I went through CBP twice in the span of 20 hours. I was granted entry once and denied the second time. The second time, I had to sign some electronic pad and later a form (I-275) was given to me. Did I have the option not to sign? And is this contradictory decision in span of 20 hours legally OK?
Below are some more details:
At Toronto Pearson (Terminal 3) on December 1-2, 2025, I went through CBP twice and the first time I was granted entry and second time denied. I am a dual Canadian-Iranian citizen. On day one I was given a detailed biographical form, questioned repeatedly about my purpose of travel (Conference), employment, etc and especially about any Iranian military service. I provided old passports and a university transcript showing that I have not been in Iran since 2019 and prior to that I was studying in the university. They also explicitly questioned me about a prior incident in which Canadian police claimed an explosive trace ("Tetryl") on me, which I disputed as an error. CBP took my belongings (backpack, watch, wallet, phone), conducted a body inspection in another room (through search, hands inside my pants followed by groin search) took my fingerprints multiple times and took my phone after requiring the pass code and it was out of my possession for about an hour. After several hours they told me I was "negative" but by then my flight had departed. I was given only a piece of paper with CBP stamp. Since there was no flight for my airline for the rest of the day, I was brought back to the Canadian side. The day after, I went through CBP again and when I showed them their paper with stamp I was told "we are not going to take your word for it" and the full process happened again (although no body check or phone check this time). A different officer then stated that my documents were not sufficient to prove I had not done military service in Iran and that I now needed an official exemption letter or something similar from Iranian authorities. He added that I should have been "advised differently" the night before. Finally, my picture was taken and I was asked to sign on a pad twice. Only afterward did they print and hand me a form (I-275) showing a withdrawal of my application. I was escorted back to the Canadian side. Did I have the option not to sign? If in future I decide to visit US is this going to be held against me? I can provide more details or the form if necessary.
I work for an American company and I am based in Europe. I visit the US for work every now and then. I heard a lot of horror stories regarding border entries. If I am ever in a situation where the border police asks for access to my personal phone and pin code, what are my options? Can I refuse and what happens then?
Border Patrol can wait longer than you want to wait at the airport, you should not bring your personal phone if you don't want them going through all the contents, they can hold your device for an inconvenient amount of time if you are an American citizen. If you say no and are not an American citizen you can be denied entry at the airport and sent home.
That doesn't mean they can't deny you entry. It means you might win a court case some day.
ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission.
"Knowing your rights" is meaningless if the public chooses to vote for people who don't care about those rights, and celebrate when you do not get your rights.
It doesn't matter what the paper says, it matters what CBP feels like doing, and what their management lets them get away with. The constitution is just a magic circle we all agree to play in, and isn't real if enough people disregard it.
If the border agent doesn't want you to come into the country, you are fucked. Nobody's job is to get between that agent and you and ensure the border agent follows the law on the paper, and the border agent will not go to jail or even lose their job for completely ignoring the law.
> If the border agent doesn't want you to come into the country, you are fucked.
You are seriously inconvenienced, but assuming your paperwork is in order, you will be allowed into the US. This isn't just against US law, it's a violation of international law to render a person stateless.
This ignores the real point, which is that while you cannot be refused entry to the United States, you can be arrested at the border. ICE these days has mastered the art of making people's detainment so uncomfortable that even those with a right to be in this country end up deciding to leave.
Why would ICE leave the number as low as "70%" if they could be higher? Every illegal alien is a criminal as far as the law is concerned. Every illegal alien arrested is "charged with a crime". Otherwise ICE is openly stating to its supporters that they arrest illegal aliens and then release them, something their supporters are vocally against, and the administration believes and claims to be a serious problem.
A direct reading of ICE's claims (that seem to be contrary to information obtained through FOIA?) is that 70% of the people they arrest are criminals, which by their own definitions, would imply 30% of the people they arrest are not illegally here, but that's reading between the lines and it's hard to lend any credence to anything said by an administration that treats public statements as a fun gaslighting game.
