[HN Gopher] I'm Peter Roberts, immigration attorney who does wor...
___________________________________________________________________
I'm Peter Roberts, immigration attorney who does work for YC and
startups. AMA
I'll be here for the next 6 hours. As usual, there are countless
possible topics and I'll be guided by whatever you're concerned
with but as much as possible I'd like to focus on the recent
changes and potential changes in U.S. immigration law, policy, and
practice. Please remember that I am limited in providing 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'll try to do the
same in my responses. Thank you!
Author : proberts
Score : 174 points
Date : 2025-03-14 14:39 UTC (8 hours ago)
| newtohn432 wrote:
| Hey, What is the best option for someone working in NL to
| immigrate to US.
|
| Should I go via H1B route or ?
| proberts wrote:
| The answer will depend on your countries of citizenship and
| your qualifications and the work that you will be doing in the
| U.S. including whether you will be working for your own company
| or another company. Assuming that no country-specific visa is
| available, the standard options are the H-1B and the O-1 (and
| depending on a variety of factors, the E-1, E-2, and L-1).
| fuzztail wrote:
| I've seen recent examples of the government targeting green card
| holders for their speech. As a naturalized citizen who wants to
| exercise my free speech rights, how concerned should I be about
| potentially having my citizenship challenged on technical
| grounds? Are there realistic scenarios where this could happen
| despite First Amendment protections?
| mc32 wrote:
| Green card holders are not citizens. Green card holders are
| essentially long term visas with citizenship grants for good
| behavior. They are subject to their terms (don't break the law,
| commit crimes, etc.). These can be yanked.
|
| Naturalized citizens are very seldom revoked. Usually it's
| revoked when citizenship was determined to have been obtained
| fraudulently (foreigner or even attorney shenanigans)
| darksaints wrote:
| Green card holders have a right to free speech.
| MVissers wrote:
| Doesn't seem that this administration think they do. Pro
| free speech my ass.
| wahnfrieden wrote:
| Those rights have been evidently eroded and discarded as of
| recently
| sigzero wrote:
| Green cards come with rules to keep. If you break those
| rules you can and probably will lose your green card and be
| deported.
| darksaints wrote:
| Could you show me where in those rules it says that
| you're not allowed to support Palestine? Or possibly
| somewhere in the rules where you forfeit your right to
| free speech?
| impute wrote:
| Green card holders can have their GC stripped for
| committing crimes. If free speech becomes a crime then
| the GC is at risk.
|
| Note - I don't agree with it but I think this is the
| logic the current administration is using.
| Natsu wrote:
| On the I-485, which you file to get a GC, you have to
| answer several questions like this:
|
| > Do you intend to engage in any activity that could
| endanger the welfare, safety, or security of the United
| States? > NOTE: If you answered "Yes" to any part of Item
| Numbers 42.a. - 45., explain what you did, including the
| dates and location of the circumstances, or what you
| intend to do in the space provided in Part 14. Additional
| Information
|
| > Recruited members or asked for money or things of value
| for a group or organization that did any of the
| activities described in Item Numbers 43.b. - 43.e.
|
| If you say 'yes' to these, you probably aren't getting a
| GC. If you falsely say 'no' to these, you may have
| committed fraud. The reference to Item Numbers 43.b -
| 43.e can be found by reading the I-485 - https://www.usci
| s.gov/sites/default/files/document/forms/i-4... - but to
| save you time, it seems to apply to any group doing armed
| resistance.
|
| That said, mere speech supporting Palestine is, as you
| say, legal. I also think that it had to be false at the
| time the statement was made, not something he only did
| afterwards. But if they can show that a person lied on
| these questions or any of the other several dozen
| questions in the application, they can accuse them of
| obtaining the GC fraudulently and go into removal
| proceedings.
|
| Reading between the lines, this is what I believe is
| happening to Khalil based on statements given in articles
| like - https://reason.com/2025/03/13/mahmoud-khalil-is-
| an-easy-call... - compare the questions I quoted to their
| stated justifications in that article:
|
| > The official said that Khalil is a "threat to the
| foreign policy and national security interests of the
| United States." > "The allegation here is not that he was
| breaking the law," said the official. "He was mobilizing
| support for Hamas and spreading antisemitism in a way
| that is contrary to the foreign policy of the U.S."
|
| Now, I'm not exactly sure exactly how removal proceedings
| work, but from what I've read, it seems likely that he'll
| get some kind of hearing. Hopefully, this gets
| adjudicated properly, promptly and fairly in a way that
| respects his first amendment rights, though it is
| concerning that someone can just be held in detainment
| waiting for all this.
| hn_throwaway_99 wrote:
| "Green cards come with rules to keep."
|
| The whole issue is that the current administration has
| determined that they are the sole arbiter of those
| "rules", and they can detain and attempt to deport green
| card holders without any due process.
| kevin_thibedeau wrote:
| Promoting a declared terrorist organization isn't a gray
| area. Nor is abusing schedule 1 drugs but the felon seems
| to want his African buddy to slide on that one.
| darksaints wrote:
| Promoting a terrorist organization is legal and well
| within the boundaries of free speech. It's just not cool,
| not a good look, and should be shamed into submission.
|
| Providing material support to a terrorist organization is
| where it crosses into criminal territory.
| worik wrote:
| > Promoting a terrorist organization...
|
| is not what Mahmoud Kahill (sp?) was doing.
|
| He's was protesting the University of Columbia's support
| of Israel, who were engaged in a wildly homicidal
| campaign against his kin.
| darksaints wrote:
| I'm well aware. Read my other comments in this thread.
| toomuchtodo wrote:
| _Are Foreign Nationals Entitled to the Same Constitutional
| Rights As Citizens? David Cole, Georgetown University Law
| Center_ - https://scholarship.law.georgetown.edu/facpub/297/
| | https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?
| a... (page 12 of the pdf)
|
| > The specific features of the constitutional guarantees of
| political freedom, due process, and equal protection further
| support their extension to foreign nationals living in the
| United States.
| netdevphoenix wrote:
| You got it wrong. GC holders are naturalised citizens because
| they went through a legal process to acquire it.
| mc32 wrote:
| Nope. Not at all. They put people on a path to citizenship,
| but they are not yet, till they are sworn in as a citizen.
| Residency can be revoked for criminal behavior, fraud,
| among other things.
| dragonwriter wrote:
| GC holders are permanent resident aliens, not naturalized
| citizens. Yes, thet went through a legal process, but
| citizenship is further down the road of that process.
| Natsu wrote:
| Correct. One has to file an N-400 to get naturalized
| after obtaining LPR ("green card") status.
| netdevphoenix wrote:
| This is not correct. But I can't edit it :/ so I am just
| adding this comment here
| rvz wrote:
| > GC holders are naturalised citizens
|
| Incorrect. GC holders are not "naturalized US citizens" and
| still need to apply for full US citizenship with the USCIS
| when they are eligible to do so.
| nashashmi wrote:
| > essentially long term visas
|
| Not visas which are visitation permits. They are non-citizens
| who live in the United States. This is not visitation.
|
| Revoking a green card is akin to expulsion from the country.
| And can only be used when laws are broken, treason is
| committed, or terrorism is waged.
|
| In the case of the Columbia student, he was accused of
| terrorism without trial and had his revocation signed single
| handedly by the Secretary of State. This is a first time for
| the law to be used.
| mc32 wrote:
| That may be the case, but as in NY vs Trump, sometimes laws
| are used in novel ways, in that case 'falsifying business
| records' -ie. inflating asset prices; something the
| prosecutor herself engaged in. Previously, those were
| normally misdemeanors but were reclassified as felonies.
| Also, they were not historically prosecuted. So, there is
| precedent for using previously unenforced laws as well as
| reclassifying the severity.
| walrus01 wrote:
| > And can only be used when laws are broken, treason is
| committed, or terrorism is waged.
|
| CBP/ICE has a pretty detailed explanation on their website
| that you can lose permanent resident status by remaining
| outside of the country for more than one year and failing
| to retain a bona fide residence and presence in the USA (US
| job with annual 1040 tax filings, residence, identity
| documents, etc).
|
| I would wager that a scenario such as remaining overseas
| for multiple years is a much more common way for people to
| lose US PR status through negligence/lack of action than
| for people to get their PR status revoked through some
| legal process initiated for treason, terrorism, etc.
| whats_a_quasar wrote:
| Green cards cannot be yanked for constitutionally protected
| speech.
| velcrovan wrote:
| Counterpoint: green cards are now being yanked for
| constitutionally protected speech.
| hyeonwho4 wrote:
| That is true. What recently happened is that the Supreme
| court has determined that speech which benefits a foreign
| terrorist organization constitutes "material support" to
| that organization, and providing material support to a
| terrorist organization is a crime which can get a green
| card revoked.
|
| Now, I don't think it makes any sense that speech is
| "material" support, but I also think it doesn't make any
| sense that speech is "violence," and US culture seems to
| have repudiated my thoughts on what distinguishes speech
| from action.
|
| But whatever I think, under current law, speech in support
| of a terrorist organization is no longer free speech. And
| certain pro-Palestinian organizations were defined by the
| previous administration to be terrorist organizations back
| in November. So it follows that certain pro-Gaza activism
| is no longer free speech. I don't think this should be the
| case, but this is the current state of the law.
| outworlder wrote:
| > Green card holders are essentially long term visas with
| citizenship grants for good behavior
|
| No.
|
| One of the major distinctions being - CBP _cannot_ deny a
| green card holder to enter the country. They can try pressure
| tactics to 'convince' the person to 'voluntarily' give up
| their green card but, if they don't sign anything, they will
| still be let in. If there's something off about their case,
| they may be referred to an immigration judge, which is the
| only way to revoke a green card (barring some fraud detected
| by USCIS).
|
| Contrast that with visas. They are entirely at immigration
| discretion and can be canceled at any time, including at the
| port of entry, for any reason. Visas which grant work
| authorization still have the SSN restricted and it's tied to
| whatever authorization the person has. A green card holder
| can remove the SSN restriction and their SSN is exactly the
| same as a citizen.
|
| Really, the main differences are that a citizen can hold some
| offices a LPR cannot, the ability to vote, and no requirement
| to renew anything. And, most importantly, no residency
| requirements for a citizen.
|
| As you point out, naturalization is more difficult to remove,
| but green cards aren't that easy either.
| grahamgooch wrote:
| Actually they can.
|
| For eg. Some green card holders live overseas. They are
| required to visit here periodically to keep status alive.
|
| I know of cases where their green cards were revoked
| keerthiko wrote:
| That is a pre-indicated stipulation of the green card
| validity, not revocation based on the whim of an
| evaluating (non-immigration judicial) official -- ie CBP
| and DHS and ICE _cannot_ (read: should not be able to)
| revoke green cards.
|
| The "basic US presence" requirement of green cards has
| always been present in the validity clause alongside the
| 5-10year expiry date, and not committing immigration
| fraud and other basic requirements to maintain green card
| -- a comical number of European green card holders gloss
| over/forget this clause every year, that is made explicit
| to them upon receiving the card and proceed to forfeit
| their green cards by not entering the US for over a year
| -- that is _not_ a revocation (implies a subjective
| decision made by an official), it is a lapse of validity
| (implies some pre-stated condition was fulfilled).
