I'm on H-1B with an approved EB-2 via my current employer and an approved EB-1A (self-petition). I want to switch employers or take a break. I expected my priority date to become current in Q3 or Q4 2025.
Questions
1. If I switch to an H-4 status for a break, can that affect I-485 via EB-1A?
2. I need to visit family urgently and I have got a few offers in hand. Can I quit and travel internationally while the H-1B transfer is in progress and re-enter the US? My stamp expires in 6 months and my partner can mail the approved I-797. What are the general risks here apart from the mail getting lost?
3. Can a change of employment lead to issues with an AOS application in the future using EB-1A?
If the recent trend continues, the May 2025 visa bulletin might have my priority date (May 30, 2013) current for EB-3. Originally, I am on EB-2. I have two questions:
Is it worth downgrading to EB-3, or should I wait for my EB-2 date to become current?
If my date becomes current, what are the next steps to getting a Green Card (GC)? Is there anything I can do to expedite the process?
Can a TN classification denial result in immigration detention? If so, how can I mitigate that risk?
For context, a Canadian woman recently tried to enter into the USA from Mexico and get TN-1 status. Instead of refusing her entry, officials detained her and she's been stuck for 10 days waiting for deportation.
It's unclear to me how big of a risk this actually is for the average "Canadian goes to the USA" story because of her specific factual scenario. Presumably I don't want to enter from Mexico, but is it advisable to take flights from a TSA preclearance airport in Canada so I'm not actually in the USA if the classification is denied?
That's extraordinarily unusual and in my experience has only happened when CBP believes that the applicant was lying or has a criminal record so I wouldn't base the decision on where/how to apply on this very low risk. Depending on the TN application, there are better and worse ways to apply for a TN and from an outcome standpoint, sometimes it's better to apply with CBP at the border or with CBP at a U.S. airport by flying directly to the U.S.
According to this article, Canada rejected her entry as well. Maybe it's not just the US, but this person actually had a real issue with her visa and her travel plans were not prepared well.
"...when she reached the border [Canada], Mr Burke said the Canadian authorities denied her entry as they were concerned she may try to work illegally."
She crossed overland. Imagine you do pre-clearance out of a Canadian airport. Can they kidnap you out of country and ship you to a US detention center?
Canadians may be often unprepared and shocked how aggressive and militarized the southern border is, compared to crossing at northern border land entry points.
I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?
Until recently, I would have said that the only way a citizen could have his or her citizenship taken away was by committing treason but there has been talk by the current administration about expanding the grounds as well as increasing denaturalization efforts. The first Trump administration tried this but it was largely unsuccessful but it's a different administration and a different Supreme Court so I don't think concerns now are unjustified.
> a) Concealment of material evidence; refusal to testify
It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation
According to USCIS, the misrepresentation need not be but-for material. That is, you only need to show that the omission or misrepresentation was relevant to the naturalization inquiry. But you do not need to prove that the government would have denied naturalization had it known the true facts. In that respect, the standard is similar to 18 USC 1001, which has been applied extremely broadly in federal prosecutions. The second Trump administration has much smarter lawyers than the first one, and I'd count on them to be aggressive about using the full scope of section 1451(a).
There's ample legal precedent in the federal system that a green card holder is a "US Person" for many things related to the federal government. For instance, a green card holder can form a corporation, own an FFL, register it with the ATF, become an FFL 02/07 (firearms manufacturer), and even become a SOT (special occupational taxpayer), to manufacture, buy and sell NFA items (silencers). The corporation owned by the permanent resident can even manufacture post-1986 full auto ATF-defined "machine guns", to be retained/owned by the company, as manufacturer samples for demos and sales to law enforcement within the USA.
Permanent Residents are also treated as a "US Person" for the purposes of FAA pilot licensing, up to the largest categories of multi-engine jet transport aircraft.
This doesn't address what recently happened with one specific Permanent Resident that's been in the news, but it's a very chilling effect if suddenly green card status people don't have the right to the 1st amendment.
This is patently false regarding firearms. In certain cases you may be allowed to purchase items, but FFLs and NFA items are only available to citizens not legal aliens.
Green card holders are not citizens. Green card holders are essentially long term visas with citizenship grants for good behavior. They are subject to their terms (don’t break the law, commit crimes, etc.). These can be yanked.
Naturalized citizens are very seldom revoked. Usually it’s revoked when citizenship was determined to have been obtained fraudulently (foreigner or even attorney shenanigans)
> The specific features of the constitutional guarantees of political freedom, due process, and equal protection further support their extension to foreign nationals living in the United States.
Not visas which are visitation permits. They are non-citizens who live in the United States. This is not visitation.
Revoking a green card is akin to expulsion from the country. And can only be used when laws are broken, treason is committed, or terrorism is waged.
In the case of the Columbia student, he was accused of terrorism without trial and had his revocation signed single handedly by the Secretary of State. This is a first time for the law to be used.
Could you show me where in those rules it says that you're not allowed to support Palestine? Or possibly somewhere in the rules where you forfeit your right to free speech?
GC holders are permanent resident aliens, not naturalized citizens. Yes, thet went through a legal process, but citizenship is further down the road of that process.
Incorrect. GC holders are not "naturalized US citizens" and still need to apply for full US citizenship with the USCIS when they are eligible to do so.
Nope. Not at all. They put people on a path to citizenship, but they are not yet, till they are sworn in as a citizen. Residency can be revoked for criminal behavior, fraud, among other things.
How do you protect people visiting or participating in YC from ICE? There have been two dozen stories of random tourists being disappeared for no good reason from all over the US.
Given that the policy is in the very early stages of implementation we can expect those numbers to reach the hundreds, thousands and tens of thousands in the next few months.
Hi Peter, Thanks for doing this. I am a Canadian citizen born in India and ~ 6 months ago moved to work for a FAANG company on a TN visa from Canada.
The company applied for H1B visa lottery this year and awaiting the results for that.
My question is if I get through the H1B lottery
- How does it impact my options to switch employers in the future? Would I be able to work on H1B for future employers?
- My partner (Canadian citizen) is currently on a TD visa (which does not allow work) but actively searching for positions eligible under the TN categories. If my status changes to H1B, would she be ineligible for a TN visa?
Are there any obvious advantages of H1B other than eligibility for applying for a green card (which is a loooooong wait for people of Indian origin)
What’s the play for solo founders? I can’t establish a company and work towards funding without an H1B but then at the same time I can’t really afford an H1B without funding.
I did this for a bit. There has to be an employee employer relationship even if you have equity. You must establish that you can be fired by the board or an executive in the company. Also you need to be on payroll (W-2) at pulling a prevailing wage for your region and job description.
In connection with trying to start a company, there are a lot of activities that can be undertaken as a visitor without a work visa. In fact, I would say that more often than not companies founded by foreign nationals are started when they are visitors. The line that can't be crossed is productive work for compensation but establishing the company, obtaining funding, meeting with potential clients, even hiring can all be done while in the U.S. as a visitor. That being said, the line between work and non-work sometimes is grey and nuanced so it's good to consult with an attorney to understand the limits. This is particularly important when traveling to the U.S. because it's at the port of entry where entrepreneurs are most likely to have issues particularly if they are traveling to the U.S. frequently. One form of protection so to speak is to establish the company with the goal of obtaining an E-2 or E-1 treaty visa; the visitor regulations are much more flexible regarding permissible activities as a visitor when the visitor is planning to get an E-2 or E-1 visa.
Do Greencard holders have right to Social Security? What can you do if you are denied it?
Background: I was a GC holder and the expiration date on the GC was past due by the time they processed my application for social security. BUT I had also already applied for citizenship, and when doing that online the website informed me that my CG status was automatically extended a year or so because I had applied for citizenship.
I showed the Social Security Administration the printout of the document that showed my GC status had been automatically extended. But they denied my social security application with the reason "We have not been able to determine your age is > 64".
I had been to the SS offices several times showing them my actual greencard and my valid passport from my country of origin. The government issued GC showed my birthdate. Also I showed them the printed social security statement they used to mail me every year or so, showing my age.
