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

Is there any path for a founder from Canada to move to the US by being employed by their company under a TN visa - especially if they don't believe they can prove O1 requirements? Why is the O1 preferred (other than permanence)?

Hi Peter,

Could you shed some light about what kind of profile could apply for (and get) an O1 visa? Specifically, if I have a tech company set up in the US that's pulling some decent revenue, is it worth applying for an O1? What other circumstances come into play against/in favor of this?

I've seen a lot of advisors and "influencers" all over the web saying that it's "easy". I don't think that's the case because nothing in US immigration is easy, unless your net worth is like 9 figures, maybe; but if it's not that far-fetched I may consider applying for one.

Alternatively, could one sponsor its own H1B visa? I guess the actual underlying question is: if I'm an entrepreneur with a real, solid company based in the US (but I'm not in the US and not a US citizen), what is the best way for me to move there and keep working at my company?

Hi Peter! I am an ML postdoc with ~200 citations and a few papers at top ML conferences. I would like to apply for the EB2-NIW and I am wondering if it is really necessary to go through a lawyer. I have heard from a few people online who have wrote the petition themself, but from what I have gathered, most people go through lawyers. What would you recommend? Thank you.

Hi Peter! You did my E3 visa a while back. When I was standing in line at the US consulate in Sydney, the person in front of me was really nervous, visibly shaking. I saw that their papers had your letterhead, so I was able to calm them down a bit by showing them my papers, which also had your letterhead.

Thanks for all your hard work!

I wouldn't characterize an O-1 as easy but it's often within reach of talented professionals, particularly founders. At the end of the day, the issue is less about the quality of the evidence - although that matters - and more about the existence of evidence that checks at least 3 boxes/criteria. And now, with the recent public announcements from the Administration, O-1 petitions with an AI component have an even greater chance of approval.