If an individual is transgender, not a US citizen, and has a passport with an updated gender marker (or X), can they still get a visa? Or is submitting an official document with "wrong information" enough for a refusal?
What about existing visas?
show comments
miotintherain
Hi Peter, thanks for doing this AMA.
I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks.
My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently.
I am wondering what is the best course of action, prior to travel and if asked to give your phone and password. Also, what happens if you refuse to do so? Is the worst case scenario that they will send you back to where you came from?
show comments
noodlesUK
Thanks for doing the AMA!
I'm a US citizen born abroad - I got my citizenship via (I believe) INA 320 when I was a child. I have a US-born father who was not eligible to pass on his citizenship at the time of my birth. I lived in the US for most of my childhood up until ~2015 (initially as an LPR), and at some point, I obtained a US passport.
I don't have a certificate of citizenship, only a US passport. Given the way the US is going, I'm concerned that one day I'm going to apply renew my passport or otherwise have to prove my citizenship, and I'm not going to be able to sufficiently document it. Is this a real risk? Would you advise applying for a CoC in my circumstances? Am I even eligible to apply for one given that I live abroad? What other steps if any should I take to protect my status?
show comments
reposefulcats
Hi Peter, I am a naturalized US citizen (via employment sponsored H1B to Green Card route). Prior to obtaining my citizenship I held an F1 visa to complete my PhD, and may have overstayed in the US at the end of my studies (I am not sure, this was 15+ years ago). This was never raised as an issue when I applied for my H1B, Green Card or citizenship, but is it something that could become an issue for me now if I travel as a US citizen and attempt to return to the US? Is there anything I can do proactively to address this if it is likely to be a problem? Thank you.
show comments
kingstoned
I have a company in my home country with revenues of $200k/year with 12 transactions per year from US clients. Can I apply for an E1 treaty trader visa and what are my chances of success?
joshdavham
I'm a Canadian software developer who'd like to join an American startup so naturally I've been applying to a bunch of jobs. More specifically, I'm looking to go with TN visa.
In most job applications, I need to answer the two following questions 1) Are you legally authorized to work in the US? and 2) Will you now or in the future require sponsorship? I'm looking for advice on how I should be answering these questions.
For example, I believe I should technically be answering NO to 1) and YES to 2), but I'm slightly unsure about this.
I've heard recently that some Canadians actually recommend answering YES to 1) as getting a TN visa is very simple and not too much harder than just hiring an American. The idea is that when you answer NO to 1) that recruiters (and especially startups who are often more naive about visas) will lump you in as being hard to hire like immigrants who come to the US on the H1B and then filter out your application.
As for question 2), because the TN is a "Nonimmigrant" visa, does this technically mean I can answer NO here?
Basically in summary, how would you recommend I answer these questions? I don't want my applications to get auto filtered, but I'd also like to be as honest as possible.
show comments
argo_cve
Hi Peter. I am a Lead Computer Vision Engineer, working remotely at Veryfi (YC 17). I am a citizen of Russia, living in Armenia for last 3 years.
We applied to O1 visa, got approval from the USCIS, then got visa stamps and at the day of my flight visas were revoked. Embassy said to reapply - I did and now it's been 11 months of Administrative processing (as they said in the DoS).
My employer tried writing to the Congressman's office couple times, but every time Embassy answers ~"please wait, no timelines". I also filed a DHS Trip complaint and received this statement: "We have made any corrections to records that our inquiries determined were necessary, including, as appropriate, notations that may assist in avoiding incidents of misidentification".
With everything above, we were not able to get any meaningful timelines or figure what's going on. Is there anything we can do to make movement in my case? It's hard to plan your life living like this, so it is very important for me. Thanks!
show comments
WaxProlix
Appreciate the AMA. I'm curious about options for transitioning employees from the temporary (and now at-risk) Uniting for Ukraine parole status to something more stable and long term.
Is H1B lottery just going to be a Ukrainian's best bet? A lot of the advice and documentation seems contradictory, as 'parole' seems in some ways to be more a lack of status than a status itself. Leave the country and apply for some other type of more permanent work visa?
show comments
neom
There has been a bunch of chatter in Canadian founders whatsapp groups about people getting detained for long periods of time coming into the states either at SFO or pre-clear in Canada. Are you advising Canadians travel with any additional documentation these days?
show comments
ksec
Honest question. If I live in a country with little to no Capital Gain Tax, why would I want to move to US other than job opportunity?
makestuff
As someone who is a US Citizen, what is something about the immigration process that I probably do not know about, but causes a lot of issues/could be improved.
show comments
RyanOD
If possible, I'd like to hear about your typical day/week of work (is anything "typical" in your line of work?). Thanks!
Edit: Typo
show comments
tao_oat
Hi Peter, thanks for doing this AMA! I'm an EU citizen. I got my H1B in late 2023, but ended up not moving to the US after all. When I travel to the US for short business trips (same employer as back then), should I enter using this H1B or ESTA? And could this unused H1B become an issue now that there seems to be increased scrutiny at the border? Thank you.
show comments
OnionBlender
Have people gotten into trouble for having a nearly empty phone when they get searched? Like using a burner phone or doing a factory reset prior to the trip. I've wondered if that would be considered suspecious.
show comments
taway20250516
A legally-uneducated read of 22 CFR 51.62 suggests that the State Department can revoke a passport that was "illegally, fraudulently, or erroneously obtained."
How likely would you consider the idea that the current administration would revoke existing passports for transgender Americans under the pretense that they were "fraudulently or erroneously" obtained under processes put in place by previous administrations?
show comments
swampert543
Hi Peter,
I’m currently on year 3 of H1B, and my company filed this march for the 3 year extension (with premium processing), which got approved.
Concurrently, they also filed form i539 for my wife on H4 to extend her status (her current visa stamp and status expire in July this year). She has no EAD as I don’t have an approved i140.
Her request is still pending, and given current processing times it likely still will be when her status expire.
To complicate things, we travelled outside the US for 10 days while her request was pending (after receiving the green light from my company lawyers saying it wouldn’t impact the i539).
Reading online we got mixed results, so we’re not sure if she can stay in the US until her i539 is approved, or if having left the country for a short period might cause USCIS to consider her application abandoned.
We could have her travel and to make arrangements for a consulate appointment before July, but we’d like to avoid that if possible.
My understanding is that is a bit of a legal gray area, so I wanted to hear your thoughts.
Thanks for the help!
show comments
galonk
Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks "Are you legally entitled to work in the US?". Am I meant to answer yes or no to that?
show comments
truthseeker006
Hi Peter! Thank you for this!! A while back, ~10 months, I was rejected from a B1 visa in the US. However, I have now secured admission from Stanford and would need to apply for an F1 visa.
