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

Hacker News Discussion ↗

Visa options for workers and founders

  • Common employment options mentioned: H‑1B, O‑1, L‑1, E‑1/E‑2, TN (for Canadians/Mexicans), and E‑3 (for Australians). Choice depends heavily on nationality, qualifications, type of work, and whether you’re founding your own company.
  • Founders can often incorporate and raise money while in visitor status (or on another visa), as long as they avoid “productive work for compensation.” Activities like fundraising, meetings, hiring, and incorporating are generally seen as permissible but the line is gray.
  • For solo or cofounder‑founders, structures such as boards that can “fire” the founder are used to satisfy H‑1B/O‑1 employer–employee rules. E‑2 is highlighted as a good fit for Canadian and other treaty‑country founders who can invest and hire U.S. workers.
  • Australians are often steered first to E‑3; Canadians to TN/E‑2/O‑1; experienced scientists and executives to O‑1 or EB‑1 paths.

Working, side projects, and digital nomads

  • On most work visas (H‑1B, TN, E‑3), you’re only authorized to work for the sponsoring employer. Side consulting, streaming, or active work in your own U.S. company is generally not allowed unless separately authorized.
  • F‑1 students on OPT/STEM‑OPT can sometimes work for their own startup if structured correctly, but schools vary widely; lawyers often advise students before talking to DSOs.
  • Short, incidental remote work for a foreign employer while visiting the U.S. (e.g., brief Zoom calls on a vacation) is described as tolerated if the trip is truly a visit, not de‑facto residence.

Green cards, backlogs, and status changes

  • Indian EB‑2/EB‑3 backlogs are described as catastrophic: only ~7,500 visas/year per category versus huge demand, leading to projected waits of decades for many.
  • Marriage‑based green cards are still relatively fast but expected to slow as in‑person interviews return.
  • Reentry permits can let green‑card holders live abroad for up to ~5 years cumulatively, after which intent to reside in the U.S. is scrutinized.
  • Laid‑off H‑1Bs are often advised to file B‑1/B‑2 or H‑4 changes of status to preserve the ability to transfer H‑1B later without re‑entering the lottery.

Denaturalization, First Amendment, and enforcement climate

  • Commenters debate how broad denaturalization statutes really are: some emphasize aggressive interpretations of “material misrepresentation”; others cite Supreme Court precedent narrowing causality.
  • There is clear anxiety that an administration could weaponize vague “good moral character” standards and past form errors to revoke citizenship or green cards, especially for politically disfavored groups.
  • Several threads recount harsh CBP/ICE behavior at borders, preclearance, and interior checkpoints, including detention of Canadians and Europeans, with disagreement on how “extraordinarily unusual” these cases are versus a new normal.

Policy, fairness, and system design

  • Some worry H‑1B is politically unpopular and may face only “tinkering” rather than structural reform despite economic reliance on foreign workers.
  • Others push back on the “cheap labor” narrative for high‑end tech roles, saying serious employers compete on talent, not rock‑bottom wages.
  • The immigration code is frequently compared to the U.S. tax code: complex, vague, and full of “trap doors.”
  • Several expect AI tools to rapidly automate form‑filling, drafting, and evidentiary assembly, with lawyers focusing more on strategy, risk, and edge cases.