I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA - <AUTHOR> Time for another AMA. Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.
I'll be here for the next 5 hours. As usual, there are countless possible immigration-related topics and I'll try to respond to whatever questions you ask but as much as possible I'd like to focus on issues related to the pandemic and the corresponding travel and visa bans and suspensions, office closures, etc. 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! <comment><AUTHOR> I'm signing off now but I'll be checking in again tomorrow morning and responding to anything I've missed or any new questions/comments. If you posted something and I missed it, please re-post. Thanks.

</comment><comment><USER3> Hi Peter,

I work for a large tech company that has recently announced internally that they will be putting all PERM filings on pause indefinitely. The reasons cited are:

— The 10-day in-house job posting is of dubious quality now because there is no one at the office to to see it (it's closed and empty because of Covid), and they believe the Department of Labor may notice this and refuse applications.

— Because of the current administration's outlook on immigration, they're worried that more filings will be audited/rejected, which could lead to more oversight on future filings for the company, making things more difficult.

They said a number of times that pausing all PERMs is a proactive measure — there have been no issues so far, but they want to make sure there never are any.

The basic premises seem to make sense, but it puts all of us running through the process in a difficult position. They wouldn't give any timeline for how long such a pause would last, but reading between the lines with office closures, it seems that it would last at least all of 2020, and probably well into 2021.

My question: Is what my company doing reasonable, or is it more of a situation where they're adopting a very conservative stance to reduce their own risk down to zero, even at the cost of putting all its employees into immigration limbo?

Thanks!

<comment><AUTHOR> Really both. First, your company can post the notice of filing electronically so that's not a real issue. But yes, there's a chance that PERM filing will be scrutinized more closely and audited and denied with greater frequency. But that hasn't happened yet so I guess in the end I don't buy that approach. I just don't think it makes sense to base decisions on things that might happen.

<comment><USER4> > _PERM filing will be scrutinized more closely and audited and denied with > greater frequency. But that hasn 't happened yet_

Interesting to see you think that way.

My wife recently got her PERM application denied. The reasoning was that the in-house job posting did not include the salary for the position. We think it was a clerical mistake on part of the company attorney and we are trying to move on by looking at other options.

However, last year her colleague obtained PERM with the same job posting template. It gave us the impression that indeed the PERM filings are being scrutinized and denied with greater frequency.

<comment><AUTHOR> The notice of filing must include salary information.

<comment><USER5> Would posting this on internal Wiki & publishing the link to all employees a reasonable alternative during COVID?

</comment></comment></comment></comment></comment><comment><USER6> I have a job offer from Microsoft in Vancouver and might move there after the pandemic ends. I am Indian citizen residing in India. The main challenge however is that I am disabled (quadriplegic) and I would be needing a caregiver to travel with me to Canada. I understand that there used to be a caregiver visa, for Canada, which was discontinued back in 2019.

So my question really is, is there a way in which I can bring a caregiver from India to Canada? I know one option is to hire a caregiver from Vancouver itself but it's really going to be difficult, because of the language barriers and the understandings. They are an important part of my life and I cannot function without someone who I can completely trust to live-in with.

Another option would be to take the caregiver along with me on a visitor or tourist visa, but in that scenario, they are not allowed to work in Canada.

I am really looking for solutions here and I don't want to give up on this amazing opportunity of migrating to one of the most amazing countries in the world with high standard and quality of life.

<comment><AUTHOR> I can't comment on Canadian immigration but I can share the names of some good providers in Canada if you'd like. Just email me.

<comment><USER6> Sure, that will be great. How to email you?

<comment><AUTHOR> I believe that this can be obtained from Hacker News.

<comment><USER7> I am emailing you about this same topic - I just don't want it to look like spam.

</comment></comment></comment></comment></comment><comment><USER8> German citizen here.

Q1) What is (/are) the easiest path(s) to start a company in the US and/or seek funding there for Europeans? How costly is it?

Q2) If there's already a company registered in Germany for example, how costly (approximately) is the process to "register a subsidiary" in the US (required for YC), and how would the visas work? (Would spouses be allowed and be able to get a working permit?)

<comment><USER9> Q1) starting a LLC in Delaware/Nevada <$200, renting a P.O.Box that scans incoming mail <$100/year. You can't start an S-Corp (but you can tax a LLC as S-Corp) and starting a C-Corp can get very expensive (tax based on the number of shares). Most VCs require a C-Corp. Angels might be fine with an LLC.

<comment><USER10> I've always thought converting an LLC to a C-Corp is either not possible or prohibitively expensive, even for a growing startup. Is that the case?

Also Nevada? That's new to me!

<comment><USER11> LLC to C-Corp is easy and inexpensive.

There can be huge tax consequences of going the other way around, though.

I've been involved in several startups which enjoyed favorable tax treatment as an LLC, and then converted to a C-Corp upon the first round of outside financing.

</comment></comment></comment></comment><comment><USER12> Hey Peter,

Thank you so much for doing this!

Im a German citizen living in Mexico. Since I have been to Iran I no longer qualify for ESTA and had to apply for a visa at the embassy here in Mexico City to visit the USA. My visa has been in processing for 2y now and I have not received any response other than "still in processing, we will be in touch". What do you recommend? Is there anything I can do to accelerate this? Or withdraw the application and apply from Germany?

Thanks a lot!!

<comment><USER13> Never heard about not being eligible for ESTA after having travelled to Iran. WTF? What kind of weird rule is that?

<comment><USER14> And you did not use the two passports trick - common if you are Woking in the middle east ?

<comment><USER12> 2 passports only help for situations in which they really only check entry/exit stamps in your passport. In this case, when applying for ESTA, you explicitly have to declare that you haven't been to the above-mentioned countries and therefore qualify. If you tick the wrong box, its quite possible that they i) either reject your ESTA application ii) or reject entry to the country on arrival and in both cases that significantly dampens your chances of ever getting an ESTA/Visa again.

<comment><USER15> I wouldn't be surprised if that is considered a crime punishable by imprisonment. Would claims made in ESTA application fall under this: [https://www.law.cornell.edu/uscode/text/18/1546](https://www.law.cornell.edu/uscode/text/18/1546)

<comment><USER16> How would that work? Surely, if they knew you'd lied they'd refuse your visa so you couldn't travel to USA. If they didn't know they would, possibly, give a visa; how would they later find out you'd lied if they didn't know in the first instance? Do they go and re-check visa applications? Do they lie and give visas to people just so they can lock them up for falsely acquiring a visa??

Didn't the current First Lady falsely immigrate, lying about work or something, so it can't be that much of an issue to lie in your paperwork or she would have gone to prison??

<comment><USER15> Like almost all crimes, they wouldn't care to prosecute most people. Tax avoidance is a crime. What percentage of people who lie on their tax returns get prosecuted anyway?

But if you are one of the unlucky few whom they decide to prosecute, you will have a bad time. Read the articles about Sirous Asgari. I don't have any good articles which tells the whole saga, but use this as the starting point and search more on the internet: [https://www.theguardian.com/world/2020/apr/28/iran- scientist...](https://www.theguardian.com/world/2020/apr/28/iran-scientist-us- detention-coronavirus-sirous-asgari)

Recap of the saga:

An Iranian university professor (who had previously studied in the US and has ties to the US) requested a US visa. It was granted. Hew was arrested as soon as he entered the US. He was charged with wire fraud, visa fraud, and stealing trade secrets. After a lengthy trial, 2 years later, he was cleared of any charges and acquitted. But then ICE took him into custody because they had revoked his visa and he was in the US without a valid visa (please note that he had no choice in this, as he was forbidden from leaving the US while the trial was proceeding and he was taken into custody again immediately after the trial concluded. Real catch-22). Then he spent a couple of months in ICE custody and his frequent requests to be sent back to Iran was denied. He got infected with COVID-19 during this time. And finally in June, he was deported to Iran.

And this is the case of someone who was innocent. Imagine what would have happened if he were actually guilty. They gave him a visa so they could arrest him and charge him with visa fraud (among other things). Even when he was acquitted, he spent more time in jail because they retroactively revoked his visa. And most important of all, none of this even made front page. This is not one of those WTF cases that are so rare you might as well ignore them. Following the news on this over the years, the tone was always "yeah, nothing special about this case."

<comment><USER17> Just a small nit, but tax evasion is a crime. Tax avoidance is normal and expected.

<comment><USER15> Oops. Yeah, you are right. That's what I had in mind.

</comment></comment></comment></comment></comment></comment></comment></comment></comment><comment><AUTHOR> I'll be taking a break now for about an hour. Anything I can't respond to today I'll respond to over the weekend. Thanks.

</comment><comment><USER18> Is it risky to change jobs on H1B with an I-140 approved right now? Both in terms of H1B transfer and especially a new PERM filing since a lot of Americans are out of jobs right now. Have you noticed or do you anticipate PERM filings being difficult?

Thanks for doing this, Peter!

<comment><AUTHOR> To date, because of the pandemic and job loss, I haven't seen any change in H-1B or PERM processing (and in fact I would argue both have improved in recent months) but it's possible - even likely - that PERM processing will be impacted because of the job loss.

<comment><USER18> If I changed jobs and transfer went through, I'm still able to get an H1B extension with an already approved I-140 even if the new PERM filing is impacted, yes?

Thanks again!

<comment><AUTHOR> Yes, that's correct.

</comment></comment></comment></comment><comment><AUTHOR> I can see that I am getting a lot of questions about options to move to the U.S. The answer is going to be very fact-specific - tied to your background/achievements. If you would like me to assess your options, please email me your CV.

</comment><comment><USER19> My question is related to green card holders that went back home to spend quarantine with family.

Can they lose the green card if they spend too much time abroad? How long can they safely stay abroad before losing the GC?

For people that want to get citizenship through green card. How long before their clock resets? How likely is the gov to understand quarantine as a good reason to stay abroad?

<comment><AUTHOR> Yes, it is possible to lose a green card if one spends too much time outside the U.S. but there are steps one can take before leaving the U.S. to protect one's green card (that is, apply for a reentry permit) and steps one can take to reactivate a green card if stuck outside for a very long time (more than one year) (that is, apply for a returning residence visa). There is no exception to the reset - one year continuously outside will reset the residence clock for naturalization purposes.

<comment><USER19> Yes but that process is very unfriendly. First you need to know you are going to spend over 1 year abroad. Since you can only apply before you leave. Second it takes month to approve and costs 500+ USD to apply for that permission.

If you left without the intent to stay longer than a year and had to extend for unforeseen circumstances (say a global pandemic heavily reduced air travel options) than you are out of luck.

For me it would be more convenient to spend 6 months abroad and then a couple months in the US then go back and spend another 6 months abroad.

If I do that technically I'm complying with all the rules and my green card should be safe while also not reseting my clock for citizenship. But the USCIS seems to be a bit vague on what would happen if I did that.

<comment><USER20> > But the USCIS seems to be a bit vague on what would happen if I did that.

That's because the CBP officer who evaluates your request for entry on a permanent resident visa has the discretion to say that you are "likely" residing elsewhere and "remind"/"advise" you of the requirement to be permanently resident inside the United States in order to keep PR status.