| grahamgooch wrote:
| I see your point. Thank you.
|
| I think most non legally inclined people (like me) would
| say CBP yanked my GC.
|
| Your point being that - nope, they just enforced the law.
|
| Right?
| groos wrote:
| In cases such as mine, where I am no longer the citizen of
| any other country except the USA, what would revocation of
| naturalized citizenship mean?
| xpl wrote:
| I suppose deporting you to Guantanamo and detaining you
| there until your country of origin agrees to take you back
| would be consistent with the current administration's
| actions.
| walrus01 wrote:
| There's ample legal precedent in the federal system that a
| green card holder is a "US Person" for many things related to
| the federal government. For instance, a green card holder can
| form a corporation, own an FFL, register it with the ATF,
| become an FFL 02/07 (firearms manufacturer), and even become a
| SOT (special occupational taxpayer), to manufacture, buy and
| sell NFA items (silencers). The corporation owned by the
| permanent resident can even manufacture post-1986 full auto
| ATF-defined "machine guns", to be retained/owned by the
| company, as manufacturer samples for demos and sales to law
| enforcement within the USA.
|
| Permanent Residents are also treated as a "US Person" for the
| purposes of FAA pilot licensing, up to the largest categories
| of multi-engine jet transport aircraft.
|
| This doesn't address what recently happened with one specific
| Permanent Resident that's been in the news, but it's a very
| chilling effect if suddenly green card status people don't have
| the right to the 1st amendment.
| ggernov wrote:
| This is patently false regarding firearms. In certain cases
| you may be allowed to purchase items, but FFLs and NFA items
| are only available to citizens not legal aliens.
| walrus01 wrote:
| You are absolutely incorrect.
|
| Show me the law that says only citizens can own NFA items -
| there is no special regulation in the gun control act of
| 1934 which specifies permanent residents or citizens. If
| you can buy a regular 4473 FFL item (any serialized firearm
| post-1968) _and_ silencers are legal in your state, a
| permanent resident can buy a silencer, most typically on an
| eForm4 from a local dealer.
|
| Similarly, a permanent resident can buy an NFA item, short
| barrel rifle (SBR, sub 16" barrel, rifled barrel,
| serialized firearm) on an eform4 from their local dealer,
| as long as the category of SBR is legal in their state of
| residence. A permanent resident in a state with few or no
| firearm restrictions such as Idaho could buy an AR-15 or
| AK/AKM semiauto action based based SBR. If the permanent
| resident is in a state with restrictive new assault weapon
| laws, such as WA, they could still buy an SBR, but it has
| to meet the other requirements of their state of not being
| a state-prohibited assault weapon (such as a 10 inch
| barreled bolt action chambered in 8.6 blackout, as bolt and
| lever actions are exempted from the recent WA state assault
| weapons ban)
|
| That same theoretical permanent resident can even own
| what's casually called a _double stamp_ item, two NFA items
| attached together, such as putting a silencer on an SBR, if
| they have enough money to buy both, pay the $400 total in
| NFA item tax stamps, and pay their local FFL SOT dealer for
| the transfer. Exactly the same financial cost to them as
| for a US citizen.
|
| If you buy it online, it will go on an eform3 shipped from
| the originating vendor/manufacturer/dealer to the inventory
| and books of your local FFL SOT, and then an eform4 to you.
|
| https://www.atf.gov/firearms/docs/undefined/atf-national-
| fir...
|
| https://www.atf.gov/firearms/docs/form/form-4-application-
| ta...
|
| You can see the "paper" version of the ATF form 4 there.
|
| An alien admitted to the united states under a
| _nonimmigrant_ class visa generally may not purchase
| firearms (except under certain exemptions) or NFA items. A
| permanent resident is an _immigrant_ class status.
|
| Quoting the ATF form 4:
|
| Alien Admitted to the United States Under a Nonimmigrant
| Visa. An alien admitted to the United States under a
| nonimmigrant visa includes, among others, persons visiting
| the United States temporarily for business or pleasure,
| persons studying in the United States who maintain a
| residence abroad, and certain temporary foreign workers.
| These aliens must answer "yes" to question 16.d.1 and
| provide the additional documentation required under
| question 16.d.2. Permanent resident aliens and aliens
| legally admitted to the United States pursuant either the
| Visa Waiver Program or to regulations otherwise exempting
| them from visa requirements may answer "no" to this
| question and are not required to submit the additional
| documentation under 16.d.2. An alien admitted to the United
| States under a nonimmigrant visa is not prohibited from
| purchasing, receiving, or possessing a firearm if the
| alien: (1) is in possession of a hunting license or permit
| lawfully issued by the Federal Government, a State, or
| local government, or an Indian tribe federally recognized
| by the Bureau of Indian Affairs, which is valid and
| unexpired; (2) was admitted to the United States for lawful
| hunting or sporting purposes; (3) is an official
| representative of a foreign government who is accredited to
| the United States Government or the Government's mission to
| an international organization having its headquarters in
| the United States; (4) is an official representative of a
| foreign government who is enroute to or from another
| country to which that alien is accredited; (5) is an
| official of a foreign government or a distinguished foreign
| visitor who has been so designated by the Department of
| State; (6) is a foreign law enforcement officer of a
| friendly foreign government entering the United States on
| official law enforcement business; (7) has received a
| waiver from the prohibition from the Attorney General of
| the United States.
|
| ----
|
| You will note that the 4473 and the form 4 has a section
| for citizenship. Theoretically, a Canadian with permanent
| resident status typically provides their citizenship and
| alien number as part of the application.
|
| See also, questions 35 through 38 on the FFL application
| form, which asks if you're an alien admitted to the united
| states under a _nonimmigrant_ class visa. The FFL
| application form does not require you to be a US citizen.
| It does not allow for _nonimmigrant_ class visa holders to
| be an FFL. Again, a PR is an _immigrant_ class person.
|
| https://www.atf.gov/firearms/apply-license
|
| https://www.atf.gov/file/61506/download
|
| Further reference: https://www.atf.gov/firearms/federal-
| firearms-licensee-quick...
| proberts wrote:
| Until recently, I would have said that the only way a citizen
| could have his or her citizenship taken away was by committing
| treason but there has been talk by the current administration
| about expanding the grounds as well as increasing
| denaturalization efforts. The first Trump administration tried
| this but it was largely unsuccessful but it's a different
| administration and a different Supreme Court so I don't think
| concerns now are unjustified.
| rayiner wrote:
| To be clear, the _statutory standards_ for denaturalization
| are quite expansive: https://www.uscis.gov/policy-
| manual/volume-12-part-l-chapter....
|
| 8 USC 1451(a):
|
| > a) Concealment of material evidence; refusal to testify It
| shall be the duty of the United States attorneys for the
| respective districts, upon affidavit showing good cause
| therefor, to institute proceedings in any district court of
| the United States in the judicial district in which the
| naturalized citizen may reside at the time of bringing suit,
| for the purpose of revoking and setting aside the order
| admitting such person to citizenship and canceling the
| certificate of naturalization on the ground that such order
| and certificate of naturalization were illegally procured or
| were procured by concealment of a material fact or by willful
| misrepresentation
|
| According to USCIS, the misrepresentation need not be _but-
| for material_. That is, you only need to show that the
| omission or misrepresentation was relevant to the
| naturalization inquiry. But you do not need to prove that the
| government would have denied naturalization had it known the
| true facts. In that respect, the standard is similar to 18
| USC 1001, which has been applied extremely broadly in federal
| prosecutions. The second Trump administration has much
| smarter lawyers than the first one, and I 'd count on them to
| be aggressive about using the full scope of section 1451(a).
| grahamgooch wrote:
| Isn't the green card risk based on a couple of items in the
| green card process The visa process and the person's
| assertions to those visa questions For example - did you
| every x? And the required answer is No Let's assume the
| person did commit X but answers No Years go by and the
| person gets a green card. The underlying assertion was a
| lie - therefore the whole stream of events later becomes
| questionable. The second situation is a new item being
| added. For example consider the hypothetical scenario that
| When the applicant filled out his forms - greenpeace was
| legit. And the applicant was a greenpeace member. Years
| later the applicant becomes a green card holder. Now years
| later. The govt classifies greenpeace a terror org. Is the
| green card holder under threat?
| rayiner wrote:
| So this is not legal advice and I'm not an immigration
| lawyer. And I'm not explaining how the law is _likely_ to
| be applied. Instead, I 'm explaining how an aggressive
| government prosecutor could plausibly seek to apply it.
|
| The wording of 8 USC 1451(a) is not limited to particular
| questions on visa or green-card applications. The statute
| refers to how the "order and certificate of
| naturalization were ... procured" which arguably
| encompasses everything leading up to the order and
| certificate. Moreover, the statute has two separate
| prongs for revocation: (1) the "order and certificate of
| naturalization were _illegally procured "_; or (2) "were
| procured by concealment of a material fact or by willful
| misrepresentation."
|
| The way government prosecutors interpret these statutes
| is to push each of these terms and prongs as far as they
| can logically go. For example, you could argue that the
| phrase "illegally procured" encompasses any unlawful
| activity that has some arguable nexus to the visa or
| naturalization process.
|
| As to the second prong, 8 USC 1427(a) sets forth
| extensive requirements for who qualifies for
| naturalization. The requirements are extremely vague and
| broad:
|
| > No person, except as otherwise provided in this
| subchapter, shall be naturalized unless such applicant,
| (1) immediately preceding the date of filing his
| application for naturalization has resided continuously,
| after being lawfully admitted for permanent residence,
| within the United States for at least five years and
| during the five years immediately preceding the date of
| filing his application has been physically present
| therein for periods totaling at least half of that time,
| and who has resided within the State or within the
| district of the Service in the United States in which the
| applicant filed the application for at least three
| months, (2) has resided continuously within the United
| States from the date of the application up to the time of
| admission to citizenship, and (3) during all the periods
| referred to in this subsection has been and still is a
| person of good moral character, attached to the
| principles of the Constitution of the United States, and
| well disposed to the good order and happiness of the
| United States.
|
| That third requirement is so broad that almost any fact
| about a person could be deemed material to the
| naturalization decision. Now, remember that 8 USC 1451(a)
| only allows naturalization to be revoked based on
| concealing or misrepresenting material facts. So it must
| be the case that you were arguably required to disclose
| the fact to the government at some point and either
| didn't or misrepresented the fact. But if you made an
| omission or misstatement on any government form ever,
| that could be fair game for bringing revocation
| proceedings.
| grahamgooch wrote:
| Great points. The whole doc is vague and filled with trap
| doors.
|
| Best to get a citizenship asap
| ty6853 wrote:
| Iirc not legal advice but there are reasons why some
| people may not want to apply for citizenship, if
| something has happened since they got their green card
| and they'd prefer not to have to have to put on an
| application.
| parthdesai wrote:
| With the rising tensions between USA and Canada, what is the
| second best route (after TN visa) for a Canadian citizen to work
| in USA?
| bli940505 wrote:
| What's the play for solo founders? I can't establish a company
| and work towards funding without an H1B but then at the same time
| I can't really afford an H1B without funding.
