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

156proberts | | 254 | HN
pain_perdu | parent | next
Hello. I don't have any questions but just wanted to share that I found Peter through one of these threads 9 years ago and his work and advice has been incredibly helpful in ensuring my continued ability to live and work in America through a variety of situations. I highly recommend using his services and listening to his sage advice.
proberts | parent
That's very kind of you. Thank you.
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fertrevino | parent | next
Me and my cofounder are non-US residents and live in Germany. If we get into YC, what would a typical / recommended way to proceed be?

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

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

Thanks in advance

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

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

withzombies | parent
You should still create a US C-Corp, ideally in Delaware.
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philip1209 | parent | next
Historically, startups have hired foreign "employees" as contractors to simplify paperwork.

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

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

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

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

hervature | parent | next
This is my (not Peter's) advice for Canadians/Mexicans for TN, Australians for E-3, and seems to apply for Singaporeans/Chileans for H-1B1: If it is an automated system, just put no. That may be an automatic filter. There will be time to talk to a human and say "all we need is X/Y/Z" where X/Y/Z is something the hiring manager can do without involving a lawyer. If a human is asking you, then just say "Yes. I need a visa but I can walk you through the process. No lawyer needed."
swyx | parent | next
hey fellow singaporean - you may enjoy my h1b1 guide https://www.swyx.io/h1b1

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

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

einpoklum | parent
Not Peter Roberts nor a lawyer, but: Why don't you just say "I'm Singaporean, so I'm not sure I would need to apply", and give a link to some article which describes the special visa eligibility for Singaporeans? Also note that H-1B1 is just one kind of visa, and there are many others - for which you likely would need to apply.
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gangstead | parent | next
One idea to replace the H1-B lottery that I've seen on HN is to sort the applications by salary and let in the top XX highest paid.

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

proberts | parent
I just don't see how the value - from a benefit to the U.S. economy perspective - is tied to salary so that doesn't make sense to me as a line to draw. If the H-1B program were to be limited in any way (which is not something I necessarily agree with), one option is to list occupations that are in short supply each year and to prioritize those. Many countries do this.
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rmnwski | parent | next
What are considered best practices for a German/EU citizen to start a startup in the US? What would be the process to found a company and to move to the US to work for your own company be like? Or would it be better to found it Germany and move it to the US at a later point (after PMF for example)?
proberts | parent | next
There are multiple options to working for your own company in the U.S. The most common paths are the O-1, the L-1, and the E-2 and E-1 visa. Creating a company in Germany first might open up a path to an L-1 visa but that's the only relative advantage to opening a company in Germany first. The E-1 and the E-2 require that the U.S. company be at last 50% German owned and that there be a substantial investment of German money into the U.S. company or substantial trade between the U.S. and Germany via the U.S. company. The O-1 is based your own personal achievements. If you can have German invested into the U.S. company (whether from you or others or both), which generally means at last $100k, then the E-2 is a very good and easy option and relative to the O-1, allows spouses to work.
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notanadvice | parent | next
Hi Peter, I’m an employee at big tech in an L1 VISA in the US. I’d like to know what happens if I get laid-off. Will I have a chance of finding another job. How much time will I have before leaving the country?

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

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square_usual | parent | next
Good morning Peter! I don't mean to get political, but do you anticipate any changes in the H1b process based on whoever wins the upcoming election? I've heard there were significant difference between the past two admins and that could play out again.
proberts | parent
No worries. I just discussed this in response to another question.
lesuorac | root | parent
Can you link to your previous comment in the future?

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

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pastalav1st4 | parent | next
Hello Peter and thanks for the AMA!

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

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

P.S. : I’m an EU Citizen

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norswap | parent | next
What's the general schema of getting someone a work visa in the US?

