I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
- Thank you again for all the interesting questions and comments. I will be logging off now but checking in again tomorrow for any unanswered questions. Have a great weekend.
by jacobmartinez3d
3 subcomments
- I am a native citizen currently watching my first child grow up without me while my wife waits in line for her nearly 2-year-long immigration process. Every attempt to expedite her processing has been denied, even during Typhoons where she loses power and access to hospitals. I feel forgotten, and cast aside by the system - like my family situation is inconsequential and undeserving.
Is there really nothing native citizens like me can do to get our family here outside waiting in a generic line with everyone else in the world?
by miotintherain
6 subcomments
- Hi Peter, thanks for the AMA!
I work for an American company and I am based in Europe. I visit the US for work every now and then. I heard a lot of horror stories regarding border entries. If I am ever in a situation where the border police asks for access to my personal phone and pin code, what are my options? Can I refuse and what happens then?
by rhosseinzadeh
1 subcomments
- Hi and thanks for doing this.
I went through CBP twice in the span of 20 hours. I was granted entry once and denied the second time. The second time, I had to sign some electronic pad and later a form (I-275) was given to me. Did I have the option not to sign? And is this contradictory decision in span of 20 hours legally OK?
Below are some more details:
At Toronto Pearson (Terminal 3) on December 1-2, 2025, I went through CBP twice and the first time I was granted entry and second time denied. I am a dual Canadian-Iranian citizen. On day one I was given a detailed biographical form, questioned repeatedly about my purpose of travel (Conference), employment, etc and especially about any Iranian military service. I provided old passports and a university transcript showing that I have not been in Iran since 2019 and prior to that I was studying in the university. They also explicitly questioned me about a prior incident in which Canadian police claimed an explosive trace ("Tetryl") on me, which I disputed as an error. CBP took my belongings (backpack, watch, wallet, phone), conducted a body inspection in another room (through search, hands inside my pants followed by groin search) took my fingerprints multiple times and took my phone after requiring the pass code and it was out of my possession for about an hour. After several hours they told me I was "negative" but by then my flight had departed. I was given only a piece of paper with CBP stamp. Since there was no flight for my airline for the rest of the day, I was brought back to the Canadian side. The day after, I went through CBP again and when I showed them their paper with stamp I was told "we are not going to take your word for it" and the full process happened again (although no body check or phone check this time). A different officer then stated that my documents were not sufficient to prove I had not done military service in Iran and that I now needed an official exemption letter or something similar from Iranian authorities. He added that I should have been "advised differently" the night before. Finally, my picture was taken and I was asked to sign on a pad twice. Only afterward did they print and hand me a form (I-275) showing a withdrawal of my application. I was escorted back to the Canadian side. Did I have the option not to sign? If in future I decide to visit US is this going to be held against me? I can provide more details or the form if necessary.
- Could you please help with any insights about the social media vetting rules? This has been a blackbox to the visa applications - started with student visas, now being forced on work visas too from Dec 15th.
by garbawarb
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- A question about TN status for a Canadian living in the US. There are some income-generating things I'd like to do outside of my work visa (play a music gig, upload music to Spotify, act in a movie). My understanding is that I can't do these things in the US. Am I able to do these things if I do them outside of the country, or is there any way to make them work? For example, if I went to Canada, recorded an album, uploaded it, then came back to the US.
by pain_perdu
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- I moved to the USA in 2016 thanks to Peters help and every successful interaction I have had with USCIS since then has been because of his sage advice. You will not find a more knowledgeable or kind adviser than Peter.
- How has the Section 174 elimination of 5-year amortization for domestic SWE salaries impacted decisionmaking on whether to hire overseas?
Since overseas workers are still subject to 15-year amortizations I'm wondering if people are getting pulled in from Canada.
by clumsydude
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- In October, the state department introduced a new policy:
> Applicants for U.S. nonimmigrant visas (NIV) should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence
> Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency.
What sort of proof is required to demonstrate residence? What about cases where an applicant legally has residency in a particular country (e.g. PR card or work visa) but in practice lives in the US as an H-1B/TN/L-1/O-1/etc. worker or H-4/TD/L-2/O-3/etc. dependant? Especially for the dual intent visas?
