another ~2 years and 1 month)

All in all, I have used around 3 years and 8 months of the "same" H1B in
total.

At this point in 2018, would it be theoretically possible to come back to work
in the US under the "same" H1B visa without going through the whole process of
quotas/lottery etc. ?

All the best

~~~
proberts
We've dealt with this issue several times and the outcome will depend on how
USCIS applies its rules/policies but it is possible that you will not be
subject to the lottery and could get another H-1B for the balance of your 6
years.

------
MyHypatia
Hi Peter, A friend of mine is a US citizen from Iran. His father is receiving
medical treatment in the US for a very serious condition. His mother wants to
visit to be with her husband, but has been unable to get a visa due to the
Travel Ban. How can we petition for a waiver? We have contacted congressional
representatives, so far no answers. Worried that his mom may not have the
opportunity to see her husband if his condition worsens.

~~~
proberts
So she applied for a visa and wasn't granted a waiver?

~~~
MyHypatia
Yes, she has applied for a visa multiple times, and has taken medical
documentation on her husband's condition. So far she has not successfully
obtained a visa.

~~~
proberts
Email and let's talk because we've obtained waivers for Iranian citizens.

~~~
MyHypatia
Thank you! I will email you!

------
oneworld
Hi Peter, Thank you for your time, I have been in the US for 16 years and
stuck on the H1-B-> GC infinite wait list since I am from India. I co-founded
a startup that now employs > 10+ U.S Citizens with ~ 1M ARR. Any advice on
accelerating my GC application would be immensely helpful

~~~
timewarrior
I will write a bigger post later on. But whatever happens do not apply for
I-485 till you get your I-140 approved.

I did that mistake and had to leave US recently after my I-140 and I-485 got
rejected. Once your I-485 is denied - you can't move to options like O-1, E-2,
B1 etc. H1 will be your only option.

As far as chances of EB1-A. If you work in tech and are a startup co-founder,
the chances of getting an EB1-A currently are really low. I talked to quite a
few top law firms recently - BAL, Wolfsdorf etc, and they all mentioned that
tech startup founders are finding it really difficult to get EB1-A.

Two of my petitions were rejected. I had lot of media about me, sold a company
to Dropbox, leadership positions in various companies, wrote a book which is
part of MBA course, judge at hackday. Apparently that was not enough.

------
Townley
In your opinion, are there other countries that have a significantly better
process for handling skilled immigration applications. And, if so, what
lessons from them would you like to see brought over to the US?

~~~
red_professor
Canada. Transparent, point-based system and a conditional PR for a limited
period which can be extended and eventually lead to citizenship.

~~~
uiri
Harper got rid of the points based system around 2013.

~~~
yzmtf2008
Not true. [https://www.canada.ca/en/immigration-refugees-
citizenship/se...](https://www.canada.ca/en/immigration-refugees-
citizenship/services/immigrate-canada/express-entry/eligibility/federal-
skilled-workers/six-selection-factors-federal-skilled-workers.html)

~~~
uiri
It appears that Trudeau has moved to a hybrid of the Express Entry system when
it was introduced and the old points based system. This describes how it
worked a few years ago: [https://www.cbc.ca/news/politics/immigration-changes-
to-watc...](https://www.cbc.ca/news/politics/immigration-changes-to-watch-for-
in-2015-1.2828021)

------
dvainsencher
PhD in Machine Learning, on O-1 based on research. EB1B got denied (I have
enough accomplishments, company accomplishments excluded for weird reasons).
O-1 up for renewal next year. 1\. How often are O1 extensions approved? 2\. Am
working for the same company, which does not publish its research, does that
hurt chances of extension? 3\. How much harder is EB1A standard than EB1B?

------
nawgszy
I am a Canadian citizen in California on a TN visa. I have been working on a
project that I would like to post as a website and monetize, but has no
relation to my TN visa, of course. Is this possible to do without having a
green card?

~~~
proberts
You would need separate work authorization to do that.

~~~
nawgszy
Good to know, thanks. Can I ask for slightly more direction on that? Can it be
something like [https://www.uscis.gov/greencard/employment-authorization-
doc...](https://www.uscis.gov/greencard/employment-authorization-document) or
is there a specific form I can seek to fill out somehow?

~~~
yandie
You'll need your employer to sponsor you for employment-based green card - you
can't self-sponsor.

However, TN visa is single-intent and meant to be temporary, i.e. you can't
immigrate on this visa. This is different from dual intent visas H1B and L1
where they are dual intent.

This means that you can't travel until you are granted Advance Parole. This
can mean a year or two waiting in limbo in the US.

Source: in the process for employment based green card and have a few friends
who switched from TN/E3 visa to green card

------
iabacu
My wife received a job offer from a start-up, however her i-765 application
(c09 category) has been pending for over 8 months with no action.

We filed a service request back in April based on the case outside of
processing time. NBC responded saying we'll receive an action notice within 60
days. It's been over 80 days now and no status change.

We filed an expedite request, then faxed the job offer. They are asking to
wait until next week. We have contacted one of CA's senator office in
parallel, but not response yet.

How likely do you think this will finally go through? And is there anything
else we can do? Her job start date is 3 weeks from now.

~~~
proberts
You should contact your local Congressional office and ask for that office to
make an inquiry - this is done all the time and oftentimes yields helpful
information and results.

------
godelmachine
Hi Peter,

What are the chances of RAISE act being approved by Congress? It aims to curb
legal immigration by more than 50% over the next 10 years.

Really wanna know your opinion on this.

~~~
proberts
Even with this Congress, I think that the chances are low.

~~~
godelmachine
Thanks for your thoughts, Peter :)

------
ereyes01
I've heard that NAFTA provides an easier immigration process for employees in
a NAFTA country (Canada or Mexico). How does that work, and what are the
limitations and trade-offs of this method, if any?

~~~
proberts
The TN process can be very quick and easy but it's definitely getting a lot
tougher and the outcome oftentimes really depends on the NAFTA occupation -
some are straightforward and some aren't - and, as a general rule, it's easier
to get a TN as a Mexican citizen than as a Canadian citizen.

~~~
rezashirazian
As a Canadian I got my TN at the port of entry. I've talked to Mexican
nationals who said they had to go to a consular and pass an interview before
getting their TN.

Unless this has changed recently, this comment is not true.

~~~
lloydde
I read @proberts comment to say Mexicans are more successful than Canadians at
getting TN visas. That the Mexican process is more onorous does not
necessarily influence the outcomes. Maybe, that a Canadian TN application is
solely decided at the border works against it.

Unfortunately AFAIK there are no published statistics for TN approval rates.

It might also be worth noting that TN is not a dual intent visa like H1B.

IANAL.

------
SXX
Hi Peter,

Here is my situation: I am a person with passport of Russia, but I have chance
before me to participate in US startup as co-founder. Company will likely be
incorporated in Delaware with US citizen as primary founder. So I have a few
questions:

1 - With "startup visa" initiative dead in water would it be possible for me
acquire US visa with work permission if company likely going to have no more
than 5 employees at least in first few years?

2 - How should I go with managing my share in US company? Do I absolutely need
to find US lawyer to represent my interests? (I absolutely trust my US
colleague, but I worry that we can accidentally do something wrong). Should I
register myself as owner of share in company? Or it's better to control share
through my own company in EU / UK?

Thanks for many answers you're already given; they are all really useful!
Excuse my grammar since I write this in haste.

