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

Hacker News Discussion ↗

Green card & self-sponsorship paths

  • Beyond F1 → H‑1B → EB‑3, options discussed include:
    • EB‑5 investor green card (large investment + fees; rural/priority projects can be relatively fast).
    • EB‑2 NIW and EB‑1A/EB‑1B for strong researchers/founders; often viable for PhD students and many tech/bio folks with solid records.
    • Marriage to a US citizen, family sponsorship, or employer‑sponsored EB‑2/EB‑3 from cap‑exempt institutions.
  • Small companies can sponsor green cards if they can prove ability to pay; size itself isn’t the main issue.

Students, OPT/STEM, and founders

  • F‑1 students must be very cautious about “working” for their own startups while in school; CPT/OPT can sometimes be structured but are constrained.
  • Post‑graduation OPT/STEM: self‑employment and solo startups are often possible; on STEM OPT, schools focus on having a genuine supervisor/mentor relationship.
  • Starting a US C‑corp from abroad (Stripe Atlas/doola, etc.) is common and usually not an immigration problem by itself.

Work vs. visitor status (B‑1/B‑2, ESTA)

  • Repeated theme: you cannot legally “work” while physically in the US on B‑1/B‑2/ESTA, even for non‑US employers.
  • “Business” is limited to meetings, conferences, training, contract negotiation, etc.
  • Multiple anecdotes of people being grilled or even banned at the border for admitting offsite coding or remote work; others report lax treatment. Thread consensus: legality is strict; enforcement is inconsistent.
  • Remote work for US companies from outside the US generally needs no US immigration status.

Employment visas & job mobility

  • H‑1B: companies of almost any size can sponsor if properly set up; lottery is a major bottleneck.
  • Cap‑exempt H‑1Bs (universities, research nonprofits) can be combined with concurrent cap‑subject H‑1Bs or used in creative structures.
  • L‑1 holders are tied to their employer; not transferable to unrelated startups.
  • TN, E‑3, and some H‑1B cases can be based on degree‑equivalency via experience.
  • E‑3 and TN don’t bar pursuing green cards, but travel can be tricky while adjusting status.

O‑1, EB‑1/NIW, and “extraordinary ability”

  • Standards for O‑1 and EB‑2 NIW are described as lower/more flexible than many assume.
  • Evidence can include publications, citations, conference talks, judging hackathons, open‑source impact, selective memberships, and major company roles.
  • Open‑source leadership and core‑maintainer roles are seen as strong evidence.

Founders & investor visas

  • Common founder paths: O‑1, E‑1/E‑2 treaty investor, L‑1 for overseas subsidiaries, and EB‑1/NIW green cards.
  • E‑2 viewed as the de facto “entrepreneur visa” but requires a “substantial” investment (often ≈$100k+) and a plan to hire US workers.
  • EB‑5 is viable but expensive; many comments highlight heavy fees and intermediaries.

System delays, policy, and lived experience

  • Multiple reports of very long PERM and I‑485 processing times; timelines have worsened in recent years.
  • Some see modest pro‑tech efforts under the current administration but little structural reform.
  • Several note emotional stress of status precarity; one explicitly asks about therapists familiar with immigration anxiety.
  • Debate over desirability of moving to the US: some emphasize higher pay and opportunity; others prefer Europe or elsewhere despite US tech hubs.