What can I do to make my case strong and ensure that the previous visa application does not affect my current F1 process?
show comments
blackhaj7
Thanks for this Peter!
I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan)
What are my options if I was laid off/company went under/perm cert rejected?
How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?
show comments
mrb
Did you observe a drop in H1B visa applications since the 2024 presidential election?
show comments
kindatrue
What's a good number to memorize if you get detained and have the right to ask for a lawyer?
show comments
RohitA5L
Hi Peter, Im currently on H1B with I-140 approved. Im thinking of starting my own company and have other co-founders who are US citizens / GC holders. What is the path for me to have a visa while also being able to start my company.
show comments
dharmspeakz
Hi Peter,
My I-140 was approved in June 2013 under the EB2 category (H1B). I later downgraded to EB3 and filed my I-485 when my priority date became current back in 2021. I received my EAD in 2022 and have been working on EAD since then.
According to the current visa bulletin, my priority date is expected to become current soon. However, I have a couple of concerns:
The job title I had when I filed the I-485 is different from my current role.
I have also changed employers since then.
I understand that I may need to submit a new I-485J.
Given that I was promoted and my current title is significantly different from the one in my original petition, could this pose any challenges to my I-485 application?
show comments
dustbunny
I'm a Canadian moving to the US under TN status. Im looking for tax advice on what to do with my TFSAs and my American income, planning on returning to Canada in a few years. I've struggled to find an accountant who seems to really know what they're talking about. Any tips?
Also, the moving company wants me to get a visa before they book my movers, but the TN status thing happens at the port of entry. Can I get the TN status now even if I don't start for another 6 weeks? Can I get the TN "visa" from a consulate even as a Canadian citizen?
show comments
nrmitchi
Hey Peter! I'm going to pose a question that I think is tangential, but still related.
With genAI and LLMs making way into every profession, how much of an impact have you seen on the immigration law side? Have these style of tools made your job easier, or are they adding more confusion and uncertainty?
Given the rapidly changing landscape (on the immigration side; what is valid today may not be valid tomorrow, and everything seems kind of up to the best guess of the practitioner) do you see these tools (potentially) causing more harm than good (to specific individual cases)?
show comments
pctTCRZ52y
Are the current policies in the US making it noticeably more difficult for you to secure work visas for your clients?
show comments
iama_temp_97
I have a US passport and am a naturalized US citizen however due to some sort of clerical error my passport says I was born here (even though you have to staple your immigration cert to the passport application). I never even noticed it until I'd been in and out of the country a few times, my passport is about to expire and I'm worried about having trouble trying to get it fixed, what course of action should I take, I'd really like to have a valid US passport.
show comments
Hotbasil
Hi Peter, thank you for doing this.
I am on H1b visa and my partner is on H4 dependent visa. On H4, my partner wants to open a startup but is afraid if I lose my job then she has to stop working on the H4 visa as well.
I have my cousin who has a green card who is willing to be part of it, but I don't want to dependent on them.
What other paths are possible?
Cheers!
show comments
dgrcode
My wife recently got her O1 visa approved and I'll be getting an O3 as dependent. I currently have an app that I'm actively developing that generates $50-$100 per month. I might be able to stop development, but at the very least would need to support the customers. I also have some product ideas I'd like to build and potentially monetize.
What are my options?
show comments
Zenbit_UX
When it comes to Canadians working in the US on a TN, are we allowed to accept promotions (title, comp or both) without going through reapproval of our visa? Are there any nuances here like caps on how high a salary increase could be before needing a reassessment? Maybe increases in equity don’t count?
Also if the reassessment is denied does your original visa still remain valid or are you risking it all for the promotion?
show comments
FilosofumRex
When US firms apply for H1B or J-1 work visas for foreigners, what part of the process is the most critical part or where it's most likely to fail.
show comments
aesbetic
Should I apply for an H1B or an O1 visa if the end goal is to self-petition an EB-1A green card application?
show comments
kedihacker
If I forge birth documents, will I get caught?
show comments
throwe3away
Thanks for doing this Peter. Quick question.
I'm in the US using E-3 visa since July 2024, working as a software engineer for a smallish non-faang company. I am fully remote in the Bay area and there is no office, but technically the company is based in NYC. New hiring for SWEs is outside the US. There haven't been layoffs in the last 12 months and it doesn't seem like there will be.
What is the best way for me to pursue a green card? I am aware that E-3 is not the ideal path, but is workable with some risks. My main concern is the state of the SWE market, with so many candidates looking for work.
I expect that any labour market test will fail as there will be suitable US candidates that appear. Is there any way to navigate this situation? What are the chances of success in this market? Would joining a big-tech company help?
show comments
yeebadoobey
As a student moving to the US for uni and looking to utilize the Stem-OPT to find a job, what advice can you give?
Also do some jobs give you any sort of priority in the H1B lottery?
show comments
fooker
Are O1 visa applications getting significantly more scrutiny nowadays?
I comfortably qualify for one, based on the USCIS criteria, but my employer (big tech company, big law firm for immigration) wants to wait one more year for another H1B attempt before trying this.
Hence I am wondering if switching jobs could potentially help here.
show comments
buzer
Do L1B visa holders have reasonable chance of getting compelling circumstances EAD if their visa date isn't current for EB-3? I'm wondering if I should suggest that option for HR when they file the I-140 (or after if it's approved, whatever the process is).
show comments
proberts
Good afternoon. I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.
999900000999
Are you seeing a downturn in people trying to come here for work. It's a shame, but I don't think any rational person should try to come here to study or work right now.
Gone are the days of attending a community college and dating girls from Korea and Japan.
And I can't blame anyone for not wasting to be destined indefinitely for trivial reasons.
Hey Peter, what are your thoughts on networks states and the methods tech CEOS and VCs are using to push the working class towards Techno feudalism? Do you think Peter Thiel using Palantir to mine US tax payers information, to help drive and target innocent civilians towards their vision, is legal? Should the constitution exist or do we need to be conquered and lead by monarchies? Most importantly, do you believe the supreme court should exist to serve its purpose in our system of checks and balances?
show comments
RomanPushkin
Can you clarify the current status of the U4U program? Is it limited to TPS only, or are there other pathways available? Also, what do you think the government’s broader intentions are with U4U?
wallyrabbitbun
Hey Peter,
Currently living in the US, I applied for a green card via marriage (partner is GC holder) in March 2023. I received my AP and EAD over a year ago, but there has been zero movement on the I-485..
What are the options here?
Given the current political climate, I'm not comfortable leaving the US until I have the I-485. Is this fear warranted? Would really like to travel overseas, but don't want to end up getting detained on re-entry..
I understand the above is specific to my case, but perhaps you can answer in a general sense for anyone else who finds themselves in a similar position..
show comments
iamcreasy
Thanks for the AMA.
