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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
39 points by proberts an hour ago | 30 comments

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!

figmert a few seconds ago | parent | next [-]

How serious is/was this whole $100k for H1-B applications? How has this impacted the hiring process?

saradhi an hour ago | parent | prev | next [-]

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.

proberts 39 minutes ago | parent [-]

That's right, both before US Consulates when applying for visas, before CBP when applying for admission, and before USCIS when applying for a benefit (H-1B, O-1, green card, etc.), social media is being reviewed, not across-the-board but more and more. And there's really no option to keep social media as private if asked to turn to public by a Consular Officer or CBP Officer. The review is broad and not limited to social media that is critical of US policy but extends to a review of an individual's entire background to make sure there were no violations of US immigration law, including unauthorized employment.

nisegami 25 minutes ago | parent [-]

CBP actually made me give them my facebook password when entering on a J1 visa in 2017, so I'm surprised to hear so much talk about this. Is it more that the practice of checking social media is more widespread now?

garbawarb 12 minutes ago | parent | prev | next [-]

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, uploaded it, then came back to the US.

miotintherain 44 minutes ago | parent | prev | next [-]

Hi Peter, thanks for the AMA!

I work for an American company and I am based in Europe. I visit the US for work every now and then. I heard a lot of horror stories regarding border entries. If I am ever in a situation where the border police asks for access to my personal phone and pin code, what are my options? Can I refuse and what happens then?

devty an hour ago | parent | prev | next [-]

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?

proberts an hour ago | parent [-]

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.

jonpurdy 33 minutes ago | parent | prev | next [-]

Hi Peter, thanks as always. It seems that i-131 Reentry Permit processing times are greater than 12 months these days.

If an i-131 is pending, would you advise that person to return briefly to USA before their 1 year date of exit (ensuring that they are never out of USA for greater than 1 year prior to approved i-131)?

Or does a reentry permit allow them to remain out of country for longer than that even if pending (presuming it gets approved)?

bravura 23 minutes ago | parent | prev | next [-]

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?

sjtgraham 44 minutes ago | parent | prev | next [-]

How does the Supreme Court’s elimination of Chevron deference affect USCIS’s ability to narrowly interpret the EB-1A regulatory framework, particularly at Step 1 of the Kazarian analysis? I am specifically interested in two areas: (1) whether, under a strict textual reading of the judging the work of others criterion in 8 C.F.R. § 204.5(h)(3), participation in code review where the beneficiary evaluates and approves the technical work of others in the same field should qualify without USCIS applying extra regulatory limitations, and (2) whether USCIS can continue using its historically restrictive approach to comparable evidence under 8 C.F.R. § 204.5(h)(4) now that courts are no longer required to defer to agency interpretations. I understand that even if these issues favor the petitioner at Step 1 they may not change the outcome of the final merits determination under Step 2, and I am trying to determine how a post Chevron, strictly textual approach might influence Step 1 outcomes for petitioners whose achievements do not align neatly with the ten listed criteria.

gsck an hour ago | parent | prev | next [-]

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?

proberts an hour ago | parent [-]

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.

aliljet 33 minutes ago | parent | prev | next [-]

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

vecter an hour ago | parent | prev | next [-]

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?

proberts 34 minutes ago | parent [-]

In the end, it's largely put a stop to H-1B sponsorship of workers outside the U.S. That doesn't mean that all these workers can't get visas to work in the U.S. but other - tougher visas - have to be explored.

clumsydude 21 minutes ago | parent | prev | next [-]

In October, the state department introduced a new policy:

> Applicants for U.S. nonimmigrant visas (NIV) should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence

> Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency.

What sort of proof is required to demonstrate residence? What about cases where an applicant legally has residency in a particular country (e.g. PR card or work visa) but in practice lives in the US as an H-1B/TN/L-1/O-1/etc. worker or H-4/TD/L-2/O-3/etc. dependant? Especially for the dual intent visas?

zamalek 17 minutes ago | parent | prev | next [-]

Thanks for the AMA Peter!

Do you think there are risks involved with leaving (and hence returning to) the country on a Green Card?

constructive an hour ago | parent | prev | next [-]

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!

dennis16384 28 minutes ago | parent | next [-]

But you _can_ open a bank account remotely for a DE LLC. Both Wise and Mercury supported this for years.

gsck an hour ago | parent | prev [-]

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.

kethinov 20 minutes ago | parent | prev | next [-]

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

kimyanna 42 minutes ago | parent | prev | next [-]

Hi Peter, have you been seeing either a slowdown or increased denial rates to N-400 applications (5 year rule)? Just curious if it's more or less business as usual or if there is any impact on N-400 applications (we've heard of the neighborhood checks etc.) Thank you!

proberts 36 minutes ago | parent [-]

It's not business as usual anymore. Clients have shared that interviewing officers have shared that flexibility and leniency in adjudicating N-400 (and green card) applications is over. So officers are taking a much tougher stance on criminal records and extended absences from the US. That being said, applications without any issues are being approved although the approvals are taking longer.

rathboma 31 minutes ago | parent | prev | next [-]

Thanks for answering questions!

Do you think H1B visa holders looking to move to a Green Card (in coordination with their employer) should be concerned about rejected applications or other issues?

poki89 44 minutes ago | parent | prev | next [-]

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?

BergAndCo 6 minutes ago | parent | prev | next [-]

What's Satan like in real life? He seems really down to earth

jquery 27 minutes ago | parent | prev | next [-]

Should individuals on a green card be concerned about anything, such as criticizing this administration?

kappi 25 minutes ago | parent | prev [-]

why are you and YC still sponsering H1-B visas when there is 10% unemployment in software engineers?

Fraterkes 4 minutes ago | parent [-]

I don't really get your point, there's high unemployment outside the US too in many places?