Good morning Peter. I don’t have a question, instead I have a fact and some good wishes.

Your AMAs have taught me (a Canadian founder) one heck of a lot over the time you’ve been doing them. Thanks for taking the time to do them, especially now when much of what we called life has been shut down.

Best of health, stay safe and thanks for being so giving!

Thanks for your kind words. Stay safe and healthy as well.

Hello! My girlfriend is currently an au paire on J-1 Visa but wants to leave her current host family due to bad work conditions. She will attempt a rematch to find a new family and continue working under the program.

However, she knows some au paires in similar situations who filed for Tourist Visa whole working and still in the US, and then stopped working while waiting and being 'out of status' but remaining in the US due to the current conditions.

Would she be able quit her family, apply for tourist visa now, and stay with me during the lockdown while awaiting the decision (not working of course)?

Yes, she could file a change of status to B-2 visitor status and while her application is pending, she could remain in the US. But this application should be filed before she quits her J-1 employment and note that there is no guarantee that her application will be approved.

Thank you thank you thank you!! Omg what a relief for her. Her current host family is acting hostile to her, making her work 80+ hours a week during this lockdown bc of course the kids have no school and telling her that they will keep her locked in until a vaccine is ready, even if the gov eases lockdown rules.

She was getting desperate and her mental health was deteriorating due to the uncertainty of her options.

This made my day. Thank you so so much!!

> H-1B petitions are still being processed since there's no labor market test associated with these but PERM-based green card applications could be put on hold because a labor market test is central to this process and layoffs by the sponsoring employer can result in the end of this process.

Can you please explain what this means? I'm in the process of changing my work location with the same employer, and uncertain how this could affect me since we've to restart the PERM process. I've my I-140 approved and H1b approval till 2023.

Also saw this: https://www.foreignlaborcert.doleta.gov/pdf/DOL-OFLC_COVID-1...

But I am not sure how this affects the situation.

It's really hard to comment without having all the facts and documents but as a general rule, a permanent change in job location that is outside the MSA of the location on the PERM application requires the filing of a new PERM application.

I'm on H1B trying to start a company. I have been working in USA for 10 years now and was on H1B the whole time (Born in India). What are my options to start a company? I have a co-founder in mind in similar situation with H1B visa. How much money should I raise to be able to sponsor H1B for my own company?

As another guy from India who was on H1B and started a company. You can start a company but you may not work for it. You can attend the board meetings and that's the extent of your involvement. If you do anything, even clean the floors of the office you are technically breaking the law as your h1b allows you to only work for the employer that sponsored your Visa.

How do they enforce these things? I'm sure if you do something silly like show up in the company's payroll you'll suffer consequences but this rule is pretty nuanced.

The law and the practical application of the same by USCIS are different. Although doing things on behalf of your own company without receiving cash compensation could still be considered work requiring work authorization, USCIS is most concerned about receiving cash compensation - this is a line you cannot cross. But as noted above, this analysis is nuanced so I would recommend that you consult with an attorney before taking any steps because, for example, there are steps you could take that would allow you to work for your company now without leaving your current job.

Given the large number of layoffs in the economy, do you think it's going to be more difficult to get H1B applications passed by USCIS given they might argue that it should be now "easier" to hire qualified Americans?

(particularly for people currently on an F-1 completing their work experience and going on to apply for an H1B through their current employer).

Legally, no since there's no requirement to test the labor market before sponsoring someone for H-1B classification. As noted above, however, this could impact the green card process.

Thank you, that's useful to know!!!

After the 2008 financial crisis, and for 3 years, applications did not reach the quota. Requests for evidence were frequent, as each application was carefully reviewed. Once approved, the H1-B was granted.

Applications did not reach quota as in: not enough applications to saturate quota, or not enough approvals to meet quota?

Hey Peter I’m about to start a company with 2 other founders. I’m on h1b with a different company today. I need to get my h1b transfer approved before starting at the startup. The New company is about to get funding and then it will file for my h1b transfer. How can I get founders stock? Can the company grant it to me in a few weeks/months once my h1b transfer is approved? The company will obviously be formed by then and also funded. Will I have a massive tax liability?

I'm sure you know this but just to be clear you could start working for the new company based on the filing of the H-1B petition alone and without premium processing, it could be many months before the petition is reviewed (and hopefully approved). But yes, you can receive stock as long as you are not receiving it in exchange for services rendered (at least not until you are authorized to work for the company). My expertise is limited to US immigration law so I can't comment on your tax question.

What are some of the most interesting or unusual ways someone can get US citizenship in theory or in practice? Can an executive order do it?

Could receiving coronavirus aid make peoples lives harder if they try to apply for a green card in the future? Like it seems it is if one makes use of medicaid or other public benefits.

Under present law, no.

Hey Peter, thank you for doing this!

My question: Soon I will receive an employment-based green card (EB-3). How soon after can I leave my job without fearing any adverse consequences?

Background: Some friends have told me that if I leave too soon, then later if I apply for citizenship, I may be denied. The reason would be that I hadn't made my green card application in earnest, since leaving so soon shows I didn't intend to stay at my current employer. Is that true? How soon is too soon?

Almost certainly you will be fine to leave soon after getting your green card. The risk, which should be low or even nonexistent, will depend on when the I-140 was approved and when you filed your I-485 application.

Hi Peter, I'm a Canadian working in the US on a TN. I have an H1B petition that was selected by lottery and processed for an out of country status change; I haven't activated it at this. Is it possible to change employers to a comparable role with just the accepted petition? Otherwise is it possible to change from a TN status to an H1B status -- despite the out of country filing -- without having to travel, given the current restrictions?

If you haven't yet worked in H-1B status for your initial H-1B employer, then almost certainly you would need to go into the lottery again to work for another H-1B employer. Regarding switching the approved petition to an in country change of status petition, the employer would need to file an amended H-1B petition.

Hi Peter,

I was previously on an L1 in the US. Changed job and petition on an O-1. I exited the country and went to Canada to "wait it out" while going through the process. COVID19 happen and I'm now stuck in Vancouver.

I just saw that the USCIS is now closed for an in-person interview (and get the stamp in the passport) until the 3rd of May.

all of my stuff is still in California, is there any way for me to go back to the US and wait it out?

Can I use any emergency reason to still do the in person?

Thx for doing this!

What's your country of citizenship?