~~~
proberts
1\. Yes, and an O-1 is often the visa that we get for talented founders (from
Russia and elsewhere). 2\. With the long view in mind, I would recommend that
you all hire a lawyer to handle the corporate stuff.

~~~
smu
That’s very interesting. I was under the impression that O-1 visa require
verifiable world class talent (such as making the olympics in your
discipline). Could you elaborate on what the bar is to be eligible for O-1
visa?

------
red_professor
Hi Peter,

As an H-1B holder with entrepreneurial ambitions and no Green Card in sight
for any foreseeable future, how hard is it get an O-visa?

I am not a research scientist or a Ph.D. holder or have any publications, just
your garden variety Software Engineer (with a graduate degree). With IER
parole gone, what is a feasible way for me to quit my job and work on my own
idea?

I don't have funding yet (and don't plan to receive one nor do I need one
immediately), but have a feasible idea, some crud prototyping and positive
responses from a small clientele.

My idea requires a good amount of field research, going to conferences and
workshops, etc. (it's a B2B product). I am also required to go to meetups to
scout for talent and to keep abreast of latest happenings in the tech scene,
etc. I can't do any of these with my regular H-1B 9-5 job. How do I get off
H-1B?

P.S. EB-1, E-2 are not an option.

Thanks.

~~~
proberts
I know, the options are very limited and the O-1 can be tough even for
incredibly talented engineers who don't have publications, press, etc. I would
need to review your CV to give you a firmer assessment.

------
vazhifarer
Hi Peter!

I believe you have already helped my case via email through my company, thank
you for that! I just happened to see you here by coincidence and thought it
would be a great chance to clear some of the follow-up queries I had:

I just received a Job Offer from a CA-based startup. Here is a refresher of my
H1B case:

1\. My H1B stamping expired in Sept 2015, but I understand that the petition
is valid till Sept 2018 as it was approved in Sept 2012

2\. I spent only 1 of the total 6 years working in the States, so there are a
remaining 5 years of time that can be 'reclaimed' on the Petition

3\. I was issued an L2/B2 Visa in 2016, at which point the H1B was stamped
'Cancelled without prejudice' (the original stamping had expired by that point
anyway).

4\. I understand that I fall into the category that is referred to as 'Cap
Exempt' and a new H1B petition needs to be filed with the same petition id.

\------------

My questions are:

1\. I understand that there is no provision for unmarried partners to get H4
Dependent Visas in the US, even if they are long-term partners. Could you
please verify this?

2\. My girlfriend and I have been together for ~10 years now and plan to get
married sometime soon (in the next 2 months), primarily so that we can be
together once I move there. Is there any restriction/complication for newly
married couples to emigrate? In the UK, I know that there is extra scrutiny
for newlyweds.

3\. Because my first H1B stamping has expired (and was 'Canceled without
Prejudice' when I was issued my B1/B2), I am assuming that I will need to get
a new stamping, and for that, I will need to travel to the nearest US
Consulate. Could you please verify this?

4\. My Passport expires in July 2019. I understand from research that the
Passport needs to be valid for the entire duration of the intended period of
stay. Would you recommend I apply for a fresh passport (I will be only able to
apply on the 12th of July as in India you can apply for a fresh passport only
1 year before your existing one expires)? The process takes a 15 - 20 days.

~~~
proberts
1\. That is correct. Marriage is required. 2\. There are no restrictions. 3\.
That's correct, after a new H-1B petition is approved. 4\. You don't need a
new passport now but if you can get a new one quickly, I would before you get
your H-1B visa so that you don't have to travel with two passports later on.

------
faizshah
Hi Peter,

This might be a pretty basic question, are there currently any legal options
for retaining an employee who you learn is undocumented?

~~~
proberts
There are some very narrow exceptions but generally the answer is no,
unfortunately.

------
tonyztan
Hi Peter. What are your thoughts on the government counting derivatives of
employment-based green card applicants against the per-country and overall
quotas, thus worsening the current visa backlogs? There are opinion articles
that argue the government's interpretation of the law is wrong and could be
challenged[1]; I would be interested to hear your thoughts on this issue.
Thank you!

[1] [https://www.cato.org/blog/proof-government-cheating-legal-
im...](https://www.cato.org/blog/proof-government-cheating-legal-immigrants)

~~~
proberts
I think that it's clearly wrong and it's clear that the motivation is
political not legal.

------
annnonymous
Peter, thanks for doing this.

For someone with I-140 approved and now waiting for the priority date to
become current for a long time due to the GC backlog, how does relocating
outside the US affect the validity of I-140 approval? Or in other words, is it
possible to quit the sponsoring employer, work in the home country till the
priority date is current, and then restart the GC process using the last
I-140's priority date with a new US employer? If so, can the H-1B application
with the new employer be done without going through the cap and using the
indefinite extension provision?

~~~
proberts
Yes to your last two questions. And regarding your first question, being
outside in and of itself does not impact the validity of the approved I-140
but changing employers does.

~~~
annnonymous
Thanks!

------
garyfirestorm
What would you recommend to an H1B holder in terms of next steps? Applying for
green card through employment(EB2) would take really long (Indian
nationality). Does pursuing PhD improve the chances any better (EB1?)

~~~
IDTheft
The shorter and an easier route is to get transferred as a manager. If you are
from India, join an Indian company which has a US office or US HQed company
based in India (or any other country, maybe Canada), get promoted to manager
and transfer to US on EB1C. There are certain restrictions, you have to be
outside US for atleast a year and some other restrictions. But, this is the
shortest route. Do not be like me and wait in the queue for 15 years. Use the
shortest legal means possible.

~~~
proberts
That's all correct although an advanced degree also might help you qualify
under the EB1A category (assuming that you publish, etc.).

------
zolombot
Hi Peter, here is the summary of the situation:

\- The person has been a GC holder for a little over 2 years now and has not
been out of the US for over 10 years for any significant period of time.

\- The person has recently left the previous company that sponsored her GC
(big enterprise) after 8 years there in order to join international remote-
only startup that is expected to have US presence in about a year.

\- The person is not an employee of the startup directly, but rather has a US-
based corporation that is providing consulting services to the startup and she
is the single share-holder and employee of the corporation. Her position in
the startup is in the same field as GC application.

\- The person is travelling around the world, while still staying in the US
for 6 months per year or more.

\- The person is considering purchasing one of the "golden visas" (real estate
or business investment similar to EB5) in a foreign country that is different
from startup domicile where the person is not planning to reside or stay. This
investment program makes her eligible for the foreign passport in 5-10 years
even if she is not residing in that country.

The questions is whether you think that either of the last 3 items (providing
consulting services to company in foreign country through US-based
corporation, travelling, or applying to "golden visa" program in other
countries) would affect her GC status or US naturalization application in 2.5
years.

Thank you very much for your help!

