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I'm signing off now. I see that there are a number of unanswered questions. I will get to them tomorrow and over the weekend. Thank you everyone. Great questions and comments. I learned a lot.

Hello. I don't have any questions but just wanted to share that I found Peter through one of these threads 9 years ago and his work and advice has been incredibly helpful in ensuring my continued ability to live and work in America through a variety of situations. I highly recommend using his services and listening to his sage advice.

That's very kind of you. Thank you.

Me and my cofounder are non-US residents and live in Germany. If we get into YC, what would a typical / recommended way to proceed be?

We haven’t established a company in Germany yet, we want to be strategic and make what’s best to succeed.

From what I know we can do the batch with our current tourist visa, so I’d like to know more about the post batch options. Being US based or Germany based is an option for us.

Thanks in advance

That's right, a lot of international founders participate in the batch as business visitors, whether under ESTA or a B-1 visa. The most common post-batch work authorization options are the country-specific visas (for those from Australia, Canada, Chile, Mexico, and Singapore), the O-1, and the E-2. If based abroad and only coming to the U.S. for investor meetings and the like, then you could continue as a business visitor but practically this can become a problem if traveling to the U.S. regularly; at some point CBP will push back.

There was a blogpost from someone from germany who got accepted. I looked it up for you: https://web.archive.org/web/20220604131034/https://richventu...

There is also a post on hackernews about it: https://news.ycombinator.com/item?id=31601638 And there is a Ask HN that could be helpful: https://news.ycombinator.com/item?id=31620700

Are you aware of the US Green Card lottery? There are very few people who apply from Germany, so you can also try that route. You have a surprisingly good chance to win it. Also, you are not forced to accept it if you win the lottery -- you can decide.

I think "surprisingly good chance" is overselling it. The reported odds for Germany are about 1%.

https://dvlottery.me/win-chances-green-card-lottery

Odds are extremely low.

You should still create a US C-Corp, ideally in Delaware.

Thank you for your answers, it's super helpful

Could follow this group of EU business people forming a US entity this year:

https://www.youtube.com/watch?v=shWe5dNqUrc

Also, attend a few free AMCHAM webinars to get the details on foreign ownership rules.

Depending on how large your project becomes, some people may just use a brokerage service to localize the Merchant on Record (MoR) like withreach.com for online retailers. However, only US domestic corporations can mitigate liability on sold goods/services etc. Keep aware of the IRS grace thresholds on sales, as even if you owe $0 in federal and state taxes... it can still become a $8k fine for forgetting to file a return in the US.

Best of luck, =3

It's AMA, so here's something under the category of "anything" . . .

How has AI affected your work as a lawyer, if at all? Do you expect it to change your work or how you bill?

Although we have a lot of AI clients, I've been slow to take advantage of AI but it's starting to transform our practice, helping with the drafting of letters of recommendation and our overall argument. So we're able to prepare applications much faster.

I run a coffee meetup in Buffalo, NY. Around graduation season we get a lot of international students who come and are looking for jobs but are worried about visa issues. What are the resources about what their actual situation is, and how I can help connect them to smaller companies who might not know how to sponsor students?

I'd recommend inviting a local immigration attorney to speak to the group and/or be available to answer questions because there's no one great resource.

Historically, startups have hired foreign "employees" as contractors to simplify paperwork.

How are "false freelancer" laws, e.g. in Spain, affecting the market? Do you generally advise American early-stage startups startups to hire foreigners as contractors, or to immediately use a PEO?

We don't get involved in that. We get involved when a company has identified a foreign national whom it would like to employ in the U.S., whether the foreign national is inside the U.S. or outside, and try to develop an immigration solution. But if the foreign national is outside, we let U.S. employers know that the foreign national can be employed by the U.S. company without a U.S. work visa whether as an employee or contractor if the foreign national works while outside the U.S. By necessity, this is what many employers do because there's no U.S. work visa option available.

I'm not sure if this is appropriate for this thread, but: I'm a Singaporean, and we have access to the H-1B1 visa.

If asked whether I need a visa in a US job application, would it be fine to say "no"?

How should I explain my situation, given that most people might assume that hiring non-US candidates would require participation in the H-1B lottery?

This is my (not Peter's) advice for Canadians/Mexicans for TN, Australians for E-3, and seems to apply for Singaporeans/Chileans for H-1B1: If it is an automated system, just put no. That may be an automatic filter. There will be time to talk to a human and say "all we need is X/Y/Z" where X/Y/Z is something the hiring manager can do without involving a lawyer. If a human is asking you, then just say "Yes. I need a visa but I can walk you through the process. No lawyer needed."

hey fellow singaporean - you may enjoy my h1b1 guide https://www.swyx.io/h1b1

most impt thing to note is that while you do still need a visa sponsor, it is a LOT easier and cheaper for you and yes ive had a job where i paid for my own visa lawyer, and only needed simple docs from the company (which was ~10 people at the time if that helps). didnt turn out to be a GREAT job ofc but thats separate.

dont ask me how to get a job in the us from singapore tho. if ur applying thru the "front door" as u seem to be doing, yes its harder. lots more back door options but you'll have to network well to do it (i recommend https://swyx.io/LIP)

Not Peter Roberts nor a lawyer, but: Why don't you just say "I'm Singaporean, so I'm not sure I would need to apply", and give a link to some article which describes the special visa eligibility for Singaporeans? Also note that H-1B1 is just one kind of visa, and there are many others - for which you likely would need to apply.

It's not fine to say No because even though you might qualify for the H-1B1 visa, this requires employer sponsorship; the H-1B1 visa is to work for a specific employer.

One idea to replace the H1-B lottery that I've seen on HN is to sort the applications by salary and let in the top XX highest paid.

Do you have any thoughts on that? Is this one of those "why don't they just..." type of ideas that people with first hand knowledge know is majorly flawed?

I just don't see how the value - from a benefit to the U.S. economy perspective - is tied to salary so that doesn't make sense to me as a line to draw. If the H-1B program were to be limited in any way (which is not something I necessarily agree with), one option is to list occupations that are in short supply each year and to prioritize those. Many countries do this.

> one option is to list occupations that are in short supply each year and to prioritize those

That's a lot of what prioritizing slots by pay does: pay is higher for jobs with low supply relative to demand.

I suspect that the real problem with prioritizing by pay is that it shows that a lot of employers are using H1-B workers to put downward pressure on wages.

Also there are a lot of parties involved in gaming the complex system whose services wouldn't be needed if the solution was that simple. I think Upton Sinclair's quote applies here. https://www.goodreads.com/quotes/21810-it-is-difficult-to-ge...

Not necessarily. You need farmers and scientists. Can't do a descending sort by salary.

Wasn't Trump's proposal few years ago "95th percentile salary for their profession"? So you still have room for farmers and scientists provided that they are exceptional (or at least exceptionally well paid) farmers and scientists.

I had two H1-Bs.

The process is completely divorced from reality.

The questions and requirements are meaningless.

To my eye, there is zero rationality in the process.

As far as I can see, the and the only effect of the visa programme is that there is a limited number of visas, and so this acts to prevent businesses from hiring the people they want to hire, and that's not freedom; and in the process of doing so, causing untold disruption to lives and businesses and direct and indirect costs to businesses, individuals and economy as a whole.

Doesn't salary at least set a floor on what a company thinks that employee is going to add in value? They wouldn't spend dollars on salary to get dimes of extra revenue.

I would also argue that prioritizing the highest paid jobs makes displacement of US workers less likely. It would raise the bar for everyone.

US residency and citizenship is in extremely high demand, so whatever immigration system is put in place will ultimately be gamed. Creating a visa category that is solely based on salary would be attractive to some cohort of people who want to live in the US regardless of the costs.

We saw similar things with previous "investor visas" where there was no intention to start a business and the USCIS had to stop issuing them for many years because of the pervasive fraud on both sides of the equation. I can guarantee that some creative lawyer out there was already thinking about how to game the US "startup visa" when that was proposed a few years back.

A salary-based requirement is a lot less easy to game. After all salaries are reported to the IRS on W-2s. Any fraud in the amount of salary can be easily detected without sophisticated investigation.

The only difficulty I see is that salary isn't necessarily proportional to a person's usefulness to the economy or the country. A person can start a company and pay himself a million dollars a year while the person and the company does nothing at all. Sure the IRS gets to collect a bunch, but at that point we might as well create a class of visas that are sold in an auction.

What are considered best practices for a German/EU citizen to start a startup in the US? What would be the process to found a company and to move to the US to work for your own company be like? Or would it be better to found it Germany and move it to the US at a later point (after PMF for example)?

