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

71•proberts•2h ago

I'll be here for the next 6 hours. As usual, there are lots of possible topics and I'll be guided by whatever you're interested in. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please try to stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!

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

Comments

darshanmakwana•2h ago

What's the typical timeline and cost for sponsoring an H-1B vs. EB-3 vs. other visa categories?

proberts•1h ago

Just to be clear, the H-1B is a nonimmigrant visa and the EB-3 is a green card category so they're no comparable. The costs will depend on the legal fees (which run anywhere from $2,500 to $5,000 with most lawyers charging something in between), the size of the company, and whether premium processing is used. For an H-1B, expect total costs of anywhere from about $5,000 to $10,000.

xqb64•1h ago

What's the best path from zero to a fully legal status (visa first I imagine, but eventually citizenship) in the US for someone coming over from the Western Balkans (non-EU), with a bachelors degree in EE or CS and no prior work experience? Thanks for doing this.

proberts•1h ago

The options are limited: an H-1B for employment (which involves an annual lottery), an F-1 for schooling, or a J-1 for internship/training (which requires a "host" company/employer).

bigdollopenergy•1h ago

OP didn't state their exact country, but E-2 visa may be applicable. It's not just for investors/business starters. Companies that are privately owned by people from E-2 countries can transfer/hire citizens from other E-2 countries. Probably the most realistic option for a junior/mid-level developer IMO. See if your country is an E-2 country and apply to companies that qualify. E-2 is a non-immigrant visa so moving onto green card is more difficult but not impossible.

There's also the L1B Company transfer, if you work for a company with offices in the US and they would be able to transfer you after a year. Bit of a gamble to find a company that would be willing to do this though, and you gotta work for probably years to find out.

H-1B, if you're not already in the US has a 100k fee attached to it. Though AFAIK that was a proclamation that expires at some point, but probably won't. So it's really not an option for 99% of people.

I'm not a lawyer, so definitely verify what i say, but i'm pretty sure these are also valid options.

proberts•1h ago

Thanks! Very good points. The E-2 is also a great option for founders (with their own funding or with funding from citizens/VCs from their own country).

xqb64•1h ago

I'm sorry, Serbia. According to [0], it seems like E-2 would be applicable, too.

Thank you.

[0]: https://www.usimmigrationadvisor.com/active-e-2-treaty-count...

turtlesdown11•1h ago

How do you advise startups who plan to break laws as part of their business models?

proberts•1h ago

We advise them to comply with all laws.

fourside•1h ago

This is a very loaded question. I’m not sure what type of answer you expect to get.

dang•1h ago

Please don't waste community time and space by posting unsubstantive comments.

Edit: Could you please stop posting unsubstantive comments and flamebait generally? You've unfortunately been doing it repeatedly, and we've already asked you more than once not to.

If you wouldn't mind reviewing https://news.ycombinator.com/newsguidelines.html and taking the intended spirit of the site more to heart, we'd be grateful.

turtlesdown11•42m ago

> Please don't waste community time and space by posting unsubstantive comments.

It's a very genuine question for how an attorney deals with these businesses? There are countless examples of startups breaking the law at mass scale (Uber, etc) and getting away with it. Sorry that asking difficult questions is wasting "community space". Your own profile cites conflict as essential, is asking difficult questions not part of that?

Part of the guidelines you asked me to review is "Assume good faith." Did you assume good faith from my comment?

One of the more recent discussions here was about Medvi, which described many illegal/unethical business practices. https://www.nytimes.com/2026/04/02/technology/ai-billion-dol...

Other examples include Airbnb building a bot poaching listings from Craigslist, Stripe not developing appropriate internal rules to enable fraud and drug transactions, pretty much all crypto exchanges and KYC, etc.

Obviously, payment processors like Stripe do not spring into existence fully formed with mature controls. My question relates partially to how attorneys in this domain handle the risks associated with undeveloped compliance, compliance failures, as well as business models that are diametrically opposing the law.

