<- Back
Comments (208)
- albysteinHi Peter,Thanks for hosting this AMA. I’ve an immigration issue related to status transition. So I came to the U.S on an F-1 visa about 6 years ago. However, during the course of my undergraduate study, I found out that I qualified for TPS. So I applied and received it. Afterwards, I decided to take a leave of abscence from school to work on a startup because TPS allows me to. I was also made to change my status from F1 to TPS. And my I-20 status period expired a few months after I took the leave at the beginning of 2024.Owing to the recent TPS terminations of various countries, I’m afraid that my TPS will be terminated once it’s up for review in a few months. My question regards transistioning back to F1 status. I’m wondering if I can change status back from TPS to F1 without having to leave the country. This is because a visa ban is currently in place for the country for which I hold TPS. As such I can’t risk traveling outside the country as I won’t be able to get back in because of the visa ban. Btw the ban anpplies to all visa categories including F1 and O1.Thanks!
- rsp1984A bit "off topic" but this is called AMA, so why not:To which degree do you see your own profession (law practice) changing with AI? As an outsider it looks like most of the legwork, research work or basically anything a non-senior attorney would spend their time on could soon be done by LLMs. How accurate is that impression? What future do you envision for law-related professions?
- lawstudent967I’m a midlife career changer about to start law school at 45 after 20 years in tech, and right now I am trying to figure out if criminal defense or immigration is the field I want to pursue since I have relatively equal passion for each but neither keeps me up at night so to speak. What would you say I should be thinking about to reach answers that I am more likely to be happy with in terms of the choices that will determine the major contours of my career as an attorney? Or am I asking the wrong question and should instead be asking something else entirely?
- zacquHi Mr. Roberts, Thank you for doing this.I was adopted as a child by my uncle in my home country, where record-keeping is poor. As a result, all my official documents, including my birth certificate, list my uncle and aunt as my parents. I used this documentation when I obtained U.S. citizenship. I now want to petition for my biological parents to immigrate to the U.S. My uncle still lives in my home country and has never received any immigration benefits from me. Is it possible to petition for my biological parents under these circumstances, and how complex would the process be?Also, could you recommend a reputable immigration attorney in Washington State or the West Coast?
- sophia01I'm graduating from my PhD and starting a FAANG research role. I'm Australian and about to start in F-1 OPT status.I am interested in an EB-1 or EB-2 (possibly NIW) visa, but am concerned about a long period where I can't travel (aka re-enter).What's the practical difference between E-3 and F-1 OPT (with STEM extension) in my case? Is it easy to switch from F-1 to E-3 at the same role?
- tk90Hi Peter! Thank you for doing this. Are you seeing any issues/concerns with Green Card holders traveling internationally and returning to the US in the past few months?
- probertsI will be taking a short break. Please keep the interesting questions and comments coming. Thanks.
- lazzursWhat sort of people get O-1 visas? I assume it is people with multiple degrees and have decades of experience in a specific field?I am good at what I do, have done public speaking at major conferences on what I do but no degree and so assume that i've no chance of ever getting into the USA. Currently a UK citizen living in Ireland.
- wallyrabbitbunHey Peter,I'm still waiting for my family based GC to be approved. It was applied for in March 2023.I've tried contacting my senators to see if it can be expedited but USCIS replied to say that it's still within "normal processing times" and that there is not yet an immigrant number available as my priority date is not earlier than the final action date.I've been keeping a close eye on the USCIS Visa Bulletin final action dates and have noticed that they don't always move forward each month. I.e. there has been no change between July and August: https://travel.state.gov/content/travel/en/legal/visa-law0/v...Is this normal? Or due to the current administration?
- jackallAs a Canadian on an L-1B visa, approaching the 3-year mark and an upcoming renewal, is it recommended to process it within the US or travel outside and re-enter for the processing at the border?
- kingstonedIf you want to get a visitor visa to attend an incubator like YC, is it better to:1) wait to be admitted into YC and get B1 visa for 3 months. Do you get some kind of invitation letter from YC that increases your chances of approval?2) get a normal tourist visa now and specify you will go to the US for a week or two like a normal tourist and later use that to go to incubator training.
