[HN Gopher] I'm Peter Roberts, immigration attorney who does wor...
___________________________________________________________________
I'm Peter Roberts, immigration attorney who does work for YC and
startups. AMA
As usual, there are countless immigration topics and I'll be guided
by whatever you're concerned with. Please remember that I can't
provide legal advice on specific cases for obvious liability
reasons because I won't have access to all the facts. Please stick
to a factual discussion in your questions and comments and I'll do
the same in my answers! Previous threads we've done:
https://news.ycombinator.com/submitted?id=proberts.
Author : proberts
Score : 149 points
Date : 2025-12-05 16:04 UTC (6 hours ago)
| constructive wrote:
| Hi Peter, thanks for doing the AMA! I have a Delaware registered
| LLC (10 years old), I managed to get even an EIN remotely.
| However, I can't open a bank account remotely and so I have just
| been paying the registered agent fees and Delaware gov taxes for
| the LLC all these years. I however, genuinely want to come to the
| states to open the bank account and actually expand my business
| into the US. The LLC hasn't really had any annual meetings/etc.
| but taxes are always paid on time. How do I use my LLC to apply
| for a B1/B2 to visit the US?
|
| OR should I just close it and try the normal route? Thanks in
| advance!
| gsck wrote:
| My understanding of the B-1 visa is all you really need is a
| letter of employment. Might get tricky with you providing the
| letter of employment to yourself however.
| dennis16384 wrote:
| But you _can_ open a bank account remotely for a DE LLC. Both
| Wise and Mercury supported this for years.
| proberts wrote:
| It's going to be difficult to answer this in this forum because
| really what you are asking is how can you get a B-1/B-2 visa
| because the existence of a non-operating LLC really has no
| bearing on that question.
| vecter wrote:
| Thanks for the AMA Peter!
|
| What impacts are you seeing as a result of the $100K H-1B fee
| which took effect on 9/21/25?
| proberts wrote:
| In the end, it's largely put a stop to H-1B sponsorship of
| workers outside the U.S. That doesn't mean that all these
| workers can't get visas to work in the U.S. but other - tougher
| visas - have to be explored.
| devty wrote:
| Thanks for having another round?
|
| In your view, who are the winners and losers of the recent H1B
| changes? And any changes on your perspective for YC harboring
| international talent in SF Bay Area?
| proberts wrote:
| In the end, the new requirements - really, just the $100K
| payment for now - are manageable/avoidable and absent this
| requirement, the rules and their application haven't really
| changed. The bigger change, which hasn't happened yet, is the
| across-the-board increase in prevailing wages. And this will
| have a profound effect on H-1B employment since the increases
| will be significant.
| gsck wrote:
| I have recently taken a job with an American based company and
| will need to complete a few weeks training in Miami. Based on the
| information they have given me I need a B1 visa and maybe an ESTA
| since I'm in the UK, and a C-1/D for moving through the US.
|
| However they keep flip flopping between me needing a B1 and me
| just using my ESTA for the training, and their communication
| hasn't been the most straight forward. Which visa do I need to
| get to enter the US for the training?
| proberts wrote:
| Whether you present a B-1 visa or ESTA for admission, you will
| be seeking admission as a business visitor. Under these
| circumstances, my advice is almost always not to risk a denial
| of a B-1 visa application (which happens all the time) and to
| travel on ESTA. The only relative downside is that ESTA limits
| admission to 90 days. But of course run this all by the
| company's immigration counsel.
| saradhi wrote:
| Could you please help with any insights about the social media
| vetting rules? This has been a blackbox to the visa applications
| - started with student visas, now being forced on work visas too
| from Dec 15th.
| proberts wrote:
| That's right, both before US Consulates when applying for
| visas, before CBP when applying for admission, and before USCIS
| when applying for a benefit (H-1B, O-1, green card, etc.),
| social media is being reviewed, not across-the-board but more
| and more. And there's really no option to keep social media as
| private if asked to turn to public by a Consular Officer or CBP
| Officer. The review is broad and not limited to social media
| that is critical of US policy but extends to a review of an
| individual's entire background to make sure there were no
| violations of US immigration law, including unauthorized
| employment.
| nisegami wrote:
| CBP actually made me give them my facebook password when
| entering on a J1 visa in 2017, so I'm surprised to hear so
| much talk about this. Is it more that the practice of
| checking social media is more widespread now?
