[HN Gopher] I'm Peter Roberts, immigration attorney, who does wo...
___________________________________________________________________
I'm Peter Roberts, immigration attorney, who does work for YC and
startups. AMA
I'll be here for the next 5-6 hours. As usual, there are countless
topics given the rapidly changing immigration landscape and I'll be
guided by whatever you're concerned with. Please remember that I
can't provide legal advice on specific cases because I won't have
access to all the facts. Please stick to a factual discussion in
your questions and I'll try to do the same in my answers. Edit: I
am taking a break now and will return later this afternoon/evening
to respond to any comments and answer any questions. Thank you
everyone for a great and engaged AMA so far.
Author : proberts
Score : 162 points
Date : 2025-05-16 15:05 UTC (7 hours ago)
| 0xy wrote:
| I'm moving to the US on a K1 visa, is it possible to expedite an
| EAD on the basis of a job offer in an AI field?
| proberts wrote:
| Expedites are available for all USCIS filings and while it's
| worth it to request it here, your reason isn't like to meet the
| expedite requirements, which are listed on the USCIS website.
| Intermernet wrote:
| Is the correct term "Expedites", or "Expeditions"? Legal
| terminology seems to break language rules... The term for
| some (plural) things being expedited would be expeditions,
| but it seems from your response that, in legal terms, this
| would be expedites. This doesn't sound right. No source I
| could find agrees with the term "Expedites" as "plural of
| expedite". It generally returns something on the lines of "A
| third-person singular simple present indicative form of the
| verb "expedite.""
| proberts wrote:
| Expedites as a noun like invites, arguably not
| grammatically correct but in common use so correct from a
| usage standpoint.
| pctTCRZ52y wrote:
| Are the current policies in the US making it noticeably more
| difficult for you to secure work visas for your clients?
| proberts wrote:
| Not yet. The main changes that we're seeing are with CBP at the
| ports of entry. CBP is being much more aggressive in
| questioning those seeking admission, including searching
| electronic devices and even detaining applicants. But nearly
| all our filings are still getting approved.
| gopher_space wrote:
| I've been through customs all over the world for the past
| forty years, and US customs are some of the worst human
| beings I've ever encountered. Why is that function such a
| shit show?
|
| Very familiar with the need for LEO dumping grounds,
| especially at the federal level, so that's been my working
| assumption but I've never asked.
| lazide wrote:
| Because it can be, and nearly every administration has a
| 'tough on illegal immigration' stance - because the US is
| so desirable to go to.
|
| A good Great Depression economic reset + insane facist
| government will reset that a little - but it will still be
| better than a huge number of places on the globe. Even if
| the gov't targets immigrants.
|
| A huge number of places with massive populations of people
| who would love to come over.
| gopher_space wrote:
| Are you saying the volume they handle precludes
| competence?
| lazide wrote:
| No, that the market demand (relative to supply) favors
| shittiness and extractive brutality over positivity.
|
| They are quite competent at their _actual_ jobs, which
| aren't the jobs you think they are.
|
| Think DMV. Or your favorite shitty cable company ISP.
| kanbankaren wrote:
| What parts of the world?
|
| I have found Asian countries, Japan and UK the same as US
| when it comes to customs experience.
| RyanOD wrote:
| If possible, I'd like to hear about your typical day/week of work
| (is anything "typical" in your line of work?). Thanks!
|
| Edit: Typo
| proberts wrote:
| For me, I have about 15 30-minute calls each day with existing
| and potential clients during which we discuss their chances of
| getting temporary work visas or green cards and issues around
| international travel. The rest of the time, I'm reviewing
| applications and responding to emails from staff and clients.
| It sounds pretty mundane but despite the stresses of the job
| and the challenges associated with the new administration, I
| still really enjoy what I do because I have a wonderful team
| and I get to interact with really smart people doing super
| interesting things and help them realize their dream of living
| and working in the U.S.
| koolba wrote:
| I'm sure each case is unique, but there must be a lot of
| similar situations and repeat issues.
|
| How often do you get a new curveball in the process? Though
| perhaps this is an unusual year to be asking that.
| proberts wrote:
| Good question. There are a lot of repeat issues but because
| every person's background is different and every person's
| circumstances are different, every case is different, which
| keeps our work challenging and interesting.
| tempfile wrote:
| Is asking about Recurse Center on-topic? I wanted to apply, but I
| genuinely don't consider it safe to travel to the US. As far as I
| can tell there is no comparable bootcamp-style retreat in EU :(
| hoseyor wrote:
| Why go to the USA then? The world is big. Go somewhere you
| don't feel unsafe about.
| tempfile wrote:
| I'm not going to the US - that is the entire point of my
| comment.
| avinassh wrote:
| I am not sure if it helpful to you, but I did RC remotely and
| my experience was great
| tempfile wrote:
| That is helpful to me! How did it work? I imagine a lot of RC
| interactions are kind of spontaneous, and I never understood
| how that would translate over the internet.
| Detrytus wrote:
| Does being "busted" by Customs (i.e. carrying some items that
| should be declared, but going, and being pulled of from "Nothing
| to declare" lane) affects admission to the US at all?
|
| I was let go with just a warning for my "offense", but still the
| customs officer took my passport and make some note in the
| system. Should I expect secondary inspection next time I cross
| the border?
| proberts wrote:
| Yes, you probably will be pulled into secondary again but you
| should be able to get this cleared up in connection with future
| travel by filing a "complaint" with DHSTRIP. But you should
| only submit a complaint if and when it happens again; you
| shouldn't submit one preemptively now.
| neom wrote:
| There has been a bunch of chatter in Canadian founders whatsapp
| groups about people getting detained for long periods of time
| coming into the states either at SFO or pre-clear in Canada. Are
| you advising Canadians travel with any additional documentation
| these days?
| __turbobrew__ wrote:
| Im a Canadian and go to the US for work fairly regularly.
| Something I didn't realize is that the laws are different in
| preclearance areas. https://laws-
| lois.justice.gc.ca/eng/acts/P-19.32/FullText.ht...
|
| For example, you are allowed to withdraw your application to
| enter the US and leave the preclearance area. Additionally you
| are bound by different laws for search and siezure.
|
| At this point I am only going to the US through preclearance
| areas because you are still on Canadian soil and bound by
| Canadian laws. That doesn't necessarily mean that USBP won't
| break those laws, but the Canadian courts get to decide if laws
| were broken instead of the US courts.
|
| One thing I have not found a straight answer on yet is if USBP
| can compel you to unlock your electronic devices in a
| preclearance area. My current strategy is if I am asked to do
| that in preclearance I will withdraw my application to enter
| because Im not letting anyone access to my phone.
| KerrAvon wrote:
| That's only the Canada -> US leg, though. They can still grab
| your phone on the US -> Canada return trip, ne pas?
| klipt wrote:
| Historically the US has not had much "exit control".
|
| For example leaving the Schengen area it's obligatory to go
| through "exit immigration" and get your passport stamped.
| Leaving the US, you show your passport to the airline, but
| usually there is no formal immigration check at all.
| the_mitsuhiko wrote:
| That's because the airline updates your I-94 for you. If
| they don't you risk overstaying. There is a website you
| can use to validate that they did everything correctly.
| raverbashing wrote:
| Yeah, once upon a time you had to return your actual I-94
| stamped to your passport to the airline, but today this
| is done automatically on the background
| YZF wrote:
| This does not apply to Canadian citizens.
| the_mitsuhiko wrote:
| They changed that.
| gus_massa wrote:
| IIRC, [a long time ago?] you MUST give a piece of paper
| to a guy/gal near the exit, so they remember to mark your
| exit in the database. I don't think they check too much,
| just collect the pieces of papers? (I don't remember the
| details, but if there was a scary warning if you forget
| to give it and they forget to update the database.)
| tenacious_tuna wrote:
| This is part of the Canadian border control in my
| experience; i.e.
|
| - Arrive in Pearson
|
| - go to passport control, scan passport at kiosk, kiosk
| spits out receipt
|
| - you flash receipt to a border officer at the stairs out
| of passport control
|
| - go to baggage claim
|
| - get bags
|
| - go to customs
|
| - hand passport with receipt to officer at customs
|
| - welcome to Canada
|
| I haven't had that experience when leaving other
| countries bound for the US; like GP said, I've had to
| show my passport to the airline to board, but I believe
| that's to fulfill the requirement that they made good-
| faith effort to ensure I'm capable of entering the US.
| seniorThrowaway wrote:
| Especially by land. I've walked into Mexico at an
| official crossing with zero passport / papers check by
| either side. In general land and sea travel can have
| differing rules though, where international air travel is
| governed by a set of international agreements with
| standard rules. For instance the full passport book is
| required for all international air travel.
| briandear wrote:
| You will get your docs checked about 10 miles inland
| Mexico. There you will go through customs and
| immigration. The border zone is treated differently in
| Mexico. Mexican customs is very strict: two laptops and
| you're taxed 25% on the second one. Technically you can't
| bring an iPad and a laptop without paying taxes.
| __turbobrew__ wrote:
| Sure. Or USBP could just be waiting for you as your flight
| lands in the US and then immediately detain you. You have
| no rights in a US airport.
|
| I have not ever heard of that happening, but if I did hear
| about it happening to normal people (i.e. people without a
| criminal warrant) I would probably stop going to the US.
| returningfory2 wrote:
| nit: USBP (US Border Patrol) is not at the ports of
| entry. Border Patrol is for the land border _between_
| ports of entry. CBP (customs and border protection) is
| the organization that does immigration control at the
| ports of entry.
| chollida1 wrote:
| Where?
|
| Driving across the border from the US back to Canada you
| don't talk to US border agents.
|
| Flying from the US back to Canada you don't talk to US
| border agents.
| bbarnett wrote:
| I am not replying to the i94 side of this, just the
| "talking to" side.
|
| There are massive data sharing agreements between US and
| Canada customs. US and Canadian sides can pull full
| criminal records, and a pardon means nothing. Exit data
| is shared in both directions as well.
| pyreko wrote:
| I've crossed a few times between the two via plane since
| Feb and when exiting the US, they could not care less from
| my experience.
|
| EDIT: I do remember hearing some cases of being searched
| when leaving through land borders, but that's more of cars
| being searched for smuggling IIRC?
| jonny_eh wrote:
| Can you be block-listed if you withdraw your application to
| enter?
| __turbobrew__ wrote:
| I don't know what the policy is, but you can be denied
| entry for any reason
| phire wrote:
| The ESTA form explicitly includes "withdrawn your
| application for admission", as part of the refused
| admission question.
|
| So it's basically the same, and you will have to apply for
| a proper visa.
| digianarchist wrote:
| This is why I only fly back from Europe via Dublin
| international.
| fakedang wrote:
| And from Asia via Abu Dhabi.
| proberts wrote:
| There's no question that it's tougher now to get into the U.S.,
| whether from Canada or another country via pre-clearance or via
| a land crossing, and there can be significant differences among
| airports and land crossings. Canadians are unique because they
| are visa exempt and CBP feels particularly emboldened to
| reassess their admissibility every time they enter. The keys
| are to avoid bad pre-clearance offices and land crossings and
| even more importantly to carry the right paperwork, which
| varies depending on the specific status being sought. There is
| also a huge difference between seeking entry as a visitor
| versus seeking entry as a worker with a visa, with the former
| much more challenging now.
| Hexcles wrote:
| Could you give some examples of "bad" pre-clearance offices?
| ridgewell wrote:
| The one that I frequently hear of as a layman (not a
| lawyer) is Toronto Pearson Airport's Preclearance, which
| has a very strict and narrow view of the TN Status eligible
| occupations.
