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

[proberts]

It's 9 months since the last thread, so time for another. Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

I'll be here for the next 2.5 hours and then again at around 11:30 am for another 2.5 hours. As usual, there are countless possible immigration-related 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!

Edit: I will be signing off now but checking in throughout the weekend for questions and comments I might have missed as well as new questions and comments. As always, it's been a pleasure and great learning experience for me. Thank you.

[pain_perdu]

Just wanted to vouch: Peter has helped me successfully obtain 3 complex visas over the years and has been equally successful getting visas for numerous friends.

Cannot recommend highly enough.

His advice has always proven solid as well.

[proberts]

Thank you!

[laurieg]

A slightly frivolous question but I'd like to hear your opinion.

If you were to design an immigration system from the ground up, how would you do it? How would you decide who gets work visas etc?

I deal with immigration to Japan a fair amount and while I feel the system is relatively favourable for workers it can be extremely capricious and opaque.

[mikekchar]

I'm curious what problems you've seen with the Japanese immigration system. Every time I've had to do anything it's been literally a rubber stamp type affair. I admit to not having to deal with any grey areas, though. I've always obviously fit the criteria for the visa.

[philip1209]

What should founders of VC-funded startups with no previous exposure to the immigration system know about sponsorships and associated costs while hiring?

[proberts]

First, make sure to ask the right questions during the hiring process so that you know, without crossing any discrimination lines, whether a candidate requires "sponsorship" and second, establish a relationship with an immigration attorney so that you can bring good candidates to his or her attention to determine whether sponsorship is possible and worthwhile.

[martin_]

Hi Peter, thanks for doing another AMA! I've been on an O-1A visa for over 6 years (from the UK), I currently half way through a 2 year extension and starting work on by EB-1 now. Have you noticed a significant change in adjudication, processing times or anything else of note in the area? What parts of the petition do you find get most scrutiny / are most important?

[jamonjamon]

Hi Peter — thanks for doing this!

I'm from the UK, working on a startup with a friend in the US (who is a UK citizen also, but immigrated to the US via their spouse).

Based on my research I'm considering applying for a B1 visa as a low friction way to have easy access to the states for months at a time, to collaborate on the startup in person. I have a few questions:

- Based on this information, is that a path you would recommend? We haven't incorporated yet, but will likely incorporate in the UK first, however any input is welcome.

- Thinking medium-long term, do you know if it's looked down upon by border agents to continually re-enter on a B1 visa? (e.g. multiple 2-3 month trips a year)

- While doing this, I'd may continue to do some work for a UK company to keep my personal cashflow rolling. That would be as a UK based employee, with UK based payroll etc. Would you imagine that to impact a successful B1 application?

Finally, is this a type of application you'd consider taking on? Thanks again!

[proberts]

While the B-1 would allow you to engage in certain business activities, such as setting up the business, meeting with potential investors and clients, etc., it wouldn't allow you to do "productive" work in the U.S. And yes, frequent travel to the U.S. as a B-1 visitor can raise questions with CBP about what you are doing (whether you are you working without authorization in the U.S.) and where you are living (whether you are residing in the U.S.) and cause significant problems. And yes, we handle these types of matters all the time. At a minimum, we could give you a lay of the land.

[practicium]

Hi Peter, thank you for doing this.

Have you read about the recent pushback to the reduction from 5 years to 15 months for the duration of E-2 visas delivered to French citizens? (revision of reciprocity schedule: https://fr.usembassy.gov/visas/nonimmigrant-visas/treaty-tra...)

In your opinion, is this reduction going to be confirmed ? If so, will it also impact the duration of E-2 renewals ?

Thank you

[proberts]

It's already done and will impact E-2 renewals as well.

[smitshah0014]

I'm currently on the H1B visa but would love to start my own company at some point and given that I'm an Indian national, I'm probably never getting a GC through the EB2/EB3 category. What are some of the visa options for someone like me who wants to start a business?

[proberts]

The approach is going to be very fact-specific so it's hard to say in general (and probably requires a phone call) but the options that many entrepreneurs/founders pursue are a concurrent part-time H-1B through their own company or an O-1 through their own company, although both of these come with their own issues and challenges.

[old_dreamer]

Thank you very much for doing this. Throw away account for obvious reason. In the US now; Originally from Taiwan/ROC. 40 years old. Basically Dreamer category but not young enough to qualify for DACA. Missed 245i as I was young and didn't paid attention. Didn't finished college. Other than my status(can't leave the country, can't fly easily in late 2020) doing pretty well in tech. Talked to many lawyers and doesn't sounded there is anything I can do right now. EB-5/E2 could be possible but not guarantee(risk vs reward). Anything else I should be looking into?

[el_dev_hell]

Sorry if this question is inappropriate. I emphasize with your situation as someone with a family history from a similar region.

How can you work in the US without residency? I'm in Australia, and it would be impossible to open a bank account or get employed without proof of legal residency. I might be naive, but I expected the US to be even stricter on this front based on their international image.