| barbazoo wrote:
| If one didn't have an account with meta they just wouldn't
| get the visa then or how does it work?
|
| Does the government have any direct link to meta re what
| accounts people actually have. I'm surprised people aren't
| up in arms about this, I guess it affects mostly visitors
| and immigrants but the fact that the government needs to
| see your activity on a private company's web app is wild to
| me.
| monerozcash wrote:
| "I don't use social media" is probably a good answer, it
| just has to be true.
|
| If they ask you "well, do you use any social media?"
| You'd presumably have to answer with HN, which maybe
| doesn't sound all that great :)
| bbarnett wrote:
| HN isn't social media, any more than a bus is a car.
| monerozcash wrote:
| I don't think you want to try that argument with
| immigration officials, although it might just keep your
| incorrect answer from being straight up fraud or willful
| misrepresentation.
|
| I mean, some US govt immigration forms asking for your
| social media usernames include pastebin sites like
| "justpaste.it". See for example: https://static.feber.se/
| article_images/42/10/92/421092_1280....
|
| Knowing that, it's crystal clear HN falls strictly within
| that definition of "social media", although it might not
| be as clear if you don't know what that particular site
| is.
| trollbridge wrote:
| You could say you use Y Combinator's news comment board.
| nisegami wrote:
| Yes, it did occur to me that there would be no way to
| verify it. But it felt like it was in my best interest to
| at least provide something.
| rwmj wrote:
| I think the only bit that surprises me is they don't have a
| back door into Facebook.
| lcc wrote:
| Why waste the backdoor on routine screening?
| mpweiher wrote:
| Who says they don't?
|
| And who says that asking for your password is to gain
| entry?
| trollbridge wrote:
| I would consider it extremely likely they have some kind
| of visibility into your data at Meta via Palantir.
| quotemstr wrote:
| What are the most common reasons for failing the social media
| check?
| immibis wrote:
| Based on news, it seems like if you like Donald Trump you may
| get in. If you don't like him you don't. You may also be jailed
| for two months for not liking Trump - that's happened a few
| times and that's why tourism fell off a cliff.
| andsoitis wrote:
| > You may also be jailed for two months for not liking Trump
| - that's happened a few times
|
| Do you have a concrete example story that illustrates this?
| poki89 wrote:
| My H-1B with my current employer expires on Jan 10, 2026 and
| can't be extended because I don't have an I-140. Another startup
| plans to file my O-1A at the end of December. Can I remain in the
| U.S. while the O-1A petition is pending?
| proberts wrote:
| The regulations and long-standing USCIS policy and practice
| support remaining in valid status in the U.S. after January
| 10th as long as the O-1 petition is filed before January 10th.
| But we are hearing stories of USCIS starting to take a
| different view and treating someone in that situation as out of
| status even though the O-1 change of status petition is pending
| and was timely filed.
| miotintherain wrote:
| Hi Peter, thanks for the AMA!
|
| I work for an American company and I am based in Europe. I visit
| the US for work every now and then. I heard a lot of horror
| stories regarding border entries. If I am ever in a situation
| where the border police asks for access to my personal phone and
| pin code, what are my options? Can I refuse and what happens
| then?
| stevenwoo wrote:
| Border Patrol can wait longer than you want to wait at the
| airport, you should not bring your personal phone if you don't
| want them going through all the contents, they can hold your
| device for an inconvenient amount of time if you are an
| American citizen. If you say no and are not an American citizen
| you can be denied entry at the airport and sent home.
| monerozcash wrote:
| I think this EFF document probably provides a more
| comprehensive answer than what can be provided in a HN comment
| https://www.eff.org/files/2017/03/10/digital-privacy-border-...
|
| Peter might have good insights on whether the relevant case law
| has changed since 2017 though.
| lcc wrote:
| The only relevant part from that document is this line from
| page 33: "Foreign visitors have the fewest rights... if a
| foreign visitor refuses a border agent's demand to unlock
| their digital device, provide the device password, or provide
| social media information, and the agent responds by denying
| entry, the foreign visitor may have little legal recourse."
| proberts wrote:
| You are within your rights to say no but if you say no, almost
| certainly CBP will assume that you are hiding something and
| deny you admission.
| criddell wrote:
| Can they deny you admission when you are a US citizen?