There are multiple options to working for your own company in the U.S. The most common paths are the O-1, the L-1, and the E-2 and E-1 visa. Creating a company in Germany first might open up a path to an L-1 visa but that's the only relative advantage to opening a company in Germany first. The E-1 and the E-2 require that the U.S. company be at last 50% German owned and that there be a substantial investment of German money into the U.S. company or substantial trade between the U.S. and Germany via the U.S. company. The O-1 is based your own personal achievements. If you can have German invested into the U.S. company (whether from you or others or both), which generally means at last $100k, then the E-2 is a very good and easy option and relative to the O-1, allows spouses to work.

Does this mean that if a German citizen registers a company in US and owns 100% of it and also invests $100k into it, he can get an E-2?

There are other requirements, such as evidence of not only the investment but the expenditure of the funds by the U.S. company on business expenses and a good business plan, but these are not onerous requirements. The challenge sometimes is the expenditure of the funds because a substantial amount needs to have been spent before applying for the E-2 visa and sometimes it can be hard to spend that money.

Hi! Thanks for doing this. How long do you think I should keep my visa-related documents? I used to have an L-1 visa with a bunch of lengthy petitions, but now I have a green card and the visa has expired.

Hi Peter, I’m an employee at big tech in an L1 VISA in the US. I’d like to know what happens if I get laid-off. Will I have a chance of finding another job. How much time will I have before leaving the country?

I’ve heard I can get a green card via significant US investment. How much does that requires? Can I stay in the US while the process is ongoing?

Back when I was working on an L1, I continually lobbied my employer to apply for an H1B for me to give me more options in the event of losing a job, or even just the ability to change employer at all really. This is one of the most significant downsides of the L1 visa IMO, the options are comparatively limited/difficult if you do lose your job. Its biggest plus over the H1 is of course no lottery though, which is why employers that can use the L1 like it etc.

As I understand it, your employer can apply for the H1B lottery every year for you while still on the L1. Some companies will do this, eventually I did get the H1B I wanted back then. My colleagues on L1 all did the same thing too.

Regarding your first question, you would get a 60-day grace period following the end of your employment (limited, however, by your I-94 expiration date). During this 60-day period, you could remain in the U.S. and apply to change your status to another visa classification before the end of the 60-day period, such as to another work visa (if one is available) or a visitor visa. Regarding your second question, you are referring to an EB5 green card. That is too convoluted to explain here. If you are interested, you should consult with someone who specializes in EB5 green cards.

Hi Peter, I finished my masters degree and I'm from Germany and might like to work in the US. Which Visa would be beat in thia case and any tips to work with US companies to make it happen? Much appreciated

Short of getting a green card, your ability to work in the U.S. will depend on getting a work visa which is based on a job offer from a U.S. employer. For those not from a country with its own visa, the options are the H-1B visa (but this is subject to an annual lottery so not anything that can be relied on), the O-1 visa for people of extraordinary ability (a high standard and a visa that most large companies won't bet on unless the candidate clearly qualifies for an O-1), the E-2 (this would be for German owned companies or subsidiaries in the U.S.), or L-1 (which requires one year of employment outside the U.S. with a related entity - think one year of employment with IBM Berlin and then a quick and easy transfer to IBM U.S.). Of all these, the L-1 is probably the easiest if the global company is large and is willing to transfer employees to the U.S. - and you're willing to work abroad for at least one year.

Hi I wonder how valuable patents are for EB/O visas? I have worked 10+ in a global tech company, through which I am named on about 20 US patents. I don't have external visibility except for through those patents. How are patents judged when it comes to these visas? Are they enough to prove what needs to be proven?

Patents are just the starting point of the analysis because patents in and of themselves don't say anything about impact or significance so the next step is to try to understand the impact/significance of the patents through usage and citations, for example.

If the upcoming change in administration gave you 1 or 2 chances to tweak the policy or process, what would you recommend?

Conversely, what are the main pain points now that are likely to be intractable?

(If policy is outside the scope of AMA, sorry and please ignore...)

Thanks!

Hello Peter, I married an american woman and me and my wife are not leaving in the states. We are in the process ofp registering the kids since we are preparing a plan B. We didn't got married in my country, but in Thailand. I was told that in order to get a spouse Visa, I need to start the process in Thailand. Is this true? Do i need to apply for everything in Thailand just because this is where we got married? Thank you

I think you will get a better answer if you clarify your situation.

* Are your kids US citizens?

* In what country you do currently live?

> I was told that in order to get a spouse Visa, I need to start the process in Thailand. Is this true? Do i need to apply for everything in Thailand just because this is where we got married? Thank you

This is generally incorrect. For a spouse of a US citizen living abroad, you "start" by filing I-130 and then by completing the NVC paperwork, which can be done either online or through mail. The final stages are generally handled by the overseas consulate where the intending immigrant resides.

https://travel.state.gov/content/travel/en/us-visas/immigrat...

However, you may need documents from Thailand, such as your marriage certificate with English translation and police records for the immigrant.

https://travel.state.gov/content/travel/en/us-visas/Visa-Rec...

Correct. The location of the Consulate interview, the final step, is either country of residence or country of citizenship; it doesn't matter where the marriage occurred.

Good morning Peter! I don't mean to get political, but do you anticipate any changes in the H1b process based on whoever wins the upcoming election? I've heard there were significant difference between the past two admins and that could play out again.

No worries. I just discussed this in response to another question.

Can you link to your previous comment in the future?

https://news.ycombinator.com/item?id=41871481

Will do!

Hello Peter and thanks for the AMA!

I was accepted into a postdoc program and have an H1-B that was approved by the USCIS with no issues, but it was put in administrative processing by the embassy.

It's been in administrative processing for almost a year with zero follow up communication, and the council of my employer doesn't know or is unwilling how to get an update on this process. Is there anything that can be done to move it along?

P.S. : I’m an EU Citizen

This is your visa application so you don't need to wait on the school or its counsel to act. You can ask the Congressional representative in the area where you will live in the U.S. to make an inquiry with the Consulate. This is done all the time although it often doesn't make a difference, unfortunately. Where were you born, where have you traveled, and what's the focus of your post-doc?

What's the general schema of getting someone a work visa in the US?

My understand is big tech usually tries to see if you're eligible for an O-1, and then they take their chances for H1-B, and then there's also a pathway for bringing in workers that have already worked from you from abroad (for one year).

Wondering if there's other types of Visa that are applicable, and where they slot in in the general algorithm of a US-based employer that wants to get a Visa for one of their workers.

I also recently learned about the EB1 Visa, though that one is not tied to an employer. I'm wondering how it compares to the O1 in ease of access / modalities.

If the individual is employed by a related entity abroad, then large companies would transfer him or her to the U.S. using the blanket L visa, a super fast and easy process. If the individual is not employed by a related entity abroad, then other options must be considered. First, there are easy options if the individual is a citizen of one of five countries with its own visa; these are Australia, Canada, Chile, Mexico, and Singapore. These countries have free trade agreements with the U.S. that give rise to these visas. If the individual is not a citizen of one of these countries but is employed in H-1B status by another company (or previously was employed in H-1B status), then an H-1B change of employer application is usually the best option and an easy one. If the individual is not employed in H-1B status (and never has been), then we look at the O-1. Sometimes the E-1 or E-2 visa is an option but this has very specific and limited requirements regarding the nationality of the company and the individual and regarding the company's trade with U.S. and investment into the U.S. company. It's a great option when it works. The EB1A is a green card path and is a high standard that takes a while.

My U.S. citizen father applied for a green card for me as his over-18-year-old child, and the process was moving forward. However, during the sponsorship documents submission phase, I got married and updated the marital status question accordingly. After that, the process was stopped. What happens now, and what can be done?

While you were unmarried, you were either an immediate relative if under age 21, or family preference F1 if 21 or older. Because you married, you are now in the family preference F3 category, which has a much larger backlog and a much longer wait.

You should have considered the immigration consequences before you got married. The only thing that can change your situation is if your marriage ends in death or divorce. Otherwise you must wait.

9 FAM 502.2-3(D)

> a. (U) Immediate Relative Converts to Third Preference: If the child of a U.S. citizen is the beneficiary of an IR petition, the petition automatically converts to a third preference petition if the child marries. The priority date of the third preference petition is the filing date of the immediate relative petition.