- Hey Peter, I’m an F1 visa student and I’m trying to found a company with two Americans while being an Indian citizen. I plan on taking significant equity and will be part of the cofounders. Are there any significant hurdles that I should be on the lookout for here? I’d like to sign the founders agreement and found the company while I’m still pursuing my education but I’m not sure whether my visa status would throw any wrenches here.
by lackstein
2 subcomments
- Hi Peter, thanks for the AMA!
I'm currently living in the US on TN status and am married to an American. Have you heard of anyone on TN status having difficulty applying for a green card? And do you have any sense of what the wait times currently are, particularly how long until you can get a travel authorization?
- I've got friends who tell me they'd never consider applying for YC because they are on a classic H1B with a tech company. What typically happens with folks on a H1B who make it into YC?
by onetimeusename
2 subcomments
- Is there a way for someone on h1B to start a company in a roundabout way by doing something like placing company shares into a trust and having a unpaid board seat? Is that pushing luck? Not for me but a friend who I had plans to go into business with but we're facing a chicken or egg problem until she gets a green card or changes her visa status.
- Hi Peter, have you been seeing either a slowdown or increased denial rates to N-400 applications (5 year rule)? Just curious if it's more or less business as usual or if there is any impact on N-400 applications (we've heard of the neighborhood checks etc.) Thank you!
- I have recently taken a job with an American based company and will need to complete a few weeks training in Miami. Based on the information they have given me I need a B1 visa and maybe an ESTA since I'm in the UK, and a C-1/D for moving through the US.
However they keep flip flopping between me needing a B1 and me just using my ESTA for the training, and their communication hasn't been the most straight forward. Which visa do I need to get to enter the US for the training?
- Thanks for having another round?
In your view, who are the winners and losers of the recent H1B changes? And any changes on your perspective for YC harboring international talent in SF Bay Area?
by USMCAThrowAway
1 subcomments
- I've asked this question in a few places but never gotten an answer.
A TN visa/status holder that applies for a EB Green Card by filing form I-485 is considered to have shown immigrant intent and will no longer be granted TN status in the future.
Is this bar permanent or would an applicant who failed to obtain a Green Card or surrendered it in the future be able to seek TN visa/status provided they could prove strong links to Mexico/Canada?
- Suppose you could wave a magic wand and change US immigration law in any way you like. What changes would you make?
- What if you have deleted social media accounts? It's possible to state that you had them with whatever identifiers, but do you have to prove their existence in some way so they can check an archive (assuming it was Twitter)?
- Hi Peter, thanks as always. It seems that i-131 Reentry Permit processing times are greater than 12 months these days.
If an i-131 is pending, would you advise that person to return briefly to USA before their 1 year date of exit (ensuring that they are never out of USA for greater than 1 year prior to approved i-131)?
Or does a reentry permit allow them to remain out of country for longer than that even if pending (presuming it gets approved)?
- Thanks for the AMA Peter!
What impacts are you seeing as a result of the $100K H-1B fee which took effect on 9/21/25?
by sjtgraham
1 subcomments
- How does the Supreme Court’s elimination of Chevron deference affect USCIS’s ability to narrowly interpret the EB-1A regulatory framework, particularly at Step 1 of the Kazarian analysis? I am specifically interested in two areas: (1) whether, under a strict textual reading of the judging the work of others criterion in 8 C.F.R. § 204.5(h)(3), participation in code review where the beneficiary evaluates and approves the technical work of others in the same field should qualify without USCIS applying extra regulatory limitations, and (2) whether USCIS can continue using its historically restrictive approach to comparable evidence under 8 C.F.R. § 204.5(h)(4) now that courts are no longer required to defer to agency interpretations. I understand that even if these issues favor the petitioner at Step 1 they may not change the outcome of the final merits determination under Step 2, and I am trying to determine how a post Chevron, strictly textual approach might influence Step 1 outcomes for petitioners whose achievements do not align neatly with the ten listed criteria.
by benzesandbetter
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- Hi Peter, thanks for doing this AMA!
I'm a US citizen and my girlfriend is Iranian. She's been in the states for 7 years, first on a student visa then applied for her green card 1.5 yrs ago on NIW, currently "pending status change".
She's a jeweler and metal artist and owns a jewelry brand in the US. Never had any legal problems in the US, and nothing in her background of social media that would be a detriment to her review process.
Curious about your thoughts on the outlook for green card processing for Iranian citizens in general, given the administration's recent movements.