- serg16Hi Peter, Thank you for taking your time to do this.I currently hold J-1 research scholar visa. I would like to better understand what visa options I have after my J-1 ends. I am considering applying for O-1 but I need a professional advice on that. Can you recommend any immigration lawyers that can help me with that?
- techdragonIs it legal to rehearse or practice how to interact with border guards?I don’t need to explain why someone could be deeply anxious interacting with US border officials… it should be obvious to anyone with half a brain. And since looking anxious is a sign that you could be concealing things, thus drawing more attention from border officials… Coaching on how to handle an experience and avoid that anxious spiral and minimise the risk for such travellers… But I’m curious if this is legal. Or if it is legal, would it be construed as evidence of intent to deceive should a traveler do this and wind up being investigated in such a way that it turns up that they have undertaken such practice?
- aussieInSFThank you for doing this Peter!I am Australian, working in tech using an E-3 visa in the Bay Area.My wife is considering moving forward with an EB-2 NIW application, she is currently in F1 OPT. She doesn't have a very strong profile currently, but is willing to work on it.I am concerned that this might complicate me being able to renew the E-3 in the future. My understanding is that an approved or even denied I-140 from a spouse potentially signals immigrant intent for both, and it is at the discretion of the CBP agent to make this assessment.More generally my understanding is that even if her I-140 was approved, and we stayed in the US until the I-485 was filed, that would permanently make me not eligible for any future E-3.Is this accurate?I previously was thinking of following the E-3 -> EB-3 -> GC route myself, but I don't see how I can do this if I'm sacrificing the E-3 if anything goes wrong.
- hertzthrowawayHi Peter, thank you for doing this on a regular basis!In the event of a company-sponsored EB1A with an approved I140 but with an I485 pending for less than 180 days, is it possible for the company to rescind the approval? Or does the approval belong to me even though it is company-sponsored?If the approval can be rescinded, could I lose my priority date and my I485 as well?
- tnthrowawayHi Peter!There's a lot of confusion and uncertainty around a June policy update regarding TN visa (some related links in https://www.reddit.com/r/tnvisa/comments/1lerikw/nonengineer...). At least one big tech (my personal anecdote that I don't feel comfortable sharing) temporarily paused new TN applications for software engineers with a CS degree, citing this change.This seems to have always been a fuzzy area on paper, and some people in this category apparently still got their TN in the past month after this change. Is this a material change in your mind? If so, how are employers responding to it?
- sfd17The sex designation on my birth certificate has changed since the last time I got a work visa. Am I at risk for trying to enter the US on a new work visa as an engineer, or on personal travel?https://www.erininthemorning.com/p/marco-rubio-may-have-just...
- morpheuskafkaSince it was coincidentally posted as a news thread today, it might be nice to clarify here when the new $250 nonimmigrant visa fee takes effect and who it applies to?
- pikerThanks so much Peter - how do non-US people typically work in SF during YC?I am a US citizen but have a few non-US citizen friends who might join if accepted.
- turtle_samuraiHi Peter, when i went to Hacker news this morning and saw this post i thought, that's a bit unusual, an attorney??, so i think its cool that an immigration attorney visits channels like this. Anyways, me and my soon to be wife (we get married next Friday) have consulted an immigration lawyer regarding my status, i overstayed my tourist visa, so now im out of status, the lawyer mentioned that i have a pretty good chance to adjust my status since i came here legally and i don't have any felonies or anything bad on my record, however my concern is this, should we and my future wife wait a bit longer to apply for this change of status until we have more hard evidence? we live together and have a joint bank account, in which i deposit a certain amount each month so she can pay bills etc, thing is she is not regularly using the card, she just uses a big portion on the rent or she just transfers it to her personal, we will also get our phone and car insurance bills together, we have joint Costco membership too, what other evidence do you recommend we should work on or is there a resource online i can use as a guide to build an excellent case? thank you!!