Recent change to H1B allow organizations that conduct research "as a fundamental activity" to be eligible for cap exemption status. Can you kindly share your opinion on this?
Do the startups you work with fit this criteria?
show comments
johnxie
For O-1s filed by startups, what are the most common weak points USCIS flags now? Are you seeing more RFEs around equity or funding documentation?
show comments
canttestthis
Hi Peter - I'm on H1-B and not eligible for EB-1/2 or O-1. I filed for EB-5 through an RC and just got my EAD and I want to use that to start a startup in the US. If the underlying EB-5 petition is rejected after the startup is established, do you know if there is a path to re-sponsoring my H1-B through my own startup? I'm trying to understand whether I should wait for a proper green card before going down the startup route.
show comments
qwezxcrty
For a foreigner living outside of the US but interested in immigrating to the US in the longer term. Is it possible file the I-140, and while the application is being processed (or waiting for the priority date) apply for another nonimmigrant visa (B, F or J) for short term visit? Is it likely the application will be denied because of the "immigration intent" after filing the I-140?
show comments
kreeWall
Hi Peter, thank you so much for doing this AMA! I'm currently trying to decide whether to appeal an EB1A decision - they agreed to meeting "plain language" for 3 criteria, but denied the application on final merit.
What kind of considerations would you advise your clients to think of when making this decision?
show comments
debarshri
I am currently a dutch citizen. I'm also a founder of a startup that has raised around 2.5 million USD. The company is delaware based.
What is the best option i have? Is E2 an option?
show comments
juenfift
Hello! I do have concerns relating to the U.S. so I will put my questions out there.
I know somebody who is a U.S. citizen, however they are originally from Perú. They have official citizenship meaning they went through the whole process and gotten those documents.
Are they at risk of losing their citizenship and being deported with the current administration's standing on immigration?
show comments
hmartin
Hi Peter, thanks for the AMA.
I'm curious what gaps you see in firm operation software?
I work in legal tech and from what I've seen all of the software focuses on tasks and artifacts (e.g. the many AI letter drafters) as opposed to holistically understanding / optimizing business operation.
Does this fit your sense of the software landscape? Are there other opportunities here beyond case management etc?
CaveTech
Are there any difficulties in obtaining TN Visas related to the stage of the sponsor company?
More specifically, is it feasible for a Canadian operating startup to open a US entity and employ Canadian engineers under the TN Visa category? This would be an early stage non-VC backed company, but profitable and paying above prevailing market wage.
show comments
focusgroup0
Have a friend who quit his job and overstayed his TN visa during The Pandemic. After going back to Canada for visiting family, his next visit to the US was denied at CBP, and he was given a 10 year entry ban with option to appeal at a facility across the river from Buffalo, NY. What are his options? Is this situation fixable with a new work visa?
show comments
ed153
I'm looking to sponsor a family member (brother) to immigrate to the USA, have been told sibling sponsorship takes too long.
What is the minimum credible investment one is likly to need in order to apply for an E2 investment visa? What are the most common types of investments the USA government will find credible for approval?
show comments
spiff2025
Hello Mr Roberts
What happens if a positive asylum is not granted with a USCIS agent and the NOID is issued? Which could be the scenarios and also what happens if the appointment is before the 150 days. Thanks
PureSin
Hello, I'm currently on an H1B waiting on my priority date (I'm Canadian but born in China), my H1B hits the 6 year mark next year. My wife is currently on a TN which expires next year.
Should she switch to H4 EAD under my H1B instead of renewing her TN?
show comments
asadm
Would you recommend travel for GC holders in these coming months? How likely is that travel ban.
show comments
ummonk
Do you have any insights into how processing times are going to be going forward for legal immigration? USCIS is self-funded but hearing talk that the government seems to want to engage in their cost trimming layoffs anyway?
show comments
juancroldan
As an Spanish national and resident, can I found my company in the US without having any employee there? Would I be able to hire myself with a method other than Deel/Remote/others?
show comments
niyazpk
Hi Peter!
Given YC asks founders to apply for a batch just a few weeks (or months) before each batch starts, I am wondering if you run into issues with timing. Do you see issues with visa delays etc, that can cause founders to miss their batch?
show comments
hdivider
Are marriage-based green card applications still being processed at some pace when the petitioner's spouse is also a green card holder? I hear these days this category is ultra slow with no option to expedite.
show comments
theyknowitsxmas
What do you think about Nexus... Do you think Nexus holders enjoy the best of both worlds, less hassle at the border, 2 citizenships for 1 type of thing (but not really) as long as you don't have criminal charges?
show comments
bogzz
Thank you so much for this AMA.
If I am on STEM OPT and my F1 visa has expired, what are my chances of renewing my F1 visa if I visit home in Serbia and want to return to USA to work in person?
show comments
juenfift
Hello! I do have concerns relating to the U.S. so I will put my questions out there.
I know somebody who is a U.S. citizen, however they are originally from Perú.
They have official citizenship meaning they went through the whole process and gotten those documents.
Are they at risk of losing their citizenship and being deported with the current administration standing on immigration?
And a separate question(You don't have to answer this, but I will ask it however)
Is this anything I can do about this? I'm not willing to see myself worse off in 4 years after this situation.
And I want to do something about it, I'm aware you are just an attorney; but I haven't been able to find an answer nor think of an answer to what I could do; but I really want to do something about this, so what could I do?
However, thanks again for doing this AMA.
MinimalAction
Hi Peter - why are international students on F-1 visa (not on OPT) being strongly recommended to not travel outside the US now? Is there a possible denial at the port of entry when returning? I for one am a F-1 student looking to travel to an academic conference abroad, but being advised to reconsider and stay back in the US by my DSO. I'm in the middle of my program, and my I-20 and visa are valid for another 3 years.
show comments
waggle_dame00
1) My son who turned 14 this year is a gc holder. Does he need to go for the biometrics to register. I am asking this question, since the government page talks about visa only.
2) One of my relatives went out country has valid green card and overstayed beyond 6 months and he was able to come back fortunately. However, he is skeptical to visit out of country now due to his previous overstay. Do you think he can visit ? He has valid gc.
throwaway098490
How common is it for pre-Series A startups to sponsor H1Bs? What's the process like for EB2 on the PERM route, and how difficult is it to be successful in that process?
show comments
hdivider
Are you seeing any changes in the difficulty of the EB1A, or is it about the same as in the previous administration?
show comments
rathboma
Thanks for doing an AMA!
Should folks on H1B visas who have an ongoing green card application via PERM be concerned at all?
Would you advise not traveling until the i-495 is filed?
show comments
techguy06
Hi Peter, thank you for this AMA.