So it seems to me I was denied social security on totally false premises. They surely were able to easily and reliably determine my age.
How can this happen in USA? Why would they do this? Do they have a standing order saying "Deny every application you can if it is an immigrant?"
What should I do? Sue the government? (I understand you cannot give an exact recommendation what to do in this case, but would that be a viable practical option?)
To follow up a bit: I got my citizenship. Then I was approved for Medicare. Then I applied for Medicate part C and D with the healthcare provider Humana. Humana initially approved my application but then sent me a letter saying my part C and D was DENIED the reason being: "Illegally present in US".
I have never been in the USA illegally but always had a valid visa until I got my citizenship. So where did Humana come up with the claim I was illegal? I can only assume that Social Security Administration told them so, perhaps to cover up their mistake that they had wrongly denied me social security.
Should I sue Humana or Social Security Administration?
Hi Peter, given that companies are constantly laying off employees, what options do people on H1B have in an event they are out of a job? One can find a job but a 60 day time restriction can be very challenging. It’s almost impossible to apply, schedule multiple rounds of interviews, get an offer AND file the immigration paperwork in that time. A lot of people have established lives and have been here for decades because of the green card backlog. How would one maintain presence legally in the US in such a case?
A few years ago when there were a lot of layoffs at big tech, USCIS published guidance on the options for those who lost their jobs. This guidance just validated what attorneys were advising anyway but it was reassuring. Whether USCIS will stick with this guidance is another question. But the main advice was to file an application to change status to B-2 or B-1 (if the terminated worker couldn't join his or her spouse's visa as a dependent). If the terminated worker was in H-1B status and filed such an application, then he or she would not have to go back into the lottery after finding a new employer. Because of the backlogs in most green card categories, a green card filing as a solution isn't a solution anymore.
Hi Peter,
Thanks for doing the AMA. I have a general question/request, but I understand if you think it is not a relevant topic for this AMA.
A lot of people tend to equate foreign workers on work visas with "cheap labor", especially in the so called "white collar" jobs; even though there are things like labor market tests and/or minimum salary requirements which have to be satisfied for many employment based visas. Can you please dispel/corroborate this based on your experience with employment based visas?
1. I currently do consulting for US clients through a Canadian corporation. If I accept a full-time job in the U.S. (e.g., on a TN or H-1B visa), can I continue consulting for other clients?
- Does the answer depend on the visa type?
- Are there any restrictions on self-employment or side income?
2. Can I set up a corporation (LLC, S-Corp, or C-Corp) in the U.S. while on a work visa?
- Can I be a shareholder?
- Can I take dividends?
- Can I actively work in the business?
3. What legal structures allow me to maximize flexibility while working in the U.S.?
- Would an O-1 visa allow for more flexibility?
- If I move under a TN visa, can I later transition to an E-2 investor visa to run my own business?
4. What are the best options if I want to move to the U.S. while keeping the ability to do high-paid consulting?
- Should I aim for a Green Card as soon as possible?
- Is there a specific visa category that would allow this?
I'm not Peter. IANAL so do your own homework. However, I have been on TN visas for almost a decade.
1. Once you enter the US on a work visa, you are only authorized to work under the restrictions of that visa which are normally tied to a single employer. The "I was working remotely for a Canadian corp" does not fly legally speaking. Wherever your feet are are "where" you are working. That being said, one little known thing about the TN visa is that you are allowed to have multiple of them issued for multiple employers. If you get one from all of your clients, you can continue working for those clients while you are in the US. Practically speaking, they cannot tell you are working remotely and your clients are sending payment to the Canadian corp. However, if audited, do not expect to ever be allowed back into the US.
2. Anyone can start an LLC. You do not need a work visa. However, if you do not have work authorization to work for that company, then you cannot legally work on that business.
3. This is going to be a matter of preference and what you classify as flexible. TN visas are very convenient and issued at the port-of-entry which makes them quick to process. They are also indefinitely renewable and multiple can be issued for multiple employers. The other visas you mention will take months to process. The rules to transition to E-2 are clear "If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification."
4. Consulting is one of the most scrutinized jobs under the TN classification. I do not like being the bearer of bad news but obtaining a Green Card is now a 5+ year process unless you qualify for EB-1 or marry a US citizen which you can get right away. However, you probably do not qualify based on the fact you are focused on consulting. I am not an expert on E-2 visas so I don't know how consulting is treated under that visa but it may very well be your best bet.
If my asylum application gets denied, what options do I have? I came to the U.S. as a minor and have little to no memory of my original country. I applied for asylum in 2016 and have been waiting for an interview ever since. Given my pending status, are there any other pathways to obtaining a Green Card or legal residency that would allow me to travel?
Edit Additional Question - Some of us like myself, came to the U.S. as children, following our parents after being forcibly removed from our home countries by authoritarian leaders who targeted us because of our "tribe". Despite this, the current climate often unfairly associates undocumented immigrants with criminal activity. How can someone in this situation avoid being wrongfully labeled as a “criminal immigrant,” especially in the event of an ICE raid?
I am neither OP nor a lawyer at all, but I do have experience watching authoritarian regimes destroy a country in real-time. One of the most terrifying things to me is the breakdown in the rule of law, because you no longer have any expectations to plan against, and anything can happen.
I would never counsel against getting legal advice, because competent legal advice is going to be one of your best assets for planning every possible future outcome. But I would caution you that in this environment, you also need to plan for what to do when the legal advice can no longer predict or inform outcomes.
Any other remaining citizenship. If they had to renounce it as a part of becoming a US citizen (e.g. India requires it), they become a stateless person.
Hey Peter,
Thanks for doing this. For someone on F1 visa, can they work as a cofounder of a company through CPT. What are the options for this situation?
Possibly too broad of a question but any insight you can provide on the definition of "work" in the context of being a digital nomad in the U.S. would be helpful. For example, if I am a European citizen who works for a European company and enters the U.S. on a B-2 for a 2 week vacation, is it reasonable to interpret the prohibition on "work" as meaning I am not allowed to participate in the U.S. labor market but does not prohibit taking a zoom call with my team back in Europe? The common sense application of immigration law is that it's not work for immigration purposes but I'm curious if you have a more nuanced take and/or any insight.
According to "International Digital Nomads: Immigration Law Options In The United States Abroad" published in The Georgetown Law Journal[1] some jurisdictions have specifically said that it is not work which is what I'm leaning on for my current (optimistic?) view.
"Directors of the CBP office in South Florida, a leading winter locale for visiting “snow birds,” recognize that “[w]orking remotely from the US for a foreign employer, by itself, is not a violation of B visitor status” so long as “the work is incidental to the primary purpose of the trip,” which is a permissible visit."
The last paragraph is correct and well said; as long as the trip is "brief" (that is, you haven't effectively moved to the U.S.) and your work-related activities for your European company are incidental to the primary purpose (that is, your primary purpose is not to somehow work for your European company), then you should be fine. Where digital nomads run into problems is when they're spending a lot of time in the U.S. and effectively have moved to the U.S. as a visitor.
I’m a cofounder of a startup in the US. Two of us are here on green cards, but our third cofounder is based in Switzerland. He has a PhD from a top university, previously founded a company, and has raised over $30M in the past.
At what stage would it be possible for us to bring him to the US on a visa? Would it be:
- As soon as we incorporate a C Corp?
- After raising funding?
- Once we have revenue?
Are there any specific visa pathways (O-1, L-1, E-2, etc.) that would be most relevant for him, given his background?
Peter, I'm a software engineer with a FAANG company, ~20 years experience and at the senior staff level. I lived in the US for a while with my family, and we all have green cards. Last year, we moved back to India (where we're from), with re-entry permits that are valid till July 2026. We'd like to continue living in India for a while (the next 8-10 years, till our kids finish school), but also keep our green cards so that we can move to the US afterwards without going through the Indian-citizen green card nightmare, especially for my kids. I go to the US every 3-4 months on work, my family less frequently. Been paying US taxes and no problems continuing to do so, but I don't own a house in the US. Is there a way I can keep my green card while living in India for 8-10 years? Or should I just give it up when my re-entry permit expires, and find a way to apply again?