| maestrae wrote:
| Very curious about this as well. I've seen articles[1] that
| suggest that you canis engage in passive work, which includes
| activities such as:
|
| - Conducting market research and customer discovery
|
| - Discussing planned investments and purchases with prospective
| co-founders
|
| - Attending and participating in business meetings
|
| - Developing business relationships, such as meeting with
| investors and clients
|
| - Negotiating contracts
|
| - Incorporating a US company, applying for an EIN, establishing
| a mailing address, and applying for a business license
|
| - Act as a passive shareholder or investor
|
| However, my attempt to find the specific regulations or uscis
| policy memorandums that state these failed so I'm unsure.
|
| [1] https://www.deel.com/blog/starting-your-own-
| business-h1b-vis...
| coolsank wrote:
| Would really like to know about this one as well
| miketery wrote:
| See my comment to OP
| lmrl wrote:
| +1
| proberts wrote:
| In connection with trying to start a company, there are a lot
| of activities that can be undertaken as a visitor without a
| work visa. In fact, I would say that more often than not
| companies founded by foreign nationals are started when they
| are visitors. The line that can't be crossed is productive
| work for compensation but establishing the company, obtaining
| funding, meeting with potential clients, even hiring can all
| be done while in the U.S. as a visitor. That being said, the
| line between work and non-work sometimes is grey and nuanced
| so it's good to consult with an attorney to understand the
| limits. This is particularly important when traveling to the
| U.S. because it's at the port of entry where entrepreneurs
| are most likely to have issues particularly if they are
| traveling to the U.S. frequently. One form of protection so
| to speak is to establish the company with the goal of
| obtaining an E-2 or E-1 treaty visa; the visitor regulations
| are much more flexible regarding permissible activities as a
| visitor when the visitor is planning to get an E-2 or E-1
| visa.
| chitreshd wrote:
| What if I have an H1B, but want to pursue starting my own
| Startup. What are the actions that I can undertake without
| jeopardizing my status or relationship with my current
| employer?
|
| One of the main hurdle is I cant go an seek customers, as
| my profile would show an employee with my current employer?
| proberts wrote:
| The real issue in establishing a company while employed
| by another is that your current employer could have
| claims over the IP that you develop through your startup
| so while there are lots that one can do vis-a-vis a
| startup while currently employed by another company (or
| in the U.S. as a visitor) as noted in my comment above, I
| think the bigger issue is putting the company's IP and
| other assets in jeopardy by incorporating while still
| employed by another company. This is a corporate/IP law
| question so out of my area. As a foreign national seeking
| to start a business, I think it's as if not more
| important to consult a corporate law attorney than an
| immigration law attorney and it's also good to get them
| talking to each other.
| grahamgooch wrote:
| Good point. A lot of people don't know this.
|
| If the company makes it - the venture can be in legal
| jeopardy.
| miketery wrote:
| I did this for a bit. There has to be an employee employer
| relationship even if you have equity. You must establish that
| you can be fired by the board or an executive in the company.
| Also you need to be on payroll (W-2) at pulling a prevailing
| wage for your region and job description.
| lurker919 wrote:
| Curious what is the rationale for this rule. Not against or
| for it or anything, just interested in what historical
| precedent led to this logic.
| SV_BubbleTime wrote:
| Both Musk and Vivek initially supported H1B, and saw massive
| backlash in the conservative communities. So much so that Vivek
| left (was removed?) from DOGE and went to run for Gov now with a
| largely sour taste in MAGA people's opinions. Pointing to me that
| H1B is advantageous for employers but deeply unpopular with the
| majority of voters this last election.
|
| Do you see the Administration taking on H1B changes in a big way
| or letting this slide?
| garyfirestorm wrote:
| You can't expect any sane policy decisions from this
| administration. They'll target whatever gets them the
| clicks/votes/engagement. It's like the bad clickbait but in
| governance.
| theyinwhy wrote:
| The administration is mainly implementing project 2025. You can
| look up this tracker to see if they plan changes there:
| https://www.project2025.observer/
| proberts wrote:
| It's so hard to say but looking at what they tried to do last
| go-round might provide some insight and this included
| dramatically changing the prevailing wage requirements (didn't
| happen) and tightening the adjudication of H-1B petitions
| (happened). But the U.S. economy relies on foreign workers in
| general and H-1B workers in particular so I think in the end,
| there will just be some tinkering around the edges.
| ltlftp wrote:
| We are a group of 3 founders. One with J1 Visa, one with H1B and
| me (outside the US).
|
| We would like to incorporate in Delaware and I know this is no
| problem for me, but we are trying to figure out how the other two
| founders can legally work on the company when established.
|
| Any advice? Thanks Peters.
| proberts wrote:
| They would need work visas and (assuming that they don't
| qualify for a country-specific visa) the potential options are
| the H-1B and O-1 (and possibly the E-2 depending on their
| countries of citizenship and other factors). Because this
| analysis is so fact-specific, you will need to have a
| consultation with an attorney to explore the options.
| ltlftp wrote:
| Thanks! We'll consult one.
|
| Quick follow-up: In principle, would it be possible for them
| to keep their current job while working on the startup, or
| would they need to leave it entirely?
| jjmarr wrote:
| Can a TN classification denial result in immigration detention?
| If so, how can I mitigate that risk?
|
| For context, a Canadian woman recently tried to enter into the
| USA from Mexico and get TN-1 status. Instead of refusing her
| entry, officials detained her and she's been stuck for 10 days
| waiting for deportation.
|
| https://www.theglobeandmail.com/canada/article-canadian-woma...
|
| It's unclear to me how big of a risk this actually is for the
| average "Canadian goes to the USA" story because of her specific
| factual scenario. Presumably I don't want to enter from Mexico,
| but is it advisable to take flights from a TSA preclearance
| airport in Canada so I'm not actually in the USA if the
| classification is denied?
| canucktrash669 wrote:
| She crossed overland. Imagine you do pre-clearance out of a
| Canadian airport. Can they kidnap you out of country and ship
| you to a US detention center?
| walrus01 wrote:
| Canadians may be often unprepared and shocked how aggressive
| and militarized the southern border is, compared to crossing
| at northern border land entry points.
| cmrdporcupine wrote:
| I rarely find the pre-clearance process to be all that nice
| when compared to internal clearance. When I traveled a lot
| to NYC I far preferred to fly out of Toronto island and do
| immigration at Newark vs flying out of Pearson. The tone
| was entirely different.
|
| I personally am not sure that pre-clearance should even
| continue given current diplomatic tensions. Having an armed
| foreign police force from a country whose official head of
| state says it wants to occupy you... doesn't seem wise.
| kevin_thibedeau wrote:
| US airports love Canada pre-clearance because it allows
| them to assign planes to any gate. Might be an easy way
| to gum up the works as retribution.
| YZF wrote:
| It varies. In recent years (last decade or so) YVR has
| been pretty good. Historically there were ups and downs.
|
| I doubt a few immigration officers with handguns (can't
| say for sure they even carry them or carry them out of
| the airport) are going to take over BC.
| cmrdporcupine wrote:
| It's not that I think they're some sort of potential
| foreign occupation force. It's just oddly symbolic and
| weird, and their powers to detain people, etc. seem
| entirely problematic in the current context.
| blast wrote:
| It cuts both ways. Many American friends have told me that
| they were treated aggressively at the Canadian border as
| well.
| walrus01 wrote:
| If you get to chatting with a CBSA officer (Canadian
| version of CBP), they'll have plenty of stories for you
| about Americans who want to drive from WA to Alaska with
| all of their guns in their car and not declare it, or try
| to bring all kinds of absolutely ridiculous stuff into
| the country without declaring it. The people who cross
| the border on a regular basis, like a dozen times a year
| or more, know the system and policies.
|
| It's the tourists and people who rarely cross that have
| never encountered CBSA that try to treat Canada like some
| kind of theme park. They're also often unprepared with
| appropriate ID, documents, receipts and stuff and get
| weird when CBSA starts asking them exactly the same
| nature of questions that CBP asks of people going
| southbound.
|
| I would also emphasize that CBSA knows how often you
| cross, through a US-Canada data sharing agreement. An
| ALPR system takes a picture of your license plate on your
| car and very quickly queries a database, for information
| presented to the question-asking-person, as your vehicle
| approaches the window. This is assuming you're driving
| northbound of course. Even if that doesn't happen,
| they'll ask to see your drivers license along with your
| passport and immediately know you don't reside anywhere
| near the border.
|
| They know immediately if the zip code where your car is
| registered is somewhere close to the border, or is very
| far away from the border. And if you have, or have not,
| crossed the border recently. It's people from very far
| away from the border that rarely if ever cross who also
| think they can take their guns, drugs, etc into Canada
| and won't get questioned about it.
| lizknope wrote:
| I'm an American and I was annoyed at how aggressive and
| militarized the southern border is.
|
| I was on a big road trip across the country visiting
| national parks. I went to Organ Pipe Nat. Monument in
| Arizona which literally touches the Mexican border.
|
| On my way there I drove through a border patrol checkpoint
| 10 miles north of the border inside the US. They don't
| check southbound traffic, only northbound. I never entered
| Mexico. On the way back I had to stop at that border patrol
| checkpoint. The border patrol agent was basically yelling
| at me for my passport. I told him I didn't have it with me.
| He yelled to see my driver's license. I gave it to him and
| he yelled at me "Why do you have a North Carolina driver's
| license?" I replied that is where I live and that is my
| home address on the license. He then screamed at me "Don't
| you know this is a prime drug running area?!" I told him "I
| have no idea and I'm not interested in drugs. There is a
| national park area 5 miles away, don't you get a lot of
| tourists here going to see that?"
|
| I then noticed in my rear view and side mirrors that
| another agent was going around my car with a dog sniffing
| around. After about 2 minutes I saw the dog agent give a
| thumbs up and the rude agent said "Okay, you can go but you
| should carry your passport"
|
| I had less rude experiences in Texas and California but
| still overly suspicious border patrol agents. One guy asked
| me what all the stuff was in my car. I actually offered him
| granola bars and soda cans and then showed him landscape
| pictures on my cameras. He realized that I was really a
| tourist and not into drugs or helping immigrants cross.
| tshaddox wrote:
| > Okay, you can go but you should carry your passport
|
| Funny, since half of U.S. citizens don't have a passport.
| blooalien wrote:
| I thought you only need a passport if you're crossing
| international borders?
| ty6853 wrote:
| If you leave US customs zone and go to saipan or Guam or
| something it will probably slow you down and they might
| claim you need it, even though you don't. Also Mexico
| never changed their law like US did, iirc you can still
| enter Mexico with a birth certificate.
| leereeves wrote:
| She crossed overland from Mexico for some reason, not from
| Canada. The linked article says: _" Then they came back and
| told her that, because they were denying her, that they have
| to send her back to Canada."_
|
| Is there a policy that requires that people denied entry be
| returned to the country they are citizens of?
| cmrdporcupine wrote:
| From what I read, the Canadian consulate can't do anything
| for her.
|
| They have her in their system, and she has no rights.
| leereeves wrote:
| I read that she was scheduled to be released (sent back
| to Canada) today, but I can't find any more recent news
| either way.
| proberts wrote:
| That's extraordinarily unusual and in my experience has only
| happened when CBP believes that the applicant was lying or has
| a criminal record so I wouldn't base the decision on where/how
| to apply on this very low risk. Depending on the TN
| application, there are better and worse ways to apply for a TN
| and from an outcome standpoint, sometimes it's better to apply
| with CBP at the border or with CBP at a U.S. airport by flying
| directly to the U.S.