There is an area that many startups believe is "grey" where they operate outside of legal norms, whether it's to enable growth, lack of appropriate risk controls, etc.

Here, startups may knowingly, or unknowingly break the law related to immigration in order to further their business. That's what my question relates to.

BiteCode_dev•1h ago

Do you see a changing trend in number applications, accepted ones or visa cancellations ?

proberts•1h ago

USCIS is reporting - and we're seeing - much higher RFE and denial rates for EB1A, EB1B, and NIW green card applications and O-1 applications.

pain_perdu•1h ago

I’ve said this before and I’ll say it again: years ago, Peter helped me secure authorization to become employee #1 at one of the most successful AI companies to come out of YC. Without his advice, I honestly don’t think I’d have the career I have today.

Since then, he has guided me and many friends through complex immigration processes, always flawlessly and on time. I’d strongly recommend listening to his advice and considering his services.

proberts•1h ago

Thanks. That's very kind of you. I hope that all is well.

sammyspizza•1h ago

The current administration has made it very hard for tech workers to get perm status. Many larger companies are no longer sponsoring perm applications for workers on h1-bs because it is so difficult to meet the new requirements. Which of the new requirements is the most difficult for companies to meet and have you seen any creative solutions, especially for smaller companies and startups trying to get their H1-B folks on greencard track.

proberts•1h ago

The challenges I see with green card applications now are not with PERM applications (yet) but with EB1A and NIW applications. The primary stumbling blocks for PERM applications are layoffs, which require companies to suspend and pause the PERM process. This is a big issue with big tech because of the constant downsizing over the past couple of years.

HillRat•1h ago

Have there been any meaningful changes in denial rates, processing times, or petitioning processes for L1 visas?

proberts•1h ago

There's a major difference between individual L-1 petitions filed with USCIS and blanket L-1 petitions/visa applications filed with U.S. Consulates abroad, with the former much more challenging than the latter. This is the case now and has been the case for many years. The main change with blanket L-1 petitions/visa applications now is the result of a policy change (put in place about 6 months ago) limiting where an applicant can apply for a visa, essentially, limiting visa applications to the applicant's country of citizenship or legal permanent residence.

mikeyouse•1h ago

Our small company offers a remote paid mentorship for students anywhere in the world - often times, international students in the US want to apply but then there’s substantial confusion on whether they can be paid without jeopardizing their status. The stipends we pay are all 1099 and it’s mostly self-directed work so we’re a bit at a loss in regards to the CPT/OPT qualifications. Many end up forgoing their stipend which sucks for students in an expensive place.

Any thoughts there?

proberts•1h ago

The students should speak with their DSOs (Designated School Officials) because they must have work authorization to get paid whether they're paid by a U.S. or foreign source or paid as a 1099 contractor or W-2 employee. But I don't see why both CPT and pre-completion OPT wouldn't work.

jefftk•1h ago

What are you seeing with the new $100k H1B fee? Is it being applied only to people currently outside the US? Do you have any estimates on whether it's likely to be renewed in September and/or struck down?

proberts•1h ago

It's being applied to those outside the U.S. or those in the U.S. who are ineligible for a U.S.-based change of status or change of employer. This fee primarily has impacted employers seeking to hire people who are outside the U.S. and also limited when people can travel,

kimyanna•1h ago

Hi Peter, have you noticed either increased processing times or denial rates of N400 applications? I know about several people waiting to have a citizenship interview scheduled for 12 months or even longer, this seems out of the ordinary. Thank you!

proberts•1h ago

This is just anecdotal but I haven't seen an increase in denial rates although processing seems to have slowed. Under the previous administration, there was a stated commitment and policy to process N-400s within 6 months. Now, depending on the local USCIS field office, we're seeing processing taking 9-12 months and even longer.

dp33•1h ago

For someone starting law school in Canada who hopes to eventually work as in-house counsel for US-based tech companies or startups, what career paths tend to work best?

