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

Hacker News Discussion ↗

Work visas, green cards, and layoffs

  • Many questions about H‑1B, L‑1, O‑1, E‑2/E‑3, TN, EB‑1/2/3, NIW, and EB‑5.
  • Layoffs on L‑1/H‑1B: 60‑day grace is critical; if no I‑485 filed yet, PERM/I‑140 progress usually can’t be salvaged without new status. Options: new work visa (often O‑1) or change to B‑2.
  • PERM green cards remain slow and fragile for early‑stage startups: “ability to pay” and employee equity >5% can complicate things.
  • EB employment quotas and per‑country caps drive extreme backlogs, especially for India/China; EB‑1A final merits stage is described as highly subjective.
  • O‑1: education is not required; evidence of extraordinary ability and company/founder reputation is key. Recent policy about founders self‑petitioning mostly formalizes existing practice.
  • E‑2: typically needs ~US$100k at risk; treaty nationality of investor/fund matters.
  • Canadians on TN and Australians on E‑3 can pursue green cards but must manage non‑immigrant intent (especially around renewals and travel).
  • Some discussion of using one’s own startup to file H‑1B/EB‑5‑linked strategies; rules have recently relaxed somewhat but need careful structuring.

Border entry, CBP behavior, and device searches

  • Multiple reports of CBP being more aggressive: more questions, secondary inspection, device searches, detentions, occasional bans.
  • Preclearance in Canada is seen as safer by some because Canadian law still applies; withdrawal of application to enter is possible but can trigger future visa questions.
  • Strategies discussed: burner phones, factory resets, minimal local data, backing up to the cloud. Tradeoff between privacy and risk of denial if refusing to unlock devices.
  • Some commenters see media coverage as fear‑mongering given low statistical rates of device searches; others share severe negative experiences and view CBP as abusive and unaccountable.

Canadians, visitors, and documentation

  • Canadians are visa‑exempt but face more frequent re‑assessment of admissibility.
  • For B‑1 business visits, recommended to carry proof of ties/home (lease, foreign pay stubs), and purpose (conference info, invitation letters).
  • TN specifics:
    • Promotions generally fine if core duties stay within the original profession.
    • Application‑form questions on “authorized to work” and “sponsorship” are legally answered as “No / Yes,” even though this may get candidates filtered out.
    • Early‑stage US entities can sponsor TNs if documentation is solid.

Students and OPT

  • F‑1 travel: schools are warning some students not to leave due to silent status cancellations, but getting a travel‑endorsed I‑20 should surface problems in advance.
  • STEM OPT F‑1 renewals abroad are possible but risky given consular scrutiny of immigrant intent; good preparation for interviews is advised.
  • USCIS “expedites” exist but job offers in AI etc. rarely meet criteria.

Green card holders and citizens

  • Green card holders are generally advised that travel is still OK; carrying proof of residence (lease/deed) may reduce friction.
  • Re‑entry permits (I‑131) can help LPRs who plan to live abroad for a period, but true abandonment of US residence will ultimately cost the card.
  • Naturalized citizens with minor past status issues/overstays are very unlikely to be targeted retroactively; a valid US passport is normally sufficient proof of citizenship.
  • Correcting passport data errors (e.g., birthplace) has defined State Department procedures and is considered fixable.

Systemic issues and politics

  • Several comments highlight structural problems: low numerical caps, per‑country limits, 12–24‑month processing times, heavy reliance on paper filings, and the H‑1B lottery’s disconnect from merit.
  • Debate over whether the US still meaningfully operates under “rule of law” vs “rule by law,” with concerns about arbitrary border enforcement, asylum handling, and political use of immigration.
  • Others push back, arguing many horror stories are rare edge cases amplified by media, and that most routine travel and employment‑based immigration still works if well documented and lawyer‑guided.

Practice and tools

  • Immigration practitioners report growing use of AI/LLMs to draft arguments and documents, but emphasize that strategy, evidence selection, and final review remain human‑critical.