| wahnfrieden wrote:
| You don't think border processes are becoming uncertain now
| and relying less on precedence?
| dmix wrote:
| A land-border crossing in Mexico? 100%, yes.
| radicalbyte wrote:
| With all respect, everything happening in the US at the
| moment is "extraordinarily unusual" today.
|
| Tomorrow it will be the "new normal".
| RobertRoberts wrote:
| According to this article, Canada rejected her entry as
| well. Maybe it's not just the US, but this person actually
| had a real issue with her visa and her travel plans were
| not prepared well.
|
| https://www.bbc.com/news/articles/c80y3yx1jdyo
|
| "...when she reached the border [Canada], Mr Burke said the
| Canadian authorities denied her entry as they were
| concerned she may try to work illegally."
| junar wrote:
| Different person. The person mentioned in the top-level
| comment is surnamed Mooney.
| leereeves wrote:
| According to other sources, this was an unusual case. She
| was a Canadian trying to enter from Mexico, who had been
| told back in November that her visa was no longer valid.
| theyknowitsxmas wrote:
| Why move at all when you have no tax or medicare liability
| signing w8ben?
| jbombadil wrote:
| Hey Peter. Is there any way to confirm whether a request to USCIS
| to bump a case from F2A to IR was recevied or acknowledged? We
| haven't received any 797-C or any other confirmation. Thanks!
| proberts wrote:
| Yu won't receive anything in writing; sometimes by calling
| USCIS and escalating to a supervisor, this can be confirmed.
| galaxyLogic wrote:
| Would it help to send all correspondence to them as certified
| or registered mail so you can prove they have received your
| application?
| imarkphillips wrote:
| Peter, I'm curious as to the easiest way for Australian founders
| to get a long stay visa and work permit for the US while working
| for their own (Delaware) company?
| proberts wrote:
| For Australians, even Australian founders, it's always worth
| looking at the E-3; this is even truer now that USCIS has said
| that under certain circumstances founders can get H-1B visas
| (and the E-3 is similar to the H-1B). The other options for
| Australian founders are the E-1 or E-2 treaty visa or the O-1
| visa but these take a lot longer to prepare and are much more
| expensive than the E-3. But if you are inclined to explore the
| E-3 path as a founder, then absolutely consult with an attorney
| who has handled E-3s for founders (and there are lots of
| attorneys who handle visas for Australian founders).
| imarkphillips wrote:
| thank you
| pcl wrote:
| What are the pitfalls to watch out for when following the I-130
| process? I've read a bunch about applying for a green card from
| within the US, but not as much good info for the I-130.
| proberts wrote:
| If you are applying for a family-based green card while outside
| the U.S., then the main challenges are timing - these take
| longer than U.S.-based applications - and travel to the U.S. -
| while travel to the U.S. is fine while in the I-130 process
| abroad, you should expect to be questioned when you enter the
| U.S. about your plans; CBP will want to make sure that you are
| not trying to circumvent the process abroad while entering as a
| visitor and then applying for a green card when in the U.S.
| pcl wrote:
| Thanks. How much longer has this avenue taken, in your
| experience?
| emehex wrote:
| Scenario: A Canadian tech worker (software engineer) has been
| working in tech for 10-ish years, however, their University
| degree (general BA, BSc, etc) does not match the work that
| they've been doing. Would this person be SOL for a TN/H1B? To
| improve their chances would it be advisable to get a 1-year
| accelerated Master's in the field (CompSci, AI)?
| tacostakohashi wrote:
| There is a 3 years work experience = 1 year of degree study
| rule. You can probably use your experience (3.3 years of a
| degree) + actual degree to qualify.
| proberts wrote:
| That's right, for H-1B purposes, you can qualify based on a
| combination of education and experience (or even just
| experience) evaluated to be the equivalent of a 4-year U.S.
| bachelor's degree (in a field related to the H-1B job). There
| also are a limited number of TN occupations where a
| bachelor's degree isn't required or an unrelated degree can
| work.
| 3Samourai wrote:
| I am French, and I will incorporate in Delaware. Is the ESTA
| dangerous in this case, for example, if I go to SF in June?
| proberts wrote:
| That depends entirely on what you will be doing when in the
| U.S. While you can't work in the U.S. as a visitor, there are
| lots of activities that you can engage in as a founder while in
| the U.S. as a visitor. See one of my responses above regarding
| permissible activities as a visitor.
| 3Samourai wrote:
| Could you please share your contact details so I can reach
| out to you for legal assistance if needed?
| fblp wrote:
| How risky is the E-3 to Eb1 green card path for moderately
| successful founders in this current political environment?
| proberts wrote:
| Do you mean because the E-3 visa not a dual intent visa?
| kyawzazaw wrote:
| does H-1B transfer need valid passport? Would pending asylum
| documents would suffice?
| proberts wrote:
| Not necessarily. Other documents can satisfy this requirements.
| What asylum documents are you referring to?
| santi387 wrote:
| Hi Peter, thanks for doing these AMA.
|
| I was counted against the H1-B cap in 2017 and worked for about 3
| months before I left the states.
|
| Would I be able to use the rest of my time now if I were to get a
| job in the states?
| proberts wrote:
| It's not guaranteed but likely yes; we've done H-1Bs (without
| having to go through the lottery again) for foreign nationals
| who haven't been in H-1B status for nearly 10 years.
| march14user1 wrote:
| Hello Peter, I have a situation. I am on H1B and I am being
| forced out of my job. My wife is also on H1B. After consulting
| some attorneys, I have decided that I will move to H4 status
| under my wife, while I search for the new job. Will this protect
| me until I get a new H1B with new employer soon? What should I be
| cautious about? For what it is worth, I also have EAD through
| I-140 pending, but I am deciding not to use the EAD and move to
| H4 dependent as soon as my H1B expires when I terminate my job.
| Let me know if I have to be cautious or aware of any
| circumstances that can put me or my family situation in jeopardy.
| proberts wrote:
| That's probably the right advice, you don't have to be
| cautious, you can look for work while in H-4 status (or while
| an applicant for H-4 status). The issue is this: if you find a
| new H-1B employer before your H-4 change of status application
| has been approved, while the new H-1B employer can file an H-1B
| petition for you, upon approval you likely will have to depart
| the U.S. and reenter with a new visa (if your previous H-1B
| visa has expired) or reenter with your previous still-valid
| visa and new H-1B approval notice. The point is this: USCIS
| likely will consider you ineligible for a change of status to
| H-1B when your underlying status is not H-4 but an applicant
| for H-4 status.
| manish_gill wrote:
| I think I qualify for EB-1C, but does one need to be present and
| already living in the US to apply for it, or can that happen from
| the current country of residence?
|
| Or is the general path: L1 -> Move -> Apply for EB-1C once
| migrated.
| proberts wrote:
| Most people go the EB1C green card route after they are in the
| U.S. in L-1A status but that's not required; the entire green
| card process can be done while the applicant is outside the
| U.S. and not yet employed by the U.S. company.
| manish_gill wrote:
| Is it recommended or not? I've heard anecdotally that going
| through the Consular services to obtain EB1C is not
| recommended - because you can get denied easily without any
| protections you might get from being in the US.
| bubblethink wrote:
| You don't have protections in the US per se. If you are on
| a visa, your visa will remain valid and continue on its own
| terms. Your GC application is orthogonal.
| Trufa wrote:
| If I have no bachelors degree and I'm trying to prove 12 years of
| experience, how does this affect if my changes, I do have the 12
| years, but it seems arbitrary to define if they count or not.
|
| Thank you very much for the feedback.
| proberts wrote:
| The 12 years of previous full-time experience has to be
| documented with employment verification letters and the
| experience needs to be at a professional level.
| hiddencost wrote:
| If a transgender software engineer who is a US citizen applies
| for asylum in a non-US country, are they at risk of losing their
| US assets (e.g. a home) or having their US accounts frozen?
| proberts wrote:
| I can only respond about the potential U.S. immigration impact
| but there is nothing in the law at present that would allow the
| U.S. Government to take away your citizenship. It's
| unbelievably upsetting and shocking, to me at least, that a
| U.S. citizen would ever have to seek asylum in another country
| but that's the world we're living in now so it's a fair
| question.
| sfblah wrote:
| I'm a citizen, but I work with folks who are from India and are
| in the Green Card system. They have application dates going back
| all the way to 2015. They constantly tell me stories of how the
| date for being able to get your GC changes and that some people
| think for Indians it's going to take 20 more years. Can you
| explain how that works and what's going on there?
| elevatedastalt wrote:
| Only about 7500 or so Green Cards are issued every year to
| Indians in each employment based category (capped due to the
| per-country cap that's applied to India, China, Mexico) in each
| of the few employment based categories. The number of people
| who have applied for these categories in the last 10-15 years
| is much more than 7500 a year, typically almost 10x, so the
| line moves at a glacial pace, usually moving a month every
| year.
|
| The line for EB-2 and EB-3 (where most Indians are) is
| currently servicing those who applied in Summer 2012. So if
| your colleague got in the line in say Summer 2015, that's 36
| months away. At the current pace it could easily be 20-40 years
| before their turn comes.
|
| Also remember that there was a massive tech boom in the 2014 to
| 2019 period, so a LOT more people applied during that time so
| the movement of the line will slow down even beyond the current
| 1 month per year rate. If your colleagues applied in 2016 or
| beyond they are unlikely to get it in their lifetime unless the
| per-country caps are removed.
|
| Finally, you'll sometimes hear the word "retrogression". That
| refers to the line actually moving "back". This happens because
| the date that the USCIS announces as the "pointer" to who is
| being issued cards is an estimate based on the recent green
| card issue rate.
|
| Sometimes it can move back if they had to issue more green
| cards than they expected to (since people can apply for spouse
| and kids together when their turn comes).
|
| Sometimes it moves forward faster if the number of people they
| expected to apply for the final processing stage turns out
| lower than their estimation.
| square_usual wrote:
| Hey Peter! In the current climate, what steps would you suggest
| for foreign-origin workers to stay safe from being detained? I
| know some of my foreign-born friends are carrying their EADs with
| them in case they are stopped by ICE, but in some statuses (e.g.
| H1B) that is harder to do, as you'd have to carry around your
| passport.
| callamdelaney wrote:
| Is it basically impossible to move to the US as a UK Citizen
| without a degree?
| abaymado wrote:
| If my asylum application gets denied, what options do I have? I
| came to the U.S. as a minor and have little to no memory of my
| original country. I applied for asylum in 2016 and have been
| waiting for an interview ever since. Given my pending status, are
| there any other pathways to obtaining a Green Card or legal
| residency that would allow me to travel?
|
| Edit Additional Question - Some of us like myself, came to the
| U.S. as children, following our parents after being forcibly
| removed from our home countries by authoritarian leaders who
| targeted us because of our "tribe". Despite this, the current
| climate often unfairly associates undocumented immigrants with
| criminal activity. How can someone in this situation avoid being
| wrongfully labeled as a "criminal immigrant," especially in the
| event of an ICE raid?