- trycatchthroawyI have a question for a friend who is looking to work at US-based companies either remotely and is open to relocating and moving there if required, but she is from the UK and a citizen there who just left her job as a software engineer at a startup in the UK recently.She is looking to be able to legally work for some of these US based companies and is also interested in US startups but when applying she cannot answer the US authorization question in the application (If she said 'No' it will get her an immediate rejection). So my question(s) are:What is the best visa for her to apply for as a UK citizen to work for a US company?How long will it take for her to get the visa so she can apply for US jobs?
- anonymoushnHello, a friend of mine is a strong systems programmer from Poland but has not graduated from college. Is he basically unable to get a work visa for the US?
- hdividerHi Peter,Asking for someone else: is the NIW category still backlogged? If the goal is to get a green card within the STEM-OPT extension timeline of 2 years, for someone who has very high achievements that fit either NIW or EB1A categories, which of these is likely a better option? I'm hearing some rumors that NIW can happen faster these days.Thanks!
- taesuHi Peter, thanks for doing this. Wife and I are both Canadians. Wife is on a H1B and I'm on TN - separate employers. My 9089 is being reviewed, while she is on labor market test. What is the best path forward to getting GC for the both of us while working? Should we keep going forward with this setup and whoever can file for I-485, add the spouse to beneficiary?
- morajabiHas YC rejected applicant because of possible visa issues due to country of origin because of travel bans? Should those still apply for YC?
- SteveVeilStreamIf someone is coming from China or India and is equally interested in working in Canada or the US, which way would you point them?
- yegortkWould licensed lawyers' monopoly on the right to give legal advice in the US survive a First Amendment challenge if it ever reached the Supreme Court?
- dee_s101Have O1 visa approvals slowed under the current administration, and what steps can individuals take to address this?
- rsstackMy time to apply for citizenship based on my EB green card is approaching (4 years and 9 months, right?). Is it still advised for employment-based cases without children to file the N-400 without a lawyer?Additionally - I will be getting married, to a US citizen, after filing the N-400 but likely before it will be approved or before the oath ceremony. Does that change the answer? In theory, she's not benefiting my case and not benefiting from my case, but I'm not sure if USCIS has a different opinion.
- codybontecouHey Mr. Roberts!I'm a US citizen and my wife has a green card. We like to travel extensively, but feel limited by the need to be in the US for at least 6 months out of the year.In an ideal world, we could get a digital nomad visa in Portugal and my wife and I could live and work there while we wait out some of the chaos that seems to be occurring in the US.But, we're not sure if we can live/work in Europe while simultaneously fulfilling the green card requirements. Do you know if there's an exception for cases like this?
- hansvmThank so much Mr. Roberts.The status quo looks dangerous in the US even for born-and-raised citizens. With ICE targeting people based on skin color, what should a citizen do to protect themselves?
- abafterratic872Hi Peter, thanks for doing this.For myself as a UK citizen, what are the most realistic options for obtaining a visa to work in the US? The H1B is the main one I'm familiar with, but with the lottery and the one year application cycle it doesn't seem an easy route. The other option I'm aware of is the L1, do you know how realistic it is to obtain one of those? I don't currently work for a multinational company but would look to move jobs if an L1 visa was a possibility.Are there any other realistic routes available?
- gc-painI'm on a L1B and my labor market test just failed for the PERM process.I found my job ad on LinkedIn and it had over 300 applications within a few days of going live.I have a suspicion that due to the ATS we use for our company it showed the job application on many different channels unnecessarily.What do you suggest I do next?
- usr402Hi Peter, I'm from Europe and currently in the US on a B2 visa (I’ve traveled frequently between the US and Europe over the past year, so we chose B2 over ESTA to be safe). I’m preparing my O-1 case to legally work on my startup here. I would love to participate in an accelerator here. This would also strengthen my application for the membership/awards criteria but I am not sure if I am even legally allowed to participate in these programs (e.g. YC) on a B2 before officially having the O-1? Thank you!
- mindwokI'm Australian and have always wondered about how easy it is to get an E-3 visa. What does it take from the sponsoring companies side to actually do it and get me over there?
- dilyar85Thanks for being here and taking the time to answer questions.I’m currently on an L1B visa with company A. I have an approved H1B (consular processing, not yet activated) for company B. If I get an offer from company C, is it possible to switch directly from L1B to H1B with company C while staying in the U.S.? In other words, can company C file a change of status to activate the H1B?