The six month rule is less of a rule and more of a presumption but if a CBP officer sees a series of entry stamps all hovering around that six month mark, the officer can make that note and the next officer might declare that you've abandoned PR status and you'd then have to go through the process overcome that.

<comment><USER19> That makes sense the system would be setup like that.

I'm not trying to game the system, but these are weird times. I wish USCIS was a bit more flexible during these times to avoid unnecessary travel and let people quarantine with family while maintaining status.

</comment></comment></comment></comment></comment><comment><USER21> I've anecdotally heard that it's possible to go from a TN -> Green Card. Light googling is pretty mixed on the subject; one side takes the stance that it's strictly not possible and the other says it is, but a risk.

Can you comment on your take? Is it possible to do this, what are the risks, and would you recommend it vs. trying for the H1B lottery?

<comment><USER22> Not a lawyer, but somebody who went through the greencard process.

The answer is yes. Same for E3 (for Australian).

The risk is once your company files I-140 petition (petition for immigrant workers), you might be denied entry if you leave the US. It's hard to prove your non-immigrant intent... So if you have less than a year on your i-94 it's risky (i-140 takes a while these days to process - mine took 1 year). It would take a few more months to get the EAD and advance parole document before you can travel internationally. So consider these factors as you will have to miss visiting Canada in the meantime.

My friend who was on E3 went through this and his i-94 was running out so he was told he might not be able to work while the application is still pending (the company did offer to continue paying him though, which was nice).

H1B lottery is safer, but the chances are low. If you have a committed employer + stable job then I'd go with the adjustment of status route.

<comment><USER21> Ah interesting. This makes me wonder if now is the optimal time to try this given that going back to Canada is less appealing.

It's also interesting that your friend managed to stay in the country despite his i-94 running out. I didn't think that could be done.

This gives me a lot to think about, thanks!

<comment><USER22> > friend managed to stay in the country despite his i-94 running out.

His adjustment of status was pending so there's a grace period (check with your lawyer). He was basically waiting for his EAD/Advance Parole card at that point!

<comment><USER23> (IANAL) Once your I-485 is pending you can remain in the US for as long as it remains pending, on that basis. [1]

Most people also file an I-765 and I-131 alongside the I-140, I-485 and I-693 forms, and once approved, you'll be issued an EAD/AP combo card which entitles you to work in the US and return to the US on the basis of the pending I-485. This travel and employment eligibility is separate from any previous E-3 or TN status.

Once you file, you no longer have to maintain your previous nonimmigrant visa status, but if you don't, a rejected I-485 would subject you to immediate removal. If you do, you can return to your old status.

[1] [https://citizenpath.com/faq/maintaining-status-after- filing-...](https://citizenpath.com/faq/maintaining-status-after- filing-i-485/)

</comment></comment></comment></comment></comment><comment><USER24> If someone on H1b wants to create a business, a non profit, or just wants to freelance - what are the options available to them?

<comment><AUTHOR> There's no option to freelance while on an H-1B visa and the options to work for another entity concurrently - that is, to get paid by another entity - <USER2> very limited and self-employment is generally prohibited. That being said, preliminary steps to create a business or to volunteer for a non-profit are allowed.

<comment><USER25> Thanks! Can you please provide any further links (or keywords to search for) regarding the 'preliminary steps' that are allowed?

<comment><USER26> Thank you! I was going to ask the same question.

Also, once the business set up..what if it generated profit as h1bs are not allowed to get paid by other entities..

<comment><AUTHOR> Really complicated and nuanced stuff unfortunately. What's clear is that one can incorporate, get office space, build a product, and even get funding and that one can't get paid cash for work done. Everything else in between is nuanced, such as generating revenues if not taking a draw or cut. I'd be happy to talk this through with you and anyone else but my general approach is that once the business is real (not a great definition, I know) and not just a hobby or side project, one needs to get work authorization.

<comment><USER27> Thanks for doing this, Peter.

My I-140 is approved and my wife has an EAD. Are there any restrictions that would prevent her from opening an LLC and getting paid for her freelance work through it?

</comment></comment></comment></comment></comment></comment><comment><USER28> I'm a Canadian residing in the United States and have been on a TN for a few years and was selected in the H1B lottery this year.

Would the visa ban prevent me from re-entering after October when I receive the H1B? Would it also prevent me from switching jobs before January when it expires?

<comment><USER29> Visa ban doesn't affect Canadians.

[https://twitter.com/gsiskind/status/1275913510145462272](https://twitter.com/gsiskind/status/1275913510145462272)

<comment><AUTHOR> That appears to be so because Canadians are visa exempt but there's been no explicit statement/clarification of this by the government.

<comment><USER29> Great point. This could be changed or clarified at any moment.

</comment></comment></comment></comment><comment><USER30> I'm an American citizen, but many of my current and former colleagues have moved here from other countries. On a number of occasions, those colleagues have explained something about their own immigration process. The current system is crazy.

What is the likelihood of process simplification? What are some groups that are pushing for concrete, attainable steps to simplify the process?

<comment><USER31> I moved back to my country (India) after more than a decade in USA because waiting list for my country was about 150+ years. I went to a good grad school, worked at big cos, was generally focused mostly on my work and well respected to the extent i know. It is unfortunately not my mistake that my country has 17% of the world's population and almost #1 or #2 waiting list in Green card applications.

I had to follow rules as i worked at a Big Tech company. However many folks who worked for smaller sweat shop IT firms which are generally scammy in nature got their green cards as they were given designations of manager or filed under separate priority designations. Big Tech company like mine followed all rules strictly so bending or interpretation was out of question.

It is just the way it is, i do not complain. I understand the need for a more merit based overhaul. So many shades to the story though. I have seen many people getting diversity lottery just by virtue of having a family member in USA. I have seen people from lower populated countries getting green cards much faster and doing simple jobs like working at Walmart without complaining.

I think clear policy is helpful, either it is merit based or it is not. Merit is very difficult to define as well.

<comment><USER32> > I have seen many people getting diversity lottery just by virtue of having a > family member in USA.

AFAIK the diversity lottery is random and doesn't take family members into account.

</comment></comment></comment><comment><USER33> Hi Peter, I am an Indian citizen on an H1B. Recently, my H1B was extended and so I have the I-797A. However, now the H1B stamp in my passport has expired. I would like to travel outside the country in the fall, but it seems like traveling back to India to get a stamp is not a possibility. What are my options to get my passport stamped? Or should I not even bother taking such a chance and stay put?

<comment><USER34> While I agree that Peter's suggestion is the safe thing to do, based on the following tweet from the official account, if you were in the country legally on 06/24, the proclamation doesn't seem to apply.

[https://mobile.twitter.com/TravelGov/status/1285331446232743...](https://mobile.twitter.com/TravelGov/status/1285331446232743938)

<comment><USER35> Being exempt doesn't help in practice when consular offices are closed.

</comment></comment></comment><comment><USER36> Hey Peter - It seems that almost 2/3 of the USCIS staff will be furloughed starting August 3rd. What is the likely impact on processing times? Also in particular, any insight on adjustment of status applications?

<comment><AUTHOR> If that happens, then I think premium processing will be suspended and the processing of any application or petition by USCIS will take forever; I think USCIS effectively will come to a halt.

<comment><USER17> What will happen to those filing an I-751 if USCIS is basically shut down for a while due to a furlough? Will there be any special considerations for those who may have to file during the time the USCIS is operating at minimal capacity?

<comment><AUTHOR> I'm sure that filings will be accepted and receipt notices eventually issued; it's just that decisions/approvals will take forever.

</comment></comment></comment></comment><comment><USER37> Can you speak at all to how a US based company that is 100% remote should hire "employees" in various countries? Today we make most of them contractors, but are trying to understand if there is a better method. It seems particularly difficult especially when we only have 1 person in a given country.

<comment><USER23> This is what PEOs exist to support. Here's an example: [1]

[1] [https://peoworldwide.com](https://peoworldwide.com)

<comment><USER37> Thanks! I will definitely have to research this.

<comment><USER23> Yeah they're cool; basically they take on your employees full-time and subcontract them back to you. This way they're fully papered up, and can even provide benefits. They're not the cheapest way to go, but once you have a big enough presence in a foreign country you can always open up a local office of your own and transfer them over.

</comment></comment></comment></comment><comment><USER38> Hi Peter, I know I'm commenting a bit late but just wanted a bit of advice. I'm a Canadian employed by a US company, living in NYC at the moment. Since the pandemic hit I've been working remotely and will be for the foreseeable future.

I wanted to move back to Canada until we're back at the office so I can be closer to my family as it's been incredibly lonely working here in isolation, however my employer is saying I can only visit for up to 6 weeks. I'm just wondering what grounds do they have for enforcing this? And also, what is the worst that can happen if I just stayed in Canada for a few months?

</comment><comment><USER39> How to satisfy the PERM physical notice posting requirement when all offices are closed due to CoViD (keycard access is revoked, all employees WFH)? Is it enough to post it in an empty office and/or electronically on the intranet? What if the office never reopens, or not anytime soon?

<comment><USER40> I think along with the physical office, you also have to post it in journals/job boards etc., I think it should not be impacted, but will wait for proberts to respond.

<comment><AUTHOR> The requirement to post a notice of filing either physically or electronically hasn't gone away because of the pandemic although the DOL has relaxed the requirement. One solution is to post electronically if a physical posting isn't an option.

</comment></comment></comment><comment><USER41> My wife moved here last year on a K-1 Visa and currently has her EAD while awaiting her green card which has been delayed even further than normal due to Covid-19 office closures.

She's a data scientist and has had numerous interested recruiters call her only to ask if she has a green card. When she states she has an EAD and IS awaiting her Green Card they say that's not sufficient and end the conversation. Is this legal? Seems like discrimination and is extremely frustrating for the both of us.

<comment><USER32> This should be illegal [https://www.uscis.gov/i-9-central/employee-rights-and- resour...](https://www.uscis.gov/i-9-central/employee-rights-and- resources/preventing-discrimination)

My wife had the same experience during our green card process when she was on an EAD and a company said they couldn't proceed until she got her green card. Now, I don't think it was on purpose. The person she was talking to was young and, while most Americans know what a green card is, probably very few know what EAD is so they'll just default to the safe answer.

Your wife should probably answer with "I have legal work authorization in the US" and leave it at that. Really, this is what the recruiters should be asking as well, not whether or not she has a green card.

</comment></comment><comment><USER42> For people in the US who are on H1- B and also aren't eligible for an E-1 visa, other than O-1 is there a different immigration path to founding a company in the US?

<comment><AUTHOR> That's really it.

<comment><USER42> Thanks for responding :) I hope future administrations take the idea of a startup visa seriously.

</comment></comment></comment><comment><USER43> For international students in the USA who are looking to found a company, what's the path look like immigration wise?

I know you can go down the H1-B, O-1 or Green Card route, but what do you commonly advise?

<comment><AUTHOR> Do you mean while a student or after you graduate?

<comment><USER43> How about both cases.

As a student you're on CPT and OPT. And after you graduate, OPT.

Is there a huge difference?