I've been a green card holder for 1 year as the result of working for big tech in the US, originally via getting a L1-B 3.5 years ago. I'm planning on moving back to my home country in Europe permanently. Is there any way I can keep my green card or at least keep it for longer in case I start a startup in Europe and want to also have a US presence? I'm a Portuguese citizen.
show comments
silverslate7
Thanks, Peter! What's the most viable visa for European to-be founders looking to move to the US (without affiliation to any institution / accelerator)?
I've been considering (a) going on a M-1 or F-1 master's student visa while working remotely my non-US company or (b) applying for an E1 Treaty Investor Visa. Are there other routes I haven't considered, and are there any unclear watch-outs around these two routes?
show comments
anothereng
I won the DV lottery do you know of any companies that are willing to hire remotely and then help with relocation to the USA?
show comments
michdesch
I used to go to a as a simple tourist on the basis that we were trying to raise capital for a telecom start up. Delaware C, SVB bank account. They just asked questions and let me in for 6 months. Anything changed?
show comments
Valbeloru
Hi. Practically, do I need to be an oficially employee for my employer to file H1B, or contractor is ok?
show comments
shekispeaks
Hi peter, do you use any legal specific ai software ? Do you use ChatGPT in your work?
show comments
iply
How hard is it to get approval for an o1 visa with no bachelors degree?
show comments
Detrytus
Does being "busted" by Customs (i.e. carrying some items that should be declared, but going, and being pulled of from "Nothing to declare" lane) affects admission to the US at all?
I was let go with just a warning for my "offense", but still the customs officer took my passport and make some note in the system. Should I expect secondary inspection next time I cross the border?
show comments
thisisauser123
I'm a US Citizen who married a citizen of New Zealand, we met while she was a international student studying CS at the school I was studying at. Since graduating, we moved back to New Zealand.
Over a year ago we filed a for I-130 to move towards her getting a Green Card and being able to live with me in the US.
Right now the USCIS website estimates that it will be another 20 months until our form is processed. This seems like an absurd amount of time? I've tried reaching out to the White House, who passed my case onto USCIS, who told me to pound sand, and to my congressional representatives, who told me they would "look into it".
Is there anything I can do to move this process along?
show comments
deep_thinker26
How AI ( LLMs, Agents ) can help you?
silverslate7
Do you have any guidelines for the amount of $ expected for the investment required for people applying for the E1 Treaty Investor Visa?
show comments
throwaway5752
If you could make any 3 changes - unilaterally and instantly with no consequences - to US immigration policy today, what would they be?
show comments
_blk
Hi Peter,
Thanks for all that great insight.
I'm currently a Swiss national on E2 with my own biz but looking at partnering with an American (the form could be a partnership or S-corp but it's not set in stone.. Recommendations welcome. State of CO or potentially Wyoming). All the work I do for them currently is consulting under my biz (SMLLC) as investment but apart from my biz paying for some PCB manufacturers there's no flow of money, just a lot of time.
Now my current E2 business has only me as an employee and I'm not sure how the chances of renewal look in 1.5 years if stays that way. End goal is a good partnership on the new venture and US citizenship but AFAIK there's no path from E2. Do you recommend reapplying for a new E2 with the new venture or extend the current one or something else entirely?
From what I understand from the last E2 is that the embassy prefers majority control from the treaty investor which we'd have to discuss if that's a hard requirement
Thanks!
show comments
Detrytus
Hi Peter, I was checking my I-94 recently, and noticed that my travel history is missing one trip, an arrival. Basically, it lists two departures in row, couple months apart. Does it matter? and is there any way to fix it?
show comments
dbg31415
With widespread layoffs in the tech industry, it’s worth asking what role is immigration really playing in meeting labor market needs? Are there truly skill shortages in the U.S.?
Many argue that programs like H-1B are less about addressing talent gaps and more about cutting labor costs. What’s your take?
In its current form, does the program actually protect the interests of the domestic workforce? Is it filling a legitimate labor need that can’t be met internally - or is it primarily structured to benefit investors looking to inflate stock prices?
show comments
Izikiel43
Any ideas how Eb3 final action date will move in the future? I noticed that for 2023 onwards more than 80k perms were approved.
show comments
jeffbee
As a practitioner do you feel that it was a waste of time to have studied the law? As you say, it is "rapidly changing", meaning the jurisprudence may not have been as majestic as students were led to believe.
show comments
negrit
Hey Peter.
show comments
atemerev
Were there any changes in requirements for O visa recently? Did they remove the job offer requirement?
show comments
ushakov
hi Peter!
how long does 221(g) administrative processing take to complete in your experience? anything one can do besides waiting (Russian citizen working in tech, almost 1yr without adjustments)?
show comments
tempfile
Is asking about Recurse Center on-topic? I wanted to apply, but I genuinely don't consider it safe to travel to the US. As far as I can tell there is no comparable bootcamp-style retreat in EU :(
show comments
0xy
I'm moving to the US on a K1 visa, is it possible to expedite an EAD on the basis of a job offer in an AI field?
show comments
rundmc
Is there any way for immigrants to avoid the 27 vaccines mandated by the CDC?
show comments
trod1234
Hi Peter, thanks for doing these AMA's.
There has been so much in the news recently, both on immigration, birthright citizenship, potential suspension of habeas corpus, lack of due process, the effective setup of stateless regions (El Salvador), and other aspects that all boil down to a question that seems to be on a number of people's minds and centered on a single question.
While this is more of a generic question, it'd be nice to hear from an actual attorney that's practiced law.
When we speak of a 'rule of law', and its benefits to society, its generally understood from Civic's classes we all had to take, that there are components that must be met, which are not met under a 'rule by law'; the latter which is more generally understood to be common to totalitarian regimes where they do what they want with the tacit approval of kangaroo courts, usually with some sort of reference to Lavrentia Beria's infamous quote, "Show me the person I'll show you the crime".
While there is some debate on the specific components of a 'rule of law', they almost all require: Independent Objective Judiciary, Equality under the Law, Access to Justice, Fundamental Rights, and Transparency (if I'm remembering my civic's correctly).
The primary purpose and benefit to society of such being non-violent conflict resolution.
In many respects, in the past few decades, Judicial activism seems to have broken the first, Access to bring an action now requires access to a lawyer which in many cases is a retainer of an amount that exceeds the average person's yearly salary (unspent), Transparency seems to have largely vanished behind paywalls, bad laws, and contradictory readings.
The last remaining two are equality under the law, and fundamental rights which are directly tied to those other properties, and have been degraded by corporations in their legal actions and lobbying as a whole over time. The remaining components seem in dire jeopardy with stateless regions, which the court doesn't seem capable of addressing (given the other failures that have occurred over the past 20 years that remain broken).
I hear all the time that we have a country that has a rule of law, but that isn't what the average person is seeing when they look at these things objectively.