Sorry forgot to mention, I'm French

It is unlikely that you would be allowed back into the US as a visitor (under ESTA or with a B-2 visa) to retrieve your belongings - that is, it's doubtful that this would be considered essential travel.

I'm honestly curious about what happens if someone is supposed to leave the US in the next month or so? (For example, if someone's visa is expiring.)

What is someone is in quarantine? What if someone has genuine travel challenges due to the COVID-19 pandemic?

Depending on their status, there are options to stay in the U.S. beyond the expiration of their authorized period of stay, whether by filing something with USCIS before their status expires (such as a change to or extension of visitor status) or by requesting "satisfactory departure" with CBP. There is also a chance that USCIS will relax or even waive expiration dates for a period of time but that hasn't happened yet.

Hi Peter, I am from the Philippines, and I got an H-1B petition last 2019, which is valid until Sept 2021. I cancelled my scheduled visa interview last 2019 due to family reasons. I am still working with my employer and working remotely as an independent contractor with them. My question is if I can still use the H1B petition later this year or early next year before it expires (depends on when the Covid19 crisis ends). I got denied twice before back in 2017 and 2013 for B1/B2. Now, I have enough ties in my home country, married with two kids, and have travel history to Japan and Singapore. Do you know if my previous denials for the B1/B2 visa would affect my H1B approval?

Thanks Peter.

P.S. We applied in YC last year but did not make it to the final round. But still, the feedback we got from YC enabled us to pivot quickly which we found to be very valuable.

Yes, as a general rule, you still should be able to use the approved H-1B petition to apply for an H-1B visa and work in the U.S. and your prior B-1/B-2 denials shouldn't impact your H-1B visa application since the reason(s) for those denials aren't reasons to deny an H-1B visa application. Make sure to retain counsel however because you should talk through your H-1B visa application and subsequent entry to the U.S.

Thank you, Peter. My follow-up question is if my company don’t survive the covid-19 crisis. Can my approved H-1B petition be transferred to another company?

If this happens before October 1, 2020, then under present law, no.

Thanks again Peter.

Hey Peter! I am an international student in Canada hoping to immigrate to the US on an H1-B.

Do you think there will be less competition in the lottery for 2021 because of the economic downturn?

Because I have the option of graduating earlier and make that deadline or graduate normally and apply in 2022.

Thanks. Also how competitive is the lottery nowadays?

It's hard to say what the world will look like next year but I've heard from colleagues that a number of their clients are not going to proceed with H-1B filings because of the economy.

Hi Peter, I have been waiting for my I-485 AOS interview (currently on H1B) but it got cancelled due to USCIS's response to Covid-19. My application has been pending for less than 6 months. If I get laid off before the interview, how would it affect my AOS application? Is AC21 an option?

Yes, AC21 might still be an option. You should consult with an attorney if and when you get laid off (unless you know now that this is almost certainly going to happen).

What effect will country-wide layoffs and subsequent mass unemployment have on H1B and Green Cards? Will they be basically frozen until the economy recovers?

H-1B petitions are still being processed since there's no labor market test associated with these but PERM-based green card applications could be put on hold because a labor market test is central to this process and layoffs by the sponsoring employer can result in the end of this process.

I have two questions in regards to OPT for F-1 visa holders:

(1) What is your best guess what the changes that ICE announced to OPT is going to be? (see here https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=2019...)

(2) What is your best guess what the outcome of the WashTech suit against OPT is going to be? (see here https://www.nafsa.org/professional-resources/browse-by-inter...) If OPT falls would such a change be effecting all current F-1 holders?

Hey Peter, as of about two months ago, I have an approved I-140 and a pending I-485. I also just last week completed an H-1 transfer valid for 2 years. I'm a California resident.

With everything going on:

(1) If I went to stay with my family in Canada (I am a Canadian citizen) until this blows over, would I, as things stand today, be allowed to return to the US?

(2) Given office closures and general craziness, is there anything that would limit AC-21 time accrual?

Thanks for your time, Peter!

1) Would you be returning to the US to work for your H-1B employer. If so, without knowing all the facts, you should be fine. 2) I'm not sure what you are asking here.

(1) Yep, to the H-1B employer.

(2) Yeah it's probably not a super useful question, just confirming AC-21 clock starts when the I-485 is filed and in spite of office closures / delays en route (my biometrics appointment just got cancelled) that remains unchanged.

2) That's correct.

How do you foresee the current COVID-19 situation will affect Green Card applications?

It's really hard to say. At a minimum, the freeze in in-person interviews and then backlogs in scheduling could delay the process significantly but because of the massive number of layoffs, high unemployment, and overall economic devastation and uncertainty, almost certainly there will be a lot fewer green card applications so some of the delays and backlogs might be reduced or go away.

Given the coronavirus situation, it may not be possible in the next couple of months to update one's I94 by exiting and reentering the country. My friend has an I94 "admitted until" date that does not match his visa because he last entered the USA with a passport that was about to expire. Is it possible to update this date without leaving the USA (now that he has a new passport)?

What's your friend's US immigration status?

Hi,

My work authorization on L1 runs out on may 22nd. I do have an approved H1B consular notify petition, but due to covid I'm unable to get a consulate appointment or travel to activate it, and there's no premium processing to change status while I'm here. Do I have any options to extend my work auth given the current situation? I don't have any time left on my L1 to recapture.

Given the limited options, I would refile the H-1B petition as a change of status. (You would lose the already aproved petition.) This would allow you to stay past May 22nd and there's a chance it could be approved by then or soon thereafter.

Hi Peter, some US consulates around the world are currently shut down indefinitely. My appointment for an L1 visa interview had been cancelled today, as a matter of fact.

Do you have any estiamte when consulate should reopen? Do you see any chance consulates would conduct online interviews at any point, in countries where there are restrictions in place?

I don't think online interviews will be an option and when US Consulates will reopen is really anyone's guess since it will depend on conditions on the ground in that country (as well as corresponding travel restrictions). My personal feeling is that they won't reopen before May, possibly June or even later.

Hi Peter, I currently have a H1-B working for a big tech co based in Seattle, but am staying/working from Canada (I'm a Canadian citizen) since the start of March due to covid. I can technically return to the US based on the work visa, but would prefer to stay here until things improve.

What are the immigration/work implications of that?

You should be fine and be able to reenter in L-1 status without issue. You might need to carry a letter from your employer before you reenter confirming your employment.