<comment><AUTHOR> You can't work for your own company while on CPT and you can while on your first year of OPT and with some additional restrictions/requirements you also can work for your own company while on STEM OPT.

<comment><USER44> Can you please tell us more about the STEM OPT restrictions/requirements? I am exactly in that position right now!

</comment></comment></comment></comment></comment><comment><USER45> This might be a strange question, but I'll give it a shot anyway.

Amongst myself and a number of friends (whom work in tech), we've observed a similar difficulty with meeting and employing lawyers for either personal- or business-related issues. We all seemed to arrive at the same conclusion that we don't know any lawyers personally, they don't seem to be part of our extended circle of acquaintances, and are difficult to find locally and evaluate their ability to handle whatever the need is, without shelling out a decent sum of money upfront.

Maybe this is unique to us, or maybe others here have experienced this too (please chime in). I suppose what I'm asking is what are good ways to find local lawyers with the right specialization (most of the half-decent recommendation services I've seen online are paid services). Also, where are y'all hiding? Can I buy one of you a beer?

<comment><USER46> Excuse the brevity, and I don't mean to sound harsh, apologies in advance.

Presently doing two legal things that involve legal experts.

So anyway, from my experience:

No, you can't buy your lawyer a beer. Your lawyer is _not_ your _friend_.

No lawyer wants to give you anything resembling advice, or even commentary lest it be construed as advice, for free, out of contract, over a beer.

> without shelling out a decent sum of money upfront.

You've answered your own question.

We don't ask doctors and dentists to "come round for a beer wink wink nudge nudge", so stop asking lawyers and tech people for free advice too.

<comment><USER47> No we don't, but I also have a really hard time finding physicians and dentists that I like and trust. It's not about getting work for free, it's about trust.

<comment><USER46> That's a fair point.

</comment></comment></comment></comment><comment><USER48> Hey Peter, thanks in advance.

I've been on an H1B for 4 years now and have had Greencard filed a few yrs ago. I've been working for almost 5 years and want to take a longer time off, two or three months sabbatical/unpaid leave.

I would still like to stay in US (my parents live here). Is this possible? Will I lose my visa or greencard status?

<comment><AUTHOR> What's the basis for your green card? Do you have a pending I-485 application?

<comment><USER48> I have an employment based green card; I got the Perm and have an approved I-140.

</comment></comment></comment><comment><USER49> Have there been any substantial strides made on merit-based immigration as a partial alternative to the current H1B status? How would that affect the current startup ecosystem?

<comment><AUTHOR> No real movement on this as far as I am aware. But what has been proposed would completely transform the U.S. immigration system.

</comment></comment><comment><USER50> I am a Canadian technical writer who is also a programmer and a graphic designer. Is it easier for me to work in the states through a TN visa (which specifically mentions technical writers)? I've never tried looking in the US but I've always wondered if that would help ease some of the visa issues.

<comment><USER51> You should choose the TN occupational category that will fit your job description and experience/education best.

<comment><AUTHOR> That's correct and the occupations that I/you listed are all solid TN occupations - meaning generally there's no issue getting them if you also have the appropriate corresponding education.

</comment></comment></comment><comment><USER52> I met someone recently from one of the countries south of the US border that came to the US as a kid. Very talented and hardworking but undocumented. She may be here on the Dream act, but I did not feel it appropriate to ask at the time. Currently she is doing a masters degree in mechatronics and robotics. Schools are are not allowed to ask about status, so she is taking the opportunity to invest as much as possible in her education, however given her skills she also has the ability to earn well.

I was fortunate to be born as a citizen in the US so I don't know how to navigate such issues. As I understand it, it is a minefield for a company to hire undocumented workers, even if they are highly skilled workers. Are undocumented individuals allowed to start companies? Does YC have a stance on this from an investment perspective?

<comment><USER53> FWIW: there is no DREAM act, it never passed. DACA is an executive order, not a law, and (somewhat hilariously in context) it remains in effect, allowing undocumented immigrants who arrived as children to get a renewable work permit.

That permit allows someone to live and work in the country. Anyone can hire her as long as she has it.

As far as starting a company: that's an interesting question. That's not an employment issue. My guess is that even people without work permits could _found_ a company, as foreigners are always allowed to hold property in the US. But having done so, I guess it would be possible to prohibit the founder from working for their US company from within the borders? Would love to hear the poster chime in on this.

<comment><USER54> To add to this DACA could have been repealed in the recent SCOTUS ruling but due to improper legal proceedure it wasnt cancelled. I don't know if anything else would threaten DACA.

<comment><USER53> That's not right. They didn't rule on its legality at all (though they have in the past, in other cases, and let it stand as it exists). They ruled that the executive branch (under Trump) has the authority to cancel the EO written under the Obama administration (which is sort of a "duh" thing, of course it does), but that the justification provided for the action was arbitrary and capricious (in the technical sense defined by the Administrative Procedures Act).

Loosely: any president can undo any executive action by a previous president, but you can't chuck a law simply because you don't want immigrants in the country.

Really all the Trump administration needs to do is write up a reasonable plan for rolling this back and they can do it.

<comment><USER54> [https://www.scotusblog.com/2020/06/opinion-analysis-court- re...](https://www.scotusblog.com/2020/06/opinion-analysis-court-rejects- trump-administrations-effort-to-end-daca/)

> Roberts then went on to the second step in the court's inquiry. The Duke > memorandum, he observed, concluded that DACA was illegal and should be > terminated because it made DACA recipients eligible for benefits such as > Social Security, Medicare and the ability to work legally in the United > States. Roberts declined to weigh in on whether the Trump administration was > correct in concluding that DACA was illegal

I suppose we are in limbo here

</comment></comment></comment></comment></comment><comment><USER55> Has the current political climate affected Canada to US TNs or are they still being issued as before? Any particular port of entry that you'd favor/avoid?

<comment><AUTHOR> We're starting to see greater scrutiny and more irrational decision-making (such as concluding that a degree in computer science isn't an appropriate degree for software engineers) but for the most part, TN applications are being processed as before (by USCIS and CBP). Regarding ports to favor/avoid, the answer really depends on the nature and quality of the TN application.

</comment></comment><comment><USER35> Not a question. Just wanted to thank your team, and Michelle in particular, for invaluable support and guidance in what has been a harrowing year.

</comment><comment><USER56> F1 Visa Revoked

Before pandemic, in July 2019, I got my F1 visa. In September 2019, I went to the airport to fly to US, but the airline officer said your visa got revoked! I resubmit my second visa application in September which is still under administrative process after about 1 year. What can I do?

My case is related to this news:

[https://www.theguardian.com/us-news/2019/oct/14/iranian- stud...](https://www.theguardian.com/us-news/2019/oct/14/iranian-students- barred-from-us-lost-money-broken-dreams-no-answers)

<comment><AUTHOR> I would do two things: contact a Congressional office to make an inquiry with the Consulate and submit a FOIA request.

</comment></comment><comment><USER57> I hesitate to stray into political territory, but maybe we can discuss without animosity or vehemence from others.

As an immigration lawyer, you undoubtedly see the complexity and huge volume of paperwork needed for even talented and skilled immigrants to this country. They approach a book sized application.

Do you ever find it inequitable or frustrating, that some classes of immmigrants are by comparison, basically waved through? What things about the immigration / visa system would you recommend immediately be changed or fixed to improve our situation?

</comment><comment><USER58> I'm a Canadian Citizen going to the University of Waterloo. My next co-op work term is Winter 2021 (Jan-April). Would it be possible for me to work for a US company for that term? I've done the J-1 process twice before and that worked great in 2019, not sure about now given the visa suspension and COVID. Would appreciate any ideas here.

\- Could I still get a J-1 for Winter 2021? \- Are there any other avenues for Canadians to work for a US company (possibly remotely) without a visa (if visas are still suspended)?

<comment><AUTHOR> There are no US immigration requirements to work remotely for a US company - that is, you don't need a visa or work authorization - but to work in the U.S, work authorization would be required and the J-1 won't be available again until January at the earliest.

<comment><USER59> A thought: are TN "visa's" still available at this time? I know in the past some people have used them for co-op, but unclear if that was really by the book as it's unclear if they meet the education requirements.

edit: I really shouldn't have said "education requirement" \- it's a job categorization, so education is only supporting evidence that your job meets the criteria.

<comment><USER60> For Canadians, TN-1's are not visas but statuses adjudicated at the border (they're typically just I-94s linked to passports), so they never "run out" as such (no quota).

However the TN is a status for restricted NAFTA (USMCA) professional categories, and typically requires proof of qualifications (in this case, education). I could be wrong, but an undergrad intern typically does not fit these categories. I'm surprised people have used it for co-op.

<comment><USER59> Right, that's why I put visa in quotes. And yes, there is no quota but I wasn't clear if there were e.g. COVID related restrictions on application currently.

People have definitely used this for even undergrad co-op, but I don't know how widespread. Obviously more easily applicable for grad students.

Part of the issue is that as you note the admissibility criteria is decided by the border agent you randomly see. So you provide evidence of education and fit for a TN category, but they decide if you qualify, and it's unclear how much guidance they have in this. Appeal process is mostly only through the same agent.

NB: my experience in this area is a bit out of date, things may have changed.

</comment></comment></comment></comment></comment><comment><USER61> I'm a bit surprised that there are so many Canadian & Europeans wanting to get into the US to work at this point given our rapidly deteriorating political and covid19 situation.

<comment><USER62> My last job in Canada paid me $70k CAD, or $52k USD.

The same job in the US would likely pay me $115k USD.

<comment><USER61> Sure, but in Canada you've got a much more robust social safety net and healthcare not to mention a sane leader.

Now that a lot of jobs are allowing remote work why not live in Canada and work for a US company?

<comment><USER63> A safety net and gov provided healthcare isn't all that important for your average high earning single tech worker who has no kids.

</comment></comment></comment></comment><comment><USER64> Thanks for doing this. I have started working in the US with L1B visa in March but because of the pandemic and the US-Canada border closure I have not been able to move there officially. My L1B was issued in a US-Canada land border (basically flagpoled - took the visa and came back) and my company is fine working remotely since we will be working from home for the rest of the year anyway.

However I need to get a SSN and so far from the SSA website they are issued only through a physical appointment. I have called up a few SSA offices and they all told me they are closed right now and don't take any appointments. They will let me know when they start scheduling appointments and at that point I will have to go to their office and attend the interview physically.

My questions are:

1) assuming the border remains closed for a while and I have no means of going there while the current EO is in force, is there an alternative way of getting SSN you know of?

2) If it comes to that and there is no way of getting SSN without going there physically - the EO doesn't impact existing L1Bs but my situation is a bit complex since there was never a stamp in my visa. They just issued I140 and an entry seal in the passport (as is done for all land entries through Canada I suppose). The EO does specifically mention having to have the visa stamp for me to be allowed to enter. How strict do you think the enforcement is going to be and do you think I will be allowed to enter if I attempt when they schedule the interview for SSN? Are the CBP officers enforcing the EO as verbatim or there is room for interpretation for someone who already has L1B but no visa stamps?

<comment><USER65> FYI, the US border is not closed to Canadians if you enter via air; only the land border is closed to non-essential travel.