But essentially, if ICE COULD claim everyone they arrest is an illegal alien (and literally a criminal they are legally allowed to arrest and deport), why wouldn't they?
The only relevant part from that document is this line from page 33: "Foreign visitors have the fewest rights... if a foreign visitor
refuses a border agent’s demand to unlock their digital device, provide the device
password, or provide social media information, and the agent responds by denying
entry, the foreign visitor may have little legal recourse."
One of the latest tricks is that if you have social media accounts yet no social media apps or accounts are loaded on your phone, or your phone appears to be a burner phone, they'll ask you why you didn't bring your main, primary phone.
So your "burner phone" needs to be your primary phone, which is something that is hard to go back in time to fix.
This sounds like a rumor to me. Plenty of people (including me) have no social media presence (unless you count HN as social media). How do you know that the person on whatevergram with the same name is me?
I always traveled with a feature phone and a travel laptop with just work stuff on it when going to the us. Nothing personal like email or other stuff on me.
I am a native citizen currently watching my first child grow up without me while my wife waits in line for her nearly 2-year-long immigration process. Every attempt to expedite her processing has been denied, even during Typhoons where she loses power and access to hospitals. I feel forgotten, and cast aside by the system - like my family situation is inconsequential and undeserving.
Is there really nothing native citizens like me can do to get our family here outside waiting in a generic line with everyone else in the world?
That doesn't make any sense. I'd need to know all the facts to advise. Please send me an email to schedule a call (proberts@robertsimmigration.com). Which Consulate is she applying through?
Could you please help with any insights about the social media vetting rules? This has been a blackbox to the visa applications - started with student visas, now being forced on work visas too from Dec 15th.
That's right, both before US Consulates when applying for visas, before CBP when applying for admission, and before USCIS when applying for a benefit (H-1B, O-1, green card, etc.), social media is being reviewed, not across-the-board but more and more. And there's really no option to keep social media as private if asked to turn to public by a Consular Officer or CBP Officer. The review is broad and not limited to social media that is critical of US policy but extends to a review of an individual's entire background to make sure there were no violations of US immigration law, including unauthorized employment.
CBP actually made me give them my facebook password when entering on a J1 visa in 2017, so I'm surprised to hear so much talk about this. Is it more that the practice of checking social media is more widespread now?
If one didn’t have an account with meta they just wouldn’t get the visa then or how does it work?
Does the government have any direct link to meta re what accounts people actually have. I’m surprised people aren’t up in arms about this, I guess it affects mostly visitors and immigrants but the fact that the government needs to see your activity on a private company’s web app is wild to me.
I don't think you want to try that argument with immigration officials, although it might just keep your incorrect answer from being straight up fraud or willful misrepresentation.
Knowing that, it's crystal clear HN falls strictly within that definition of "social media", although it might not be as clear if you don't know what that particular site is.
Googling 'site:gov "justpaste.it"' also brings endless results of government documents mentioning the site in the context of terrorism.
I somewhat doubt US immigration authorities thwarted any would-be terrorists by asking for their justpaste.it username, but what do I know, perhaps this was an important breakthrough in the global war on terror.
It can be an easy charge of “lying to the government on an official form” when they discover you have a user account somewhere that you didn’t disclose, even if they can’t get anything else to stick.
Based on news, it seems like if you like Donald Trump you may get in. If you don't like him you don't. You may also be jailed for two months for not liking Trump - that's happened a few times and that's why tourism fell off a cliff.
I moved to the USA in 2016 thanks to Peters help and every successful interaction I have had with USCIS since then has been because of his sage advice. You will not find a more knowledgeable or kind adviser than Peter.
A question about TN status for a Canadian living in the US. There are some income-generating things I'd like to do outside of my work visa (play a music gig, upload music to Spotify, act in a movie). My understanding is that I can't do these things in the US. Am I able to do these things if I do them outside of the country, or is there any way to make them work? For example, if I went to Canada, recorded an album, uploaded it, then came back to the US.