> b. (U) First Preference Converts to Third Preference: If the unmarried son or daughter of a U.S. citizen marries before the visa is issued, the beneficiary's first preference petition automatically converts to a family third preference petition. Any child(ren) of the beneficiary would then be entitled to derivative third preference status. The priority date remains the same.

> e. (U) Third Preference Converts to First Preference: (1) (U) A third preference petition approved for a married son or daughter of a U.S. citizen who has since become widowed or divorced automatically converts to accord first preference status (or IR status if the beneficiary is under the age of 21). If the petition converts to first preference, the accompanying or following-to-join child(ren) may be granted derivative first preference status. The priority date remains the same.

https://fam.state.gov/fam/09FAM/09FAM050202.html

> You should have considered the immigration consequences before you got married.

I may be wrong, but I think immigration consequences were not something any reasonable, normal person would have had any reason to think of. We are normal people, living normal lives. As I say, I may be wrong, but this feels like blaming the victim.

US immigration is a strange game: folks who have good attention to detail can DIY and save a good chunk of money. Folks that don't should probably get an immigration lawyer to avoid potential disaster.

OP evidently made an incorrect assumption somewhere: perhaps they thought that they would stay in IR2/F1. Or perhaps they assumed that even if they change to F3, it would be as good as IR2/F1.

All correct. Thanks!

How do ycombinator signs deal with startup that were accepted but the founder is in another country ? Do they ask to visit us or there are other options.

That's a question directed to YC.

I'm a non-American Software Engineer, living outside the US. Me and my girlfriend (who's an American citizen) are seriously considering marrying and moving together next year.

Any advice or anything you recommend reading? Also, how long it typically would take until I was able to legally have a job in the US, once I move?

I have a tourist visa and traveled to the States countless times. If I go there with the intent of getting married, do I need a special visa or not, considering I can already enter legally?

Thank you for your time.

This is complicated so it's important to speak with an immigration attorney before you take any steps. The better option is to apply from within the U.S. but doing this while in the U.S. as a tourist is problematic. The other path, through a U.S. Consulate abroad, raises no legal concerns but can take a very long time (compared to a U.S. based application).

A work around would be to get some type of work visa (a challenge itself) and then once in the U.S. on this visa, apply for a green card based on marriage.

Is this workaround applicable even if the work visa is of non-immigrant intent, like the H1B1?

Yes, for example I married my partner who was on an F1 visa, which is a non-immigrant visa, and we were able to easily adjust his status to the GC (this is faster than the K1 process)

That’s useful to know. One difference for my situation is I’d like the H1B1 holder to be able to continue working during the application, but I have heard mixed information on how feasible that is. The H1B1 needs to be renewed quite frequently but may not be renewable while you have an adjustment pending.

We went through the Fiance Visa program and it wasn't a big deal, but the foreign one of us was Canadian, which is on the we like that country list, which probably helped a lot.

You have to follow special rules for the fiance visa program, and most all the paperwork happens before you get married.

The big thing I remember(it's been decades now), there was a fee we had to pay at one of the consulates somewhere, and they gave us 2 receipts, a big fancy full page one and the tiny cash register receipt. Way afterwards they made us prove we paid the fee. They wanted the tiny cash register receipt, not the fancy full page one. Make sure you keep literally everything , you have no idea what might be important later on.

I'm not saying the fiance visa is right for you in your situation, just mentioning it in case you are not aware.

> I go there with the intent of getting married, do I need a special visa or not, considering I can already enter legally?

Yes, you absolutely need a visa (specifically the K1). Entering the US with the intent to get married without it is immigration fraud!

I've been through this process myself and I can tell you that it's quite the lengthy process and there's financial requirements and many checks along the way. For me it was about 18 months from start of K1 application to issuance (delayed due to COVID) and then about 6 month wait on employment authorization (and greencard about 6 months later).

These times could be much longer if you're not from a western country or mess up the paperwork along the way (easy to do, there's quite a lot of stuff both partners need to file).

Just letting you know so you can start the process early. There's several forums online for people going through such a process with a lot of resources, I'd suggest looking there for other's experiences.

> Yes, you absolutely need a visa (specifically the K1). Entering the US with the intent to get married without it is immigration fraud!

While this is theoretically true, the reality is that thousands (tens of thousands?) of people do it every year successfully. And it's hardly surprising, especially under a pro-immigrant administration like Biden's. I doubt strictly enforcing previous non-immigrant intent in family-based green card applications is anyone's priority.

I'm not advocating people do it. I just think there's a strange dynamic in immigration conversations online where a lot of people talk as if theory and reality are exactly the same. They're not. The reality is that people are constantly engaging in various immigration violations that are overlooked/undeclared/ignored/etc.

> While this is theoretically true, the reality is that thousands (tens of thousands?) of people do it every year successfully.

You are correct, but if you do it on a tourist visa, you can expect to wait well over a year for employment authorization, which is very difficult on a relationship.

Not to mention you always risk getting rejected (particularly if you posted your intention online) and then being essentially banned from entering the US.

For two grown adults with careers, it makes no sense to risk it, just take one of many legal routes (K-1, work visa, getting married outside of the US and then applying for a greencard, etc).

I'm an Australian citizen running a bootstrapped startup (and would prefer to stay bootstrapped, but would raise if there was no other way of immigrating). What is the best way to immigrate to the US? I have a computer science degree from an Australian university.

E3 is absolutely the best way for Australians in my experience. It's more flexible than a H1B and the process is much simpler. The only downside is there is no simple path to a green card like H1B, but I managed to get one anyway.

You'd need a US entity to apply on your behalf. In my case they never asked about assets to pay the salary but that may be an issue.

https://www.uscis.gov/working-in-the-united-states/temporary...

All correct. The E-3 visa is the easiest, fastest, and cheapest U.S. visa. But it does require a sponsoring employer. The only downside relative to the H-1B is that an E-3 visa is not a dual intent visa like the H-1B so this needs to be managed if and when the E-3 visa holder is in the green card process.

Can I self-sponsor an E-3, if I'm the founder of the company, with no other shareholders?

There must be an employee-employee relationship. Difficult to pull off if you are completely solo but possible for most startups with more than one founder where you are not CEO.

No it's like TN in that regard.

This is not immigration per se, but how often do you actually see issue with contract requalification?

For context: hiring remotely you don't want to set up a corporate presence in every country, that would be mind-boggingly complex & expensive — so instead you hire people as contractors or use an employer of record (EOR) like Deel to hire people and then you contract Deel.

The one risk with hiring contractors that will basically only work for you (though for sure, the contract should not make this a condition) is that in some jurisdiction is allegedly pretty easy to take these contracts to court and requalify them as employment contracts, putting you on the hook for back taxes and possibly fines.

I'm just wondering how much that stuff happens in practice, and how much of an issue it is when it happens.

Euros should stay in Europe.

Move to SF if you want the tendies.

Any hope for Indian immigrants on H1-B to get a green card? There are over 1 million immigrants affected by this.

It's just an unmitigated disaster. The only non-laughable path is via the EB1 (or marriage to a U.S. citizen or permanent resident). Many Indians who are working for U.S. companies in managerial positions will agree to work abroad for their employer for at least one year and this opens up the EB1C path.

It will likely never be mitigated. There is no economical reason why USCIS has to expedite moving that queue. There is an overwhelming influx of labor and immigrants from the same country in question that even a mass exodus, even if that were to ever happen, will mean nothing.

What are some of the challenges involved with international hiring in a remote environment? I work at a fully remote startup with ~200 employees. We hire from a couple dozen countries but I know there are fairly significant barriers whenever we add a new one. What are some of those challenges? Are they getting more streamlined?

From an immigration standpoint, there are no issues with U.S. companies employing foreign nationals who are working remotely OUTSIDE the U.S.; U.S. immigration doesn't come into play unless and until the individual will be working IN the U.S. For employees working remotely in the U.S., while this needs to be noted and referenced in any immigration application, it doesn't really change the immigration options and paths.

In the USA is there any concept of prior art when considering trademark applications, like there is with patents? If "YCombinator hosting" had been commonly used by businesses, and YC decided to trademark that phrase, would the prior usage be taken into account (and void the trademark application)?

Hi, I'm European, working in Europe My wife has a J1 visa To apply for a J2 visa, I need be present and stay in USA for all the duration of the application? no way to come back to Europe in the meantime? How long would the processing take?

The best solution is just to apply for a J-2 visa at a U.S. Consulate rather than applying for J-2 change of status in the U.S. and then once you reenter the U.S. on your J-2 visa you can apply for a work card and travel while your work card application is pending without impacting this application.