8-10 years might be tough but definitely speak with an attorney to talk this through. Is this your first reentry permit because you can get reentry permits totaling 5 years?
Hello Peter, I have a situation. I am on H1B and I am being forced out of my job. My wife is also on H1B. After consulting some attorneys, I have decided that I will move to H4 status under my wife, while I search for the new job. Will this protect me until I get a new H1B with new employer soon? What should I be cautious about? For what it is worth, I also have EAD through I-140 pending, but I am deciding not to use the EAD and move to H4 dependent as soon as my H1B expires when I terminate my job. Let me know if I have to be cautious or aware of any circumstances that can put me or my family situation in jeopardy.
That's probably the right advice, you don't have to be cautious, you can look for work while in H-4 status (or while an applicant for H-4 status). The issue is this: if you find a new H-1B employer before your H-4 change of status application has been approved, while the new H-1B employer can file an H-1B petition for you, upon approval you likely will have to depart the U.S. and reenter with a new visa (if your previous H-1B visa has expired) or reenter with your previous still-valid visa and new H-1B approval notice. The point is this: USCIS likely will consider you ineligible for a change of status to H-1B when your underlying status is not H-4 but an applicant for H-4 status.
I'm currently on a H1B and transitioning to an E3 visa. However, I did get married to a US Citizen and am also applying for my green card via marriage. I need to move to the E3 as my H1B maxes out before I can get a green card. I have a few questions:
* The E3 visa is a non-immigrant visa, but I assume getting married to a US citizen implies immigrant intent. My lawyers tell me it's not an issue as long as I wait 90 days after getting the E3 to apply for the green card. Does that sound right / any concerns?
* How long are you seeing current wait times for the marriage based green card end to end after applying? I'm mostly concerned about not being able to leave the country for 1-2 years (even with filing advanced parole)
* I'm also going for the employment based green card and we've filed my PERM (3 months ago). That doesn't really seem like it;s going to work out in time for it to matter. Does that sound right?
Hi Peter, suppose a Canadian founder got denied at the border for a B-2 visa and was asked to bring proof that they are not participating in the US labour market (ie. hiring in the US which they are not doing, they are just visiting their S/O). What kind of documents would constitute this proof?
Thank you for doing these AMAs, it's really appreciated and very helpful.
The standard documents are proof of employment abroad (in Canada) and Canadian bank account statements showing sufficient funds to support himself or herself while in the U.S. Also, something pulling this person back to Canada, such as a spouse or significant other or other ties and/or responsibilities.
For a U.S. citizen who resides abroad (3 years, NRA spouse) with a single-member LLC doing consulting software work for U.S. clients, what U.S. address should be / can be used for the business address of the LLC? Registered agent?
Separately, I know many startup founders who have long-term software developers ("contractors", apparently...) in other countries like India, Brazil, etc. Paying them with whatever random popular money transfer service. It's common practice but is it legal or risky on the U.S. side?
I have an E-3 visa sponsored by my company. I know that it doesn't have a direct path to green card; so anything that I should be doing now at this point for permanent residency?
I have a general question that perhaps others can answer too. I am currently located in Switzerland but I plan to move to the US as my partner just got the medical license as a doctor in the state of New York.
My question is, as I am currently still located in Switzerland, does it make sense to already look/apply for jobs in the US from here? If yes, what's the best way to do so?
If there is a choice, does it make more sense for an immigrant visa to be sponsored by my partner or by an employer?
Is it possible to build a successful o1 case for a founder, who's been digital nomading for years and can't build his case based on achievements from one specific country? Any tips?
What are the legal ways US graduates in F1-OPT and F1 STEM OPT start their startup in the form of LLC. I found conflicting information that F1 OPT holder can own/start a LLC but cannot actively work or mange it.
How do I even launch my startup if I legally cannot be the owner of it?
I always tell F-1 students that if they look at the guidance from 10 different schools, they will get 10 different answers on whether and how a student on OPT and STEM OPT can start their own/can work for their own business. But the law is clear, it's 100% fine while in OPT status and 100% fine in STEM OPT status under certain circumstances. My only advice is that before talking to your international student office, talk to an immigration attorney so that you don't misstep.
Hi Peter, thanks for always circling back to the YC community!
I'm curious about LLMs for the legal system that can reference the law and help to guide individuals on the process they need to navigate. How much of Immigration Law do you think can be navigated independently by people? Obviously, unauthorized practices of the law would be illegal *but if it was permissible*, how critical are lawyers in Immigration Law when people are cheap and want to DIY?
My company is actively in the PERM process for me, but I'm worried that things will go wrong (for example, failed recruitment) and I'll need to start from scratch. Would it be advantageous to apply for NIW on my own, and could there be any problem with doing both at the same time?
Hi Peter, I cofound a startup with my friend (US citizen). I am Canadian. What is possible path for me to work in US? TN1 visa requires not self-employment so my startup cannot sponsor me a letter.
Thanks
I'm a citizen, but I work with folks who are from India and are in the Green Card system. They have application dates going back all the way to 2015. They constantly tell me stories of how the date for being able to get your GC changes and that some people think for Indians it's going to take 20 more years. Can you explain how that works and what's going on there?
Hi Peter, I'm an E3 holder. Thinking about marrying my partner who is a LPR and have a couple of questions:
- I entered on the E3 status in January but went to Canada for 2 days in February, does the 90 day rule restart from when I came back in February or when I initially entered in Jan?
- Can I continue working in my role after I apply to change my status after marriage to my LPR partner?
- Typically how long would I be unable to travel abroad while waiting for parole/adjustment of status?
Thanks so much!
Hey Peter! In the current climate, what steps would you suggest for foreign-origin workers to stay safe from being detained? I know some of my foreign-born friends are carrying their EADs with them in case they are stopped by ICE, but in some statuses (e.g. H1B) that is harder to do, as you'd have to carry around your passport.
What are the pitfalls to watch out for when following the I-130 process? I’ve read a bunch about applying for a green card from within the US, but not as much good info for the I-130.
If you are applying for a family-based green card while outside the U.S., then the main challenges are timing - these take longer than U.S.-based applications - and travel to the U.S. - while travel to the U.S. is fine while in the I-130 process abroad, you should expect to be questioned when you enter the U.S. about your plans; CBP will want to make sure that you are not trying to circumvent the process abroad while entering as a visitor and then applying for a green card when in the U.S.
Peter, I'm curious as to the easiest way for Australian founders to get a long stay visa and work permit for the US while working for their own (Delaware) company?
For Australians, even Australian founders, it's always worth looking at the E-3; this is even truer now that USCIS has said that under certain circumstances founders can get H-1B visas (and the E-3 is similar to the H-1B). The other options for Australian founders are the E-1 or E-2 treaty visa or the O-1 visa but these take a lot longer to prepare and are much more expensive than the E-3. But if you are inclined to explore the E-3 path as a founder, then absolutely consult with an attorney who has handled E-3s for founders (and there are lots of attorneys who handle visas for Australian founders).
On an L1-A visa, can my company file my perm while I return home to get a new L1 visa (my visa is expiring and the date on I-129s is the same as the visa expiration date)?
Scenario: A Canadian tech worker (software engineer) has been working in tech for 10-ish years, however, their University degree (general BA, BSc, etc) does not match the work that they've been doing. Would this person be SOL for a TN/H1B? To improve their chances would it be advisable to get a 1-year accelerated Master's in the field (CompSci, AI)?
There is a 3 years work experience = 1 year of degree study rule. You can probably use your experience (3.3 years of a degree) + actual degree to qualify.
That's right, for H-1B purposes, you can qualify based on a combination of education and experience (or even just experience) evaluated to be the equivalent of a 4-year U.S. bachelor's degree (in a field related to the H-1B job). There also are a limited number of TN occupations where a bachelor's degree isn't required or an unrelated degree can work.