| pyreko wrote:
| Obviously anecdotal but I've had zero issues with
| preclearance at Pearson as a TN holder, both crossing and
| when applying for TN. They usually just ask me some
| combination of where I work for, what I do, and if I know
| when my TN expires, and that's it. My experience applying
| there has also been incredibly uneventful. I guess
| engineering is a bit easier to do though, especially if
| you have a strong application that's been done by
| lawyers.
|
| I've been given hell by immigration about my TN when
| flying directly into US airports though.
| hervature wrote:
| Conversely, preclearance at Pearson royally screwed up my
| TN visa after claiming that the other ports of entries
| were doing it wrong. I have received multiple TN from HOU
| and, in general, I like the CBP at HOU. EWR was always
| friendly as well in my opinion. I personally prefer
| getting my TN at land border crossings because they tend
| to take the "gather all the facts" approach vs. airports
| have a procedural approach that feels highly dependent on
| the agent you get. My most recent TN was I-129 which I
| think is a waste of money but if someone else is paying
| for it and you have the luxury of waiting in the US, then
| it's a seamless experience.
| neom wrote:
| I was thinking just for folks going down regularly on a B1,
| do you think it's worth having a copy of your lease or rental
| agreement in Canada or something similar? It seems most of
| the stuff I was seeing is about Canadians establishing roots
| using a B1.
| proberts wrote:
| The concerns on the part of CBP when someone is seeking
| admission as a B-1 business visitor are the appropriateness
| of the applicant's proposed activities and the applicant's
| ties to home/intent to return home (Canada). So you want to
| keep in your back pocket documents that address these
| concerns, such as a foreign lease agreement, foreign pay
| statement, and evidence of the purpose, such as a printout
| of the conference being attended or a letter of invitation.
| It's also really important to be prepared to provide
| specifics about your purpose, who, what, when, and where.
| neom wrote:
| Thank you Peter - always appreciate you give time to HN.
| sgallant wrote:
| What if you're going to the US to participate in YC?
| Would a B-1 visa be valid?
| stainforth wrote:
| "Founders" seems like an arbitrary term devised
| jerryseff wrote:
| Well yeah, it's because canadian "founders" have a ripe
| reputation of working in the U.S. while on visitor visas...
| __turbobrew__ wrote:
| If you are a Canadian citizen you don't need a visa -- due to
| the visa waiver program -- for business purposes as long as
| your stay is less than 90 days.
|
| You cannot be employed in the US under these conditions, but
| as a founder you are most likely doing things which are
| permitted:
|
| * negotiating contracts * business meetings * board meetings
| * conferences * purchasing property in the US
| blackhaj7 wrote:
| Thanks for this Peter!
|
| I am on an L1-B and part way through the green card process via
| PERM Labour Cert (application was submitted in Jan)
|
| What are my options if I was laid off/company went under/perm
| cert rejected?
|
| How long are the Perm labor cert applications you are doing
| taking (from start till the green card being issued)?
| proberts wrote:
| Unfortunately, if you get laid off while in L-1B status before
| you are able to file an I-485 application, which is the last
| step in the green card process, you would need get no benefit
| from the PERM/green card process and would need to take an
| action within 60 days of the end of your employment to be able
| to remain in the U.S., by filing some type of application with
| USCIS. PERM processing is still really slow, over a year, but
| I'm seeing some indications that this might improve.
| AnotherGoodName wrote:
| >before you are able to file an I-485 application
|
| qq and i'm double checking what my own immigration lawyer has
| already told me just because i'm nervous on this point. Is
| filing the i-485 the point at which you can stay?
|
| I've filed an i-485 via US spouse and waiting to hear back
| but the 60day period is looming and obviously nervous on this
| point.
| proberts wrote:
| The filing of your I-485 application allows you to stay and
| still marriage-based green card applications are being
| approved quickly.
| blackhaj7 wrote:
| Thanks Peter!
| galonk wrote:
| Maybe a dumb question, but... I'm a Canadian who would qualify
| for a TN visa if I worked in the States, but don't currently have
| a visa or green card. On the online submission form for job
| openings, it always asks "Are you legally entitled to work in the
| US?". Am I meant to answer yes or no to that?
| jsbg wrote:
| Not a lawyer but have been working in the US on a TN status for
| multiple employers and I would answer yes and discuss further
| with the recruiter or hiring manager.
|
| TN status is conceivably something you could get without help
| from the employer (though even the smallest startup hired one
| to help me set up a package). What you need is basically proof
| that a company wants to hire you (offer letter), evidence that
| the company exists, and proof that you fall in one of the TN
| occupations.
| nrmitchi wrote:
| Also not a lawyer, but wanted to second what jsbg said.
|
| I've been through this process _many_ times, and I would always
| say yes and then mention with the recruiter (even if I had to
| explain that the process was basically "asking politely for
| permission at the border").
|
| The underlying question that employers really care about is
| "will you be legally allowed to accept a job offer without
| unexpected expenses or delays". Even if you file through USCIS
| (and not petition at the point of entry), you can (should) have
| an answer in 14 days and ~2k in fees, which is 1) a drop in the
| bucket for any hiring budget, and 2) not impactful to a hiring
| timeline.
| SoftTalker wrote:
| Employers are subject to substantial penalties if they hire
| someone who is not legally permitted to work. I think they
| are woried about more than unexpected delays, though I admit
| I'm way out of my sphere of knowledge on this subject.
| nrmitchi wrote:
| To be clear, I meant "unexpected delays (to work legally)".
| As in, waiting a year to submit, and hope for, an H1B to be
| issued, vs waiting 2 weeks for a TN to be approved.
|
| No portion of my initial comment should have been
| interpreted to mean that employers do not do their own due
| diligence _after actually hiring someone_.
| proberts wrote:
| Unfortunately, the correct answer is No because until you have
| the TN, you are not legally entitled to work in the U.S. Of
| course, this means that you will be excluded automatically for
| consideration of certain jobs.
| iamcreasy wrote:
| Thanks for the AMA.
|
| Recent change to H1B allow organizations that conduct research
| "as a fundamental activity" to be eligible for cap exemption
| status. Can you kindly share your opinion on this?
|
| Do the startups you work with fit this criteria?
| proberts wrote:
| I don't think this has really expanded the organizations that
| qualify legally for cap exempt status (we essentially argued
| this before) but rather signifies a greater
| openness/flexibility on the part of USCIS to approve
| organizations as cap exempt organizations. Query, however,
| whether this openness/flexibility will continue.
| bmink wrote:
| If you were an immigrant with legal status who lives in the US,
| would you feel OK traveling? What precautions would you take,
| what information would you memorize?
| proberts wrote:
| Yes. I still think that those with student or work visas or
| green cards should travel internationally. It's just a question
| of being smart and carrying the right documents. The right
| documents will vary depending on the status so I can't give a
| list but I'd recommend having a brief consultation with an
| attorney. Many like myself won't charge for a 15-minute
| consultation, which is all that this should take.
| idontwantthis wrote:
| What would a green card holder need to carry other than their
| passport and greencard?
| proberts wrote:
| Maybe just proof of residence in the U.S., such as a lease
| agreement or deed.
| idontwantthis wrote:
| What would happen if they didn't have that?
| SoftTalker wrote:
| I would guess unnecessary delays. Leases or property
| ownership can be verified with a phone call but probably
| needs to happen during business hours and if you are
| prepared everything will have a better chance to go
| smoothly. Property ownership is public record but a lease
| might be a bit more trouble to verify if the landlord is
| privacy conscious.
| idontwantthis wrote:
| But I mean what is the conversation like?
|
| "Here are the only documents I am legally required to
| show you."
|
| "I need to see a piece of paper with a random address and
| your name on it."
|
| "I don't have that."
|
| What happens next? They are not able to not let you in.
| makestuff wrote:
| As someone who is a US Citizen, what is something about the
| immigration process that I probably do not know about, but causes
| a lot of issues/could be improved.
| ahussain wrote:
| I have lots of examples:
|
| * By law, the US can only issue 140,000 employment-based green
| cards per year, and no more than 7% to one country. This means
| people from India or China can face a 100+ year backlog, even
| after they have proved they qualify for a green card. There's
| no cap on marriage-based green cards.
|
| * Processing times for many green cards (i.e. for people who
| have already qualified, but just need the physical green card),
| are 12-24 months.
|
| * USCIS still expects many applications to be sent by mail.
| Some applications (like O-1s, EB-1s) require hundreds of pages
| of evidence, and it all needs to be printed out on 8.5x11"
| paper, for USCIS to scan it in on B+W scanners. This means that
| there is no error checking (e.g. on fee amounts), and if you
| have made a mistake, you might not know about it for weeks.
| Also, it means your petition cannot include working hyperlinks,
| webpages, or videos - the USCIS officer judges the petition by
| scrolling through a 400+ page PDF.
|
| * The 'standard' post-graduate work visa is the H-1B. It's
| entirely lottery-based, not merit-based, and typically there
| are 400,000+ people competing for 85,000 visas. Many qualified
| people are forced to leave the US each year because they didn't
| get selected in the lottery.
| louison11 wrote:
| The standard for employment-based permanent residency (green
| card) is extraordinarily high. As in, would likely place you in
| the top 1-5% of the most successful people in the country.
| That, or you have to invest $800k and create 10 jobs.
|
| No other country in the world requires foreigners to be
| significantly more qualified than its own population. You can
| move to France with a regular paying job no problem or just a
| few thousand euros in savings. Impossible in the US. You have
| to be extraordinary (they literally call their criteria,
| "extraordinary abilities") or you have to make top 5% money (so
| if you work in tech, that would be at least $500k-1M/year in
| many cases).
|
| The only other way is to get married. This means there is a
| massive discrepancy between the qualifications of self made
| immigrants, versus those simply lucky enough to fall in love.
| It's pretty unfair, but that's how it works. But that's also
| the reason so many immigrants are so successful in the US, the
| bar is so high, that it creates a massive motivation to succeed
| to become eligible for the criteria.
| foolinaround wrote:
| classic case of supply and demand
| coolspot wrote:
| Maybe for instant _green card_ you have to be extraordinary,
| but for regular employment-based immigration you don't have
| to be.
|
| The path is H1-B -> Green Card -> US citizen (I have done
| it), and to get H1-B your potential employer gotta post that
| $60-80k/year job and show that there were no qualifying US
| applicants for it.
| legolas2412 wrote:
| Not related, but to add some woes of the american
| immigration system.
|
| There is no instant green card.
|
| If a truly extraordinary Indian-born person (say a Nobel
| laureate or olympic gold medalist) files for a green card
| today, they will be waiting for 7-10 years to get a green
| card. At this point, it may be worse too, because this
| category's priority date has not moved a single day in 8
| months.
| abraxas wrote:
| > You can move to France with a regular paying job no problem
| or just a few thousand euros in savings
|
| Unless something has changed dramatically in the last decade
| this is patently false. Getting an EU work permit was
| historically very hard with employers having to demonstrate
| that a position can't be filled by an EU citizen before a
| non-EU citizen candidate can be considered.
| CalRobert wrote:
| Indeed those are the rules but on a practical level it
| seems pretty simple to get a visa if the company had an
| even reasonably competitive process. Though I moved to
| Europe 12 years ago (and went through getting work permits
| twice), maybe it's gotten harder.
| throwaway219450 wrote:
| The difference in the US is that it's (comparably)
| extremely difficult to change status from a temporary visa
| to a permanent one. Even if you _are_ highly qualified. For
| example the most common academic visa, the J1, is
| explicitly a temporary exchange program and you can 't have
| immigrant intent (on application). Most universities won't
| give out academic H1Bs even though they're cap-free.
|
| In most European countries, once you're in, you can find a
| way to stay. One exception I can think of is Switzerland,
| which can be pretty annoying for temporary visas because
| they don't count for time accrual.
