I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my responses. Thank you!
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#2Hey, What is the best option for someone working in NL to immigrate to US.
Should I go via H1B route or ?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#3I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#4I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#5With the rising tensions between USA and Canada, what is the second best route (after TN visa) for a Canadian citizen to work in USA?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#6What’s the play for solo founders? I can’t establish a company and work towards funding without an H1B but then at the same time I can’t really afford an H1B without funding.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#7Both Musk and Vivek initially supported H1B, and saw massive backlash in the conservative communities. So much so that Vivek left (was removed?) from DOGE and went to run for Gov now with a largely sour taste in MAGA people’s opinions. Pointing to me that H1B is advantageous for employers but deeply unpopular with the majority of voters this last election.
Do you see the Administration taking on H1B changes in a big way or letting this slide?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#8What’s the play for solo founders? I can’t establish a company and work towards funding without an H1B but then at the same time I can’t really afford an H1B without funding.
Very curious about this as well. I've seen articles[1] that suggest that you canis engage in passive work, which includes activities such as:
- Conducting market research and customer discovery
- Discussing planned investments and purchases with prospective co-founders
- Attending and participating in business meetings
- Developing business relationships, such as meeting with investors and clients
- Negotiating contracts
- Incorporating a US company, applying for an EIN, establishing a mailing address, and applying for a business license
- Act as a passive shareholder or investor
However, my attempt to find the specific regulations or uscis policy memorandums that state these failed so I'm unsure.
[1] https://www.deel.com/blog/starting-your-own-business-h1b-vis...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#9What’s the play for solo founders? I can’t establish a company and work towards funding without an H1B but then at the same time I can’t really afford an H1B without funding.
Would really like to know about this one as well
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#10We are a group of 3 founders. One with J1 Visa, one with H1B and me (outside the US).
We would like to incorporate in Delaware and I know this is no problem for me, but we are trying to figure out how the other two founders can legally work on the company when established.
Any advice? Thanks Peters.