I am a founder for an early stage startup on H1B. The prevailing wage for a CEO is extremely high in California and will burn my companies runway. It it possible to just show on work part time 20hrs a week in order and get an hourly wage the meets the prevailing wage requirement?
That depends entirely on what you will be doing when in the U.S. While you can't work in the U.S. as a visitor, there are lots of activities that you can engage in as a founder while in the U.S. as a visitor. See one of my responses above regarding permissible activities as a visitor.
I think I qualify for EB-1C, but does one need to be present and already living in the US to apply for it, or can that happen from the current country of residence?
Or is the general path: L1 -> Move -> Apply for EB-1C once migrated.
Most people go the EB1C green card route after they are in the U.S. in L-1A status but that's not required; the entire green card process can be done while the applicant is outside the U.S. and not yet employed by the U.S. company.
If I have no bachelors degree and I'm trying to prove 12 years of experience, how does this affect if my changes, I do have the 12 years, but it seems arbitrary to define if they count or not.
The 12 years of previous full-time experience has to be documented with employment verification letters and the experience needs to be at a professional level.
Hey Peter. Is there any way to confirm whether a request to USCIS to bump a case from F2A to IR was recevied or acknowledged?
We haven’t received any 797-C or any other confirmation.
Thanks!
Not Peter but yes. The U.S. is pretty easy to incorporate in from overseas, many agents offer the service, such as Stripe Atlas and Firstbase. Keep in mind, the U.S. tax system is much more complicated than most other nations so unless you specifically need a U.S. entity, pick a country with friendlier tax laws.
We are a group of 3 founders. One with J1 Visa, one with H1B and me (outside the US).
We would like to incorporate in Delaware and I know this is no problem for me, but we are trying to figure out how the other two founders can legally work on the company when established.
They would need work visas and (assuming that they don't qualify for a country-specific visa) the potential options are the H-1B and O-1 (and possibly the E-2 depending on their countries of citizenship and other factors). Because this analysis is so fact-specific, you will need to have a consultation with an attorney to explore the options.
Quick follow-up: In principle, would it be possible for them to keep their current job while working on the startup, or would they need to leave it entirely?
It's not guaranteed but likely yes; we've done H-1Bs (without having to go through the lottery again) for foreign nationals who haven't been in H-1B status for nearly 10 years.
If you cross into the US at a port-of-entry and are admitted as a visitor then you are good whether or not you took Melatonin supplements. If you enter illegally or associate with people who entered illegally, don't be surprised if you are caught up in a raid. However, even if you get detained, if you have no criminal history, you will get released after arrested because there are no more beds [1].
Seriously though, if you are going to make a cheeky reference to race, at least get the reference right. Melanin is responsible for darker skin [2].
The answer will depend on your countries of citizenship and your qualifications and the work that you will be doing in the U.S. including whether you will be working for your own company or another company. Assuming that no country-specific visa is available, the standard options are the H-1B and the O-1 (and depending on a variety of factors, the E-1, E-2, and L-1).
hi I have a friend in a tricky situation wondering if you could help.
he and another founder are both technical cofounders.
he decided to be CTO and the other CEO but he is the only director in delaware c corp.
The CTO is Canadian and CEO is American.
However, CTO found out the CEO wasn't doing in his role. He wasn't committing code and also not contributing to executing, just sitting on his linked in private messages as some way to promise potential investor interest. So to protect the IP, CTO decides to block CEO from accessing github until he can explain and negotiate what to do next.
CEO used this as an excuse to terminate the CTO and acquire the IP by automatic buyback and claim ownership of the IP.
CTO is currently lawyering up and plans on filing injunction against CEO who acted in bad faith.
Will the CTO have trouble getting visas in the near future? It's clear the legal dispute will become public very soon.
Other than national interest waiver petitions, which were getting harder before the change in administration, I haven't seen anything getting harder and in fact it seems that USCIS is more receptive now to EB1A filings.
If a transgender software engineer who is a US citizen applies for asylum in a non-US country, are they at risk of losing their US assets (e.g. a home) or having their US accounts frozen?
I can only respond about the potential U.S. immigration impact but there is nothing in the law at present that would allow the U.S. Government to take away your citizenship. It's unbelievably upsetting and shocking, to me at least, that a U.S. citizen would ever have to seek asylum in another country but that's the world we're living in now so it's a fair question.
Both Musk and Vivek initially supported H1B, and saw massive backlash in the conservative communities. So much so that Vivek left (was removed?) from DOGE and went to run for Gov now with a largely sour taste in MAGA people’s opinions. Pointing to me that H1B is advantageous for employers but deeply unpopular with the majority of voters this last election.
Do you see the Administration taking on H1B changes in a big way or letting this slide?
It's so hard to say but looking at what they tried to do last go-round might provide some insight and this included dramatically changing the prevailing wage requirements (didn't happen) and tightening the adjudication of H-1B petitions (happened). But the U.S. economy relies on foreign workers in general and H-1B workers in particular so I think in the end, there will just be some tinkering around the edges.
You can’t expect any sane policy decisions from this administration. They’ll target whatever gets them the clicks/votes/engagement. It’s like the bad clickbait but in governance.
The administration is mainly implementing project 2025. You can look up this tracker to see if they plan changes there: https://www.project2025.observer/
Hi Peter, Thank you for doing this!
I'm on H-1B with an approved EB-2 via my current employer and an approved EB-1A (self-petition). I want to switch employers or take a break. I expected my priority date to become current in Q3 or Q4 2025.
Questions
1. If I switch to an H-4 status for a break, can that affect I-485 via EB-1A?
2. I need to visit family urgently and I have got a few offers in hand. Can I quit and travel internationally while the H-1B transfer is in progress and re-enter the US? My stamp expires in 6 months and my partner can mail the approved I-797. What are the general risks here apart from the mail getting lost?
3. Can a change of employment lead to issues with an AOS application in the future using EB-1A?
Hi Peter,
Thanks for doing this.
If the recent trend continues, the May 2025 visa bulletin might have my priority date (May 30, 2013) current for EB-3. Originally, I am on EB-2. I have two questions:
Is it worth downgrading to EB-3, or should I wait for my EB-2 date to become current? If my date becomes current, what are the next steps to getting a Green Card (GC)? Is there anything I can do to expedite the process?
Can a TN classification denial result in immigration detention? If so, how can I mitigate that risk?
For context, a Canadian woman recently tried to enter into the USA from Mexico and get TN-1 status. Instead of refusing her entry, officials detained her and she's been stuck for 10 days waiting for deportation.
https://www.theglobeandmail.com/canada/article-canadian-woma...
It's unclear to me how big of a risk this actually is for the average "Canadian goes to the USA" story because of her specific factual scenario. Presumably I don't want to enter from Mexico, but is it advisable to take flights from a TSA preclearance airport in Canada so I'm not actually in the USA if the classification is denied?
That's extraordinarily unusual and in my experience has only happened when CBP believes that the applicant was lying or has a criminal record so I wouldn't base the decision on where/how to apply on this very low risk. Depending on the TN application, there are better and worse ways to apply for a TN and from an outcome standpoint, sometimes it's better to apply with CBP at the border or with CBP at a U.S. airport by flying directly to the U.S.
With all respect, everything happening in the US at the moment is "extraordinarily unusual" today.
Tomorrow it will be the "new normal".
According to this article, Canada rejected her entry as well. Maybe it's not just the US, but this person actually had a real issue with her visa and her travel plans were not prepared well.
https://www.bbc.com/news/articles/c80y3yx1jdyo
"...when she reached the border [Canada], Mr Burke said the Canadian authorities denied her entry as they were concerned she may try to work illegally."
You don't think border processes are becoming uncertain now and relying less on precedence?
She crossed overland. Imagine you do pre-clearance out of a Canadian airport. Can they kidnap you out of country and ship you to a US detention center?
Canadians may be often unprepared and shocked how aggressive and militarized the southern border is, compared to crossing at northern border land entry points.
I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?
