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

Hacker News Discussion ↗

An immigration attorney who works extensively with U.S. startups and accelerator-backed founders answers questions on work visas, green cards, and cross-border hiring. Topics range from H‑1B, O‑1, L‑1, E‑2/E‑3, and country-specific visas to issues like founding a startup on a visa, remote work from abroad, and long green card backlogs for Indians and Chinese. Participants also explore how policy shifts under different administrations have affected legal immigration, and what future changes might mean for tech workers and companies.

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.