Just so you know, I've reached out to numerous attorney's for various contract issues over the years, the most recent related to professional certification where the company clearly failed in their obligations, but they also apparently have received broad indemnification via their government contracts. I mention this, so the perception is not just based on a trusted news initiatives media alone, but also backed by my own conversations seeking services that came from my state BARs referral service.
Is there something wrong with my understanding here? Do we actually still live in a rule of law? If my understanding is right, it doesn't seem like we do anymore.
If you were an immigrant with legal status who lives in the US, would you feel OK traveling? What precautions would you take, what information would you memorize?
show comments
skoush
Are you seeing an increase in RFE/denial rates for EB2-NIW? What advice would you have if you get an RFE? This is for an AI researcher at one of the 3 foundation model companies.
show comments
Valbeloru
Hi
burnt-resistor
Hallo Peter! Thanks for putting yourself out here.
You gotta look up another immigration attorney in the Valley, Rajat Kuver. He's a super cool guy and has for years done work on complex commercial and family immigration cases.
Good luck to all your endeavors and happy weekend.
show comments
narenkeshav
Hey Peter,
On average, min and max - how many H1Bs do a Seed/Series A,B startups have?
If an individual is transgender, not a US citizen, and has a passport with an updated gender marker (or X), can they still get a visa? Or is submitting an official document with "wrong information" enough for a refusal?
What about existing visas?
Hi Peter, thanks for doing this AMA.
I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give your phone and password. Also, what happens if you refuse to do so? Is the worst case scenario that they will send you back to where you came from?
Thanks for doing the AMA!
I'm a US citizen born abroad - I got my citizenship via (I believe) INA 320 when I was a child. I have a US-born father who was not eligible to pass on his citizenship at the time of my birth. I lived in the US for most of my childhood up until ~2015 (initially as an LPR), and at some point, I obtained a US passport.
I don't have a certificate of citizenship, only a US passport. Given the way the US is going, I'm concerned that one day I'm going to apply renew my passport or otherwise have to prove my citizenship, and I'm not going to be able to sufficiently document it. Is this a real risk? Would you advise applying for a CoC in my circumstances? Am I even eligible to apply for one given that I live abroad? What other steps if any should I take to protect my status?
Hi Peter, I am a naturalized US citizen (via employment sponsored H1B to Green Card route). Prior to obtaining my citizenship I held an F1 visa to complete my PhD, and may have overstayed in the US at the end of my studies (I am not sure, this was 15+ years ago). This was never raised as an issue when I applied for my H1B, Green Card or citizenship, but is it something that could become an issue for me now if I travel as a US citizen and attempt to return to the US? Is there anything I can do proactively to address this if it is likely to be a problem? Thank you.
I have a company in my home country with revenues of $200k/year with 12 transactions per year from US clients. Can I apply for an E1 treaty trader visa and what are my chances of success?
I'm a Canadian software developer who'd like to join an American startup so naturally I've been applying to a bunch of jobs. More specifically, I'm looking to go with TN visa.
In most job applications, I need to answer the two following questions 1) Are you legally authorized to work in the US? and 2) Will you now or in the future require sponsorship? I'm looking for advice on how I should be answering these questions.
For example, I believe I should technically be answering NO to 1) and YES to 2), but I'm slightly unsure about this.
I've heard recently that some Canadians actually recommend answering YES to 1) as getting a TN visa is very simple and not too much harder than just hiring an American. The idea is that when you answer NO to 1) that recruiters (and especially startups who are often more naive about visas) will lump you in as being hard to hire like immigrants who come to the US on the H1B and then filter out your application.
As for question 2), because the TN is a "Nonimmigrant" visa, does this technically mean I can answer NO here?
Basically in summary, how would you recommend I answer these questions? I don't want my applications to get auto filtered, but I'd also like to be as honest as possible.
Hi Peter. I am a Lead Computer Vision Engineer, working remotely at Veryfi (YC 17). I am a citizen of Russia, living in Armenia for last 3 years.
We applied to O1 visa, got approval from the USCIS, then got visa stamps and at the day of my flight visas were revoked. Embassy said to reapply - I did and now it's been 11 months of Administrative processing (as they said in the DoS).
My employer tried writing to the Congressman's office couple times, but every time Embassy answers ~"please wait, no timelines". I also filed a DHS Trip complaint and received this statement: "We have made any corrections to records that our inquiries determined were necessary, including, as appropriate, notations that may assist in avoiding incidents of misidentification".
With everything above, we were not able to get any meaningful timelines or figure what's going on. Is there anything we can do to make movement in my case? It's hard to plan your life living like this, so it is very important for me. Thanks!
Appreciate the AMA. I'm curious about options for transitioning employees from the temporary (and now at-risk) Uniting for Ukraine parole status to something more stable and long term.
Is H1B lottery just going to be a Ukrainian's best bet? A lot of the advice and documentation seems contradictory, as 'parole' seems in some ways to be more a lack of status than a status itself. Leave the country and apply for some other type of more permanent work visa?
There has been a bunch of chatter in Canadian founders whatsapp groups about people getting detained for long periods of time coming into the states either at SFO or pre-clear in Canada. Are you advising Canadians travel with any additional documentation these days?
Honest question. If I live in a country with little to no Capital Gain Tax, why would I want to move to US other than job opportunity?
As someone who is a US Citizen, what is something about the immigration process that I probably do not know about, but causes a lot of issues/could be improved.
If possible, I'd like to hear about your typical day/week of work (is anything "typical" in your line of work?). Thanks!
Edit: Typo
Hi Peter, thanks for doing this AMA! I'm an EU citizen. I got my H1B in late 2023, but ended up not moving to the US after all. When I travel to the US for short business trips (same employer as back then), should I enter using this H1B or ESTA? And could this unused H1B become an issue now that there seems to be increased scrutiny at the border? Thank you.
Have people gotten into trouble for having a nearly empty phone when they get searched? Like using a burner phone or doing a factory reset prior to the trip. I've wondered if that would be considered suspecious.
A legally-uneducated read of 22 CFR 51.62 suggests that the State Department can revoke a passport that was "illegally, fraudulently, or erroneously obtained."
How likely would you consider the idea that the current administration would revoke existing passports for transgender Americans under the pretense that they were "fraudulently or erroneously" obtained under processes put in place by previous administrations?
Hi Peter, I’m currently on year 3 of H1B, and my company filed this march for the 3 year extension (with premium processing), which got approved.
Concurrently, they also filed form i539 for my wife on H4 to extend her status (her current visa stamp and status expire in July this year). She has no EAD as I don’t have an approved i140.
Her request is still pending, and given current processing times it likely still will be when her status expire.
To complicate things, we travelled outside the US for 10 days while her request was pending (after receiving the green light from my company lawyers saying it wouldn’t impact the i539).
Reading online we got mixed results, so we’re not sure if she can stay in the US until her i539 is approved, or if having left the country for a short period might cause USCIS to consider her application abandoned.