Do you mean fine to re-enter on H-1B or L-1?

Sorry, I meant H-1B.

Hello Peter, Thanks for being generous with your time!!

I have EAD/AP because of approved EB1A. My AOS interview got cancelled because of USCIS shutdown. I recently traveled outside of US and because of my H1B stamp expiration, I used AP to enter (current status on i94 is "DA").

I am changing jobs now. The new employer's immigration lawyer recommends to file H1B and I should be joining when we receive the H1B receipt. They prefer that as that keeps my non-immigrant status intact in case there are any issues with Adjustment of status (AOS).

My question to you are:

A) What will you recommend, whether to use EAD or H1B to join the new company?

B) Does filing H1B after EAD approval have any negative impact on my AOS interview or on EAD/AP Renewal?

C) My spouse has EAD because of my EB1A and is utilizing it for her work. Will my H1B have any impact on her work visa eligibility?

D) When do you think USCIS will start doing in person interviews? Do you anticipate some interview waivers ?

Thanks for your help :)

If the job is substantially similar, you may be able to use supplement J portability.

This is a self filed petition and I believe that i485 j is not required to be filed.

That's correct, if this is a self-petition, then Form I-485J is not required. Is your self petition an EB1A or NIW? My response to your questions depends in part on your answer to this question.

I am British. Never been to uni, but have a successful career contracting as a software developer in London.

My wife is Polish, has degrees.

How difficult would it be (in terms of visas etc) to move to California for us? My understanding is that because I have no formal eduction, it can be hard to get a visa to move to USA (I think it would be easier for my wife).

An attorney would need to evaluate your respective backgrounds/qualifications to make that determination because, for example, many people without degrees qualify for H-1B and O-1 classification.

Greetings, Peter!

I had to leave US while in the process of asylum decision pending (right after the interview), and flew back to my country. (My Mom was critically ill, doctors suspected COVID19, and I'm the only close relative) (Left using my passport)

My asylum got approved while I was outside US. What is the right way to re-enter US in this situation?

Do you have any US travel document? If not, then once the US Embassy where you live reopens, you should contact it and if you are unable to get through, contact your Congressional representative. I also have a separate concern about the continued viability of your asylum claim since you traveled back home.

Hi Peter, thanks for your time. I have applied for a GC through marriage. I am currently on a H1B via my employer. I have already received my EAD but waiting on the GC interview which might take a while given the current state of affairs.

1) Can I change employers using an EAD? 2) My EAD expires in a year. Are EAD renewals generally painless?

Yes to both.

Hi Peter, thanks for doing this. My Question: I have got the green card through diversity lottery and I am currently outside of the US since January. I know that I would lose my green card if I would be away too long outside from the US. How would the COVID-19 situation affect me I don't enter the US next 5-6 months.

Because the reason that you are unable to return is outside your control, in the end you should be fine but if at all possible, you should return to the U.S. within 12 months of departing.

If you’re a US citizen who has been living in the EU and is now being “encouraged” to return home, but have a significant other that you don’t wish to be separated from... what would you suggest?

Should they just go for the 90 day tourist visa and roll the dice on being able to get a fiancé visa, etc later?

You should contact the US Embassy where you are living or speak with your Congressional representative in the U.S. but likely, unless it is dangerous where you are, you and your partner will need to go through the standard marriage-based/fiancee process and having your partner enter on a tourist visa and then apply for a green card is legally impermissible and risky - although might be forgiven in the end.

If the US Embassy has closed, what would you recommend?

All Embassies are still open; they're just on significantly reduced staff and only handling very limited matters but if you can't reach anyone, contact your Congressional representative.

OP Please do report if congressional representative even picks up the phone. I imagine everyone is now knee deep in pandemic related issues.

Yes, I've spoken with them recently as have a number of my clients. And one of their focuses now is to help US citizens and their families who are abroad.

Hello Peter!

Can a person here on visa apply for Tourist Visa and await the deicision while saying in the US (being out of status but staying here due to the pandemic)?

I made a comment before but I believe it was too specific of a case so I apologize. The general question is more my concern.

Thanks so much for doing this!!

Yes, an application for a change of status to visitor status, if filed before the person's current status expires, would allow that person to stay in the US while the application is pending (even if the person's previous underlying status expires). Of course I can't comment on whether that application would be approved.

Hi Peter,

Is there any risk in filing for adjustment of status in another area to speed things up? Are there any rules/residency requirements in doing so? It appears the Texas service center, for example, has been processing cases ~3 months faster than the California service center.

Would this be a marriage-based or employment-based green card application?

Marriage based

Hi there, is there a significant difference in the length or complexity of the process for the K-1 Fiance visa compared with the I-130 visa to bring your spouse to the U.S. (I know the latter requires having already been legally married in another country). Many thanks.

They're really about the same level of complexity and oftentimes little different in the overall processing time.

+1 for working with Peter and his team. I worked with them, and secured an EB3 Greencard last year.

Hello Peter, thanks for taking your time. I am also an immigration attorney and just started my own law firm in Texas three months ago. It has been doing great in the last month but I am thinking about how to keep it growing. 1. How do you find your clients' chain/your base? and how would you say your service is different from big law firms? I am bilingual, so I am confident in serving my people but I should not only target one group of minorities. 2. I assume most of your clients are YC and startups. Do you mind sharing how do you reach out to potential clients at YC and how to do the marketing? Thanks for doing this and I hope we can exchange some info. Be safe!

I'm possibly looking for an attorney for my h1b. Can you send me an email (max6387 at gmail dot com) with your contact info (the basics of my case are in this thread).

I recently moved back to India after my L1 renewal my was denied and just got a place in this years H1b lottery through masters cap with degrees in bio/bioenegineering.

I work in sales/account management for a large MNC (CTSH) and am concerned that because my role is non-technical my chances are slim, and looking at the companies recent applications there have been many denials although they also have the most granted visas. Moreover, my company/immigration team wants me to apply under a generic "SOC code" for computer-system-analysts rather than sales. Is this a bad idea? Any options for improving my chances? Do salary-level/location play a role as well?

Sales and marketing positions are tough from an H-1B approval standpoint and I am sure that is why the company's lawyers are trying to position the job as something more technical given your background. Unfortunately, beyond this, it's really hard for me to comment without doing a full analysis of the offered position, your educational background and work history, the educational backgrounds of those in the same or similar position with this company, and the company's hiring practices for this position and similar positions over the years.