</comment></comment><comment><USER66> Are the border agents at US airports currently processing TN applications? Are all TN workers considered 'essential' during the current situation?

<comment><AUTHOR> The limitation to essential travel only applies to land and sea crossings but regardless coming to the U.S. to work (by applying for admission in TN status) is considered essential travel.

</comment></comment><comment><USER67> Hi Peter!

I'm a highly skilled engineer and reasonably accomplished entrepreneur (founder of a VC-backed startup that is still alive but hasn't taken off, and I no longer work there). I'm a natural born citizen of Sweden and I live there.

I'd like to emigrate to the US, with citizenship as the goal. I can spend a bit of money on it, but I'm not wealthy. What's my best bet? What would you say is the probability of success?

Thanks in advance,

Björn

<comment><AUTHOR> The answer really depends on your background/accomplishments and whether you would be working for your own company or for another company. Oftentimes, for entrepreneurs, the best and easiest option is the E-2 investor visa, which is available to Swedish citizens.

<comment><USER67> Thanks For the E-2 suggestion!

Since my goal is US citizenship and I'm in-between projects right now I'm open both to working for my own company or for another company.

I have a master's degree in engineering physics. I've had senior leadership roles in two VC-backed startups (one of which I founded and was CEO of). I've been covered in the press, by regional newspapers and national tech media. I've spoken at a number of tech/telecom conferences. I'm the inventor on a handful of patents.

Does that help narrow down other paths?

<comment><AUTHOR> We should talk. It sounds like you'll have a good argument for a green card which then leads to citizenship. The question is which path to take in the short-term and the strength of your background likely would allow you to get an O-1 through your own company or another.

</comment></comment></comment></comment><comment><USER68> L1-B holder here, in the process of getting my PERM.

Lawyers told me that my degree does not qualify as a BSc, even after I send them the certificate that proves it does. Apparently, anything under five years is not considered a BSc. They also told me that my 15+ years of experience have little value, as they will only consider the five most recent.

What is the position of the USCIS about this?

<comment><USER69> Ask your lawyer for an "academic equivalency evaluation" from a professional US education advisory firm that specializes in assessing foreign educational credentials.

Or Google those terms to find a provider (or email me, for the same result), and buy it yourself (price starts at $110; just expense it later). If they like your degree, you'll get like a 2-3 page wall of text that should usually be sufficient for USCIS. Take that to your lawyers, and make them include it in your application. I'm surprised they didn't get one already for your L-1B.

3 years B.Sc. can definitely be fine, but maybe it depends on the country/university/courses? (In my case it didn't matter; I also have an M.Sc. But they certify what you give them, not just the highest, and so I know my 3 year B.Sc. is ok, at least for the evaluator, don't know about USCIS.). One potential problem is if your subject of study doesn't match exactly (e.g. an EE MSc doing software dev). USCIS has been stricter in those cases in past years afaik.

Also, it's more risky, but x% of a degree + y years progressive experience can sometimes be summed up and then in total considered equivalent to the degree. (Progressive means you can show your job continuously became harder. y years of beginner level wouldn't count. Any work that doesn't directly relate doesn't count either.)

IANAL

(You may have already done this; I couldn't tell from your post. "certificate that proves it does" could refer either to a (useless) piece of paper by your university, or an independent academic equivalence evaluation. So posting this just in case you don't have the latter one yet.)

</comment></comment><comment><USER70> What do you think are the effects on the H1B1, especially new H1B1 applications?

What should I do in response to the effects?

What should I fill in if there is a form that asks about visa?

What should I say when recruiters or companies ask about visa during our call?

Thanks for doing this AMA Peter.

[https://en.wikipedia.org/wiki/H1b1](https://en.wikipedia.org/wiki/H1b1)

<comment><AUTHOR> The H-1B1 is not subject to the latest proclamation/ban so the only issue (if you are outside the U.S.) is getting an H-1B1 visa since the Consulates are still closed but that's not an issue if you are in the U.S. - you can change your status to H-1B1 in the U.S. or change your H-1B1 employer. For recruiters, tell them it's cheap and quick to get H-1B1 work authorization.

<comment><USER70> How cheap and quick is it to get a new H1B1?

Which reputable links or documents do you send or show when you tell them that it is cheap and quick to get the H1B1?

What did you use to find out that the H1B1 is not subject to the latest proclamation/ban?

</comment></comment></comment><comment><USER71> Peter, if someone is stuck on a tourist visa that is now expired but they cannot travel back to their home country yet due to travel bans, what else can be done other than waiting ? Extension application has already been filed for months since pandemic started but no communication from USCIS yet and the I-94 is now expired.

<comment><AUTHOR> That really is the best option - filing an extension - and extension applications are taking a while, 3-5 months.

</comment></comment><comment><USER72> Hi Peter,

I hold a GC and have been working outside the US on reentry permit. The latter has already been renewed once, expiring again in Q1 2021. Two questions:

1\. Do you anticipate any impact of changing policies on people holding GCs but working outside?

2\. What would be the best time to apply for a third extension of the reentry permit, given the pandemic situation.

Thanks.

<comment><AUTHOR> Q1) No. Q2) You can only apply for a one-year renewal. There are different strategies here depending on how much longer you plan on living abroad and when you intend to travel to the U.S. next.

</comment></comment><comment><USER73> (Current green card holder) I was scheduled to have my citizenship interview in early April that got de-scheduled. On USCIS website it still says I'm scheduled to complete the citizenship process in August, which seems unlikely. Do you have any insight as to whats a realistic timeline to receive my citizenship?

<comment><USER74> I had a friend in NY who did the citizenship interview last week. I think they're back to processing OK.

<comment><AUTHOR> That's right, USCIS is starting to schedule in-person appointments again and it's first scheduling those whose appointments were cancelled.

</comment></comment></comment><comment><USER75> How could a potential trump re-election could impact the current working visas L1/H1B/O1 processings?

</comment><comment><USER76> Mexican + Spanish national here. I dropped out off college to do my YC startup. I'm aware TN visas require a degree, but as far as I can see that's not the case with O-1. Even if it's technically not a requirement, would you say this will significantly affect my O-1 chances?

<comment><USER77> fwiw i am on an O-1 without a degree, and didn't have any trouble

<comment><USER70> martin_ What did you do?

</comment></comment></comment><comment><USER78> Hey Peter! Former client, And used your firm for several employees. You've become an expert in this space. How do you think about scalability and succession planning? What motivates you to keep being so hands on? What has motivated you to become a leader in this field?

<comment><AUTHOR> Thanks for that. I think fear of messing up! Probably not great advice.

</comment></comment><comment><USER79> Hello! I have been running a survey to collect stories and data about immigrants and the companies they transformed, created, or funded.

If you are or have been a technology startup employee, founder, or investor, can you take a few minutes to complete this survey: [https://lnkd.in/gSuxfUJ](https://lnkd.in/gSuxfUJ) ?

Your answers will help produce a report about the role of immigrants in the tech startup ecosystem.

It matters to me, because over the past 15 years, I have been under a bunch of different visas (J1, F1, H-1B). I believe that I, like many other immigrants in the technology startup world, helped create thousands of jobs in the US. I want to get data to show it and ultimately share around.

(And sorry if it's a bit off topic)

<comment><AUTHOR> Great idea though.

<comment><USER79> Thank you Peter, and thank for doing this!!!

</comment></comment></comment><comment><USER80> Hi Peter, Thank you for doing this. If you're on a H1b visa and waiting for your green card to be come current, can you be the co-founder of a start up? What are the implications and is there a way to set up start up so that the US citizen founder can be the primary?

<comment><AUTHOR> Are you in the I-485 stage?

<comment><USER80> No,I received by 140 and waiting for it to be current.

<comment><AUTHOR> You are talking about being a founder on the side, I assume, but not filing anything with USCIS so that you can work for/get paid by this company? Then this shouldn't compromise your green card process. The question is just whether what you are doing is permissible and as discussed above, the limits are a bit murky: at a minimum, don't get compensated in any way.

</comment></comment></comment></comment><comment><USER81> Hi Peter, thank you for your time. I accidentally ripped my certificate of naturalization in half. How much of a risk is it to keep the halves and not get a new one? New one was $555 last I checked; is there any reprocessing or is it just law of supply/demand?

<comment><AUTHOR> There's really no need for it. You have a US passport, I assume, which is evidence of your US citizenship and I don't think it's any less valid because it was torn.

<comment><USER81> Yes on passport and thank you for your reply.

</comment></comment></comment><comment><USER82> When renewing an O1, how important is it to have "new" evidence? Can an original O1 case be sufficiently strong that it doesn't especially matter how much publicly visible, groundbreaking work has been done in the time since it was granted?

<comment><AUTHOR> Generally, for extensions, new evidence and arguments aren't required (although we still usually provide what's readily available such as new press). That being said, although still the exception, more and more USCIS is issuing RFEs on O-1 extensions.

</comment></comment><comment><USER83> Can a company file for a green card for a STEM worker without going through the H1B Process?

If so, what are the requirements and the chances. Note, that worker is not the citizen of a country of which there would be a ton of applications from (I think that matters)

<comment><AUTHOR> Q1) Yes. Q2) No different from the sponsorship requirements for someone in another status. The issues are around the timing of the filing and international travel after the filing.

</comment></comment><comment><USER84> Can you comment on how the EU travel ban on US citizens affects a US citizens ability to live/work in the EU under the umbrella of a non-lucrative visa? If a US citizen receives a non-lucrative visa, would they be able to immigrate to the EU?

<comment><AUTHOR> Unfortunately, I can't comment on European immigration.

</comment></comment><comment><USER85> I am a Canadian with a TN visa. Is there a requirement that I remain in the country (USA) during the time of this visa? I only ask because now it is tempting to go work from Canada for elongated periods, but I am not sure of the legality

<comment><AUTHOR> No, you can remain outside; the only requirement is that when you enter the U.S. in TN status, you do your TN work.

</comment></comment><comment><USER86> Hello, I just got informed that I passed the interviews at google and got accepted by the hiring committee. I am a Mexican and I went to college and passed all my courses but I don't have my title yet (a very common situation here in Mexico), it might take a year or 2 to do the paperwork to get my college degree. The recruiter told me I will start working remotely and then after covid move to the us, what are my options? I have been working as a software engineer in Mexico for two years. I know the TN visa from nafta would be an option for me but I am not very informed, could you help me?

</comment><comment><USER87> Hi Peter .. thx for taking time to answer questions on the weekend.

Curious what happens when someone with an H1B (say greater than 3 years used but less than 6 post-extension) leaves the US to go back to their home country? If that person is interested in working in the US again as an H1B, do they need to be subject to the lottery again or are they exempt since they were already "approved" for an H1B?

I heard it has something to do with the time when you re-file to go back? I'm specifically curious about the case when the person decides to go back after a few years (after when the H1B would have expired).

Canadian here btw.

</comment><comment><USER88> I'm a PhD from Bio background who became a data-scientist in a health-care related (but not biology research) company. I have been reasonably successful in this job, but because of the change in fields I lost my H1B to a failed RFE the one time I passed the lottery. Now I'm thinking of doing an O1 application, but my assumption has been that all my expertise must now be demonstrated in this new field of health-care data analytics and not from my PhD times, and I'm working on it.