In her specific situation, would marriage provide a more robust chance of having her GC application approved? Is it even possible to re-apply for the GC while she's in the current "pending status change" state?
- I know this is a general question, but:
Assuming a US startup is considering engineering hires outside the United States, how does one currently assess the likelihood of getting them a visa to work in the USA? And what timeline and cost would be involved?
- My H-1B with my current employer expires on Jan 10, 2026 and can’t be extended because I don’t have an I-140. Another startup plans to file my O-1A at the end of December. Can I remain in the U.S. while the O-1A petition is pending?
by constructive
3 subcomments
- Hi Peter, thanks for doing the AMA!
I have a Delaware registered LLC (10 years old), I managed to get even an EIN remotely.
However, I can't open a bank account remotely and so I have just been paying the registered agent fees and Delaware gov taxes for the LLC all these years.
I however, genuinely want to come to the states to open the bank account and actually expand my business into the US.
The LLC hasn't really had any annual meetings/etc. but taxes are always paid on time. How do I use my LLC to apply for a B1/B2 to visit the US?
OR should I just close it and try the normal route? Thanks in advance!
by EarthAmbassador
2 subcomments
- This question arises from the current regime's efforts to reverse naturalization.
For anyone who has one US citizen parent and one non-citizen parent, where the citizen parent has passed before the child applicant for naturalization reaches 18 years of age, resulting in the applicant applying for and receiving naturalization as an adult, can that same currently naturalized citizen also obtain natural born citizenship status through the deceased citizen parent and would it be advisable?
by kingstoned
1 subcomments
- How easily can one get E1 treaty trader visa and what volume and quantity of trade are recommended? If I have a company registered in my home country (eligible country) and have payouts from a US provider like an advertising network, affiliate provider or some marketplace etc. and my clients are all US companies, can I apply for that visa? Would a low six figure yearly revenue with monthly payout be sufficient for that?
- Hi Peter, thanks for your time :)
I am planning to move to San Francisco to join the startup ecosystem. Regarding the H-1B visa, what does the current process and timeline look like for a new applicant? Given the lottery constraints, are there specific 'red flags' or common mistakes I should avoid when looking for a sponsor?
- How serious is/was this whole $100k for H1-B applications? How has this impacted the hiring process?
by sombragris
2 subcomments
- Someone studied in the US under a F1 visa and a scholarship. No other substantial income other than that. This person while in the U.S. had to file tax forms, although there was no tax to be paid because this person had no income outside the scholarships. The student finished the studies in, say, October last year and then left the country for his home country. The student graduated and does not intend to return to the U.S.
The educational institution sent the student's home address some tax form that he had to file by April 15, but the former student forgot to do that.
The question is: would the student have problems getting a U.S. visa as a tourist and entering the U.S. several years after that? If yes, how could that be fixed? Thanks in advance.
by anonimmigrant1
1 subcomments
- Hi Peter, I have a valid h1b visa stamp till 2027 but when my new employer filed for my H1B from outside the US I got an RFE for the 100k. The company lawyers are arguing against fee payment since I has a valid H1B visa stamp. What are my chances of denial?
- Is there clarity right now around foreign students attempting to obtain h1bs in the future?
- hey peter, Im on an h1b visa (year 10, have approved i140 and pending gc application). Ive never done an h1b stamping as I was paranoid about being denied. Will doing the stamping now trigger the 100k h1b fee?
- I have worked in the US on an L1B converted to H1B visa for about 5 years, left for Europe in 2021. Including the time I was absent from US soil while employed on an H1B and the time I had remaining on it before I left, I would be able to recapture about 18 months for an extension. Can I now return to work for a US company again if they hired me and would they be subjected to the $100k fee?
by loxodrome
1 subcomments
- Can a US citizen with a foreign spouse bring the spouse to the US on a tourist VISA and adjust status? What if they already filed the i-130 with consular processing?
- Hi Peter, founder of a YC startup here. My startup got acquired and I now have a new O1 visa but in my indian passport I still have the old O1 visa stamped. I’ve now traveled internationally. Can I enter the US with my old visa? Asking because the waiting times to get the new visa stamped are ridiculously long. Thank you for your time!
by garbawarb
1 subcomments
- I'm living in the US on TN status and I'm interested in starting a startup, a subscription-based mobile app. But I have a pending PERM application and leaving my company would mean abandoning the whole thing, which I'm not eager to do. Is there any legal way I could start a startup without having to do that?
