If someone is from one of 75 countries with ban on immigration but also has dual citizenship from a country that is not banned, do they need to go to that second country's US embassy when applying for an immigration visa?

I never really understood about PERM. Suppose I am a manager on a team and one of my employees is going through the PERM process.

I'm supposed to put out a job advertisement (but the job isn't real) for my employer. If an applicant passes the interview process, I don't have to hire that person (I probably can't - I don't have budget or permission from the organization). But I do have to honestly say if they have all the required skills -- I'm not permitted to say "wouldn't be a culture fit."

Nor do I have to fire my employee. But maybe my employee won't get a green card six years down the road.

1) Do I have any details wrong here? The one time I talked to a law firm about this they more-or-less refused to state the above outright, but answered all questions in this direction. 2) Doesn't this seem disrespectful to, among others, the applicants to the fake job?

Does H1-B really carry that 100k per-case fee? I remember hearing of it, but afterwards also individual stories of people getting H1-B. I don't know them personally unfortunately; not sure whether it was sponsored by not-for-profit research institutes or for-profit companies. I can't imagine this rule being economically feasible for most, though. And if the answer is actually a yes, would the company want to make sure that here's a repayment clause in the contract, e.g. if the worker leaves within X years, he/she will have to refund the company for Y% of this visa fee? Is that even legal?

Related, iirc H1-B has a 6-year limit. Under the current policy what's the path forward if the holder is not ready to adjust their status to PR within the timeframe or not qualified to EB category? O1? But there were a wave of news stories about O1 being abused and I wouldn't be surprised if that was a prelude to major changes to the category.

Just curious. Thanks for making this thread.

When you have an IR-1 in the process, but we decided to move to Europe is it then better to cancel that application or is it better to just let it go through the system and sort of cancel it at the point when we're invited for an interview?

How has AI affected your job and what tools are you using?

What's an ask you'd make to startups in the legal AI space?

Not selling something, but have heard primarily negative sentiments from other lawyers due to hallucination risk.

What's the best path from zero to a fully legal status (visa first I imagine, but eventually citizenship) in the US for someone coming over from the Western Balkans (non-EU), with a bachelors degree in EE or CS and no prior work experience? Thanks for doing this.

Thanks for doing this.

- How difficult has it become to get O1 for founders compared to say 5 years ago?

-What advice would you have for founders who think they should be able to get O1 once they have a bit of seed money (say YC, 500k) and press coverage?

What are you seeing with the new $100k H1B fee? Is it being applied only to people currently outside the US? Do you have any estimates on whether it's likely to be renewed in September and/or struck down?

What's the climate like around TN visas nowadays? Specifically, from Canada to the US. (Thinking of Waterloo grad-types but also humanities types coming to join in non-eng roles)

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

Our small company offers a remote paid mentorship for students anywhere in the world - often times, international students in the US want to apply but then there’s substantial confusion on whether they can be paid without jeopardizing their status. The stipends we pay are all 1099 and it’s mostly self-directed work so we’re a bit at a loss in regards to the CPT/OPT qualifications. Many end up forgoing their stipend which sucks for students in an expensive place.

Any thoughts there?

Are you able to comment on J-1 visa limitations around duration of international travel?

I'm a postdoc at a US university. My school's international office suggested there was no limit on how long I could travel outside of the US, but most sources online suggest there is a limit of 30 days before the SEVIS record goes inactive. It seems this can be avoided if the university sponsor records the travel in SEVIS. I think I've finally convinced them that this is a real limitation, but some actual expert knowledge would still be very appreciated! I am Canadian, in case that affects the answer.

Thanks for doing this!

Hi Peter, thank you for your time

I have been living and working Estonia for around 2 years now, I have mostly US clients for a saas that I direct, this saas brings me around steady income of around 200k euros per year, at least 130k come from east coast companies.

Can I apply for the E1 treaty trader visa? Even if my company is not incorporated in Greece?

Thanks for doing this Peter! I am an Indian national on H1-B with an active, non-withdrawn I-140 and a Priority Date of August 2016 from a previous employer. My current employer has an approved PERM, but their I-140 is still pending.

If the Dates for Filing (DFF) chart reaches my priority date, what is the latest viable timeline to return to my previous employer to file an I-485 based on their approved petition? Additionally, are there legal risks to joining after the date has already become current?

It sounds great in theory, but is returning to the USA on an AP nearly as stress free in reality?