From the employer side yes. Mean wages can vary depending on geographical area for the same SOC code. You can do a quick search to see which soc and education factors into the mean wage here: https://flcdatacenter.com/OESQuick.aspx .I'm unsure what to do if the wage of the employee is lower than the mean wage listed through the department of labor.

Hey Peter, I am a German citizen living in Mexico who has been to Iran since 2004. As a result, I am ineligible for ESTA and had to apply for a visa. But its now been in processing with the embassy in MX for 1.5y. What would you advise me to do?

Once US Consulates reopen, I would contact a Congressional representative to make an inquiry with the US Embassy. Unfortunately, it's not uncommon for US Consulates and Embassies to fail to take action on these types of applications and effectively deny them.

I was just selected for the H1B lottery but am concerned about my job safety (layoffs) this year before I can get an H1B. If I lose my job prior to being issued the H1B what are my options? Are there precautions I could consider taking now?

Under current USCIS policy and practice, almost certainly you will lose the H-1B and have to go back into the lottery again. But like a lot of U.S. immigration now, this could change and there could be some exception/forgiveness.

My wife, who is currently on DACA, is waiting for a hardship waiver so that she may fly down to Mexico and get a green card in the US embassy.

Due to this COVID pandemic, we expect there to be some delays, but we're unsure how long it will be. This is amplified by the fact that we're unsure what the status of DACA is going to be later this year after the supreme court deals with it.

Obviously I realize that this is a non-committal answer and I should consult an attorney directly, but assuming my wife's DACA expires, this COVID thing causes major delays, and the supreme court decides to get rid of DACA, what would be the best path forward?

You would still proceed with her green card application because she would still be eligible for a waiver and immigrant visa even if DACA goes away.

Thank you Peter for doing this.

Does founding a startup (in Delaware with Stripe Atlas for example) make the immigration process any easier?

What would be the appropriate immigration path for a founder of a US company living outside the US (and not a US citizen)?

Responses in order: I'm not sure I understand your question. There must be a US company acting as the O-1 petitioner/employer (except under very limited circumstances) and many of our clients use Stripe and Clerky among others to set up their company. This will depend on the founder's country of citizenship and qualifications but the default options (not including the country-specific options) are the E-1/E-2, L-1, and O-1 visas.

Hi Peter, thank you for taking time to help us. I already have my EAD and just waiting for my green card to be issued. I was expecting my priority date to be current this month however USCIS suddenly had a retrogression back to Jan 2017 plus the covid-19 outbreak so I figure it will probably take more time for them to issue my green card. For the meantime, I can work with my EAD, however due to covid-19, I learned that my project will be cut by end of the month. So I will be unemployed. My question is will I be able to work for another company using my EAD even if it was sponsored by my current company?

As a general rule yes, you can work for another company on your EAD, but you should consult with an attorney regarding the continued viability of your green card application.

Thank you Peter.

My EAD will expire on Sept this year. We have filed for an extension since we don't know when will my green card be issued.

Another question is, will my unemployment for a period of time affect the processing of my EAD/Green Card?

It won't impact the issuance of your EAD and it shouldn't impact the issuance of your green card as long as you are employed by the time of your green card interview (but the facts do matter regarding the latter issue and I don't have all of them).

Hi Peter - for someone on an O1, are there any options to extend the end date in light of covid19 and not being able to re-enter the country for a significant amount of time, separate to the 1yr extensions done near the end?

I'm not sure I understand. Are you asking whether your O-1 status could be extended now even though your status isn't expiring for a while?

Peter, thanks for your time. We recently interviewed a master's student from a local university for a position with our company. She's an international student on an F-1 Visa, and she was initially hoping to join the team as an intern. It does not look like an internship will be approved until she finishes the first year of her program (OPT requirement, I believe). Can you offer any guidance on her eligibility to work with us as a paid contractor, or recommend other ways we could work together? Also, has anything changed re: OPT / CPT given covid-19?

CPT is a great option because it is a quick approval process only involving your school's advisors (only weeks vs months for an application to USCIS/DHS). The downside is that you need to be able to enrol in an internship course that is necessary for your degree, and pay the tuition.

CPT should still be an option.

I am on H1b working for an e-commerce company, can I work for a startup in parallel during off hours and take equity only, no salary. Also the startup is nowhere related to what my e-commerce company is doing

This is a complicated issue and more nuanced than this but providing a service to a company in exchange for a benefit constitutes work requiring work authorization. If you'd like to discuss the particulars, please email me separately.

Hi Peter, can you please share your email details.

Thanks, Harish

If you email us at hn@ycombinator.com I can send an intro.

Same offer for anyone who would like an intro to Peter by email.

If you click on his username, you'll see it in his profile.

Hi Peter. I'm in the US on an E3. I arrived after the social security administration closed for covid19.

How on earth do I get an SSN? I'm supposed to start work next week and I'd love to get paid eventually.

You are okay to be paid without an SSN. This is really a payroll processing issue, not an immigration/work authorization issue.

Immigrating to US under NAFTA (Computer Analyst) with a Computer Science (not Engineering) degree doing software development. Do people still use this route? What's the success rate now do you know?

I'm currently in the US using a TN visa. I know many people with that visa, 0 rejection rate if you present the proper documentation.

Pm me if have more questions.

TN-visa? that's fine. Plenty of people do that each year.

I went across the Canadian border for a TN1 last week via a pre-clearance office at a Canadian airport. There were no problems--business as usual.

There are denials at the land border due to COVID, though travel for work is considered essential travel.

The application for a TN2 for Mexican citizens is another story. I've heard those are all on hold.

Hi Peter! thanks for doing this!

I'm a Singaporean. The crisis caught me at an inconvenient time - I'm in the middle of switching jobs, and had just flown back to Singapore to get my next H1B1 visa. However now the US Embassy has stopped regular processing of visas. So I'm supposed to start work on Monday but I don't have a visa. Since we have no idea how long this thing is going to last... Is there something I can do online? Should I ask my employer to hire me as an international contractor first while we wait?

There's nothing you can do now to travel to and work in the US on an H-1B1 visa until the US Consulates and Embassies reopen. Until then, you are absolutely fine to work remotely for your employer now whether as an independent contractor or even a direct employee.

thanks for the assurance Peter! this helps me a good deal in this time of uncertainty when nobody seems to know what to do.