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

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

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

proberts | parent
If the individual is employed by a related entity abroad, then large companies would transfer him or her to the U.S. using the blanket L visa, a super fast and easy process. If the individual is not employed by a related entity abroad, then other options must be considered. First, there are easy options if the individual is a citizen of one of five countries with its own visa; these are Australia, Canada, Chile, Mexico, and Singapore. These countries have free trade agreements with the U.S. that give rise to these visas. If the individual is not a citizen of one of these countries but is employed in H-1B status by another company (or previously was employed in H-1B status), then an H-1B change of employer application is usually the best option and an easy one. If the individual is not employed in H-1B status (and never has been), then we look at the O-1. Sometimes the E-1 or E-2 visa is an option but this has very specific and limited requirements regarding the nationality of the company and the individual and regarding the company's trade with U.S. and investment into the U.S. company. It's a great option when it works. The EB1A is a green card path and is a high standard that takes a while.
arromatic | parent | next
How do ycombinator signs deal with startup that were accepted but the founder is in another country ? Do they ask to visit us or there are other options.
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gr4vityWall | parent | next
I'm a non-American Software Engineer, living outside the US. Me and my girlfriend (who's an American citizen) are seriously considering marrying and moving together next year.

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

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

Thank you for your time.

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

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

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

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

proberts | parent | next
This is complicated so it's important to speak with an immigration attorney before you take any steps. The better option is to apply from within the U.S. but doing this while in the U.S. as a tourist is problematic. The other path, through a U.S. Consulate abroad, raises no legal concerns but can take a very long time (compared to a U.S. based application).
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KK7NIL | parent
> I go there with the intent of getting married, do I need a special visa or not, considering I can already enter legally?

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

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

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

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

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

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

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

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

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randoglando | parent | next
Any hope for Indian immigrants on H1-B to get a green card? There are over 1 million immigrants affected by this.
proberts | parent
It's just an unmitigated disaster. The only non-laughable path is via the EB1 (or marriage to a U.S. citizen or permanent resident). Many Indians who are working for U.S. companies in managerial positions will agree to work abroad for their employer for at least one year and this opens up the EB1C path.
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ryangs | parent | next
What are some of the challenges involved with international hiring in a remote environment? I work at a fully remote startup with ~200 employees. We hire from a couple dozen countries but I know there are fairly significant barriers whenever we add a new one. What are some of those challenges? Are they getting more streamlined?
proberts | parent
From an immigration standpoint, there are no issues with U.S. companies employing foreign nationals who are working remotely OUTSIDE the U.S.; U.S. immigration doesn't come into play unless and until the individual will be working IN the U.S. For employees working remotely in the U.S., while this needs to be noted and referenced in any immigration application, it doesn't really change the immigration options and paths.
porker | parent | next
In the USA is there any concept of prior art when considering trademark applications, like there is with patents? If "YCombinator hosting" had been commonly used by businesses, and YC decided to trademark that phrase, would the prior usage be taken into account (and void the trademark application)?
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ub-volta-toss | parent | next
Do you have a list of common red flags that engineers should avoid when considering working at a startup?
proberts | parent
From an immigration standpoint? Only that the immigration options and issues should be fully vetted and understood as early as possible. While there are some minor differences, from an immigration standpoint, there's little difference between the immigration options/path for employment with an established/large company and a startup.
jonpurdy | parent | next
Hi Peter, thanks for all the AMAs you've done in the past.