Yes, if the activity occurs while you are outside U.S., then you can get paid for it without having to have U.S. work authorization to do it. So, yes, recording an album while outside is fine but it becomes a little more complicated if you are now getting paid for downloads while you are in the U.S.
While I'm inside the US, can I perform work for non-US entities? For example, remotely teaching a music lesson do someone in a different country or writing a book and publishing it abroad but not in the US.
I think a related but separate question would be "Can I do these things if the proceeds are going directly to charity instead of to me?"
I suspect it would be important that any funds never reached you, so you couldn't simply receive money then donate that amount. Playing a charity gig where the receipts go directly to the charity would likely be fine, streaming/Spotify revenue I don't know, acting in a movie might be out of the question if it's being professionally shot because the producer might have insurance or other requirements that only paid performers and crew can be on set, etc.
IIRC from the time I was waiting for employment authorization, I wasn't allowed to do any charity work that could otherwise be a paid position, so be very careful with this charity idea.
Is there a way for someone on h1B to start a company in a roundabout way by doing something like placing company shares into a trust and having a unpaid board seat? Is that pushing luck? Not for me but a friend who I had plans to go into business with but we're facing a chicken or egg problem until she gets a green card or changes her visa status.
There are ways for someone in H-1B status to start a company and not in a roundabout way. The approach will depend in part on whether she will leave her current employer and get an H-1B through her startup, stay with her current employment and get a concurrent part-time H-1B through her startup, or just stay with her current employer and somehow work on her startup.
I'm currently living in the US on TN status and am married to an American. Have you heard of anyone on TN status having difficulty applying for a green card? And do you have any sense of what the wait times currently are, particularly how long until you can get a travel authorization?
They have a green card interview because they married an American. But you can’t get an adjustment of status if you are in violation of your current visa terms.
We've obtained lots of marriage-based green cards for those in TN status. The issue is intent at the time of the most recent entry prior to filing a green card application since the intent at that time cannot be to apply for a green card. Generally speaking, if there's a gap of at least 90 days between entry and filing, USCIS's concern about intent goes away or is at least greatly lessened.
I've got friends who tell me they'd never consider applying for YC because they are on a classic H1B with a tech company. What typically happens with folks on a H1B who make it into YC?
That makes sense ... is there a typical path? Basically - are they right in thinking it's a high risk thing for them or should I encourage them to take a shot?
My understanding is that their time spent on the company before YC accepts them is the biggest risk factor?
What if you have deleted social media accounts? It's possible to state that you had them with whatever identifiers, but do you have to prove their existence in some way so they can check an archive (assuming it was Twitter)?
Hi Peter, thanks as always. It seems that i-131 Reentry Permit processing times are greater than 12 months these days.
If an i-131 is pending, would you advise that person to return briefly to USA before their 1 year date of exit (ensuring that they are never out of USA for greater than 1 year prior to approved i-131)?
Or does a reentry permit allow them to remain out of country for longer than that even if pending (presuming it gets approved)?
If the RP application ultimately gets approved, then it would "protect" that absence of one year that occurred before the issuance of the RP (although the RP validity period will start when it's approved not when it was filed). The reason to still reenter before you are outside for one year has to do with qualifying for naturalization rather than maintaining green card status.
Not Peter but would like to spur discussion on positive changes that could be made.
- Paper-free overhaul of the entire immigration system.
- Green Card recapture [0].
- Country of Birth caps abolished for Green Cards. Impossible to justify this as it doesn't serve the intended purpose since AC21 was passed.
- EAD/AP premium processing - so many livelihoods ruined and immigration journeys derailed because people can't get work authorization or cannot travel.
- TD holders granted working rights incident of status same as L2S.
Now for the not-so-popular suggestions...
- Diversity Lottery - there's bipartisan support to cancel the program and it's really hard to justify bringing almost 55k with a min of high school education into the country.
- Removal of F2B, F3, F4 family based categories to move inline with other developed nations immigration systems such as Canada [1].