Thanks for doing this, Peter. I'm currently based in Bangladesh but planning to incorporate my B2B startup as a Delaware C-Corp in order to be able to process recurring payments from international customers. I had two questions:

1) What are your thoughts on services such as Stripe Atlas, Clerky and others? Which one would you recommend (if any)?

2) After I complete incorporation, what are my options for moving to the United States at some point in the future, preferably later this year?

1) I can't comment personally but many of our clients use Clerky and Stripe and seem happy with them. I'm still of the mindset that it's still good to engage/establish a relationship with a corporate attorney. 2) The default options are the L-1, O-1, and E-1/E-2 visas.

Hi Peter, I'm a dual citizen Canadian(born)/Italian (passport) with 20+ years experience in Tech. Co-Founded and sold my own business and now CTO of the company that acquired my business. I don't have an actual degree and my highest education level is a private college degree from a tech trade school called a DEP and some industry specific certifications like CISSP, CISM , CEH, MCSE. What's the easiest way for me to get visa sponsorship, if any?

Thanks

Are you in Canada now and if so would you be coming to work for a company related to your current employer or a different company?

Yes i'm currently in Canada now ... No it would not be for my employer. I don't have a job offer currently. I would like to know if it's even possible before attempting to apply for jobs.

There are a handful of TN occupations that don't require a degree but given your background, it sounds like you might qualify for an O-1 and this doesn't require a degree.

Last follow-up reply- I promise....How would someone like myself go about demonstrating their eligibility for and O-1? Would someone in my position look for a job first and then have the hiring employer worry about this or is this something I should do on my own before applying to jobs? BTW thanks for being generous with your time and doing all this.

Hey fellow Canadian! Happy to answer questions about O1 process. Mind emailing me? Address in my profile.

The first step would be to have an attorney do an analysis of your background to see if an O-1 is an option.

I just learned that the US classifies my masters degree as a bachelor degree equivalent for the purposes of immigration, putting me in the EB3 rather than EB2 category, having a big impact on the timeline. It seems to be based on a central system, is this something that's possible/worthwhile to fight as I strongly disagree with this decision (won't go into details here). And have you seen previous successful changes of that categorization?

It's definitely worth having someone evaluate because there can be errors.

Hi Peter,

I'm an E2 employee currently outside the US. My visa is expired (3 month visa) - I applied for a new one in February when visiting family - it is in Administrative processing.

I've been working remotely all this time. Now I've been partially furloughed and asked to work 3 days a week.

In another answer about furlough (L1) you mentioned one cannot work part time.

Wanted to ask if my remote work with pending visa is OK, and if part-time work is allowed while on E2.

Thank you for doing this!

Working part-time remotely is fine but if and when your E-2 visa is issued and you return to the US, you must work full-time on the E-2 visa.

Two friends of mine did education evaluation for United States visa. Both have dual degrees, that is masters degree combined with bachelor's. So they have one degree certificate that says masters as it was done together. The education evaluation came out as equivalent bachelors in America. Is this normal as it sounds wrong to me. I feel like they should be able to petition this as dual degrees are part of many curriculums

It's possible that the evaluations are correct because each country has its own requirements for the issuance of degrees and these could be less than corresponding US requirements. For example, a number of countries will grant bachelor's degrees based on 3 years of education. They could try another evaluation service because there can be variation among services.

For a US citizen who decides now to launch a startup and apply (late) to YC that includes a cofounder that is NOT currently in the US and NOT a US citizen, what steps would you recommend be taken to get them here before interviews / acceptance / start date? (Probably not possible now, I assume)

Also taking into consideration the comments some have had regarding a potential "remote" YC 2020 summer batch...may it not matter?

Not Peter, but I imagine it would depend on the nationality of your cofounder.

I can't comment on the second question but the response above is correct, the answer in part will depend on the cofounder's country of citizenship - as well as residence.

Career question:

I am a college dropout in middle management at a startup in Europe. Recently I started studying law part time and would like to transition into a role related to my new field of study.

What are some entry level fields at a startup involving legal knowledge you can recommend? At my current org I mainly see opportunities in regulatory affairs and employment law.

Do you think this strategy is worthwhile or should I study full time instead and get a student loan?

I really don't know since my practice is pretty narrow but we deal with a lot of corporate, employment, tax, and patent lawyers who all seem busy and needed by our clients.

Thanks!

Hi Peter thanks for doing this. I'm currently working under a TN Visa which expires on May, but my I94 expires on 2021. My question is, If I want to change employer (it will normally take me 1 week because I travel to Mexico and do the process in the US embassy there). If it is possible to still get a TN Visa from US and without premium processing how long does it takes? Thanks

It is possible but without premium processing, it's impossible to say how long that process will take. It could be weeks or months. But note that when premium processing returns, a pending petition could be "upgraded" to premium.

Do you have any guess on when premium processing would be brought back?

It's really hard to say but I don't think until the summer or even fall although USCIS could bring it back piecemeal, maybe starting with I-140 petitions and certain visa classifications.

Hello Peter, thank you for doing this. I had a couple doubts about the H1B processing during these times - my application was selected in lottery but my employer is going through a tough time and I’m not so sure if we’ll be able to survive till October.

Is there any way to transfer my application to a new employer if I do happen to get another offer? Post grad student on an F1 STEM OPT.

Thank you again!

Unfortunately, under USCIS's current policy and practice, unless and until you work for the sponsoring H-1B employer in H-1B status (after October 1, 2020), another company can't file an H-1B petition for you without going through the lottery again. Now USCIS could relax this policy (and sometimes USCIS doesn't follow it's own policy).

Hi Peter,

I have been told that opting for premium processing leads to hurried decision from USCIS and subsequently to poorly crafted RFEs. Is that true?

I don't see that (and there aren't any and really can't be any valid statistics on this since there are no real measures or controls).

I'm signing off now. Thank you again everyone. It's been a pleasure responding to your questions. Stay healthy and safe.

Thanks for doing this Peter. I have already completed the green card interview (EB1B) and it went well. I expect my priority date to become current sometime in the next couple of months. Can I start a company now or does the USCIS check that I continue to be employed by the same employer? It has been ~ 2 years since my I-140 was approved.