| OptionOfT wrote:
| They can not. Neither US Citizens or Green Card Holders can
| be denied entry.
|
| Sources: https://www.aclu.org/know-your-rights/what-do-
| when-encounter...
|
| https://www.aclunc.org/our-work/know-your-rights/know-
| your-r...
| testing22321 wrote:
| A country can not deny entry to its own citizens.
|
| They can immediately arrest you, however.
| echoangle wrote:
| But not for not giving them access to your phone.
| iancmceachern wrote:
| In America, Europe, etc.
| mrguyorama wrote:
| They are not legally entitled to deny you entry.
|
| That doesn't mean they can't deny you entry. It means you
| might win a court case some day.
|
| ICE cannot legally arrest people who are citizens for no
| reason, and yet they have done exactly that 30% of the
| time by their own admission.
|
| "Knowing your rights" is meaningless if the public
| chooses to vote for people who don't care about those
| rights, and celebrate when you do not get your rights.
|
| It doesn't matter what the paper says, it matters what
| CBP feels like doing, and what their management lets them
| get away with. The constitution is just a magic circle we
| all agree to play in, and isn't real if enough people
| disregard it.
|
| If the border agent doesn't want you to come into the
| country, you are fucked. Nobody's job is to get between
| that agent and you and ensure the border agent follows
| the law on the paper, and the border agent will not go to
| jail or even lose their job for completely ignoring the
| law.
| ripplebob wrote:
| Why not just carry a burner phone or buy a blank one and
| restore it after customs from backup?
| trollbridge wrote:
| One of the latest tricks is that if you have social media
| accounts yet no social media apps or accounts are loaded on
| your phone, or your phone appears to be a burner phone,
| they'll ask you why you didn't bring your main, primary
| phone.
|
| So your "burner phone" needs to be your primary phone, which
| is something that is hard to go back in time to fix.
| hn_acc1 wrote:
| I have a few social accounts, but no apps installed on my
| primary, 2.5+ year old S21. I prefer to visit via browser
| (firefox, mostly).
| raddan wrote:
| This sounds like a rumor to me. Plenty of people (including
| me) have no social media presence (unless you count HN as
| social media). How do you know that the person on
| whatevergram with the same name is me?
| christkv wrote:
| I always traveled with a feature phone and a travel laptop with
| just work stuff on it when going to the us. Nothing personal
| like email or other stuff on me.
| sjtgraham wrote:
| How does the Supreme Court's elimination of Chevron deference
| affect USCIS's ability to narrowly interpret the EB-1A regulatory
| framework, particularly at Step 1 of the Kazarian analysis? I am
| specifically interested in two areas: (1) whether, under a strict
| textual reading of the judging the work of others criterion in 8
| C.F.R. SS 204.5(h)(3), participation in code review where the
| beneficiary evaluates and approves the technical work of others
| in the same field should qualify without USCIS applying extra
| regulatory limitations, and (2) whether USCIS can continue using
| its historically restrictive approach to comparable evidence
| under 8 C.F.R. SS 204.5(h)(4) now that courts are no longer
| required to defer to agency interpretations. I understand that
| even if these issues favor the petitioner at Step 1 they may not
| change the outcome of the final merits determination under Step
| 2, and I am trying to determine how a post Chevron, strictly
| textual approach might influence Step 1 outcomes for petitioners
| whose achievements do not align neatly with the ten listed
| criteria.
| kimyanna wrote:
| Hi Peter, have you been seeing either a slowdown or increased
| denial rates to N-400 applications (5 year rule)? Just curious if
| it's more or less business as usual or if there is any impact on
| N-400 applications (we've heard of the neighborhood checks etc.)
| Thank you!
| proberts wrote:
| It's not business as usual anymore. Clients have shared that
| interviewing officers have shared that flexibility and leniency
| in adjudicating N-400 (and green card) applications is over. So
| officers are taking a much tougher stance on criminal records
| and extended absences from the US. That being said,
| applications without any issues are being approved although the
| approvals are taking longer.
| jonpurdy wrote:
| Hi Peter, thanks as always. It seems that i-131 Reentry Permit
| processing times are greater than 12 months these days.
|
| If an i-131 is pending, would you advise that person to return
| briefly to USA before their 1 year date of exit (ensuring that
| they are never out of USA for greater than 1 year prior to
| approved i-131)?