We could have her travel and to make arrangements for a consulate appointment before July, but we’d like to avoid that if possible.
My understanding is that is a bit of a legal gray area, so I wanted to hear your thoughts.
Thanks for the help!
Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks "Are you legally entitled to work in the US?". Am I meant to answer yes or no to that?
Hi Peter! Thank you for this!! A while back, ~10 months, I was rejected from a B1 visa in the US. However, I have now secured admission from Stanford and would need to apply for an F1 visa. What can I do to make my case strong and ensure that the previous visa application does not affect my current F1 process?
Thanks for this Peter!
I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan)
What are my options if I was laid off/company went under/perm cert rejected?
How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?
Did you observe a drop in H1B visa applications since the 2024 presidential election?
What's a good number to memorize if you get detained and have the right to ask for a lawyer?
Hi Peter, Im currently on H1B with I-140 approved. Im thinking of starting my own company and have other co-founders who are US citizens / GC holders. What is the path for me to have a visa while also being able to start my company.
Hi Peter,
My I-140 was approved in June 2013 under the EB2 category (H1B). I later downgraded to EB3 and filed my I-485 when my priority date became current back in 2021. I received my EAD in 2022 and have been working on EAD since then.
According to the current visa bulletin, my priority date is expected to become current soon. However, I have a couple of concerns:
The job title I had when I filed the I-485 is different from my current role.
I have also changed employers since then.
I understand that I may need to submit a new I-485J.
Given that I was promoted and my current title is significantly different from the one in my original petition, could this pose any challenges to my I-485 application?
I'm a Canadian moving to the US under TN status. Im looking for tax advice on what to do with my TFSAs and my American income, planning on returning to Canada in a few years. I've struggled to find an accountant who seems to really know what they're talking about. Any tips?
Also, the moving company wants me to get a visa before they book my movers, but the TN status thing happens at the port of entry. Can I get the TN status now even if I don't start for another 6 weeks? Can I get the TN "visa" from a consulate even as a Canadian citizen?
Hey Peter! I'm going to pose a question that I think is tangential, but still related.
With genAI and LLMs making way into every profession, how much of an impact have you seen on the immigration law side? Have these style of tools made your job easier, or are they adding more confusion and uncertainty?
Given the rapidly changing landscape (on the immigration side; what is valid today may not be valid tomorrow, and everything seems kind of up to the best guess of the practitioner) do you see these tools (potentially) causing more harm than good (to specific individual cases)?
Are the current policies in the US making it noticeably more difficult for you to secure work visas for your clients?
I have a US passport and am a naturalized US citizen however due to some sort of clerical error my passport says I was born here (even though you have to staple your immigration cert to the passport application). I never even noticed it until I'd been in and out of the country a few times, my passport is about to expire and I'm worried about having trouble trying to get it fixed, what course of action should I take, I'd really like to have a valid US passport.
Hi Peter, thank you for doing this.
I am on H1b visa and my partner is on H4 dependent visa. On H4, my partner wants to open a startup but is afraid if I lose my job then she has to stop working on the H4 visa as well.
I have my cousin who has a green card who is willing to be part of it, but I don't want to dependent on them.
What other paths are possible?
Cheers!
My wife recently got her O1 visa approved and I'll be getting an O3 as dependent. I currently have an app that I'm actively developing that generates $50-$100 per month. I might be able to stop development, but at the very least would need to support the customers. I also have some product ideas I'd like to build and potentially monetize.
What are my options?
When it comes to Canadians working in the US on a TN, are we allowed to accept promotions (title, comp or both) without going through reapproval of our visa? Are there any nuances here like caps on how high a salary increase could be before needing a reassessment? Maybe increases in equity don’t count?
Also if the reassessment is denied does your original visa still remain valid or are you risking it all for the promotion?
When US firms apply for H1B or J-1 work visas for foreigners, what part of the process is the most critical part or where it's most likely to fail.
Should I apply for an H1B or an O1 visa if the end goal is to self-petition an EB-1A green card application?
If I forge birth documents, will I get caught?
Thanks for doing this Peter. Quick question.
I'm in the US using E-3 visa since July 2024, working as a software engineer for a smallish non-faang company. I am fully remote in the Bay area and there is no office, but technically the company is based in NYC. New hiring for SWEs is outside the US. There haven't been layoffs in the last 12 months and it doesn't seem like there will be.
What is the best way for me to pursue a green card? I am aware that E-3 is not the ideal path, but is workable with some risks. My main concern is the state of the SWE market, with so many candidates looking for work.
I expect that any labour market test will fail as there will be suitable US candidates that appear. Is there any way to navigate this situation? What are the chances of success in this market? Would joining a big-tech company help?
As a student moving to the US for uni and looking to utilize the Stem-OPT to find a job, what advice can you give?
Also do some jobs give you any sort of priority in the H1B lottery?
Are O1 visa applications getting significantly more scrutiny nowadays?
I comfortably qualify for one, based on the USCIS criteria, but my employer (big tech company, big law firm for immigration) wants to wait one more year for another H1B attempt before trying this.
Hence I am wondering if switching jobs could potentially help here.
Do L1B visa holders have reasonable chance of getting compelling circumstances EAD if their visa date isn't current for EB-3? I'm wondering if I should suggest that option for HR when they file the I-140 (or after if it's approved, whatever the process is).
Good afternoon. I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.
Are you seeing a downturn in people trying to come here for work. It's a shame, but I don't think any rational person should try to come here to study or work right now.
Gone are the days of attending a community college and dating girls from Korea and Japan.
And I can't blame anyone for not wasting to be destined indefinitely for trivial reasons.
https://www.theguardian.com/us-news/2025/apr/05/i-was-a-brit...
Hey Peter, what are your thoughts on networks states and the methods tech CEOS and VCs are using to push the working class towards Techno feudalism? Do you think Peter Thiel using Palantir to mine US tax payers information, to help drive and target innocent civilians towards their vision, is legal? Should the constitution exist or do we need to be conquered and lead by monarchies? Most importantly, do you believe the supreme court should exist to serve its purpose in our system of checks and balances?
Can you clarify the current status of the U4U program? Is it limited to TPS only, or are there other pathways available? Also, what do you think the government’s broader intentions are with U4U?
Hey Peter,
Currently living in the US, I applied for a green card via marriage (partner is GC holder) in March 2023. I received my AP and EAD over a year ago, but there has been zero movement on the I-485..
What are the options here?
Given the current political climate, I'm not comfortable leaving the US until I have the I-485. Is this fear warranted? Would really like to travel overseas, but don't want to end up getting detained on re-entry..
I understand the above is specific to my case, but perhaps you can answer in a general sense for anyone else who finds themselves in a similar position..
Thanks for the AMA.
