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

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

#61

Post by drstewart » Fri, Dec 05, 2025, 6:38 PM UTC

ToucanLoucan wrote: post #55

proberts wrote: post #52

Earlier quoted context omitted.

You are within your rights to say no but if you say no, almost certainly CBP will assume that you are hiding something and deny you admission.

[flagged]

Are you talking about Australia or Canada?

https://www.cbsa-asfc.gc.ca/travel-voyage/edd-ean-eng.html

https://www.theguardian.com/world/2022/jan/18/returning-trav...

Progressive utopias indeed

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

#62

Post by proberts » Fri, Dec 05, 2025, 6:39 PM UTC

bravura wrote: post #25

I know this is a general question, but: Assuming a US startup is considering engineering hires outside the United States, how does one currently assess the likelihood of getting them a visa to work in the USA? And what timeline and cost would be involved?

Unfortunately, a case by case analysis would be required. However, if they are from a country with its own visa (that is, Australia, Canada, Chile, Mexico, and Chile), it's relatively easy to get engineers visas.

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

#63

Post by proberts » Fri, Dec 05, 2025, 6:41 PM UTC

aliljet wrote: post #19

Is there clarity right now around foreign students attempting to obtain h1bs in the future?

Yes. F-1 students can get H-1B visas. The issue is the $100K payment which applies if the H-1B petition is filed not with a request to change status but with a request to notify a consulate. But if it's filed with and approved as a change of status, then a subsequent H-1B visa application will not trigger the $100K payment.

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

#64

Post by sercand » Fri, Dec 05, 2025, 6:41 PM UTC

I have green card and last time I left is 2 years ago, How can I return back to the US?

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

#65

Post by proberts » Fri, Dec 05, 2025, 6:42 PM UTC

OsrsNeedsf2P wrote: post #45

Is it normal for incubators to ask founding engineers to come over on tourist visas?

I'm not sure about that being a requirement but participation in an accelerator/incubator while in the U.S. as a business visitor is fine and common.

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

#66

Post by KK7NIL » Fri, Dec 05, 2025, 6:43 PM UTC

fencepost wrote: post #60

garbawarb wrote: post #29

A question about TN status for a Canadian living in the US. There are some income-generating things I'd like to do outside of my work visa (play a music gig, upload music to Spotify, act in a movie). My understanding is that I can't do these things in the US. Am I able to do these things if I do them outside of the country, or is there any way to make them work? For example, if I went to Canada, recorded an album, up…

I think a related but separate question would be "Can I do these things if the proceeds are going directly to charity instead of to me?" I suspect it would be important that any funds never reached you, so you couldn't simply receive money then donate that amount. Playing a charity gig where the receipts go directly to the charity would likely be fine, streaming/Spotify revenue I don't know, acting in a movie might b…

IIRC from the time I was waiting for employment authorization, I wasn't allowed to do any charity work that could otherwise be a paid position, so be very careful with this charity idea.

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

#67

Post by proberts » Fri, Dec 05, 2025, 6:44 PM UTC

garbawarb wrote: post #34

I'm living in the US on TN status and I'm interested in starting a startup, a subscription-based mobile app. But I have a pending PERM application and leaving my company would mean abandoning the whole thing, which I'm not eager to do. Is there any legal way I could start a startup without having to do that?

Concurrent employment is an option, meaning you could keep your primary full-time TN while getting a concurrent part-time TN. The problem is more that self-employment isn't allowed on the TN.

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

#68

Post by jbellis » Fri, Dec 05, 2025, 6:45 PM UTC

Has the current administration made it harder to qualify for an o1 visa?

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

#69

Post by fooker » Fri, Dec 05, 2025, 6:45 PM UTC

proberts wrote: post #59

kethinov wrote: post #27

Suppose you could wave a magic wand and change US immigration law in any way you like. What changes would you make?

Good question. There's so much I would change. I'll give this some thought and respond later today.

Looking forward to this answer!

Many of the absurdities of the US immigration system exist for good reasons and it would be great to understand the nuances.

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

#70

Post by pain_perdu » Fri, Dec 05, 2025, 6:45 PM UTC

I moved to the USA in 2016 thanks to Peters help and every successful interaction I have had with USCIS since then has been because of his sage advice. You will not find a more knowledgeable or kind adviser than Peter.