|
| Or does a reentry permit allow them to remain out of country for
| longer than that even if pending (presuming it gets approved)?
| proberts wrote:
| If the RP application ultimately gets approved, then it would
| "protect" that absence of one year that occurred before the
| issuance of the RP (although the RP validity period will start
| when it's approved not when it was filed). The reason to still
| reenter before you are outside for one year has to do with
| qualifying for naturalization rather than maintaining green
| card status.
| aliljet wrote:
| Is there clarity right now around foreign students attempting to
| obtain h1bs in the future?
| proberts wrote:
| Yes. F-1 students can get H-1B visas. The issue is the $100K
| payment which applies if the H-1B petition is filed not with a
| request to change status but with a request to notify a
| consulate. But if it's filed with and approved as a change of
| status, then a subsequent H-1B visa application will not
| trigger the $100K payment.
| rathboma wrote:
| Thanks for answering questions!
|
| Do you think H1B visa holders looking to move to a Green Card (in
| coordination with their employer) should be concerned about
| rejected applications or other issues?
| proberts wrote:
| There is no issue specific to those in H-1B status impacting
| the ability to get a green card but I would say that it's
| getting tougher to get green cards in general, particularly
| through the National Interest Waiver and Extraordinary Ability
| routes.
| jquery wrote:
| Should individuals on a green card be concerned about anything,
| such as criticizing this administration?
| proberts wrote:
| Definitely moreso than before but it's not so much about being
| concerned as being aware. For example, travel to certain
| countries could trigger aggressive/tough questioning on reentry
| and certain public comments about the government also could
| trigger aggressive/tough questioning.
| bravura wrote:
| I know this is a _general_ question, but:
|
| Assuming a US startup is considering engineering hires outside
| the United States, how does one currently assess the likelihood
| of getting them a visa to work in the USA? And what timeline and
| cost would be involved?
| proberts wrote:
| Unfortunately, a case by case analysis would be required.
| However, if they are from a country with its own visa (that is,
| Australia, Canada, Chile, Mexico, and Chile), it's relatively
| easy to get engineers visas.
| clumsydude wrote:
| In October, the state department introduced a new policy:
|
| > Applicants for U.S. nonimmigrant visas (NIV) should schedule
| their visa interview appointments at the U.S. Embassy or
| Consulate in their country of nationality or residence
|
| > Applicants must be able to demonstrate residence in the country
| where they are applying, if the place of application is based on
| their residency.
|
| What sort of proof is required to demonstrate residence? What
| about cases where an applicant legally has residency in a
| particular country (e.g. PR card or work visa) but in practice
| lives in the US as an H-1B/TN/L-1/O-1/etc. worker or
| H-4/TD/L-2/O-3/etc. dependant? Especially for the dual intent
| visas?
| proberts wrote:
| There's a lot of uncertainty here and the outcome will depend
| in part on the interpretation by the particular Consulate but
| my general understanding is that applying in a country where
| you hold permanent status but where you are not currently
| living would be risky.
| kethinov wrote:
| Suppose you could wave a magic wand and change US immigration law
| in any way you like. What changes would you make?
| proberts wrote:
| Good question. There's so much I would change. I'll give this
| some thought and respond later today.
| fooker wrote:
| Looking forward to this answer!
|
| Many of the absurdities of the US immigration system exist
| for good reasons and it would be great to understand the
| nuances.
| brendoelfrendo wrote:
| Thanks for offering to answer this question. Immigration law
| is so often an inflammatory topic, but I think your
| perspective as someone who has to work with the law, the US
| agencies that enforce it, and the people trying to navigate
| it could be really valuable.
| USMCAThrowAway wrote:
| Not Peter but would like to spur discussion on positive changes
| that could be made.
|
| - Paper-free overhaul of the entire immigration system.
|
| - Green Card recapture [0].
|
| - Country of Birth caps abolished for Green Cards. Impossible
| to justify this as it doesn't serve the intended purpose since
| AC21 was passed.
|
| - EAD/AP premium processing - so many livelihoods ruined and
| immigration journeys derailed because people can't get work
| authorization or cannot travel.
|
| - TD holders granted working rights incident of status same as
| L2S.
|
| Now for the not-so-popular suggestions...
|
| - Diversity Lottery - there's bipartisan support to cancel the
| program and it's really hard to justify bringing almost 55k
| with a min of high school education into the country.
