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I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

284 points by proberts ↗ HN
I’ll be here for the next 2 hours and then again at around noon (Pacific) for another 2 hours. As usual, there are countless possible 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 try to do the same in my answers!

413 comments

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ryanx435
What was the process of you getting hired at YC? Like, did you contact them, did they reach out to you, or was it through a recruiter or something?
Nydhal
What is the worst case legal costs for a green card through H1-B ?
proberts
i really don't know because this will depend largely on the legal fees charged and there's a wide range.
throwaway45599
I have a criminal record in the UK. I was convicted approx 5 years ago for criminal damage, drunk and disorderly and resisting arrest. I was given a small fine in magistrates court.

I have otherwise a great record and have set up multiple companies employing approx 100 people here, including many awards and recognitions.

What are my chances of being able to move to the US?

joering2
Serious question: if you have setup multiple companies with 100 employees (per company or total?) then why move to USA? If you are UK-citizen then it would make more sense to stay in UK and continue your success, since you seem to be good at it!
SirHound
The weather? Source: UK citizen wishing to move to the US.
csomar
There are countless of reasons why people want to move to the US. From getting married, to living in Los Angeles, to business opportunities...
throwaway45599
That's total. I still have the American dream, don't think we are scratching the surface in terms of possibilities.
proberts
I would need to review the court and police records to see if a waiver is required but based on what you are stating, even if a waiver were required, you would get one (although it's a 6+-month process to get a waiver).
throwaway45599
Could you recommend an attorney in London I could speak to? I assumed I was a no go for a waiver.
tucif
Are there legal ways to be hired as remote worker for a company that only has operations in the US and live/work from another country? Edit: As a Non-Us citizen.
samstave
Edit 2: what if I am a US citizen but want to live in another country and work for a US based company remotely... how live as expat?
proberts
As a general rule, US immigration does not come into play for employment outside the US even if the foreign-based worker is an employee of the US company. Regarding employment abroad by US citizens, that will depend in part on the laws of the country where the US citizen is residing and tax treaties between the US and that country.
qaq
There are no legal barriers for this but few companies hire outside US.
sunir
One option is sole proprietor as a contractor. No benefits. Pay for your own equipment, office, telecom. Do your own payroll deductions. Ask for more comp in return.

As an independent contractor the client does not create a tax nexus in your country.

phaefele
Thanks for doing this Peter. I am currently thinking of accepting a US computer programming job (part in US, part in Canada) and am thinking of using a TN visa to travel back and forth (1 week per month in US, 3 weeks in Canada.) Do I need to be concerned about what might occur if Donald Trump et al decide to drop NAFTA?
proberts
Yes but I think that NAFTA won't be trashed and even if it were that some type of TN "visa" would survive.
quanglam2807
Hi Peter, I am a Vietnamese student studying in the US with the F-1 visa. Recently, together with my American partner we opened a startup using Stripe Atlas.

The visa doesn't allow me to work in the US so I'll go back to Vietnam in the next four months to work on the product. But when I go back to school, what is the best way for me to work legally? I know I can apply for OPT but it would take me up to three months to get approved. Is there a better solution?

proberts
There really isn't unless you wanted to abandon the F-1 visa altogether and move to the O-1 which would allow you to work full-time and go to school part-time.
throwawaygrant
My startup took a convertible note angel round. We were planning on raising another round, but then won a large grant. It will take us to profitability, and we don't plan on raising any more.

How do these types of situations typically resolve for dealing with note holders, when there is no longer any expectation of another raise or liquidation event?

proberts
Sorry but that's outside my area of expertise.
geff82
Hi Peter! I would like to move to the USA on an E-2 Treaty Trader visa. Problem: wife is Iranian (and so far only has such passport). She also owns some land in Texas. Any way for us to move anytime soon?
proberts
Yes, her Iranian citizenship doesn't mean that she can't get a nonimmigrant visa even under the current limited ban.
user-on1
Thanks for doing this Peter.

I came across a rule like this.

On h1b one has to get income only from visa sponsor and not from any other source.

What is the logic behind this rule? How does this benefit anybody? How does this impact anybody?