Is the common route something like BigLaw (possibly New York) first, then transitioning in-house later, or are there better alternatives?

daxuak•1h ago

Does H1-B really carry that 100k per-case fee? I remember hearing of it, but afterwards also individual stories of people getting H1-B. I don't know them personally unfortunately; not sure whether it was sponsored by not-for-profit research institutes or for-profit companies. I can't imagine this rule being economically feasible for most, though. And if the answer is actually a yes, would the company want to make sure that here's a repayment clause in the contract, e.g. if the worker leaves within X years, he/she will have to refund the company for Y% of this visa fee? Is that even legal?

Related, iirc H1-B has a 6-year limit. Under the current policy what's the path forward if the holder is not ready to adjust their status to PR within the timeframe or not qualified to EB category? O1? But there were a wave of news stories about O1 being abused and I wouldn't be surprised if that was a prelude to major changes to the category.

Just curious. Thanks for making this thread.

proberts•10m ago

Yes, the $100K fee exists and applies under certain circumstances, essentially if the beneficiary is outside the U.S. or ineligible for a change of status or change of employer. Most companies are simply not pursuing H-1B petitions where the $100K fee would apply but there are exceptions.

It's possible to extend H-1B status beyond the 6-year max-out period if the beneficiary is in the green card process. But if the beneficiary isn't in the green card process, then the most common option is the O-1 and while it's getting harder to get an O-1, it's still within reach of many talented professionals and founders.

dwa3592•1h ago

Thanks for doing this.

- How difficult has it become to get O1 for founders compared to say 5 years ago?

-What advice would you have for founders who think they should be able to get O1 once they have a bit of seed money (say YC, 500k) and press coverage?

proberts•1h ago

It's definitely more difficult but well within reach of founders (particularly founders with funding and organic press coverage) and talented professionals. That is, until very recently. It's too early to say whether this is a trend or an aberration but the past few weeks we've seen USCIS apply a different standard, one similar to the EB1A standard. If this is a trend, then I suspect that the RFE and denial rates for O-1s will skyrocket.

garbawarb•1h ago

There's a been a massive jump in EB processing times in the last couple of months, specifically EB3 ROW which is my category. Do you think this quick advancement will continue over the next few months?

iLoveOncall•1h ago

What are the chances of getting back a green card after being out of the country for 4 years? My partner left with the intention to come back soon after, bought a house there as well just before leaving, but then couldn't come back more than a couple of weeks a year for 3 years, and then not at all for the past 4 years.

We're thinking to move back to the US at some point, so having a green card would be the royal road.

Thanks!

proberts•1h ago

It's likely that USCIS will consider her to have abandoned her green card. There are exceptions when the absence was outside the person's control (like during COVID when travel was restricted and risky). It's probably worth it for her to consult with someone about this. The formal path to find out if she's abandoned her green card is by applying for a returning resident visa at a U.S. Consulate in her home country.

motbus3•1h ago

What are your feelings about the current situation?

proberts•1h ago

Sorry. Which situation?

bluegatty•59m ago

Probably the 'current situation' which has seen a radical shift in immigration policies not seen in many decades.

tzsentosa•1h ago

I'm currently on an F-1 STEM OPT got the H1B Lottery. I need to travel in August. If my H1B is approved before my travel date in August, would I be able to keep my 'Change of Status' status if I come back using my F-1 visa? I do not want to trigger the $100k H1B fee if it switches to Consular Processing. Is it risky? Should I stay in the U.S from approval until October 1st?

proberts•1h ago

Historically, travel while in F-1 STEM OPT status after the approval of an H-1B change of status petition and return prior to October 1st would not impact the change of status request. It's not clear how USCIS is going to view this now so given the uncertainty and the repercussions if wrong, we are advising our clients to remain in the U.S. from the time of filing the H-1B petition until October 1st (or even later if the petition isn't approved by then).

tzsentosa•1h ago

Thank you!

dev_throw•1h ago

Can a person be eligible to purchase a ACA health plan in CA if they're on a B2 visa considering they have been in the USA for several years on prior work visas?

