I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
I'll be here for the next 5-6 hours. As usual, there are countless topics given the rapidly changing immigration landscape and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and I'll try to do the same in my answers.
Edit: I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.
485 comments
[ 3.0 ms ] story [ 311 ms ] threadVery familiar with the need for LEO dumping grounds, especially at the federal level, so that's been my working assumption but I've never asked.
A good Great Depression economic reset + insane facist government will reset that a little - but it will still be better than a huge number of places on the globe. Even if the gov’t targets immigrants.
A huge number of places with massive populations of people who would love to come over.
They are quite competent at their actual jobs, which aren’t the jobs you think they are.
Think DMV. Or your favorite shitty cable company ISP.
I have found Asian countries, Japan and UK the same as US when it comes to customs experience.
Edit: Typo
How often do you get a new curveball in the process? Though perhaps this is an unusual year to be asking that.
For the vast majority of people who violate their visas, they simply get sent to their home country. If you’re willing to remain in your home country out of fear of US policies, it’s very likely your home country would take you back and not disown you.
That is not due process.
https://www.supremecourt.gov/opinions/24pdf/24a1007_g2bh.pdf
The vast majority are being sent to nearby countries as well.
I was let go with just a warning for my "offense", but still the customs officer took my passport and make some note in the system. Should I expect secondary inspection next time I cross the border?
For example, you are allowed to withdraw your application to enter the US and leave the preclearance area. Additionally you are bound by different laws for search and siezure.
At this point I am only going to the US through preclearance areas because you are still on Canadian soil and bound by Canadian laws. That doesn’t necessarily mean that USBP won’t break those laws, but the Canadian courts get to decide if laws were broken instead of the US courts.
One thing I have not found a straight answer on yet is if USBP can compel you to unlock your electronic devices in a preclearance area. My current strategy is if I am asked to do that in preclearance I will withdraw my application to enter because Im not letting anyone access to my phone.
For example leaving the Schengen area it's obligatory to go through "exit immigration" and get your passport stamped. Leaving the US, you show your passport to the airline, but usually there is no formal immigration check at all.
- Arrive in Pearson
- go to passport control, scan passport at kiosk, kiosk spits out receipt
- you flash receipt to a border officer at the stairs out of passport control
- go to baggage claim
- get bags
- go to customs
- hand passport with receipt to officer at customs
- welcome to Canada
I haven't had that experience when leaving other countries bound for the US; like GP said, I've had to show my passport to the airline to board, but I believe that's to fulfill the requirement that they made good-faith effort to ensure I'm capable of entering the US.
I have not ever heard of that happening, but if I did hear about it happening to normal people (i.e. people without a criminal warrant) I would probably stop going to the US.
Driving across the border from the US back to Canada you don't talk to US border agents.
Flying from the US back to Canada you don't talk to US border agents.
There are massive data sharing agreements between US and Canada customs. US and Canadian sides can pull full criminal records, and a pardon means nothing. Exit data is shared in both directions as well.
EDIT: I do remember hearing some cases of being searched when leaving through land borders, but that's more of cars being searched for smuggling IIRC?
So it's basically the same, and you will have to apply for a proper visa.
I've been given hell by immigration about my TN when flying directly into US airports though.
You cannot be employed in the US under these conditions, but as a founder you are most likely doing things which are permitted:
* negotiating contracts * business meetings * board meetings * conferences * purchasing property in the US
I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan)
What are my options if I was laid off/company went under/perm cert rejected?
How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?
qq and i'm double checking what my own immigration lawyer has already told me just because i'm nervous on this point. Is filing the i-485 the point at which you can stay?
I've filed an i-485 via US spouse and waiting to hear back but the 60day period is looming and obviously nervous on this point.
TN status is conceivably something you could get without help from the employer (though even the smallest startup hired one to help me set up a package). What you need is basically proof that a company wants to hire you (offer letter), evidence that the company exists, and proof that you fall in one of the TN occupations.
I've been through this process many times, and I would always say yes and then mention with the recruiter (even if I had to explain that the process was basically "asking politely for permission at the border").
The underlying question that employers really care about is "will you be legally allowed to accept a job offer without unexpected expenses or delays". Even if you file through USCIS (and not petition at the point of entry), you can (should) have an answer in 14 days and ~2k in fees, which is 1) a drop in the bucket for any hiring budget, and 2) not impactful to a hiring timeline.
No portion of my initial comment should have been interpreted to mean that employers do not do their own due diligence after actually hiring someone.
Recent change to H1B allow organizations that conduct research "as a fundamental activity" to be eligible for cap exemption status. Can you kindly share your opinion on this?
Do the startups you work with fit this criteria?
“Here are the only documents I am legally required to show you.”