~~~
proberts
Given the facts above, I think not at all with the exception of the
acquisition of a "golden visa," which could be construed as the intent to
reside permanently in that country (as opposed to reside permanently in the
U.S.).

------
mm414
Hi Peter,

I'm currently a remote freelancer and have spent the last 5 years on the move
and working in different countries. My main client base is in the UK (where
I'm originally from). I would love to move to the States, however I would
obviously need to get a work visa. My research has only really lead me having
to stop freelancing and get sponsorship with an US company.

So, I was wondering if there are any other routes you might know? I'd rather
not give up the freedom of remote freelancing just for the US.

Cheers, M

~~~
proberts
The options are a green card (if your background is strong enough) or an O-1
or an E-2 visa through your own company. What's your country of residence?

------
throwaway15799
(Similar to another question asked in this post:
[https://news.ycombinator.com/item?id=17473654](https://news.ycombinator.com/item?id=17473654))

If you are on H1-B and have received EAD but not yet green card, is it easier
to leave your current employer and start your own company than if you are just
on H1-B? And as an extension to that, what benefit does green card provide in
regards to starting your own company over only having the EAD?

------
throwaway1054
I'm a US citizen cofounder working abroad married to a non-citizen, non-green
card holding spouse. It appears our company would meets the qualifications for
expeditious naturalization of my wife. However, expeditious naturalization
requires that she already hold a green card, which she does not. Given that we
live abroad and won't be returning to the US while this company requires me to
be abroad, is it possible for us to move ahead with expeditious
naturalization?

~~~
proberts
That's going to be really tough. I'd need to talk this through with you.

------
adamnemecek
I just wanted to say that you guys should look into the green card lottery.
The odds are slim (2%) but hey, fortune might be in your favor. Not all
countries are eligible tho.

~~~
proberts
Excellent point and something I sometimes forget to mention. We have a lot of
clients who've obtained a green card this way.

------
gbatra17
what nationalities do you have the hardest time getting visas for? what is
your success rate with getting H1B vs O1 visas? How long does the process take
for an O1?

~~~
proberts
I really don't see any variation among nationalities. It's really less a
question of nationality and more a question of the location of the Consulate -
certain Consulates, particularly those in the Philippines and India and now
London more and more, have a relatively high denial rate. Our success rate is
still high but, like all immigration lawyers, to get there we're having to
battle more and more, particularly in the H-1B context, on oftentimes
ridiculous issues. With premium processing, an O-1 will be reviewed within 2
weeks; without, anywhere from 2 to 5 months.

------
Throwaway180706
Hi Peter,

My current employer has offered transferring me to the US under an L-1B visa
in approximately 6 months. On the other hand, my girlfriend (US citizen) and I
are thinking of getting married.

From a purely technical point of view, do you see any issues with transferring
under an L-1B visa and then getting married? Do you recommend taking the
fiancee visa route instead?

Our goal is for me to become and American citizen at some point and live the
rest of our lives in the US.

Thanks!

------
myth17
Is the american dream over for Indian nationals (multiple decades wait for GC
in EB2/EB3 category). What would you suggest to people stuck in backlog?

~~~
forapurpose
Could you share more details with those of us who are unfamiliar with the
issue? People from India have a multi-decade wait to work in the US? That
sounds horrible.

A new US President may be more interested in immigration. AFAIK the US public
largely supports it still, as do the powerful (businesses). It's _mostly_ the
nationalists who object.

~~~
propman
I agree but missing some info. Republicans in Congress are actually more
willing t fix this and bipartisan bills that will for sure pass the House with
a super majority have been introduced but not in the Senate. The Democrats
don’t want to pass anything without passing DACA because they get no political
points and The Trump Administrarion wants some other types of immmigration cut
before passing this (giving diversity lottery slots to h1b backlog) to appease
the nationalist base. Traditional GOP non nationalists and moderate Democrats
are for this strongly however. Basically there is no political push to get
this fixed. If h1b were more vocal or had more political capital, it’d get
done in a month.

Edit: not sure why the downvotes, here’s a source?

[http://thehill.com/opinion/immigration/377886-congress-
leave...](http://thehill.com/opinion/immigration/377886-congress-leave-
no-h-1bs-behind)

325 co sponsors 174 D 151 R with many more willing to vote for it.

~~~
Bahamut
It doesn't sound like the Republicans are more willing to fix this based on
that article - the bill is held up at the House Judiciary Committee, which is
controlled by the Republicans.

------
kylnew
From your perspective, is it easier for people to apply for a visa with a
different employer after they already have one with a different employer in
the USA or is it the same as if they were applying from abroad the first time?
I've felt at times like switching jobs from an E2 to a TN visa might be risky
if they evaluate me the same as any other candidate given I don't have a
formal CS education.

~~~
proberts
There's really no deference given to prior approvals except sometimes in the
O-1 context.

~~~
kylnew
Thanks for your reply!

------
foo4242
I'm currently working in the US on an L1-B visa, is there any possibility for
me to switch to another employer without leaving the country?

~~~
proberts
Yes, but limited - via an O-1, H-1B, or E-1/E-2.

------
jjalan
Hi Peter,

I lived in US for 7 years, 2 years studying and 5 years working as software
engineer (Microsoft, Startup). I came back to India 4 years back, started a
company and now employs 10+ folks. Our customers are from US.

We want to setup an office in US and I want to come there to setup and work
for my company to hire people and increase sales.

What is the best part to achieve this?

~~~
proberts
An L-1 or O-1 is probably the best option. If you were in H-1B status while in
the U.S., an H-1B might also be an option but as the company's founder,
probably not a good option.

~~~
jjalan
Would be available to help out?

~~~
proberts
Yes.

------
athyuttamre
What's the path for an H-1B employee to start a startup in the US? In
particular if they aim to have ~50% ownership.

~~~
proberts
USCIS is really tough on H-1Bs and getting tougher where the beneficiary owns
50% or more even if there's an independent board of directors that can fire
the beneficiary So, given this, the best chance is to own less than 50% and
have a board that can fire the beneficiary.

------
surds
Hello, Peter.

Thank you for answering so many questions. It's been helpful and I think I
know the answer to my question, but thought I should ask explicitly anyways.

I am on H-1B with mid-2017 priority date. I am of Indian nationality, approved
for GC and have got H4 EAD for my wife.

There are things I want to work on that could be monetized over the long term
(websites and online services). My family members have similar interests.

Is it OK for me to be able to contribute to the set up and growth of the
business(es) without being a stakeholder? For example, the ownership can be
with my brother (based in India) and my wife (based here in US) with the
parent company based in India. I would _personally_ get no stake in the
business or any part of the profits.

I like my job and will stay full-time with my employer. Does this situation
violate my H-1B status requirement in any way?

------
a_bevin
Hi Peter, thank you very much for doing this.

In 2018, what is the best visa avenue for an Indian student on an F1 visa to
approach VC-funded entrepreneurship? I would like to take my business to
market. I am starting to get traction and I have VC funding lined up, could
this be used as a justification for an O1 or EB1 visa?