I am considering a concurrently filed EB-5 petition and am curious as to what you are noticing of late.

Thank you for doing this AMA, Peter!

I switched from e3 (NOT eb3) to h1b and then they did the $100k eo, so it doesn't feel like a good idea to remain on h1b.

Now, my us citizen spouse and I are filing a spouse based green card application. (of course, we also filed for EA and AP)

Anything you can tell us about how long it might take, how many requests for extra documents they might ask for? (I understand you haven't seen our application, to our minds it's very thorough, like 400 pages, but yeah, in all generality)

Thank you Peter!

My family and I all have green cards, but for the last 3 years, we have been living outside the US (in India) with re-entry permits. I work for a large tech company and have technically been "on assignment" for that time, but honestly, we've more or less shifted base entirely to India at this point.

Our re-entry permits are coming up for renewal soon. We're considering giving up my wife's and kids' green cards, and keeping only mine. The reason for keeping mine is twofold: (1) most of my assets are in the US, and I want to take my time shifting to non-US-domiciled assets to avoid the non-resident estate tax; and (2) I still travel frequently to the US -- 3 or 4 times a year -- for work.

Do you foresee any problems with my family giving up their green cards now, and me holding on to it?

There's some information online that says if you get an employment-based green card, you must stay at your employer for 6 months after receiving it or else it will cause problems in the future. And others say there's no such rule. Can you clarify if there's any restriction like that and where it comes from?

Thank you kindly, Peter.

My partner is a H1B tech worker employed by Meta; not working on AI/ML.

Given the Chinese government opposition to the Manus acquisition, is there any risk they could encounter for their upcoming H1B visa stamp in China?

I have had an RFE for my Eb5 I -829 petition and my attorney submitted my RFE 3+ months ago but haven't heard anything back. Is it true that USCIS responds to RFE within 3 months or have you seen delays in RFE processing in Eb5 cases?

For someone starting law school in Canada who hopes to eventually work as in-house counsel for US-based tech companies or startups, what career paths tend to work best?

Is the common route something like BigLaw (possibly New York) first, then transitioning in-house later, or are there better alternatives?

As a co-founder (Australian citizen) of a Series A funded software startup, is there an easy decision matrix on whether to apply for an E3 or O1 visa? It seems like I don't fully fit into either category.

Suppose you could wave a magic wand and change US immigration law in any way you like. What changes would you make?

https://news.ycombinator.com/item?id=46164104

I am looking for some legal advise as a F1-OPT student, how to register and incorporate the company in Delaware, c-corp with SAFEs ? any contacts will appreciate.

If someone on H-1B in California gets (ostensibly) terminated via email with the reason being given as money, but the company does not send over final pay stubs and instead wires a lump sum, but not for the full amount (no 401k payments deposited into retirement account and I think at least one paycheck) then asks the person to sign a document agreeing they are not owed any money, what steps should that person take? It seems like the issues are 1) change of visa status needs documentation but also importantly 2) they can't get their spouses insurance without final pay stubs. The company said there were problems with ADP and has been delaying on responses.

Can a employee sponsored greencard holder move jobs within 3 months after getting greencard approved granted the new role is pretty similar to one before? will there be any issues in terms of naturalization/reapproval.?

Hi Peter, have you noticed either increased processing times or denial rates of N400 applications? I know about several people waiting to have a citizenship interview scheduled for 12 months or even longer, this seems out of the ordinary. Thank you!

Not sure if this is too high level, but do you have a "dashboard" of sorts for very high level US immigration stats for tech you could share? Perhaps you have access to a series of charts that show overall visa applications, then broken down by type, the change over time (by year, for instance) and then the approval/denial rates and the change in those rates over time?

You obviously have a front-row seat to how current US immigration policy is impacting tech and so would love to see some high level stats showing the actual change.

What is the current status of the DV program? What will happen with last year's quotas?

And another question: has 100k$ requirement on H1Bs make any meaningful impact on applications count (e. g. to remove the lottery)?

I’ve said this before and I’ll say it again: years ago, Peter helped me secure authorization to become employee #1 at one of the most successful AI companies to come out of YC. Without his advice, I honestly don’t think I’d have the career I have today.

Since then, he has guided me and many friends through complex immigration processes, always flawlessly and on time. I’d strongly recommend listening to his advice and considering his services.

Hi Peter - thanks for another of these.