“I need to see a piece of paper with a random address and your name on it.”
“I don’t have that.”
What happens next? They are not able to not let you in.
* By law, the US can only issue 140,000 employment-based green cards per year, and no more than 7% to one country. This means people from India or China can face a 100+ year backlog, even after they have proved they qualify for a green card. There's no cap on marriage-based green cards.
* Processing times for many green cards (i.e. for people who have already qualified, but just need the physical green card), are 12-24 months.
* USCIS still expects many applications to be sent by mail. Some applications (like O-1s, EB-1s) require hundreds of pages of evidence, and it all needs to be printed out on 8.5x11" paper, for USCIS to scan it in on B+W scanners. This means that there is no error checking (e.g. on fee amounts), and if you have made a mistake, you might not know about it for weeks. Also, it means your petition cannot include working hyperlinks, webpages, or videos - the USCIS officer judges the petition by scrolling through a 400+ page PDF.
* The 'standard' post-graduate work visa is the H-1B. It's entirely lottery-based, not merit-based, and typically there are 400,000+ people competing for 85,000 visas. Many qualified people are forced to leave the US each year because they didn't get selected in the lottery.
No other country in the world requires foreigners to be significantly more qualified than its own population. You can move to France with a regular paying job no problem or just a few thousand euros in savings. Impossible in the US. You have to be extraordinary (they literally call their criteria, "extraordinary abilities") or you have to make top 5% money (so if you work in tech, that would be at least $500k-1M/year in many cases).
The only other way is to get married. This means there is a massive discrepancy between the qualifications of self made immigrants, versus those simply lucky enough to fall in love. It's pretty unfair, but that's how it works. But that's also the reason so many immigrants are so successful in the US, the bar is so high, that it creates a massive motivation to succeed to become eligible for the criteria.
The path is H1-B -> Green Card -> US citizen (I have done it), and to get H1-B your potential employer gotta post that $60-80k/year job and show that there were no qualifying US applicants for it.
There is no instant green card.
If a truly extraordinary Indian-born person (say a Nobel laureate or olympic gold medalist) files for a green card today, they will be waiting for 7-10 years to get a green card. At this point, it may be worse too, because this category's priority date has not moved a single day in 8 months.
Unless something has changed dramatically in the last decade this is patently false. Getting an EU work permit was historically very hard with employers having to demonstrate that a position can't be filled by an EU citizen before a non-EU citizen candidate can be considered.
In most European countries, once you're in, you can find a way to stay. One exception I can think of is Switzerland, which can be pretty annoying for temporary visas because they don't count for time accrual.
Austria has a pretty good system (RWR) that lets you job seek and is a pathway to permanent residency as a 3rd country citizen. I think there are similar programs in France and Germany.
For example "very highly qualified" in Austria is satisfied by almost anyone with a STEM degree, being under 35 and (amazingly) being an English speaker. If you have that initial visa, companies can hire you without worrying about sponsorship.
You could also use that as a route to the Blue card I think. I wouldn't say the bar is exactly low, but a lot of mobile people are sufficiently educated and are paid enough. As in, a typical European STEM salary would cover it.
But also the grandparent's comment is out of touch. Of course countries want people who are more skilled than local labor, that's the whole point. Aside from the benefit of attracting talent and higher tax revenue, it's much harder for your voters to argue that immigrants are taking your jobs this way.
Lots of info on the government website.
I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give your phone and password. Also, what happens if you refuse to do so? Is the worst case scenario that they will send you back to where you came from?
What if the current path means a permanent shift. What if this administration seems friendly compared to the next?
Short FAQ:
https://www.aclu.org/know-your-rights/what-do-when-encounter...
Dedicated article:
https://www.aclu.org/news/privacy-technology/can-border-agen...
> Refusal to do so might lead to delay, additional questioning, and/or officers seizing your device for further inspection.
Then, there's no point in denying device search?
[1]: https://www.aclu.org/know-your-rights/what-do-when-encounter...
This is not because I have something to hide, but because I have nothing to show. I don't have Facebook, Twitter or Instagram accounts, don't keep pictures on the phone (family pictures are downloaded on the NAS, I don't take other pictures), so there is nothing to show on a personal level, while the company I work for is a big, old US company and the content of the laptop is theirs, not mine, and it is nothing sensitive that even our business competitors would be interested into.
I case I would go there as a tourist, my only luggage would be my motorcycle helmet and a pair of gloves, I would rent a bike, buy a cheap phone with a local number and do road trips around the country. Not even a suitcase, so nothing to show. If they ask me about itinerary, that is a high risk for me because I use to travel across Europe without an itinerary, just a direction, they may not believe me, but old bikers don't go to a destination, they go wherever the road goes.
Wipe and dump burners before flight home.