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

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

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

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

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

proberts | parent
Individuals working outside the U.S., even as employees of U.S. companies, are outside the reach of U.S. immigration law. Now, that doesn't mean that they are outside the reach of all laws, such as those controlling exports or combatting (cyber)terrorism. But immigration law has no say.
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abhinuvpitale | parent | next
How does EB-2 NIW essentially work? Is it tied to a specific employer or can it be used to justify H1b renewal/transfer beyond the 6 year limit at a different workplace with the different role ?
proberts | parent
There are two types of EB2 green card paths, one (the PERM-based EBs) is tied to a specific employer and a specific job) and the other (NIW or national interest waiver) is not.
proberts | parent | next
I'll be stepping out for about an hour now and then returning for another few hours. Thank you so far for the great questions and comments!
kimjune01 | parent | next
I'm a Canadian looking for remote work in America. Is there any downside risk to the employer if I work a W2 remote job from Canada? As long as I pay taxes, is there any risk to the employee?
proberts | parent
From an immigration standpoint, no downside and no risk. We have a lot of companies that do this: employ people abroad as W-2 employees without any U.S. work authorization (which isn't required if the employee is working remotely outside the U.S.).
mrcptthrowaway | parent | next
A small word of warning: I'm speaking with brutal honesty, extreme language is used (unfortunately I have to, it's the truth). Throwaway for obvious reasons. I tweaked the parameters a bit, it's representative of my case but not my actual case.

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

My worries:

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

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

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

Good things:

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

* No criminal record

* 50000$ in the bank

* Coming from Sweden

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

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

proberts | parent
Of course you should consult with an attorney before applying but I don't see any issue with any of these impacting your ability to get a green card
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vicpara | parent | next
Once I get the O1 visa, what paths are available to aim for a green card?

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

proberts | parent
To be clear, green card paths are not helped or hurt or impacted in any way by the underlying status so your green card options are the same whether you're in O-1 status or not. That being said, because of the nature of the O-1, many of those in O-1 status go the EB1A extraordinary ability path or the EB2 national interest waiver path. An O-1, except in limited circumstances, is tied to a specific employer so if your O-1 employer went out of business, your O-1 would go away - but it's very easy to transfer an O-1 from one employer to another.
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sangupta | parent | next
Is there a possible track for H1B holders (solo/team) to be able to start one? What I have usually been briefed is that you need a US citizen as a majority stake holder. Thanks.
proberts | parent
It's challenging but not impossible. A key is having less than 50% ownership interest in the company and an employment agreement with the company. It's close to impossible where the ownership is vested and at or above 50%. Again, not impossible but extremely challenging. The other owners also can be foreign nationals; they don't need to be U.S. citizens. So, where there are three foreign national founders, each owning a third, this should be fine.
sangupta | root | parent
Thanks - this helps.

> employment agreement with the company

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

apeescape | parent | next
Hey Peter, I have two questions: 1. How bad is the H1B situation now? I've read there are companies that flood the system with duplicate requests, which decrease the probability for the others. 2. Is it possible to get a visa and work permit for a partner without being married to them?
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EduardoBautista | parent | next
Could a married couple each get their own individual E2 visas and then sponsor each other on the dependent visa and then both have open work authorization?
proberts | parent
One can only hold one visa so one would need to hold the principal E-2 visa and the other could get the benefit of the E-2D visa.
vadlamak | parent | next
Peter - I am currently living in US and I am on H1b.I have plans to start a company with my partner who currently has a green card.

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

souvlakee | parent | next
If you seek evidence like judging others' work or association membership for your O1/EB1, contact me at halloumee(at)proton(dot)me.
souvlakee | parent
That's regarding the judging of hackathons.
robbiematthews | parent | next
Hi Peter, nice to meet you. I am currently on STEM OPT with expiration being July 2026. What is the best backup path if I don't get the H-1B lottery in the next two years, O-1A or EB-2 or other? Priority date is 1.5 years for EB-2 so would it be advisable to have the company I work for to sponsor this? Thank you!
proberts | parent
There's no downside to having your company kick off the green card process now; the process could move fast enough to allow you to stay past July 2026 (although this isn't likely). The standard options are the O-1 (which should be evaluated soon because you have time to build up your O-1 profile now if you need to) and full-time F-1 CPT through a graduate program.
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volkopat2 | parent | next
Say if a worker on H1B expires all 3 attempts to obtain an H1B and is forced to return to his home country. If the company he/she is working for has a partner company in the home country, can the US company continue to apply for the H1B to bring him back? Are there better options to exercise than this?
ponty_rick | parent
There is no cap on number of attempts. I think the 3 attempts you are referring to is the 3 year OPT after you graduate with a degree, companies usually try to sponsor during those three years while you're employed with them.
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baxtr | parent | next
Just meta: You dropped the "immigration lawyer" part. Does this mean the scope of questions is different?