[proberts]

When did you initially enter the U.S. and in what status?

[godelmachine]

Hi Peter

I have been checking for this thread for almost weeks now. Glad you are back :)

My father is a naturalized US citizen. He got naturalized in October 2018 but he had filed for my Green Card in November 2017 itself. He told me I should get my GC by mid-2022, if everything goes right.

Based on current wait times, do you think I would get my GC by mid 2022? I would like to know your estimate.

Can you think of any political scenario that might affect my application?

Thanks a lot for this thread and effort.

[proberts]

Have you all notified USCIS that your father is a US citizen now?

[pkaye]

Did you check online. They have a estimated wait time for different category of visa based on relationship, citizenship etc. Also visajourney.com is a chat board where other people in similar situation track their progress so you can look up the trend there.

[satya71]

USCIS has quite a bit of information here: https://travel.state.gov/content/travel/en/us-visas/immigrat...

[rococode]

I'm at a very early stage startup and am preparing to make my first hire in the next couple months. To me, it would be ideal if I could consider people who aren't US citizens or permanent residents. But, given how often I see small-mid sized startups saying, "sorry but we can only hire US citizens/green card holders", it seems there are a variety of reasons (that I don't fully understand) that this may not be feasible.

Could you share some thoughts on what particular challenges there are in hiring people who do need visas, and if it's possible or reasonable for a very early startup with limited time and resources to overcome those challenges?

[proberts]

It's absolutely possible from an immigration standpoint (really no different from a large company) so I would definitely not shy away from hiring foreign nationals at all. However, depending on the visa type, there could be wage requirements and sometimes those can be a challenge for new companies.

[neivin]

What do you think of the "country of origin" segregation vs. citizenship.

I was born in India and raised in Canada. I'm never going to get permanent residency in the US based on employment.

Is the best bet just to get married to an American?

[proberts]

Yes, that is fastest way since there are no quotas but I'd also recommend looking at the EB1 category because even though it is significantly backed up for Indian nationals, it's still a lot faster than the EB2 and EB3 categories and oftentimes within reach of talented professionals.

[yvesmh]

Hi Peter, thank you so much for doing this.

I'm a Mexican currently going through the Green Card process, In the part where Form I-140 has been approved and form I-485 will be filled in October according to the company I work for lawyers.

Over the past 3 years, there have been layoffs in my department around October (start of Fiscal Year), last year the company let go key people that otherwise nobody ever suspected they would be laid off. I'm concerned this year I may get laid off, if that were to happen, how would my green card process be affected, considering I'm still holding a valid H-1B visa?

[proberts]

Is this a company-sponsored green card application? If it is, then protections won't kick in until you have filed your I-485 application.

[Myrmornis]

Hi Peter, I'm a UK citizen who has held a E26 Green Card for 1yr 9 months. My partner (US citizen, we are not married) and I both have remote jobs and we are switching between working 2 or 3 months remotely in Europe then 2 or 3 back working remotely from locations in the USA. Do I need to worry about this pattern of movements?

So approximately 50:50 split between US and Europe, but not more than 3 months at a time outside US, usually more like 2. We do not own property anywhere, nor do we currently have permanent rented property. She has family in the US, I have family in the UK.

[proberts]

You should be able to do this and keep your green card but you definitely should consult with an attorney.

[dferm]

Mr. Roberts, I appreciate your time.

My wife is a US citizen and I only have a US tourist visa. We want to move stateside. As her earnings for the last 3 years do not qualify her as a single sponsor, we wanted to use cash assets. How do we show proof of cash, and what are the stipulations? Is it a bank statement from my bank in my home country, do we have to deposit it in a bank in the US? Is there a time stipulation of how long the account has to be opened prior? I understand that my salary doesn't count, although it would meet the requirements.

[proberts]

Your salary can be used to meet the financial support requirement (but definitely consult with an attorney before applying because there are other issues that you need to be aware of as well since you are here in visitor status).

[curious12355]

Hi Peter,

I'm a Canadian permanent resident (Australian citizen/passport) I have a valid B1/B2 visa which allows me into the US for 6 months at a time, but obviously no work permitted. I have questions about what constitutes "work" and I don't want to break the rules.

1. I have published some books, and have hard copies of them I bought. Am I allowed to physically sell those (for profit) while I'm in the US?

2. If I give talks in public venues (community halls, etc.), can I charge admission for porfit? What about "admission by donation?"

Thanks very much!

[proberts]

1.) Really no but someone else on your behalf could. 2.) You can't charge admission but people could make donations to a third-party non-profit.

[ganeshkrishnan]

Surprised to see someone exactly like me. I am Australian citizen with a Canadian PR and US B1.

Pretty sure, I am not allowed to make any kind of money or get any government benefits on B1.