| darksaints wrote:
| I am neither OP nor a lawyer at all, but I do have experience
| watching authoritarian regimes destroy a country in real-time.
| One of the most terrifying things to me is the breakdown in the
| rule of law, because you no longer have any expectations to
| plan against, and anything can happen.
|
| I would never counsel against getting legal advice, because
| competent legal advice is going to be one of your best assets
| for planning every possible future outcome. But I would caution
| you that in this environment, you _also_ need to plan for what
| to do when the legal advice can no longer predict or inform
| outcomes.
| proberts wrote:
| Sometimes there are employment-based green card paths that can
| help for those seeking asylum but whether going down this path
| would allow you to travel would depend in part on your
| immigration history - what your status was when you came to the
| U.S., when you/your parents applied for asylum, etc. If you
| haven't already, you should speak with an immigration attorney
| to look at all options, including those based on employment.
| nartho wrote:
| That would be an employment visa, not green card. It can lead
| to a green card in some cases but it's complicated (depending
| on the country of origin it can take an extremely long time)
| hoerzu wrote:
| Love you AMAs been so helpful. Do you think did O1 get harder.
| How do you see changes through the Trump administration?
| proberts wrote:
| Other than national interest waiver petitions, which were
| getting harder before the change in administration, I haven't
| seen anything getting harder and in fact it seems that USCIS is
| more receptive now to EB1A filings.
| timtamboy63 wrote:
| Hi Peter - thanks for doing this.
|
| I'm currently on a H1B and transitioning to an E3 visa. However,
| I did get married to a US Citizen and am also applying for my
| green card via marriage. I need to move to the E3 as my H1B maxes
| out before I can get a green card. I have a few questions:
|
| * The E3 visa is a non-immigrant visa, but I assume getting
| married to a US citizen implies immigrant intent. My lawyers tell
| me it's not an issue as long as I wait 90 days after getting the
| E3 to apply for the green card. Does that sound right / any
| concerns?
|
| * How long are you seeing current wait times for the marriage
| based green card end to end after applying? I'm mostly concerned
| about not being able to leave the country for 1-2 years (even
| with filing advanced parole)
|
| * I'm also going for the employment based green card and we've
| filed my PERM (3 months ago). That doesn't really seem like it;s
| going to work out in time for it to matter. Does that sound
| right?
| proberts wrote:
| My responses in order: 1. The safest advice is to wait at least
| 90 days after entering the U.S. before applying for a green
| card; however, applying for an E-3 visa after getting married
| to a U.S. citizen involves some risk. If you are in the U.S.
| and just changing your status to E-3 from H-1B (and not
| applying for an E-3 visa), then you really don't have to wait
| the 90 days. 2. Until January 20th, less than 6 months
| typically although there was variation depending on place of
| residence. It appears, however, that USCIS is bringing back the
| in-person interview as part of the marriage-based green card
| application process and this will slow the process down
| considerably to what it was before, which was one to two years.
| 3. Absolutely; the marriage-based route should be much faster.
| div_eq_inc wrote:
| Hi Peter, thank you for your time.
|
| On an L1-A visa, can my company file my perm while I return home
| to get a new L1 visa (my visa is expiring and the date on I-129s
| is the same as the visa expiration date)?
| elbi wrote:
| Can you open a business in USA without being there, living there?
| Greetings from Kosovo!
| abxyz wrote:
| Not Peter but yes. The U.S. is pretty easy to incorporate in
| from overseas, many agents offer the service, such as Stripe
| Atlas and Firstbase. Keep in mind, the U.S. tax system is much
| more complicated than most other nations so unless you
| specifically need a U.S. entity, pick a country with friendlier
| tax laws.
| mulakosag wrote:
| Opening a business is easy but opening a legit bank account
| with brick and mortar presence seem to be difficult.
| alwaysanoob wrote:
| Hi Peter, Thanks for doing this. I am a Canadian citizen born in
| India and ~ 6 months ago moved to work for a FAANG company on a
| TN visa from Canada.
|
| The company applied for H1B visa lottery this year and awaiting
| the results for that.
|
| My question is if I get through the H1B lottery
|
| - How does it impact my options to switch employers in the
| future? Would I be able to work on H1B for future employers?
|
| - My partner (Canadian citizen) is currently on a TD visa (which
| does not allow work) but actively searching for positions
| eligible under the TN categories. If my status changes to H1B,
| would she be ineligible for a TN visa?
|
| Are there any obvious advantages of H1B other than eligibility
| for applying for a green card (which is a loooooong wait for
| people of Indian origin)
| proberts wrote:
| In order of your questions:
|
| 1. The H-1B is easily transferrable to another company (as long
| as the position meets the H-1B requirements). 2. Yes, she still
| would eligible for the TN if you changed to H-1B. 3. That's the
| main reason; it's really impossible for Canadian citizens born
| in India (or China) to pursue a green card while in TN status
| (without jeopardizing that status). Also, under the current
| law, an H-4 spouse can apply for a work card if his or her
| spouse is in the green card process (specifically, has an
| approved I-140) and is from a backlogged category or country
| like India.
| returningfory2 wrote:
| > Are there any obvious advantages of H1B other than
| eligibility for applying for a green card (which is a loooooong
| wait for people of Indian origin)
|
| Was your partner also born in India? If not and you get married
| you can use their country of birth for the green card, even if
| the green card is being sponsored by your employer. Maybe
| you're aware of this but just to say if you're not.
| 1oooqooq wrote:
| ask company to bring you on a L visa. H visas are not a good
| option for transfers, only new hires.
| Detrytus wrote:
| Depends on how you look at this. L visas are not subject to
| lottery, but then that brings much more scrutiny from USCIS.
| Also, you are tied to your employer, you cannot change jobs
| easily. H visa, once you get it by lucky draw, gives you much
| more flexibility. And it's perfectly fine to use H-1B for
| intra-company transfer.
| redelvis wrote:
| Hey Peter, thank you for doing this!
|
| Is it possible to build a successful o1 case for a founder, who's
| been digital nomading for years and can't build his case based on
| achievements from one specific country? Any tips?
| abrichr wrote:
| Hi Peter, I have a few questions:
|
| 1. I currently do consulting for US clients through a Canadian
| corporation. If I accept a full-time job in the U.S. (e.g., on a
| TN or H-1B visa), can I continue consulting for other clients?
| - Does the answer depend on the visa type? - Are
| there any restrictions on self-employment or side income?
|
| 2. Can I set up a corporation (LLC, S-Corp, or C-Corp) in the
| U.S. while on a work visa? - Can I be a
| shareholder? - Can I take dividends?
| - Can I actively work in the business?
|
| 3. What legal structures allow me to maximize flexibility while
| working in the U.S.? - Would an O-1 visa allow
| for more flexibility? - If I move under a TN visa,
| can I later transition to an E-2 investor visa to run my own
| business?
|
| 4. What are the best options if I want to move to the U.S. while
| keeping the ability to do high-paid consulting?
| - Should I aim for a Green Card as soon as possible?
| - Is there a specific visa category that would allow this?
|
| Thank you for your help!
| hervature wrote:
| I'm not Peter. IANAL so do your own homework. However, I have
| been on TN visas for almost a decade.
|
| 1. Once you enter the US on a work visa, you are only
| authorized to work under the restrictions of that visa which
| are normally tied to a single employer. The "I was working
| remotely for a Canadian corp" does not fly legally speaking.
| Wherever your feet are are "where" you are working. That being
| said, one little known thing about the TN visa is that you are
| allowed to have multiple of them issued for multiple employers.
| If you get one from all of your clients, you can continue
| working for those clients while you are in the US. Practically
| speaking, they cannot tell you are working remotely and your
| clients are sending payment to the Canadian corp. However, if
| audited, do not expect to ever be allowed back into the US.
|
| 2. Anyone can start an LLC. You do not need a work visa.
| However, if you do not have work authorization to work for that
| company, then you cannot legally work on that business.
|
| 3. This is going to be a matter of preference and what you
| classify as flexible. TN visas are very convenient and issued
| at the port-of-entry which makes them quick to process. They
| are also indefinitely renewable and multiple can be issued for
| multiple employers. The other visas you mention will take
| months to process. The rules to transition to E-2 are clear "If
| the treaty investor is currently in the United States in a
| lawful nonimmigrant status, they may file Form I-129 to request
| a change of status to E-2 classification."
|
| 4. Consulting is one of the most scrutinized jobs under the TN
| classification. I do not like being the bearer of bad news but
| obtaining a Green Card is now a 5+ year process unless you
| qualify for EB-1 or marry a US citizen which you can get right
| away. However, you probably do not qualify based on the fact
| you are focused on consulting. I am not an expert on E-2 visas
| so I don't know how consulting is treated under that visa but
| it may very well be your best bet.
| proberts wrote:
| Excellent responses. Thank you. I would add that the O-1 and
| the E-2 are probably the best fits to do consulting work for
| multiple companies in the U.S. but the O-1 requires a
| relatively high level of achievement and the E-2 requires a
| "substantial" investment by (in this case) Canadian citizens
| (which can include investments by you) or Canadian-owned
| companies and a business plan that shows the hiring of U.S.
| workers (citizens and permanent residents) over time.
| abxyz wrote:
| Possibly too broad of a question but any insight you can provide
| on the definition of "work" in the context of being a digital
| nomad in the U.S. would be helpful. For example, if I am a
| European citizen who works for a European company and enters the
| U.S. on a B-2 for a 2 week vacation, is it reasonable to
| interpret the prohibition on "work" as meaning I am not allowed
| to participate in the U.S. labor market but does not prohibit
| taking a zoom call with my team back in Europe? The common sense
| application of immigration law is that it's not work for
| immigration purposes but I'm curious if you have a more nuanced
| take and/or any insight.
|
| According to "International Digital Nomads: Immigration Law
| Options In The United States Abroad" published in The Georgetown
| Law Journal[1] some jurisdictions have specifically said that it
| is not work which is what I'm leaning on for my current
| (optimistic?) view.
|
| "Directors of the CBP office in South Florida, a leading winter
| locale for visiting "snow birds," recognize that "[w]orking
| remotely from the US for a foreign employer, by itself, is not a
| violation of B visitor status" so long as "the work is incidental
| to the primary purpose of the trip," which is a permissible
| visit."
|
| [1] https://www.law.georgetown.edu/immigration-law-journal/wp-
| co...
| proberts wrote:
| The last paragraph is correct and well said; as long as the
| trip is "brief" (that is, you haven't effectively moved to the
| U.S.) and your work-related activities for your European
| company are incidental to the primary purpose (that is, your
| primary purpose is not to somehow work for your European
| company), then you should be fine. Where digital nomads run
| into problems is when they're spending a lot of time in the
| U.S. and effectively have moved to the U.S. as a visitor.
| YZF wrote:
| That's interesting. I would have thought that any work,
| incidental or not, would be a violation of the visa. I've
| heard of people being harassed for e.g. doing work on their
| vacation property (e.g. Canadians owning US property) while
| they were vacationing even when it's something small/minor.
| factorymoo wrote:
| Hi Peter, thanks for doing this AMA!
|
| I'm a cofounder of a startup in the US. Two of us are here on
| green cards, but our third cofounder is based in Switzerland. He
| has a PhD from a top university, previously founded a company,
| and has raised over $30M in the past.