Thanks for doing this regularly!

proberts | parent
Good catch! Thank you. Immigration lawyer should have been included.
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an0n123456 | parent | next
Hello, being the founder (Recently got H1B)of an early stage startup is there any consequences of not paying yourself the prevailing wage, especially since you also own the company so won't report it to anyone.
gc_burner123xyz | parent | next
Do you have any recommendations on how long one should wait before starting a startup after receiving permanent residence (EB2) in the US?

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

proberts | parent
That's really not true. There was some slight truth to this (but really just slight) years ago before the AC21 legislation, which allows those in the green card process to change employers without having to restart their green card process. Again, to be clear, lawyers used to say there were issues leaving soon after getting a green card, but that really was never true and with AC21, there's really no risk. All this being said, it's still good to have a consultation about this to rest easy.
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jjmarr | parent | next
Is it possible, as a Canadian with an engineering degree, to work 3 days in-office from the USA and 2 days remotely from Canada? Ideally, it'd be nice to have a US salary and live mostly in Canada.
proberts | parent | next
100%. This would be permissible on any work visa, whether TN, O-1. H-1B, E-2, or E-1.
Izikiel43 | parent
The other concern would be tax wise, how do you deal with the CRA regarding the US salary and what not.
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jasonbourne4 | parent | next
How much of a fuss is it for a start-up fresh out of YC to hire someone on an E-3 visa (the one for Australians) ? i.e., time & cost of the process including legal advice & applying for licences if any
proberts | parent
Super cheap, easy, and fast. The E-3 visa is the easiest visa to get (as long as the applicant is Australian of course) and it doesn't matter whether the employer is a startup or an established large company.
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mdawwg | parent | next
Good morning,

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

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

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

Thank you

proberts | parent
This is a payroll/tax issue. Many employers in these situations use an Employer of Record, such as Deel, to employ U.S. citizens living and working abroad but you also could be employed directly as a W-2 employee.
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namanyayg | parent | next
What are the best options for a student (F1 visa) who wants to found a startup in the US?
proberts | parent
This can't be done while still in school but once you graduate, you can found a company while in F-1 OPT and then while in F-1 OPT status, look to change your status to O-1 (assuming that you also don't qualify for STEM OPT or another country-specific visa).
nceqs3 | parent | next
How common is it for companies to skip over a minimally qualified US worker during the PERM labor market test process?

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

yu3zhou4 | parent | next
What is a difference between acceptance rate among teams vs solo founders in YC?
proberts | parent
Again, this is outside my scope. That question should be directed to YC directly.
abixb | parent | next
What has been -- in your personal experience as well as in the experience of some of your lawyer colleagues -- some of the 'hardest' cases wrt employment authorization for US-based startups and YC? And why?