I know there are some recent changes with OBBBA that will kick in Jan 2027 but as per my understanding only affect PTCs not ACA eligibility.

proberts•1h ago

Unfortunately, that's a benefits question, not an immigration one, so I'm not in a position to answer. That being said, I believe that your understanding is correct in CA.

dev_throw•1h ago

Ah that makes sense. I appreciate your quick response!

nexus7556•1h ago

Has the chance of being denied entry to the country with an advance parole document increased? Or is that still fairly low risk?

proberts•36m ago

It has increased but the risk is still very low (assuming the AP holder has no issues, such as a criminal record).

garbawarb•1h ago

There's some information online that says if you get an employment-based green card, you must stay at your employer for 6 months after receiving it or else it will cause problems in the future. And others say there's no such rule. Can you clarify if there's any restriction like that and where it comes from?

proberts•47m ago

There's no such rule. The requirement is that the green card applicant must have the intent to work for the sponsoring employer and the sponsoring employer must have the intent to employ the sponsored employee after the employee becomes a green card holder but this isn't inconsistent with finding a great job after getting a green card. This concern typically arises when a green card holder applies to become a citizen but I've never seen this actually be an issue. The concern is even less now with green card portability, which allows green card applicants to change jobs before they receive their green card without jeopardizing their green card applications. The short answer is that it's fine to change jobs soon after getting a green card but still I'd recommend having a quick consultation with an immigration beforehand.

dev_throw•1h ago

It sounds great in theory, but is returning to the USA on an AP nearly as stress free in reality?

I am considering a concurrently filed EB-5 petition and am curious as to what you are noticing of late.

Thank you for doing this AMA, Peter!

proberts•41m ago

It's definitely more stressful and challenging traveling back to the U.S. using an AP but for the most part it's still fine and we are advising clients to continue to travel on their APs but to consult with us/an immigration attorney before their first international trip so they understand what questions they might be asked by CBP when they return.

onetimeusename•1h ago

If someone on H-1B in California gets (ostensibly) terminated via email with the reason being given as money, but the company does not send over final pay stubs and instead wires a lump sum, but not for the full amount (no 401k payments deposited into retirement account and I think at least one paycheck) then asks the person to sign a document agreeing they are not owed any money, what steps should that person take? It seems like the issues are 1) change of visa status needs documentation but also importantly 2) they can't get their spouses insurance without final pay stubs. The company said there were problems with ADP and has been delaying on responses.

proberts•58m ago

Unfortunately, although the person is in H-1B status, this is really an employment law question, not an immigration one, so I'm not in a position to respond.

reisse•1h ago

What is the current status of the DV program? What will happen with last year's quotas?

And another question: has 100k$ requirement on H1Bs make any meaningful impact on applications count (e. g. to remove the lottery)?

moffers•55m ago

Maybe a little broad. I have co-founders who are interested in emigrating to the USA, hoping our company could be a boon to the process. Is it?

proberts•45m ago

There still are multiple visa options for founders (E-1. E-2, L-1, and O-1) and additional options if they are from certain countries (E-3, H-1B1, and TN) so they should consult with an immigration to determine the best path forward.

righthand•51m ago

Does working for a company that actively invests and produces surveillance startups that hurt legal immigration and help dissolve the protections of the 4th, 6th, 10th, and 14th Amendments for citizens and peoples within the country cause you any mental anguish?

lbrito•50m ago

I've had a B1/B2 for almost 10 years and went to the US many times for conferences, interviews and company get-togethers. I've never had issues at the airport. I might have to travel again for another company meetup. I'm hesitant to do so out of fear of being imprisoned in a random concentration camp with no explanation. What are the chances of that nightmare scenario happening and have you dealt with clients in that situation?