My wife's I-485 was denied because of an overlooked J1 residency requirement. She has to spend 9 more months in her home country for the residency, and we're looking into waivers. We would prefer not to leave because my current employment requires me to be in the US. Her no objection waiver was denied and now we're trying an exceptional hardship waiver. What are alternatives? Is this a good route to take?

The hardship waiver is likely going to be specific to the facts of your situation, so you may benefit from hiring your own immigration lawyer.

If your waiver is denied, there's of course the alternative of your spouse going back to her home country by herself.

The waiver is the only alternative to satisfying the 2-year home residence requirement but hardship waivers are tough. Do you have an attorney? I could recommend attorneys who focus on such waivers.

Do you have a list of common red flags that engineers should avoid when considering working at a startup?

From an immigration standpoint? Only that the immigration options and issues should be fully vetted and understood as early as possible. While there are some minor differences, from an immigration standpoint, there's little difference between the immigration options/path for employment with an established/large company and a startup.

Hi Peter,

Few months ago I've applied for F2A visa for my spouse from Russia. Official sources state processing times in California at 4 years plus. I am 2 years away from obtaining a citizenship in US by which I then can do K1.

Would you advice to convert F2A to K1 visa in the future? How do I do that? Is there a way to speed up the process at all?

The conversion is from an F2A to an immediate relative green card application. This will be the fastest path. You would want to notify the U.S. Consulate in Russia when you become a U.S. citizen. The K-1 is for fiances of U.S. citizens, not spouses of U.S. citizens. Has the I-130 already been approved?

As Peter says, K1 is not a option for you because you're married. F2A will convert to immediate relative (either CR1 or IR1) once you become a US citizen.

CR1/IR1 is generally superior from the perspective of the immigrant spouse. However, CR1/IR1 does not allow derivatives, unlike F2A. If you have any children or stepchildren that don't have US citizenship or a green card, you will need to file a separate I-130 for them if you become a US citizen.

Remote workers are clearly a gray area in immigration law. On the one hand if the worker lives abroad and imports products and related support services to the US, that's clearly not a migrant worker.

On the other hand, if a remote worker is a virtual receptionist for a US business, or if the worker controls machinery remotely that operates in the states, they clearly compete with local labour, and bring cybersecurity issues.

As an attorney with power to interpret and shape case law, do you think there is any grounds to require visas for some types of private remote work, given the current laws? Or would this be a matter that needs to go through congress.

Individuals working outside the U.S., even as employees of U.S. companies, are outside the reach of U.S. immigration law. Now, that doesn't mean that they are outside the reach of all laws, such as those controlling exports or combatting (cyber)terrorism. But immigration law has no say.

Interesting, but couldn't immigration laws have jurisdiction over the US company that employs the outside employees? Especially in the ways that they interact with US Soil and US citizens.

Immigration policies primarily govern residency, no? If you're not a resident of the US, any laws that apply to you would likely fall under employment or commerce, not immigration.

Correct.

Hi Peter, thanks for all the AMAs you've done in the past.

From the perspective of a recent Green Card recipient not yet living in USA, is it possible/advisable to convert to a Commuter Green Card, work remotely (and paid as US-based employee with US contract, US mailing address, and US benefits), and commute to the US to work in person for a week or two every few months?

(Or does this stretch the definition of commuting outside of scope?)

How does EB-2 NIW essentially work? Is it tied to a specific employer or can it be used to justify H1b renewal/transfer beyond the 6 year limit at a different workplace with the different role ?

There are two types of EB2 green card paths, one (the PERM-based EBs) is tied to a specific employer and a specific job) and the other (NIW or national interest waiver) is not.

I'll be stepping out for about an hour now and then returning for another few hours. Thank you so far for the great questions and comments!

I'm a Canadian looking for remote work in America. Is there any downside risk to the employer if I work a W2 remote job from Canada? As long as I pay taxes, is there any risk to the employee?

From an immigration standpoint, no downside and no risk. We have a lot of companies that do this: employ people abroad as W-2 employees without any U.S. work authorization (which isn't required if the employee is working remotely outside the U.S.).

A small word of warning: I'm speaking with brutal honesty, extreme language is used (unfortunately I have to, it's the truth). Throwaway for obvious reasons. I tweaked the parameters a bit, it's representative of my case but not my actual case.

I'm going for a CR-1 visa. I married the love of my life a month ago. We knew each other for a year when we married. I thought it'd be fine but I gave it some more thought and I'm a bit worried.

My worries:

* I had suicidal ideation and did visits to a psychiatry center once per week for a month until I was fine enough according to them. I have never physically hurted myself. I never planned it. My issue was that I felt a strong urge to plan it, and I didn't want to cave in which I didn't thanks to the psychiatry center. In retrospect, I realized I was in a really toxic relationship, once that was gone there was no suicidal ideation left.

* I do have an autism diagnosis that I got a few months ago at the age of 36.

* My employment history is checkered. My last employment was almost 2 years and then the tech layoffs hit, so outside of my control (second round of layoffs too).

Good things:

* My education is top notch with high marks, I even published a paper

* No criminal record

* 50000$ in the bank

* Coming from Sweden

* My wife has a stable job for 4 years, no criminal record, university educated, etc. (I don't think there are any issues there)

Will the suicidal ideation episode, autism diagnosis and checkered employment history be an issue for the CR-1 visa when I get my medical?

Of course you should consult with an attorney before applying but I don't see any issue with any of these impacting your ability to get a green card

Thanks for your reply :)

Is there a possible track for H1B holders (solo/team) to be able to start one? What I have usually been briefed is that you need a US citizen as a majority stake holder. Thanks.

It's challenging but not impossible. A key is having less than 50% ownership interest in the company and an employment agreement with the company. It's close to impossible where the ownership is vested and at or above 50%. Again, not impossible but extremely challenging. The other owners also can be foreign nationals; they don't need to be U.S. citizens. So, where there are three foreign national founders, each owning a third, this should be fine.

Thanks - this helps.

> employment agreement with the company

I believe this means that once the entity is founded and funding secured, all participants will need to transfer their H1B to this new entity in order to work for it, right?

Once I get the O1 visa, what paths are available to aim for a green card?

If the company with which I applied for O1 goes bankrupt what happens to my visa status?

To be clear, green card paths are not helped or hurt or impacted in any way by the underlying status so your green card options are the same whether you're in O-1 status or not. That being said, because of the nature of the O-1, many of those in O-1 status go the EB1A extraordinary ability path or the EB2 national interest waiver path. An O-1, except in limited circumstances, is tied to a specific employer so if your O-1 employer went out of business, your O-1 would go away - but it's very easy to transfer an O-1 from one employer to another.

That's not easy. Many employers aren't aware of this type of visa.

>That's not easy. Many employers aren't aware of this type of visa.

I think a lot of the response are presupposing that the commenters are in the tech industry. If a company is already setup to deal with visas it's probably not a big deal, assuming the economy is still going well and companies are hiring. In another field where companies don't or barely deal with visas at all, it's probably really difficult.

How common is it that people come to SF and work illegally on their startup and then raise money?

Hey Peter, I have two questions: 1. How bad is the H1B situation now? I've read there are companies that flood the system with duplicate requests, which decrease the probability for the others. 2. Is it possible to get a visa and work permit for a partner without being married to them?

1. The lottery system has changed and it's much harder now for companies to submit duplicate registrations. 2. I'm not sure what you mean.

Hi Peter, thank you for doing this. I'm a YC Founder, Ex-FAANG who applied for an O1 visa but got a "kitchen sink" RFE (i.e disputing all of my claimed* O1 qualifications). Is withdrawing and re-applying my O1 petition a good idea? Are there any known downsides to doing this? Thanks again!

Disputed qualifications include:

1. YC funding is not an "internationally recognized award"

2. YC membership is not "an association that requires outstanding achievement from its members"

3. Beneficiary's role (CTO) doesn't prove their critical role to the organisation.

4. Previous high renumeration is not evidence of high salary in the field as a whole. Nor is equity in YC company.

Not a laywer. Withdrawing and reapplying after changing the app, or responding to the RFE are both valid options. The only thing that is not useful is appealing a rejection. The appeals rarely work and are a waste of money and time. There was also an executive order about O1 which was supposed to lead to rulemaking that would make O1 and EB1 easier for AI (https://www.whitehouse.gov/briefing-room/presidential-action...). I don't know if anything came of this, but look into whether any rulemaking is happening and apply after a final rule is published, assuming you are doing AI. (Everyone is doing AI, btw).