|
| Austria has a pretty good system (RWR) that lets you job
| seek and is a pathway to permanent residency as a 3rd
| country citizen. I think there are similar programs in
| France and Germany.
|
| For example "very highly qualified" in Austria is satisfied
| by almost anyone with a STEM degree, being under 35 and
| (amazingly) being an English speaker. If you have that
| initial visa, companies can hire you without worrying about
| sponsorship.
|
| You could also use that as a route to the Blue card I
| think. I wouldn't say the bar is exactly low, but a lot of
| mobile people are sufficiently educated and are paid
| enough. As in, a typical European STEM salary would cover
| it.
|
| But also the grandparent's comment is out of touch. Of
| course countries want people who are more skilled than
| local labor, that's the whole point. Aside from the benefit
| of attracting talent and higher tax revenue, it's much
| harder for your voters to argue that immigrants are taking
| your jobs this way.
| abxyz wrote:
| Many countries have quite strict limitations on immigration
| for work. Many countries do not permit any immigration
| without visa sponsorship. The U.S. permits sponsored
| immigration with a quite reasonable bar (e.g: H1B, L-1). Many
| countries have similar lottery systems, quotas and minimum
| salary requirements. Given the demand for immigration into
| the U.S., it's not too surprising to see the limits (and
| restrictions) be more prominent.
| rietta wrote:
| I am not a lawyer, but my understanding is the extraordinary
| ability does not have to germane to your employment. I am
| aware of the the story of Gabby Franco - who appeared on a
| season of Top Shot years ago. She was on the Venezuela
| Olympic pistol team for the 2000 Summer Olympics in
| Australia. This status as an Olympian got her entry into the
| USA and eventually citizenship.
| https://en.wikipedia.org/wiki/Mar%C3%ADa_Gabriela_Franco
| truthseeker006 wrote:
| Hi Peter! Thank you for this!! A while back, ~10 months, I was
| rejected from a B1 visa in the US. However, I have now secured
| admission from Stanford and would need to apply for an F1 visa.
| What can I do to make my case strong and ensure that the previous
| visa application does not affect my current F1 process?
| proberts wrote:
| Unless there was a finding of fraud or misrepresentation, the
| previous denial shouldn't impact your F-1 visa application; the
| requirements/standards are different. That being said, because
| so much is at stake for you, I would recommend that you get an
| attorney involved. It should just involve one or two
| consultations so the cost shouldn't be much.
| truthseeker006 wrote:
| Thank you so much!
| miotintherain wrote:
| Hi Peter, thanks for doing this AMA.
|
| I am traveling to the US soon for work from Europe. I have been
| reading a lot of articles about detentions at US airports and
| phone checks. My mindset has always been to never give my
| personal phone for an inspection, but times has changed now and
| it has been happening a lot more frequently. I am wondering what
| is the best course of action, prior to travel and if asked to
| give your phone and password. Also, what happens if you refuse to
| do so? Is the worst case scenario that they will send you back to
| where you came from?
| ty6853 wrote:
| Not legal advice but I'm a US citizen and when I've refused to
| answer their intrusive questions the worst that has happened to
| me is they imprisoned me, stripped me naked and searched me,
| got a fraudulent warrant for an internal body search, and then
| sent me the bill after dumping me at the border when they found
| nothing.
|
| Enjoy.
| Exoristos wrote:
| Can you explain what fraud was used to obtain the warrant?
| ty6853 wrote:
| Yes.
|
| They claimed a dog alerted on me. An anonymous dog, handled
| by an unnamed officer in the affidavit, which was used as
| 3rd party inter-species hearsay via a HSI officer to the
| assistant attorney and judge.
|
| A dog did not alert on me. In fact it is against CBP policy
| to use dogs on a person, they are to be used on your
| articles.
| lbrito wrote:
| Given the very real risks involved, can't your employer waive
| the travel requirement for the next few years?
| bbarnett wrote:
| Culture and society are a road, a path.
|
| What if the current path means a permanent shift. What if
| this administration seems _friendly_ compared to the next?
| BeetleB wrote:
| Not a lawer, but the ACLU has a page on this:
|
| Short FAQ:
|
| https://www.aclu.org/know-your-rights/what-do-when-encounter...
|
| Dedicated article:
|
| https://www.aclu.org/news/privacy-technology/can-border-agen...
| proberts wrote:
| Thank you. This is excellent guidance.
| mandeepj wrote:
| from [1]:
|
| > Refusal to do so might lead to delay, additional
| questioning, and/or officers seizing your device for further
| inspection.
|
| Then, there's no point in denying device search?
|
| [1]: https://www.aclu.org/know-your-rights/what-do-when-
| encounter...
| david422 wrote:
| I'm wondering if anyone uses burner phones. I have an old
| phone, and a second phone number that I got from Tello for $5 a
| month, intending to use it for a business number, but then
| never did. It's currently completely detached from anything
| personal and I figure if I do need to go over the border I
| could just use that still for any communication and internet
| access, but personal details would be at a very bare minimum.
| twosid3dDice wrote:
| Leave gadgets at home. Buy burners here. Access data remotely.
|
| Wipe and dump burners before flight home.
| proberts wrote:
| The short answer is that CBP has the right to ask to see your
| electronic devices and you have the right to refuse but if you
| refuse (and you are not a U.S. green card holder or citizen),
| CBP likely will deny you admission and send you home.
| deadbabe wrote:
| I had a friend who was asked to unlock her phone, and she
| did, and then... they did nothing. They watched her do it and
| moved on to the next question.
|
| Seems like asking someone to do this is just a good test to
| see the kind of individual they're dealing with. It's not
| practical to thoroughly search phones at scale and plus they
| know people can just have burner phones anyway. If you're
| cagey and combative they know you're a problem.
| mrguyorama wrote:
| It's CBP
|
| It's not actually about any form of screening. It's a power
| trip. Only the dumbest criminal or terrorist would bring an
| incriminating device across the border and have any need to
| say "no" to that request.
|
| Which, stopping dumb criminals and terrorists is important
| and valuable and they do exist, but nobody applied to work
| for CBP in order to check the phones of dumb criminals.
| They applied because they have strong opinions about
| certain things.
| deadbabe wrote:
| Still, if a dumb criminal or terrorist does slip past
| you, that just means you're an even bigger idiot. So
| might as well ask people to unlock the phone.
| mandeepj wrote:
| > My mindset has always been to never give my personal phone
| for an inspection
|
| Get a burner phone! Upload your entire data to the cloud as
| well. Either you can store your phone in the check-in luggage
| or restore your data once you've arrived at your US location.
| fucalost wrote:
| For what it's worth, I recently travelled to the US from the
| Middle East (into Houston) and was also concerned about this.
|
| My solution was to delete apps I didn't want to be searched
| (e.g. WhatsApp) after having made a cloud backup, then enabling
| airplane mode.
|
| CBP's website [1] states:
|
| > Prior to beginning a basic or advanced search, CBP Officers
| will ensure all data and network connections are disabled
|
| And no, I wasn't searched (thankfully!)
|
| [1] https://www.cbp.gov/travel/cbp-search-authority/border-
| searc...
| belorn wrote:
| For any electronic device it is advisable to take a complete
| backup of the unit, store an encrypted version somewhere
| online, and then restore the device to factory reset. Do not
| log in to any account that you wouldn't feel perfectly fine
| giving up in an inspection.
|
| They can already hijack any phone number, so the only
| vulnerability you are giving up by crossing the border is the
| files, call log/sms, and accounts you bring with you.
| robomartin wrote:
| > I have been reading a lot of articles about detentions at US
| airports and phone checks.
|
| I travel internationally all the time. I work with companies in
| China, Singapore, Japan, Australia, Europe and Latin America.
| Meaning, I know lots of people who travel internationally with
| great frequency. I have never heard from anyone having any such
| problems. Ever. Not during this administration nor others. Stop
| listening to idiots pushing false narratives. It's fear
| mongering. Not real.
|
| Oddly enough, I have been asked more questions when travelling
| to Canada (Montreal) over the years than almost anywhere else.
| Nothing serious, thigs like "Why are you travelling to
| Canada?", "Where are you staying?", "How long?", "Where do you
| work?", "What's your website and business email?", "Who are you
| meeting with?", "What is their contact information?", etc. And,
| BTW, all of this at the standard entry passport check booth,
| not a side room.
|
| Of course, it feels intrusive when it happens. I look at it as
| security theater. Just chill and go through the process. Being
| stupid about this can ruin your trip in any country. Unless you
| are a diplomat, you are not important enough to bother with.
| Picking a fight with entry officials in any country will result
| in bad things happening to you. Don't be that person.
|
| To the point about security theater: Last year we travelled to
| Mexico on vacation. When we got to the hotel we bought a few
| supplies. A couple of the items were sealed the type of plastic
| packaging that you cannot possibly open with your bare hands or
| teeth. I said "I'll go to the front desk and see if they can
| let me use a pair of scissors". Without missing a beat, my
| daughter pulls out a pair of standard size Fiskars scissors
| from her luggage. Jaw drop moment. She went through security,
| full scan, and a pair of scissors made it onto the plane. So,
| yeah, security theater at its best. BTW, the scissors did not
| make it through security at the airport in Mexico when
| returning.
|
| BTW, I have also hired Canadian engineers and we've never had
| problems. You just have to go through the process, hire and
| attorney and do it right. Which, BTW, is true anywhere in the
| world.
| creaturemachine wrote:
| "What are you complaining about? Just be white like me."
| maronato wrote:
| You are misinformed.
|
| https://news.ycombinator.com/item?id=44006618
| brailsafe wrote:
| I've heard similar accounts, and anecdotally holds up,
| although my experience travelling for work specifically is
| limited. Incidentally, as a Canadian, I've been searched many
| more times, if not 100% of the time, coming back from the
| states than going in. Security theater in both directions
| though for sure, just looking for a slip up. Going in to the
| states, I once had a slightly vague answer about where I was
| staying because I'd planned to camp on a long road trip. They
| pulled me into the lineup and then asked me again, I tried
| explaining but they just wanted an address and hinted as
| such, so I just google searched a hotel in front of them and
| gave them that. They've got boxes to check.
| briandear wrote:
| > it has been happening a lot more frequently.
|
| Is that factual? Or has the media simply been covering it more
| due to their bias?
|
| International Travelers Processed with Electronic Device Search
|
| Fiscal Year Quarter Total Border Searches Conducted FY 24, Q1
| 10,937 FY24, Q2 11,273 FY24, Q3 12,090 FY24, Q4 12,658 FY25, Q1
| 12,092 FY25, Q2 12,260
|
| (The U.S. 2024 fiscal year began on September 28, 2023)
|
| To understand the scale, in FY25 Q2, there were 88 million
| entries.
|
| So the assertion that 1) electronic searches are statistically
| meaningful and 2) they are increasing by any significance is
| just media-fed fear.
|
| One ought to consider the UK's Terrorism Act of 2000 -- the
| police do not even need reasonable suspicion of a crime to stop
| and search a person, their vehicle, or electronic devices.
| https://www.hrw.org/report/2010/07/04/without-suspicion/stop...
|
| You can also be arrested in the UK for the crime of insulting
| someone. https://www.bbc.co.uk/news/magazine-18102815.amp
| buzer wrote:
| Do L1B visa holders have reasonable chance of getting compelling
| circumstances EAD if their visa date isn't current for EB-3? I'm
| wondering if I should suggest that option for HR when they file
| the I-140 (or after if it's approved, whatever the process is).
| proberts wrote:
| USCIS rarely issues I-140 EADs based on compelling
| circumstances unless there are government/national interests at
| stake or significant humanitarian issues.