proberts•34m ago

As long as the purpose falls within permissible B-1/B-2 activities and it's clear that you will be returning home after the completion of this purpose, then the risk is very low. That being said, if you have traveled a lot to the U.S., then I'd recommend consulting with an immigration attorney before traveling.

blobbers•49m ago

I have a GC but it is about to expire this summer. If I apply for citizenship, can I still travel? Do I need to apply to extend my GC as well?

proberts•37m ago

Yes, the processes are separate so you will need to apply for a new green card to be able to travel internationally but after you apply, you should be able to travel on your green card renewal application receipt notice (along with your expired green card).

bedobi•47m ago

I switched from e3 (NOT eb3) to h1b and then they did the $100k eo, so it doesn't feel like a good idea to remain on h1b.

Now, my us citizen spouse and I are filing a spouse based green card application. (of course, we also filed for EA and AP)

Anything you can tell us about how long it might take, how many requests for extra documents they might ask for? (I understand you haven't seen our application, to our minds it's very thorough, like 400 pages, but yeah, in all generality)

Thank you Peter!

proberts•27m ago

Even now, marriage-based green card applications are quick and easy. Because almost always they end in an interview at a local USCIS field office, the timing depends in part on the volume and efficiency of that local office but we are seeing most marriage-based green card applications approved within 6 months, regardless of the location. Requests for additional evidence in the marriage-based green card context are rare and when they happen are usually easy to address.

Hendrikto•18m ago

That 6 months is considered “quick and easy” says a lot.

mc32•14m ago

If you compare that to other countries it’s fast and easy.

jjmarr•45m ago

How has AI affected your job and what tools are you using?

What's an ask you'd make to startups in the legal AI space?

Not selling something, but have heard primarily negative sentiments from other lawyers due to hallucination risk.

proberts•30m ago

We're not using AI much at all. We're using it a bit to search and organize documents but not much beyond that. It's almost always a little wrong when responding to immigration-related questions/providing immigration legal advice and a little wrong makes it completely unreliable except as a first step in trying to get answers.

BIGFOOT_EXISTS•42m ago

With all the turbulence around visas, how does the TN visa situation look these days? Is it relatively easy to get a role in the US from Canada? Cheers king!

proberts•39m ago

While there's been some tightening, the TN is still a very good and workable option for Canadian and Mexican citizens, particularly those clearly coming to work in one of the TN occupations and with a clearly related degree.

dev_throw•30m ago

Would having prior valid TNs reduce risk or is there any such notion as having too many TNs? I have heard of this anecdotally but it might have been speculation on their part.

huvverl•33m ago

Hi Peter, Do you believe there is a special place in hell for traitors who 'lower the drawbridge' for hordes of foreigners to pillage and destroy the country his grandfather built; the country he was supposed to defend and improve as the temporary custodian before his own children take the reins? How many pieces of silver does it cost for a man to enthusiastically participate in the displacement and dispossession of his own people? What do you tell yourself to make it feel okay?

lucaslazarus•6m ago

4chan is down the hall and to the left

jitler•3m ago

> How many pieces of silver does it cost for a man to enthusiastically participate in the displacement and dispossession of his own people?

Enough to qualify you for a special island party!

echoangle•26m ago

A bit general but can you talk about immigration law regarding ITAR regulated industries?

If someone is a a EU citizen and wanted to work in aerospace in the US, would that be possible in general?

What kind of visa or green card would they need?

Would they be able to work on everything like a US citizen or are there areas that are restricted?

proberts•7m ago

The short answer is yes but the EU citizen might be restricted in what he or she can do or where he or she can go. We have many clients in ITAR-regulated industries and they routinely hire foreign nationals.

1qaboutecs•24m ago

I never really understood about PERM. Suppose I am a manager on a team and one of my employees is going through the PERM process.