Seems like asking someone to do this is just a good test to see the kind of individual they’re dealing with. It’s not practical to thoroughly search phones at scale and plus they know people can just have burner phones anyway. If you’re cagey and combative they know you’re a problem.
It's not actually about any form of screening. It's a power trip. Only the dumbest criminal or terrorist would bring an incriminating device across the border and have any need to say "no" to that request.
Which, stopping dumb criminals and terrorists is important and valuable and they do exist, but nobody applied to work for CBP in order to check the phones of dumb criminals. They applied because they have strong opinions about certain things.
Madness how this is being normalised now in the US
Not completely groundless, even if I could think of more than one way to construct a device, e.g. laptop, that boots up and still explodes, but hey.
So if you force someone to turn on their phone or laptop at security, you will hopefully force the decision point; even if the inspector cannot tell the difference, a terrorist is going to get real nervous and jumpy around activating the thing they intend to use as a detonator, in contrast to some businessdude activating his very ordinary mobile device.
1. An itemized list of every account they have and their passwords and any 2FA they've used.
2. Multiple forms of payment.
3. A photo gallery that, in many (if not most) cases, will have private content.
4. The contact information of everyone they know, who have not consented to having that information distributed.
I find the entire idea that it's acceptable for any barely-educated border agent having a power trip with no probable cause to demand this under the duress of rejection, repugnant.
Especially in a country where police officers are occasionally allowed to "have sex" with people they apprehend - it seems like there's nothing that actually stops a CBP agent from just stopping any attractive woman they happen to see and demanding their phone so they can find nudes.
Say no? Get deported, no legal recourse.
Get a burner phone! Upload your entire data to the cloud as well. Either you can store your phone in the check-in luggage or restore your data once you've arrived at your US location.
Carry a cheap burner phone with you, then.
Related: KPMG, Deloitte Ask Staff to Use Burner Phones for overseas travel -> https://archive.is/lml0L
My solution was to delete apps I didn’t want to be searched (e.g. WhatsApp) after having made a cloud backup, then enabling airplane mode.
CBP’s website [1] states:
> Prior to beginning a basic or advanced search, CBP Officers will ensure all data and network connections are disabled
And no, I wasn’t searched (thankfully!)
[1] https://www.cbp.gov/travel/cbp-search-authority/border-searc...
They can already hijack any phone number, so the only vulnerability you are giving up by crossing the border is the files, call log/sms, and accounts you bring with you.
I travel internationally all the time. I work with companies in China, Singapore, Japan, Australia, Europe and Latin America. Meaning, I know lots of people who travel internationally with great frequency. I have never heard from anyone having any such problems. Ever. Not during this administration nor others. Stop listening to idiots pushing false narratives. It's fear mongering. Not real.
Oddly enough, I have been asked more questions when travelling to Canada (Montreal) over the years than almost anywhere else. Nothing serious, thigs like "Why are you travelling to Canada?", "Where are you staying?", "How long?", "Where do you work?", "What's your website and business email?", "Who are you meeting with?", "What is their contact information?", etc. And, BTW, all of this at the standard entry passport check booth, not a side room.
Of course, it feels intrusive when it happens. I look at it as security theater. Just chill and go through the process. Being stupid about this can ruin your trip in any country. Unless you are a diplomat, you are not important enough to bother with. Picking a fight with entry officials in any country will result in bad things happening to you. Don't be that person.
To the point about security theater: Last year we travelled to Mexico on vacation. When we got to the hotel we bought a few supplies. A couple of the items were sealed the type of plastic packaging that you cannot possibly open with your bare hands or teeth. I said "I'll go to the front desk and see if they can let me use a pair of scissors". Without missing a beat, my daughter pulls out a pair of standard size Fiskars scissors from her luggage. Jaw drop moment. She went through security, full scan, and a pair of scissors made it onto the plane. So, yeah, security theater at its best. BTW, the scissors did not make it through security at the airport in Mexico when returning.
BTW, I have also hired Canadian engineers and we've never had problems. You just have to go through the process, hire and attorney and do it right. Which, BTW, is true anywhere in the world.
https://news.ycombinator.com/item?id=44006618
Yup. That's it. And the people running entry and customs at airports around the world are not necessarily the most capable and accomplished among us. I have lots of stories.
For example, entering into Mexico (Cancun), there are probably twenty passport check booths. The line for passport checks easily had 500 people in it. Every single agent left their station, with only one left to process 500 people. That remained so for about an hour. As could be expected, tempers were flaring and interactions with this one person, in some cases, where, well, less than ideal. No supervisor in sight. About an hour later five agents showed-up. It was horrible, the agents had an attitude and travelers were tired and angry. I've been going to Mexico for a decade, this was the only time I've seen something like this. Someone for whom that trip was their only exposure would likely come out of it with a very different perspective.