Thank you.

~~~
proberts
Yes, it could and the O-1 is oftentimes the path taken by international
founders (where the E-1 or E-2 is not an option). And given the toughening
EB1A standard, it's generally advisable to get the O-1 first.

------
mdeligoz
Hey Peter, We're a company based out of Turkey but have also incorporated in
the US with a single US employee making ~700K/ARR as of last year. We're
thinking of getting an L1-A to move some of our staff and myself to the US. Do
you think we would be eligible for L1-A as of yet?

~~~
proberts
Yes, it's possible, but you'll likely have a fight on your hands with USCIS
because of the newness and size of the U.S. company. But I would still fight
the fight if this is something that you want to do to grow the business.

~~~
mdeligoz
That's the whole idea. Thanks.

~~~
proberts
An E-2 also might be an option if the U.S. company is majority Turkish owned.
We've done this for a number of Turkish entrepreneurs/companies.

~~~
mdeligoz
Great. We'll look into it and how do we reach you?

~~~
proberts
My email address is in my profile. Feel free to reach out to me.

------
outworlder
Hi Peter,

I am currently on a L1B Visa, company wants to sponsor the green card process.
As part of the initial process, they asked my manager for a list of skills
that I possess, and to me they asked me to fill in how I got those skills and
how to verify them (diplomas, letters from employers, etc).

I have picked plenty of those when I had my own company and also on my own,
but apparently this is usually not admissible. They want some verification
letters from previous employers, on company letterhead. I can get it from
_one_ of my previous employers, but it is unlikely to be able to verify all
skills. A couple of companies I worked for are not even in business anymore.

What would you suggest would be the best course of action in this case? There
is a possibility of getting a H1B Visa too, would that change anything?

~~~
proberts
How long have you been with your current employer in the U.S., have you held
different positions with this company, and how long were you employed before
transferring to the U.S.?

~~~
outworlder
In the US: Since November 1st, 2015.

I always get confused about what a 'position' is, in this context. The company
job code is the same, although I have switched to a different group(more
devops oriented, rather than just software development, although it is still a
major part of what I do).

I was hired and worked as an employee for the overseas "affiliate" for exactly
1 year, after working a little under 2 years (same project) as a contractor
from another company – that company is still in business and I can get the
letter from a former manager.

Total work experience dates from 2004, but most other companies did not
survive to this day.

~~~
proberts
It's hard for me to comment without knowing more about your position and job
requirements but it sounds like you have plenty of experience to meet the
requirements for the job and you can rely on and document experience gained
through companies that are now out of business through letters from former
supervisors or colleagues.

~~~
outworlder
> you can rely on and document experience gained through companies that are
> now out of business through letters from former supervisors or colleagues.

This is exactly what I was looking for, thank you so much for your time. I'll
contact your firm if it turns out that I need more assistance.

Again, thank you.

------
sucharitaj
Hi Peter,

Thank you for taking the time to help us all out!

Re my case: I am looking to transfer from F1 Visa to H1B. My petition got
picked in the lottery and I was issued an RFE recently. Request is to provide
more evidence on how my masters is relevant to my job role. I have a
bachelor's degree in architecture, experiencein construction management and
masters in strategic design and management. I made a career shift to UX & UI
and user reserach. I currently work as a product designer at a start up. My
masters in strategic design, basically design thinking, is meant to prompt me
into a design strategist role, but product designer is the step one for that.

Would be great if you have any tips for writing a cover letter explaining the
above. Or if you have any examples, I can learn from!

Thanks!

~~~
proberts
H-1B RFEs are commonplace these days unfortunately. Does the petitioning
employer have an immigration attorney because it's really tough for me to
opine on this in the abstract?

~~~
sucharitaj
Yes, employer has an attorney. Would you happen to know of a reliable forum
that offers advice on writing RFE petition case replies?

------
mpio
Do you think it is possible to receive L-1A after working one year on a US
branch incorporated while on F1 OPT?

I've a start up incorporated on UK. If I open a US branch under F1 OPT status
and work it for 1 year on this branch, my application for L-1A can succeed?

As USCIS states:

"Currently be, or will be, doing business as an employer in the United States
and in at least one other country directly or through a qualifying
organization for the duration of the beneficiary’s stay in the United States
as an L-1."

and

"To qualify, the named employee must also:

Generally have been working for a qualifying organization abroad for one
continuous year within the three years immediately preceding his or her
admission to the United States;"

~~~
proberts
Yes, it's possible. Your F-1 status is really irrelevant to the analysis.

~~~
mpio
Thank you!

------
maerF0x0
Hi Peter, Thank you for doing this!

What is your recommendation for a Canadian H1B holder who wants to stay in the
US Permanently, but employer will not sponsor/petition a i-140? (Commenting on
other nationalities would probably help other readers too).

~~~
stealthefocus
Maybe transfer your H1-B to a new employer that will sponsor you?

~~~
maerF0x0
I appreciate the sentiment, I would really like for it to not come to that, if
at all possible.

------
afsana
Hi Peter,

I'm a naturalized Australian citizen with southeast Asian origin.

My I-797 petition was approved, but the H1B visa application is under
"Administrative Processing" for the past 3 months.

I had lived in San Francisco for almost 3 years, and previously held multiple
US visas (J1, E3, H1B etc.). I came back to Australia to renew/receive the new
H1B visa as I was switching company in US, but currently unable to return.

What would you suggest I do to expedite this? Thanks a lot.

P.S.

My apologies if this is irrelevant -- I hold masters and PhD in fields very
relevant to my US job offer. My offered role in the company is one of the
senior roles, and I'm the only H1B in the company AFAIK. Thanks.

~~~
proberts
I suspect that your field of expertise is one that has triggered the
additional review by the Consulate. There's little that can be done when this
is the basis for administrative processing. You could contact your local
Congressional office and ask it make an inquiry but unless your application
fell through the cracks, this usually doesn't change anything. What's your
field of expertise, if I may ask?

~~~
afsana
Thanks. My masters and PhD are in Electrical and Communication Systems
Engineering (EE; TeleComm).

My initial H-1B in Dec 2016 was granted without any hiccups, but it seems that
the transfer is about to take ages.

Also, I didn't receive any 221(g) slip after the interview. In fact, the visa
interview officer was quick to add that my visa was granted, and I was asked
to make the visa issuance fee at the consulate (which we promptly did and
returned him the receipt).

However, I did receive email for supplemental information the very next day,
to which I replied promptly (within a day), and since then the case is stuck
in "Administrative Processing".

> ... but unless your application fell through the cracks

By "falling through cracks", did you mean that they might be doing a lots of
extra scrutiny, or is it that I'm at the bottom of the priority right now?

Is there any way to guess how long it might take further -- more than a year?

Thank you.

~~~
proberts
Bottom of the pile or sitting on the desk of an officer on leave. It's
impossible to say how long but 3 months is a long time already.

~~~
afsana
Thanks again.

My previous/original H-1B visa is still valid (expires in 2019), and as an
Australian citizen, previously I could travel to US with ESTA for less than 90
days.

While being on "Administrative Processing", am I completely barred from
entering US with the previous H-1B visa, or with ESTA until a decision is
made? If H-1B is denied for some reason, how would it impact my ability to
travel to US in the future?

Thanks a lot.

P.S.

