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

Hacker News Discussion ↗

An immigration attorney fields hundreds of questions from founders, tech workers, and students on how to live and work in the U.S., highlighting just how complex and fragmented the system has become. Topics range from startup-friendly visas (O‑1, E‑2, TN, etc.) and self-sponsorship routes (EB‑1/EB‑2 NIW, EB‑5) to practical constraints on side projects, remote work, and travel while on F‑1, H‑1B, L‑1 and other statuses. The exchange underscores common misconceptions, long processing times, and the importance of case-specific strategy over one-size-fits-all advice.

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.