I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
108 proberts 143 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.
Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.
There's a lot of confusion and uncertainty around a June policy update regarding TN visa (some related links in https://www.reddit.com/r/tnvisa/comments/1lerikw/nonengineer...). At least one big tech (my personal anecdote that I don't feel comfortable sharing) temporarily paused new TN applications for software engineers with a CS degree, citing this change.
This seems to have always been a fuzzy area on paper, and some people in this category apparently still got their TN in the past month after this change. Is this a material change in your mind? If so, how are employers responding to it?
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?
I'm still waiting for my family based GC to be approved. It was applied for in March 2023.
I've tried contacting my senators to see if it can be expedited but USCIS replied to say that it's still within "normal processing times" and that there is not yet an immigrant number available as my priority date is not earlier than the final action date.
I've been keeping a close eye on the USCIS Visa Bulletin final action dates and have noticed that they don't always move forward each month. I.e. there has been no change between July and August: https://travel.state.gov/content/travel/en/legal/visa-law0/v...
Is this normal? Or due to the current administration?
So its all normal, it's been happening for decades, and there's been no significant action in the legislature to speed things up. As things are right now, there are specific queues where the delay might as well mean 'forever', because it's going to take many decades for the current processing speed to reach July 2025.
In the event of a company-sponsored EB1A with an approved I140 but with an I485 pending for less than 180 days, is it possible for the company to rescind the approval? Or does the approval belong to me even though it is company-sponsored?
If the approval can be rescinded, could I lose my priority date and my I485 as well?
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?
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.
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.
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.
I still fail to understand how Dwarkesh Patel managed to "self-sponsor" an O-1 with a... tech podcast...
I personally would not delay. It will be awhile before you get to the interview stage so you also have that time to show your relationship is genuine and collect proof of a life together.
I don't know of a list; but my wife and I had things like:
We didn't need most of it in the end but you never know - and this was over 15 years ago.Congrats!
Thank you.
What should my next steps be if my employment-based green card renewal is denied?
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...
I am a US citizen but have a few non-US citizen friends who might join if accepted.
I found my job ad on LinkedIn and it had over 300 applications within a few days of going live.
I have a suspicion that due to the ATS we use for our company it showed the job application on many different channels unnecessarily.
What do you suggest I do next?
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?
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.
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?
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?
> An applicant for naturalization ... must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least 5 years prior to filing the naturalization application and up to the time of naturalization.
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!
My partner will be updating their address to have mail sent to a family member’s address in the US, but we will also be living in a country that has a US embassy easily accessible.
My partner is Mexican, so as you can imagine, they almost always have awful experiences with immigration in the US.
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?
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?
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?
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.
[0] https://www.404media.co/the-200-sites-an-ice-surveillance-co...
[1] https://docs.google.com/spreadsheets/d/1VyAaJaWCutyJyMiTXuDH...
It is absolutely wild that people are posting about the ways that they have broken the letter of immigration law on here using their regular accounts and identifiable IP addresses.
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?
Can you elaborate on what you mean here?
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!
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.
To put it another way, the $100 fine is less expensive to me than the consequences of losing it.
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
This is a new development (well, new-ish for many communities... I imagine predominatly-black communities have always experience this) whereby LE is explicitly instructed to look for any legal course of action to punitively enforce the law (rather than using a more judicious interpretation, which was more in line with the spirit of many of these regulations).
So yes, technically, law-abiding citizens should always xxxx. Does that mean that, in real life, folks always do this? Only if they are in a paranoid state whereby LE maliciously enforces the law for any minor violation and enforces overwhelming (often illegal) responses to these infractions.
ICE operates in every state. e.g. US citizens are being jailed in California (https://apnews.com/article/us-army-veteran-immigration-raid-...)
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.
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I'd suggest also applying for a Passport Card, you can keep it in your wallet.
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.
Many VC firms outside of YC flagrantly promote what is basically fraud. There are literally YC companies that provide pseudo visa fraud as a service.
Following the law and having respect for the immigration system is simply seen as an "inconvenient challenge" to these people.