Until recently, I would have said that the only way a citizen could have his or her citizenship taken away was by committing treason but there has been talk by the current administration about expanding the grounds as well as increasing denaturalization efforts. The first Trump administration tried this but it was largely unsuccessful but it's a different administration and a different Supreme Court so I don't think concerns now are unjustified.
To be clear, the statutory standards for denaturalization are quite expansive: https://www.uscis.gov/policy-manual/volume-12-part-l-chapter....
8 USC 1451(a):
> a) Concealment of material evidence; refusal to testify It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation
According to USCIS, the misrepresentation need not be but-for material. That is, you only need to show that the omission or misrepresentation was relevant to the naturalization inquiry. But you do not need to prove that the government would have denied naturalization had it known the true facts. In that respect, the standard is similar to 18 USC 1001, which has been applied extremely broadly in federal prosecutions. The second Trump administration has much smarter lawyers than the first one, and I'd count on them to be aggressive about using the full scope of section 1451(a).
There's ample legal precedent in the federal system that a green card holder is a "US Person" for many things related to the federal government. For instance, a green card holder can form a corporation, own an FFL, register it with the ATF, become an FFL 02/07 (firearms manufacturer), and even become a SOT (special occupational taxpayer), to manufacture, buy and sell NFA items (silencers). The corporation owned by the permanent resident can even manufacture post-1986 full auto ATF-defined "machine guns", to be retained/owned by the company, as manufacturer samples for demos and sales to law enforcement within the USA.
Permanent Residents are also treated as a "US Person" for the purposes of FAA pilot licensing, up to the largest categories of multi-engine jet transport aircraft.
This doesn't address what recently happened with one specific Permanent Resident that's been in the news, but it's a very chilling effect if suddenly green card status people don't have the right to the 1st amendment.
This is patently false regarding firearms. In certain cases you may be allowed to purchase items, but FFLs and NFA items are only available to citizens not legal aliens.
Green card holders are not citizens. Green card holders are essentially long term visas with citizenship grants for good behavior. They are subject to their terms (don’t break the law, commit crimes, etc.). These can be yanked.
Naturalized citizens are very seldom revoked. Usually it’s revoked when citizenship was determined to have been obtained fraudulently (foreigner or even attorney shenanigans)
Are Foreign Nationals Entitled to the Same Constitutional Rights As Citizens? David Cole, Georgetown University Law Center - https://scholarship.law.georgetown.edu/facpub/297/ | https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?a... (page 12 of the pdf)
> The specific features of the constitutional guarantees of political freedom, due process, and equal protection further support their extension to foreign nationals living in the United States.
> essentially long term visas
Not visas which are visitation permits. They are non-citizens who live in the United States. This is not visitation.
Revoking a green card is akin to expulsion from the country. And can only be used when laws are broken, treason is committed, or terrorism is waged.
In the case of the Columbia student, he was accused of terrorism without trial and had his revocation signed single handedly by the Secretary of State. This is a first time for the law to be used.
Green card holders have a right to free speech.
Green cards come with rules to keep. If you break those rules you can and probably will lose your green card and be deported.
Could you show me where in those rules it says that you're not allowed to support Palestine? Or possibly somewhere in the rules where you forfeit your right to free speech?
Doesn't seem that this administration think they do. Pro free speech my ass.
Those rights have been evidently eroded and discarded as of recently
You got it wrong. GC holders are naturalised citizens because they went through a legal process to acquire it.
GC holders are permanent resident aliens, not naturalized citizens. Yes, thet went through a legal process, but citizenship is further down the road of that process.
This is not correct. But I can't edit it :/ so I am just adding this comment here
> GC holders are naturalised citizens
Incorrect. GC holders are not "naturalized US citizens" and still need to apply for full US citizenship with the USCIS when they are eligible to do so.
Nope. Not at all. They put people on a path to citizenship, but they are not yet, till they are sworn in as a citizen. Residency can be revoked for criminal behavior, fraud, among other things.
Hi Peter, thanks for doing this over the years, when going through my own immigration journey reading through your past AMAs was a huge help.
For reference, I'm a Canadian who just moved to the US on a TN Visa and I've got a few questions:
- What would you say the percentage likelihood range is that the TN Visa is no longer an option for Software Engineers in 3 years time.
- With the news of USMCA talks reopening, is it advisable to switch to an H-1B visa?
- How long would it take for the government to eliminate the TN Visa, considering the complexity of the process?
- If the TN Visa is discontinued, is it safe to assume those already on it will be allowed to work in the US until their Visa expires?
How do you protect people visiting or participating in YC from ICE? There have been two dozen stories of random tourists being disappeared for no good reason from all over the US.
Given that the policy is in the very early stages of implementation we can expect those numbers to reach the hundreds, thousands and tens of thousands in the next few months.
Hi Peter, Thanks for doing this. I am a Canadian citizen born in India and ~ 6 months ago moved to work for a FAANG company on a TN visa from Canada.
The company applied for H1B visa lottery this year and awaiting the results for that.
My question is if I get through the H1B lottery
- How does it impact my options to switch employers in the future? Would I be able to work on H1B for future employers?
- My partner (Canadian citizen) is currently on a TD visa (which does not allow work) but actively searching for positions eligible under the TN categories. If my status changes to H1B, would she be ineligible for a TN visa?
Are there any obvious advantages of H1B other than eligibility for applying for a green card (which is a loooooong wait for people of Indian origin)
What’s the play for solo founders? I can’t establish a company and work towards funding without an H1B but then at the same time I can’t really afford an H1B without funding.
Very curious about this as well. I've seen articles[1] that suggest that you canis engage in passive work, which includes activities such as:
- Conducting market research and customer discovery
- Discussing planned investments and purchases with prospective co-founders
- Attending and participating in business meetings
- Developing business relationships, such as meeting with investors and clients
- Negotiating contracts
- Incorporating a US company, applying for an EIN, establishing a mailing address, and applying for a business license
- Act as a passive shareholder or investor
However, my attempt to find the specific regulations or uscis policy memorandums that state these failed so I'm unsure.
[1] https://www.deel.com/blog/starting-your-own-business-h1b-vis...
I did this for a bit. There has to be an employee employer relationship even if you have equity. You must establish that you can be fired by the board or an executive in the company. Also you need to be on payroll (W-2) at pulling a prevailing wage for your region and job description.
Would really like to know about this one as well
See my comment to OP
+1
In connection with trying to start a company, there are a lot of activities that can be undertaken as a visitor without a work visa. In fact, I would say that more often than not companies founded by foreign nationals are started when they are visitors. The line that can't be crossed is productive work for compensation but establishing the company, obtaining funding, meeting with potential clients, even hiring can all be done while in the U.S. as a visitor. That being said, the line between work and non-work sometimes is grey and nuanced so it's good to consult with an attorney to understand the limits. This is particularly important when traveling to the U.S. because it's at the port of entry where entrepreneurs are most likely to have issues particularly if they are traveling to the U.S. frequently. One form of protection so to speak is to establish the company with the goal of obtaining an E-2 or E-1 treaty visa; the visitor regulations are much more flexible regarding permissible activities as a visitor when the visitor is planning to get an E-2 or E-1 visa.
Do Greencard holders have right to Social Security? What can you do if you are denied it?
Background: I was a GC holder and the expiration date on the GC was past due by the time they processed my application for social security. BUT I had also already applied for citizenship, and when doing that online the website informed me that my CG status was automatically extended a year or so because I had applied for citizenship.
I showed the Social Security Administration the printout of the document that showed my GC status had been automatically extended. But they denied my social security application with the reason "We have not been able to determine your age is > 64".
I had been to the SS offices several times showing them my actual greencard and my valid passport from my country of origin. The government issued GC showed my birthdate. Also I showed them the printed social security statement they used to mail me every year or so, showing my age.
So it seems to me I was denied social security on totally false premises. They surely were able to easily and reliably determine my age.
How can this happen in USA? Why would they do this? Do they have a standing order saying "Deny every application you can if it is an immigrant?"