|
| At what stage would it be possible for us to bring him to the US
| on a visa? Would it be:
|
| - As soon as we incorporate a C Corp?
|
| - After raising funding?
|
| - Once we have revenue?
|
| Are there any specific visa pathways (O-1, L-1, E-2, etc.) that
| would be most relevant for him, given his background?
|
| Appreciate any guidance on this!
| proberts wrote:
| This should be an easy O-1 and you should kick off that process
| after you have incorporated the company (and done a few other
| easy company-related things).
| jamesshamenski wrote:
| Hi Peter, thanks for always circling back to the YC community!
|
| I'm curious about LLMs for the legal system that can reference
| the law and help to guide individuals on the process they need to
| navigate. How much of Immigration Law do you think can be
| navigated independently by people? Obviously, unauthorized
| practices of the law would be illegal *but if it was
| permissible*, how critical are lawyers in Immigration Law when
| people are cheap and want to DIY?
| proberts wrote:
| I think that the drafting of documents/forms, the
| development/drafting of arguments, and the creation of letters
| of reference are rapidly being taken over by AI and I think
| within a year, immigration practice will look totally
| different. There are a number of companies doing very
| interesting things who are offering this service to would-be
| immigrants/founders. The immigration lawyer's role probably
| will be reduced to determining the best immigration path,
| advising on job changes and international travel, and
| navigating criminal law issues but the execution of
| applications probably will be handled almost entirely by AI
| with double-checking by the lawyer of course.
| darth_avocado wrote:
| Hi Peter, given that companies are constantly laying off
| employees, what options do people on H1B have in an event they
| are out of a job? One can find a job but a 60 day time
| restriction can be very challenging. It's almost impossible to
| apply, schedule multiple rounds of interviews, get an offer AND
| file the immigration paperwork in that time. A lot of people have
| established lives and have been here for decades because of the
| green card backlog. How would one maintain presence legally in
| the US in such a case?
| proberts wrote:
| A few years ago when there were a lot of layoffs at big tech,
| USCIS published guidance on the options for those who lost
| their jobs. This guidance just validated what attorneys were
| advising anyway but it was reassuring. Whether USCIS will stick
| with this guidance is another question. But the main advice was
| to file an application to change status to B-2 or B-1 (if the
| terminated worker couldn't join his or her spouse's visa as a
| dependent). If the terminated worker was in H-1B status and
| filed such an application, then he or she would not have to go
| back into the lottery after finding a new employer. Because of
| the backlogs in most green card categories, a green card filing
| as a solution isn't a solution anymore.
| gist wrote:
| > after finding a new employer.
|
| Obvious question then does the employer and the job have to
| be similar to the job that they had (and how similar and what
| is the test)?
| proberts wrote:
| Not at all; the job just needs to be related to the
| employee's education.
| Detrytus wrote:
| @proberts - not sure how that works, can you clarify? I know
| that normal B1/B2 visa in theory allows 6 months stay in the
| US, so is that what you are suggesting? If you are fired from
| your job then just pretend to be a tourist for the next 6
| months? Isn't that obviously violating the stated purpose of
| B1/B2 visa, and asking for a ban to enter the US in future?
| 1oooqooq wrote:
| before the pandemic there were vans interviewing and hiring
| people from big layoffs. this last one was the only to ever do
| real damage to the employees.
| ajhool wrote:
| For a U.S. citizen who resides abroad (3 years, NRA spouse) with
| a single-member LLC doing consulting software work for U.S.
| clients, what U.S. address should be / can be used for the
| business address of the LLC? Registered agent?
|
| Separately, I know many startup founders who have long-term
| software developers ("contractors", apparently...) in other
| countries like India, Brazil, etc. Paying them with whatever
| random popular money transfer service. It's common practice but
| is it legal or risky on the U.S. side?
| proberts wrote:
| This really isn't an immigration question but a
| corporate/employment/payroll/tax question.
| galaxyLogic wrote:
| Do Greencard holders have right to Social Security? What can you
| do if you are denied it?
|
| Background: I was a GC holder and the expiration date on the GC
| was past due by the time they processed my application for social
| security. BUT I had also already applied for citizenship, and
| when doing that online the website informed me that my CG status
| was automatically extended a year or so because I had applied for
| citizenship.
|
| I showed the Social Security Administration the printout of the
| document that showed my GC status had been automatically
| extended. But they denied my social security application with the
| reason "We have not been able to determine your age is > 64".
|
| I had been to the SS offices several times showing them my actual
| greencard and my valid passport from my country of origin. The
| government issued GC showed my birthdate. Also I showed them the
| printed social security statement they used to mail me every year
| or so, showing my age.
|
| So it seems to me I was denied social security on totally false
| premises. They surely were able to easily and reliably determine
| my age.
|
| How can this happen in USA? Why would they do this? Do they have
| a standing order saying "Deny every application you can if it is
| an immigrant?"
|
| What should I do? Sue the government? (I understand you cannot
| give an exact recommendation what to do in this case, but would
| that be a viable practical option?)
|
| Thanks
| galaxyLogic wrote:
| To follow up a bit: I got my citizenship. Then I was approved
| for Medicare. Then I applied for Medicate part C and D with the
| healthcare provider Humana. Humana initially approved my
| application but then sent me a letter saying my part C and D
| was DENIED the reason being: "Illegally present in US".
|
| I have never been in the USA illegally but always had a valid
| visa until I got my citizenship. So where did Humana come up
| with the claim I was illegal? I can only assume that Social
| Security Administration told them so, perhaps to cover up their
| mistake that they had wrongly denied me social security.
|
| Should I sue Humana or Social Security Administration?
| proberts wrote:
| This isn't really an immigration question so I would
| recommend that you speak with a benefits lawyer but it's
| always a good practice when something like this happens to
| submit FOIA requests with the appropriate agencies to try to
| find out what's going on.
| sureglymop wrote:
| Hi all
|
| I have a general question that perhaps others can answer too. I
| am currently located in Switzerland but I plan to move to the US
| as my partner just got the medical license as a doctor in the
| state of New York.
|
| My question is, as I am currently still located in Switzerland,
| does it make sense to already look/apply for jobs in the US from
| here? If yes, what's the best way to do so?
|
| If there is a choice, does it make more sense for an immigrant
| visa to be sponsored by my partner or by an employer?
| CactusBlue wrote:
| I have an E-3 visa sponsored by my company. I know that it
| doesn't have a direct path to green card; so anything that I
| should be doing now at this point for permanent residency?
| throwaway9099 wrote:
| Peter, I'm a software engineer with a FAANG company, ~20 years
| experience and at the senior staff level. I lived in the US for a
| while with my family, and we all have green cards. Last year, we
| moved back to India (where we're from), with re-entry permits
| that are valid till July 2026. We'd like to continue living in
| India for a while (the next 8-10 years, till our kids finish
| school), but also keep our green cards so that we can move to the
| US afterwards without going through the Indian-citizen green card
| nightmare, especially for my kids. I go to the US every 3-4
| months on work, my family less frequently. Been paying US taxes
| and no problems continuing to do so, but I don't own a house in
| the US. Is there a way I can keep my green card while living in
| India for 8-10 years? Or should I just give it up when my re-
| entry permit expires, and find a way to apply again?
| chickenzzzzu wrote:
| Isn't the requirement 6 months per year in the USA minimum?
| outworlder wrote:
| Sort of. You need to spend more time in the US than not, but
| even if you do 6 months every year, there's a high change
| you'll start to get tough questions when you try to reenter.
| Longer periods, it gets worse.
|
| That said, the GC will only be taken away if (a) you give it
| up (you can be pressured into doing so though) or (b) an
| immigration judge takes it away (CBP can send your case to
| one if they think you are not living in the US)
|
| This is why a reentry permit exists and that's what OP is
| talking about. It allows one to leave the country for two
| years and can be renewed (not guaranteed though).
| proberts wrote:
| 8-10 years might be tough but definitely speak with an attorney
| to talk this through. Is this your first reentry permit because
| you can get reentry permits totaling 5 years?
| garbawarb wrote:
| My company is actively in the PERM process for me, but I'm
| worried that things will go wrong (for example, failed
| recruitment) and I'll need to start from scratch. Would it be
| advantageous to apply for NIW on my own, and could there be any
| problem with doing both at the same time?
| anon123_unknown wrote:
| I am a founder for an early stage startup on H1B. The prevailing
| wage for a CEO is extremely high in California and will burn my
| companies runway. It it possible to just show on work part time
| 20hrs a week in order and get an hourly wage the meets the
| prevailing wage requirement?
| haint wrote:
| Hi Peter, I cofound a startup with my friend (US citizen). I am
| Canadian. What is possible path for me to work in US? TN1 visa
| requires not self-employment so my startup cannot sponsor me a
| letter. Thanks
| komazawa12 wrote:
| Hi Peter, I'm an E3 holder. Thinking about marrying my partner
| who is a LPR and have a couple of questions:
|
| - I entered on the E3 status in January but went to Canada for 2
| days in February, does the 90 day rule restart from when I came
| back in February or when I initially entered in Jan?
|
| - Can I continue working in my role after I apply to change my
| status after marriage to my LPR partner?
|
| - Typically how long would I be unable to travel abroad while
| waiting for parole/adjustment of status? Thanks so much!
| junar wrote:
| F2A (Spouses and Children of Permanent Residents) isn't
| current. Even after you marry and your spouse files I-130,
| you'll likely be in for a wait before you can file I-485 to
| adjust status. You can and should maintain your E-3 status in
| the meantime.
|
| Since E-3 is not dual intent, the safest option is to avoid
| international travel until I-485 is approved. Re-entering on
| approved advance parole is allowed, but not if your I-485 is
| suddenly denied.
| firefax wrote:
| What's your favorite taqueria?
| manishsharan wrote:
| As a Canadian Citizen with a extra serving of Melanin, what are
| the chances of my getting detained by ICE when visiting my family
| in USA for a week ?
|
| https://globalnews.ca/news/11080371/canadian-woman-detained-...
|
| Edit : fix typo Also added context.
| hervature wrote:
| If you cross into the US at a port-of-entry and are admitted as
| a visitor then you are good whether or not you took Melatonin
| supplements. If you enter illegally or associate with people
| who entered illegally, don't be surprised if you are caught up
| in a raid. However, even if you get detained, if you have no
| criminal history, you will get released after arrested because
| there are no more beds [1].
|
| Seriously though, if you are going to make a cheeky reference
| to race, at least get the reference right. Melanin is
| responsible for darker skin [2].
|
| [1] - https://www.newsweek.com/ice-seeks-more-bed-space-
| detainee-n...
|
| [2] - https://en.wikipedia.org/wiki/Melanin
| kotlip wrote:
| Hi Peter, suppose a Canadian founder got denied at the border for
| a B-2 visa and was asked to bring proof that they are not
| participating in the US labour market (ie. hiring in the US which
| they are not doing, they are just visiting their S/O). What kind
| of documents would constitute this proof?
|
| Thank you for doing these AMAs, it's really appreciated and very
| helpful.
| proberts wrote:
| The standard documents are proof of employment abroad (in
| Canada) and Canadian bank account statements showing sufficient
| funds to support himself or herself while in the U.S. Also,
| something pulling this person back to Canada, such as a spouse
| or significant other or other ties and/or responsibilities.