I’m an Australian PhD student graduating into the US job market. I’m considering an EB-2 NIW. How does that work with the E-3 visa? What’s a good resource or law firm with experience in this kind of arrangement to refer to?

You may find this passage from USCIS relevant, particularly the last sentence.

> E-3 Specialty Occupation Workers may be admitted initially for a period not to exceed the validity period of the accompanying E-3 labor attestation (i.e., for a maximum of two years), and extensions of stay may be granted indefinitely in increments not to exceed the validity period of the accompanying E-3 labor attestation (i.e., for increments of up to two years each). As there is no limit on the total length of stay for an E-3 alien in the legislation, there is no specified number of extensions a qualify ing E-3 Specialty Occupation Worker may be granted. Under the current E regulation, 8 CFR 214.2(e)(5) , an alien classified under section 101(a)(15)(E) as an E-3 nonimmigrant shall maintain an intention to depart the United States upon the expiration of termination of E status. An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.

https://www.uscis.gov/sites/default/files/document/policy-ma...

Not a lawyer. Visas and green card applications are orthogonal. Do your EB2-NIW however you like - either yourself or with the help of a law firm. It has no bearing on anything else. You'll get the green card when your number is up (somewhere in the next 5 years).

Could a married couple each get their own individual E2 visas and then sponsor each other on the dependent visa and then both have open work authorization?

One can only hold one visa so one would need to hold the principal E-2 visa and the other could get the benefit of the E-2D visa.

Peter - I am currently living in US and I am on H1b.I have plans to start a company with my partner who currently has a green card.

Assuming i hold a minority stake, and have an employment contract Can i transfer my h1b? Can the company also sponsor my green card in the future?

Likely yes but consult with an immigration attorney familiar with startups to file this because there are right and wrong ways to file such petitions.

If you seek evidence like judging others' work or association membership for your O1/EB1, contact me at halloumee(at)proton(dot)me.

That's regarding the judging of hackathons.

Hi Peter, nice to meet you. I am currently on STEM OPT with expiration being July 2026. What is the best backup path if I don't get the H-1B lottery in the next two years, O-1A or EB-2 or other? Priority date is 1.5 years for EB-2 so would it be advisable to have the company I work for to sponsor this? Thank you!

There's no downside to having your company kick off the green card process now; the process could move fast enough to allow you to stay past July 2026 (although this isn't likely). The standard options are the O-1 (which should be evaluated soon because you have time to build up your O-1 profile now if you need to) and full-time F-1 CPT through a graduate program.

I'm a software developer with leading experience in a successful healthcare startup. Do you have any advice on which platforms to use, I applied for a couple of jobs but wasn't successful so far

Sorry, which platforms to use for what?

Say if a worker on H1B expires all 3 attempts to obtain an H1B and is forced to return to his home country. If the company he/she is working for has a partner company in the home country, can the US company continue to apply for the H1B to bring him back? Are there better options to exercise than this?

There is no cap on number of attempts. I think the 3 attempts you are referring to is the 3 year OPT after you graduate with a degree, companies usually try to sponsor during those three years while you're employed with them.

Correct. Thanks.

Just meta: You dropped the "immigration lawyer" part. Does this mean the scope of questions is different?

Thanks for doing this regularly!

Good catch! Thank you. Immigration lawyer should have been included.

Do you have any recommendations on how long one should wait before starting a startup after receiving permanent residence (EB2) in the US?

I've heard rumors that quitting the job that was used to justify the permanent residence too soon can jeopardize either the green card or future naturalization applications. Is this true?

That's really not true. There was some slight truth to this (but really just slight) years ago before the AC21 legislation, which allows those in the green card process to change employers without having to restart their green card process. Again, to be clear, lawyers used to say there were issues leaving soon after getting a green card, but that really was never true and with AC21, there's really no risk. All this being said, it's still good to have a consultation about this to rest easy.

Hello, being a founder (recently got H1B)of an early stage startup is there any consequences of not paying yourself the prevailing wage, especially since you also own the company so won't report it to anyone.

If a Russian citizen seeks to travel to the U.S. these days to create jobs / invest in his own company, what visa type should one pursue to maximize chances of getting approved?

With the shrink in hiring for engineering roles how do you think that will effect h1bs ?

It's possible that getting selected in the H-1B lottery will be easier.

If you have the option to consider both, which visa would be the more seamless (and faster) path to green card?

L1A or O1?

(Coming from South Africa, running SaaS company with holding co in DE)

Is it possible, as a Canadian with an engineering degree, to work 3 days in-office from the USA and 2 days remotely from Canada? Ideally, it'd be nice to have a US salary and live mostly in Canada.

100%. This would be permissible on any work visa, whether TN, O-1. H-1B, E-2, or E-1.

The other concern would be tax wise, how do you deal with the CRA regarding the US salary and what not.

Even if it's double taxed, the salary differential would make it worth it.

If I fill out a W-7 as a non-American to get an ITIN - Is that then enough to open a credit card with say Navy Federal prior to even getting an address in the USA? I'd like to have all my ducks in a row prior to even arriving if possible.

Grandfather fought in Vietnam.

How much of a fuss is it for a start-up fresh out of YC to hire someone on an E-3 visa (the one for Australians) ? i.e., time & cost of the process including legal advice & applying for licences if any

Super cheap, easy, and fast. The E-3 visa is the easiest visa to get (as long as the applicant is Australian of course) and it doesn't matter whether the employer is a startup or an established large company.

Are there promising AI startups that can help with immigration?

Lots! It's becoming a very competitive space and many really add value.

Why aren’t there tech startup immigration sanctuary cities? We have local authorities not working with the feds for referring criminals to ICE. Could you have the same for software engineers?

Good morning,

I am a dual US / Canada citizen and currently living & working in the US.

I am looking into moving to Canada, and was wondering what kind of issues I could run into if I wanted to continue working for the US company while living in Canada.

I am working for a small sized start-up, and I am pretty certain they have no experience in this kind of thing, so I wanted some more info before breaking the ice.

Thank you

This is a payroll/tax issue. Many employers in these situations use an Employer of Record, such as Deel, to employ U.S. citizens living and working abroad but you also could be employed directly as a W-2 employee.

Can you recommend any good books or journals about US immigration law?

What are the best options for a student (F1 visa) who wants to found a startup in the US?

This can't be done while still in school but once you graduate, you can found a company while in F-1 OPT and then while in F-1 OPT status, look to change your status to O-1 (assuming that you also don't qualify for STEM OPT or another country-specific visa).

How common is it for companies to skip over a minimally qualified US worker during the PERM labor market test process?

If a minimally qualified US worker is found, are they under a requirement to hire the worker or can they just reapply for PERM later and conduct another labor market test?

What is a difference between acceptance rate among teams vs solo founders in YC?

Again, this is outside my scope. That question should be directed to YC directly.

What has been -- in your personal experience as well as in the experience of some of your lawyer colleagues -- some of the 'hardest' cases wrt employment authorization for US-based startups and YC? And why?

Also, how are you anticipating the immigration landscape to change especially if President Donald Trump returns to the White House in January 2025? I'm asking this in the context of the 2017-2021 Trump administration's massive clampdown on Specialty Occupation visas through executive orders. [0]

[0] https://trumpwhitehouse.archives.gov/briefings-statements/tr...

Those who are in YC and who previously were in YC almost always can get work authorization, whether it's an O-1, E-2, H-1B, or country-specific visa. Relatively speaking, the harder cases are those involving those who don't have at least a bachelor's degree. While lots of experience sometimes can fix this, not always, which means that an O-1 visa is usually the only option. Regarding the impact of a change in administration, I just touched on this in response to another question/comment.

Can an Iranian citizen register a Delaware corporation and operate in the US?

From abroad? From an immigration perspective, there are no issues but other export controls/commerce laws might come into play.

Iranian citizen already in the US with a valid H1-B visa. I have seen articles mentioning that Iranian citizens are not allowed to open a corporation in the US. Is this true? And is it possible to change status of H1-B to O-1 after registering the business. Thanks.

https://www.delawareinc.com/before-forming-your-company/dela...

What are your predictions on how H1B visa holders will be impacted if Trump wins the election?

Do you foresee any improvements in PERM processing times as well as the whole process?

Unfortunately, no. Historically, the only thing that has fixed PERM backlogs is a bad economy or a major change in immigration law.

How are you thinking about the potential effects of a second Trump administration on immigration and how it might affect tech companies?