What should I do? Sue the government? (I understand you cannot give an exact recommendation what to do in this case, but would that be a viable practical option?)
Thanks
To follow up a bit: I got my citizenship. Then I was approved for Medicare. Then I applied for Medicate part C and D with the healthcare provider Humana. Humana initially approved my application but then sent me a letter saying my part C and D was DENIED the reason being: "Illegally present in US".
I have never been in the USA illegally but always had a valid visa until I got my citizenship. So where did Humana come up with the claim I was illegal? I can only assume that Social Security Administration told them so, perhaps to cover up their mistake that they had wrongly denied me social security.
Should I sue Humana or Social Security Administration?
Hi Peter, given that companies are constantly laying off employees, what options do people on H1B have in an event they are out of a job? One can find a job but a 60 day time restriction can be very challenging. It’s almost impossible to apply, schedule multiple rounds of interviews, get an offer AND file the immigration paperwork in that time. A lot of people have established lives and have been here for decades because of the green card backlog. How would one maintain presence legally in the US in such a case?
A few years ago when there were a lot of layoffs at big tech, USCIS published guidance on the options for those who lost their jobs. This guidance just validated what attorneys were advising anyway but it was reassuring. Whether USCIS will stick with this guidance is another question. But the main advice was to file an application to change status to B-2 or B-1 (if the terminated worker couldn't join his or her spouse's visa as a dependent). If the terminated worker was in H-1B status and filed such an application, then he or she would not have to go back into the lottery after finding a new employer. Because of the backlogs in most green card categories, a green card filing as a solution isn't a solution anymore.
Can foreign streamers stream in the US on a tourist visa?
Hi Peter, Thanks for doing the AMA. I have a general question/request, but I understand if you think it is not a relevant topic for this AMA.
A lot of people tend to equate foreign workers on work visas with "cheap labor", especially in the so called "white collar" jobs; even though there are things like labor market tests and/or minimum salary requirements which have to be satisfied for many employment based visas. Can you please dispel/corroborate this based on your experience with employment based visas?
Hi Peter, I have a few questions:
1. I currently do consulting for US clients through a Canadian corporation. If I accept a full-time job in the U.S. (e.g., on a TN or H-1B visa), can I continue consulting for other clients?
2. Can I set up a corporation (LLC, S-Corp, or C-Corp) in the U.S. while on a work visa? 3. What legal structures allow me to maximize flexibility while working in the U.S.? 4. What are the best options if I want to move to the U.S. while keeping the ability to do high-paid consulting? Thank you for your help!I'm not Peter. IANAL so do your own homework. However, I have been on TN visas for almost a decade.
1. Once you enter the US on a work visa, you are only authorized to work under the restrictions of that visa which are normally tied to a single employer. The "I was working remotely for a Canadian corp" does not fly legally speaking. Wherever your feet are are "where" you are working. That being said, one little known thing about the TN visa is that you are allowed to have multiple of them issued for multiple employers. If you get one from all of your clients, you can continue working for those clients while you are in the US. Practically speaking, they cannot tell you are working remotely and your clients are sending payment to the Canadian corp. However, if audited, do not expect to ever be allowed back into the US.
2. Anyone can start an LLC. You do not need a work visa. However, if you do not have work authorization to work for that company, then you cannot legally work on that business.
3. This is going to be a matter of preference and what you classify as flexible. TN visas are very convenient and issued at the port-of-entry which makes them quick to process. They are also indefinitely renewable and multiple can be issued for multiple employers. The other visas you mention will take months to process. The rules to transition to E-2 are clear "If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification."
4. Consulting is one of the most scrutinized jobs under the TN classification. I do not like being the bearer of bad news but obtaining a Green Card is now a 5+ year process unless you qualify for EB-1 or marry a US citizen which you can get right away. However, you probably do not qualify based on the fact you are focused on consulting. I am not an expert on E-2 visas so I don't know how consulting is treated under that visa but it may very well be your best bet.
If my asylum application gets denied, what options do I have? I came to the U.S. as a minor and have little to no memory of my original country. I applied for asylum in 2016 and have been waiting for an interview ever since. Given my pending status, are there any other pathways to obtaining a Green Card or legal residency that would allow me to travel?
Edit Additional Question - Some of us like myself, came to the U.S. as children, following our parents after being forcibly removed from our home countries by authoritarian leaders who targeted us because of our "tribe". Despite this, the current climate often unfairly associates undocumented immigrants with criminal activity. How can someone in this situation avoid being wrongfully labeled as a “criminal immigrant,” especially in the event of an ICE raid?
I am neither OP nor a lawyer at all, but I do have experience watching authoritarian regimes destroy a country in real-time. One of the most terrifying things to me is the breakdown in the rule of law, because you no longer have any expectations to plan against, and anything can happen.
I would never counsel against getting legal advice, because competent legal advice is going to be one of your best assets for planning every possible future outcome. But I would caution you that in this environment, you also need to plan for what to do when the legal advice can no longer predict or inform outcomes.
What citizenship will a naturalized citizen get if they lose their citizenship and where will they go?
Country of birth, if not a dual citizen
Not necessarily. People can and do get left stateless (https://en.wikipedia.org/wiki/Al-Kateb_v_Godwin involves someone born in Kuwait but not a citizen); countries can and do reject deportations even of their own citizens (https://www.nytimes.com/2025/01/31/world/trumps-deportations...).
Any other remaining citizenship. If they had to renounce it as a part of becoming a US citizen (e.g. India requires it), they become a stateless person.
Hey Peter, Thanks for doing this. For someone on F1 visa, can they work as a cofounder of a company through CPT. What are the options for this situation?
Possibly too broad of a question but any insight you can provide on the definition of "work" in the context of being a digital nomad in the U.S. would be helpful. For example, if I am a European citizen who works for a European company and enters the U.S. on a B-2 for a 2 week vacation, is it reasonable to interpret the prohibition on "work" as meaning I am not allowed to participate in the U.S. labor market but does not prohibit taking a zoom call with my team back in Europe? The common sense application of immigration law is that it's not work for immigration purposes but I'm curious if you have a more nuanced take and/or any insight.
According to "International Digital Nomads: Immigration Law Options In The United States Abroad" published in The Georgetown Law Journal[1] some jurisdictions have specifically said that it is not work which is what I'm leaning on for my current (optimistic?) view.
"Directors of the CBP office in South Florida, a leading winter locale for visiting “snow birds,” recognize that “[w]orking remotely from the US for a foreign employer, by itself, is not a violation of B visitor status” so long as “the work is incidental to the primary purpose of the trip,” which is a permissible visit."
[1] https://www.law.georgetown.edu/immigration-law-journal/wp-co...
The last paragraph is correct and well said; as long as the trip is "brief" (that is, you haven't effectively moved to the U.S.) and your work-related activities for your European company are incidental to the primary purpose (that is, your primary purpose is not to somehow work for your European company), then you should be fine. Where digital nomads run into problems is when they're spending a lot of time in the U.S. and effectively have moved to the U.S. as a visitor.
Hi Peter, thanks for doing this AMA!
I’m a cofounder of a startup in the US. Two of us are here on green cards, but our third cofounder is based in Switzerland. He has a PhD from a top university, previously founded a company, and has raised over $30M in the past.
At what stage would it be possible for us to bring him to the US on a visa? Would it be:
- As soon as we incorporate a C Corp?
- After raising funding?
- Once we have revenue?
Are there any specific visa pathways (O-1, L-1, E-2, etc.) that would be most relevant for him, given his background?
Appreciate any guidance on this!
Peter, I'm a software engineer with a FAANG company, ~20 years experience and at the senior staff level. I lived in the US for a while with my family, and we all have green cards. Last year, we moved back to India (where we're from), with re-entry permits that are valid till July 2026. We'd like to continue living in India for a while (the next 8-10 years, till our kids finish school), but also keep our green cards so that we can move to the US afterwards without going through the Indian-citizen green card nightmare, especially for my kids. I go to the US every 3-4 months on work, my family less frequently. Been paying US taxes and no problems continuing to do so, but I don't own a house in the US. Is there a way I can keep my green card while living in India for 8-10 years? Or should I just give it up when my re-entry permit expires, and find a way to apply again?