| mulakosag wrote:
| Hi Peter,
|
| What are the legal ways US graduates in F1-OPT and F1 STEM OPT
| start their startup in the form of LLC. I found conflicting
| information that F1 OPT holder can own/start a LLC but cannot
| actively work or mange it.
|
| How do I even launch my startup if I legally cannot be the owner
| of it?
| proberts wrote:
| I always tell F-1 students that if they look at the guidance
| from 10 different schools, they will get 10 different answers
| on whether and how a student on OPT and STEM OPT can start
| their own/can work for their own business. But the law is
| clear, it's 100% fine while in OPT status and 100% fine in STEM
| OPT status under certain circumstances. My only advice is that
| before talking to your international student office, talk to an
| immigration attorney so that you don't misstep.
| mulakosag wrote:
| Thanks Peter for the response. School's DSO seem to be less
| knowledgeable on the subject matter they are advising on.
| akudha wrote:
| Hi Peter Are there any legal ways to earn money outside of my
| employer on H1B, at all?
| nothrowaways wrote:
| What citizenship will a naturalized citizen get if they lose
| their citizenship and where will they go?
| mandeepj wrote:
| Country of birth, if not a dual citizen
| ceejayoz wrote:
| Not necessarily. People can and do get left stateless
| (https://en.wikipedia.org/wiki/Al-Kateb_v_Godwin involves
| someone born in Kuwait but not a citizen); countries can and
| do reject deportations even of their own citizens
| (https://www.nytimes.com/2025/01/31/world/trumps-
| deportations...).
| mandeepj wrote:
| Nope! Citizenship is a basic human right. No one can be
| deprived of it. Middle Eastern countries have strict laws
| regarding citizenship; in that case, the person would have
| the citizenship of their parents. If one can prove legally
| their citizenship, that country is bound to take them back
| if deported.
|
| #4 -> https://www.mea.gov.in/Speeches-
| Statements.htm?dtl/38990/Sta...
| ceejayoz wrote:
| > Citizenship is a basic human right. No one can be
| deprived of it.
|
| That's great and all, but the problem still exists.
| https://en.wikipedia.org/wiki/Statelessness
|
| > Middle Eastern countries have strict laws regarding
| citizenship; in that case, the person would have the
| citizenship of their parents.
|
| Well, when Palestine gets international recognition as a
| sovereign state, that'll solve the problem. Until then,
| he's stateless.
|
| "Kuwait's Nationality Law is based on the citizenship of
| the parents, jus sanguinis, (Article 2) and does not
| provide for citizenship based on place of birth, jus
| soli, except in the case of foundlings (Article 3). For
| this reason Al-Kateb did not acquire Kuwaiti citizenship
| at birth, and was thus considered a stateless person. Al-
| Kateb left his country of birth after Kuwaiti authorities
| pressured nearly 200,000 Palestinians to leave Kuwait. In
| December 2000, Al-Kateb, travelling by boat, arrived in
| Australia without a visa or passport, and was taken into
| immigration detention under the provisions of the
| Migration Act 1958."
| outworlder wrote:
| > Nope! Citizenship is a basic human right. No one can be
| deprived of it.
|
| Unfortunately not true. Yes, it's a human right. Yes,
| there's all sorts of international agreements trying to
| prevent it (because it's a real mess that nobody wants to
| deal with), but it still happens.
|
| This is more likely for countries that force one to
| renounce their birth citizenship. Not all those regimes
| want to take them back even if the option is
| statelessness.
| cyberax wrote:
| Any other remaining citizenship. If they had to renounce it as
| a part of becoming a US citizen (e.g. India requires it), they
| become a stateless person.
| nothrowaways wrote:
| Stateless? Sounds new information
| pkkkzip wrote:
| hi I have a friend in a tricky situation wondering if you could
| help.
|
| he and another founder are both technical cofounders.
|
| he decided to be CTO and the other CEO but he is the only
| director in delaware c corp.
|
| The CTO is Canadian and CEO is American.
|
| However, CTO found out the CEO wasn't doing in his role. He
| wasn't committing code and also not contributing to executing,
| just sitting on his linked in private messages as some way to
| promise potential investor interest. So to protect the IP, CTO
| decides to block CEO from accessing github until he can explain
| and negotiate what to do next.
|
| CEO used this as an excuse to terminate the CTO and acquire the
| IP by automatic buyback and claim ownership of the IP.
|
| CTO is currently lawyering up and plans on filing injunction
| against CEO who acted in bad faith.
|
| Will the CTO have trouble getting visas in the near future? It's
| clear the legal dispute will become public very soon.
| rectangleguru wrote:
| Hi Peter, thanks for doing this over the years, when going
| through my own immigration journey reading through your past AMAs
| was a huge help.
|
| For reference, I'm a Canadian who just moved to the US on a TN
| Visa and I've got a few questions:
|
| - What would you say the percentage likelihood range is that the
| TN Visa is no longer an option for Software Engineers in 3 years
| time.
|
| - With the news of USMCA talks reopening, is it advisable to
| switch to an H-1B visa?
|
| - How long would it take for the government to eliminate the TN
| Visa, considering the complexity of the process?
|
| - If the TN Visa is discontinued, is it safe to assume those
| already on it will be allowed to work in the US until their Visa
| expires?
| proberts wrote:
| I would never have thought that the TN would be at risk but if
| relations between the U.S. and Canada continue down the path
| that we're on, then I don't think it's out of the realm of
| possibility. I'm not sure how long it would take for the U.S.
| to get out of the free trade agreement but if the U.S. were so
| motivated, it effectively could kill the TN very quickly, even
| if just by policy and practice. So yes, if you can, it probably
| makes sense to start looking at options to get off the TN, such
| as the H-1B (but subject to the annual lottery), the O-1, and
| the E-2.
| radicalbyte wrote:
| How do you protect people visiting or participating in YC from
| ICE? There have been two dozen stories of random tourists being
| disappeared for no good reason from all over the US.
|
| Given that the policy is in the very early stages of
| implementation we can expect those numbers to reach the hundreds,
| thousands and tens of thousands in the next few months.
| worik wrote:
| > There have been two dozen stories of random tourists being
| disappeared for no good reason from all over the US.
|
| Really?
|
| That is frightening. I plan to be a tourist in the USA within a
| decade.
|
| Can you expand on that?
| Alupis wrote:
| It's BS. Random tourists aren't being "disappeared for no
| good reason". A "tourist" that overstayed by 2 years without
| applying for a Visa and/or started working here are being
| deported back to their home nation - in accordance with the
| law.
|
| There's a tremendous amount of scaremongering, fearmongering,
| and misinformation being thrown about currently. Majority of
| it is very much over stated hyperbole.
| gm678 wrote:
| > Canadian woman put in chains, detained by ICE after
| entering San Diego border
|
| > She said the officer refused to allow her to go back to
| Mexico and ordered her to be detained. She was kept in a
| cold room at the border by CBP before being arrested by
| ICE, who placed her at the Otay Mesa Detention Center.
| Mooney claimed in the middle of the night she, along with a
| group of 30 other women, was rounded up to get transferred
| to a facility in Arizona. CBP wouldn't tell Team 10 the
| reason for Mooney's detention, citing privacy restrictions.
|
| https://www.10news.com/news/local-news/never-seen-
| anything-s...
|
| > A German tourist detained by US immigration authorities
| is due to be deported back to Germany on Tuesday after
| spending more than six weeks in detention, including eight
| days in solitary confinement. Both Germans were held at the
| Otay Mesa Detention Center, a prison in San Diego,
| California. Brosche and Lofving had attempted to enter the
| US from Tijuana in Mexico on 25 January.
|
| https://www.theguardian.com/world/2025/mar/11/german-
| tourist...
| Alupis wrote:
| If you believe that's the entire story - walked across
| the border was arrested - then I have a bridge to sell
| you...
| acdha wrote:
| If you were right, they could easily clear the record by
| actually charging her. In several of the cases, they held
| people for extended periods rather than letting them
| leave the country which they really shouldn't be doing if
| they don't have enough evidence for at least one charge.
| Alupis wrote:
| The linked articles have no information in them, except a
| sob story told through one perspective.
|
| For all we know, the US was coordinating extradition or
| release into their home country. A person attempting to
| illegally crossing the border (such as the two in the
| article) have committed a crime and could be held on that
| alone - yet they were released back to their home
| country. Seems like a pretty good ending for them, unless
| you are advocating they should be charged and imprisoned
| here for longer?
| ty6853 wrote:
| Well maybe not arrested. CBP has jailed me before but it
| wasn't an arrest since it is administrative. You can't
| even contact a lawyer like an arrested person can.
| mtmail wrote:
| The German tourist is a tattoo artist traveled with her
| gear. Based on another article (in German) she used a
| tourist visa but had clients lined up. She should've used
| a business visa.
|
| [edit] Found an article with more info "[her US friend]
| told CNN that her German friend was joining her in Los
| Angeles to tattoo her. She speculated that immigration
| officials may have misinterpreted Brosche's statements
| about the project as a declaration that she'd come to the
| US to work."
| https://edition.cnn.com/2025/03/04/world/german-detained-
| ice...
|
| As an IT worker I'm worried of cause because my 'gear' is
| a laptop and I usually travel with a laptop.
| Monk-Mad wrote:
| Hi Peter, Thanks for doing the AMA. I have a general
| question/request, but I understand if you think it is not a
| relevant topic for this AMA.
|
| A lot of people tend to equate foreign workers on work visas with
| "cheap labor", especially in the so called "white collar" jobs;
| even though there are things like labor market tests and/or
| minimum salary requirements which have to be satisfied for many
| employment based visas. Can you please dispel/corroborate this
| based on your experience with employment based visas?
| proberts wrote:
| My experience like all lawyers is in the end limited and
| limited to my clients and cases but I can tell you that for my
| corporate clients looking for talent, salary is usually the
| least important factor, meaning that they are not looking to
| pay the least but to find the best employee or at least a
| highly qualified employee. The competition for talent seems so
| fierce that my clients do not seem interested in lowballing
| great candidates. Now this might be limited to the high-
| end/"white collar" H-1B jobs, as you note above, and not the
| entry-level/grinder jobs.
| gradtemp1122 wrote:
| Hey Peter, Thanks for doing this. For someone on F1 visa, can
| they work as a cofounder of a company through CPT. What are the
| options for this situation?
| GeoAtreides wrote:
| Can foreign streamers stream in the US on a tourist visa?
| tsthe wrote:
| Hi Peter,
|
| Thanks for doing this.
|
| If the recent trend continues, the May 2025 visa bulletin might
| have my priority date (May 30, 2013) current for EB-3.
| Originally, I am on EB-2. I have two questions:
|
| Is it worth downgrading to EB-3, or should I wait for my EB-2
| date to become current? If my date becomes current, what are the
| next steps to getting a Green Card (GC)? Is there anything I can
| do to expedite the process?
| webster451 wrote:
| Hi Peter, Thank you for doing this!
|
| I'm on H-1B with an approved EB-2 via my current employer and an
| approved EB-1A (self-petition). I want to switch employers or
| take a break. I expected my priority date to become current in Q3
| or Q4 2025.