- probertsThank you for the great questions and comments. I will be taking a brief break and will return shortly.
- kreeWallHi Mr. Roberts;Thank you for doing this, yet again - your insights are always so valuable. I am on an H1B, and my company applied for a Greencard, and I have received a Priority Date with my i-140 (sorry if I'm not using the correct terms here, this process confuses me). When am I able to leave my current employer without losing my priority date? Would I need to get my new employer to apply for an H1B transfer and extension for me, or how does that work? Thank you!!
- threway742Hi there, I'm working in the UK on a work visa. I previously applied for a US position at Fermilab and NASA ADS. Although, I didn't get the position I was told the H-1B visa process for these positions was much simpler (not through lottery) as they fall under a special category.Can you advise other what other sectors offer these privileges? Also, if I get the H-1B through this process, am I allowed to switch to a different employer in the future?
- y-curiousHi there, love your little series. Are you seeing any clients face deportation while possessing greencards? If so, can you share some context as to why and what recourse they have?
- Kanishka2025Hi Peter, I wanted to know what all options are available other than H1B after F1 OPT visa expires to continue working in United States?
- tears-in-rainHello! I may not be as knowledgeable about immigration as previous speakers, but could you provide me with a bullet-point list of the latest legal requirements? I’d like some guidance as someone currently outside the U.S. who wants to work in your country. Thanks.
- unhappy_meaningHello Mr. Roberts,Thank you for doing this, as you know we've probably have seen some crazy news articles and segments of ICE agents arresting people all over the U.S. with some for good and some for wrong reasons. What is your advice or best practice for someone who is "wrongfully" approached by ICE agents but has legal status to be in the U.S.? (whether work visa or green card)I've read that someone should carry their green card with them or if they have some sort of REAL ID mark on their drivers license it may help.Thank you again for doing this!
- loteckHi Peter - do you have any specific thoughts for people posting about immigration scenarios here, to help keep themselves safe? Given that it was recently revealed that ICE is monitoring these comments.[0][1][0] https://www.404media.co/the-200-sites-an-ice-surveillance-co...[1] https://docs.google.com/spreadsheets/d/1VyAaJaWCutyJyMiTXuDH...
- poki89Hi Peter, My H-1B status is set to expire in November of this year, marking the end of my 6-year limit. My NIW (EB-2) petition is currently under review. In the event that my NIW is approved after my H-1B has expired, would my employer still be able to file for an H-1B extension on my behalf?
- r_thambapillaiShould I hire a lawyer to fill out the form to apply for citizenship as a Green Card (marriage) holder
- kyawzazawWhat's the fastest timeline to get green card under EB-3? What things does the employer company does that could speed things up like batch process, generic existing applicable job posting?
- TNWinHi Peter,Thank you.What should my next steps be if my employment-based green card renewal is denied?
- AdventureMouseHey Peter! What are some of the most common legal mistakes you see startups make and how can they be avoided?
- HiHelloBolkeIm a Canadian, I want to expand my business to US - what’s the right way to do that and use that for green card?
- asadmis E2 still an easy option for (small) investors to buy/start a business with ~100k capital?
- bumblebee331I just got my green card but the category mentioned on it is wrong (E18 instead of E17). Is there an action I need to take? Separately, can I use the existing card to travel outside the US and reenter?
- poohonbreak1Hi Peter, I am on a H1B visa; Is it allowed to run a company by myself if I never take out the revenue off the company bank account (so, effectively unrealized gains).
- kwar13Can you convince YC to have programs outside the US by any chance? It's not exactly easy getting into the USA these days and by no means a smooth experience either.
- square_usualHey Peter! Thank you again for doing this series. Apologies for the broad question, but do you think it applying for PERM during the current administration is a good idea? My understanding was that in the first Trump administration, PERM denials went up quite a bit, and with immigration being an even larger concern for the second administration I'm wondering if it makes sense holding out for a few years if that's a possibility.