8-10 years might be tough but definitely speak with an attorney to talk this through. Is this your first reentry permit because you can get reentry permits totaling 5 years?
Isn't the requirement 6 months per year in the USA minimum?
People like you are part of the problem and you shouldn't keep your green card. You are also hurting the reputation of your countrymen.
Hello Peter, I have a situation. I am on H1B and I am being forced out of my job. My wife is also on H1B. After consulting some attorneys, I have decided that I will move to H4 status under my wife, while I search for the new job. Will this protect me until I get a new H1B with new employer soon? What should I be cautious about? For what it is worth, I also have EAD through I-140 pending, but I am deciding not to use the EAD and move to H4 dependent as soon as my H1B expires when I terminate my job. Let me know if I have to be cautious or aware of any circumstances that can put me or my family situation in jeopardy.
That's probably the right advice, you don't have to be cautious, you can look for work while in H-4 status (or while an applicant for H-4 status). The issue is this: if you find a new H-1B employer before your H-4 change of status application has been approved, while the new H-1B employer can file an H-1B petition for you, upon approval you likely will have to depart the U.S. and reenter with a new visa (if your previous H-1B visa has expired) or reenter with your previous still-valid visa and new H-1B approval notice. The point is this: USCIS likely will consider you ineligible for a change of status to H-1B when your underlying status is not H-4 but an applicant for H-4 status.
Hi Peter - thanks for doing this.
I'm currently on a H1B and transitioning to an E3 visa. However, I did get married to a US Citizen and am also applying for my green card via marriage. I need to move to the E3 as my H1B maxes out before I can get a green card. I have a few questions:
* The E3 visa is a non-immigrant visa, but I assume getting married to a US citizen implies immigrant intent. My lawyers tell me it's not an issue as long as I wait 90 days after getting the E3 to apply for the green card. Does that sound right / any concerns?
* How long are you seeing current wait times for the marriage based green card end to end after applying? I'm mostly concerned about not being able to leave the country for 1-2 years (even with filing advanced parole)
* I'm also going for the employment based green card and we've filed my PERM (3 months ago). That doesn't really seem like it;s going to work out in time for it to matter. Does that sound right?
Hi Peter, suppose a Canadian founder got denied at the border for a B-2 visa and was asked to bring proof that they are not participating in the US labour market (ie. hiring in the US which they are not doing, they are just visiting their S/O). What kind of documents would constitute this proof?
Thank you for doing these AMAs, it's really appreciated and very helpful.
The standard documents are proof of employment abroad (in Canada) and Canadian bank account statements showing sufficient funds to support himself or herself while in the U.S. Also, something pulling this person back to Canada, such as a spouse or significant other or other ties and/or responsibilities.
For a U.S. citizen who resides abroad (3 years, NRA spouse) with a single-member LLC doing consulting software work for U.S. clients, what U.S. address should be / can be used for the business address of the LLC? Registered agent?
Separately, I know many startup founders who have long-term software developers ("contractors", apparently...) in other countries like India, Brazil, etc. Paying them with whatever random popular money transfer service. It's common practice but is it legal or risky on the U.S. side?
I have an E-3 visa sponsored by my company. I know that it doesn't have a direct path to green card; so anything that I should be doing now at this point for permanent residency?
Hi all
I have a general question that perhaps others can answer too. I am currently located in Switzerland but I plan to move to the US as my partner just got the medical license as a doctor in the state of New York.
My question is, as I am currently still located in Switzerland, does it make sense to already look/apply for jobs in the US from here? If yes, what's the best way to do so?
If there is a choice, does it make more sense for an immigrant visa to be sponsored by my partner or by an employer?
Hey Peter, thank you for doing this!
Is it possible to build a successful o1 case for a founder, who's been digital nomading for years and can't build his case based on achievements from one specific country? Any tips?
Hi Peter,
What are the legal ways US graduates in F1-OPT and F1 STEM OPT start their startup in the form of LLC. I found conflicting information that F1 OPT holder can own/start a LLC but cannot actively work or mange it.
How do I even launch my startup if I legally cannot be the owner of it?
I always tell F-1 students that if they look at the guidance from 10 different schools, they will get 10 different answers on whether and how a student on OPT and STEM OPT can start their own/can work for their own business. But the law is clear, it's 100% fine while in OPT status and 100% fine in STEM OPT status under certain circumstances. My only advice is that before talking to your international student office, talk to an immigration attorney so that you don't misstep.
Thanks Peter for the response. School's DSO seem to be less knowledgeable on the subject matter they are advising on.
Hi Peter, thanks for always circling back to the YC community!
I'm curious about LLMs for the legal system that can reference the law and help to guide individuals on the process they need to navigate. How much of Immigration Law do you think can be navigated independently by people? Obviously, unauthorized practices of the law would be illegal *but if it was permissible*, how critical are lawyers in Immigration Law when people are cheap and want to DIY?
My company is actively in the PERM process for me, but I'm worried that things will go wrong (for example, failed recruitment) and I'll need to start from scratch. Would it be advantageous to apply for NIW on my own, and could there be any problem with doing both at the same time?
With the rising tensions between USA and Canada, what is the second best route (after TN visa) for a Canadian citizen to work in USA?
Hi Peter, I cofound a startup with my friend (US citizen). I am Canadian. What is possible path for me to work in US? TN1 visa requires not self-employment so my startup cannot sponsor me a letter. Thanks
I'm a citizen, but I work with folks who are from India and are in the Green Card system. They have application dates going back all the way to 2015. They constantly tell me stories of how the date for being able to get your GC changes and that some people think for Indians it's going to take 20 more years. Can you explain how that works and what's going on there?
Hi Peter, I'm an E3 holder. Thinking about marrying my partner who is a LPR and have a couple of questions:
- I entered on the E3 status in January but went to Canada for 2 days in February, does the 90 day rule restart from when I came back in February or when I initially entered in Jan?
- Can I continue working in my role after I apply to change my status after marriage to my LPR partner?
- Typically how long would I be unable to travel abroad while waiting for parole/adjustment of status? Thanks so much!
Hey Peter! In the current climate, what steps would you suggest for foreign-origin workers to stay safe from being detained? I know some of my foreign-born friends are carrying their EADs with them in case they are stopped by ICE, but in some statuses (e.g. H1B) that is harder to do, as you'd have to carry around your passport.
What are the pitfalls to watch out for when following the I-130 process? I’ve read a bunch about applying for a green card from within the US, but not as much good info for the I-130.
If you are applying for a family-based green card while outside the U.S., then the main challenges are timing - these take longer than U.S.-based applications - and travel to the U.S. - while travel to the U.S. is fine while in the I-130 process abroad, you should expect to be questioned when you enter the U.S. about your plans; CBP will want to make sure that you are not trying to circumvent the process abroad while entering as a visitor and then applying for a green card when in the U.S.
Thanks. How much longer has this avenue taken, in your experience?
Peter, I'm curious as to the easiest way for Australian founders to get a long stay visa and work permit for the US while working for their own (Delaware) company?
For Australians, even Australian founders, it's always worth looking at the E-3; this is even truer now that USCIS has said that under certain circumstances founders can get H-1B visas (and the E-3 is similar to the H-1B). The other options for Australian founders are the E-1 or E-2 treaty visa or the O-1 visa but these take a lot longer to prepare and are much more expensive than the E-3. But if you are inclined to explore the E-3 path as a founder, then absolutely consult with an attorney who has handled E-3s for founders (and there are lots of attorneys who handle visas for Australian founders).
thank you
Hi Peter Are there any legal ways to earn money outside of my employer on H1B, at all?
Hi Peter, thank you for your time.
On an L1-A visa, can my company file my perm while I return home to get a new L1 visa (my visa is expiring and the date on I-129s is the same as the visa expiration date)?