| buzer wrote:
| Okay, thanks. I was primarily wondering due to "Significant
| Disruption to the Employer" seems to be one of the possible
| categories and it's description sounded similar to reasons
| why one would get L1B visa.
| proberts wrote:
| Essentially disruption here means significant financial
| impact.
| narenkeshav wrote:
| Hey Peter,
|
| On average, min and max - how many H1Bs do a Seed/Series A,B
| startups have?
|
| From your experience.
|
| Thank you for your time, Naren
| proberts wrote:
| I'm not sure I understand what you are asking. Do you mean the
| average per startup or the total number? All I can say is that
| startups usually can sponsor H-1Bs without issue.
| narenkeshav wrote:
| Thank you for responding, Peter. Total number.
| ushakov wrote:
| hi Peter!
|
| how long does 221(g) administrative processing take to complete
| in your experience? anything one can do besides waiting (Russian
| citizen working in tech, almost 1yr without adjustments)?
| proberts wrote:
| This really depends on the reason for the 221(g) and the
| applicant's country of citizenship or birth. Unfortunately, for
| those from certain countries, such as Iran and Russia, it has
| not been uncommon for such applications to go into a black hole
| and take 1-2 years. For those not from such countries, the
| process is relatively quick, from a couple of week to a couple
| of months.
| atemerev wrote:
| Were there any changes in requirements for O visa recently? Did
| they remove the job offer requirement?
| ahussain wrote:
| I'm pretty sure the job offer requirement is still in effect,
| and will remain in effect, since the O is an employment-based
| visa. What made you think it had changed?
| atemerev wrote:
| https://rjimmigrationlaw.com/resources/o-1-visa-update-
| new-e...
|
| "USCIS now permits separate legal entities, such as
| corporations or limited liability companies (LLCs) owned by
| the beneficiary, to file O-1 petitions on their behalf. This
| change provides a significant advantage for entrepreneurs and
| self-employed professionals."
|
| I am interested if it actually works in practice.
| proberts wrote:
| What was quoted below is really just codifying what existed in
| practice, that is, founders/owners of companies getting
| sponsored by their own companies. To answer your question, a
| job offer/employment is still a requirement and I haven't seen
| any major changes yet in the adjudication of O-1 petitions.
| noodlesUK wrote:
| Thanks for doing the AMA!
|
| I'm a US citizen born abroad - I got my citizenship via (I
| believe) INA 320 when I was a child. I have a US-born father who
| was not eligible to pass on his citizenship at the time of my
| birth. I lived in the US for most of my childhood up until ~2015
| (initially as an LPR), and at some point, I obtained a US
| passport.
|
| I don't have a certificate of citizenship, only a US passport.
| Given the way the US is going, I'm concerned that one day I'm
| going to apply renew my passport or otherwise have to prove my
| citizenship, and I'm not going to be able to sufficiently
| document it. Is this a real risk? Would you advise applying for a
| CoC in my circumstances? Am I even eligible to apply for one
| given that I live abroad? What other steps if any should I take
| to protect my status?
| proberts wrote:
| You still can apply for a Certificate of Citizenship but
| there's a cost associated with it and I really don't think it's
| necessary or even advisable because you are now giving the
| government a chance to reassess its previous approval. A U.S.
| passport is always considered sufficient evidence of U.S.
| citizenship.
| noodlesUK wrote:
| Thanks. I guess that's a valid point - why invite unnecessary
| scrutiny.
| johnisgood wrote:
| This is a really good advice, actually.
| Terr_ wrote:
| Especially since the current administration seems to be,
| er, indiscriminately grasping at low-hanging fruit make
| some kind of unofficial quota.
|
| If good documentation and good behavior won't protect you,
| then that leaves trying to avoid being in the front page of
| search results.
| dyauspitr wrote:
| What do you mean by a US born father not eligible to pass on
| his citizenship?
| noodlesUK wrote:
| In order for U.S. citizens to pass on their citizenship to
| children born abroad, they need to have resided in the U.S.
| for a certain period prior to the birth of the child.
|
| The amount of time the parent has to have lived in the U.S.
| varies but usually it's 5 years with at least 2 years after
| the age of 14.
|
| If they don't automatically pass it on and they want to move
| back to the U.S., they need to apply for green cards for
| their kids.
|
| Since 2001, anyone under 18 who has a green card and lives
| with a U.S. citizen parent becomes a citizen automatically by
| process of law, under INA 320. Unfortunately documenting this
| is _not_ automatic. A lot of people who came before 2001
| don't even know that they're citizens. The application for a
| certificate costs a lot of money, so often parents tend to
| skip it if they don't feel it's necessary.
|
| See below for the residency criteria.
|
| https://travel.state.gov/content/travel/en/legal/travel-
| lega...
|
| INA 320: https://www.uscis.gov/policy-manual/volume-12-part-
| h-chapter...
| smcin wrote:
| Obvious question: does your passport expire before 2029 or not?
|
| i.e. will you need to renew it under the current, or next,
| admin?
| debarshri wrote:
| I am currently a dutch citizen. I'm also a founder of a startup
| that has raised around 2.5 million USD. The company is delaware
| based.
|
| What is the best option i have? Is E2 an option?
| proberts wrote:
| An E-2 would require some investment ($100k+) but Dutch
| citizens or Dutch-owned VCs but if this investment exists, then
| an E-2 could be a very good option. The other option would be
| the O-1 and as a founder of company that has had a good round
| of seed funding, you might qualify.
| debarshri wrote:
| Would fund that we have raised count as investment in E2?
| proberts wrote:
| The fund would need to have been Dutch-owned for its
| investment to count for E-2 purposes.
| theyknowitsxmas wrote:
| How does a dutchman mingle around with local investors... and
| what series?
| kindatrue wrote:
| What's a good number to memorize if you get detained and have the
| right to ask for a lawyer?
| proberts wrote:
| See the ACLU guidance referenced in a previous comment. There's
| no right to counsel during routine admission. The right only
| arises when arrested or being investigated for a crime.
| throwaway098490 wrote:
| How common is it for pre-Series A startups to sponsor H1Bs?
| What's the process like for EB2 on the PERM route, and how
| difficult is it to be successful in that process?
| proberts wrote:
| No issues whatsoever with respect to H-1B sponsorship but
| potential issues with respect to green card applications,
| particularly PERM-based applications because of the ability pay
| requirement and because of issues related to ownership/equity
| held by the employee.
| Valbeloru wrote:
| What are those issues?
| proberts wrote:
| A company sponsoring an employee for a green card must show
| that it has the ability to pay the offered wage and this is
| more complicated when the company just has funding and no
| revenues or limited revenues. Also if the sponsored
| employee owns more than 5% of the company, USCIS could
| question whether recruitment process was done in good
| faith.
| AndrzejNowak wrote:
| If an individual is transgender, not a US citizen, and has a
| passport with an updated gender marker (or X), can they still get
| a visa? Or is submitting an official document with "wrong
| information" enough for a refusal?
|
| What about existing visas?
| proberts wrote:
| The short answer is Yes, this individual can still get a U.S.
| visa. But I'd still recommend that this person speak with an
| attorney before applying for a visa or traveling to the U.S.
| silverslate7 wrote:
| Thanks, Peter! What's the most viable visa for European to-be
| founders looking to move to the US (without affiliation to any
| institution / accelerator)?
|
| I've been considering (a) going on a M-1 or F-1 master's student
| visa while working remotely my non-US company or (b) applying for
| an E1 Treaty Investor Visa. Are there other routes I haven't
| considered, and are there any unclear watch-outs around these two
| routes?
| silverslate7 wrote:
| Do you have any guidelines for the amount of $ expected for the
| investment required for people applying for the E1 Treaty
| Investor Visa?
| fooker wrote:
| Are O1 visa applications getting significantly more scrutiny
| nowadays?
|
| I comfortably qualify for one, based on the USCIS criteria, but
| my employer (big tech company, big law firm for immigration)
| wants to wait one more year for another H1B attempt before trying
| this.
|
| Hence I am wondering if switching jobs could potentially help
| here.
| proberts wrote:
| Big tech is risk averse and avoids pursuing O-1s unless there's
| no other option and the candidate/employee is highly valued.
| But I haven't seen any change yet in the adjudication of O-1
| petitions. Nearly all our O-1 petitions still get approved and
| when we receive a Request for Additional Evidence (or RFE), the
| issues raised are the same issues that were raised before
| January 2025.
| miruddin wrote:
| Is it true that most big tech companies and possibly the
| startups you work with strongly prefer H-1B transfers over
| candidates who might have held an H-1B in the past (with an
| approved I-140), but are currently on a B-2? In your
| experience/opinion, is such a situation disadvantageous to
| the candidate's competitiveness in attaining employment at
| these coveted companies?
| proberts wrote:
| If the company is paying attention and knows what it's
| doing, then the interim B-2 status of a candidate shouldn't
| matter; at worst, it just means that the candidate might
| have to depart and reenter to activate his or her H-1B
| status with the new employer.
| miruddin wrote:
| Super helpful! Much obliged!
| fooker wrote:
| Makes sense, thanks.
| bubblethink wrote:
| O1 is an inferior visa, so they are right that you should be
| trying for H1B before going for an O1. I'm assuming that you
| are on OPT or some other visa category. There is likely no
| advantage to getting an O1 in your current situation.
| fooker wrote:
| > likely no advantage
|
| Freedom to travel. Can't realistically renew F1.
| bubblethink wrote:
| Yeah, if your F1 expires before your OPT, it makes sense to
| try for an O1. It's a minor expense for the company.
| Escalate it through your management chain.
| bogzz wrote:
| Seriously? I can't renew it? I'm just at the start of my
| OPT, I can't not visit home for 3 years ...
| fooker wrote:
| Well, in theory you can. In practice it gets rejected so
| often that it's not worth risking unless you have a solid
| backup plan.
| asadm wrote:
| Would you recommend travel for GC holders in these coming months?
| How likely is that travel ban.
| avel wrote:
| What travel ban are you referring to?
|
| Related answer: https://news.ycombinator.com/item?id=44006725
| proberts wrote:
| If there is a travel ban, then the specifics of the ban will
| matter (countries impacted, whether LPRs and citizens are
| exempt, etc.) but absent a travel ban, I still think it's fine
| to travel. Just be prepared to have your devices searched and
| your political views questioned.
| nrmitchi wrote:
| Hey Peter! I'm going to pose a question that I think is
| tangential, but still related.
|
| With genAI and LLMs making way into every profession, how much of
| an impact have you seen on the immigration law side? Have these
| style of tools made your job easier, or are they adding more
| confusion and uncertainty?
|
| Given the rapidly changing landscape (on the immigration side;
| what is valid today may not be valid tomorrow, and everything
| seems kind of up to the best guess of the practitioner) do you
| see these tools (potentially) causing more harm than good (to
| specific individual cases)?
| proberts wrote:
| I'm probably the last person to provide advice about technology
| but AI is helping immigration attorneys significantly,
| primarily in the drafting of arguments. That being said,
| there's still a critical role to be played by immigration
| attorneys to determine the best strategy, to provide advice on
| travel and other issues, and ultimately to review and edit
| anything that is "drafted" by AI.
| negrit wrote:
| Hey Peter.
| proberts wrote:
| The details matter (the type of green card application, the
| green card category, the position held then, the new position,
| etc.) so it's impossible for me to comment. You should schedule
| a consultation with an immigration attorney.
| techguy06 wrote:
| Hi Peter, thank you for this AMA. I've been a green card holder
| for 1 year as the result of working for big tech in the US,
| originally via getting a L1-B 3.5 years ago. I'm planning on
| moving back to my home country in Europe permanently. Is there
| any way I can keep my green card or at least keep it for longer
| in case I start a startup in Europe and want to also have a US
| presence? I'm a Portuguese citizen.
