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

82 proberts 87 7/18/2025, 2:44:57 PM

I'll be here for the rest of the day. As usual, there are countless immigration-related topics to discuss and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers.

Comments (87)

loteck · 27m ago

Hi 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...

TechDebtDevin · 9m ago

Why are they monitoring Zillow...

haiku2077 · 21s ago

Zillow has rental management services - i.e. there are people who pay their rent though zillow.com

ghostly_s · 40s ago

because securing housing is a big part of residing somewhere?

unhappy_meaning · 1h ago

Hello 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!

bc569a80a344f9c · 1h ago

It’s a legal requirement to carry your green card with you at all times. INA 264(e) has required this for as long as I’ve been in the US (which is since 2004).

To be more specific:

>> (e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

Where evidence of registration is an I94 or a green card or whatever.

I’m constantly surprised how many permanent residents don’t do this.

dalyons · 30m ago

Personally I don’t carry my GC, because I’m far more likely to lose it than for anyone to ever ask for it. And it’s kind of a nightmare to replace, takes awhile and you can’t travel.

To put it another way, the $100 fine is less expensive to me than the consequences of losing it.

aylmao · 1m ago

If I understand the comment above correctly, one can carry an I94 too and those you can just print on the website [1]

I'm guessing there's no size requirements? If so it might be a good idea to just print four on an A4, and have one folded in your wallet, one tucked in your bag-pack, one in the car, etc.

[1]: https://i94.cbp.dhs.gov/search/recent-search

xmprt · 21m ago

They can also put you in jail for up to 30 days if they're feeling like it. Seems crazy to me but also perfectly legal for them to do.

smsm42 · 35m ago

Many don't do this because they don't feel the need. I've spent about a decade in the US as a green card holder, and the only cases I ever been asked for it is either crossing the border or being hired. And I never heard about anyone being fined (let alone going to prison) for failure to carry the green card on them. Yes, the law says that, but I don't think anybody paid much attention to that, at least until now.

TechDebtDevin · 7m ago

You act as if the last 6 months are a continuation of the the last 9.5 years, and there is some status quo that hasn't changed. Maybe for an affluent SWE in his Tesla, but this isn't the case for many on their way to work in a construction work van.

proberts · 1h ago

The best defense so to speak is to carry evidence of your status whether that's a green card or foreign passport and I-94 admission record, to have the number of a local immigration attorney whom you can call if you need to, and to be aware of one's rights. The ACLU has a good discussion of these rights: https://www.aclu.org/know-your-rights/immigrants-rights.

kjellsbells · 41m ago

What would you recommend for foreign born US citizens worried about being approached by ICE? What are the basic ground rules for interacting?

For example, some of us here look very much like we didnt grow up in an Iowa cornfield and have genuine concern that one negative interaction is going to result in being roughed up by untrained ICE agents at best and tossed into jail or worse.

Do we just get used to the idea of carrying our passport at all times? Is an ICE agent authorized to demand it and take it from us "for checking", say?

Bar two pieces of fragile paper - a passport and a naturalization certificate - it's not obvious that a citizen is a citizen.

somanyphotons · 37m ago

(I'm not Peter)

I'd suggest also applying for a Passport Card, you can keep it in your wallet.

smsm42 · 28m ago

Carry a REAL-ID enabled state ID? Those are not available to illegals in any state. All newer state IDs AFAIK are REAL-ID enabled by default. And you probably will need to use some form of ID anyway pretty frequently.

tombert · 1h ago

So, 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?

sophia01 · 26m ago

I'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?

No comments yet

zacqu · 46m ago

Hi 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?

proberts · 39m ago

This is a very interesting question but too complex to answer in writing. Please email me and I can share the names of good immigration attorneys near you.

turtle_samurai · 41m ago

Hi 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!!

iambvk · 22m ago

Peter does this every few months on Hackernews.

lazzurs · 2h ago

What 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.

mertleee · 16m ago

It's beyond a joke. Recently spent some time at an accelerator and the partners of the VC firm were very open about purchasing "fake" research or presenting investments as if they were from more than one "investor".