Scenario: A Canadian tech worker (software engineer) has been working in tech for 10-ish years, however, their University degree (general BA, BSc, etc) does not match the work that they've been doing. Would this person be SOL for a TN/H1B? To improve their chances would it be advisable to get a 1-year accelerated Master's in the field (CompSci, AI)?
There is a 3 years work experience = 1 year of degree study rule. You can probably use your experience (3.3 years of a degree) + actual degree to qualify.
That's right, for H-1B purposes, you can qualify based on a combination of education and experience (or even just experience) evaluated to be the equivalent of a 4-year U.S. bachelor's degree (in a field related to the H-1B job). There also are a limited number of TN occupations where a bachelor's degree isn't required or an unrelated degree can work.
What's your favorite taqueria?
I am a founder for an early stage startup on H1B. The prevailing wage for a CEO is extremely high in California and will burn my companies runway. It it possible to just show on work part time 20hrs a week in order and get an hourly wage the meets the prevailing wage requirement?
I am French, and I will incorporate in Delaware. Is the ESTA dangerous in this case, for example, if I go to SF in June?
That depends entirely on what you will be doing when in the U.S. While you can't work in the U.S. as a visitor, there are lots of activities that you can engage in as a founder while in the U.S. as a visitor. See one of my responses above regarding permissible activities as a visitor.
Could you please share your contact details so I can reach out to you for legal assistance if needed?
I think I qualify for EB-1C, but does one need to be present and already living in the US to apply for it, or can that happen from the current country of residence?
Or is the general path: L1 -> Move -> Apply for EB-1C once migrated.
Most people go the EB1C green card route after they are in the U.S. in L-1A status but that's not required; the entire green card process can be done while the applicant is outside the U.S. and not yet employed by the U.S. company.
If I have no bachelors degree and I'm trying to prove 12 years of experience, how does this affect if my changes, I do have the 12 years, but it seems arbitrary to define if they count or not.
Thank you very much for the feedback.
The 12 years of previous full-time experience has to be documented with employment verification letters and the experience needs to be at a professional level.
Hey Peter. Is there any way to confirm whether a request to USCIS to bump a case from F2A to IR was recevied or acknowledged? We haven’t received any 797-C or any other confirmation. Thanks!
Yu won't receive anything in writing; sometimes by calling USCIS and escalating to a supervisor, this can be confirmed.
Would it help to send all correspondence to them as certified or registered mail so you can prove they have received your application?
Can you open a business in USA without being there, living there? Greetings from Kosovo!
Opening a business is easy but opening a legit bank account with brick and mortar presence seem to be difficult.
Not Peter but yes. The U.S. is pretty easy to incorporate in from overseas, many agents offer the service, such as Stripe Atlas and Firstbase. Keep in mind, the U.S. tax system is much more complicated than most other nations so unless you specifically need a U.S. entity, pick a country with friendlier tax laws.
Is it basically impossible to move to the US as a UK Citizen without a degree?
How do you sleep at night knowing corporations use your advice to import scab labor that displaces the existing population?
When have corporations cared for population? They exist to make money and they will try to abuse the outdated system as much as possible.
How risky is the E-3 to Eb1 green card path for moderately successful founders in this current political environment?
Do you mean because the E-3 visa not a dual intent visa?
We are a group of 3 founders. One with J1 Visa, one with H1B and me (outside the US).
We would like to incorporate in Delaware and I know this is no problem for me, but we are trying to figure out how the other two founders can legally work on the company when established.
Any advice? Thanks Peters.
They would need work visas and (assuming that they don't qualify for a country-specific visa) the potential options are the H-1B and O-1 (and possibly the E-2 depending on their countries of citizenship and other factors). Because this analysis is so fact-specific, you will need to have a consultation with an attorney to explore the options.
Thanks! We'll consult one.
Quick follow-up: In principle, would it be possible for them to keep their current job while working on the startup, or would they need to leave it entirely?
Hi Peter, thanks for doing these AMA.
I was counted against the H1-B cap in 2017 and worked for about 3 months before I left the states.
Would I be able to use the rest of my time now if I were to get a job in the states?
It's not guaranteed but likely yes; we've done H-1Bs (without having to go through the lottery again) for foreign nationals who haven't been in H-1B status for nearly 10 years.
Why move at all when you have no tax or medicare liability signing w8ben?
As a Canadian Citizen with a extra serving of Melanin, what are the chances of my getting detained by ICE when visiting my family in USA for a week ?
https://globalnews.ca/news/11080371/canadian-woman-detained-...
Edit : fix typo Also added context.
If you cross into the US at a port-of-entry and are admitted as a visitor then you are good whether or not you took Melatonin supplements. If you enter illegally or associate with people who entered illegally, don't be surprised if you are caught up in a raid. However, even if you get detained, if you have no criminal history, you will get released after arrested because there are no more beds [1].
Seriously though, if you are going to make a cheeky reference to race, at least get the reference right. Melanin is responsible for darker skin [2].
[1] - https://www.newsweek.com/ice-seeks-more-bed-space-detainee-n...
[2] - https://en.wikipedia.org/wiki/Melanin
does H-1B transfer need valid passport? Would pending asylum documents would suffice?
Not necessarily. Other documents can satisfy this requirements. What asylum documents are you referring to?
Hey, What is the best option for someone working in NL to immigrate to US.
Should I go via H1B route or ?
The answer will depend on your countries of citizenship and your qualifications and the work that you will be doing in the U.S. including whether you will be working for your own company or another company. Assuming that no country-specific visa is available, the standard options are the H-1B and the O-1 (and depending on a variety of factors, the E-1, E-2, and L-1).
hi I have a friend in a tricky situation wondering if you could help.
he and another founder are both technical cofounders.
he decided to be CTO and the other CEO but he is the only director in delaware c corp.
The CTO is Canadian and CEO is American.
However, CTO found out the CEO wasn't doing in his role. He wasn't committing code and also not contributing to executing, just sitting on his linked in private messages as some way to promise potential investor interest. So to protect the IP, CTO decides to block CEO from accessing github until he can explain and negotiate what to do next.
CEO used this as an excuse to terminate the CTO and acquire the IP by automatic buyback and claim ownership of the IP.
CTO is currently lawyering up and plans on filing injunction against CEO who acted in bad faith.
Will the CTO have trouble getting visas in the near future? It's clear the legal dispute will become public very soon.
Love you AMAs been so helpful. Do you think did O1 get harder. How do you see changes through the Trump administration?
Other than national interest waiver petitions, which were getting harder before the change in administration, I haven't seen anything getting harder and in fact it seems that USCIS is more receptive now to EB1A filings.
If a transgender software engineer who is a US citizen applies for asylum in a non-US country, are they at risk of losing their US assets (e.g. a home) or having their US accounts frozen?
I can only respond about the potential U.S. immigration impact but there is nothing in the law at present that would allow the U.S. Government to take away your citizenship. It's unbelievably upsetting and shocking, to me at least, that a U.S. citizen would ever have to seek asylum in another country but that's the world we're living in now so it's a fair question.
Both Musk and Vivek initially supported H1B, and saw massive backlash in the conservative communities. So much so that Vivek left (was removed?) from DOGE and went to run for Gov now with a largely sour taste in MAGA people’s opinions. Pointing to me that H1B is advantageous for employers but deeply unpopular with the majority of voters this last election.
Do you see the Administration taking on H1B changes in a big way or letting this slide?
It's so hard to say but looking at what they tried to do last go-round might provide some insight and this included dramatically changing the prevailing wage requirements (didn't happen) and tightening the adjudication of H-1B petitions (happened). But the U.S. economy relies on foreign workers in general and H-1B workers in particular so I think in the end, there will just be some tinkering around the edges.
The US economy relies on international trade and you can see what's happening to that.
You can’t expect any sane policy decisions from this administration. They’ll target whatever gets them the clicks/votes/engagement. It’s like the bad clickbait but in governance.
The administration is mainly implementing project 2025. You can look up this tracker to see if they plan changes there: https://www.project2025.observer/