I myself am a person of color, but in the cohort I was in (of 30) maybe three individuals were native born Americans of any race. The rest were exclusively Canadian immigrants largely from India and China (not actually born in Canada). It's also quite common in the US for people to work on visitor VISA's while applying for O1s.
To name a few...
https://extraordinary.com/ (promulgated by https://x.com/0xsigil?lang=en)
https://www.ycombinator.com/companies/gale
https://www.deel.com/paid-lp/immigration/
These guys, "Tech Bros", love the concepts written in Srinivasan's book "the Network State", and want to replace our current government with distributed monarchies. Srinivasan, Thiel, Andresen, and Curtis Yarvin actually have a documented plan to achieve this which is being executed, to a "T", which involves attacking immigration, not just as a distraction so they can attack the courts directly, but also cause it's part of their vision. This plan is referred to the butterfly revolution, by Curtis Yarvin, which states the following:
1. Reboot (“full-power start”) Suspend or bypass existing constitutional limits; concentrate absolute sovereignty in one new organization—analogous to Allied occupation powers in post-1945 Japan/Germany. Eliminate checks and balances that block rapid change.
2. CEO-Monarch model A single executive (chosen like a corporate CEO) rules; the former president becomes a figurehead “chairman of the board.” Treat the state as a firm run for efficiency, not democratic representation.
3. RAGE strategy “Retire All Government Employees” by mass-firing the civil service and replacing it with loyal appointees. Remove institutional resistance (“the Cathedral”) and ensure obedience.
4. Parallel regime Build a fully staffed shadow government in exile before inauguration; unveil it on Day 1 to take over agencies at once. Prevent the bureaucratic slow-rolling that stymied Trump’s first term.
5. Media & academia clampdown Defund or shutter universities and independent press seen as hostile. Break what Yarvin calls the Cathedral’s cultural dominance.
Curtis Yarvin's writings include pointed attacks on immigration, both as a policy and as a reflection of deeper systemic problems. He uses immigration as an example to argue for the failure of democracy and to advocate for his preferred model of authoritarian governance. He also frames immigration debates as distractions from what he sees as the real issues-namely, the incompetence and self-serving nature of current elites and institutions.
Do you understand why the current administration would want to attack immigration? Altman, Theil, and others(Tech Bros) that manage YC, Palantir, OpenAI. A16Z prescribe to these beliefs. It is no secret, no conspiracy, they publicly talk about this. How do you feel about their approach, and YC's involvement, to changing governance and the future of our country? How do feel about Immigration as a tactic to attack the judicial branch as well assault innocent legal civilians with ICE, which is part of their reboot strategy?
Frankly I'm stunned this post hasn't been flagged by one of HN's moderators yet.
Truly sad to see YC clearly play favorites with non-citizens claiming what can be found within the U.S. isn't good enough.
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?
It is hard not to be moderately worried, since the administration has already made concrete attacks on citizenship pathways, immigrants and legal residents. Most notably, it's targeted birthright citizenship via executive order, tried to push through the power to unilaterally revoke green cards, and arbitrarily cancelling the ability of universities to host foreign students.
More importantly, successful legal challenges to these efforts are being vacated or reversed by the Supreme Court. That means the administration's attempts aren't being fully checked by balances.
You should take the rhetoric fairly seriously. There is no good-faith explanation for this pattern of attacking people who have gone through the process faithfully, and no credible ongoing efforts to prevent those happening.
she can only be denaturalized if:
1. she lied or concealed any past convictions (or maybe other information) on her visa/GC/citizenship application. in the past they only went after serious omissions like felonies, but now they'll go over any minor mistake with a fine-tooth comb. courts have held in the past that such omissions must have material significance to the decision (e.g. lying about a degree obtained, but not a typo about graduation year.)
2. she joins the Communist party or another totalitarian party within 5 years of becoming a citizen. expect them to interpret this broadly (e.g. supporting causes rather than officially joining, counting DSA as "totalitarian.") she should keep her head down, unfortunately.
Source: https://immigrationforum.org/article/denaturalization-fact-s...
If what you're saying is true, then I maybe shouldn't worry too much.