I still fail to understand how Dwarkesh Patel managed to "self-sponsor" an O-1 with a... tech podcast...

morpheuskafka · 1h ago

It's open to things like sport and entertainment, so definitely not everyone has many (or any) degrees. Assuming your field is somewhat science based I don't know how realistic it would be with no degree, but you can search some blogs about it, people have covered what they did to rack up publications and stuff to check all the boxes (if their work/field wouldn't have otherwise needed them).

If you are starting your own business, the treaty investor visa could also be a good route. It doesn't require as much investment as the investor green card; it is a nonimmigrant visa similar to the O-1.

fooker · 1h ago

There's a list of qualifying criteria on the USCIS website. You have to satisfy at least three out of the eight or so.

The issue is it's a bit subjective, a lawyer writes down how you qualify and some random government employee has to believe what the lawyer wrote.

If you receive a RFE or rejection, all your dealings with USCIS will face extra scrutiny in future. So it's a bit of a gamble.

morpheuskafka · 2h ago

Since 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?

morpheuskafka · 1h ago

Hmm, so it looks like no on really knows when it takes effect, the law itself specified a cost for the current fiscal year, but in addition to the usual time to implement the fee in the IT systems, there appear to be two issues: what rulemaking notices/approvals are needed to decide and impose it (the law allows the executive to decide the fee, it just sets a minimum), and the fact that DHS not State is supposed to collect it, which would greatly complicate processing.

State already has a global cashiering system for visa fees that would have been easier to use, although DHS collecting fees is not without precedent. For one, the SEVIS fee (a surcharge on student visas) is paid directly to DHS by credit card. For two, the surcharge on green cards is paid to USCIS, but this one is not actually enforced before visa issuance or arrival (they will not mail you the card if you don't pay, but you still have the status).

https://www.cnbc.com/2025/07/18/visa-integrity-fee-what-to-k...

proberts · 1h ago

My understanding is that it applies to all approved visa applications and is billed when the visa is issued. I believe that it takes effect immediately but there was some confusion about this. I will try to confirm and advise on this thread.

piker · 1h ago

Thanks 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.

proberts · 1h ago

A distinction must be drawn between working during a startup program, which requires a work visa, and attending the program and not working. For the latter, there are several options, including, most commonly, the B-1 visa/status.

admissionsguy · 42m ago

Out of curiosity, what percentage of YC founders just go to the office hours and dinner and not work for the duration of the program? Is this encouraged?

rsstack · 49m ago

My 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.

proberts · 45m ago

Your impending marriage doesn't change the answer and the answer is that naturalization applications are very easy and don't require the assistance of a lawyer unless there's an issue, specifically, a criminal record, a history of immigration violations/non-compliance, or extended absences (more than 6 months) from the U.S. while a green card holder.

rsstack · 40m ago

Thank you! Luckily none of those issues apply :)

codybontecou · 49m ago

Hey 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?

proberts · 41m ago

There's no requirement that a green card holder spend 6 months in the U.S. during the year. You and your wife can and should travel freely. And you could live outside the U.S. for several years and still keep your green card. If you decide to move to Portugal for a period of time, for example, you should consult an attorney but the solution to protect your green card status (for at least 5 years) is to get a document called a reentry permit, which is easy to get.

codybontecou · 22m ago

Interesting. Thank you for the response. If this is true, that's amazing!

Do you know where the 6-month requirement (rumor?) is from? Reading over https://www.uscis.gov/policy-manual/volume-12-part-d-chapter... section C states

"...there are two ways outlined in the statute in which the continuity of residence can be broken:

The applicant is absent from the United States for more than 6 months but less than 1 year; or The applicant is absent from the United States for 1 year or more."

Is this only for citizenship/naturalization and not to maintain a green card?

testfrequency · 35m ago

I’ll spare a new thread and just ask here as we are in the same situation (sorry OP!).

My understanding is we at least need to be in the US once every six months in order for my partner to maintain their green card status while we live abroad.

We were not aware of the reentry permit, does this avoid the requirements of needing to enter the country periodically? We are of course concerned about losing their green card status.