Here's another one. I won't name the country because this was a thing at a moment in history for them and no-longer the case for probably the last twenty years. When travelling to this particular country is was an unspoken rule that you had to put money into your passport (typically $100 per traveler) in order to gain entry without being hassled. If you did not, the consequences were in a range between having to pay serious "taxes" on your stuff to having some of your things confiscated (typically your electronics).
As I said in another comment, this isn't a black and white issue, it's shades of grade.
For first world entry they just depend on the fact the 1st world country is harsher on security than them so they don't bother. Might be different if you enter from Mexico's south land border.
People get worked-up about interactions at airports without fully understanding their context and realities. Just chill, don't argue, don't be an idiot and enjoy the trip.
Is that factual? Or has the media simply been covering it more due to their bias?
International Travelers Processed with Electronic Device Search
Fiscal Year Quarter Total Border Searches Conducted FY 24, Q1 10,937 FY24, Q2 11,273 FY24, Q3 12,090 FY24, Q4 12,658 FY25, Q1 12,092 FY25, Q2 12,260
(The U.S. 2024 fiscal year began on September 28, 2023)
To understand the scale, in FY25 Q2, there were 88 million entries.
So the assertion that 1) electronic searches are statistically meaningful and 2) they are increasing by any significance is just media-fed fear.
One ought to consider the UK’s Terrorism Act of 2000 — the police do not even need reasonable suspicion of a crime to stop and search a person, their vehicle, or electronic devices. https://www.hrw.org/report/2010/07/04/without-suspicion/stop...
You can also be arrested in the UK for the crime of insulting someone. https://www.bbc.co.uk/news/magazine-18102815.amp
1. Backup your device to the cloud (a different cloud than the default if possible)
2. Erase your device
3. Provide your empty / near empty device for inspection.
4. Load the backup after the airport checks.
It might be wise to update this with some basic changes, like creating fake accounts that are auto signed in on your device. Blank twitter account, blank gmail account etc.
This is such a risk right now, that me and my American partner decided to not travel to US at all until things change. Too bad we cannot see some of the family in there...
On average, min and max - how many H1Bs do a Seed/Series A,B startups have?
From your experience.
Thank you for your time, Naren
how long does 221(g) administrative processing take to complete in your experience? anything one can do besides waiting (Russian citizen working in tech, almost 1yr without adjustments)?
Enjoy.
They claimed a dog alerted on me. An anonymous dog, handled by an unnamed officer in the affidavit, which was used as 3rd party inter-species hearsay via a HSI officer to the assistant attorney and judge.
A dog did not alert on me. In fact it is against CBP policy to use dogs on a person, they are to be used on your articles.
In particular if it was entering the southern border by land, I heard CBP behavior is much more aggressive.
wow, what a horrible way to add insult to injury
"USCIS now permits separate legal entities, such as corporations or limited liability companies (LLCs) owned by the beneficiary, to file O-1 petitions on their behalf. This change provides a significant advantage for entrepreneurs and self-employed professionals."
I am interested if it actually works in practice.
I'm a US citizen born abroad - I got my citizenship via (I believe) INA 320 when I was a child. I have a US-born father who was not eligible to pass on his citizenship at the time of my birth. I lived in the US for most of my childhood up until ~2015 (initially as an LPR), and at some point, I obtained a US passport.
I don't have a certificate of citizenship, only a US passport. Given the way the US is going, I'm concerned that one day I'm going to apply renew my passport or otherwise have to prove my citizenship, and I'm not going to be able to sufficiently document it. Is this a real risk? Would you advise applying for a CoC in my circumstances? Am I even eligible to apply for one given that I live abroad? What other steps if any should I take to protect my status?
If good documentation and good behavior won't protect you, then that leaves trying to avoid being in the front page of search results.
The amount of time the parent has to have lived in the U.S. varies but usually it’s 5 years with at least 2 years after the age of 14.
If they don’t automatically pass it on and they want to move back to the U.S., they need to apply for green cards for their kids.
Since 2001, anyone under 18 who has a green card and lives with a U.S. citizen parent becomes a citizen automatically by process of law, under INA 320. Unfortunately documenting this is not automatic. A lot of people who came before 2001 don’t even know that they’re citizens. The application for a certificate costs a lot of money, so often parents tend to skip it if they don’t feel it’s necessary.
See below for the residency criteria.
https://travel.state.gov/content/travel/en/legal/travel-lega...
INA 320: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter...
i.e. will you need to renew it under the current, or next, admin?
What is the best option i have? Is E2 an option?
The answer to the above should give you some idea what's likely to happen, and what CBP has flagged you for, if anything.