My question is, has the difficulty of getting O-1 visas gone up significantly in the past year or so?

<comment><AUTHOR> Not really. It's gone up a bit - or more sideways I should say with USCIS raising different issues - but really we haven't seen much of a change in the approval rate.

</comment></comment><comment><USER89> I'm moving to the US on an H1 the first time with my wife and daughter, and interested to bring my nanny as well.

1- My wife wants to be able to work shortly and my understanding is that she won't be able to on an H4 until my I-494 is approved). Is it feasible for her to do a J1 if an employer is willing? Are there other options?

2- I'm working on getting the nanny a B2-domestic, but consulates around the world are closed which puts a very long delay on the process. Is it possible to bring the nanny on a tourist/business B1/B2 and do the change within the us? Are there other options?

<comment><AUTHOR> Your wife can't apply for work authorization while in H-4 status unless and until you are the beneficiary of an approved I-140 petition (which is a step in the green card process) and the only way for an accompanying nanny to work in the U.S. is to apply for work authorization while in the U.S. in B-1 status.

<comment><USER89> > and the only way for an accompanying nanny to work in the U.S. is to apply > for work authorization while in the U.S. in B-1 status.

My understanding is that we can get the B-1 visa for domestic employee outside the united states. Some counsel has told me that entering the US with the tourist /Business B1/B2 is could be risky.

Do you work on the B1 nanny cases or have a referral of a lawyer to work with such a case? I'm interested in hiring counsel to make it happen.

</comment></comment></comment><comment><USER86> Hello, I just got informed that I passed the interviews at google and got accepted by the hiring committee. I am a Mexican and I went to college and passed all my courses but I don't have my title yet , it might take a year or 2 to do the paperwork to get my college degree.

The recruiter told me I will start working remotely and then after covid move to the us, what are my options? I have been working as a software engineer in Mexico for two years. I know the TN visa from nafta may be an option for me but I am not very informed, could you help me?

<comment><USER32> Google should have its own legal department that can help you. I would ask your recruiter to connect you to them.

</comment></comment><comment><USER90> What are immigration-acceptable ways for a person on a H1-B to start a company and work for it? For someone who is Indian, are there options to found a startup and spend the majority of their time on it?

<comment><USER91> I had a similar question once, someone had mentioned [https://www.unshackledvc.com/](https://www.unshackledvc.com/)

</comment></comment><comment><USER92> Canadian citizen here, working at a late stage startup. I could not fly out to renew my visa due to the pandemic, so we went through USCIS. My visa appeal has gone into an RFE, and there is a chance it could get denied. I have a couple more months left.

Do American companies have to do anything special immigration-wise for an employee to work from Canada (either temporarily or permanent)? Or is it just a matter of me moving back to Canada and invoicing the company as a sole proprietor (contractor)? Is that a simple solution I could pitch my company?

<comment><AUTHOR> Really, the company doesn't need to do anything since US immigration doesn't apply. What's the job and what's your educational background?

<comment><USER92> My educational background is a Canadian Bachelor's in an unrelated engineering branch (chemical). I took a few CS courses, got some experience, and have been working in the US for the past 5 years as a software engineer on TN at multiple places. I'm now getting RFE pushback on my latest renewal (same job - backend engineer) that I do not fit the software engineer designation, so our team is seeing what they can do.

I thought there would be major accounting/tax headache for my company to have employees in Canada, although it wouldn't be an immigration issue for me. If it was as easy as flipping a switch, I'd make the move. I also have another US job offer that is going through the same issue (RFE), so I'm sensing a pattern here.

</comment></comment></comment><comment><USER93> Hi Peter, wondering if you seen any changes (due to pandemic and political climate) regarding enforcement and interpretation of "continuous residence" requirement both in terms of naturalization and maintaining permanent residence for green card holders.

Specifically do you think whether there a risk of losing a green card or N-400 being denied on those grounds for a person that has been staying outside the US (in different countries) for 5-7 months per year for the past 3 years, but not exceeding 6 months at any time and maintaining ties to the US?

Thank you!

<comment><AUTHOR> I can't comment on your specifics - a careful analysis of the facts would be required - but I haven't seen any change in the way USCIS is interpreting residence for green card maintenance and naturalization purposes.

</comment></comment><comment><USER94> Hi Peter, can you comment about rumblings that this administration is working on a rule that revoke/resets I140s after a certain number years and make everyone do perm and labor processes again?

<comment><AUTHOR> I'm not but something like that definitely would be challenged.

</comment></comment><comment><USER95> How much of a legal trouble am I in if my company shuttered its physical office because of the pandemic? My H1B visa is tied to that address. The company still has another office in another state.

<comment><AUTHOR> That depends in part on whether you are working from home and whether your home is in the same MSA as the company's former physical office. But you should check with the company's attorney.

</comment></comment><comment><USER96> Does the current COVID restrictions/situation, present a challenge to justify someone's re-entry into the US for work, as employees can technically 'work from home' which is technically possible from abroad? (Asking as a TN holder, Mexican national, visa sticker valid for various months still).

Planning to travel to be back in (flying, commercial), to reduce uncertainty and be ready for an eventual return to office, although no specific date has been given by the employer but I continue to work for them remotely.

<comment><AUTHOR> Your ability to reenter on your valid TN shouldn't be impacted by your time outside the U.S. even if extensive; you might just need to provide proof that your employment in the U.S. still exists when you return.

</comment></comment><comment><USER97> In this comment [https://news.ycombinator.com/item?id=23940448](https://news.ycombinator.com/item?id=23940448) you mentioned that self employment is prohibited on H1b. Can you comment if working on H1b (also have EAD from I485 filed based on employer) and (a) consulting for another firm (in Canada/non-US) is allowed?, (b) consulting for a US firm (1099) is allowed?, and (c) being a youtuber who earns money through ads is allowed?

<comment><AUTHOR> If you have an EAD, then all is allowed; the question/issue is whether such an activity could negatively impact your pending I-485 application - and it could.

<comment><USER97> I on EB1B queue working at a uni, and was planning to consult for a Canadian firm, and the scope of work is related to my research area. This is not much info, but at a first glance, does it seems like it would negatively impact? Also my PD recently became current (not sure how long it will take to get the green card).

</comment></comment></comment><comment><USER98> I'm a Greencard holder who has applied for an I-130 prior to COVID-19 for my wife through the F2A category, I know that spouses of citizens can still file I-130s, but the wording wasn't clear for permanent residents. Will my application be denied due to the executive order?

This is the executive order I am talking about: ttps://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry- aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

<comment><AUTHOR> It won't be denied; processing just might be delayed.

</comment></comment><comment><USER99> Say my close friend / future cofounder is here on a B-1. He's looking to extend it for 6 months pretty soon. Do you think the current situation means that it's more or less likely to get approved?

I'd be optimistic about the baseline situation, but given the pandemic, I don't know whether the government would be (a) very slow, allowing the person lots of time to stay while govt makes their call, or (b) unusually efficient AND strict.

(Thanks for helping everyone out on this thread!)

<comment><AUTHOR> More likely given the pandemic and the understanding that it can be impossible to return to one's home country or at least unsafe/risky to travel internationally.

</comment></comment><comment><USER100> Hi Peter - My fiance currently works for a large tech company in the bay area, and is on a H1B visa currently. They would like to apply for their green card, but have been told by the HR that everything is on "pause", but they will continue to collect information in preparing the green card application. How true is this, and do we have any other options? To answer, no we do not plan to marry, though I know this can expedite things. Thanks.

<comment><USER101> I'm also going from H1-B -> Green Card. The first chunk of the process is with the Department of Labor and so they should be able to get started on that

</comment></comment><comment><USER102> What chance someone from western europe with a Bsc in maths and an Msc in computing science from a mid-tier university stand at getting a work visa into the US? From what I know, I would need to have a job lined up beforehand to stand any chance.

Moreover, if given such a visa, how beholden would I be to my employer. That is, if I were fired would I have to immediately leave the country, or could I perhaps stick with the life I had built up in the meantime.

<comment><AUTHOR> That's right, you would need a job offer and if you were terminated or quit while in the U.S., you would have 60 days to find another job and get sponsored by that company or file to change to another status.

</comment></comment><comment><USER103> I am in the process of getting a green card and waiting from my PERM approval (sent PERM in Feb) (good to know from your previous answers that the process is still working well if not better). Do you see the next steps i-140 and i-485 impacted either by the virus of by trump recent changes?

Also is there a chance that if trump is re-elected we will see drastic changes and people in the middle of the green card process might be impacted?

</comment><comment><USER104> I am currently on a H1B and got married in May in the US. Unfortunately, my wife was on a diplomatic visa (lost her job due to the pandemic) and her organization will not allow a change of status to H4, as a result she has to go back to her country.

Given the current H4 visa ban, it seems like we'll have to be separated until next year. What are our best options for her to come back in the US and switch to H4 before January?

</comment><comment><USER105> Thanks for doing this. As someone looking into studying in the US next year, the recent ICE guidelines did make me a bit worried, and I know of quite a few friends who've decided to either give up, put it off for another year or look at other destinations. Given the pandemic, consulates not processing visas and the political factors, is it still a good idea to think about applying for Fall 2021?

<comment><AUTHOR> I think so (hopefully it will be a different world then) and to be clear, the government retracted the restrictive ICE rule.

</comment></comment><comment><USER106> I'm a Canadian with a BA in economics, but I now work as a data engineer at a startup. I see postings for remote data engineering jobs in the US which say that I must be eligible to work in the US and/or have a social security number.

Is it possible for me to work for one of these companies using a TN visa? Does my degree have to be "engineering" if the role is "data engineer"?

<comment><AUTHOR> First, you can work for all these companies remotely in Canada without US work authorization. You have to come within one of the occupations (economist or engineer) and have the appropriate educational background. I would argue that your degree is appropriate for a data engineering position but USCIS and CBP typically take the narrow (irrational) view that the appropriate degree is one in engineering (or a related field).

</comment></comment><comment><USER107> Do green card holders need to be worried/do anything with these changes to immigration laws or is it focused on Visa holders (H1 etc)?

<comment><AUTHOR> No, I don't think they need to be worried.

</comment></comment><comment><USER108> I am a greencard holder currently living in the UK due to the coronavirus pandemic. I have a re-entry permit but I am concerned about taxes while I am in the UK. If I rescind my greencard will I have a more challenging time securing a non-immigrant or immigrant visa in future? I was considering rescinding the greencard and going through the H1B or O1 route in future.

<comment><USER109> What are you tax concerns exactly?

You have to file a US but generally you can avoid double taxation, especially on the first $100,000. If you have business income it's generally a good idea to incorporate and have the company pay you to get the full tax benefits. Incorporation generally gives you a lot of flexibility tax wise.

If you abandon your green card you'll have to pay capital gains on all your assets as if you sold them, I believe.

PS: I am not a tax lawyer, but that's a quick overview

<comment><USER108> My tax concerns are essentially being unable to leverage the tax efficiency vehicles while working in the UK. i.e. having to pay tax in the US on income that attracts zero tax in the UK.