Hey Peter, I'm about to expire my 60 days of grace period for finding another employer under TN visa, has the USCIS said anything about extending that grace period because of coronavirus? Also, if my visa is still valid until September, can I just go to an airport POE and change my employer there with a letter of employment? Thanks!

Responses in order: No, USCIS has not yet extended this grace period or relaxed expiration/departure dates but it might. There's no change of employer; this would be a new TN application with your new employer. But of course there are travel restrictions in place now that could impact your departure from and return to the US.

I have an E1 visa. Live in Canada, run a business online with customers mostly in the US.

Haven’t really used it. I still meet the criteria. Has renewal gotten harder? I’ve heard it has. The first time I got it the embassy wanted all kinds of reporting to prove my income was from US sources.

Don’t care too much about having it, but would renew if renewal isn’t too hard.

Yes, as a general rule (although there are variations among Consulates), it's tougher now to get an E-1 or E-2 visa and that applies to renewals as well.

Hi Peter, I work on H-1B for a Biotech and they are applying for a Green Card through PERM for me.The current step it is on is the labor market test, I know the overall economic situation is pretty dire, but my company seems to be doing well and is actively hiring, will the overall economic impact still play a role in the PERM approval ?

Thanks

It might because even if the company is doing well and hasn't laid off anyone, the DOL likely will take into account the local, regional, and national economies and question and request more extensive documentation regarding the company's good faith recruitment and the unavailability of US workers and/or simply not believe that there are no qualified US workers.

Peter, have you ever seen small companies (15 employees) getting approved for L1A visa ? The company has a foreign subsidiary where some team members work even though overall we are a small firm. Does the size matter when requesting visa such as L1A ? Not a consulting firm but a SAAS product based company if that matters.

Yes but really only when the employee manages employees now and will manage employees in the US (the US company should already have employees) or the employee possesses truly advanced and proprietary technical or scientific knowledge.

The employee is technically the CTO who manages the entire team overseas and I would like him to come manage some people here temporarily. L1A works for that ?

Yes, an L-1A is the likely option. How many people does he manage overseas now and how many would he manage in the US?

7 overseas and US tech team will be built under him.

Hi Peter. I'm from Brazil and I've recently finished my Master's in the US and have been working in CS under opt for the last 6 months. My company missed the H1-b deadline. Do I have any other options / anything else they could still do this year besides applying for the stem extension?

Other than a STEM extension, your options would be an O-1 or green card application (in a category where there is no backlog).

Hi Peter, are there any drawbacks to switching from an O1 visa to an H1B visa in order to avoid having to renew the O1 every year (after the first three years)? In particular, would an EB1 petition have more chances to succeed if the applicant has O1 status at the time of filing compared to H1B status?

No downside at all to switching and no impact on the outcome of an EB1A petition - same chances whether you are in H-1B or O-1 status.

From the employer standpoint, if the wage is slightly lower (within $1,000) of the standard wage for the SOC code, what would be our options? We still want to sponsor, but don't want to get in trouble if we give a raise. Thank you, this is so helpful to read the other questions and answers!

If I understand your question correctly, there is no option to pay below the prevailing wage other than by utilizing or commissioning a private wage survey - but these are often rejected as invalid.

We've now realized that we're paying slightly under the prevailing wage and will be giving the employee a raise to be over the prevailing wage. Is there a correct procedure to document that for LOC?

What's the employee's US immigration status?

Thanks for doing this Peter! How do you think pending AOS employment based applications might be affected? I anticipate longer processing times due to closure of local USCIS offices, do you foresee any other risk such as suspension of these applications? (This is post EAD and AP). Thanks!

That main impact would be on the PERM process but if you are past that or going a different route, then I really don't see much change beyond delays because of the closure of local USCIS offices.

Wife has a Phd in BioTech from Europe. Is she eligible to self petition for a EB1 Green Card? Thanks for doing this.

Also she is currently working for a contract research organization doing some COVID-19 related research. Will that help her case in anyway? We are from India, so there is a huge wait time.

She might qualify but an analysis would need to be done of her qualifications and her COVID-19 research should help with a green card application as well as an O-1 application.

What's the best way to clear up your immigration record?

e.g. when you overstay less than 6 months, you get "blacklisted" - it becomes hard(er) for you to get a new travel visa, but more importantly, even if you do get it, every time you try to go to the US you get taken to the backroom

One option - depending on all the facts - is to submit a "complaint" under the DHS TRIP program. This oftentimes works to resolve that entry issue.

Possibly.

Do you know of the legality of running an online side business while on an H1b? Has there been any change in that law?

Do you know if the S386 measure has made any progress? Alternatively, after the covid situation, do you see the waiting time for indian/chinese EB2 applicants go up/down?

Responses in order: To do this, you would need work authorization such as a concurrently filed part-time H-1B petition. No, there has not been any change in the law on this issue. Not that I am aware of. Yes, I think the volume of green card applications will go down as a result and this should affect the backlog over time.

One of my two co-founders is Canadian. He has just been "visiting" very frequently, but it's a constant concern. What is the best way to start the process of trying to get him here to the US, legally?

We have already raised some VC money from US-based investors (not sure if that helps at all).

Thanks!

This is a good question. I work for a US company and travel down to good old Santa Clara county now and again (in non-pandemic times). I have a TN but it is a massive pain to re-apply when it expires. Is there some other way? I'm only down there for a few days at a time, maybe three or four times a year.

Does he qualify for a TN visa?

You must be an employee for the TN visa. As a founder, he would not qualify.

This is a bit more nuanced. There's no flat prohibition against founders and owners getting TNs.

Based on public statements by YC partners, appears possible the YC S20 batch will be 100% remote; as it relates to YC interaction with the batch.

As it relates to US immigration matters — what, if any, impact might this have on the S20 batch that prior non-remote batches were not subject to?

I don't think that will have any immigration implications because the key facts won't be impacted: acceptance into and participation in YC; the relationships established as a result of participation in YC; funding; and press coverage post-demo day.

Hi Peter,

I run callenq.com, a company that helps tax attorneys skip the IRS telephone hold time when they call the IRS.

Is there a market for this type of service for immigration attorneys?

Are the hold times long and do you need to call several times a week?

USCIS Call Center Agent (800-375-5283) National Visa Center Officer (603-334-0700)

There are terrible hold/wait times calling USCIS in particular so there might be a market (but I'm an awful judge of these things).

