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

Hacker News Discussion ↗

Business & Visitor Visas (B‑1, ESTA, Short-Term Training)

  • Having an old, largely inactive Delaware LLC doesn’t really help with getting a B‑1/B‑2; visa eligibility is separate from the entity.
  • For short training trips from visa-waiver countries, several comments favor using ESTA rather than risking a B‑1 denial, as both are “business visitor” entries but ESTA has a hard 90‑day cap.
  • Confusion about C‑1/D is clarified: C is for brief transit and D for crew; most business visitors don’t need them.

H‑1B, O‑1, and Skilled Worker Pathways

  • The new $100K H‑1B fee is reported to have mostly stopped H‑1Bs for workers outside the US (when petitions are filed for consular processing). Inside the US, change‑of‑status filings generally avoid it.
  • Foreign students (F‑1) can still move to H‑1B; the key is structuring as change of status.
  • Green cards for H‑1Bs remain possible but are described as generally harder, especially via NIW and Extraordinary Ability.
  • Some concern that USCIS may be starting to treat people as “out of status” even while timely O‑1 change‑of‑status petitions are pending.
  • There’s discussion that EB‑1A adjudication remains highly subjective; court deference changes (Chevron, Auer) may not significantly alter that in practice.

Social Media, Devices, and Border Screening

  • Social media is increasingly reviewed by consulates, CBP, and USCIS, including for work and green card cases. Applicants can be asked to make accounts public; refusal can have consequences.
  • Focus isn’t only on political criticism; also on immigration violations and support for terrorism.
  • Debate on whether “I don’t use social media” is safe, and what counts as social media; US forms include an expansive list (even paste sites).
  • Border device searches: non‑citizens who refuse to unlock devices can be denied entry; citizens/green card holders can’t be barred but may still be detained or heavily inconvenienced.
  • Many recommend burner or wiped devices, but others warn about sophisticated malware, and emphasize the gap between formal rights and what border agencies may actually do.

Enforcement Climate, Naturalization, and Speech

  • N‑400 and green card adjudications are said to be tougher, with less “flexibility” on criminal issues and long absences, and longer processing times.
  • Some posters report or cite stories of ICE arrests at or after green card interviews, and argue that statutory “forgiveness” for spouses doesn’t always prevent harsh enforcement.
  • Green card holders are advised to be more aware that critical speech or travel to certain countries can trigger aggressive questioning, even if it’s not per se disqualifying.

Status-Specific Work & Startups (TN, H‑1B, F‑1)

  • TN holders generally can’t do side gigs or creative work in the US, even unpaid, if it’s work someone could be paid for; doing it abroad and getting paid from abroad is treated differently.
  • Concurrent employment (e.g., second TN or H‑1B) is possible, but self‑employment and founder roles are tightly constrained by status rules. Equity‑only involvement still risks being seen as unauthorized work.
  • F‑1 and H‑1B founders face “chicken‑and‑egg” issues: startups often can’t pay market wages early, but visas require bona fide employment; multiple posters see this as a structural bias toward large employers.

Green Cards, Travel, and Long Absences

  • A reentry permit, once approved, can cover up to a year‑plus absence, but naturalization eligibility may still argue for returning within a year.
  • Being outside the US for ~2 years without a reentry permit risks a finding of green card abandonment; a returning resident visa may still be possible depending on reasons for the absence.
  • Marriage‑based green cards for those in nonimmigrant status (including TN) are common; timing and “intent at entry” (especially within 90 days) are emphasized as key issues.
  • Bringing spouses on tourist visas with a pre‑planned intent to adjust status is flagged as potential fraud, though visiting while waiting for consular processing can be acceptable.

Policy Debates and Reform Ideas

  • Suggested reforms include: digitizing processes, recapturing unused green cards, abolishing per‑country caps, premium processing for work/travel authorization, and changing some family and lottery programs.
  • There’s sharp debate over abolishing per‑country caps: proponents see country-based limits as discriminatory; opponents fear decade‑plus waits for all countries and argue Congress has little incentive to fix it.
  • Some view Congress’s paralysis and executive overreach as the core cause of dysfunction; others are skeptical any reform won’t worsen backlogs.

Miscellaneous Points

  • E‑1 treaty trader visas typically require at least low six‑figure annual trade volume, though no fixed minimum exists in law.
  • AI is said to have limited impact on day‑to‑day immigration practice so far, beyond easier drafting of reference letters.
  • Some naturalized or adopted citizens of color are considering always carrying proof of citizenship (passport, naturalization certificate) because of perceived enforcement risks.