There's a lot to worry about but to keep the worry/analysis grounded, I think it makes sense to review what his administration did last time. And most of the damage was done to those who were illegal or seeking asylum or were from certain countries and seeking to travel to the U.S. It was awful and very disruptive to the lives of many. On the legal business immigration side, the main damage was the result of changes in policy and the way regulations were interpreted and applied. This included doing away with the deference given to previously approved applications when extensions/renewals were sought. This was disastrous, resulting in the denial of applications for people who had been employed in the U.S. by the same employer for years. The Biden administration immediately undid this when it took office. The other major change was in changing/increasing the requirements for getting H-1B and O-1 visas and extraordinary ability green cards. The Biden administration undid some but not all of these changes. There is concern that a Trump administration would undermine the H-1B program as well.

Is there any reason to think that Trump will ramp things up if he gets a second term? Particularly since the Supreme Court is so thoroughly conservative now?

It would make sense to expect some ramp up because immigration is a stronger electoral issue than it was previously, and because a second Trump administration will probably be more coordinated and effective in implementing its goals than the first one was. Given how laden with unintended consequences any change in immigration policy is, though, there are probably some limits on the rate of change that would be possible and politically prudent.

For example, without undocumented immigrants, milk would be a lot more expensive (https://www.nytimes.com/2024/10/15/magazine/milk-industry-un...). The current election is showing us quite starkly how significant grocery staple prices are in shaping public perception of a nation's economic health.

> For example, without undocumented immigrants, milk would be a lot more expensive (https://www.nytimes.com/2024/10/15/magazine/milk-industry-un...). The current election is showing us quite starkly how significant grocery staple prices are in shaping public perception of a nation's economic health.

This strikes me as a bit tone deaf. These people are paid slave wages to do this work. They have unsafe housing conditions. They pay cartel fees to get across the border. Their "employers" are breaking the law. The government looks the other way. Personally, I'd be willing to pay more for milk (or any grocery product) if Americans were doing the jobs and getting paid fair wages with good benefits.

It gives me Kelly Osbourne on The View vibes: https://www.youtube.com/watch?v=a8INEYLFWwc

I think you missed to mention your area of expertise in AMA description

I know. That's embarrassing. I've never done that before. Thanks for pointing out!

Why did you decide to work with this rather than with people who might need your skills more, or do you do that too?

I have a Greencard and would become eligible to apply for citizenship this month. I wonder what the opinions are here on the pros and cons of that. Generally, regarding most practical aspects of daily life, being permanent resident seems pretty much equivalent to that of an US citizen.

Pros:

- can vote

- can get security clearance, potentially more income

- even long periods abroad do not bear the risk of loosing privilege

- can do jury duty

Cons:

- need to do jury duty

- need to declare income to IRS regardless of residency

- potentially be taxed by IRS

Any other cons I'm not aware of? I heard that getting rid of the US citizenship (e.g. for tax reasons) will make it hard to get a visa ever again.

I think your forgetting one of the most important pros: an inalienable right to re-enter the country after going abroad.

Also a pro is that while traveling you have the services of the U.S embassy to you, which could be a life saver depending on what other citizenship you hold and the circumstances.

I became a US citizen because I wanted to be able to vote and be a full participant of my community, and it's easier to be in the same line as my wife and child at the airport.

But even though I am not a criminal, it was also on my mind that if I were ever falsely convicted in some travesty of justice, I could also be deported, which would make it even worse.

I wouldn't frame the tax parts like that. Just by having a green card, you are generally subject to the same worldwide taxation as US citizens, with only subtle differences.

Perhaps a bigger difference is that it's somewhat easier to abandon the green card than to renounce US citizenship.

> As a green card holder, you generally are required to file a U.S. income tax return and report worldwide income no matter where you live.[1] You’ll probably get a tax discount if you’re still paying taxes in your original country, but you must file US returns regardless.

If you haven’t been filing returns for the past 5 years, you should hire a CPA to get a professional opinion and possibly file late returns before applying for citizenship.

[1] https://www.irs.gov/individuals/international-taxpayers/freq...

As long as you keep your greencard, you still need to declare your income worldwide.

Depending on your home country, having US passport opens up a lot of other possibilities for travel too.

Furthermore if you have held* a green card for the last 8 (of 15 years) i.e. you hold permanent resident status you also become in-scope for the tax expatriation law that apply to US Citizens, and possible ongoing declaration requirements: https://www.expatriationattorneys.com/green-card-u-s-exit-ta...

I've never been US-resident; the reason I know about this is talking to someone who relinquished theirs when I asked if they could keep it.

*from the U.S. Government's point of view.

Major con: infinitely easier to deport

pros: if you leave the US you can still claim your SS on retirement (some countries have a reciprocal agreement, most dont)

What is your timeline to stay in the US? If 5 years or less, I would say avoid it, unless have a specific "pro" that you want. Also, if you have a spouse and children, they might be important factors in your decision.

[dead]

Employers should have to prove they were not able to find a U.S. citizen who can do the job before they're allowed to hire someone that needs a work permit. Employers purposefully seek out non-U.S. citizens as they know they're happy to work for a lot less, especially if gets them into the U.S. This whole system encourages economic migrants, puts U.S. citizens out of work. As far as In am concerned you're actively working against your fellow Americans helping foreigners abuse and exploit our immigration laws.

> Employers purposefully seek out non-U.S. citizens as they know they're happy to work for a lot less, especially if gets them into the U.S.

This is commonly stated but is not true. US companies are required to pay the "Prevailing Wage" [0] to H-1Bs, so they cannot use foreigners to undercut US citizens.

However, foreigners whose presence in the US is dependent on their employment are certainly more likely to be abused by employers

0: https://flag.dol.gov/programs/prevailingwages

The prevailing wages are comically low though for most jobs that I've seen (like half of the real reasonable salary for the job we're offering). And employers have the option of 2 data sources so that they can selectively pick the lower of the 2 depending on the jobs they typically apply for.

> US companies are required to pay the "Prevailing Wage" [0] to H-1Bs, so they cannot use foreigners to undercut US citizens.

This is laughable. I do not know how the government calculates those wages, but as someone who got to US on H-1B visa this year I'm making more than 2x the "prevailing wage" listed on my LCA application.

Just to clarify: my job is a Software Architect, in one of East Coast states, and the prevailing wage listed in my application was $84k. So it is not that my salary is especially good, it's this government-mandated one that is a joke.

I'm lucky, because I came here to work for the same company I used to work in my home country so I got offered good terms (somehow H-1B was easier to get than L-1). If some company offered me a job for the "prevailing wage" I would laugh in their face, but I'm sure for some people that would seem like a lucrative offer.

I just checked my own LCA. My listed (and actual) salary on the LCA is 1.07x the listed prevailing wage, but it doesn't include stock or bonus which are part of my total comp. Including those, my total comp is 2.06x the listed prevailing wage.

I know from talking to my American colleagues that my total comp is around the same level as theirs, so at least at my company they don't undercut US citizens.

Your listed PW does seem quite low, and I don't know how they actually measure it. I certainly agree that companies will do whatever they can to lower wages for all worker, and not including stock or bonus in the prevailing wage is ripe for abuse. Perhaps some reform for this law is in order.

That's another thing: my compensation is basically all salary, no stock options of any kind. I think the trick might be that my immigration lawyer listed the PW for "entry level" Software Architect job (is there even such thing?), while I have around 20 years of experience.

Could it be that the prevailing wage is a national average, ie not adjusted for a high col city? I feel like tech salaries especially must swing a lot between flyover states and big coastal cities.

Well, maybe. I mean, my city is really not that high col city: median house price is $450k and the rent outside city center is just $1300 for one bedroom. But salaries in IT are pretty good here, my salary is actually the average for my position that I found on Glassdoor (I used that as a reference point when negotiating relocation with my employer).

> Employers should have to prove they were not able to find a U.S. citizen who can do the job before they're allowed to hire someone that needs a work permit.

Why?

It's their money and their business.

What business do you or I have in forcing upon them what they can do? any more than they would have any business forcing themselves upon us?

> Why?

AFAICT, the parent answered that with "This whole system...puts U.S. citizens out of work." (Whether that's actually true or not, I'm not entirely certain, but the argument could definitely be made, and, in all likelihood, convincingly.)

> What business do you or I have in forcing upon them what they can do? any more than they would have any business forcing themselves upon us?

Presumably, it's people's business because the US is basically a nation governed by the people who see it as their responsibility to help ensure their basic values (peace, prosperity, life, freedom, justice, pursuit of happiness, etc.). So, when there's regulation that affects the people, it actually is their business.