Lastly, how realistic is the timing in obtaining the permit? We have our move planned for next month.

Thanks you as always for these threads!

anu7df · 12m ago

Re-entry permit is granted for 2 years and the only requirement is that you apply for it while in country. Usual processing time nowadays is around a year so in effect you need to apply once every 3 years for it. They have the option of sending it to a us embassy abroad for pick up but we have always had it sent to a friends address in US and picked it up while visiting US.

codybontecou · 5m ago

You didn't have any issues re-entering the US prior to picking up the permit from your friend's address?

hansvm · 49m ago

Thank 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?

proberts · 30m ago

These are unprecedented times where green card status and even citizenship can be taken away. I think that all that one can do is to know one's rights and have the name and number of a lawyer handy who can be contacted in the event the worst happens. The ACLU has some very clear guidance regarding the rights of U.S. citizens and non-U.S. citizens when questioned or detained by ICE (or another immigration agency).

dilyar85 · 46m ago

Thanks 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?

proberts · 37m ago

Yes, this is possible but it the petition has to be prepared the right way to avoid USCIS responding with a request for evidence saying that company C needs to go through the H-1B lottery before it can employ you.

trycatchthroawy · 2h ago

I 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?

proberts · 2h ago

U.S. work authorization isn't required to work for a U.S. company if the worker will be working remotely outside the U.S. Regarding her work visa options, they are limited. The only option immediately available is the O-1 visa, which is for people of "extraordinary ability," a high standard but attainable by many talented professionals. The H-1B "professional worker" visa is much easier to qualify for but it's only available once a year and via a lottery so it's not a realistic option. If she really wants to work for a U.S. company remotely or in the U.S., then she should have a consultation with an immigration attorney and have her background evaluated.

quibono · 2h ago

Thank you very much, I'm in a similar position as OP's friend and this is very helpful!

ttul · 1h ago

The O-1 can cost upwards of $100K to put together. It’s a very high bar.

ianhawes · 1h ago

That is not remotely true. An O-1, EB2NIW, or EB1A ranges from $5K-$15K.

proberts · 1h ago

Correct. While there are some outliers, I think that that range is accurate.

admissionsguy · 41m ago

I am assuming this includes manufacturing the evidence?

proberts · 21m ago

Thank you for the great questions and comments. I will be taking a brief break and will return shortly.

abafterratic872 · 1h ago

Hi 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?

proberts · 26m ago

The L-1 is very easy through a large multinational company after a year of employment with that company outside the U.S. and is attainable although more difficult through a small multinational company. The other options are the E-2 (treaty investor visa), which could allow you to work for a British-owned company in the U.S., or the O-1 (extraordinary ability visa), which requires a relatively high level of achievement but is often attainable by talented professionals.

mindwok · 1h ago

I'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?

AnotherGoodName · 25m ago

Australian who's been in the USA almost a decade in 4 different roles, each requiring a new E3 as well as multiple E3 renewals;

I've found that companies are pretty eager once they hear that you only need an E3 visa. Unlike H1B the quota for E3 visas are never hit. Companies view it as a very straightforward and guaranteed process.

Assuming the company files their side of the paperwork in a timely manner, From accepting a role you can be working in the USA within 2 months end to end. The consulate appointments in Syd/Mel are the biggest pain point. It takes some refreshing since they are booked out for months at a time and you need to look for cancellations each day. That's literally the biggest pain point though, everything else is painless.

proberts · 1h ago

We handle a lot of E-3 visas and it's arguably the easiest U.S. work visa to get both from a company standpoint and an applicant/employee standpoint. The company requirements are minimal. For example, startups with limited or no revenue and limited or no funding can sponsor an E-3 visa. That being said, there is a prevailing wage requirement so a company - while it doesn't need to demonstrate to a U.S. Consulate its ability to pay a specific wage - in the end has to be able to pay a specific wage.

somanyphotons · 28m ago

Anecdotally, the E-3 is very easy compared to other options

AdventureMouse · 34m ago

Hey Peter! What are some of the most common legal mistakes you see startups make and how can they be avoided?

