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

Hacker News Discussion ↗

Work authorization & visa pathways

  • For remote work outside the U.S., no U.S. work authorization is needed even if the employer is American.
  • For coming to the U.S., options discussed:
    • O‑1 for “extraordinary ability” (no degree required; criteria-based, not pure “genius”). Cost estimates in the thread range roughly $5–15k, not $100k.
    • H‑1B is easier substantively but constrained by the annual lottery; cap‑exempt roles at universities and research orgs (e.g. Fermilab, NASA) bypass the lottery.
    • Citizenship-specific visas: E‑3 (Australians), TN (Canadians/Mexicans), and others (Chile, Singapore) seen as relatively easy if you have an offer.
    • L‑1 is straightforward via large multinationals after a year abroad; harder but possible for smaller firms.
    • E‑2/E‑1 treaty visas let founders and same‑nationality employees run/build businesses in the U.S.

Green cards, EB categories, and timelines

  • EB‑2 NIW is now backlogged and, in practice, closer in difficulty to EB‑1A; several commenters/answers recommend EB‑1A as the better high‑achiever route.
  • Country of birth, not citizenship, drives EB‑2/EB‑3 queue length; India/China face long waits.
  • Approved I‑140s generally lock in a priority date after 180 days, even if the employer withdraws.
  • H‑1B holders with approved I‑140s can get extensions beyond the 6‑year limit; NIW approval can enable 3‑year extensions.
  • PERM processing is slow but not reportedly more denial‑prone right now; batching recruitment and premium processing can shave some time.

YC and accelerators

  • Attending an accelerator is framed as business activity, not “work,” so B‑1 status is usually appropriate; B‑2 (tourist) is not.
  • Participation can strengthen an O‑1 case but can’t reliably be treated as a qualifying “award” or “membership.”

Enforcement climate, rights, and travel

  • Multiple threads express anxiety about ICE, DHS “revisiting” past green card/citizenship approvals, and denaturalization rhetoric.
  • Advice: carry proof of status (green card or passport+I‑94), know your rights (ACLU resources cited), and have an immigration attorney’s contact.
  • Law technically requires green card holders to carry the card at all times; many don’t, accepting the small legal risk vs. loss/replacement hassle.
  • Some report CBP inspecting devices and social media for green card holders; isolated examples of detention are mentioned.
  • For long stays abroad, reentry permits can protect green card status for years; the 6‑month rule mainly affects naturalization “continuous residence,” not mere LPR validity.

O‑1 criteria and perceived abuse

  • Clarified that O‑1 has A and B subcategories (science/business vs arts/entertainment); entertainers and media figures can qualify.
  • Debate over whether certain podcasters or models should get “extraordinary ability” visas; others counter that the statute explicitly covers such fields and aims to attract high‑impact talent, not only scientists/engineers.
  • Founders can sometimes meet the “high salary or other remuneration” test using equity valued by arm’s‑length fundraising.
  • Premium processing can significantly reduce O‑1 adjudication delays.

Policy, ethics, and labor-market tensions

  • One thread argues H‑1B and other worker programs displace U.S. CS grads; others push back that the comparison mixes entry‑level and senior/specialized roles and that foreign grads face their own structural disadvantages (OPT limits, E‑Verify constraints, high costs).
  • Some commenters criticize “visa as a service” startups and VC behavior as skirting or commoditizing immigration rules.
  • A long political subthread links current immigration crackdowns and denaturalization talk to broader anti‑democratic or “tech bro” political projects; others emphasize still supporting high‑skill immigration while being concerned about citizens’ rights.

Status complications & edge cases

  • Examples discussed: running a startup on H‑1B (nuanced; often requires concurrent H‑1B), transitioning from TPS or J‑1 to F‑1/O‑1, TN for software engineers with CS degrees (some recent CBP friction but still being approved), and green‑card holders living abroad as digital nomads.
  • General pattern: many scenarios are fact‑specific, with repeated advice to get individualized legal consultations rather than rely solely on forum guidance.