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

Hacker News Discussion ↗

Startup & Founder Immigration

  • Startups can generally sponsor visas like H‑1B, O‑1, E‑2/E‑1, L‑1, and country‑specific visas (E‑3, H‑1B1, TN) similarly to large companies.
  • Founders on H‑1B: workable if they hold <50% equity and have a real employer–employee relationship; majority ownership is “extremely challenging.”
  • Common founder paths:
    • O‑1 for “extraordinary ability,” often later leading to EB‑1A or EB‑2 NIW.
    • E‑2/E‑1 for treaty‑country founders investing substantial funds or conducting substantial trade.
    • L‑1 after working abroad for an affiliated entity for 1+ year.
    • International Entrepreneur Rule exists but is slow and intrusive for investors.

Work Visas & Green Cards

  • Typical “algorithm” for employers: L‑1 if there’s a foreign affiliate; if not, special country visas (E‑3, TN, etc.), then H‑1B change of employer if already cap‑counted; if not, consider O‑1.
  • E‑3 (Australians) and H‑1B1 (Singapore/Chile) described as cheap, fast, and outside the H‑1B lottery but still require sponsorship.
  • EB‑2 NIW is not employer‑tied; PERM‑based EB‑2/EB‑3 are.
  • Indian EB‑2/EB‑3 queues are called “an unmitigated disaster”; EB‑1 (esp. via L‑1A/EB‑1C) or marriage seen as the only realistic relief.
  • Starting a green card process early has little downside and can be a backup if H‑1B lottery fails.

Marriage, Family & Status Changes

  • Marriage‑based green cards generally faster than employment‑based once a spouse is a US citizen.
  • Entering on a tourist visa with intent to marry/adjust is legally risky; fiancé (K‑1) or consular spousal routes are safer but slow.
  • Some debate the gap between “theoretical fraud” and practical enforcement, but caution is advised.
  • J‑1 two‑year home residency: only alternatives are hardship/no‑objection waivers or satisfying the requirement.

Remote & Cross‑Border Work

  • US immigration law generally does not apply to people working for US companies while physically abroad; issues are tax/payroll and local labor law.
  • Employer‑of‑record services (e.g., Deel) or setting up local entities are common solutions.
  • Mixed work (e.g., Canadians splitting time between US and Canada) is often visa‑permissible but raises tax complexity.

Country‑Specific Obstacles

  • Russian nationals face high denial rates and long “administrative processing” across visa types; even strong business or O‑1 cases can stall.
  • For Russians, being already in the US and changing status can avoid consular black‑hole issues.

Policy & Politics / H‑1B Debate

  • Prior Trump policies increased denials, removed deference on extensions, and tightened standards; many expect a second term to ramp this up.
  • Some propose salary‑based H‑1B allocation; others argue it skews to rich sectors/regions and is gameable (shell companies, fake high salaries).
  • Several commenters argue H‑1B is used to suppress wages and facilitate offshoring; others counter that prevailing wage rules exist but may be too low or easily gamed.
  • Broader normative clash: protecting domestic workers vs. maintaining a high‑skill immigrant pipeline that has historically produced many major companies.