I'm not a US citizen, but you might find that most US citizens would prefer their government to prioritize the interests of US citizens over foreign nationals. Just as I would expect my home country's government to prioritize the interests of its citizens over foreigners.

> What business do you or I have in forcing upon them what they can do?

It's called regulation and we do it all the time.

Depends what “can do the job” means, right? Elite tech companies try to hire the highest ability people they can. The US is not a large share of the world’s population, so even if it is massively overrepresented in top performers, the vast majority of top performers are still foreign born. Your position is that US companies should hire less impressive people because they are American. Maybe you can build a functioning search engine that way, so a 100% American-born engineering team can technically do the job, but does it end up being Google? Does it end up being competitive relative to what the immigrants who worked on it would have done in their own countries or a friendlier country?

Most major employers have offices in EU, US, India etc. so the can just allocate racks in those countries.

> helping foreigners abuse and exploit our immigration laws.

Well, that's a woefully short-sighted and zero sum way of thinking.

"an impressive 44.8% of Fortune 500 companies in 2023, equating to 224 companies, were founded by immigrants or their children."

So, it is more accurate to say that the US is abusing and exploiting other countries by stealing their job-creators and thus, jobs.

Source:

https://www.americanimmigrationcouncil.org/news/new-report-r....

There actually IS exactly such a requirement to advertise positions in the US and accept applicants. The issue is that it is gamed or done only perfunctorily. What you are looking for is enforcement, which costs money, and goes against the desires of the companies lobbying for such legislation.

It would also help enormously if the immigration was not tied to a specific company, i.e., the worker could jump to a new company at will without having to convince Company-B to do the whole sponsorship process. As it is, (iirc) if they lose their job, they have only 90?180 days to find a new sponsor or go home. This would make it much less exploitative, and also lower incentives for companies to sponsor H1Bs instead of seeking US workers. Write your congress-reps & Senators.

(Source: tech co founder in some companies that did H1Bs, so not sponsoring but managing the workers brought under the process; also competed under a coach that my school took exceptional efforts to get here from Austria because of his world-class qualifications, they still had to really fine-tune the requirements)

100% agree.

It is a race to the bottom that Americans will never win.

Americans who want a normal wage and life are never going to be able to compete on price with someone in South America or Eastern Europe.

This is the kind of things that should result in massive tariffs and extremely onerous tax and paperwork for the companies that do it.

Otherwise, all of our expertise will just move outside of the world and to the desperate abroad. And for what benefit?

This is some weird 'Gangs of New York' wanna be BS. I'm sorry but we have been welcoming people throughout the entirety of our existence, it is part of the American project, and it is a part of our strength, not our weakness nor downfall.

My family were the ones told 'no Irish need apply' and now you want me to tell someone else's family off and that they aren't wanted? My family fled eastern europe for their lives but you want me to tell someone else my fear of a threat to my income is more valuable than them? Nah bro, I'm good. Don't claim to be a defender of me/America/Americans. Your type didn't want my family here either back in the day but the USA thrived even with our/my existence. Being American isn't in your blood, it's in who you chose to be. Alway had been/always will be. And Americans don't choose fear over welcoming.

I'd give every new American a huge welcome hug if I could because they are us and are family. They are your parents/grandparents/great grandparents/etc. Sad that you have forgotten that or chosen to forget because you are scared too 'share'.

Everyone reading this, I'm glad you want to come be part of this great experiment. I hope you chose to stay, it's a pretty cool place with pretty cool people.

>As far as In am concerned you're actively working against your fellow Americans helping foreigners abuse and exploit our immigration laws.

Isnt it the employers exploiting the system?

People like Peter exist in part to help large organizations (including YC) exploit the current system. Peter seems focused on startups - but it's within the same vein.

The parent's sentiment is valid. There's no reason the US needs to import startups - there's plenty here in the US that don't get funding/support/attention they already deserve.

Instead of helping immigrate potential founders - I'd rather see YC do outreach in these other countries to empower/support founders within their home nation.

But, that might slightly diminish YC's chances of funding the next Facebook or something... so here we are.

It also means the next Facebook would benefit a foreign country's economy rather than America's. One reason the US economy is the best in the world is that we import entrepreneurs and their businesses.

I don't have a question, but wanted to let you know that your site, www.robertsimmigration.com has a self-signed certificate and therefore others cannot create a secure connection to it.

> openssl s_client -connect www.robertsimmigration.com:443 2>/dev/null

> ---

> SSL handshake has read 1859 bytes and written 427 bytes

> Verification error: self-signed certificate

> ---

Cheers

Thanks! I need to shut down that website. I merged my firm with another.

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Sorry, there's a dropped phrase in my title. It should read "I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA." Thanks.

Fixed now!

That is going to be confusing, good luck ;)

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Many Russian citizens who have moved out of Russia are currently being denied B1/B2 visas, regardless of their prior history or any proof of ties to their current country of residence. The rejection rate is around 60%, and I am among those affected under 214(b), despite having held five B1/B2 visas before, with no visa overstays or other issues.

I don't plan to move to the US, but my startup operates in the US market, and it would be beneficial if I could meet customers and investors in person.

I plan to apply again next spring (a year after the denial), and if I’m unsuccessful, I’m considering applying for an O1 visa to be able to visit the US, although I have no intention of staying long-term. Do you think this is a good idea? I’m concerned that after the O1 visa expires, my only option to return might be to apply for another work visa or O1 visa.

What you write is incorrect. Even worse, arguably, is that applications by Russian citizens sometimes just end up in a black hole and never get reviewed. Unfortunately, while applying for an O-1 visa can be a solution, this isn't always the case and O-1 visa applications also can end up in a black hole. In other words, there are no easy solutions for Russian citizens unless they are seeking to travel to the U.S. on government business or possibly seeking to travel to the U.S. to create jobs. But the background security check/security concerns can undermine just about any application unless the Executive branch/State Department is involved and is specifically supporting the visa application.

Well, that's life. Thank you so much—at least now I know my chances.

My B1/B2 visa application has been in administrative processing (221g) for over 8 months. I assume the security checks are in place. Russian citizen, multiple US visits in 15 years. Last time it took 2 months to issue visa. If I seek to travel to the U.S. to create jobs (I own a US company), what visa option should I pursue to maximize my chances of getting approved?

I don't know if it's good or bad news for you, but at least you're pretty lucky to have reached this stage—the majority just get rejected.

From what I know, some people have received their visas after 12-16 months of processing. It will most likely be valid for only one year, though. Eight months is pretty early to expect anything at this point.

Here’s a Serbian-Russian expats visa Telegram group where there’s a US section. You can ask people there about their processing times: https://t.me/serbia_visas_chat

Again, I’d say you’ve had some luck!

Thanks for the link!

Just to chime in, what's the situation with getting an H1B visa for a Russian Citizen? Are there similar issues or is it still possible to get one?

Similar issues because the background check is the same regardless of the visa being applied for. Again, if you re already in the U.S. and seeking to change your status to H-1B or O-1, this isn't an issue.

Hi Peter. I know a little about H1B1 visas and the process of getting one, having worked with many colleagues who are in the US on one, but I don’t fully understand the pros/cons of the H1B1 program from the perspective of the average American.

As one presidential candidate will likely direct his ire at the program if he wins, can you explain why such a program is compelling or vital for our tech industry? My H1B1 colleagues seem happy to be in the US (and have indicated such) but nonetheless appear exploited. My naive economic analysis is that the visa program depresses wages to the benefit of corporations, but I’m sure the situation is far more nuanced.

(I’d like something to offer my conservative friends/family who increasingly think all immigration should be verboten.)

Ask you conservative friends how they feel about Libertarians (bring up Rand Paul). If they say they like what Libertarians stand for, remind them that the official libertarian platform is for an open border and a welcoming America in keeping with America's tradition of being a nation of immigrants. Then remind them of your great grandma/aunt/nana with the funny accent and if she and her children should have been kept out because someone felt scared of the maybe/might/gut feeling threat she posed to them.

> (I’d like something to offer my conservative friends/family who increasingly think all immigration should be verboten.)

Not proberts, but observing left wing media in the States over the last 8-10 years I've seen a carpet bombing of the same concept: eliding the difference between immigration and illegal immigration. If you want to talk to your conservative friends and family I'd start by checking whether or not it's illegal immigration they're against. Even the Democrats seem to be noticing that people don't like open border policies and are scrambling to adjust campaign promises in light of this.