You could sell those books from Canada into US (either cross border shipping or amazon or 3pl)

[tkmo]

Hi Peter,

I was brought to the US as a child in 2001, my parents applied for permanent residence, were declined, but stayed anyway. I was then deported in 2008 after being arrested for petty shoplifting then reported to ICE. Was also arrested for a couple of other things around this same time (shoplifting, fighting) but never convicted of anything serious (I was a problematic teenager). Upon deportation I was initially given a 3 year bar, since I was deported about 8 months after my 18th birthday.

Since then, I have lived in my homeland in Europe, and am now almost 30 years old, and have had a clean record the past 11 years, except for one stupid incident in 2016 where I got in a street fight and got a common assault conviction (no jail time, just a few hours community service).

My dad is still in the USA (undocumented). I have worked in technology for the past 11 years, CTO of my own startup. My question is, what are the odds of receiving a US visa to visit, given my transgressions as a teenager (and very stupid mistake 3 years ago)? It seems I am not ineligible under the crimes of moral turpitude clause, and my bar for overstay was up years ago, but I can't imagine my varous misdeeds make for the best impression.

Unofficially if I were to apply for something like an E-1 (which, I understand would require investing significant money in the USA) would that increase my odds?

Are there any steps I can take to make it likely in the future that I can receive a visitor visa?

Thanks for your time.

[ebg13]

Hi Peter,

my wife is a foreign citizen currently on an OPT F-1 extension who travels a lot for research and conferences as she's a historian who works on other parts of the world.

We've been told that traveling during a green card application without urgent family circumstances basically voids the process. Is that true? Is there a safe way for her to be able to continue research travel while a green card application is in process or will it require her giving up archive trips for an unspecified amount of time?

[proberts]

It only voids the process if she travels after she has filed an I-485 application and has not received an advance parole travel document before traveling. But traveling on an F-1 visa after an I-140 has been filed, while it doesn't result in cancellation of the I-140 petition, is also risky. Definitely, consult with someone before you or she commence the green card process.

[betocmn]

Is there any country you think is doing a better job than the US in terms of skilled migration policy?

edit: typo

[aledalgrande]

Canada has a new program since last year which can get a tech worker in in a matter of weeks: https://www.canada.ca/en/employment-social-development/campa...

In general, imagine the opposite of US: you have a system where you can apply online for your permanent residence, without the need of a lawyer (I didn't use one), the time to finalize is 6 months to 1 year and during all the process you have a good idea of how long every step is going to take. And a score system where the more skilled you are the faster you get in.

All documentation is put online by the government in very clear writing.

[sampo]

> Is there any country you think is doing a better job than the US in terms of skilled migration policy?

The EU Blue Card (university degree, job offer with at least ~55k€ salary) is usually processed within a month, sometime in a couple of weeks.

[proberts]

That's a great question. I really don't know but I'd be interested to hear back from others. I know that early on in the current administration, Canada seemed to go out of its way to attract talent and investments.

[gtbcb]

Hi Peter - Thanks for taking the time to answer some questions! I've got some UK related questions... I hope they are factual discussion-related enough :-)

In order to sponsor people in the UK, a company must designate an Authorising Officer (AO) (https://www.gov.uk/uk-visa-sponsorship-employers/sponsorship...). I'm under the impression that this person is mostly a figurehead that signs off on things because the UK needs someone at the company to hold responsible, but that an immigration law firm handles pretty much everything immigration related as Key Contact and Level 1 User. What are your thoughts on how much it matters who the AO is? Eg must they be a manager?

Secondly, there's ambiguity about whether the AO has to be a UK citizen. After reading a good bit online and speaking with an immigration law firm, I don't think this is the case. Do you know?

Next, there are transparency concerns about designating someone as an AO. From what I understand, they would be able to see salaries of other people in the UK and some company financials (but nothing major that's not already shared with the UK and available on websites). Do you know what concerning info is shared with an AO?

Lastly, I know Brexit in theory complicates getting things setup to sponsor people in the UK, but should that prevent a company from working through the process over the past 12 months and for the upcoming 12 months? I doubt things are at a screeching hault at the UK "Home Office".

Any thoughts are appreciated, thanks!

[matthewheath]

The AO does not have to be a UK citizen, no. If such a requirement were in place, it would be made clear. They do need to be based in the UK, though, as well as meet all other criteria outlined by UKVI.

The AO should be the most senior person involved in all recruitment of migrant workers. In this case, it is usually a manager, yes.

Where are the transparency concerns coming from? What information would you NOT want an AO to access?

It’s impossible to say whether Brexit would impact this. In theory, no, but if the UK leaves without a deal, EU migration would be affected. Non-EU migration would remain the same.

Let me know if you have any other questions.

[proberts]

Unfortunately, I don't know UK immigration law. If you need a referral, email me separately.

[dreamer77]

Hello Peter,

I am a DACA recipient working in tech for 4 years now. I was wondering what is the best route for citizenship.

Also, due to my status will I have any issues trying to start a business?