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

#1

Post by proberts » Fri, Dec 05, 2025, 4:04 PM UTC

As usual, there are countless immigration topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide 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 do the same in my answers!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

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

#2

Post by constructive » Fri, Dec 05, 2025, 4:27 PM UTC

Hi Peter, thanks for doing the AMA! I have a Delaware registered LLC (10 years old), I managed to get even an EIN remotely. However, I can't open a bank account remotely and so I have just been paying the registered agent fees and Delaware gov taxes for the LLC all these years. I however, genuinely want to come to the states to open the bank account and actually expand my business into the US. The LLC hasn't really had any annual meetings/etc. but taxes are always paid on time. How do I use my LLC to apply for a B1/B2 to visit the US?

OR should I just close it and try the normal route? Thanks in advance!

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

#3

Post by vecter » Fri, Dec 05, 2025, 4:27 PM UTC

Thanks for the AMA Peter!

What impacts are you seeing as a result of the $100K H-1B fee which took effect on 9/21/25?

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

#4

Post by gsck » Fri, Dec 05, 2025, 4:33 PM UTC

constructive wrote: post #2

Hi Peter, thanks for doing the AMA! I have a Delaware registered LLC (10 years old), I managed to get even an EIN remotely. However, I can't open a bank account remotely and so I have just been paying the registered agent fees and Delaware gov taxes for the LLC all these years. I however, genuinely want to come to the states to open the bank account and actually expand my business into the US. The LLC hasn't really h…

My understanding of the B-1 visa is all you really need is a letter of employment. Might get tricky with you providing the letter of employment to yourself however.

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

#5

Post by devty » Fri, Dec 05, 2025, 4:33 PM UTC

Thanks for having another round?

In your view, who are the winners and losers of the recent H1B changes? And any changes on your perspective for YC harboring international talent in SF Bay Area?

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

#6

Post by gsck » Fri, Dec 05, 2025, 4:36 PM UTC

I have recently taken a job with an American based company and will need to complete a few weeks training in Miami. Based on the information they have given me I need a B1 visa and maybe an ESTA since I'm in the UK, and a C-1/D for moving through the US.

However they keep flip flopping between me needing a B1 and me just using my ESTA for the training, and their communication hasn't been the most straight forward. Which visa do I need to get to enter the US for the training?

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

#7

Post by saradhi » Fri, Dec 05, 2025, 4:38 PM UTC

Could you please help with any insights about the social media vetting rules? This has been a blackbox to the visa applications - started with student visas, now being forced on work visas too from Dec 15th.

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

#8

Post by proberts » Fri, Dec 05, 2025, 4:39 PM UTC

gsck wrote: post #6

I have recently taken a job with an American based company and will need to complete a few weeks training in Miami. Based on the information they have given me I need a B1 visa and maybe an ESTA since I'm in the UK, and a C-1/D for moving through the US. However they keep flip flopping between me needing a B1 and me just using my ESTA for the training, and their communication hasn't been the most straight forward. Wh…

Whether you present a B-1 visa or ESTA for admission, you will be seeking admission as a business visitor. Under these circumstances, my advice is almost always not to risk a denial of a B-1 visa application (which happens all the time) and to travel on ESTA. The only relative downside is that ESTA limits admission to 90 days. But of course run this all by the company's immigration counsel.

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

#9

Post by proberts » Fri, Dec 05, 2025, 4:42 PM UTC

devty wrote: post #5

Thanks for having another round? In your view, who are the winners and losers of the recent H1B changes? And any changes on your perspective for YC harboring international talent in SF Bay Area?

In the end, the new requirements - really, just the $100K payment for now - are manageable/avoidable and absent this requirement, the rules and their application haven't really changed. The bigger change, which hasn't happened yet, is the across-the-board increase in prevailing wages. And this will have a profound effect on H-1B employment since the increases will be significant.

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

#10

Post by poki89 » Fri, Dec 05, 2025, 4:44 PM UTC

My H-1B with my current employer expires on Jan 10, 2026 and can’t be extended because I don’t have an I-140. Another startup plans to file my O-1A at the end of December. Can I remain in the U.S. while the O-1A petition is pending?