I actually have a bachelor, double masters and double PhDs (from two different
universities), multiple academic publications, patent, and a book that I think
should count as publication. Do you think I could be eligible for EB-1, EB1A?

My plan was to apply for residency in US (via Green Card) after H-1B was
granted this time.

Thanks a lot.

~~~
proberts
No, you are not barred but we should talk because the issue is a complicated
one.

~~~
afsana
> No, you are not barred but we should talk because the issue is a complicated
> one.

Thanks a lot.

Any comment on EB-1 eligibility?

How can I get in touch with you outside HN?

Thank you.

## EDIT ##

Hi Peter,

Sorry to bump this [0] -- I know you have a lots of new questions to answer.
Before you finish today, I'd really appreciate if you could please leave some
comments on EB-1 vs employer sponsored GC from eligibility, timeline point of
view.

Thanks a lot.

[0]
[https://news.ycombinator.com/reply?id=17474199](https://news.ycombinator.com/reply?id=17474199)

~~~
proberts
Sorry. My email address is in my profile and you are welcome to get in touch
with me. In short, an EB1A GC application is a lot faster but the standard is
much higher than a PERM-based GC application.

------
olivertang33
Hi Peter,

I'm a currently on the H-1B work visa. Is there any way for me to either:

1\. start a company with another co-founder, who is an American citizen?

or

2\. Get accepted to an incubator program such as YC (with an american co-
founder) and be a part of the program under legal work status?

~~~
proberts
Yes but ideally your USC co-founder should own a controlling interest and you
should establish an independent board of directors that can fire you.

~~~
cvaidya1986
I thought one can solely form a Corp on H1 as long as one doesn’t draw salary?

~~~
proberts
There's no issue with forming a company but you can't get an H-1B through that
company if you control the company and you can't "work" for that company even
if you don't draw a salary unless you have work authorization through that
company.

~~~
cvaidya1986
Thanks for the clarification. And then presumably draw dividends from the
profits of the company that one owns but doesn’t work for right?

------
lars_thomas
Hi! I just recently moved back from US where I worked with an O-1 VISA. Since
I’ve already been once classified eligible for O-1 does that offer any
shortcuts for getting another O-1 with potentially a different employer?

~~~
proberts
Generally, yes - it's easier to get the second O-1 visa.

~~~
lars_thomas
Thank you so much for your reply. Appreciate it!

------
shreyaaga
Hi Peter,

Thanks for taking time. You mentioned earlier that people on H1B can file for
a part-time/concurrent H1B with the start up that they are founding. I have
couple of questions with this approach 1\. Can I register the company with
100% ownership while working on H1B full time? Can this company make money?

2\. What will be the requirements for this new company to file for concurrent
H1B

3\. Any recommendation around which type of company (LLC, C-corp, etc)

4\. Is there a minimum requirement around the number of employees, funding
amount and VC investment for this new company's H1B petition to be successful?

------
echan00
What are the chances of obtaining an EB-2 National Interest Waiver (NIW) visa
for startup entrepreneurs? Particularly after the new guidelines of Dhanasar.

Or what would need to be shown particularly?

~~~
proberts
Still high if the individual's background is strong and the national interest
is clear.

~~~
godelmachine
Would you please elaborate on strong individual background?

~~~
proberts
Advanced degree and/or Track record of accomplishment and "well-positioned" to
serve the national interest.

------
lewsire
Can a F1,J1 or H1B visa holder register a company outside USA (home country) ?
assuming it doesn't void any contract between said person and his/her employer
or sponsor.

~~~
proberts
From an immigration standpoint, there's no issue but I suspect that there are
corporate and tax factors that should be considered as well.

------
throwaway66666
Any chance for EB3 green card for university drop outs? (assuming X years of
studies finished and many many years of progressive relevant experience).
Thanks so much.

~~~
freese
I never finished my undergrad. Just got my EB-1 GC after having an O-1, didn't
seem to be a problem at all.

Also had some help with Peter in the process - thanks!

------
novaRom
Dear Peter,

A citizen of Central Europe (not in Visa Waiver List) who needs to travel
regularly to USA to attend different workshops/conferences. Every year I have
to apply for B1/B2 (because of Technology Alert List I guess) anew.

1) Is there a better visa option especially if my main employer is a big tech
US company? (with EU-based local R&D office)

2) May a B1/B2 holder do work for a short period of time (a week or two) while
being in US?

~~~
proberts
1) Possibly get an O-1 through your main employer in the US. And this doesn't
preclude you for working for other companies when you are outside the U.S. 2)
No.

~~~
flatfilefan
"Extraordinary ability in the fields of science, education, business or
athletics means a level of expertise indicating that the person is one of the
small percentage who has risen to the very top of the field of endeavor."

Peter, does this get Extraordinarity usually demonstrated through high salary
and or patents or something else? What is the typical threshold there? Knowing
this would help to convince my employer to invest in this process.

~~~
proberts
There are a variety of criteria and high comp and original contributions
(patents) are just two. The others are publications, press, essential roles
for distinguished organizations, memberships, and journal or competition
review. And you must meet at least 3 to qualify for an O-1 visa.

------
lwansbrough
Hi there Peter, I'm a Canadian citizen currently residing in Canada. I would
like to incorporate a US startup (Delaware C Corp I guess.) I don't have any
familial ties to the US, but my business partner is a US citizen. What are my
options for incorporation in the US? And what considerations should I be
concerning myself with? I would have controlling ownership of the company
ideally.

Thanks for your time!

~~~
adventured
Not Peter obviously. You do not have to be a US citizen to start a corporation
in the US, or to be the controlling shareholder. You can incorporate the
business from outside the country. No need to have pre-existing ties to the
US, and you don't even need a US business partner (could be helpful to have
someone in the country however). You do not need a US address either, to form
the corporation.

If I'm not mistaken, Stripe Atlas does some or all of what you're looking for:

[https://stripe.com/atlas](https://stripe.com/atlas)

~~~
proberts
Excellent response. Thanks.

------
rafikicoln
Hi Peter, thank you so much. My company is currently sponsoring me for an EB3.
I have two questions.

1) We just submitted the application to get the prevailing wage from the Labor
Dept. From your experience, how much time is there left in the process given
the current administration? I am of a nationality that does not have a backlog
for EB3

2) When can I switch jobs without having to start all over again?

Thanks a lot for doing this, Peter.

~~~
proberts
1) It's taking 4 months or so to get a PW determination from the DOL and then
another 4 months or so to get a PERM approval (assuming no audit) from the
DOL; and thereafter, it's a wide range, anywhere from 6 to 12 months to get
the actual green card - but note that the processing times change all the
time. 2) Although there are exceptions and nuances, a green card applicant is
"portable" after the I-140 has been approved and the I-485 has been pending
for 6 months.

~~~
rafikicoln
Thank you Peter!

------
tempthrowacd
Thank you for doing this.

I am from Indian working on H1B. I got my i140 approved in April 2018. I
completed 6 years on H1B and extension is in process. Given the situation in
US, I would like to go back to India.

If I do this, will I be able to use the i140 at a later point, for example 3
years from now to apply for an h1b extension? Will the i140 itself be valid if
I resign from my employer and go back to India?

------
rootedbox
I'm a U.S. citizen. My girlfriend is a Canadian citizen, and lives in Canada.
If we got married how quickly could she start working in the US?

Thanks!