Recent change to H1B allow organizations that conduct research "as a fundamental activity" to be eligible for cap exemption status. Can you kindly share your opinion on this?
Do the startups you work with fit this criteria?
For O-1s filed by startups, what are the most common weak points USCIS flags now? Are you seeing more RFEs around equity or funding documentation?
Hi Peter - I'm on H1-B and not eligible for EB-1/2 or O-1. I filed for EB-5 through an RC and just got my EAD and I want to use that to start a startup in the US. If the underlying EB-5 petition is rejected after the startup is established, do you know if there is a path to re-sponsoring my H1-B through my own startup? I'm trying to understand whether I should wait for a proper green card before going down the startup route.
For a foreigner living outside of the US but interested in immigrating to the US in the longer term. Is it possible file the I-140, and while the application is being processed (or waiting for the priority date) apply for another nonimmigrant visa (B, F or J) for short term visit? Is it likely the application will be denied because of the "immigration intent" after filing the I-140?
Hi Peter, thank you so much for doing this AMA! I'm currently trying to decide whether to appeal an EB1A decision - they agreed to meeting "plain language" for 3 criteria, but denied the application on final merit.
What kind of considerations would you advise your clients to think of when making this decision?
I am currently a dutch citizen. I'm also a founder of a startup that has raised around 2.5 million USD. The company is delaware based.
What is the best option i have? Is E2 an option?
Hello! I do have concerns relating to the U.S. so I will put my questions out there. I know somebody who is a U.S. citizen, however they are originally from Perú. They have official citizenship meaning they went through the whole process and gotten those documents.
Are they at risk of losing their citizenship and being deported with the current administration's standing on immigration?
Hi Peter, thanks for the AMA.
I'm curious what gaps you see in firm operation software?
I work in legal tech and from what I've seen all of the software focuses on tasks and artifacts (e.g. the many AI letter drafters) as opposed to holistically understanding / optimizing business operation.
Does this fit your sense of the software landscape? Are there other opportunities here beyond case management etc?
Are there any difficulties in obtaining TN Visas related to the stage of the sponsor company?
More specifically, is it feasible for a Canadian operating startup to open a US entity and employ Canadian engineers under the TN Visa category? This would be an early stage non-VC backed company, but profitable and paying above prevailing market wage.
Have a friend who quit his job and overstayed his TN visa during The Pandemic. After going back to Canada for visiting family, his next visit to the US was denied at CBP, and he was given a 10 year entry ban with option to appeal at a facility across the river from Buffalo, NY. What are his options? Is this situation fixable with a new work visa?
I'm looking to sponsor a family member (brother) to immigrate to the USA, have been told sibling sponsorship takes too long.
What is the minimum credible investment one is likly to need in order to apply for an E2 investment visa? What are the most common types of investments the USA government will find credible for approval?
Hello Mr Roberts What happens if a positive asylum is not granted with a USCIS agent and the NOID is issued? Which could be the scenarios and also what happens if the appointment is before the 150 days. Thanks
Hello, I'm currently on an H1B waiting on my priority date (I'm Canadian but born in China), my H1B hits the 6 year mark next year. My wife is currently on a TN which expires next year.
Should she switch to H4 EAD under my H1B instead of renewing her TN?
Would you recommend travel for GC holders in these coming months? How likely is that travel ban.
Do you have any insights into how processing times are going to be going forward for legal immigration? USCIS is self-funded but hearing talk that the government seems to want to engage in their cost trimming layoffs anyway?
As an Spanish national and resident, can I found my company in the US without having any employee there? Would I be able to hire myself with a method other than Deel/Remote/others?
Hi Peter!
Given YC asks founders to apply for a batch just a few weeks (or months) before each batch starts, I am wondering if you run into issues with timing. Do you see issues with visa delays etc, that can cause founders to miss their batch?
Are marriage-based green card applications still being processed at some pace when the petitioner's spouse is also a green card holder? I hear these days this category is ultra slow with no option to expedite.
What do you think about Nexus... Do you think Nexus holders enjoy the best of both worlds, less hassle at the border, 2 citizenships for 1 type of thing (but not really) as long as you don't have criminal charges?
Thank you so much for this AMA.
If I am on STEM OPT and my F1 visa has expired, what are my chances of renewing my F1 visa if I visit home in Serbia and want to return to USA to work in person?
Hello! I do have concerns relating to the U.S. so I will put my questions out there.
I know somebody who is a U.S. citizen, however they are originally from Perú. They have official citizenship meaning they went through the whole process and gotten those documents.
Are they at risk of losing their citizenship and being deported with the current administration standing on immigration?
And a separate question(You don't have to answer this, but I will ask it however)
Is this anything I can do about this? I'm not willing to see myself worse off in 4 years after this situation.
And I want to do something about it, I'm aware you are just an attorney; but I haven't been able to find an answer nor think of an answer to what I could do; but I really want to do something about this, so what could I do?
However, thanks again for doing this AMA.
Hi Peter - why are international students on F-1 visa (not on OPT) being strongly recommended to not travel outside the US now? Is there a possible denial at the port of entry when returning? I for one am a F-1 student looking to travel to an academic conference abroad, but being advised to reconsider and stay back in the US by my DSO. I'm in the middle of my program, and my I-20 and visa are valid for another 3 years.
1) My son who turned 14 this year is a gc holder. Does he need to go for the biometrics to register. I am asking this question, since the government page talks about visa only. 2) One of my relatives went out country has valid green card and overstayed beyond 6 months and he was able to come back fortunately. However, he is skeptical to visit out of country now due to his previous overstay. Do you think he can visit ? He has valid gc.
How common is it for pre-Series A startups to sponsor H1Bs? What's the process like for EB2 on the PERM route, and how difficult is it to be successful in that process?
Are you seeing any changes in the difficulty of the EB1A, or is it about the same as in the previous administration?
Thanks for doing an AMA!
Should folks on H1B visas who have an ongoing green card application via PERM be concerned at all?
Would you advise not traveling until the i-495 is filed?
Hi Peter, thank you for this AMA. I've been a green card holder for 1 year as the result of working for big tech in the US, originally via getting a L1-B 3.5 years ago. I'm planning on moving back to my home country in Europe permanently. Is there any way I can keep my green card or at least keep it for longer in case I start a startup in Europe and want to also have a US presence? I'm a Portuguese citizen.
Thanks, Peter! What's the most viable visa for European to-be founders looking to move to the US (without affiliation to any institution / accelerator)?
I've been considering (a) going on a M-1 or F-1 master's student visa while working remotely my non-US company or (b) applying for an E1 Treaty Investor Visa. Are there other routes I haven't considered, and are there any unclear watch-outs around these two routes?
I won the DV lottery do you know of any companies that are willing to hire remotely and then help with relocation to the USA?