My actual concern is about going through the immigration system in future if I choose to rescind my green card. I understand that it isn't a pleasant experience I just wondered if it becomes any more challenging from having held an immigrant visa in the past.

> If you abandon your green card you'll have to pay capital gains on all your > assets as if you sold them, I believe.

This is only true for certain holders with wealth over a certain amount, I wouldn't attract the exit tax.

It's more about being able to make good financial decisions if I am to stay in the UK as I'm uncertain at the moment. My plan was to study in the UK but given the situation (no access to the campus makes zero sense to me) I have a job in the UK now.

Engineers are paid what seems to be a significant amount less but there are many vehicles that optimize the taxes on that income. For example, tax free pension contributions are up to 40k/year (about $50k). You can also invest 20k per year of post-tax money in an ISA and pay zero tax on the earnings through interest and dividend. There are also tax allowances for interest on saving, captial gains allowance, entrepreneur's relief in addition to the personal income tax allowance. Stock options for employees are often very tax efficient too (10% tax). I think I worked out my total personal tax liability as about 19%.

So to be efficient with your money in the UK you need to leverage these vehicles. A 100k GBP London salary can be as efficient as a $170k Salary in SF, and that's before considering cost of living, co-pay on healthcare etc. If you have to pay tax on worldwide income in the US, it completely erases the savings these vehicles offer, so you end up with a tax bill equal to the difference between what you have paid in the UK and what you would have paid on the same income in the US.

Not to mention, companies that offer investment platforms for ISAs and SIPPs (do it yourself pension investment) will offer accounts to US residents due to the FACTA reporting overhead.

<comment><USER110> > A 100k GBP London salary can be as efficient as a $170k Salary in SF

The marginal tax on a £100-125k London salary is 62%. Also, VAT there is much higher than sales tax in CA. The savings from your ISA accounts will be negligible until your portfolio grows significantly. Just move to TX/FL/etc before realizing any gains and you'll end up paying just 15% long-term federal CGT.

> Stock options for employees are often very tax efficient too

I don't know about options, but an acquaintance of mine had to pay ~75% marginal tax on AMZN RSUs (£100-125k bracket; income tax + employee NI + employer's NI + personal allowance tapering).

If you want to optimize your net worth, move to Switzerland or the US (CA, CO, TX, WA), not the UK.

<comment><USER108> > The marginal tax on a £100-125k London salary is 62%

This is why you should reduce a 100 - 125k salary by 40k through salary sacrifice, paying into a self directed pension. Taxable income is reduced to £60 - 85k.

> Also, VAT there is much higher than sales tax in CA.

Yes but there are no property taxes in the UK, which I'm sure far outweighs the difference in sales tax on a yearly basis. Also VAT isn't applied to everything, it is reduced to 5% for fuel and 0% for food. I'm making the assumption I can cash purchase a home I actually want to live in in the UK. Purchasing a house isn't really optimizing net worth either, but it is a stability factor I would rather have. I'm looking at $1.8m-2m minimum in SF for a property I would actually want to purchase and live in. I'm sure there are plenty of massive homes in the middle of nowhere I could purchase but am I going to have a job I want and live near interesting like-minded people? Probably not.

> an acquaintance of mine had to pay ~75% marginal tax on AMZN RSUs

RSUs are not a qualifying option in the UK. Most startups in the UK are offering EMI share options, which are more tax efficient than any offering in the US unless you look at early exercising with an 83b election, which is obviously significantly riskier.

> The savings from your ISA accounts will be negligible until your portfolio > grows

Yes that's the point, if you grow an ISA to 1mil in value over 25 years, drawing down that ISA at a 3% rate is a significant tax-free lump sum contribution to your yearly income.

I won't go into the full detail but I reckon that with the combination of an ISA, pension allowances, and dividend/capital gains allowances on private investments, you can draw nearly 97.5k in income and pay only 3750 in tax, and there is no AMT in the UK.

<comment><USER110> > pension

If you're OK with locking up your money for 30+ years, sure.

> no property taxes in the UK

That's a bug, not a feature. There's little incentive for people to downsize, which leads to suboptimal use of resources on a societal level. Even if you leave the question of fairness aside ("eight of England's 10 cheapest areas for council tax are in the capital including Kensington & Chelsea, Hammersmith & Fulham, Southwark, Lambeth and Tower Hamlets"), this leads to higher property prices, which negatively impacts you as a first-time buyer.

> I'm looking at $1.8m-2m minimum in SF

You don't have to retire in the Bay Area.

> Most startups in the UK are offering EMI share options

Most startups in the UK pay poorly, so I'm not sure this is a good point. Thanks for letting me know about EMI share options though, I didn't know that!

> you can draw nearly 97.5k in income and pay only 3750 in tax

You can top that. People who have bought property in London 15+ years ago can easily realize a profit of £500-1500k, all tax free -- [https://www.gov.uk/government/publications/private- residence...](https://www.gov.uk/government/publications/private-residence- relief-hs283-self-assessment-helpsheet/hs283-private-residence-relief-2020) .

<comment><USER108> > If you're OK with locking up your money for 30+ years, sure.

55 isn't 30+ years away for me.

> this leads to higher property prices, which negatively impacts you as a > first-time buyer.

And yet it still looks more affordable than SF.

> You don't have to retire in the Bay Area.

In which case, I have to account for housing expenses when looking at the salary in real terms, and deal with all of the problems related to rent i.e. rising costs, being kicked out, not worth investing in improving the property (from a quality of life perspective, not ROI).

> Most startups in the UK pay poorly, so I'm not sure this is a good point.

The one I am working at currently doesn't pay poorly. It's not my top SF salary but it's better than what I started on in SF. It's not FAANG.

> You can top that.

I just meant for an average person with a typical diversified investment portfolio and private pension, and in a way that you can actually plan for (private residence relief is not something that you could have reasonably planned for at the time of buying the house).

<comment><USER110> Makes sense. Thanks for elaborating and apologies for derailing your green card question.

</comment></comment></comment></comment></comment></comment></comment></comment><comment><USER111> Hi,

I am a LPR and applied for a GC for my spouse 1.5 years ago.

Our I-130 was approved last March, however NVC has never receive the file. It seems that USCIS just never transferred the file to NVC even after more than 4 months.

We have sent multiple requests to NVC Research, and recently made an Ombudsman request however this does not seem to help.

What are our options at that point if USCIS just holds our file hostage for no reason?

Thank you.

</comment><comment><USER112> Hey there Peter, my dad got to submit petitions for both my grandma and me for U.S permanent residency just before the pandemic blew up. How long does that usually take? and Do you think it will take even longer because of the pandemic? I'm 28 and my grandma is 85, we both live in El Salvador if that makes any difference/is of any relevancy. Thanks!

<comment><AUTHOR> Unfortunately, the first proclamation (I believe the first) suspended the issuance of immigrant visas with very limited exceptions and it's still in effect so the processing of your and your grandmother's immigrant visa applications could be delayed.

</comment></comment><comment><USER113> Hi peter,

I was on a H1b and quit my job in March (I still have a year and few months left on my H1b). I applied for a change of status to a h4 (this is still in progress with the USCIS) and had planned to relocate to India in June to start my company, but am still in the US waiting for the covid situation to resolve. Is there any option for me to start the company here?

<comment><AUTHOR> For the company in India? Definitely.

<comment><USER113> Thanks for the response! Two questions - Q1. Can i continue working from the US (while on a H4) if the company is incorporated in India? Q2. Can I incorporate in the US and continue working given the current situation?

</comment></comment></comment><comment><USER114> Throwaway...

I'm interested in nomading or maybe working in the US. Either on one of my own things, or perhaps at another startup, mainly for social interaction.

I've accumulated some wealth so far. What would be a good option, and how can you prevent being taxed by the US?

Do people normally work from their own consulting company/structure, or are people usually on the company's payroll?

<comment><USER115> People are usually on a payroll as either an employee or contractor (slightly different tax treatment, with the contractor being less favorable to the worker). I have heard of instances where people form a company and work under that, but in my experience it tends to be abusive workplaces that go that route.

If you're working in the US there's no legal way to avoid getting taxed. They aren't going to tax your existing assets outside the US though. There's no wealth tax.

</comment></comment><comment><USER116> How does the administration's hold on Green Cards affect people already in the process (from PERM through green card in-hand)?

<comment><AUTHOR> Really not at all so far unless an applicant is getting his or her green card through a US Embassy abroad (known as immigrant visa processing).

<comment><USER116> Thanks for your time!

</comment></comment></comment><comment><USER117> As a European entrepreneur with some success and some international recognition what would you recommend is the best strategy to get a US work visa and move there. For instance starting a new company in the US or a new branch or something like the O1 visa? I have British, Irish, Polish nationalities and perhaps one of the them has good odds on a visa lottery?

Thanks!

<comment><AUTHOR> The answer really depends on your background/accomplishments but (based on the limited information provided) it appears that the O-1 and E-2 visas might be good options as well as the L-1.

</comment></comment><comment><USER118> Thank you for doing this! I'm working at a tech startup on my F1-OPT (expired July 15). My lawyer submitted my H1B petition one month ago but we haven't received the receipt from USCIS. Can I continue working while waiting for the receipt and the approval? If not, what are some options to legally working until we get the receipt?

<comment><AUTHOR> Yes, you can continue to work based on something called cap gap coverage but you should get a new I-20 issued by your school.

</comment></comment><comment><USER119> I'm a citizen waiting for a green card application for my wife in India. We've had our docs approved by NVC and everything. Any ideas how long the mumbai embassy is going to be closed? They aren't saying a peep online, near total radio silence from them. Curious if you've heard any credible timeframes on their reopening.

Thanks Peter.

<comment><AUTHOR> Are you a US citizen? Because if you aren't, the process has been suspended per proclamation; if you are, then it simply depends on when the Consulate will reopen fully.

</comment></comment><comment><USER120> The immigration specialist at our institution is strongly recommending that new green card applications go through non-PERM categories, such as EB-1 or EB-2 NIW, presumably because it will be harder to get this certification. Do you have any opinions on this?

Also, do you expect USCIS to become more strict when it comes to EB-2 NIW applications? Thanks!

<comment><AUTHOR> I haven't seen any real changes with PERM yet but that's a valid concern if unemployment remains as high as it is. That's a judgment call. Even with that policy, I'd probably still pursue PERMs (as opposed to doing nothing) for those who don't have strong NIWs. We've seen a tightening of NIW adjudications recently (particularly for non-founders) so these need to be pursued carefully and cautiously. The primary issue is on whether the applicant is doing something or has certain skills that don't lend themselves to a PERM application - that is, a test of the labor market - and this can be a tough standard to meet.

</comment></comment><comment><USER121> I came on a TN visa and now have a E37 green card sponsored by my company where I work as a software engineer. The GC was issued 1 year ago but I would like to look at changing companies while still being in an SE role.

Is there anything I should be aware of with regards to citizenship if I should apply in 4 years?

<comment><USER122> Anecdata: I have a couple of friends that switched companies as soon as they got their green cards that are US Citizens now.