Does this rule mean after office hours one cannot even write a blog and make additional income using adsense?

richardknop
Hi. How hard is it to qualify for a L1B visa? Is the requirement to spend at least one year working in overseas branch/office of the company fixed or can it be relaxed in some cases?
proberts
Individual L-1B petitions are very tough these days. The one-year of employment with a related entity abroad is the minimum requirement but you also must demonstrate the possession of "specialized knowledge," an elusive concept which is subject to seemingly arbitrary decision-making by USCIS.
nyddle
Is there a way to remotely open a bank account in the US for a Delaware c-corp?
gragas
Yes? You can open a bank account on almost any bank's website.

Even my local bank in town will let me open a business bank account remotely.

nyddle
oh, I actually meant for non-residents
gragas
Open a bank account in your home country? Or is it destroyed by corruption and government greed?
qaq
Not a business account though
gragas
You are wrong. I am in the process of opening a business account remotely.
qaq
In the process sounds very nice which bank? (and are you a US citizen or resident?)
gragas
I'm a US citizen. Banks are very nice when you know everyone who works there.
smaili
Has the new administration impacted YC working with people here on visas?
proberts
There's really been minimal change to date. The biggest "change" was killing the startup rule.
pfarnsworth
I heard USCIS has cracked down on H1B percentages at companies, auditing companies with more than 15% H1B ratios. How has this affected the job market for H1Bs and H1B transfers?
proberts
It's more that USCIS is conducting more site visits but I haven't seen this as impacting the job market for legitimate H-1Bs or the H-1B process.
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rafikicoln
Thank you for doing this Peter! How does the H1B transfer work when switching jobs? How do I make sure that I can stay in the country while switching jobs and I don't have to wait 3 months to get an approval.

Thanks

coolsank
IANAL, but once your new firm applies for the new H1B petition (the H1B transfer is technically not a transfer, but a new H1B petition itself that is not subject to the cap), and you receive the receipt of your notice (usually take 2-3 weeks), you can start working for your new firm. There's no requirement to wait until it gets approved.
proberts
That's correct and you can even start working for the new employer upon confirmed delivery of the H-1B petition to USCIS< But there's risk with this of course. Unless there's a compelling reason, it makes sense to wait until the petition has been receipted in by USCIS and the filing fee checks cashed. But also note that you do not need to start working upon receipt; you can remain in valid status in the US while the petition is pending and only start working after it is approved.
coolsank
Hi Peter!, first off, just wanted to say thanks for all the help you provide here! Its nothing short of amazing!

I'm currently on an H1B, but I'd like to set up an ecommerce store with a friend. I understand that itself may not have enough grounds to get an O1 visa. Is there any other workaround for this scenario?

proberts
What's your country of citizenship?
coolsank
India
proberts
Then the O-1 and H-1B are your only options. While ownership/control is generally not an issue in the O-1 context, it is in the H-1B context so to proceed with an H-1B, you would have to cede ownership/control to your cofounder.
jlos
If NAFTA talks break down and the treaty is cancelled, what could happen to Canadian workers on TN visas?
proberts
My understanding is that there would need to be separate Congressional action to do away with the TN, which I personally think is unlikely. But if that happened, then the impact on those in TN status would depend on the details of the legislation doing away with the TN.
rafikicoln
Hi Peter, thanks a lot for doing this. My question is: assuming no processing wait for my nationality how long and how much $$ will it take to get an EB3 greencard sponsored by my startup company? thanks!
proberts
I'll share the costs offline but assuming no wait time, the PERM process is moving quickly now, so about 12-15 months.
kentosi
Hi Peter,

I'm an Australian on an E3 that's been approved for the H1B. Do I need to go all the way to Sydney to get sticker on my passport? It's a long and costly flight ...

I was hoping to be able to do it at an embassy in Canada.

Thanks in advance!

proberts
Not at all. You can go just about anywhere to get your H-1B visa stamp, Canada, Europe, South America, the Islands, etc.
kentosi
Thank you so much! I thought there might have been issues since this was my first time getting an H1B.
SirHound
As someone who is eligible for an Australian passport, I was going to get one on the understanding the E3 is superior as it would allow a spouse to come with and get a job. Is there a specific reason you're moving to a H1B?
samhoggnz
An E-3 isn't dual intent, there's no path to a GC unless you switch.
kentosi
Exactly. I'm converting to the H1B to get the GC.
proberts
That's not correct. An E-3 can apply for a green card. This is a common misunderstanding. There's no need to switch to H-1B.
kentosi
Sorry, this is contrary to everything I've heard and read. I thought non-intent meant that I can't apply for a green card?

I guess it would be too late now, but what's the process of getting a work-sponsored green card while on the E3?