I used to go to a as a simple tourist on the basis that we were trying to raise capital for a telecom start up. Delaware C, SVB bank account. They just asked questions and let me in for 6 months. Anything changed?
Hi. Practically, do I need to be an oficially employee for my employer to file H1B, or contractor is ok?
Hi peter, do you use any legal specific ai software ? Do you use ChatGPT in your work?
How hard is it to get approval for an o1 visa with no bachelors degree?
Does being "busted" by Customs (i.e. carrying some items that should be declared, but going, and being pulled of from "Nothing to declare" lane) affects admission to the US at all?
I was let go with just a warning for my "offense", but still the customs officer took my passport and make some note in the system. Should I expect secondary inspection next time I cross the border?
I'm a US Citizen who married a citizen of New Zealand, we met while she was a international student studying CS at the school I was studying at. Since graduating, we moved back to New Zealand.
Over a year ago we filed a for I-130 to move towards her getting a Green Card and being able to live with me in the US.
Right now the USCIS website estimates that it will be another 20 months until our form is processed. This seems like an absurd amount of time? I've tried reaching out to the White House, who passed my case onto USCIS, who told me to pound sand, and to my congressional representatives, who told me they would "look into it".
Is there anything I can do to move this process along?
How AI ( LLMs, Agents ) can help you?
Do you have any guidelines for the amount of $ expected for the investment required for people applying for the E1 Treaty Investor Visa?
If you could make any 3 changes - unilaterally and instantly with no consequences - to US immigration policy today, what would they be?
Hi Peter,
Thanks for all that great insight.
I'm currently a Swiss national on E2 with my own biz but looking at partnering with an American (the form could be a partnership or S-corp but it's not set in stone.. Recommendations welcome. State of CO or potentially Wyoming). All the work I do for them currently is consulting under my biz (SMLLC) as investment but apart from my biz paying for some PCB manufacturers there's no flow of money, just a lot of time.
Now my current E2 business has only me as an employee and I'm not sure how the chances of renewal look in 1.5 years if stays that way. End goal is a good partnership on the new venture and US citizenship but AFAIK there's no path from E2. Do you recommend reapplying for a new E2 with the new venture or extend the current one or something else entirely?
From what I understand from the last E2 is that the embassy prefers majority control from the treaty investor which we'd have to discuss if that's a hard requirement
Thanks!
Hi Peter, I was checking my I-94 recently, and noticed that my travel history is missing one trip, an arrival. Basically, it lists two departures in row, couple months apart. Does it matter? and is there any way to fix it?
With widespread layoffs in the tech industry, it’s worth asking what role is immigration really playing in meeting labor market needs? Are there truly skill shortages in the U.S.?
Many argue that programs like H-1B are less about addressing talent gaps and more about cutting labor costs. What’s your take?
In its current form, does the program actually protect the interests of the domestic workforce? Is it filling a legitimate labor need that can’t be met internally - or is it primarily structured to benefit investors looking to inflate stock prices?
Any ideas how Eb3 final action date will move in the future? I noticed that for 2023 onwards more than 80k perms were approved.
As a practitioner do you feel that it was a waste of time to have studied the law? As you say, it is "rapidly changing", meaning the jurisprudence may not have been as majestic as students were led to believe.
Hey Peter.
Were there any changes in requirements for O visa recently? Did they remove the job offer requirement?
hi Peter!
how long does 221(g) administrative processing take to complete in your experience? anything one can do besides waiting (Russian citizen working in tech, almost 1yr without adjustments)?
Is asking about Recurse Center on-topic? I wanted to apply, but I genuinely don't consider it safe to travel to the US. As far as I can tell there is no comparable bootcamp-style retreat in EU :(
I'm moving to the US on a K1 visa, is it possible to expedite an EAD on the basis of a job offer in an AI field?
Is there any way for immigrants to avoid the 27 vaccines mandated by the CDC?
Hi Peter, thanks for doing these AMA's.
There has been so much in the news recently, both on immigration, birthright citizenship, potential suspension of habeas corpus, lack of due process, the effective setup of stateless regions (El Salvador), and other aspects that all boil down to a question that seems to be on a number of people's minds and centered on a single question.
While this is more of a generic question, it'd be nice to hear from an actual attorney that's practiced law.
When we speak of a 'rule of law', and its benefits to society, its generally understood from Civic's classes we all had to take, that there are components that must be met, which are not met under a 'rule by law'; the latter which is more generally understood to be common to totalitarian regimes where they do what they want with the tacit approval of kangaroo courts, usually with some sort of reference to Lavrentia Beria's infamous quote, "Show me the person I'll show you the crime".
While there is some debate on the specific components of a 'rule of law', they almost all require: Independent Objective Judiciary, Equality under the Law, Access to Justice, Fundamental Rights, and Transparency (if I'm remembering my civic's correctly).
The primary purpose and benefit to society of such being non-violent conflict resolution.
In many respects, in the past few decades, Judicial activism seems to have broken the first, Access to bring an action now requires access to a lawyer which in many cases is a retainer of an amount that exceeds the average person's yearly salary (unspent), Transparency seems to have largely vanished behind paywalls, bad laws, and contradictory readings.
The last remaining two are equality under the law, and fundamental rights which are directly tied to those other properties, and have been degraded by corporations in their legal actions and lobbying as a whole over time. The remaining components seem in dire jeopardy with stateless regions, which the court doesn't seem capable of addressing (given the other failures that have occurred over the past 20 years that remain broken).
I hear all the time that we have a country that has a rule of law, but that isn't what the average person is seeing when they look at these things objectively.
Just so you know, I've reached out to numerous attorney's for various contract issues over the years, the most recent related to professional certification where the company clearly failed in their obligations, but they also apparently have received broad indemnification via their government contracts. I mention this, so the perception is not just based on a trusted news initiatives media alone, but also backed by my own conversations seeking services that came from my state BARs referral service.
Is there something wrong with my understanding here? Do we actually still live in a rule of law? If my understanding is right, it doesn't seem like we do anymore.
All past Peter's AMA discussions:
https://hn.algolia.com/?query=I%27m%20Peter%20Roberts%2C%20i...
If you were an immigrant with legal status who lives in the US, would you feel OK traveling? What precautions would you take, what information would you memorize?
Are you seeing an increase in RFE/denial rates for EB2-NIW? What advice would you have if you get an RFE? This is for an AI researcher at one of the 3 foundation model companies.
Hi
Hallo Peter! Thanks for putting yourself out here.
You gotta look up another immigration attorney in the Valley, Rajat Kuver. He's a super cool guy and has for years done work on complex commercial and family immigration cases.
Good luck to all your endeavors and happy weekend.
Hey Peter,
On average, min and max - how many H1Bs do a Seed/Series A,B startups have?
From your experience.
Thank you for your time, Naren