|
| - Removal of F2B, F3, F4 family based categories to move inline
| with other developed nations immigration systems such as Canada
| [1].
|
| [0] - https://www.fwd.us/news/green-card-recapture
|
| [1] - https://www.canada.ca/en/immigration-refugees-
| citizenship/se...
| zamalek wrote:
| Thanks for the AMA Peter!
|
| Do you think there are risks involved with leaving (and hence
| returning to) the country on a Green Card?
| proberts wrote:
| I don't but a quick discussion with an immigration attorney to
| make sure that there are no hidden issues probably isn't a bad
| idea.
| zamalek wrote:
| Thanks for the response, greatly appreciated!
| garbawarb wrote:
| A question about TN status for a Canadian living in the US. There
| are some income-generating things I'd like to do outside of my
| work visa (play a music gig, upload music to Spotify, act in a
| movie). My understanding is that I can't do these things in the
| US. Am I able to do these things if I do them outside of the
| country, or is there any way to make them work? For example, if I
| went to Canada, recorded an album, uploaded it, then came back to
| the US.
| barbazoo wrote:
| I got no answer but it sounds really fun what you're planning
| to do :)
| garbawarb wrote:
| It's no fun if you legally can't do it...
| fencepost wrote:
| Just remember, if you want to put your content on youtube
| be sure you're demonetized by cursing up a storm.
|
| (not real advice. I think.)
| proberts wrote:
| Yes, if the activity occurs while you are outside U.S., then
| you can get paid for it without having to have U.S. work
| authorization to do it. So, yes, recording an album while
| outside is fine but it becomes a little more complicated if you
| are now getting paid for downloads while you are in the U.S.
| garbawarb wrote:
| While I'm inside the US, can I perform work for non-US
| entities? For example, remotely teaching a music lesson do
| someone in a different country or writing a book and
| publishing it abroad but not in the US.
| proberts wrote:
| The short answer is no.
| fencepost wrote:
| I think a related but separate question would be "Can I do
| these things if the proceeds are going directly to charity
| instead of to me?"
|
| I suspect it would be important that any funds never reached
| you, so you couldn't simply receive money then donate that
| amount. Playing a charity gig where the receipts go directly to
| the charity would likely be fine, streaming/Spotify revenue I
| don't know, acting in a movie might be out of the question if
| it's being professionally shot because the producer might have
| insurance or other requirements that only paid performers and
| crew can be on set, etc.
| KK7NIL wrote:
| IIRC from the time I was waiting for employment
| authorization, I wasn't allowed to do any charity work that
| could otherwise be a paid position, so be very careful with
| this charity idea.
| figmert wrote:
| How serious is/was this whole $100k for H1-B applications? How
| has this impacted the hiring process?
| proberts wrote:
| The subsequent clarifications has significantly lessened the
| impact since it only applies to those who are the beneficiary
| of H-1B petitions filed with a request for consular
| notification rather than with a request to change or extend
| status. So it has impacted the ability to get H-1Bs for those
| outside the U.S. but that was always a small number.
| garbawarb wrote:
| I'm living in the US on TN status and I'm interested in starting
| a startup, a subscription-based mobile app. But I have a pending
| PERM application and leaving my company would mean abandoning the
| whole thing, which I'm not eager to do. Is there any legal way I
| could start a startup without having to do that?
| proberts wrote:
| Concurrent employment is an option, meaning you could keep your
| primary full-time TN while getting a concurrent part-time TN.
| The problem is more that self-employment isn't allowed on the
| TN.
| sombragris wrote:
| Someone studied in the US under a F1 visa and a scholarship. No
| other substantial income other than that. This person while in
| the U.S. had to file tax forms, although there was no tax to be
| paid because this person had no income outside the scholarships.
| The student finished the studies in, say, October last year and
| then left the country for his home country. The student graduated
| and does not intend to return to the U.S.
|
| The educational institution sent the student's home address some
| tax form that he had to file by April 15, but the former student
| forgot to do that.
|
| The question is: would the student have problems getting a U.S.
| visa as a tourist and entering the U.S. several years after that?
| If yes, how could that be fixed? Thanks in advance.
| proberts wrote:
| Yes, unresolved tax issues can cause U.S. immigration problems.