- Thanks for the AMA Peter!
Do you think there are risks involved with leaving (and hence returning to) the country on a Green Card?
- Have you handled cases/seen outcomes of self employed founders' H1B applications under the new rule?
- dear Peter Roberts, your responses have been super helpful. I'm a unlucky position of losing esta for smoking weed once in New York. looking into waiver of inadmissible as you recommended should I get I writing from a therapist before or after o1 application?
should it be d3 or i601?
- What's the best way for a lawyer more familiar with other parts of the law to break into immigration?
- Should individuals on a green card be concerned about anything, such as criticizing this administration?
by swatson741
1 subcomments
- How has AI impacted your profession?
- Thank you for all your questions and comments. I'll be taking take a short break.
- I have green card and last time I left is 2 years ago, How can I return back to the US?
by OsrsNeedsf2P
1 subcomments
- Is it normal for incubators to ask founding engineers to come over on tourist visas?
by RecursionSucks
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- Is it still a good idea to apply for global entry while on H1B? Are there any repercussions if a global entry application is denied for whatever reason?
- Has the current administration made it harder to qualify for an o1 visa?
by germandiago
0 subcomment
- Hello Mr. Peter,
A few I registered a company in Delaware as a foreign company for SaaS business.
I have been unable to complete an organization certificate for my website.
Unfortunately I could not get one since my legal phone is not the way to reach me and they tell me that they cannot change that phone to reach me according to my legal representatives in Delaware.
I need some kind of certificate of good standing or being able to have a verifiable phone and/or email to reach me in a "reliable" way from a third party source.
How could I proceed for this, since I am not knowledgeable of the law in Delaware. Probably I need an attorney and I would be happy if I can be recommended one that could emit such verification.
- Thanks for answering questions!
Do you think H1B visa holders looking to move to a Green Card (in coordination with their employer) should be concerned about rejected applications or other issues?
- Can I get an H1b for just 10hr/week like a part time job and be valid status in the US?
- Can a person on a nonimmigrant visa file for patent unrelated to the employer?
- We are in the Nordics. Do we stand a chance at PR or citizenship in the US?
by canucktrash669
3 subcomments
- Hi Peter, let's play hypotheticals. USMCA (CUSMA) is dead, Trump actually acted on his threat and the US left the treaty.
I assume it means TN visas are dead in six months if the written notice clause is respected.
Is the zombie CUSFTA now out of dormancy? Can we now use the TC visa?
If CUSFTA dies as well, what are the other options and how long does it take to process?
by final_aeon
0 subcomment
- Hello sir, my question is: What do you think of the trump admin?
- What should i keep in mind if i move to sf from India?
- Are you noticing any contraction (or increase) of immigration?
by aryanchaurasia
1 subcomments
- What if I am selected in YC but i don't have us visa?
- Anything notable about Ukrainians? Especially since Trump's inauguration?
- How do you feel about the world?
by joshdavham
0 subcomment
- You've stated in a previous comment that non-US citizens can be denied entry to the United States if border officers request access to your phone and you decline to do so.
... but what about when non-US citizens leave the US?
For example, as a Canadian, if I'm down in the US and, on my way back up to Canada, a US border officer requests access to my phone and I decline... what happens then?
- Just a high level question. My youngest son was adopted. He isn't white. He is naturalized. Should we go ahead and renew his passport so he can carry around a passport card at this point(we never got one in the past because they seemed like a waste). It seems crazy but with people being grabbed off the street for being brown, it seems prudent have a quick way to prove citizenship.
- Hi Peter, thank you for doing this AMA.
How can an European Senior SWE land a job, let’s say, SF and have some kind of guarantee regarding the visa before flying into the US.
The 100K cost for the H-1B is so absurd that it crushes any hope of me ever participating in Silicon Valley or any other tech hub in the US. Is the tech alive or are companies just relocating to EU/others?
by anataylorcouger
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by subtlestorm
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- How does Extra Ordinary O1 visa scam work ? I have seen Facebook ads from
attorneys running ads for
H1Bs to O1 touting 95% “success rate”
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by RedRaven7
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by jonathanstrange
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- What do you consider the probability that there will ever be free elections in the US again? Please answer with a value between 0 and 1.