| proberts wrote:
| Yes, there is a way to keep a green card while living outside
| the U.S. although at some point, if the green card holder truly
| has no intent of returning to the U.S., he or she will lose the
| green card. The protection is known as a reentry permit and the
| form used to apply for it is Form I-131. It's an easy
| application.
| canttestthis wrote:
| Hi Peter - I'm on H1-B and not eligible for EB-1/2 or O-1. I
| filed for EB-5 through an RC and just got my EAD and I want to
| use that to start a startup in the US. If the underlying EB-5
| petition is rejected after the startup is established, do you
| know if there is a path to re-sponsoring my H1-B through my own
| startup? I'm trying to understand whether I should wait for a
| proper green card before going down the startup route.
| proberts wrote:
| Yes, there could be a way to get an H-1B through your own
| company; the rules around this have relaxed recently.
| rundmc wrote:
| Is there any way for immigrants to avoid the 27 vaccines mandated
| by the CDC?
| proberts wrote:
| There are medical, religious, and other types of waivers.
| Valbeloru wrote:
| Hi
| wallyrabbitbun wrote:
| Hey Peter,
|
| Currently living in the US, I applied for a green card via
| marriage (partner is GC holder) in March 2023. I received my AP
| and EAD over a year ago, but there has been zero movement on the
| I-485..
|
| What are the options here?
|
| Given the current political climate, I'm not comfortable leaving
| the US until I have the I-485. Is this fear warranted? Would
| really like to travel overseas, but don't want to end up getting
| detained on re-entry..
|
| I understand the above is specific to my case, but perhaps you
| can answer in a general sense for anyone else who finds
| themselves in a similar position..
| proberts wrote:
| Without knowing all the facts, the delay probably is simply the
| result in the backlog in that green card category. Is your
| spouse eligible to become a U.S. citizen because this could
| speed up the process for you. Again without knowing all the
| facts, regarding travel, you are fine to travel; just carry
| your passport, advance parole, and marriage certificate (in
| your back pocket).
| wallyrabbitbun wrote:
| He is eligible to become a citizen actually. What's the best
| way to move forward with a citizenship application?
| proberts wrote:
| It's super easy (the form is N-400 and instructions are on
| the USCIS website) and doesn't require the assistance of an
| attorney unless the applicant has a criminal record or has
| been outside the U.S. for extended periods of time while a
| green card holder (that is, more than 6 months at a
| stretch).
| Valbeloru wrote:
| Hi. Practically, do I need to be an oficially employee for my
| employer to file H1B, or contractor is ok?
| proberts wrote:
| You must be a W-2 employee while in H-1B status.
| skoush wrote:
| Are you seeing an increase in RFE/denial rates for EB2-NIW? What
| advice would you have if you get an RFE? This is for an AI
| researcher at one of the 3 foundation model companies.
| ianhawes wrote:
| What nationality and what is your current status?
| hmartin wrote:
| Hi Peter, thanks for the AMA.
|
| I'm curious what gaps you see in firm operation software?
|
| I work in legal tech and from what I've seen all of the software
| focuses on tasks and artifacts (e.g. the many AI letter drafters)
| as opposed to holistically understanding / optimizing business
| operation.
|
| Does this fit your sense of the software landscape? Are there
| other opportunities here beyond case management etc?
| PureSin wrote:
| Hello, I'm currently on an H1B waiting on my priority date (I'm
| Canadian but born in China), my H1B hits the 6 year mark next
| year. My wife is currently on a TN which expires next year.
|
| Should she switch to H4 EAD under my H1B instead of renewing her
| TN?
| proberts wrote:
| She has not filed a green card application so she probably
| won't have an issue renewing her TN but if CBP or USCIS
| connects her to you, questions might be raised about her intent
| which could undermine her ability to renew her TN. So, yes, an
| H-4 EAD would be safer (unless the current administration kills
| this benefit).
| PureSin wrote:
| We are married so are there steps we can take to decrease the
| chance of them "connect" her to me? Should we avoid crossing
| the border together?
| proberts wrote:
| I can't comment on that unfortunately.
| MinimalAction wrote:
| Hi Peter - why are international students on F-1 visa (not on
| OPT) being strongly recommended to not travel outside the US now?
| Is there a possible denial at the port of entry when returning? I
| for one am a F-1 student looking to travel to an academic
| conference abroad, but being advised to reconsider and stay back
| in the US by my DSO. I'm in the middle of my program, and my I-20
| and visa are valid for another 3 years.
| proberts wrote:
| The concern is that USCIS is cancelling students F-1 status
| without the student being made aware of this because of some
| issue (prior arrests or convictions, political statements,
| etc.) but before you travel internationally, as an F-1 student,
| you will need to get a new I-20 endorsed for travel and when
| the school goes through the process of issuing a new I-20, it
| should see whether there is an issue and if there is no issue,
| you should be fine to travel.
| RohitA5L wrote:
| Hi Peter, Im currently on H1B with I-140 approved. Im thinking of
| starting my own company and have other co-founders who are US
| citizens / GC holders. What is the path for me to have a visa
| while also being able to start my company.
| proberts wrote:
| Because you have cofounders, an H-1B might work. The other
| option is the O-1. You should schedule a consultation with an
| immigration attorney to determine the best path.
| joshdavham wrote:
| I'm a Canadian software developer who'd like to join an American
| startup so naturally I've been applying to a bunch of jobs. More
| specifically, I'm looking to go with TN visa.
|
| In most job applications, I need to answer the two following
| questions 1) Are you legally authorized to work in the US? and 2)
| Will you now or in the future require sponsorship? I'm looking
| for advice on how I should be answering these questions.
|
| For example, I believe I should technically be answering NO to 1)
| and YES to 2), but I'm slightly unsure about this.
|
| I've heard recently that some Canadians actually recommend
| answering YES to 1) as getting a TN visa is very simple and not
| too much harder than just hiring an American. The idea is that
| when you answer NO to 1) that recruiters (and especially startups
| who are often more naive about visas) will lump you in as being
| hard to hire like immigrants who come to the US on the H1B and
| then filter out your application.
|
| As for question 2), because the TN is a "Nonimmigrant" visa, does
| this technically mean I can answer NO here?
|
| Basically in summary, how would you recommend I answer these
| questions? I don't want my applications to get auto filtered, but
| I'd also like to be as honest as possible.
| proberts wrote:
| Legally, the correct answers are No and Yes.
| Plasmoid wrote:
| That's really interesting. Can you expand on why those are
| the correct answers?
| jsbg wrote:
| Can you expand on that? TN does not require sponsorship even
| though most companies do agree to pay an immigration firm to
| help the applicant.
| 1659447091 wrote:
| I think It's not sponsorship in terms of what you hear
| about for h1b. But if you need a "Job Offer" _before_
| getting a TN (as someone upthread mentioned) that itself is
| a form of sponsorship, since you still need _something_
| from that company before you can work.
| joshdavham wrote:
| Thanks Peter for your answer. I'll be sure to apply this
| advice going forward.
|
| With that being said, from seeing the replies to my original
| question, would you mind expanding on your answer a little
| more? I'm sure many of the other commenters in this thread
| would appreciate some more clarity here.
| xp84 wrote:
| Hi, I just spent 2 months interviewing and hiring candidates
| for 4 open (remote) eng positions at a US startup. Answering
| "Yes" to 1 when you don't have a green card or US citizenship
| would be a way to guarantee that I would rescind your offer and
| make a mental note to never trust you. I don't think you should
| do that.
|
| We actually hired some Canadian talent -- we just used an EOR
| in Canada. The EOR cost us about $600 a month per head as their
| cut, but it was worth it to get the excellent developers we
| have through that deal.
|
| The reason why some/many firms would filter out anyone saying
| NO to (1) is that getting a visa sponsored requires significant
| work of a specialized nature and our company certainly is not
| equipped to do that because we don't have people who have the
| time and skills to deal with the insane demands of our
| government to obtain the necessary document (This is not a new
| or partisan issue btw, I remember losing a great developer in
| the Obama years due to the feds giving her the run-around).
| Plasmoid wrote:
| > Answering "Yes" to 1 when you don't have a green card or US
| citizenship would be a way to guarantee that I would rescind
| your offer
|
| This might actually violate EEOC. You would discriminating on
| the basis on nationality. The question that was asked was
| "Are you legally authorized to work in the US?" and Canadian
| have a limited legal right to work in the US under NAFTA.
| YZF wrote:
| They're not allowed to work unless they have TN status. I
| agree with the OP that replying YES is dishonest.
| _bin_ wrote:
| The question is usually understood to mean "on an ongoing
| basis" and it's essentially lying. The system may not be
| correct or kind, but I'd have a lot of trouble trusting
| someone whose response to "the system isn't fair" is "I'll
| lie to get around it and achieve the outcome I believe is
| right" enough to hire him.
| Plasmoid wrote:
| I could see that, but given that jobs are all at-will
| it's hard to argue the employer would have any damages
| for a contract that can be terminated with literally zero
| notice.
| _bin_ wrote:
| Most employment is at will, but salaried employees
| usually have specified severance in case of termination
| for convenience. Misrepresenting qualifications does in
| fact create a case for damages unless the employee is
| literally perfect. But civil aside, and ethics aside, it
| is fraud and could conceivably be prosecuted accordingly.
| hn_throwaway_99 wrote:
| > This might actually violate EEOC. You would
| discriminating on the basis on nationality.
|
| This is laughably incorrect, and a good example of why you
| should get legal advice from lawyers instead of Internet
| forums.
| YZF wrote:
| TN is not a visa and all you need to get this status is a job
| offer. There's really no work of any specialized nature but
| some companies do get legal advice to help streamline the
| process and get better outcomes like reducing the probability
| that the person would be denied.
|
| (EDIT: it is sometimes referred to a visa and sometimes as a
| status but at any rate as someone who had TN status with two
| different US startups there was very little process around
| it)
| xp84 wrote:
| Brief reading of reddit posts by people who actually did
| this almost always included that the company's lawyers
| wrote them letters and prepared packets of materials for
| them to provide CBP. We don't have any lawyers. We're
| simply not employing people who don't have green cards. We
| don't have time or money to play games with the government.
|
| One important thing in seeking TN status is that the title
| of degree matters immensely to your employability, which
| goes entirely against what I stand for, as if you have a
| degree in economics or no degree but do a great job of
| writing code, I'd want to hire you. The law contains
| vagaries and there is a "memo" which suggests that they use
| common sense, but it's all up to a random border guard who
| might not know any of that to interpret everything.
|
| Anyway, you're not automatically legally allowed to work in
| the US and lying about it won't help. We can agree to
| disagree on whether we "should" deal with all that stuff or
| if we're missing out, but lying to get halfway in the door
| is the worst way to change an employer's mind, especially
| in this economy when plenty of domestic candidates are
| available.
| YZF wrote:
| I agree with you about the dishonesty of saying yes (as I
| replied in another comment).
|
| That said this is a choice you're making from what sounds
| like more religious reasons. Your company and your choice
| but it's not hard to employ TNs in a startup (and I know
| because I had TN status with two startups so I'm a little
| ahead of "brief reading of reddit posts").
|
| TN status can also be applied for in advance by the way,
| doesn't have to be at the border. This wasn't an option
| when I had TN status but now it is.
| xp84 wrote:
| While I was only speaking in hypotheticals about
| companies that only want to hire people who have legal
| status (no one has asked us to help them get TN status),
| I'd rather do zero paperwork by hiring people with
| existing status, than (allegedly) "not hard" work to
| support TN hopefuls, especially given the US government
| is liable these days to randomly change things around and
| cause chaos - especially in areas likely to score
| political points like immigration. POTUS could declare
| tomorrow that every TN (in a certain industry? state?