~~~
Spoom
Hi,

I'm not an immigration attorney but I am a Canadian citizen who moved to the
US to marry my wife. I would suggest looking into the K-1 visa if you are sure
that you want to go this route. _Don 't_ get married in the meantime; the K-1
is a fiance(e) visa that allows you to move to the US, get married within
three months of entry, and then immediately adjust status to permanent
resident. This avoids the appearance that the marriage was purely for
immigration convenience, since everything is above-board and approved first.

Getting married first would require you to apply for a CR-1 immigration visa,
which is a similar process, but neither is exactly "quick" (I would expect a
year or more on average).

I would take a look at
[http://www.visajourney.com/](http://www.visajourney.com/) as they have a ton
of good advice for family class immigration. Good luck!

~~~
proberts
All good responses. The problem with the K-1 is that even though it was
designed in part to be quicker, it's oftentimes just as slow as a marriage-
based green card.

------
sverhagen
Thank you for your time. My question is not pressing (particularly since I
haven't yet researched it exhaustively online myself) but I'm a Dutch citizen
and US green card holder (marriage-based), and I'm wondering to what extent
I'd jeopardize my green card by living/working abroad (e.g. Europe) for a
while (like a few years)?

~~~
proberts
There are ways to protect your green card status while living outside the
U.S., even for years, if your intent is eventually to return to the U.S. The
document to research is called a reentry permit.

------
throwaway18782
Hey Peter, I'm a US company incorporated in WA with a single US employee (me).
We're thinking of hiring a recent STEM degree graduate from a local
university. They are authorized to work under OPT, but I worry that the
current environment would make it difficult for both of us. Am I right to
worry or should we go ahead with making the offer?

------
vincentchau
Hi Peter. I am an international student from Vietnam and I am on F1 visa. I
wonder if it is possible for the employer to apply for GC right when I first
start at the company? If it is, is it possible to get GC without having to go
through the H1B route, providing that I have 3 years on OPT total (1 normal
OPT and 2 years on STEM OPT)? Thanks a lot.

~~~
proberts
Yes, there's no required waiting period before pursuing a GC and you can
pursue a GC while in F-1 status.

------
codegeek
To get an L1-A or even L1-B visa, does company size matter or is taken into
consideration ? We are setting up a subsidiary company of our US company in a
foreign country and the team size is 5 right now. Is that too small to
consider issuing an L1-A/B for one of the team members whom we may need in the
US after some time.

~~~
proberts
Yes, the size of the company matters but even more important than size is the
specifics regarding the potential transferee's job duties - for example, how
many employees is he or she managing now and how many will he or she be
managing in the U.S. or how advanced, specialized, or proprietary is the
knowledge possessed by the potential transferee and required for the
performance of his or her job now and in the U.S.? Note that as a general
rule, new/small company Ls are tough to get approved and almost always involve
a battle with USCIS.

------
tttk0
Hi Peter, thanks for doing this.

I'm on the 4th year in my H1B - when's the latest I can start the PERM/GC
process and without risking the deadline (5th year H1B anniversary)? I'm in a
dilemma on whether I should do the GC process with current employer or switch
jobs now (given that it could take 2+ years). Thanks!

~~~
proberts
You also can extend beyond the 6th year based on an approved I-140 so actually
the GC process can be started in the final year but this is riskier of course.
Our generally practice is to kick it off at the beginning of the 5th year but
I also feel strongly that it's almost never worth it to stay in a job for
immigration reasons and that if you're inclined toi switch, switch soon and
negotiate with your new employer to sponsor you relatively soon (after you've
proven yourself).

~~~
tttk0
This gives me some closure, thank you!

------
throwaway9867
I really want to move to the US, it's one of the only things I'm sure I want
to do with my life at the moment.

But, I have no idea what the best/viable routes to take are.

If I was prepared to do (pretty much) anything, What do you think would be the
easiest way to immigrate to the US?

~~~
proberts
My answer will depend in part on where you are from and your background but
the short answer is work for a large global company and then after one year
seek to transfer to the U.S. on an L-1 visa.

~~~
throwaway9867
Thank you!

------
proberts
I'm going to take a 30-minute break now. Thank you for all the great questions
and comments.

------
ummonk
As an Indian-American US Citizen, is there anything I can do to contribute to
reducing the green card wait times for Indian immigrants (e.g. prioritize
Indian immigrants when choosing a spouse), or is it zero-sum due to per-
country limits?

------
dsunku
Hi Peter, what do you recommend for entrepreneurs that work full time and hold
a H1B currently with another company but want to work full time with their
Startup. Just transfer the H1B to the Startup or apply for a different type of
Visa?

~~~
proberts
Either transfer to the startup in H-1B or O-1 status or file a part-time
concurrent H-1B through the startup and continue to work for your current
employer until the part-time concurrent H-1B is approved and then make the
complete switch. (This is a more conservative approach.)

------
deegles
If you were put in charge of all immigration policy, what would you implement
first?

~~~
proberts
Get rid of the travel ban and pass the DREAM Act. And limit the workday of
immigration attorneys to 4 hours.

------
rafikicoln
Hi Peter,

Is it possible for an H1B holder to incorporate a business abroad and do
business abroad? (i.e. the clientele is in the foreign country and the money
is in the foreign country too) Would that bring immigration issues/problems?

Thank you!

~~~
proberts
I know I sound like a lawyer but the answer is yes and no and will depend on
the facts.

------
venganesh
Hi Peter,

What are the implications for a h1b holder join other startup at early stage
as early member/cofounder? How much money the startup shall raise? What are
implications when accepting offer at less compensation compared to earlier?

Thanks

~~~
proberts
The short answer, with some narrow exceptions, is that I wouldn't recommend
joining until the H-1B petition is approved. But generally, the funding and
overall operations of the startup are less important than the offered job
duties and salary (ideally, it should be above a "Level 1 prevailing wage")
and the individual's educational background.

------
gist
This is you?

[http://www.robertsimmigration.com/index.html](http://www.robertsimmigration.com/index.html)

Your website should have a bio and information on your background, education
and so on.

~~~
proberts
I don't want to scare potential clients away.

~~~
gist
I am not seeing anything in your background that would scare away potential
clients. And actually maybe the opposite.

Do you feel that because of your background potential clients will think you
are expensive? If that is the reason you can counter that with the appropriate
words indicating otherwise.

Or is it that you don't want potential companies to know you are a sole
practitioner?

Only other thing I can think of is something age related given that the
majority of clients are typically 20's or 30's.

If you'd care to elaborate I'd appreciate as I am curious and study this type
of thing.

------
DSingularity
Thanks for doing this! If someone has OPT via F1 and green card via marriage,
can OPT proceed concurrently with i485? Then once OPT application finishes and
after i485 and i130 finishes an i765 can be submitted?