What travel restrictions are applied to applicants/spouses going through the PERM labor cert green card process? I am on an L1-B (wife is L2) and we are currently at the step before the I-485 submission and travel lots to see family

I've had a B1/B2 for almost 10 years and went to the US many times for conferences, interviews and company get-togethers. I've never had issues at the airport. I might have to travel again for another company meetup. I'm hesitant to do so out of fear of being imprisoned in a random concentration camp with no explanation. What are the chances of that nightmare scenario happening and have you dealt with clients in that situation?

With all the turbulence around visas, how does the TN visa situation look these days? Is it relatively easy to get a role in the US from Canada? Cheers king!

The current administration has made it very hard for tech workers to get perm status. Many larger companies are no longer sponsoring perm applications for workers on h1-bs because it is so difficult to meet the new requirements. Which of the new requirements is the most difficult for companies to meet and have you seen any creative solutions, especially for smaller companies and startups trying to get their H1-B folks on greencard track.

What’s the situation for tech workers from Europe who want to go to the US solely for touristic purposes? There have been plenty of horror stories about people who were accused of plotting to work in the US from their laptop on false pretence of being on vacation.

I'm currently on an F-1 STEM OPT got the H1B Lottery. I need to travel in August. If my H1B is approved before my travel date in August, would I be able to keep my 'Change of Status' status if I come back using my F-1 visa? I do not want to trigger the $100k H1B fee if it switches to Consular Processing. Is it risky? Should I stay in the U.S from approval until October 1st?

Has the chance of being denied entry to the country with an advance parole document increased? Or is that still fairly low risk?

Hi Peter, thanks for doing this AMA. I'm an F-1 CS student starting Post- Completion OPT 07/15/2026 as a solo founder of my CA single-member LLC (disregarded entity), building a real-time AI lecture translation product. A few areas where I've found USCIS guidance / online sources contradictory or silent — would love your take on any of these:

1. STEM OPT + self-employment: I've seen the E-Verify employer requirement, but conflicting takes on whether a solo founder's own LLC enrolling in E-Verify and W-2'ing the owner is acceptable to USCIS in practice. Is this a viable path, or has USCIS effectively foreclosed it?

2. The structural conflict: a single-member LLC is a disregarded entity (IRS doesn't allow owner W-2). But STEM OPT effectively requires W-2. Should solo founders convert to S-Corp or C-Corp before STEM OPT? When in the timeline?

3. SEVP Portal reporting for self-employed: what do you actually put for "Employer Name" — the LLC, or your own name? Any common mistakes here that trigger DSO/USCIS scrutiny?

4. The "20 hours/week" and "directly related to major" bars for solo founders pre-revenue: how does USCIS actually evaluate product-building time vs. business-side time during audits? Any compliance pitfalls you've seen?

5. International travel during OPT for self-employed: the "employer letter" requirement when self-employed — do you write it to yourself? Any real re-entry risks for solo founders, especially F-1 visa renewal abroad?

6. Pre-OPT business activity: I formed the LLC and have been doing product development before OPT starts (no revenue). Where's the line between permissible "preparation" vs. unauthorized employment for F-1?

7. Long-term path post-OPT for a solo technical founder (early-stage, no funding/revenue yet): realistic timelines and success rates for O-1A vs. EB-2 NIW (Matter of Dhanasar) vs. cap-subject H-1B? When should I start building the case?

Even partial answers on any of these would be hugely helpful. Thank you!

Pending Green Card applications are going through "extended vetting", which I understand means resubmitting biometrics against an FBI database which now contains more nationwide data. Do you know anything about this process?

My wife is a US citizen now. I'm not that worried, but of course I see the reports on TV about the Trump admin abducting and imprisoning lawful residents and citizens.

To be clear, we were completely honest on every form required to do this and my wife isn't part of any political groups and doesn't do much interesting stuff in that regard, so I don't think they would have much room to strip her citizenship.

On the off chance that this abduction happens from ICE, what is the best thing for us to do? Just call a lawyer?

How do you see the increase in robotics and AI on your work over the next couple of years? Will demand drop in general or will we continue to see an influx of people with a diminishing amount of jobs?

A bit general but can you talk about immigration law regarding ITAR regulated industries?

If someone is a a EU citizen and wanted to work in aerospace in the US, would that be possible in general?

What kind of visa or green card would they need?

Would they be able to work on everything like a US citizen or are there areas that are restricted?