Hi Peter, Thank you for doing this AMA. I am a student on F1 visa in STEM field, graduating in 2 months. I will be on OPT afterwards. What are some practical immigration paths for recent graduate founders?graduating? Please note that I don't qualify for EB.

First and foremost, take advantage of OPT/STEP OPT. This is a great benefit for students in general and founders in particular. This buys you a lot of time to build up your company so that you might qualify for an O-1 or green card.

Hi,

I got an L1B visa to travel to USA in February. My start date is April 1 but couldn't travel due to the ban. What happens to the visa if I dont enter within the entry deadline? Is there an entry deadline or they mark the date of arrival as your timer that ticks?

No entry deadline since this was all done in good faith. You should be fine traveling to the US on your L-1 visa when you're able to. Possibly carry a letter from your employer confirming your employment.

Perfect thanks. Do they count the time in and allow you the lost months ? I fear I could loose months with this. Also can I get my green card process started while I am here or we have to wait until the entry? Thanks

The time that you are allowed to be in the US in L-1 status doesn't change - get extended - because your entry has been delayed. And yes, the green card process can be started while you are outside the US.

Canadian living in Canada with a EU citizen on a PR (permanent residency in Canada). Let’s say I get in on a TN, I understand she can accompany me without being allowed to work. How long would it take for her to get a work permit? Months, years?

If she is not your spouse, then she will not be able to accompany you on your TN visa. If she is your spouse, she can enter on a TD visa while accompanying you. The TD visa does not have work authorization so she will not be able to get a work permit. So to answer your question: Never.

However, being in the US will allow her more opportunities to interview with companies that may be willing to sponsor her on other visas that will grant work authorization.

Another route is the F1 student visa to OPT/CPT.

She also could accompany you to the US in B-2 visitor status as your non-spouse cohabitating partner and effectively remain in the US as long as you are in TN status.

Hi Peter. Seems like I just lost the H-1B lottery, what other options do I have to stay working in the USA (I'm currently on a J-1 visa)? I already have a master's degree, and would not like to go back to school. Thank you in advance.

The options are very limited but the default options are an O-1 petition or a green card application (where there is no backlog in the category such that you can file an I-485 and work authorization applications immediately).

How difficult is the O-1 petition?

I was a co-founder back in 2012 in India and we were running a e-commerce store. I am currently in h1-b working for big US company. Just wondering if I can use my past experience to move to eb1 instead of eb2 which I am currently petitioned in.

Yes, absolutely, a history of achievement over time is a key factor in the EB1A context.

Hi Peter, Thanks for doing these. If someone is on an H1B visa and is in their last year with less than 10 months remaining with no I-140, what options do they have if they aren't able to get their I-140 approved by the end of their H1.

Is there an underlying PERM application? If so, when was this filed? If not, when was the I-140 petition filed?

My EB-3 Green Card interview was scheduled within 2 weeks when cancelled because of the COVID-19 closures to the immigration office. Do you think they will reschedule existing interviews or they may reconsider because of the dire economy?

No one knows for certain but they should just reschedule once they reopen.

I am on OPT but think I may be laid off soon. Would I be eligible for unemployment benefits if so? Separately, am I eligible for the relief payments of $1200 per adult? Or am I excluded from both because of my immigration status?

This is all new and evolving of course but my present understanding is that you would be eligible to receive unemployment benefits (since you continue to be work authorized but note that this is a state determination) and also eligible to receive payments under the legislation.

Hi Peter, thanks for doing this!

I just got H1B lottery. The company is promising that they would apply for the green card as soon as I'm in US. My question is: is that possible for them to do that, generally and given the current scenario?

Legally, yes, but if the company was going to go the PERM application route, that process could be derailed by layoffs by the company and/or overall unemployment.

Hi Peter,

My cofounder and I were meant to start the O-1 application, however given the current pandemic how do you see it affecting such applications? Does it make sense to still start it now given that it's unclear how long this will last for?

Thank you!

That really depends on your particular situation - for example, how strong your petitions are now and whether they need to be filed by a certain date so that you all can remain in the U.S. - but we continue to file O-1 petitions for clients.

As a Canadian, does the lack of a college degree significantly act as a disadvantage for visa programs such as TN/H1-B ? In the case of a pressing move to the US, what would be some options for someone with no degree?

So I was in this situation while being hired by Microsoft. Have nearly a decade of working experience. Ended up in Vancouver (grew up in Ontario)

I think things can be easier once you've worked for the company for over a year

That's correct, you can still qualify for an L-1 (as a transferee after 1 year of employment outside the US) even if you don't have a degree and there are TN occupations that don't require a degree. Further, you can get an O-1 without a degree as well as an H-1B as long as (in the H-1B context) you have the equivalent of a bachelor's degree (essentially 12 years of professional experience).

Hi Peter, I have a greencard and we would like to apply for an F2A greencard for my wife. At the same time, she would like to pursue further education (masters). Are there restrictions against that while pursuing the F2A?

What's your wife's current status?

She is on OPT Stem Extension.

So you could sponsor her for a green card and while that application is pending, she could attend school. She wouldn't need an F-1 visa to do so. But consult an attorney before proceeding.

Two related questions:

1. My wife and I both have independent E3 visas. If one of us wants to change status to E3D, can we do that without travelling outside the country?

2. Relatedly, can we extend the validity of our visas without travelling?

Thanks for your help, Peter.

1. Yes, by filing an application with USCIS. 2. Visa renewal by mail is an option but this too has been suspended until the Consulates and Embassies reopen.

This may appear as off-topic compared to other questions here. I am interested to know what software you use as part of your daily work. So, what software do you use and what piece of software is missing for attorneys ?

Unfortunately, I'm probably the last person to ask because I'm not very technical and (so I'm told) I'm a "non-adapter." There are lots of case management and processing software options out there and they're all pretty good and about the same.

Take a gander at this report by the American Immigration Lawyers Association, it may answer some of your questions: https://www.aila.org/File/Related/The_Future_of_Immigration-...

Specific to immigration, two platforms commonly used by high-volume immigration practices are INSZoom and LawLogix.

Thanks !

I'm a Canadian applying for a green card under EB-3. My priority date of January 2020 was current, but in March it retrogressed to January 2017. How likely do you think it is I will become current again in October?