| fencepost wrote:
| Pretty sure the best time to file tax-related stuff is before
| it's due and the second-best time is immediately after you
| become aware of it. Filing late is almost guaranteed to be
| better than not filing at all, and if there was no tax due then
| I suspect there also won't be late filing penalties.
| hobs wrote:
| What's the best way for a lawyer more familiar with other parts
| of the law to break into immigration?
| proberts wrote:
| Join AILA, attend AILA local chapter meetings, and attend the
| annual AILA conference. And get a mentor if possible.
| swatson741 wrote:
| How has AI impacted your profession?
| proberts wrote:
| In a limited way. Where it has impacted our clients is it has
| made it much easier for them to get reference letters when
| reference letters are required. But our basic every day work is
| largely unaffected by AI. So far.
| OsrsNeedsf2P wrote:
| Is it normal for incubators to ask founding engineers to come
| over on tourist visas?
| proberts wrote:
| I'm not sure about that being a requirement but participation
| in an accelerator/incubator while in the U.S. as a business
| visitor is fine and common.
| jml78 wrote:
| Just a high level question. My youngest son was adopted. He isn't
| white. He is naturalized. Should we go ahead and renew his
| passport so he can carry around a passport card at this point(we
| never got one in the past because they seemed like a waste). It
| seems crazy but with people being grabbed off the street for
| being brown, it seems prudent have a quick way to prove
| citizenship.
| proberts wrote:
| It's awful to have to consider these things. But since you ask,
| he also could carry his naturalization certificate. The other
| option is to get a Certificate of Naturalization but that's
| akin to getting a passport.
| rayiner wrote:
| I'm not white (and never have been). Haven't yet been "grabbed
| off the street for being brown."
| hiprob wrote:
| Anything notable about Ukrainians? Especially since Trump's
| inauguration?
| dcreater wrote:
| Have you handled cases/seen outcomes of self employed founders'
| H1B applications under the new rule?
| proberts wrote:
| Yes. The forms only require disclosure of ownership if it is
| above 50% so this has made it much easier for international
| founders (with cofounders) to obtain H-1B status. The challenge
| comes when ownership exceeds 50%.
| sercand wrote:
| I have green card and last time I left is 2 years ago, How can I
| return back to the US?
| proberts wrote:
| If you have been outside the U.S. for 2 years without having
| obtained a reentry permit, then you could be considered to have
| abandoned your green card. But all isn't necessarily lost. The
| ability to keep your green card will depend largely on the
| reason that you were outside the U.S. for 2 years and likely
| will require you to apply for a returning resident visa.
| jbellis wrote:
| Has the current administration made it harder to qualify for an
| o1 visa?
| proberts wrote:
| A bit but not significantly so.
| pain_perdu wrote:
| I moved to the USA in 2016 thanks to Peters help and every
| successful interaction I have had with USCIS since then has been
| because of his sage advice. You will not find a more
| knowledgeable or kind adviser than Peter.
| proberts wrote:
| That's good to hear. Thanks!
| js4ever wrote:
| Are you noticing any contraction (or increase) of immigration?
| proberts wrote:
| Early on in this administration, yes, but now, it seems as busy
| as ever although this latest suspension of immigration
| processes for those from 19 countries has definitely sent a
| chill.
| Izikiel43 wrote:
| Were those 19 countries a significant source of work in the
| system?
| pm90 wrote:
| hey peter, Im on an h1b visa (year 10, have approved i140 and
| pending gc application). Ive never done an h1b stamping as I was
| paranoid about being denied. Will doing the stamping now trigger
| the 100k h1b fee?
| proberts wrote:
| No since the underlying H-1B petition was filed and approved
| before this $100K payment provision went into effect.
| pm90 wrote:
| thank you!
| zerkten wrote:
| What if you have deleted social media accounts? It's possible to
| state that you had them with whatever identifiers, but do you
| have to prove their existence in some way so they can check an
| archive (assuming it was Twitter)?
| proberts wrote:
| If I understand you correctly, there's no obligation to
| maintain access to deleted social media accounts or to archive
| them.
| jonathanstrange wrote:
| What do you consider the probability that there will ever be free
| elections in the US again? Please answer with a value between 0
| and 1.
| proberts wrote:
| I'll get back to you after the midterms.