Have there been any meaningful changes in denial rates, processing times, or petitioning processes for L1 visas?

Can a person be eligible to purchase a ACA health plan in CA if they're on a B2 visa considering they have been in the USA for several years on prior work visas?

I know there are some recent changes with OBBBA that will kick in Jan 2027 but as per my understanding only affect PTCs not ACA eligibility.

What sorts of processing times are you seeing for I-130 green card applications? I filed for my wife in late July, and we've still not received anything but a receipt notice.

Hi Peter, are you seeing longer wait times for N-400 and citizenship processing? Can one travel out of the country for a few weeks while the application is pending or will this impact the residency requirements?

There's a been a massive jump in EB processing times in the last couple of months, specifically EB3 ROW which is my category. Do you think this quick advancement will continue over the next few months?

I applied for a EB1-A in October 2024 and still haven’t heard anything. I’m French with a valid O-2 until October 2027, working in corporate event planning with pharmaceutical companies. Do you think I’ll hear back this year? Is my application compromised with the actual economical and geopolitical context ? Should I plan on trying to extend my O?

Maybe a little broad. I have co-founders who are interested in emigrating to the USA, hoping our company could be a boon to the process. Is it?

I have a GC but it is about to expire this summer. If I apply for citizenship, can I still travel? Do I need to apply to extend my GC as well?

What a creative way to solicit new business. These quarterly touts for work on HN in the guise of AMA leave me somewhat annoyed.

Have you seen an increase in usage of the L1 and is that being scrutinized by USCIS more than before?

If a married couple on L1 visas both comes in to work in the US and one loses their job - can that person switch to the dependent visa, then back to the L1 visa when they find a job? Would the green card wait be reset then?

What's the typical timeline and cost for sponsoring an H-1B vs. EB-3 vs. other visa categories?

What were some notable differences between H-1B before and after the fee?

What are the chances of getting back a green card after being out of the country for 4 years? My partner left with the intention to come back soon after, bought a house there as well just before leaving, but then couldn't come back more than a couple of weeks a year for 3 years, and then not at all for the past 4 years.

We're thinking to move back to the US at some point, so having a green card would be the royal road.

Thanks!

Do visa holders have to register for military drafts?

What are the downsides to having a greencard?

What is the average time for getting and L2S visa? Is it mandatory to get EAD to get a job?

How easy is it for canadians with Tn-1 visas these days?

Is there a guideline how much time can one take for moving after getting a green card? Should one count days during the first year to not run into problems or is this more second year and onwards?

There does not seem to be much information about this besides very vague statements.

Do you see a changing trend in number applications, accepted ones or visa cancellations ?

how much time do you spend per case? do you field calls from clients or is it a pretty hands-off, turn-key process?

My partner is a refugee due to her former homeland making her a political prisoner for advocating for democracy on the internet. Her green card was approved in 2023 and she’s been here since 2017. She works full time and has no criminal record (and doesn’t engage in activities to cause a change there).

We are not married, though that could change eif it offers meaningful protection for her. I’m a white guy born in USA. How paranoid is “reasonable” for a guy who predicted that the USA would become a fascist state in my lifetime two years ago and yet has been surprised how rapidly it’s coming true? Any advice? Thank you.

Not sure if this is on topic, but:

Around 2014-2020 I feel like there were lots of companies hiring worldwide online remote.

In the last couple years it seems like the tides moved way back out, and companies are terrified of hiring remote contractors. My impression is that it seems mostly about misclassification risks, but maybe there's another part I haven't seen.

1. Is this a real risk? I've looked it up in a few areas but AFAICT misclassification is strictly about same country relations. I know there's some edge cases (like if a foreign worker isn't actually residing outside the country...) but IIUC the laws are mostly to protect the employees and government from bad companies, so as long as the company doesn't try to do that it's not an issue. The bindings of international contracts are limited and both sides know about that.

2. Is this a real trend? Do you have any idea where it comes from? My gut feeling is that Remote.io and Deel who are in this business are spreading FUD because they're in the business of selling protection. I've heard of multiple companies rejecting candidates with like "Oh Deel doesn't have a contract for your country so we can't hire you" etc. But maybe there was some big case that put everyone on their toes?

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What is the most evil thing you’ve done as a lawyer? What is the most evil thing you’ve done for YC?

Do you believe skilled immigration is overall detriment or increment to the American economy?