------
adj55hh
Hi Peter, I am an alien on a J-1 visa without the 2-year rule. If I get
married to a US citizen, how long should I expect to wait before I am able to
work for an employer that is not my J-1 host institution?

~~~
proberts
It's taking up to 5 months to get a work card after filing a green card
application.

------
archgrove
Is there any advantage in seeking visas for less trafficked parts of the US
tech scene (e.g. not just SF, Seattle, etc)? Or is the location of the
employer entirely divorced from the success rate?

~~~
proberts
The latter.

~~~
archgrove
Thanks. I really appreciate these sessions - it's good of you to do them.

------
exabrial
I asked this before but I think the response was you don't have numbers
available. Has anyone been turned away or special arrangements needed to be
made because of the travel ban?

~~~
proberts
I don't unfortunately but anecdotally I've heard yes.

~~~
exabrial
:( I think it'd be a useful conversation to have. Contrary to what the news
media says, I think vast majority people are pro-immigrant, including the red
states. Showing the policy is blocking investment over the perceived safety
would be valuable, especially to people who love that kind of thing.

~~~
proberts
I agree. I know clients of mine have made decisions to set up shop and invest
elsewhere because of the difficult in getting visas for themselves and
employees.

~~~
hycaria
Is that so bad? Globally I don't think it's such a great idea to have the US
draining most tech businesses as it currently is.

------
aanajpure
Hi - Can I transfer my Green card processing to another employer given the
below? 1\. My I 140 is approved. 2\. I do not have the I 140 physically in my
hand from the current employer.

~~~
proberts
Yes, if the I-485 has been pending 6 months and you'll be working in the same
or similar "occupation" with the new employer.

------
stealthefocus
Hi Peter, I've heard people mentioning they transitioned from TN visa to green
card sponsorship, my understanding is that this isn't allowed, have you heard
of this?

~~~
proberts
It's definitely allowed but there are certain minor requirements and
restrictions specific to those in TN and other non-dual-intent statuses.

~~~
Trezoid
As an Australian E-3 holder, what kind of requirements/restrictions?

~~~
proberts
We should talk. Although an E-3 is like an H-1B, there also are significant
differences.

------
vemkiran
Hi Peter,

Thank you for doing this.

While on H1b, 1\. Can someone start/run a business? 2\. How about a revenue-
generating personal web/mobile side project while maintaining status with a
full-time job?

~~~
proberts
There are exceptions and nuances but the short answer is no to both, not
without separate work authorizations for these activities.

~~~
bialpio
To me it seems that the answer to this question is contradicting your answer
to "Can a F1,J1 or H1B visa holder register a company outside USA (home
country)?" \- am I missing something? Or are we assuming that just
"registering a company" doesn't imply earning money? :)

~~~
proberts
Where the work is performed and where the beneficiary of the work is located
can affect the answer.

------
spocklivelong
Hi Peter, thanks for doing this! My wife is on H4 EAD which expires next year.
What are the chances that it will be revoked, and if so, what are some options
for her?

~~~
proberts
I think that there's a good chance unfortunately. The options will depend on
her educational background and experience and country of citizenship but at a
minimum she should go into the H-1B lottery.

------
CodeSheikh
Should there be a separate employment visa category for applicants who obtain
education from USA and for applicants who come to USA via "consultancies"?

~~~
proberts
Please rephrase. I'm not sure what you are asking.

~~~
CodeSheikh
If you have not heard about "consultancies" yet then I am not sure how come
you have not come across it during your immigration law practice.

------
ryanmercer
What do you think about the stuff Christopher Richardson and similar folks are
doing fighting the travel ban and the 'sham' of a waiver process?

~~~
ryanmercer
Not sure why my comment was downvoted. I'm genuinely curious and used 'sham'
because it's Christopher's word not mine. I'd say 'farce' or 'joke' myself.

------
Biba89
Hi, thank you for sharing your time with us.

I have this case: 11 months ago I sold my company and obligated to run the
company as CEO for the next 12 months (which is ending with September 1st).
Also, I invested in another SaaS product and team on the side, but that
product is still in private Beta and has 5000+ Non-paid users (and patment
gateway will be ready from October). Also, my current salary is pretty much
great and I'm doing what I love to do, but still don't want to be an employee,
but business owner.

Question: what would you advise me based on your experience with YC founders?

~~~
proberts
What's your current immigration status and country of citizenship?

------
throwaway82946
Is it best to apply for TN status at the border or through petition?

Can a Bachelor’s of Computer Science holder get TN status with a Software
Engineer title easily?

~~~
proberts
Generally yes and the border/CBP is better.

------
jack345
Hi Peter,

Thank you for helping.

Does new greencard process will take time a lot?

My company is filling now, I have read about 150 years.

I have done MS in US, and according to news EB-3 is faster than EB-2

~~~
proberts
What is your country of nationality?

~~~
jack345
India.

~~~
proberts
Then it's very slow, unfortunately, not 150 years but up to 10 years.

------
orsenthil
Hi Peter, Should a person who is in H1B wants to create a startup in US, what
kind of VISA issues that he/she might run into?

~~~
chrisseaton
Why do some people capitalise ‘visa’? What are you under the impression it
stands for?

~~~
orsenthil
chrisseaton, I don't get your question. Imagine a person while working for
company has motivation to start a company. The option is move back to country
of origin or to a different country or stay in US. My question was about
staying in US and starting the company.

~~~
chrisseaton
I was asking why you wrote ‘visa’ in capital letters. It’s just a normal word.
It’s not an abbreviation.

------
electricwater
Peter - Can a large company like Amazon sponsor an individual for the green
card directly without going through the an H1B visa?

~~~
IDTheft
According to my understanding, GC has nothing to do with H1B visa. How will
you work in the US while you obtain your GC? You can work at their foreign
offices until your priority date is current and opt for consular processing.

~~~
shinji97
Would a TN visa allow you to do this? As in obtaining a GC while staying with
a TN? Thanks

------
dolguldur
E-2 and acquisition

What options are there for a startup founder in E-2 status (or on an E-2 visa)
when the startup is acquired?

Thanks a lot for doing this AMA!

~~~
proberts
We usually switch our E-2s who are losing their E-2 status to O-1s or green
cards.

------
clomond
From what you've seen, which TN visa categories have the highest approval
rates and which have the lowest?

~~~
proberts
It's less the occupation and more certain traits/factors that cause problems,
including being a founder or having an ownership interest or being in a
managerial position. Also it's really tough to get TNs approved for those in
business, marketing, or financial analysis positions.

------
nraynaud
How to drop a green card application and be able to visit the US afterwards?
(I’m French, an ESTA country).

------
harshgupta
As an F1 visa holder, can I host a commercial app on internet if it includes
not actively working on it?

~~~
proberts
So no income, no monetary benefit? Yes.

------
godelmachine
Hi Peter,

These days, will getting an MS from a US university help in any way in
expediting Green Card?

I have not begun applying to MS yet

~~~
calvinbhai
Forget this path if you were born in India. Just an MS is not enough. Unless
you qualify for GC under EB-1 or O-1 visa, high skilled India/China born
immigrants, are basically well paid bonded laborers in the US.