tears-in-rain · 1h ago

Hello! 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.

proberts · 22m ago

The options will depend in part on this person's countries of citizenship and qualifications. There are a handful of citizenship-specific visa (the countries are Australia, Canada, Chile, Mexico, and Singapore), which usually are relatively easy to obtain. If the person doesn't qualify for one of these citizenship-specific visas, then the options will depend on his or her qualifications.

threway742 · 1h ago

Hi 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?

proberts · 1h ago

Those organizations are "H-1B cap-exempt" organizations that are not subject to the annual H-1B lottery. Cap-exempt organizations include non-profit institutes of higher education, organizations affiliated with these institutes (like hospitals), non-profits primarily engaged in research, and government research organizations, like Fermilab and NASA. If you get a cap-exempt H-1B, you could transfer to another cap-exempt organization but you would not be able to transfer to a cap-subject private for-profit entity although you could get approved for part-time concurrent employment with such an entity.

Kanishka2025 · 1h ago

Hi Peter, I wanted to know what all options are available other than H1B after F1 OPT visa expires to continue working in United States?

HiHelloBolke · 1h ago

Im a Canadian, I want to expand my business to US - what’s the right way to do that and use that for green card?

poki89 · 2h ago

Hi 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?

proberts · 2h ago

Yes, because the EB2 (NIW) green card category is "backlogged," your employer will be able to file a 3-year extension (beyond your 6-year max-out date) once your NIW petition is approved.

kyawzazaw · 1h ago

What'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?

proberts · 1h ago

Country of birth is the most important factor. Certain countries, most notably China and India, have significant backlogs and the process can take many years. For those not from a heavily backlogged country, the ways to speed up the green card process are limited, including, during the PERM process, commencing recruitment when the prevailing wage request is submitted (and not yet approved) and using recruitment to cover multiple positions/employees. And then, once the PERM application is approved, using premium processing to accelerate the approval of the next step, the I-140 petition.

y-curious · 2h ago

Hi 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?

proberts · 2h ago

Thanks. Not yet. But there are reports, as I'm sure you have seen, of DHS revisiting previously approved green card and citizenship applications with an eye toward revoking them.

poohonbreak1 · 1h ago

Hi 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).

proberts · 1h ago

The analysis is nuanced and the answer (which can be Yes or No) depends on a variety factors, such as what "running" the company involves, whether there are multiple founders, what the corporate structure of the company is, whether the company is generating revenues, whether the company has clients, whether the company has received funding, and whether the company has employees. To state the obvious, before embarking on such a venture, get a consultation so that you understand what's possible and what you can and can't do. There's also the option of getting a concurrent part-time H-1B to actually work for your startup.

kwar13 · 1h ago

Can 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.

whoamii · 29m ago

After you convince Europe to make it easier to have such programs.

mertleee · 15m ago

Convince them to adopt air-conditioning first

bumblebee331 · 2h ago

I 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?

vFunct · 1h ago

Are 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?

KK7NIL · 28m ago

No, at Intel Foundry we have plenty of non-citizens working on sub 2 nm technology (me included).

I haven't seen any ITAR restrictions on logic nodes, only on 70+ GHz RF and adjacent work that obviously has a direct application to radar.

square_usual · 2h ago

Hey 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.

proberts · 1h ago

As odd as it might sound, there seems to be an effort on the part of the DOL to speed up the processing of PERM applications, which are now taking longer than ever. From an outcome standpoint, I haven't seen an uptick in denials or bad decisions.

ronaldgperson · 1h ago

i'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.

aliljet · 1h ago

What 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....

mertleee · 14m ago

Given the newly (as of yesterday) appointed chief of USCIS was just confirmed and has a marked history of strong opinions against OPT in it's entirety and H1B - I'd assume it's not looking good haha.

proberts · 1h ago

I haven't heard anything about this since he's taken office and I suspect that if something like this is done that it will be limited to those in certain fields and industries.

gdbsjjdn · 1h ago

Only if you're a Russian model willing to marry one of his cronies