> - Country of Birth caps abolished for Green Cards. Impossible to justify this as it doesn't serve the intended purpose since AC21 was passed.
You are saying that since, for example, Indians can remain indeterminately as long as they are employed, they are de facto kind of like in a green card situation already, therefore country caps don't make sense?
That would mean then that every other country wait will go up for over a decade, with all the backlog that India has (1.2M vs 140k EB green cards per year).
Thanks for offering to answer this question. Immigration law is so often an inflammatory topic, but I think your perspective as someone who has to work with the law, the US agencies that enforce it, and the people trying to navigate it could be really valuable.
I've asked this question in a few places but never gotten an answer.
A TN visa/status holder that applies for a EB Green Card by filing form I-485 is considered to have shown immigrant intent and will no longer be granted TN status in the future.
Is this bar permanent or would an applicant who failed to obtain a Green Card or surrendered it in the future be able to seek TN visa/status provided they could prove strong links to Mexico/Canada?
There's no permanent bar but the standard would be high to show with a subsequent TN application that the applicant possessed good faith intent to return to Canada/Mexico. We've argued that successfully.
Thank you again for all the interesting questions and comments. I will be logging off now but checking in again tomorrow for any unanswered questions. Have a great weekend.
In your view, who are the winners and losers of the recent H1B changes? And any changes on your perspective for YC harboring international talent in SF Bay Area?
In the end, the new requirements - really, just the $100K payment for now - are manageable/avoidable and absent this requirement, the rules and their application haven't really changed. The bigger change, which hasn't happened yet, is the across-the-board increase in prevailing wages. And this will have a profound effect on H-1B employment since the increases will be significant.
In the end, it's largely put a stop to H-1B sponsorship of workers outside the U.S. That doesn't mean that all these workers can't get visas to work in the U.S. but other - tougher visas - have to be explored.
Hi Peter, have you been seeing either a slowdown or increased denial rates to N-400 applications (5 year rule)? Just curious if it's more or less business as usual or if there is any impact on N-400 applications (we've heard of the neighborhood checks etc.) Thank you!
It's not business as usual anymore. Clients have shared that interviewing officers have shared that flexibility and leniency in adjudicating N-400 (and green card) applications is over. So officers are taking a much tougher stance on criminal records and extended absences from the US. That being said, applications without any issues are being approved although the approvals are taking longer.
In October, the state department introduced a new policy:
> Applicants for U.S. nonimmigrant visas (NIV) should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence
> Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency.
What sort of proof is required to demonstrate residence? What about cases where an applicant legally has residency in a particular country (e.g. PR card or work visa) but in practice lives in the US as an H-1B/TN/L-1/O-1/etc. worker or H-4/TD/L-2/O-3/etc. dependant? Especially for the dual intent visas?
There's a lot of uncertainty here and the outcome will depend in part on the interpretation by the particular Consulate but my general understanding is that applying in a country where you hold permanent status but where you are not currently living would be risky.
I have recently taken a job with an American based company and will need to complete a few weeks training in Miami. Based on the information they have given me I need a B1 visa and maybe an ESTA since I'm in the UK, and a C-1/D for moving through the US.
However they keep flip flopping between me needing a B1 and me just using my ESTA for the training, and their communication hasn't been the most straight forward. Which visa do I need to get to enter the US for the training?
Whether you present a B-1 visa or ESTA for admission, you will be seeking admission as a business visitor. Under these circumstances, my advice is almost always not to risk a denial of a B-1 visa application (which happens all the time) and to travel on ESTA. The only relative downside is that ESTA limits admission to 90 days. But of course run this all by the company's immigration counsel.
You've stated in a previous comment that non-US citizens can be denied entry to the United States if border officers request access to your phone and you decline to do so.
... but what about when non-US citizens leave the US?
For example, as a Canadian, if I'm down in the US and, on my way back up to Canada, a US border officer requests access to my phone and I decline... what happens then?
This question arises from the current regime's efforts to reverse naturalization.