</comment></comment><comment><USER123> Hopefully this is within the scope of what you can cover: \- My employer will sponsor my green card (EB3) which I'm hesitant to take given the lower priority. I also don't want to be tied down to the employer. How flexible are EB2 and EB1 criteria? \- I currently am on TN and have H1B (but haven't activated yet)

<comment><AUTHOR> That will depend in part of your country of birth. For many people, an EB3 isn't a long wait and at a minimum, establishes a priority (place in line) for other green card filings for the same company or a different company. Whether you would qualify for the other classifications will depend on the work that you do and your qualifications: education, experience, and achievements. Oftentimes, the EB3 is the only option.

</comment></comment><comment><USER124> For most political conflicts I can figure out who would benefit and who would lose if a given policy decision gets made. For a ban on immigration of highly skilled workers I don't understand who benefits - it seems like a lose-lose to me.

Can you explain the motivation behind preventing foreign engineers and scientists from entering the USA?

<comment><USER68> Not a lawyer, but a visa holder.

Non immigrant visa holders cannot vote, and there is little benefit for employers to actually go out and challenge the administration to protect them.

We are an easy target when it comes to populist actions.

</comment></comment><comment><USER125> My country (Argentina) has a lottery(esque?) approach to giving work visas for the US, so basically: even with company support, work visas are subject to probability (~30% chance of getting it for a given year). Do you have experience, or do you know, how companies handle hires from countries with this methodology?

Thanks for doing this AMA!

<comment><USER89> It's not argentina that has a lottery, it's the US. Thats the H1B process.

That is also suspended for this year.

<comment><AUTHOR> The next H-1B lottery will take place in March 2021. The proclamation suspended the issuance of new H-1B visas; the lottery hasn't been affected and those in the U.S. seeking to change their status to H-1B or extend their H-1B status haven't been affected.

</comment></comment></comment><comment><USER126> I am from India and a recent graduate from a top tier university. I have only recently starting working (1 year so far) in the corporate landscape. What is the best route / plan for me to get opportunities to work in Europe? How flexible are the immigration policies of Europe for Indians?

Thank you so much for doing this!

<comment><USER127> French here. I am really interested in why you find Europe attractive when India has some big tech hub in Bangalore, Singapore nearby and the US with a large Indian community. It seems to me that in every aspect Europe is less interesting than one of these choices

</comment></comment><comment><USER128> Are there any changes done for US immigration laws during COVID? How would it impact existing and future YC startups

<comment><AUTHOR> All the changes really are limited to entry into/travel to the U.S. so if one is outside the U.S. or inside the U.S. and hoping to travel outside, the various travel bans and restrictions, etc. could impact one's ability to travel/return to the U.S. Those same bans and restrictions generally don't apply if one is in the U.S. And even with the bans and restrictions, many visas aren't subject, including the B-1/B-2, E-1, E-2, E-3, H-1B1, O-1, and TN.

</comment></comment><comment><USER129> Question about E2 treaty countries.

If one is an E2 treaty country citizen, and starts a company in the treaty country, how difficult would it be to create an American presence?

Could you go a bit more into E2 and how it could be used by start ups (if at all)?

And also, could you go a bit into what an E2 treaty county citizen can do to live/work in the US?

<comment><AUTHOR> The E-2 is a great and really the best option for entrepreneurs if you have home-country money to invest in the U.S. company and an E-2 can be used for new U.S. companies with no employees - yet. If for example your citizenship is French, then requirements for an E-2 are as follows: the U.S. company needs to be at least 50% owned by French-owned companies or French citizens (who also are not U.S. citizens or green card holders), a substantial amount of money from French-owned companies or French citizens needs to be invested in the U.S. company, a substantial amount of money needs to be spent by the U.S. company in the U.S. on business expenses, and the U.S. company needs to have a strong/clear business plan that shows likely job growth (the hiring of U.S. workers or green card holders) over time.

</comment></comment><comment><USER130> I'm a US citizen living and working in Canada. I work for an American company as an independent contractor. I own a Canadian Company as a sole proprietor. Given the space I am in, I have signed a BAA for HIPAA compliance with my client. Would it be wise for me to change the corporation to an LLC?

</comment><comment><USER131> My case: Presently in US on a cap-exempt H1B. Planning to resign from my current position in a few months' time, and (eventually) relocate to another country.

Q: Can I make use of the 60-day grace period to stay in US after I resign? I don't need work authorization for this period.

<comment><AUTHOR> Yes, you can take advantage of the grace period (although it's limited by your I-94 admission period).

</comment></comment><comment><USER132> Do you have any thoughts on H-1B renewals in the current environment? Usually these require traveling outside of the US, but that's easier said than done, so I wonder if there are any rumors of these working differently in the upcoming application season

</comment><comment><USER133> I had my O1 application approved by USCIS in early March. I still haven't been able to visit the US embassy here in Sweden for the final interview - they've shut down processing non-immigrantion visas due to COVID. Any idea when US embassies will open up again?

<comment><AUTHOR> No one really knows; appointments continue to be rescheduled and then cancelled. Some Consulates are granting emergency appointments to those whose interviews were scheduled before the Consulates closed.

</comment></comment><comment><USER134> I can get an E3 visa, looking to move the US. I have a few online side projects that generate some money, am I still legally able to work on these on the side whilst working my main job? Bank account that im paid into and business will still be registered in Australia

<comment><AUTHOR> Not really unfortunately. While in the U.S. on an E-3, you can only work for your E-3 employer; the source of the payment doesn't change this.

</comment></comment><comment><USER135> Do you want to partner with someone in the tech industry to deliver some sort of technology product?

Every time I talk to a lawyer, they always have some part of the system that's failing them completely and working with them has always been enlightening in a depressing way.

</comment><comment><USER136> Question about E-2 visa (investor visa)... If I create a US company from abroad and start making money, can that revenue in US bank account be counted as investment? Or should I transfer the money back home and then reinvest in US business?

<comment><AUTHOR> No, that would not count as an investment for E-2 purposes. The money needs to be controlled/owned by a citizen of that country or a company owned by citizens of that country and then invested into the U.S. company to be counted.

</comment></comment><comment><USER137> For a US based firm which way of Contract work is easy to do business with.

1\. Contract with W-2 Which requires TAX/SSN id. 2\. Contract work with a Remote hire.(Off shore).

Does firms get any benefits for going route#1 ? Why staffing agencies are not taking route#2 ?

</comment><comment><USER138> I'm an Iranian, working in Malaysia. If I get an offer from a US company, do I have a serious chance of getting the export license and/or Visa?

Is this different across different companies Also, is this different for offices in US vs outside?

</comment><comment><USER70> I have a SSN and I had a past job and past job visa in the USA.

In general, what is the purpose of the SSN and is there any use for the SSN?

With the context of H1B1, same question as above: Is there any use for the SSN in the context of a new H1B1 application?

<comment><USER139> SSN is your identity in US. Need SSN for getting a phone, car, house, etc as well as bank accounts, credit cards and so it is pretty important. Not relevant in context of new H1B except that the visa officer might expect it given you had a past job visa.

</comment></comment><comment><USER140> Do you think it's a good idea to delay the application for Green Cards until after November to understand better the political landscape and also hopefully see a recovery of jobs given unemployment would affect PERMs?

<comment><AUTHOR> That's a tough question because the answer depends in part on what your job and background are, where you live, etc. but I don't think so. I'm generally inclined not to make decisions based on what might happen (because so much is just unknown) and instead proceed based on how things are now.

</comment></comment><comment><USER141> Is there a way to speed up naturalization process? is 5 years after GC mandatory?

<comment><USER142> There is: [https://www.uscis.gov/military/naturalization-through- milita...](https://www.uscis.gov/military/naturalization-through-military- service)

</comment></comment><comment><USER143> Are we still having interviews for EB1-B during I-485 filings, given the pandemic?

<comment><AUTHOR> The local USCIS offices are first scheduling I-485 appointments for those whose appointments were cancelled because of the office closures and even though the offices are slowly reopening, we are still seeing approvals without interviews.

</comment></comment><comment><USER144> Hi Peter, what is your macro view on immigration trajectory in the coming years? Do you expect the hurdles and wait-times to keep getting bigger, or do you expect a softening should the presidency change hands?

</comment><comment><USER145> What (if any) are the payroll/income tax implications of working remotely from another cities/states for extended during the office closures? Does it also impact stocks that vest during this time?

</comment><comment><USER146> Can you transfer your existing H-1B to your new company if the new company has a board/co-founders who have the authority to fire you?

Edit: This assumes that you did preliminary work on a company while on an H-1B.

<comment><AUTHOR> Yes, it's possible to get an H-1B petition approved through a company you have founded and own a substantial interest in. The question (for USCIS) is whether it's a real business (that is, whether it has clients, products/services, revenues, employees, etc.) and whether a valid employer-employee relationship exists (that is, whether you can get fired). The existence of a board that you don't control and can't control through appointments, the existence of an employment agreement, etc. all can go to showing that a valid employer- employee relationship exists - but USCIS has to believe this and not infrequently doesn't.

</comment></comment><comment><USER147> Hi Robert,

Thank you for doing this. My questions is if someone didn't use their initial H1B (1.5 years left), and left US, can they still use that without having to go through the process from scratch ?

</comment><comment><USER148> Thank you for doing this! I

</comment><comment><USER149> I've applied for a position as a founder/ ceo for a venture incubated with a VC. My OPT just expired and i'm on my grace period. Can they get me some sort of entrepreneurship visa like the EB?

</comment><comment><USER150> Hi Peter, EB3 ROW GC applicant with approved EAD/AP and pending I-485 here. Are you seeing these types of GCs being adjudicated and/or interviews being waived? Thanks for doing this!

</comment><comment><USER151> Hi Peter,

I'm an Indian citizen who's working with a startup in the Bay Area.

I'm applying for EB-3 (the company is applying) and EB-1 (through another law firm) simultaneously. Are there any concerns with timing?

<comment><AUTHOR> No. You can pursue both particularly since one (the EB1A) is likely being done as a self-petition.

</comment></comment><comment><USER152> Does an approved H1-B extension necessarily extends the i-94 date?

If not, is the only alternative to leave the country, get a new visa stamp(which is not possible till Dec 31, AFAIK) and reenter the country?

<comment><AUTHOR> If it is filed with a request for extension of status and not consular notification, then yes. The approval notice will indicate which and have an I-94 attached at the bottom if an extension. If it's filed with a request for consular notification, then you will need to leave the US and get a new H-1B visa and then reenter to activate it. I assume that when you say extension, you mean with the same employer?

<comment><USER152> Thanks!

Yes it is for the same employer. It will be with extension of status, and not consular notification, AFAIK, so that clears up my situation.

</comment></comment></comment><comment><USER148> Hi Peter, I'm currently on h1b and my visa stamp on passport is from my ex employer and is expired. Is it too risky to travel abroad? Will I still be able to get a new visa stamp due to the visa ban?

Thank you!

<comment><AUTHOR> It appears that you are subject to the ban on the issuance of H-1B visas so you could be stuck outside for a while if you leave.