I'm supposed to put out a job advertisement (but the job isn't real) for my employer. If an applicant passes the interview process, I don't have to hire that person (I probably can't - I don't have budget or permission from the organization). But I do have to honestly say if they have all the required skills -- I'm not permitted to say "wouldn't be a culture fit."

Nor do I have to fire my employee. But maybe my employee won't get a green card six years down the road.

1) Do I have any details wrong here? The one time I talked to a law firm about this they more-or-less refused to state the above outright, but answered all questions in this direction. 2) Doesn't this seem disrespectful to, among others, the applicants to the fake job?

proberts•3m ago

I think everyone would agree that the PERM process is an awful process for both applicants and for employers. The job is supposed to be treated as an open position and the recruitment is supposed to be done in good faith. So, if a qualified, willing, able, and available U.S. worker applies for a PERM job, the employer either must hire this person or terminate the PERM process and wait at least 6 months before restarting it. Now, where there are multiple openings for the position, then it's possible for an employer to hire a U.S. worker without terminating the PERM process for the foreign national employee.

harmmonica•17m ago

Not sure if this is too high level, but do you have a "dashboard" of sorts for very high level US immigration stats for tech you could share? Perhaps you have access to a series of charts that show overall visa applications, then broken down by type, the change over time (by year, for instance) and then the approval/denial rates and the change in those rates over time?

You obviously have a front-row seat to how current US immigration policy is impacting tech and so would love to see some high level stats showing the actual change.

proberts•1m ago

I should have that but I don't but I'd be happy to try to answer specific questions about specific visa/green card types.

alsetmusic•12m ago

My partner is a refugee due to her former homeland making her a political prisoner for advocating for democracy on the internet. Her green card was approved in 2023 and she’s been here since 2017. She works full time and has no criminal record (and doesn’t engage in activities to cause a change there).

We are not married, though that could change eif it offers meaningful protection for her. I’m a white guy born in USA. How paranoid is “reasonable” for a guy who predicted that the USA would become a fascist state in my lifetime two years ago and yet has been surprised how rapidly it’s coming true? Any advice? Thank you.

hallole•5m ago

The United States isn't fascist for rejecting open border policies. Your personal desires don't take precedence over the welfare of your country. You ought to leave and live with them.

proberts•36s ago

I'm not sure what you are asking.

lesuorac•1m ago

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

https://news.ycombinator.com/item?id=46164104

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Comments

Ask HN: Who is hiring? (May 2026)

Ask HN: Who wants to be hired? (May 2026)

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

Ask HN: Is there any good open-source alternative to MinIO?

Tell HN: Happy May Day

Ask HN: GitHub flagged my org two weeks ago. No reason given, no appeal response

Tell HN: Claude Opus 4.7 quota suddenly changed to 0 TPM in Bedrock

SlothDB a 5X Faster Alternative to DuckDB, ClickHouse DB

Tell HN: VS Code v1.117.0 automatically adds GitHub Copilot as your co author

Ask HN: Does Claude use 'prior' in a Bayesian sense more than English?

Claude Code dies with ANTHROPIC_API_KEY in cloud environment

What do you think of people buying Mac mini's to run AI?

Tell HN: An app is silently installing itself on my iPhone every day

Ask HN: Rant, Am I bad or is this a company with a poor tech culture?

Claude Pro expired and my $40 in prepaid Extra Usage credits vanished

Tell HN: An update from the new Tindie team

Ask HN: Anyone feel like they're just opting out of tech these days?

Ask HN: Is AI resulting in net revenue gain for non-tech companies?

Claude.ai down again?

What do you want to see in a next-generation GitHub in the age of AI?

Ask HN: Is Anybody Using Codex?

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Tell HN: Claude 4.7 is ignoring stop hooks

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Ask HN: Recommended Gemini CLI extensions/skills for token consumption

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