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

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

proberts | parent
Those who are in YC and who previously were in YC almost always can get work authorization, whether it's an O-1, E-2, H-1B, or country-specific visa. Relatively speaking, the harder cases are those involving those who don't have at least a bachelor's degree. While lots of experience sometimes can fix this, not always, which means that an O-1 visa is usually the only option. Regarding the impact of a change in administration, I just touched on this in response to another question/comment.
eeefiil | parent | next
Can an Iranian citizen register a Delaware corporation and operate in the US?
proberts | parent
From abroad? From an immigration perspective, there are no issues but other export controls/commerce laws might come into play.
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Izikiel43 | parent | next
Do you foresee any improvements in PERM processing times as well as the whole process?
proberts | parent
Unfortunately, no. Historically, the only thing that has fixed PERM backlogs is a bad economy or a major change in immigration law.
aaronbrethorst | parent | next
How are you thinking about the potential effects of a second Trump administration on immigration and how it might affect tech companies?
proberts | parent
There's a lot to worry about but to keep the worry/analysis grounded, I think it makes sense to review what his administration did last time. And most of the damage was done to those who were illegal or seeking asylum or were from certain countries and seeking to travel to the U.S. It was awful and very disruptive to the lives of many. On the legal business immigration side, the main damage was the result of changes in policy and the way regulations were interpreted and applied. This included doing away with the deference given to previously approved applications when extensions/renewals were sought. This was disastrous, resulting in the denial of applications for people who had been employed in the U.S. by the same employer for years. The Biden administration immediately undid this when it took office. The other major change was in changing/increasing the requirements for getting H-1B and O-1 visas and extraordinary ability green cards. The Biden administration undid some but not all of these changes. There is concern that a Trump administration would undermine the H-1B program as well.
tombert | root | parent
Is there any reason to think that Trump will ramp things up if he gets a second term? Particularly since the Supreme Court is so thoroughly conservative now?
punitvara | parent | next
I think you missed to mention your area of expertise in AMA description
proberts | parent
I know. That's embarrassing. I've never done that before. Thanks for pointing out!
guerrilla | parent | next
Why did you decide to work with this rather than with people who might need your skills more, or do you do that too?
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vinnymac | parent | next
I don't have a question, but wanted to let you know that your site, www.robertsimmigration.com has a self-signed certificate and therefore others cannot create a secure connection to it.

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

> ---

> SSL handshake has read 1859 bytes and written 427 bytes

> Verification error: self-signed certificate

> ---

Cheers

proberts | parent
Thanks! I need to shut down that website. I merged my firm with another.
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proberts | parent | next
Sorry, there's a dropped phrase in my title. It should read "I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA." Thanks.
cirrus3 | parent
That is going to be confusing, good luck ;)
eapotapov | parent | next
Many Russian citizens who have moved out of Russia are currently being denied B1/B2 visas, regardless of their prior history or any proof of ties to their current country of residence. The rejection rate is around 60%, and I am among those affected under 214(b), despite having held five B1/B2 visas before, with no visa overstays or other issues.

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

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

proberts | parent
What you write is incorrect. Even worse, arguably, is that applications by Russian citizens sometimes just end up in a black hole and never get reviewed. Unfortunately, while applying for an O-1 visa can be a solution, this isn't always the case and O-1 visa applications also can end up in a black hole. In other words, there are no easy solutions for Russian citizens unless they are seeking to travel to the U.S. on government business or possibly seeking to travel to the U.S. to create jobs. But the background security check/security concerns can undermine just about any application unless the Executive branch/State Department is involved and is specifically supporting the visa application.
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tired-turtle | parent | next
Hi Peter. I know a little about H1B1 visas and the process of getting one, having worked with many colleagues who are in the US on one, but I don’t fully understand the pros/cons of the H1B1 program from the perspective of the average American.

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

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

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

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

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farceSpherule | parent | next
Hey Peter!

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

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

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

Amazon and Meta are laying off.

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htrp | parent | next
How are YC startups addressing the myriad of legal and copyright concerns around the AI models that seem to underpin so many of their business models?
proberts | parent
That's outside my area but the key is to engage with corporate/IP counsel at the outset, ideally before the company has been incorporate. One non-immigration issue that comes up all the time is incorporating before the founder has left his or her employer and thus putting the IP at risk.
htrp | root | parent
Ah apologies, didn't realize you were talking immigration only
deadeye | parent
Serious question...

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

What is the advantage to doing it the normal way?

waveBidder | parent | next
not getting ICE knocking on your door and deporting you after living here for decades (happened to a friend's brother in law).
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alephnerd | parent | next
Crossing illegally is an option of last resort.

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

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

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