| whatever) has to go home in 10 days.
|
| My attitude would certainly change though, if/when we
| can't find skilled people with existing work
| authorization, or if I had an incredibly strong personal
| referral.
| hn_throwaway_99 wrote:
| The US State Department literally calls it a visa, I'd
| trust them before I trust random Internet commenters:
| https://travel.state.gov/content/travel/en/us-
| visas/employme...
| junar wrote:
| Well, if you read through your link, you'll understand
| what parent comment is talking about.
|
| > Requirements for Canadian Citizens
|
| > A visa is not required for a Canadian citizen entering
| the United States as a USMCA Professional, although a
| visa can be issued to a qualified Canadian TN visa
| applicant upon application at a U.S. embassy or
| consulate.
|
| > A Canadian citizen can apply for TN nonimmigrant status
| at a U.S. port-of-entry. Learn about these requirements
| on the U.S. Customs and Border Protection (CBP) and U.S.
| Citizenship and Immigration Services (USCIS) websites.
| More information about receiving TN status without
| applying for a visa is also available on the U.S. Embassy
| Ottawa website.
| YZF wrote:
| I edited my reply because it is sometimes referred to as
| both. But hey, can't rob you of the joy of correcting
| someone on the Internet.
|
| https://www.uscis.gov/working-in-the-united-
| states/temporary...
|
| "If you are a Canadian citizen, then you are not required
| to apply for a TN visa at a U.S. consulate.
|
| You may establish eligibility for TN classification at
| the time you seek admission to the United States by
| presenting required documentation to a U.S. Customs and
| Border Protection (CBP) officer at certain CBP-designated
| U.S. ports of entry or at a designated pre-clearance/pre-
| flight inspection station. You must provide the following
| documentation to the CBP officer:"
|
| "You may be eligible for TN nonimmigrant status, if:
| You are a citizen of Canada or Mexico; Your
| profession qualifies under the regulations; The
| position in the United States requires a NAFTA
| professional; You have a prearranged full-time or
| part-time job with a U.S. employer (but not self-
| employment - see documentation required below); and
| You have the qualifications to practice in the profession
| in question."
|
| "If a CBP officer finds you eligible for admission, you
| will be admitted as a TN nonimmigrant. "
|
| The main point is this has none of the process usually
| related to "visas" and even if that term is sometimes
| used along with "TN status" it's its own special thing.
| Canadians don't need a Visa to visit the US and I am not
| a lawyer. Mexicans might be in a slightly different
| situation. Either way, the proper legal answer has no
| influence whatsoever on the points being made.
| jsbg wrote:
| > Answering "Yes" to 1 when you don't have a green card or US
| citizenship would be a way to guarantee that I would rescind
| your offer and make a mental note to never trust you.
|
| I wouldn't trust you either. The question is ambiguous when
| it comes to NAFTA and applicants are worried about being
| filtered out despite not needing visa sponsorship. TN is not
| a visa it's a status based on a free trade agreement.
| hn_throwaway_99 wrote:
| Ugh, arguing over the simple meaning of factual statements
| on the Internet is my biggest pet peeve. If you don't have
| an appropriate work visa, permanent residency or
| citizenship, and you answer yes to the question of "Are you
| legally authorized to work in the US", you are just a liar,
| plain and simple.
| jsbg wrote:
| > If you don't have an appropriate work visa, permanent
| residency or citizenship
|
| Well, TN is none of those, and here I am authorized to
| work legally. If I apply for another job elsewhere, the
| honest answer to this question is yes, despite the fact
| that I will be required to get a new TN.
| hn_throwaway_99 wrote:
| Why do you think the TN is not a work visa? The US State
| Department website literally refers to it as "the TN
| visa", https://travel.state.gov/content/travel/en/us-
| visas/employme... :
|
| > The nonimmigrant USMCA Professional (TN) visa allows
| eligible citizens of Canada and Mexico to work in the
| United States as USMCA professionals in prearranged
| professional level business activities for U.S. or
| foreign employers.
| rhines wrote:
| When I looked at working in America several years ago,
| many people I spoke to and people commenting about it on
| Reddit/HN/Blind emphasized that it's TN status, not TN
| visa. They even suggested that calling it a visa when
| trying to enter the US could get your application
| rejected. I'm not sure if things have changed since then
| but if so there's probably lots of people who heard that
| same advice in the past and haven't learned the updated
| info.
| pandaman wrote:
| Visa and status are different things and exist
| simultaneously. A visa is used to cross the border, a
| status is what enables one to be in the country. Many
| people on H1B don't have a physical H1B visa either as
| they have "adjusted status" from some other status to H1B
| without leaving the country and hence cannot possibly
| have a visa, which can only be issued in a US consulate,
| which don't exist in the US per se.
| jgilias wrote:
| If those are remote positions, why do you care about any of
| this at all? Make it clear that the applicant needs to handle
| taxation in their home country themselves, and that's that. I
| know many software engineers working remotely for companies
| outside their home country. One would typically set up an LLC
| or equivalent, and be employed by that.
|
| Any options agreement would be with the private individual to
| not mess up the cap table.
| bcoates wrote:
| Wow, you're real proud of not understanding what a TN visa is
| or how to do the most basic of HR functions.
|
| You're doing anyone you don't give a job a favor.
| focusgroup0 wrote:
| Have a friend who quit his job and overstayed his TN visa during
| The Pandemic. After going back to Canada for visiting family, his
| next visit to the US was denied at CBP, and he was given a 10
| year entry ban with option to appeal at a facility across the
| river from Buffalo, NY. What are his options? Is this situation
| fixable with a new work visa?
| proberts wrote:
| A work visa/status won't help. He has to deal with the overstay
| issue first, which he should be able to fix since presumably
| his overstay happened because he was unable to travel/depart
| before his status expired.
| focusgroup0 wrote:
| thank you good sir, much appreciated
| 999900000999 wrote:
| Are you seeing a downturn in people trying to come here for work.
| It's a shame, but I don't think any rational person should try to
| come here to study or work right now.
|
| Gone are the days of attending a community college and dating
| girls from Korea and Japan.
|
| And I can't blame anyone for not wasting to be destined
| indefinitely for trivial reasons.
|
| https://www.theguardian.com/us-news/2025/apr/05/i-was-a-brit...
| happyopossum wrote:
| Your comment is about coming for work or study, yet you linked
| to a story of someone who clearly abused/misused a tourist visa
| and got caught. It was an egregious enough offense that the
| Canadian immigration officials wouldn't even let her enter
| Canada under the same pretense, which is what eventually led to
| her arrest.
| 999900000999 wrote:
| She literally came to coach surf and house sit.
|
| The woman is effectively a British nanny who did chores for
| friends. She doesn't look like a threat to anyone.
|
| Maybe your afraid of British nannies baking pies and changing
| litter boxes, I'm not.
|
| Anyway, the proper solution at most is a life time ban and
| the first flight home.Not indefinite detention.
|
| To be burnt, this is a white woman who natively speaks
| English. If she's having a hard time, it doesn't bold well
| for anyone else.
|
| Numerous other examples exist, in most of these cases people
| either didn't do anything wrong or it's something that could
| have been rectified with a quick flight home.
|
| https://www.nytimes.com/2025/03/13/world/europe/german-
| touri...
|
| Come to America, spend your money. And if you watch a
| friend's pets for a few days expect some good ole indefinite
| detention!
| returningfory2 wrote:
| The German person you link to was attempting to enter the
| US to work as a tattoo artist which is not allowed under
| tourist visa programs. I actually think the law should be
| more flexible and this kind of casual work should be
| allowed. However the law as it currently stands doesn't
| allow it and they were "correctly" denied entry.
|
| The reason this person wasn't put on a "quick flight home"
| is because they (along with the British person) were
| detained at a land port of entry so there's no option to
| send them straight back.
|
| In general, I think two things are simultaneously true. One
| is that Trump is cracking down on immigration. The second
| is that the media are suddenly reporting on a lot of cases
| -- like the German and British women -- that aren't
| actually new but were happening under Biden. It's just now
| the media has an angle and narrative such that these cases
| are deemed report worthy.
| 999900000999 wrote:
| These are at most trivial civil matters.
|
| The net effect is your talking about putting non
| criminals in detention facilities rife with human rights
| violations.
|
| As a hypothetical, if you can visit two countries and one
| offers the risk of indefinite detainment , which is
| roughly dependent on how behind the customs officials are
| on their quotas. Or another country that at most will
| just send you home, I think most will pick the country
| that just sends people home.
| returningfory2 wrote:
| What process would you design for handling people who are
| denied entry at a land port of entry?
| 999900000999 wrote:
| They can figure out a way to get people to Venezuela
| faster than due process, they can figure out a way to get
| a British nanny back to London without detaining her
| indefinitely.
|
| They could of had her home within 48 hours.
| iply wrote:
| How hard is it to get approval for an o1 visa with no bachelors
| degree?
| lukaszkorecki wrote:
| It's doable but you need a lot, and I mean a lot of
| documentation proving that you are indeed an alien with
| extraordinary ability. Any press mentions of you and your
| company, articles, proof that you're working with known
| companies in the US and more evidence like that will increase
| your chance.
|
| In fact I worked with Peter on obtaining an O1 while not having
| a degree, I was a CTO of a startup, moving from the UK.
| proberts wrote:
| Education is irrelevant. A PhD in and of itself doesn't help
| but it usually means that the individual has published, engaged
| in original research/work, etc. but someone can have published,
| engaged in original research/work, etc. without a PhD or any
| degree. So it's about what the individual has done, not his or
| her education. That being said, there's no question that
| USCIS's view of an O-1 petition is colored by the applicant's
| education and there's sort of a presumption that someone with a
| PhD qualifies for an O-1.
| shekispeaks wrote:
| Hi peter, do you use any legal specific ai software ? Do you use
| ChatGPT in your work?
| proberts wrote:
| We're starting to test the use AI to help us prepare initial
| drafts of documents.
| dharmspeakz wrote:
| Hi Peter,
|
| My I-140 was approved in June 2013 under the EB2 category (H1B).
| I later downgraded to EB3 and filed my I-485 when my priority
| date became current back in 2021. I received my EAD in 2022 and
| have been working on EAD since then.
|
| According to the current visa bulletin, my priority date is
| expected to become current soon. However, I have a couple of
| concerns:
|
| The job title I had when I filed the I-485 is different from my
| current role.
|
| I have also changed employers since then.
|
| I understand that I may need to submit a new I-485J.
|
| Given that I was promoted and my current title is significantly
| different from the one in my original petition, could this pose
| any challenges to my I-485 application?
| proberts wrote:
| Yes, you and your current employer need to file an I-485J if
| proceeding based on the approved EB3 petition but whether you
| will have an issue because of the change in positions will need
| to be analyzed (although you probably are fine). Does your
| employer have an immigration attorney because this is something
| that he or she should analyze?
| dharmspeakz wrote:
| Yes, my employer does have an immigration attorney. I applied
| 485 as a Programmer Analyst. But now I work as a Director,
| Applications with a more diverse application suite than what
| I originally worked on. The labor and wage and roles/
| responsibilities will not create any problems ?
| proberts wrote:
| Probably not but I can't advise because I don't have all
| the paperwork in front of me. The company's immigration
| attorney should be able to advise.
| niyazpk wrote:
| Hi Peter!
|
| Given YC asks founders to apply for a batch just a few weeks (or
| months) before each batch starts, I am wondering if you run into
| issues with timing. Do you see issues with visa delays etc, that
| can cause founders to miss their batch?