| lafalce wrote:
| Hi Peter, thanks for your time :)
|
| I am planning to move to San Francisco to join the startup
| ecosystem. Regarding the H-1B visa, what does the current process
| and timeline look like for a new applicant? Given the lottery
| constraints, are there specific 'red flags' or common mistakes I
| should avoid when looking for a sponsor?
| proberts wrote:
| The issue right now is that if you are sponsored for an H-1B
| while outside the U.S., the sponsoring employer will be subject
| to the additional $100K payment and this of course will
| dissuade most potential employers.
| canucktrash669 wrote:
| Hi Peter, let's play hypotheticals. USMCA (CUSMA) is dead, Trump
| actually acted on his threat and the US left the treaty.
|
| I assume it means TN visas are dead in six months if the written
| notice clause is respected.
|
| Is the zombie CUSFTA now out of dormancy? Can we now use the TC
| visa? If CUSFTA dies as well, what are the other options and how
| long does it take to process?
| proberts wrote:
| I don't CUSFTA would immediately go into effect again. I
| believe Congress and the President would need to act to revive
| it.
| garbawarb wrote:
| If this happened would existing TNs still be valid till their
| end date?
| proberts wrote:
| Typically, a benefit once granted (unless improperly granted)
| can't be taken away.
| roncesvalles wrote:
| Just my opinion, but I think USMCA dying is massively unlikely.
| Already there is some resentment in the Republican base for
| souring ties with Canada (e.g. bourbon producers, tourism) and
| I do see Canada-US ties moving in an upward trajectory in the
| recent months. The USMCA is also used by US citizens to work in
| Canada. And considering how watered down the H1B changes have
| been, I don't think this administration has an appetite for
| materially pissing off coastal hi-tech. At most we'll see
| tightened category adjudications.
| kingstoned wrote:
| How easily can one get E1 treaty trader visa and what volume and
| quantity of trade are recommended? If I have a company registered
| in my home country (eligible country) and have payouts from a US
| provider like an advertising network, affiliate provider or some
| marketplace etc. and my clients are all US companies, can I apply
| for that visa? Would a low six figure yearly revenue with monthly
| payout be sufficient for that?
| proberts wrote:
| There's no minimum amount of trade specified in the regulations
| and the answer depends in part on other factors (such as how
| active the foreign and U.S. companies are and whether they
| employees and funding) but the minimum annual trade is
| generally understood to be at least $100K/$150K.
| kingstoned wrote:
| Can you have just one US client like a marketplace or network
| that gives you monthly payouts totalling $150k a year? The
| client is a famous US based company.
| aryanchaurasia wrote:
| What if I am selected in YC but i don't have us visa?
| proberts wrote:
| That's a question for YC because if I understand you correctly,
| you are asking if you can participate in YC without being in
| the U.S.
| proberts wrote:
| Thank you for all your questions and comments. I'll be taking
| take a short break.
| lackstein wrote:
| Hi Peter, thanks for the AMA!
|
| I'm currently living in the US on TN status and am married to an
| American. Have you heard of anyone on TN status having difficulty
| applying for a green card? And do you have any sense of what the
| wait times currently are, particularly how long until you can get
| a travel authorization?
| proberts wrote:
| We've obtained lots of marriage-based green cards for those in
| TN status. The issue is intent at the time of the most recent
| entry prior to filing a green card application since the intent
| at that time cannot be to apply for a green card. Generally
| speaking, if there's a gap of at least 90 days between entry
| and filing, USCIS's concern about intent goes away or is at
| least greatly lessened.
| kdazzle wrote:
| There was just an article in the NYT where ICE is arresting
| people at the end of their green card interviews for
| essentially no reason.
|
| https://www.nytimes.com/2025/11/26/us/trump-green-card-inter...
| USMCAThrowAway wrote:
| Those targeted in this article are spouses of US citizens
| that had entered the US on ESTA and allowed that status to
| lapse whilst awaiting their AOS.
|
| That was tolerated previously.
|
| It does appear that these arrests have stopped since the NYT
| article was written.
| rayiner wrote:
| That's misinformation. They're being arrested because they
| were in the country illegally, usually overstaying a visa:
| https://www.newsnationnow.com/us-news/immigration/green-
| card...
|
| They have a green card interview because they married an
| American. But you can't get an adjustment of status if you
| are in violation of your current visa terms.
