Thanks for doing this, Peter. What is a good route for an English national looking to move their profitable software business to the US? E-2? Would this be a path to long-term tax residency in America?
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
#102Two Canadian cofounders want to start a company in the USA, is O-1 the only option? Is TN a possibility?
Recent amendments to work visa rules published in the federal register (and that took effect on January 17, 2025) enables being a founder of a company while on an H-1B, and perhaps might similarly allow that for a TN, but Peter Roberts or another expert would likely know best about it.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#103Some family friends are part of a diaspora seeking asylum from Russia. Their hearing dates all fall inside 2026. Part of their asylum plea is admission to activities that Russia criminalized during the invasion of Ukraine - draft dodging, dissemination information about the invasion, and sending aid money to their relatives in Ukrainian. If they were deported back to Russia, their asylum plea would ostensibly be used…
I've heard about those concerns but there's really no clear indication yet how asylum applicants from Russia will be treated by the new administration.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#104What are your thoughts on the future of the Laken Riley Act's provisions on empowering State AGs to sue the federal government over immigration enforcement, both in terms of constitutionality and in terms of outcomes if signed into law and upheld?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#105Do you believe there are such a thing as nations, or merely different economic zones?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#106Any idea how the executive orders will effect trans people renewing their passports? A trans friend already changed the gender marker on his passport, and it's expiring in two years. He's deciding whether to renew it ASAP or wait. Any guess how likely it is to come back with the wrong gender marker, or get stuck in a bureaucratic mess? Thank you so much for doing these! No worries if this question is outside your whe…
It's not really within my area since this question concerns the rights of citizens but this is something I've been concerned about because we have a lot of LGBTQ clients who are eligible for or in the process of applying for citizenship. I suspect that there will be clarity about this soon and I suspect that it won't be favorable to trans people.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#107Any tips or suggestions for a DACA recipient with a year left in Uni for Computer Science, here in the states? I am nervous about my career post-school and am wondering if you could shed some insight as to what my options might be. Thank you for your time.
We represent a lot of DACA recipients and the options of moving to another status are very fact-specific, depending on their status at the time of entry, their qualifications, their country of citizenship, etc. A year isn't a lot of time as we all know so I would recommend scheduling a consultation with an immigration attorney soon.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#108Do you foresee Canadians applying for TN/H1-Bs facing more obstacles in the new administration?
Definitely not H-1Bs (at least no different from non-Canadians). The TN could be impacted, however. My biggest fear is that the administration will limit TN renewals to filings with USCIS (and not allow renewals with CBP) like it did years ago to Canadian L-1 renewals. That change was a negative game-changer for Canadians in L-1 status. I am also concerned that the administration will simply make it tougher for Canadians to qualify for TN status.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#109My friend is on h1b. Can he join me as a co founder? He has done zero work/contribution so far because he is tied to his sponsor. I would like to have him as a co founder and would like any advice you can offer. Thanks!
In 2011, we hired someone on an H1B at the startup where I worked. It was a straightforward process. The paperwork added a couple weeks to the process, and IIRC it cost $10k or so in legal fees, but for a great hire, it was definitely not a meaningful barrier.
We were already incorporated as a C corp. I would imagine that some sort of incorporation will be pretty much a requirement.
(IANAL)
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#110Hi Peter,
First of all, I wanted to thank you for taking the time and offering your help for the community! I had a couple of questions. For context, I'm Iranian and I've been a green card holder for the past 10 years, 5 of which I've been residing continuously inside the US.
1. I'm planning to apply for my citizenship this summer. Do you think there would be any complications with my naturalization given the current political climate and that Trump's now in office? Since my green card is also expiring around that time, would you recommend that I request its renewal separately or would I be fine waiting to apply for citizenship right away?
2. After obtaining my citizenship, I'm also planning to petition a visa for my fiancé (which is also an Iranian living inside Iran). Do you think that request would still be processed same as before during this new administration? Would requesting for a spouse visa be any better if we were to get married sooner?
3. Would it be any better if my fiancé were to apply for a college/university in the US instead? I'm asking this because I've heard rumors that Trump would be much easier on student visas than immigration visas.