Thanks so much again.

cletus
What you have to remember here is that you're dealing with the law. It doesn't have to make sense. Also, when people write about it, they add their own interpretation. Both of these can cloud and confuse the issue or just be downright wrong.

The issue yo uneed to deal with is when applying for an E3. It's described as "nonimmigrant intent" but what does this even mean? The actual form simply asks you "Have you filed an I-485?" An I-485 here (also called an Adjustment of Status or AoS) is about the last step in getting a green card.

This question is just one piece of information used by USCIS to determine if you have immigrant intent. But the USCIS also has a rule that answering "yes" to this can't be used solely to deny someone a visa. So what does this mean? Nobody really knows.

So while having filed an I-485 might in theory make applying for an E3 problematic, you can avoid this problem by having a "fresh" E3 when you file an I-485.

What is clear is that having an I-485 does not preclude you from filing an I-485. Nor does it prevent you from getting a green card. I speak from experience here (having gone E3 -> GC).

Being on an E3 will change the process slightly as in there will probably be a period where you can't leave the country and return whereas H1B holders don't have that problem. Also, depending on what examiner you get, you might get asked to sign a form waiving your treaty rights. This last one is typically used for those on diplomatic visas but those are in the E category. The treatment here seems to be inconsistent.

A competent immigration attorney should be able to walk you through all of this.

proberts
It's a longer discussion which I would be happy to have with you but there is no question that an E-3 worker can apply for a green card while in E-3 status. The short explanation is that the issue is intent at the time of admission and intent can change after admission.
kentosi
Not a problem. Thanks a million for all your help to us all here.
darrenmc
I'd be very interested to find out more as I always understood that there is no path to GC from E3. Others have also suggested that entering the GC lottery could jeopardize E3 renewal as it demonstrates an intent to become a permanent resident.
cletus
Sorry but this is incorrect.

I'm speaking as someone who went E3 -> GC.

tush726
What's the process to transfer an H1B for a future employee as a start up?
proberts
I;m not sure what you mean. Please elaborate.
anocendi
Hi Peter, thank you for doing this.

What are the steps towards citizenship after one got Green-Card via H1B -> Green-Card route under the current administration's laws? Are there any changes and new restrictions, etc.?

proberts
No changes yet and the naturalization process is generally very easy, 5 years as a permanent resident to qualify (unless married to a U.S. citizen for 3 years, then only 3 years to qualify). USCIS's web site provides very good information about the natz process.
SOLAR_FIELDS
My wife is a non-US citizen (Mexico) but has lived in the US for her entire life as a permanent resident. As in, she was born in a Mexican hospital but was taken directly across the border to her home in the United States when she was released to her parents.

It's my understanding that if she ever decides to pursue citizenship that it's generally easier to go the permanent resident qualification route vs. the marriage route. Is this understanding correct?

corpMaverick
As far as I know it is irrelevant. If she is a permanent resident and has lived in the USA for more than 5 years that 's it.

I am confused by your question. Are you sure she is a legal permanent resident ?

SOLAR_FIELDS
Yes, she is a green card holder.

My question is only whether the marriage route to citizenship takes more time, effort and money than the route of permanent residency for 5 years.

Chamuco1198
Hello Peter: I'm a U.S. male citizen who married a Mexican single mom. The child is a U.S. citizen as well. We're in the process of getting my wife a green card. Because of my job in L.A., and because my wife's business interests are in Mexico, we have a commuter marriage. She intends to stay in Mexico until we're empty nesters. Will that be a problem in the interview when getting her green card? Thanks much
proberts
You might have to do some explaining but in my experience, when a marriage is legitimate, even if the couple is living apart, the green card application always gets approved.
apsychas
Wouldn't the wife have to move to the US within six months once she's approved for the green card?
proberts
Yes, assuming that she went the immigrant visa route through the US Embassy in Mexico rather than the adjustment route through USCIS.
drcnyu
What is one critical thing that you think founder should know , which you think they don't ?
proberts
That O-1s and EB1A green cards are oftentimes within reach and that the E-1 or E-2 os oftentimes a great option.
tush726
Can startups hire people who have received their I-140 with a priority date? What all does the start up need to do to be able to hire such folks?
proberts
Absolutely. Startups are in no different position than established companies: you just need to demonstrate that there's enough money to pay the H-1B salary and run the company and enough work for the H-1B employee to do over the life of the H-1B validity period.