- vFunctAre non-US citizens banned from working on <2nm GAA technologies? What are the ITAR limits on non-US citizens from working on these tech? Can we incorporate in another country to allow hiring on non-US citizens to work on <2nm GAA technologies?
- ronaldgpersoni'm probably going to marry my american partner next year and thinking of moving to america. what are (generally speaking) my options for working? coming from the united kingdom.
- aliljetWhat is the likelihood today that Trump and his allies in Congress may improve the ability for H1B holders to obtain green cards? This was repeatedly raised during his campaign and his first weeks in office and it sounded like this was going to be a thing....
- kappiwhy is ycombinator promoting immigration thru H1B when so many US born CS grads are finding it hard to get job. In 2023, American colleges graduated 134,153 citizens or green card holders with bachelor's or master's degrees in computer science. That same year, our federal government handed out work permits to at least 110,098 foreign workers in computer occupations through just three major guest worker programs. That's equal to 82% of our graduating class who are guaranteed jobs even before any Americans walk across the stage for their diploma. https://ifspp.substack.com/p/data-on-how-america-sold-out-it...
- onepremiseImmigration is actually directly related to how CEOs and VCs intend to change the landscape for all things government related, and democracy as a whole. There is very much a subjective intent to tear down the rule of law, the rights that safeguard Americans as a whole, starting with immigration. IT's an entry point, a target to whittle away basic rights of the average American. Peter Thiel touches on this need for a tech revolution in his paper "The Straussian Moment", https://www.hoover.org/research/peter-thiel-straussian-momen..., who also funded JD Vance's rise to VP, and DJT.These guys, "Tech Bros", love the concepts written in Srinivasan's book "the Network State", and want to replace our current government with distributed monarchies. Srinivasan, Thiel, Andresen, and Curtis Yarvin actually have a documented plan to achieve this which is being executed, to a "T", which involves attacking immigration, not just as a distraction so they can attack the courts directly, but also cause it's part of their vision. This plan is referred to the butterfly revolution, by Curtis Yarvin, which states the following:1. Reboot (“full-power start”) Suspend or bypass existing constitutional limits; concentrate absolute sovereignty in one new organization—analogous to Allied occupation powers in post-1945 Japan/Germany. Eliminate checks and balances that block rapid change.2. CEO-Monarch model A single executive (chosen like a corporate CEO) rules; the former president becomes a figurehead “chairman of the board.” Treat the state as a firm run for efficiency, not democratic representation.3. RAGE strategy “Retire All Government Employees” by mass-firing the civil service and replacing it with loyal appointees. Remove institutional resistance (“the Cathedral”) and ensure obedience.4. Parallel regime Build a fully staffed shadow government in exile before inauguration; unveil it on Day 1 to take over agencies at once. Prevent the bureaucratic slow-rolling that stymied Trump’s first term.5. Media & academia clampdown Defund or shutter universities and independent press seen as hostile. Break what Yarvin calls the Cathedral’s cultural dominance.Curtis Yarvin's writings include pointed attacks on immigration, both as a policy and as a reflection of deeper systemic problems. He uses immigration as an example to argue for the failure of democracy and to advocate for his preferred model of authoritarian governance. He also frames immigration debates as distractions from what he sees as the real issues-namely, the incompetence and self-serving nature of current elites and institutions.Do you understand why the current administration would want to attack immigration? Altman, Theil, and others(Tech Bros) that manage YC, Palantir, OpenAI. A16Z prescribe to these beliefs. It is no secret, no conspiracy, they publicly talk about this. How do you feel about their approach, and YC's involvement, to changing governance and the future of our country? How do feel about Immigration as a tactic to attack the judicial branch as well assault innocent legal civilians with ICE, which is part of their reboot strategy?
- tombertSo, I have a wife who just got her citizenship. We're very happy about that.Concerning, though, is the current presidential administration's talk of trying to do large-scale denaturalization of citizens.I know you don't have the ability to read minds, but would you care to hazard a guess to much of this is the president just blowing smokes or how worried I should be?
- cFyrute[dead]
- AStonesThrow[dead]
- commiefornia[dead]
- chickenzzzzu[flagged]
- Kapura[flagged]