For anyone who has one US citizen parent and one non-citizen parent, where the citizen parent has passed before the child applicant for naturalization reaches 18 years of age, resulting in the applicant applying for and receiving naturalization as an adult, can that same currently naturalized citizen also obtain natural born citizenship status through the deceased citizen parent and would it be advisable?
If I understand you correctly, you are asking whether the naturalized citizen was a citizen at birth based on his or her father's citizenship. To answer that question, we would need to know when the naturalized citizen was born and the countries where the naturalized citizen's U.S. citizen parent lived from birth until the birth of the naturalized citizen.
How does the Supreme Court’s elimination of Chevron deference affect USCIS’s ability to narrowly interpret the EB-1A regulatory framework, particularly at Step 1 of the Kazarian analysis? I am specifically interested in two areas: (1) whether, under a strict textual reading of the judging the work of others criterion in 8 C.F.R. § 204.5(h)(3), participation in code review where the beneficiary evaluates and approves the technical work of others in the same field should qualify without USCIS applying extra regulatory limitations, and (2) whether USCIS can continue using its historically restrictive approach to comparable evidence under 8 C.F.R. § 204.5(h)(4) now that courts are no longer required to defer to agency interpretations. I understand that even if these issues favor the petitioner at Step 1 they may not change the outcome of the final merits determination under Step 2, and I am trying to determine how a post Chevron, strictly textual approach might influence Step 1 outcomes for petitioners whose achievements do not align neatly with the ten listed criteria.
dear Peter Roberts, your responses have been super helpful. I'm a unlucky position of losing esta for smoking weed once in New York. looking into waiver of inadmissible as you recommended should I get I writing from a therapist before or after o1 application?
Someone studied in the US under a F1 visa and a scholarship. No other substantial income other than that. This person while in the U.S. had to file tax forms, although there was no tax to be paid because this person had no income outside the scholarships. The student finished the studies in, say, October last year and then left the country for his home country. The student graduated and does not intend to return to the U.S.
The educational institution sent the student's home address some tax form that he had to file by April 15, but the former student forgot to do that.
The question is: would the student have problems getting a U.S. visa as a tourist and entering the U.S. several years after that? If yes, how could that be fixed? Thanks in advance.
Pretty sure the best time to file tax-related stuff is before it's due and the second-best time is immediately after you become aware of it. Filing late is almost guaranteed to be better than not filing at all, and if there was no tax due then I suspect there also won't be late filing penalties.
How easily can one get E1 treaty trader visa and what volume and quantity of trade are recommended? If I have a company registered in my home country (eligible country) and have payouts from a US provider like an advertising network, affiliate provider or some marketplace etc. and my clients are all US companies, can I apply for that visa? Would a low six figure yearly revenue with monthly payout be sufficient for that?
There's no minimum amount of trade specified in the regulations and the answer depends in part on other factors (such as how active the foreign and U.S. companies are and whether they employees and funding) but the minimum annual trade is generally understood to be at least $100K/$150K.
Can you have just one US client like a marketplace or network that gives you monthly payouts totalling $150k a year? The client is a famous US based company.
Assuming a US startup is considering engineering hires outside the United States, how does one currently assess the likelihood of getting them a visa to work in the USA? And what timeline and cost would be involved?
Unfortunately, a case by case analysis would be required. However, if they are from a country with its own visa (that is, Australia, Canada, Chile, Mexico, and Chile), it's relatively easy to get engineers visas.
Yes. F-1 students can get H-1B visas. The issue is the $100K payment which applies if the H-1B petition is filed not with a request to change status but with a request to notify a consulate. But if it's filed with and approved as a change of status, then a subsequent H-1B visa application will not trigger the $100K payment.
My H-1B with my current employer expires on Jan 10, 2026 and can’t be extended because I don’t have an I-140. Another startup plans to file my O-1A at the end of December. Can I remain in the U.S. while the O-1A petition is pending?