Oh yes it's just illegal immigrants that Republicans hate. That's why they spread lies about refugees and other legal immigrants, right?

The context was getting on with friends and family.

I understand you might not able to think in these terms when it comes to the hated enemy, but if you think of all people as people, even Republicans, then you might notice that they don't all think the same things. Or even that they don't hate illegal immigrants, but think that laws are a good idea and criminals should be punished, not rewarded. This is just understanding both sides 101, in case you do break out of this mindset.

> if you think of all people as people, even Republicans

The OP didn't accuse Republicans of being non-people. They specifically made a -- true, incidentally -- factual claim:

> > That's why they spread lies about refugees and other legal immigrants, right

It is notable, though, that it is the Republican candidate that has very directly been using dehumanizing language. And you are here asking people to get into a both-sides argument. The situation isn't symmetric: the arguments shouldn't have to be.

> I understand you might not able to think in these terms when it comes to the hated enemy

Also notable it is that one specific candidate is using the term "enemy within" to describe US residents. It's not the Democrat.

> Or even that they don't hate illegal immigrants, but think that laws are a good idea and criminals should be punished, not rewarded.

Again, your statement has nothing to do with what you're responding to.

Did I say "all Republicans"? Nope. This is understanding English 101.

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I love responses like this because they highlight how allowing broken systems to persist can so thoroughly warp their purpose. Did anyone go to law school and specialize in immigration because they felt called to be "the modern equivalent of the overseer on the plantation?" Probably not.

But if you want to sample the kind of vitriol that somebody living with the precarity of a H-1B "employer controls your life" environment, here's a paragraph of it to chew on.

My personal favorite is the immediate follow up this conversation generates ( 'well, if you don't like the job, change it' ) while cynically omitting how we got here and that changing it is either near impossible or being actively hindered. You see it all the time. One would think the population would get better at pattern recognition after being stung once or twice.

Ah yes, those poor immigration attorneys just trying to get through life one day at a time on their six figure income, having to endure the unimaginable agony of reading the occasional snarky internet comment. Let me play you a song on the world's smallest violin while thousands of migrant workers get deported every time Elon Musk has to pay child support.

I wouldn't go as far as saying that immigration lawyers are "overseer on the plantation". That is an extreme imo. Lawyers are only there to help there clients navigate the laws of the land. They have serve both companies and immigrants as clients.

Though, I strongly believe that H1b problem is modern slavery. Especially for people from India and China. The law is carefully crafted to ensure a constant supply of captive labor who work hard, pay taxes and if they fail to be competetive then get sent back to their home country irrespective of how long they have lived here or their contribution to the economy/society here. Sometimes I wonder if the law would have been the same if it were to impact europeans the same way (Pls don't take this as racist. Nothing against European ppl. I'm just complaining about a racist law).

I know the counter-argument is always that "you can leave the job and go back if you feel it's slavery". That's true but like Europeans and like people from many other countries, we also want to live in this great country. This country has attracted immigrants over centuries. The problem is that the law is carefully crafted to ensure that not too many people of color become citizens here without having a clear race based restriction in the law.

The U.S. has misused the law to exploit migrant laborers from Western Europe in the past, such as Irish immigrant workers building railroads a hundred years ago. The difference is, those Irish railroad workers were eventually able to ascend the social ladder and be treated as equals in our society, because they are white. They were similar enough to us that they could "pass" and be accepted in mainstream American society and not be looked upon forever as outsiders. Other exploited workers from that era were not as fortunate and continue to be dehumanized and marginalized even today. Every attempt they ever made to join the club and be participants in the great American Dream was systematically crushed, either by force of law or by force of mob violence. Because they are not white. We invented a whole victim-blaming narrative about this where we chalk it up to inferior genetics or lack of perserverence, but anyone with a brain can plainly see that it is the natural inclination for people to adapt to their surroundings and to do whatever they can to be accepted and welcomed into the social collective. It takes a powerful outside force to stop that from happening, to keep the outsiders from eventually turning into insiders, who will then start compelling us to share the commons with them.

This is an inappropriate question for this AMA. The person is trying to help out others by offering some free guidance, and your question is, "how do you sleep at night, you scum-sucking bastard?"

The person is not here to help others, he is here to promote himself and his business. Do you really think a professional multi-millionaire attorney with his own law firm came here in the middle of a work day just to socialize?

Doesn't matter. It's still inappropriate behavior on your part.

And, people can help others and promote themselves at the same time. One can appreciate the former while holding their nose at the latter.

wow, who hurt you ?

It seems pretty obvious the H-1B system hurt him.

If it's the H1B, why attack another person so viciously instead of attacking the system? By the way, it's the same story for immigrants almost everywhere. (African immigrant in Europe here—it's even tougher: companies literally expect you to be so grateful they gave you a job, as if you're not helping them generate profit and they did some kind of charity.) Conveniently, it's easier if you move from the U.S./EU to South America, Africa, or parts of Asia—remnants of colonialism, I guess.

The problem is the idea of the nation-state with borders and all. As long as we think being born in one part of the world gives you more rights than someone who just moved from somewhere else, we'll continue to have this bureaucratic nonsense that (and I'm almost certain of it) has a negative impact on economic growth. But I don't think that will change in the next 100–200 years, so let's deal with the unfair cards we have and move on with our lives.

finding ways to move on despite the administrative hurdles is the only pragmatic path forward. and Peter Roberts is trying to help with that ??

Hi Peter, thanks for doing this.

One question I have is regarding skilled immigration from India and China specifically. Currently, people have to wait decades through no fault of their own. Big Tech companies, Chamber of Commerce, and many Republicans also support this.

However, a Democratic Senator, Dick Durbin has disingenuously blocked meaningful progress and reforms over and over and over again. He blocked the Fairness for High-Skilled Immigrants Act of 2019 which had passed House with 365 votes and was sponsored by current Vice President Kamala Harris. He added on a poison pill that would not have gotten support knowing fully well that the Fairness for High-Skilled Immigrants Act would have passed.

Similarly, Rep. Zoe Lofgren wrote to Speaker Pelosi expressing great dismay that her legislation (different bill, 2 years ago) which would have provided reforms was pulled from the floor and that it was important to force a vote.

It is certainly known that Republicans have blocked immigration reform (Grassley on CHIPs, etc) but Democrats have had multiple opportunities to remove the per-country visa cap and repeatedly refuse to do so in varying dishonest manners.

Why is Democratic leadership so against skilled immigrants coming from India and China? The closest we have come so far was under a Republican administration. Many populist Republicans support these reforms so it is perplexing to me that a party so committed to removing barriers that enforce systemic discrimination continue to let things play out as they are.

https://rollcall.com/2022/12/15/democrat-pushes-to-reverse-d...

You can't expect an attorney in private practice to have an authoritative answer to this question.

(And, it frankly appears this account is owned or operated by a state actor.)

Hey Peter!

Stop helping people come to the US. We don't need the outside help.

We have tens of thousands of unemployed tech workers in this country who need work.

Cisco has been in a stead state of layoffs for years, recently laying off 4,000.

Amazon and Meta are laying off.

How are YC startups addressing the myriad of legal and copyright concerns around the AI models that seem to underpin so many of their business models?

That's outside my area but the key is to engage with corporate/IP counsel at the outset, ideally before the company has been incorporate. One non-immigration issue that comes up all the time is incorporating before the founder has left his or her employer and thus putting the IP at risk.

Ah apologies, didn't realize you were talking immigration only

Serious question...

If it's true people are crossing our borders, claiming asylum, and being let go with work permits, why should anyone do wait to do it the legal way and wait or get denied?

What is the advantage to doing it the normal way?

If your goal is time bound (say a few years), the asylum path may work. It will eventually run out though when you get your hearing in court. Asylum applications are overwhelmingly rejected. The legal path, at least theoretically, has a higher probability* of leading to permanent residence.

*Except for Indians.

not getting ICE knocking on your door and deporting you after living here for decades (happened to a friend's brother in law).

Yeah, I guess I was thinking of a more temporary working situation.

Crossing illegally is an option of last resort.

If you have the ability to immigrate on a visa, it's much safer and easier than relying on "coyotes" or having to cross multiple borders illegally just to take a shot at entering the US.

There's a reason you don't see Mexicans cross the border illegally anymore.

If you can cheat without consequences, what is the advantage of not cheating.

The solution of course is to fix the asylum process so that applications get reviewed faster not to restrict asylum (that's my view at last) but until that happens, for those who get work authorization based on an asylum application, this is just a temporary fix because at some point, their application will be reviewed and if not valid denied.