| loxodrome wrote:
| Can a US citizen with a foreign spouse bring the spouse to the US
| on a tourist VISA and adjust status? What if they already filed
| the i-130 with consular processing?
| jjmarr wrote:
| How has the Section 174 elimination of 5-year amortization for
| domestic SWE salaries impacted decisionmaking on whether to hire
| overseas?
|
| Since overseas workers are still subject to 15-year amortizations
| I'm wondering if people are getting pulled in from Canada.
| proberts wrote:
| Those are excellent questions but really more directed to those
| hiring at tech companies. From my limited perspective, I
| haven't an impact on hiring.
| USMCAThrowAway wrote:
| I've asked this question in a few places but never gotten an
| answer.
|
| A TN visa/status holder that applies for a EB Green Card by
| filing form I-485 is considered to have shown immigrant intent
| and will no longer be granted TN status in the future.
|
| Is this bar permanent or would an applicant who failed to obtain
| a Green Card or surrendered it in the future be able to seek TN
| visa/status provided they could prove strong links to
| Mexico/Canada?
| rao-v wrote:
| I've got friends who tell me they'd never consider applying for
| YC because they are on a classic H1B with a tech company. What
| typically happens with folks on a H1B who make it into YC?
| proberts wrote:
| That's hard to respond to other than to say that there are
| multiple visas that allow participation in accelerators and
| training programs.
| rao-v wrote:
| That makes sense ... is there a typical path? Basically - are
| they right in thinking it's a high risk thing for them or
| should I encourage them to take a shot?
|
| My understanding is that their time spent on the company
| before YC accepts them is the biggest risk factor?
| garbawarb wrote:
| As a non-lawyer, it seems that you'd have to leave your
| company to join YC, meaning you'd forfeit your H1B visa.
| proberts wrote:
| No I don't think it's high risk at all because even if the
| path were something other than H-1B, they always could go
| back to H-1B.
| EarthAmbassador wrote:
| This question arises from the current regime's efforts to reverse
| naturalization.
|
| For anyone who has one US citizen parent and one non-citizen
| parent, where the citizen parent has passed before the child
| applicant for naturalization reaches 18 years of age, resulting
| in the applicant applying for and receiving naturalization as an
| adult, can that same currently naturalized citizen also obtain
| natural born citizenship status through the deceased citizen
| parent and would it be advisable?
| proberts wrote:
| If I understand you correctly, you are asking whether the
| naturalized citizen was a citizen at birth based on his or her
| father's citizenship. To answer that question, we would need to
| know when the naturalized citizen was born and the countries
| where the naturalized citizen's U.S. citizen parent lived from
| birth until the birth of the naturalized citizen.
| unixhero wrote:
| We are in the Nordics. Do we stand a chance at PR or citizenship
| in the US?
| anonimmigrant1 wrote:
| Hi Peter, I have a valid h1b visa stamp till 2027 but when my new
| employer filed for my H1B from outside the US I got an RFE for
| the 100k. The company lawyers are arguing against fee payment
| since I has a valid H1B visa stamp. What are my chances of
| denial?
| jacobmartinez3d wrote:
| I am a native citizen currently watching my first child grow up
| without me while my wife waits in line for her nearly 2-year-long
| immigration process. Every attempt to expedite her processing has
| been denied, even during Typhoons where she loses power and
| access to hospitals. I feel forgotten, and cast aside by the
| system - like my family situation is inconsequential and
| undeserving.
|
| Is there really nothing native citizens like me can do to get our
| family here outside waiting in a generic line with everyone else
| in the world?
| proberts wrote:
| That doesn't make any sense. I'd need to know all the facts to
| advise. Please send me an email to schedule a call
| (proberts@robertsimmigration.com). Which Consulate is she
| applying through?
| onetimeusename wrote:
| Is there a way for someone on h1B to start a company in a
| roundabout way by doing something like placing company shares
| into a trust and having a unpaid board seat? Is that pushing
| luck? Not for me but a friend who I had plans to go into business
| with but we're facing a chicken or egg problem until she gets a
| green card or changes her visa status.
| proberts wrote:
| There are ways for someone in H-1B status to start a company
| and not in a roundabout way. The approach will depend in part
| on whether she will leave her current employer and get an H-1B
| through her startup, stay with her current employment and get a
| concurrent part-time H-1B through her startup, or just stay
| with her current employer and somehow work on her startup.
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