|
| Questions
|
| 1. If I switch to an H-4 status for a break, can that affect
| I-485 via EB-1A?
|
| 2. I need to visit family urgently and I have got a few offers in
| hand. Can I quit and travel internationally while the H-1B
| transfer is in progress and re-enter the US? My stamp expires in
| 6 months and my partner can mail the approved I-797. What are the
| general risks here apart from the mail getting lost?
|
| 3. Can a change of employment lead to issues with an AOS
| application in the future using EB-1A?
| proberts wrote:
| My responses in order: 1. Green card applications are
| prospective in nature, meaning they concern what the applicant
| will do after getting a green card so what an applicant is
| doing now, before getting a green card, shouldn't matter
| strictly speaking but switching to H-4 and stopping work could
| cause USCIS to question whether you intend to work in your
| EB-1A field after getting your green card. To be clear,
| however, the risk of this is low and USCIS's concern if raised
| easily rebutted. 2. Yes but you would need the original receipt
| or approval notice (combined with your existing visa) to get
| back in. Make sure to speak with the company's attorney about
| this/travel. 3. Unlikely, since the EB-1A isn't based on a
| specific offer of employment but as noted above, a change to a
| different field could raise questions about whether you will
| continue to work in your EB-1A field after getting your green
| card. To be clear, however, the risk is low that a job change
| in the EB-1A context would trigger an RFE by USCIS.
| jack_erson wrote:
| Hi Peter, thanks for doing this! I've heard from a couple of
| people that O-1a petitions are not as smooth as before. Many
| people getting RFEs even if the lawyers told them the case was
| strong. Is one article on a major newspaper normally enough to
| tick the coverage requirements? Having the agent type O-1 makes
| it easier to change companies? Some say yes, some say all the
| companies need to be listed when filing the petition. Thanks!
| proberts wrote:
| I haven't seen adjudications of O-1 petitions becoming more
| difficult but my experience, like everyone's experience, is
| anecdotal. The regulations are unclear/inconsistent on whether
| a singular instance of a criterion (media, publications,
| awards, etc.) is enough to meet that criterion but in my
| experience, yes (although multiple instances is always better).
| Once someone has obtained one O-1 visa, it's generally very
| easy to get the next O-1 (and much cheaper, easier, and faster
| than getting the first one). That applies whether the first O-1
| was a company O-1 or an agent O-1.
| spacefan1984 wrote:
| I have a Ukrainian refugee family under TPS, approved through
| 2027, staying in my guest house in Texas. There are rumors that
| the Trump administration will revoke the status of TPS peoples in
| the next month or two.
|
| If this happens, my understanding is that this will immediately
| turn them into illegal aliens, subject to deportation.
|
| Is my vague understanding true? Is there anything I can do to
| help them? I don't mind participating some civil disobedience if
| it means allowing them to stay in the country longer. Should I
| gate up my property? Any advice is appreciated.
| epistasis wrote:
| Here's an article on it:
|
| https://www.reuters.com/world/us/trump-plans-revoke-legal-st...
|
| > The planned rollback of protections for Ukrainians would be
| part of a broader Trump administration effort to strip legal
| status from more than 1.8 million migrants allowed to enter the
| U.S. under temporary humanitarian parole programs launched
| under the Biden administration, a senior Trump official and
| three sources familiar with the matter told Reuters.
|
| > A move to revoke the Ukrainians' status could come as soon as
| April, all four said. They said the plans to revoke their
| status got underway before Trump publicly feudedwith Ukrainian
| President Volodymyr Zelenskiy last week.
|
| > White House press secretary Karoline Leavitt pushed back on
| the Reuters report in a post on X, saying "no decision has been
| made at this time."
|
| I have been calling every single person I know that has a
| Republican congress person and begging them to please call
| their congressperson on the matter. I have no idea if it has
| any effect. It certainly feels like shouting into the void, and
| there's about 1000 other things that everyone is angry about.
| spacefan1984 wrote:
| I feel so helpless in the face of so much chaos, incompetence
| and malice.
| epistasis wrote:
| Even if it continues, there are many in the TPS community
| that will be stuck in odd situations that prevent them from
| daily life such as not being able to get drivers licenses.
|
| The malice, the excuses for this nonsensical system, and
| more have permanently damaged some of my close
| relationships. It's times like this when people show who
| they truly are at heart.
| proberts wrote:
| It's super scary and awful. Although unlikely to help, it's
| always worthwhile to look at employment-based visas for those
| in TPS status or pursuing asylum. Sometimes there are
| solutions. But to answer your question, my understanding is
| that those whose TPS status has been revoked would have little
| time to leave and that would set forth in the revocation order.
| randerson wrote:
| If the Trump administration is successful in ending birthright
| citizenship for illegal immigrants, what actually happens to
| those kids who were born here? Could they end up in a "The
| Terminal" situation where no country will claim them?
| gedy wrote:
| Don't most countries grant citizenship to children of parents
| from that country? I'm sure there's lots of bureaucratic issues
| if they were never recorded in the parent's country though.
| NRed wrote:
| I want to make a paid internship with a US based startup (still
| need to find a company). What is the path of least resistance in
| terms of visa?
| TZubiri wrote:
| If a company issues a temporary visa for an overseas employee,
| and the employee overstays and cuts ties with the company to
| become an ilegal alien. Is the visa issuing company penalized or
| held liable in some way?
| grahamgooch wrote:
| Isn't the green card risk based on a couple of items in the green
| card process
|
| The visa process and the person's assertions to those visa
| questions
|
| For example - did you every x? And the required answer is No
|
| Let's assume the person did commit X but answers No
|
| Years go by and the person gets a green card.
|
| The underlying assertion was a lie - therefore the whole stream
| of events later becomes questionable.
|
| The second situation is a new item being added. For example
| consider the hypothetical scenario that
|
| When the applicant filled out his forms - greenpeace was legit.
| And the applicant was a greenpeace member.
|
| Years later the applicant becomes a green card holder.
|
| Now years later. The govt classifies greenpeace a terror org.
|
| Is the green card holder under threat?
| Natsu wrote:
| You should read the actual questions on an I-485, they don't
| rely on declarations that any given organization is "terrorist"
| or anything like that.
|
| Now, I think you're right that the statements are only required
| to be true at the time they were made. That said, if I can get
| you to look at the I-485 which one fills out to get a green
| card, and focus on the questions in Item Numbers 43.b. - 43.e,
| which cover what is essentially material support for a
| terrorist org, you will see that all of them relate to the
| group's actions. You can read the questions yourself here on p.
| 16 of the PDF for an I-485:
|
| https://www.uscis.gov/sites/default/files/document/forms/i-4...
|
| So the only way the truth of someone's statements could change
| over time would be if the groups they had given material
| support to (e.g. money or recruitment) had only engaged in
| things like assassination, kidnapping, hijacking, sabotage,
| destroying people or property with weapons or dangerous
| devices, etc. after the person had already turned in their
| I-485 form.
|
| This isn't very likely to be the case for various Palestine-
| related organizations that are doing armed resistance, since
| that armed resistance has been going on for a very long time
| now. But I suppose it's hypothetically possible in the
| abstract, and I presume one would argue this at an immigration
| hearing, since they have to establish immigration "fraud" and
| parts of that depend on what you knew and when you knew it.
| grahamgooch wrote:
| Good points.
|
| Thanks for sharing the link. Yikes! It looks like all of part
| 9 is in play. Ie one had better be absolutely truthful - or
| self decline, who would ever do that?
|
| Also, the problem with the legal definition of "a
| disqualification requirement" is it can be vague and subject
| to change.
|
| Would I be correct in saying that a strict adherence to USA
| law is mandatory?
| Natsu wrote:
| IANAL, but if you've read all of the questions, they
| include some incredibly broad things like the one about
| having ever committed a crime, even if not charged,
| convicted, etc. that you can find on the I-485.
|
| I've heard it said by lawyers that you're not qualified to
| know whether or not you've committed a federal crime and
| some of those are quite broad - see this illustration for a
| few ideas in that vein: https://lawcomic.net/guide/?p=1008
| - but even then, one "out" is that my understanding is that
| you have to actually commit _fraud_ here.
|
| So maybe if you violated some incredibly broad provision,
| but were never charged or convicted and literally didn't
| even know it was a law, you could defend yourself by
| pointing that out and arguing that because of that, you
| haven't committed actual "fraud" even if your answer was
| wrong.
|
| But in general, yes, you should be honest on all the forms
| and engage with a legal professional if you're ever in
| trouble. I've heard that this area of law is all that well
| tested, so we'll have to see what the courts do with it. In
| fact, we suffered some significant delays in our
| immigration journey due to being honest, but I don't regret
| that one bit.
| valiant55 wrote:
| How isn't ICE the American secret police?
| proberts wrote:
| This has been a very active and interesting AMA so thank you
| everyone. I will be stopping now and returning tomorrow morning
| to respond to all the unanswered questions and comments.
| throwaway7783 wrote:
| Do you know if there is any specific order of processing for
| greencards? A friend of mine got their EB1a I-485 approved within
| a month, and I've been waiting for more than 6 months (mine was
| applied before theirs).
| legohorizons wrote:
| Thanks for doing this Peter!
|
| I'm the founder of an early-stage company seeking to establish an
| office in Phoenix, Arizona. My situation has specific immigration
| complexities I hope you can maybe give some pointers on.
|
| My spouse is currently subject to a 10-year bar from entering the
| United States due to an overstay....
|
| We are exploring a hardship waiver (I-601/I-601A) but finding the
| process challenging while simultaneously managing my business
| responsibilities. I've been considering various visa pathways
| including TN, H-1B, and have begun the I-130 petition process for
| my spouse. Given these circumstances:
|
| What strategies would you recommend for addressing my spouse's
| admissibility issues most effectively? Are there particular
| hardship waiver approaches that have proven successful in similar
| entrepreneurial situations? Could you advise on the comparative
| benefits of different visa pathways in our specific case? Are
| there any specialized resources or professionals with expertise
| in cases combining entrepreneurship with complex inadmissibility
| issues?
| babuloseo wrote:
| Whats the best way for me to work as a Canadian citizen easily
| with not much legal hoops for the USA thanks. Math/Comp Sci
| degree with Physics backgroud.
| dmix wrote:
| There's plenty of remote US jobs that will hire Canadians, but
| most want you in country. Otherwise find a company willing to
| hire people on work visas and see if you qualify for a TN visa
| (an advanced degree related to the field is usually enough),
| then go to the border at an airport or similar with paperwork
| put together with the help of an immigration lawyer. They also
| might know where the best port of entries are to get TN visas
| approved. Sometimes (Canadian) land borders are better.
|
| If you're looking for the harder but longer term route then try
| H1B.
| iamcreasy wrote:
| Thanks for the AMA.
|
| Recent changes to H1B allowing any organization that conduct
| research "as a fundamental activity" to be eligible for cap
| exemption status. What's your comment on this?
|
| Based on your work experience with startup, do they ever fit this
| criteria?
| umutisik wrote:
| When considering a candidate on an F-1 + OPT, what should be our
| expectation of their need for H1B sponsorship? What are O-1 and
| National Interest Waiver success rates for recent PhD grads (in
| computer science)?
___________________________________________________________________
(page generated 2025-03-14 23:00 UTC)