| proberts wrote:
| Most consulates are willing to schedule expedited appointments
| for YC founders but still if you are an applicant for an
| accelerator and don't have a B-1 visa and are not from a visa
| waiver/ESTA country, then at a minimum, you should book a visa
| application appointment now.
| iama_temp_97 wrote:
| I have a US passport and am a naturalized US citizen however due
| to some sort of clerical error my passport says I was born here
| (even though you have to staple your immigration cert to the
| passport application). I never even noticed it until I'd been in
| and out of the country a few times, my passport is about to
| expire and I'm worried about having trouble trying to get it
| fixed, what course of action should I take, I'd really like to
| have a valid US passport.
| proberts wrote:
| There's a procedure for fixing such a data error and you should
| be fine since you are a naturalized U.S. citizen:
| https://travel.state.gov/content/travel/en/passports/have-pa...
| throwe3away wrote:
| Thanks for doing this Peter. Quick question.
|
| I'm in the US using E-3 visa since July 2024, working as a
| software engineer for a smallish non-faang company. I am fully
| remote in the Bay area and there is no office, but technically
| the company is based in NYC. New hiring for SWEs is outside the
| US. There haven't been layoffs in the last 12 months and it
| doesn't seem like there will be.
|
| What is the best way for me to pursue a green card? I am aware
| that E-3 is not the ideal path, but is workable with some risks.
| My main concern is the state of the SWE market, with so many
| candidates looking for work.
|
| I expect that any labour market test will fail as there will be
| suitable US candidates that appear. Is there any way to navigate
| this situation? What are the chances of success in this market?
| Would joining a big-tech company help?
| proberts wrote:
| Broadly, an E-3 visa holder can pursue a green card and we
| sponsor a lot but there are potential issues, most notably,
| when seeking to renew an E-3 visa while in the green card
| process. Alternatives to the PERM (labor market test) based
| green process are the national interest waiver and
| extraordinary ability paths, which are not tied to a specific
| job/employer but require a high level of achievement.
| jmyeet wrote:
| Not a lawyer but I went through exactly this route back in
| the Obama administration so it may have changed. But even
| then there were questions about whether you could file an
| I-485 while on what was technically a nonimmigrant intent
| temporary visa (this includes E3 and TN). There were a lot of
| people who said it wasn't possible. Those people were wrong.
|
| Here's how I approached it: when my PERM was approved, I
| immediately went and renewed my E#. This required a trip out
| of the country. I went back to Australia. My employer was
| amenable. This was to avoid being out of status or needing a
| renewal when my I-485 was pending.
|
| One thing to note is that the application for the E-3 doesn't
| ask you "do you intend to immigrate?". It asks "Have you
| filed an I-485?" and at that point I could truthfully answer
| no because I hadn't.
|
| I arrived back in the US and almost immediately filed the
| I-140 and I-485 concurrently.and applied for EAD and Advanced
| Parole. Those arrived within a few months.
|
| The only wart was USCIS asked me to file an extra form giving
| up my diplomatic rights because other E visas are for
| diplomats. My lawyer said this really wasn't necessary but
| the best path was simply to give it to them. I think I got my
| green card after 8 months.
| throwe3away wrote:
| Thanks Peter. I'm very unremarkable as a software engineer,
| no publications or anything like that either. It's unlikely I
| would qualify for NIW or O-1.
|
| You seem to agree that PERM would be problematic in these
| times? Maybe you are seeing failures too? My thinking is that
| I don't want to try to persuade my employer to start the
| sponsorship process but then fail the market test
| (potentially repeatedly). Some SWEs are being successful in
| this though, so I'm wondering if it's also down to having a
| good law firm handle the process.
| juenfift wrote:
| Hello! I do have concerns relating to the U.S. so I will put my
| questions out there.
|
| I know somebody who is a U.S. citizen, however they are
| originally from Peru. They have official citizenship meaning they
| went through the whole process and gotten those documents.
|
| Are they at risk of losing their citizenship and being deported
| with the current administration standing on immigration?
|
| And a separate question _(You don 't have to answer this, but I
| will ask it however)_
|
| Is this anything I can do about this? I'm not willing to see
| myself worse off in 4 years after this situation.
|
| And I want to do something about it, I'm aware you are just an
| attorney; but I haven't been able to find an answer nor think of
| an answer to what I could do; but I really want to do something
| about this, so what could I do?
|
| However, thanks again for doing this AMA.
| theyknowitsxmas wrote:
| What do you think about Nexus... Do you think Nexus holders enjoy
| the best of both worlds, less hassle at the border, 2
| citizenships for 1 type of thing (but not really) as long as you
| don't have criminal charges?
| proberts wrote:
| Yes, I think that Nexus is great.
| Detrytus wrote:
| Hi Peter, I was checking my I-94 recently, and noticed that my
| travel history is missing one trip, an arrival. Basically, it
| lists two departures in row, couple months apart. Does it matter?
| and is there any way to fix it?
| proberts wrote:
| It doesn't matter unless it matters, which it doesn't appear
| to; the issue in an I-94 history is when a timely departure
| isn't recorded, not an arrival. There's also no effective way
| to fix this error.
| juenfift wrote:
| Hello! I do have concerns relating to the U.S. so I will put my
| questions out there. I know somebody who is a U.S. citizen,
| however they are originally from Peru. They have official
| citizenship meaning they went through the whole process and
| gotten those documents.
|
| Are they at risk of losing their citizenship and being deported
| with the current administration's standing on immigration?
| robomartin wrote:
| > Are they at risk of losing their citizenship and being
| deported with the current administration's standing on
| immigration?
|
| No, they are not. I know this kind of thing is being circulated
| in social and traditional media. It is pure fear mongering and
| completely disconnected from reality. Stop listening to idiots
| trying to create FUD.
| proberts wrote:
| Really not at risk at all.
| Zenbit_UX wrote:
| When it comes to Canadians working in the US on a TN, are we
| allowed to accept promotions (title, comp or both) without going
| through reapproval of our visa? Are there any nuances here like
| caps on how high a salary increase could be before needing a
| reassessment? Maybe increases in equity don't count?
|
| Also if the reassessment is denied does your original visa still
| remain valid or are you risking it all for the promotion?
| YZF wrote:
| IANAL but I had TN status. AFAIK there is no issue as long as
| your profession didn't change.
| proberts wrote:
| There's a lot more flexibility in the TN context than in the
| H-1B context so generally it's not an issue to get an inline
| promotion as long as the core job duties remain the same as or
| similar to the job duties in the initial application.
| jeffbee wrote:
| As a practitioner do you feel that it was a waste of time to have
| studied the law? As you say, it is "rapidly changing", meaning
| the jurisprudence may not have been as majestic as students were
| led to believe.
| proberts wrote:
| The main thing you learn in law school is not the substantive
| law but how to analyze facts and issues and to understand the
| law and its application to specific facts.
| rathboma wrote:
| Thanks for doing an AMA!
|
| Should folks on H1B visas who have an ongoing green card
| application via PERM be concerned at all?
|
| Would you advise not traveling until the i-495 is filed?
| proberts wrote:
| No, they still should travel. But they should consult with
| their company's immigration lawyer regarding the documents they
| should carry when they travel.
| mrb wrote:
| Did you observe a drop in H1B visa applications since the 2024
| presidential election?
| proberts wrote:
| From my limited perspective, No although I have clients who
| have decided not to open operations in the U.S. and/or transfer
| employees to the U.S. because of the political situation.
| horns4lyfe wrote:
| Is opening operations in the US and hiring Americans such a
| terrible thing?
| RomanPushkin wrote:
| Can you clarify the current status of the U4U program? Is it
| limited to TPS only, or are there other pathways available? Also,
| what do you think the government's broader intentions are with
| U4U?
| CaveTech wrote:
| Are there any difficulties in obtaining TN Visas related to the
| stage of the sponsor company?
|
| More specifically, is it feasible for a Canadian operating
| startup to open a US entity and employ Canadian engineers under
| the TN Visa category? This would be an early stage non-VC backed
| company, but profitable and paying above prevailing market wage.
| proberts wrote:
| Yes, what you propose is very doable.
| trod1234 wrote:
| Hi Peter, thanks for doing these AMA's.
|
| There has been so much in the news recently, both on immigration,
| birthright citizenship, potential suspension of habeas corpus,
| lack of due process, the effective setup of stateless regions (El
| Salvador), and other aspects that all boil down to a question
| that seems to be on a number of people's minds and centered on a
| single question.
|
| While this is more of a generic question, it'd be nice to hear
| from an actual attorney that's practiced law.
|
| When we speak of a 'rule of law', and its benefits to society,
| its generally understood from Civic's classes we all had to take,
| that there are components that must be met, which are not met
| under a 'rule by law'; the latter which is more generally
| understood to be common to totalitarian regimes where they do
| what they want with the tacit approval of kangaroo courts,
| usually with some sort of reference to Lavrentia Beria's infamous
| quote, "Show me the person I'll show you the crime".
|
| While there is some debate on the specific components of a 'rule
| of law', they almost all require: Independent Objective
| Judiciary, Equality under the Law, Access to Justice, Fundamental
| Rights, and Transparency (if I'm remembering my civic's
| correctly).
|
| The primary purpose and benefit to society of such being non-
| violent conflict resolution.
|
| In many respects, in the past few decades, Judicial activism
| seems to have broken the first, Access to bring an action now
| requires access to a lawyer which in many cases is a retainer of
| an amount that exceeds the average person's yearly salary
| (unspent), Transparency seems to have largely vanished behind
| paywalls, bad laws, and contradictory readings.
|
| The last remaining two are equality under the law, and
| fundamental rights which are directly tied to those other
| properties, and have been degraded by corporations in their legal
| actions and lobbying as a whole over time. The remaining
| components seem in dire jeopardy with stateless regions, which
| the court doesn't seem capable of addressing (given the other
| failures that have occurred over the past 20 years that remain
| broken).
|
| I hear all the time that we have a country that has a rule of
| law, but that isn't what the average person is seeing when they
| look at these things objectively.
|
| Just so you know, I've reached out to numerous attorney's for
| various contract issues over the years, the most recent related
| to professional certification where the company clearly failed in
| their obligations, but they also apparently have received broad
| indemnification via their government contracts. I mention this,
| so the perception is not just based on a trusted news initiatives
| media alone, but also backed by my own conversations seeking
| services that came from my state BARs referral service.
|
| Is there something wrong with my understanding here? Do we
| actually still live in a rule of law? If my understanding is
| right, it doesn't seem like we do anymore.
| proberts wrote:
| These are trying times and I think the proof will be in the
| pudding, whether courts at the appellate level, including the
| Supreme Court, push back against totalitarianism and uphold the
| law. That's an open question. And then of course, the executive
| branch has to abide by the decisions of the courts, which also
| is an open question.
| trod1234 wrote:
| Thanks again for the response and listening.
|
| I'll pray that we do somehow manage to push back against
| totalitarianism as a society.
| ummonk wrote:
| Do you have any insights into how processing times are going to
| be going forward for legal immigration? USCIS is self-funded but
| hearing talk that the government seems to want to engage in their
| cost trimming layoffs anyway?
| proberts wrote:
| No real insights other than that the slow-down that was feared
| hasn't materialized.
| WaxProlix wrote:
| Appreciate the AMA. I'm curious about options for transitioning
| employees from the temporary (and now at-risk) Uniting for
| Ukraine parole status to something more stable and long term.
|
| Is H1B lottery just going to be a Ukrainian's best bet? A lot of
| the advice and documentation seems contradictory, as 'parole'
| seems in some ways to be more a _lack_ of status than a status
| itself. Leave the country and apply for some other type of more
| permanent work visa?