That's really tough to say because that date depends on actual filings as well as projections but my personal feeling is that that number will move pretty rapidly in the coming months although I don't think it will be current in October.

The reason I asked October is because historically that's when things become current again due to the new fiscal year starting

As a follow up, suppose I don't become current for many years and my TN Visa expires. Would I be able to keep renewing EAD/AP every year in order to keep working in the US until my I-485 is processed?

Yes. And October usually does see a big change, I just don't see it becoming current by then.

Hey Peter, thanks for taking the time.

With the current shutdown of "non-essential" travel between Canada and the US, would it still be possible to obtain a new TN status at the POE at the current time?

Yes but not via a land-crossing, only via air (and sea).

A friend of mine just lost the H1B visa lottery. She is considering trying to stay to get a master's. Is that a good option right now?

Can someone with an H1B visa change their status to try to claim asylum?

There is an option of getting full-time CPT/work authorization through a master's degree program and many F-1 students pursue this if and when they are not selected in the lottery. Whether to do this is a personal decision because there is substantial cost (tuition) associated with this. Moving from H-1B to asylum is generally very difficult unless there has been a change in conditions in the worker's home country.

I have received the work permit card already, but I am still waiting for my SSN. With USCIS partial stop, I believe it will take a long time until I get my SSN. Am I allowed to work without it?

Yes, you are allowed to work. This is more of a payroll processing issue than a work authorization issue.

Thank you so much Peter. If you have a moment - do you know if any impact to Adjustment of Status applications? I've been waiting for my EAD and Advanced Parole for 4 months. Thanks.

These applications are still being processed and processing times seem to be improving in fact.

Hi Peter,

Thank you for doing this. My question: Are non-founders who are chief executives (like CTO, CSO) in a startup eligible to apply in O-1 category? What is the success rate for O-1 applications you have seen?

Thanks!

Absolutely. That's hard to say because the outcome depends on the strength of the individual's background but lots of O-1 petitions get approved for talented non-founders.

Hi Peter, I am on STEM extension part of my OPT.

Can I start a company and fundraise on my current visa?

If not, can I be a founder and work as a CTO under an American CEO since technically that is still a supervised job?

Possibly but the ultimate decision is your school's and you need to have some structure where you are supervised by a board member or another employee. I generally recommend that you find out from your school (in the abstract) what must be in place for you to use your STEM OPT to work for a company you (co)founded.

Hi Peter, I'm a Canadian on an H-1B through my small startup. Would taking a loan from the Paycheck Protection Program (PPP) hurt our ability to file for a green card on my behalf?

Hi Peter,

Really appreciate you doing this!

For a non-American who gets a bachelors degree in the U.S., what are the best paths for starting your own company in the U.S. if you don't want to raise venture capital?

If an E-2 is available, then probably the E-2 or O-1 - after you have taken advantage of OPT to build up your company. If you have other founders/owners that diffuse the ownership and control, then there could be other options such as the H-1B or a country-specific visa.

Thank you very much!

I've heard that premium processing has been suspended for H1Bs. If someone on an H1B loses their job right now, what does that mean for their ability to find a new job?

There's no doubt it complicates the change of employer process. That person would have a 60-day grace period after the end of his or her employment during which he or she would be considered in valid H-1B status. The challenge is this: although an H-1B worker can change jobs based on the filing of a new H-1B petition alone, most workers and most companies don't want to make a change unless and until the petition is approved and right now, without premium processing, we just have no idea how long this will take. Note however that once premium processing is brought back, a pending petition can be "upgraded" to premium.

What sensible options there are to immigrate or be able to work 5+ years?

I know of green card (lottery and marriage), L1-visa, H1B-visa, and OPT, are there any other sensible options?

Self-petitioning green card options (EB1A and NIW) but these are tough/high standards. Also, there are country-specific visas ((TN, E-3, and H-1B1) and depending on your country of citizenship, the E-2 investor visa.

How hard is it to transfer an H1B? If a prospective employee has one, what's the time and money investment required to hire them? Any big watch outs with that?

Hi Peter, I’m 4th generation of (South) Korean Japanese who traveled to North Korea in 2018. My application for B-2 visa was filed last August and after “administrative processing” status, it turned out to be “refused” last week. While I intended to use ESTA in the beginning, I was forced to switch to B-2 visa following Trump’s decision to disqualify ESTA for those who have traveled to North Korea since 2011.

Since my job requires me to interact with our clients based in the US, losing the ability to see them would put me in a horrible position.

I have contacted the embassy multiple times to ask if there were any additional documents to submit, but I was only told to wait for an update online.

What do you think I can do to continue the appeals process? Is there a trend where those who have been to North Korea are all rejected?

Would accepting disaster relief checks or getting the covid-19 loans forgiven can get us being a “public charge” and block us from getting immigration benefits?

At present, it doesn't appear that these would qualify as impermissible "public benefits" from an immigration perspective. The same also applies to unemployment insurance benefits.

Whats the process like if i have a H1B & approved I140 and move over to H4 for some reason.

If i want to get back onto H1B do i need to go through the lottery again ?

Hey Peter,

There was a recent immigration ban on my country of origin through an executive order.Do you know of any option to apply for a green card in this scenario?

Are you inside the U.S. in valid immigration status or outside?

inside the USA currently on stem opt.

Then that ban only applies to those applying for visas or green cards from outside the US. You still can pursue a green card in the US because you are in the US.

Really?The way it was reported says something else.I guess I need to go talk to a lawyer. Here is the link to the executive order https://www.dhs.gov/news/2020/01/31/2020-travelvisa-restrict...

Hi Peter,

I’m on O1 visa. But my wife has O3 and doesn’t have a work permit. What’s the correct way to apply for a work permit? What visa should we change to? Thanks

The visas that allow spouses to apply for a work authorization are the E-1 and E-2, the E-3, and the L-1. Other than this, a spouse can get work authorization while in the green card process.

Thanks Peter, much appreciated!

Is the US government still processing E2 visa applications. I am Canadian who was planning on submitting in late April.

Hi Peter, thanks for doing this! What are the implications of working remotely and outside of the US with a H1B1 (similar to H1B)?

There are no immigration issues with working outside and within the U.S., as long as your home is within the MSA/normal commuting distance of the work site noted on the LCA, there are no issues. The challenge arises if your home is outside the MSA. Currently, this requires the filing of an amended H-1B petition but it's possible that USCIS will relax this rule.