</comment></comment><comment><USER153> Hi Peter. In your opinion, if the eligibility criteria for O-1 visa are fulfilled shortly (<1 year) before the case is submitted, how would it affect the probability of positive outcome?

<comment><AUTHOR> Really not at all.

</comment></comment><comment><USER154> How hard is it to get an EB1 GC processing status if you have demonstrable contributions to Open Source? Is there anything in particular that's needs to be down to let this go through?

</comment><comment><USER155> Is it possible for a Canadian to work remotely for a Canadian company from inside the US? For how long? Would this be on a B2 visa, since my presence in the US is unrelated to my work?

<comment><AUTHOR> Limited. It's permissible if you are truly just in the U.S. temporarily but the longer you are in the U.S., the less credible this is.

</comment></comment><comment><USER156> Is it possible to sponsor EB3 for the remote employee outside of the US who I want to transfer to the US next year via L1? Any docs/articles that you can point me to?

</comment><comment><USER157> What is the price for helping doing the Extend I-539 form? I`m am visitor who having trouble getting back to my country, just need 2 or 3 months with my B1 B2 visa

</comment><comment><USER158> What strategies are companies using to make sure employees can stay working through any sort of visa issues? Canadian incorporation? Other international offices?

<comment><AUTHOR> For those with global operations, temporary assignment abroad is often a good solution. And sometimes, depending on the issue, another visa classification can be a solution, such as an O-1.

</comment></comment><comment><USER159> How as an American can I get into an EU country in current year? Is there any loophole/procedure/test/bribe one can do to make this happen?

<comment><USER160> IANAL, but am an American in the UK...

I can say w/ reasonable certainty that you can go to Ireland or the UK now, if you can get a flight. You'll need to spend 14 days in quarantine. Good sources of information:

\- US Embassy for the country you want to travel to

\- Expat groups on Facebook w/ personal reports on what does and doesn't work

\- [https://www.schengenvisainfo.com/](https://www.schengenvisainfo.com/)

<comment><USER161> What about with no degree?

<comment><USER160> Sorry, I should have been more specific. I was referring to travel, not immigration. No clue about immigration.

</comment></comment></comment></comment><comment><USER162> Is there any resource you're aware of that makes accessible all of the current immigration/permanent residence policies of countries worldwide?

<comment><AUTHOR> I'm not unfortunately.

</comment></comment><comment><USER163> I'd like to make money off an open-source project that uses files from a commercial games (legally) installed assets. Is this possible?

<comment><USER164> I think this thread is intended for immigration legal questions, not just general legal ones.

<comment><USER163> Oh ok. I'll delete if I can figure out how!

</comment></comment></comment><comment><USER165> I'm a Canadian with no degree, is it possible at all to work inside the US for me? What about working for a US company remotely from here?

<comment><AUTHOR> US immigration has no say over working remotely for a US company so that's fine. Also, depending on your qualifications and field, there are visa classifications that don't require a degree, such as an E-1, E-2, L-1, O-1, and certain TN occupations.

</comment></comment><comment><USER166> Hey Peter, thank you for doing this! Can you be a founder and/or have a side business if you are in the I-485 stage of the GC?

<comment><AUTHOR> Legally, yes, if you have a work card; just be careful that the side business doesn't raise questions about the realness of the sponsored job.

</comment></comment><comment><USER167> How likely the political conflicts between China and US to affect the immigration law (or enact specific laws to China nationals)?

</comment><comment><USER168> Do you think there is any chance that the current administration will try to kick permanent residents out of the United States?

<comment><AUTHOR> No.

<comment><USER168> Thanks!

</comment></comment></comment><comment><USER169> Can you share the basic text/structure for B-1 visas to attend an acceleration batch in the Bay Area?

</comment><comment><USER170> How much do you charge for an initial consultation?

(Serious question; I don't have a sense of how much things like this generally cost).

<comment><AUTHOR> Email me separately. Thanks.

</comment></comment><comment><USER171> Policy question: do you support merit based immigration? Do you think this will benefit the tech industry and the economy?

</comment><comment><USER172> On H1/H1-B.

What are the options for starting a company?

<comment><USER22> You can co-found a startup with US-citizens/greencard holders. However, you cannot own the majority of the shares since you own the board's decision :) - as long as the board can fire you...

</comment></comment><comment><USER173> What do you think about online immigration attorney services like self- lawyer.com? Would you recommend such?

</comment><comment><USER174> Hey Peter, Thanks for doing this. How would a person on H1B file an O-1 visa to start a company in the US?

</comment><comment><USER175> Does YC pay your standard billable rate, or do they send you enough business to warrant a discount?

<comment><USER115> Laughed at this - sounds like something a YC exec would post under an alternative account even though I'm sure it isn't

</comment></comment><comment><USER176> What are the rights of someone on an L1 VISA in the US with regards to starting up a business?

</comment><comment><USER44> How would it be possible to work for your own company while on STEM OPT?

</comment><comment><USER177> Attorney here (tax and tech). Would love to help. How can I get involved?

</comment><comment><USER178> Can a "remote only" company file PERM for one of its employees?

<comment><USER22> Yes, any company can file PERM for even non US-based employees (they'll have to go through consular processing and they might not be able to travel to the US in the meantime until the visa is done processing since they have expressed immigration intent).

</comment></comment><comment><USER179> I have been working on F-1 OPT for the last 16 months or so at a startup and they recently applied for my H1B. We haven't heard back from USCIS yet on whether it was approved but, given Trump's recent ruling on H1B visas, I have no idea if that will happen at all now. As I understand, the process of being approved isn't affected, it's just the process of getting the actual visa itself at an embassy? And given my existing status, it's not clear that I am affected by the suspension. Either way, I still have about 18 months of OPT left, so I am assuming that I would be safe to come and go on my F-1 visa even if the H1B is suspended. If I were approved, I believe I could collect the visa in the future once the suspension has ended. Is this a reasonable assessment of how this works or am I way off the mark?

There are a number of people I know in similar situations and no one seems to have a straight answer about what our status is.

<comment><AUTHOR> You are correct, the pending H-1B petition is unaffected by the latest proclamation/H-1B visa ban; it only applies if and when you want to apply for an H-1B visa at a US Consulate abroad. And yes, you can travel on your F-1 visa while the H-1B petition is pending or even after it is approved; this just means that you might to leave the U.S. at some point and apply for an H-1B visa to "activate" your H-1B status. But make sure to check with your company's attorney because your ability to travel on your F-1 visa could be compromised if and when the H-1B petition is approved if approved as a change of status.

</comment></comment><comment><USER139> Is it okay to monetize on a mobile app while on H-1B visa?

</comment><comment><USER180> Should we still be a delaware c corp or has that changed?

</comment><comment> huy-nguyen In the latest EO, the Trump administration mentioned changing the H1B program to protect American jobs better and transitioning to a merit-based system. There may not be enough time to make that happen but I imagine some sort of immigration reform along those lines will happen if Biden wins the next election. What reforms do you expect to see to the H1B program and employment- based green card? How should current H1B visa holders do to prepare for those changes?

</comment><comment><USER181> For seed stage startups (< 10 employees) filing H1-Bs, what kind of approval rates have you observed in the last 1-2 years? (Given the USCIS crackdown under the Trump administration).

Are you seeing a change in approval rates after the recent USCIS-ITServe settlement for startup H1Bs?

<comment><AUTHOR> The chance of approval really isn't tied to the size or reputation of the company but more to the job and the individual's background and we're seeing high approval rates where the job is clearly an H-1B job (such as a software engineer) and the individual has a related degree (such as computer science) even for small startups. The real challenge comes with filing H-1B petitions for founders/those with significant ownership interests.

</comment></comment><comment><USER182> what do you think of pg's essay?

</comment><comment><USER183> Is Trump's plan to bring merit-based immigration going to affect country-based quotas?

<comment><USER29> The RAISE act doesn't touch country quotas for employment based Green Cards.

In fact on my reading it implements a cap for spouses and children for family based immigration.

<comment><USER183> Thank you. My question was in response to this development: [https://www.youtube.com/watch?v=pk7iQtad2Qo](https://www.youtube.com/watch?v=pk7iQtad2Qo)

Didn't know it referred to the RAISE act.

<comment><USER29> Nobody knows what this is but it's likely RAISE plus some amendment for DACA.

It has to go through Congress though so take it with a pinch of salt.

</comment></comment></comment></comment><comment><USER184> I'm not sure if this is the right forum to ask, but I thought I'll try because I couldn't find much information online.

My neighbor is a really nice undocumented immigrant family. The family has 2 hard working kids who used to tutor others kids in the neighborhood to make income. They are now suffering because they don't have work and they need help. I have been giving them a monthly stipend to help them pay for food and rent. (2k / month).

I'm thinking of starting a non-profit charity so I can write off the money I'm giving away as donations.

Question is, are non-profit charities allowed to help undocumented immigrants? Or are American non-profits meant to help Americans only?

\---

(Update based on answers) There are alot of wonderful charities that do these kinds of work. I specifically just want to help the undocumented immigrants I know (like my neighbors). It may be seen as unethical if I simply donated to a charity and asked them to use the money to specifically help my neighbors.

So I plan to start my own NGO to specifically help my neighbors first and then eventually other people around my local community if I get more funding.

Giving cash money to help them is okay if we make sure 100% they are not doing any work for me (or my org).

In case you have the same idea, hope these info helps you make your decisions. Thank you @proberts!

\---

Update 2: Changed wording from illegal immigrants to undocumented immigrants so thread can focus on the right topic.

<comment><AUTHOR> There is no restriction on helping illegal immigrants (a lot of charities do this); the issue is paying them for work done since they don't have work authorization.

<comment><USER185> aren't you "harboring" them, as far as the law is concerned? [https://www.law.cornell.edu/uscode/text/8/1324](https://www.law.cornell.edu/uscode/text/8/1324)

[https://www.disciplesimmigration.org/wp- content/uploads/2017...](https://www.disciplesimmigration.org/wp- content/uploads/2017/02/Harboring-Memo.pdf)

"Harboring is conduct that substantially facilitates an immigrant's remaining in the U.S.illegally and that prevents the authorities from detecting the individual's unlawful presence. (U.S. Court of Appeals for the Second Circuit)

Harboring includes affirmative conduct such as providing shelter, transportation, direction about how to obtain false documentation, or warnings about impending investigationsthat facilitates a person's continuing illegal presence in the United States. (U.S. Court of Appeals for the Third Circuit)

Harboring is conduct tending to substantially facilitate an immigrant's remaining in the U.S. illegally. (U.S. Courts of Appeals for the Fifth Circuit) Harboring is conduct that clandestinely shelters, succors, and protects improperly admitted immigrants. (U.S. Court of Appealsfor the Sixth Circuit)

Harboring is conduct that provides or offers a known undocumented individual a secure haven, a refuge, a place to stay in which authorities are unlikely to be seeking him. (U.S. Court of Appeals for the Seventh Circuit)

Harboring is conduct that affords shelter to undocumented individuals. (U.S. Court of Appeals for the Ninth Circuit)"

(Could always say didn't know-- don't ask don't tell)</comment></comment></comment>