------
godelmachine
Hi Peter, Thanks a lot for this initiative :)

I am a 28 yr old Software Engineer working in India (Citizenship - India,
unmarried). Have around 3 years of experience in IT. My father is a GC holder
& he has filed a family based petition for me. My priority date is Nov 7,
2017. Actually, my father was going to wait till he was a naturalized US
citizen & then file for my petition, but Trump's activities (cutting off legal
immigration by > 50% - RAISE Act) alarmed him and he got in touch with his
attorney over my case the very next day.

So, my question here is - 1) Should I go for Masters from USA? Will it help me
in getting GC early? If yes, how early? (I am really keen on completing my
Masters from USA, since I would like to be exposed to US way of education -
mostly in Artifical Intelligence)

2) Will Trump do something that may deter the petition my father has filed for
me? What are the chances, in your opinion?

3) I am going to initiate Canada PR process next year. Would Canada PR
brighten my US immigration chances in any way imaginable?

4) I fared quite dismally (7 yrs for a 4 yr course) in my bachelor of
engineering course, but final year marks are good and gradually got a job and
am doing well now. Would Bachelor of Engineer academic grades hamper my US
GCpetition in any way imaginable?

I really appreciate you answering so many questions here. Would be much
obliged if you answer mine too.

Sincerely,

~~~
proberts
1) An advanced degree would help your chances of getting an H-1B and GC
eventually under current law. 2) I really don't know. I never thought he'd get
elected. 3) No. 4) No.

~~~
godelmachine
Zillion thanks for your revert, Peter :)

------
SuperNerd
Hi Peter,

Can person have two h1b filed by twi companies at same time? Is there any
legal problem other then ethical trust issue?

Thanks

~~~
proberts
Yes but one would need to be a part-time H-1B.

------
orsenthil
Hi Peter, How can non-US founders obtain visas to run startups in the US? What
are the requirements?

~~~
proberts
The answer will depend on a host of factors including the founder's country of
citizenship, the strength of the founder's background, the amount and source
of investments in the company, etc. but most founders get E, L, and O visas.

------
hartator
Have current polictics influenced your work, or nothing really has
significantly changed?

~~~
proberts
Dramatically. It's just much tougher to get petitions approved by USCIS and
visas issued by Consulates. Although oftentimes for no good/valid reason.

------
Veelox
Hey Peter, thanks for doing this

What changes would you propose to the current immigration system?

~~~
proberts
There's a lot I would change but the short answer is don't kill DACA, don't
kill the IER - or create a visa for entrepreneurs/founders - and adjudicate
fairly rather than with the intent and purpose of denying regardless of the
merits.

------
nraynaud
Is there a way not to go to secondary when we have an advance parole? Thanks

------
ilolu
Can a college dropout get a visa to go through YC program for 3 months?

~~~
proberts
As a general rule, a degree isn't required for many visas, including a B-1
business visitor visa.

~~~
ilolu
Thanks

------
godelmachine
Hi Peter,

Thanks for doing this.

What are the chances of RAISE act sailing through Congress?

~~~
proberts
I think unlikely but less unlikely than some of the other immigration
proposals.

------
jolmg
> then again at around 1 pm for another 2 hours

What timezone is that?

~~~
Cerium
I think PDT.

------
keiferski
If a founder is a dual-citizen of the US and a EU country, and anticipates
having a HQ and/or major sales in both regions, where would you recommend
incorporating initially?

~~~
proberts
That's really less of an immigration question and more a corporate and tax
question. But if the company is incorporated abroad, it positions itself to
transfer employees to the US over time.

------
docker_up
Has Trump's crackdown on H1Bs made it harder for H1B holders to transfer jobs,
or made H1B candidates less desirable? I've heard anecdotes of USCIS cracking
down on companies with > 15% H1B workers.

~~~
proberts
I can't answer the second question but I would assume that it follows from the
first - and the answer is yes, absolutely; USCIS is giving no deference to
prior approvals and, it seems to me, looking to find reasons to deny H-1B
petitions rather than adjudicate them on the merits.

------
technics256
How have the changes by the Trump administration made it more difficult, if at
all, for tech companies to hire and get visas for foreigners?

What are the biggest takeaways founders should know?

Thank you.

~~~
davidw
Along those lines, is there a tipping point where things get bad enough that
you start simply working in another country or countries to sidestep some of
those issues? Are we anywhere near it? Doesn't seem like it right now - but
what might be some of the triggers for it?

~~~
lawrenceyan
Consistent escalation of tariffs and/or other changes in economic policy is a
very strong indicator for detrimental future political action.

------
benhalllondon
1) Thanks again for doing these threads, so helpful in a sea of so much
uncertainty.

2) I’m currently on a O1 (that you actually helped get), do you know if in
post-Trump era re-petitioning to change employers (or extending at the same
employer) has got much stricter?

3) As I understand it, O1 can’t lead tho a green card, if I’m interested in
that is there anything else I can do currently?

Thanks again so much!

~~~
proberts
Even though little if any deference is given to previous approvals now, in the
O-1 context, it's still easier to get the second O-1 approved through a new
company. And while an O-1 isn't a path to a green card - no status is - those
in O-1 status often qualify for an EB1A green card.

~~~
benhalllondon
Thanks so much!

------
godelmachine
Hi Peter,

My father has applied for my GC and the processing may begin after several
years. He’s a GC holder, and may have his oath of citizenship done soon, his
lawyer expects the oath to happen this year. I believe I fall into EB2
category.

Meanwhile, are there any chances that Trump may try to kill those GC aspirants
who are coming via family route?

Thank you

~~~
proberts
I think he will but this would require Congressional action which I think is
unlikely even with this Congress.

~~~
godelmachine
Gracie :)

------
godelmachine
Hi Peter,

My father has applied for my GC and the processing may begin after several
years. He’s a GC holder, and may have his oath of citizenship done soon, his
lawyer expects the oath to happen this year. I believe I fall into EB2
category.

Meanwhile, are there any chances that Trump may try to kill those GC aspirants
who are coming via family route?

Thanks :)

~~~
proberts
I hope not but I really don't know. That would be a legislative change and
that's much tougher than a regulatory change or executive order.

~~~
godelmachine
Merci beaucoup :D

------
sucharitaj
Hi

------
bialpio
Hi Peter, thanks for doing this! Have you started noticing any problems with
naturalization applications since Trump took over?

~~~
proberts
No, not yet, just long delays in some cities.

------
king_nothing
What’s the political climate for getting a ~4 year entrepreneur visa passed
and a better investor visa? I know about 10 people whom are business badasses
but put off/ineligible without creating a reason to get a J-1.

------
greatamerican
How much of the visa process do you view as an attempt by corporations to
suppress wages?

~~~
proberts
In my practice, I don't see that at all. I just see an effort to find and
retain talent.

------
godelmachine
Hi Peter,

Would you kindly reply to my question?

~~~
proberts
Sorry about that. It's impossible to say unfortunately because clearly the
application went off the rails given how long it has been pending. I would
press the Senator's office since this is the best chance of getting the
application unstuck and approved.

------
ianai
Does separating families at the border amount to a crime against humanity?
What can be done? Or, less specifically, may it be a crime against humanity?

Edit-This isn’t a political question. HN may not be for political discussions,
but discussing immigration issues is the topic of this discussion.

~~~
proberts
It does to me.

~~~
ianai
Thank you.