| proberts wrote:
| The task is to find another type of work visa, which would
| require departure at some point but this could be to countries
| other than Ukraine. For most Ukrainians, the visa options are
| going to limited to the regular H-1B, the cap-exempt H-1B, and
| the O-1.
| qwezxcrty wrote:
| For a foreigner living outside of the US but interested in
| immigrating to the US in the longer term. Is it possible file the
| I-140, and while the application is being processed (or waiting
| for the priority date) apply for another nonimmigrant visa (B, F
| or J) for short term visit? Is it likely the application will be
| denied because of the "immigration intent" after filing the
| I-140?
| proberts wrote:
| Yes, there is a good chance that the applicant would have an
| issue getting a non-dual intent visa, such as a B, F, or J
| visa.
| throwaway5752 wrote:
| If you could make any 3 changes - unilaterally and instantly with
| no consequences - to US immigration policy today, what would they
| be?
| proberts wrote:
| Add thousands of immigration judges and CBP officers to improve
| the asylum process and improve the conditions of those going
| through the process, particularly children, do away with H-1B
| quotas, and do away with green card quotas and change to a
| point-based green card system.
| throwaway5752 wrote:
| Thank you very much for replying and making yourself
| available for the AMA.
| anothereng wrote:
| I won the DV lottery do you know of any companies that are
| willing to hire remotely and then help with relocation to the
| USA?
| proberts wrote:
| I don't have a list, unfortunately (and further I wouldn't be
| able to disclose names because of client confidentiality
| requirements).
| anothereng wrote:
| I understand, thank you for answering
| hdivider wrote:
| Are marriage-based green card applications still being processed
| at some pace when the petitioner's spouse is also a green card
| holder? I hear these days this category is ultra slow with no
| option to expedite.
| proberts wrote:
| There are backlogs in this category so the process is slow but
| once the sponsoring green card spouse becomes a U.S. citizen,
| the process is fast.
| ed153 wrote:
| I'm looking to sponsor a family member (brother) to immigrate to
| the USA, have been told sibling sponsorship takes too long.
|
| What is the minimum credible investment one is likly to need in
| order to apply for an E2 investment visa? What are the most
| common types of investments the USA government will find credible
| for approval?
| proberts wrote:
| That's correct, it could take at least 10 years through sibling
| sponsorship. The E-2 visa isn't available to everyone, it
| depends on the individual's country of citizenship, but if it
| was available to him, then an investment of $100k could be
| enough. But definitely consult with an immigration attorney
| because there are a number of requirements for the E-2 visa.
| reposefulcats wrote:
| Hi Peter, I am a naturalized US citizen (via employment sponsored
| H1B to Green Card route). Prior to obtaining my citizenship I
| held an F1 visa to complete my PhD, and may have overstayed in
| the US at the end of my studies (I am not sure, this was 15+
| years ago). This was never raised as an issue when I applied for
| my H1B, Green Card or citizenship, but is it something that could
| become an issue for me now if I travel as a US citizen and
| attempt to return to the US? Is there anything I can do
| proactively to address this if it is likely to be a problem?
| Thank you.
| proberts wrote:
| Almost certainly, even if you did overstay, it's not an issue
| but for peace of mind, you should speak with an attorney
| because it sounds like you didn't overstay in a way that would
| have impacted your H-1B, green card, or citizenship
| applications. (F-1 students are admitted until D/S - duration
| of status - so they almost never considered overstays.)
| argo_cve wrote:
| Hi Peter. I am a Lead Computer Vision Engineer, working remotely
| at Veryfi (YC 17). I am a citizen of Russia, living in Armenia
| for last 3 years.
|
| We applied to O1 visa, got approval from the USCIS, then got visa
| stamps and at the day of my flight visas were revoked. Embassy
| said to reapply - I did and now it's been 11 months of
| Administrative processing (as they said in the DoS).
|
| My employer tried writing to the Congressman's office couple
| times, but every time Embassy answers ~"please wait, no
| timelines". I also filed a DHS Trip complaint and received this
| statement: "We have made any corrections to records that our
| inquiries determined were necessary, including, as appropriate,
| notations that may assist in avoiding incidents of
| misidentification".
|
| With everything above, we were not able to get any meaningful
| timelines or figure what's going on. Is there anything we can do
| to make movement in my case? It's hard to plan your life living
| like this, so it is very important for me. Thanks!
| waggle_dame00 wrote:
| 1) My son who turned 14 this year is a gc holder. Does he need to
| go for the biometrics to register. I am asking this question,
| since the government page talks about visa only. 2) One of my
| relatives went out country has valid green card and overstayed
| beyond 6 months and he was able to come back fortunately.
| However, he is skeptical to visit out of country now due to his
| previous overstay. Do you think he can visit ? He has valid gc.
| johnxie wrote:
| For O-1s filed by startups, what are the most common weak points
| USCIS flags now? Are you seeing more RFEs around equity or
| funding documentation?
| proberts wrote:
| For the most part, O-1 filings for the founders or employees of
| startups are no more difficult than the O-1 filings for
| employees of established/large companies; the main issue is
| "distinguished reputation" (a component of one of the O-1
| criteria), which can be harder for startups to show.
| onepremise wrote:
| Hey Peter, what are your thoughts on networks states and the
| methods tech CEOS and VCs are using to push the working class
| towards Techno feudalism? Do you think Peter Thiel using Palantir
| to mine US tax payers information, to help drive and target
| innocent civilians towards their vision, is legal? Should the
| constitution exist or do we need to be conquered and lead by
| monarchies? Most importantly, do you believe the supreme court
| should exist to serve its purpose in our system of checks and
| balances?
| briandear wrote:
| I'm sorry, I have no idea what you're going on about. Help me
| understand how this pertains to immigration.
| onepremise wrote:
| Certainly :) Immigration is actually directly related to how
| CEOs and VC intend to change the landscape for all things
| government related, and democracy as a whole. There is very
| much a subjective intent to tear down the rule of law, the
| rights that safeguard Americans as a whole, starting with
| immigration. IT's an entry point, a target to whittle away
| basic rights of the average American. Peter Thiel touches on
| this need for a tech revolution in his paper "The Straussian
| Moment", https://www.hoover.org/research/peter-thiel-
| straussian-momen..., who also funded JD Vance's rise to VP.
| These guys love the concepts written in Sirrivassan's book
| "the Network State", and want to replace our current
| government with distributed monarchies. Sirrivassan, Thiel,
| Andresen, and Curtis Yarvin actually have a documented plan
| to achieve this which is being executed, to a "T", which
| involves attacking immigration, not just as a distraction so
| they can attack the courts directly, but also cause it's part
| of their vision. Curtis Yarvin's writings include pointed
| attacks on immigration, both as a policy and as a reflection
| of deeper systemic problems. He uses immigration as an
| example to argue for the failure of democracy and to advocate
| for his preferred model of authoritarian governance. He also
| frames immigration debates as distractions from what he sees
| as the real issues-namely, the incompetence and self-serving
| nature of current elites and institutions.
| spiff2025 wrote:
| Hello Mr Roberts What happens if a positive asylum is not granted
| with a USCIS agent and the NOID is issued? Which could be the
| scenarios and also what happens if the appointment is before the
| 150 days. Thanks
| redbell wrote:
| All past Peter's AMA discussions:
|
| https://hn.algolia.com/?query=I%27m%20Peter%20Roberts%2C%20i...
| aesbetic wrote:
| Should I apply for an H1B or an O1 visa if the end goal is to
| self-petition an EB-1A green card application?
| proberts wrote:
| Doesn't matter since the EB1A requires a separate assessment
| that is not tied to the underlying status. But between the two,
| because of the inability to travel on an O-1 visa while in the
| last stage of the green card process, the H-1B is slightly
| better.
| aesbetic wrote:
| Thank you for responding so quickly.
|
| I asked this question in the first place because I heard/read
| that an EB1A application is a little more likely to be
| accepted if you already possess an O-1 visa. The reasoning
| behind this being the similarity in the eligibility
| requirements for the O-1 and EB1A applications make them more
| "compatible".
|
| What do you think of this?
| proberts wrote:
| Good afternoon. I am taking a break now and will return later
| this afternoon/evening to respond to any comments and answer any
| questions. Thank you everyone for a great and engaged AMA so far.
| thisisauser123 wrote:
| I'm a US Citizen who married a citizen of New Zealand, we met
| while she was a international student studying CS at the school I
| was studying at. Since graduating, we moved back to New Zealand.
|
| Over a year ago we filed a for I-130 to move towards her getting
| a Green Card and being able to live with me in the US.
|
| Right now the USCIS website estimates that it will be another 20
| months until our form is processed. This seems like an absurd
| amount of time? I've tried reaching out to the White House, who
| passed my case onto USCIS, who told me to pound sand, and to my
| congressional representatives, who told me they would "look into
| it".
|
| Is there anything I can do to move this process along?
| dgrcode wrote:
| My wife recently got her O1 visa approved and I'll be getting an
| O3 as dependent. I currently have an app that I'm actively
| developing that generates $50-$100 per month. I might be able to
| stop development, but at the very least would need to support the
| customers. I also have some product ideas I'd like to build and
| potentially monetize.
|
| What are my options?
| juancroldan wrote:
| As an Spanish national and resident, can I found my company in
| the US without having any employee there? Would I be able to hire
| myself with a method other than Deel/Remote/others?
| deep_thinker26 wrote:
| How AI ( LLMs, Agents ) can help you?
| OnionBlender wrote:
| Have people gotten into trouble for having a nearly empty phone
| when they get searched? Like using a burner phone or doing a
| factory reset prior to the trip. I've wondered if that would be
| considered suspecious.
| werrett wrote:
| At least one person has been subject to secondary screening and
| ultimately denied entry on the accusation that they had two
| phones.
|
| > I thought I was just going to be given my passport and sent
| on my way, or maybe asked a couple of questions, but they made
| some pretty outlandish accusations. They said, 'We know you
| have two mobile phones. We've been tracking your calls. We know
| you've been selling drugs'.
|
| https://www.theguardian.com/us-news/2025/apr/11/australian-w...
| bogzz wrote:
| Thank you so much for this AMA.
|
| If I am on STEM OPT and my F1 visa has expired, what are my
| chances of renewing my F1 visa if I visit home in Serbia and want
| to return to USA to work in person?
| hdivider wrote:
| Are you seeing any changes in the difficulty of the EB1A, or is
| it about the same as in the previous administration?
| kreeWall wrote:
| Hi Peter, thank you so much for doing this AMA! I'm currently
| trying to decide whether to appeal an EB1A decision - they agreed
| to meeting "plain language" for 3 criteria, but denied the
| application on final merit.
|
| What kind of considerations would you advise your clients to
| think of when making this decision?
| Izikiel43 wrote:
| Any ideas how Eb3 final action date will move in the future? I
| noticed that for 2023 onwards more than 80k perms were approved.
| burnt-resistor wrote:
| Hallo Peter! Thanks for putting yourself out here.
|
| You gotta look up another immigration attorney in the Valley,
| Rajat Kuver. He's a super cool guy and has for years done work on
| complex commercial and family immigration cases.
|
| Good luck to all your endeavors and happy weekend.
| dbg31415 wrote:
| With widespread layoffs in the tech industry, it's worth asking
| what role is immigration really playing in meeting labor market
| needs? Are there truly skill shortages in the U.S.?
|
| Many argue that programs like H-1B are less about addressing
| talent gaps and more about cutting labor costs. What's your take?
|
| In its current form, does the program actually protect the
| interests of the domestic workforce? Is it filling a legitimate
| labor need that can't be met internally - or is it primarily
| structured to benefit investors looking to inflate stock prices?
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