The regulations and long-standing USCIS policy and practice support remaining in valid status in the U.S. after January 10th as long as the O-1 petition is filed before January 10th. But we are hearing stories of USCIS starting to take a different view and treating someone in that situation as out of status even though the O-1 change of status petition is pending and was timely filed.
Hi Peter, thanks for doing the AMA!
I have a Delaware registered LLC (10 years old), I managed to get even an EIN remotely.
However, I can't open a bank account remotely and so I have just been paying the registered agent fees and Delaware gov taxes for the LLC all these years.
I however, genuinely want to come to the states to open the bank account and actually expand my business into the US.
The LLC hasn't really had any annual meetings/etc. but taxes are always paid on time. How do I use my LLC to apply for a B1/B2 to visit the US?
OR should I just close it and try the normal route? Thanks in advance!
My understanding of the B-1 visa is all you really need is a letter of employment. Might get tricky with you providing the letter of employment to yourself however.
It's going to be difficult to answer this in this forum because really what you are asking is how can you get a B-1/B-2 visa because the existence of a non-operating LLC really has no bearing on that question.
I am planning to move to San Francisco to join the startup ecosystem. Regarding the H-1B visa, what does the current process and timeline look like for a new applicant? Given the lottery constraints, are there specific 'red flags' or common mistakes I should avoid when looking for a sponsor?
The issue right now is that if you are sponsored for an H-1B while outside the U.S., the sponsoring employer will be subject to the additional $100K payment and this of course will dissuade most potential employers.
I'm living in the US on TN status and I'm interested in starting a startup, a subscription-based mobile app. But I have a pending PERM application and leaving my company would mean abandoning the whole thing, which I'm not eager to do. Is there any legal way I could start a startup without having to do that?
Concurrent employment is an option, meaning you could keep your primary full-time TN while getting a concurrent part-time TN. The problem is more that self-employment isn't allowed on the TN.
If you have been outside the U.S. for 2 years without having obtained a reentry permit, then you could be considered to have abandoned your green card. But all isn't necessarily lost. The ability to keep your green card will depend largely on the reason that you were outside the U.S. for 2 years and likely will require you to apply for a returning resident visa.
The subsequent clarifications has significantly lessened the impact since it only applies to those who are the beneficiary of H-1B petitions filed with a request for consular notification rather than with a request to change or extend status. So it has impacted the ability to get H-1Bs for those outside the U.S. but that was always a small number.
In a limited way. Where it has impacted our clients is it has made it much easier for them to get reference letters when reference letters are required. But our basic every day work is largely unaffected by AI. So far.
hey peter, Im on an h1b visa (year 10, have approved i140 and pending gc application). Ive never done an h1b stamping as I was paranoid about being denied. Will doing the stamping now trigger the 100k h1b fee?
Can a US citizen with a foreign spouse bring the spouse to the US on a tourist VISA and adjust status? What if they already filed the i-130 with consular processing?
That could be viewed as fraud at the time of entry under both scenarios. I recommend that you speak with an immigration to come up with a workable plan. Note that if your spouse applies for his or her green card visa (known as an immigrant visa) at a U.S. Consulate, he or she can visit you on a tourist visa for extended periods of time while waiting for the interview at the U.S. Consulate.
Hi Peter, I have a valid h1b visa stamp till 2027 but when my new employer filed for my H1B from outside the US I got an RFE for the 100k. The company lawyers are arguing against fee payment since I has a valid H1B visa stamp. What are my chances of denial?
The subsequent guidance on this question was in conflict and unclear. On the one hand, the guidance indicated that if the beneficiary had a valid visa stamp, then the petitioner wouldn't be subject to the payment but on the other hand, it indicated that if the petitioner selected consular notification, then the petitioner would be subject to the payment. So I think it could go either way.
How can an European Senior SWE land a job, let’s say, SF and have some kind of guarantee regarding the visa before flying into the US.
The 100K cost for the H-1B is so absurd that it crushes any hope of me ever participating in Silicon Valley or any other tech hub in the US. Is the tech alive or are companies just relocating to EU/others?
Do you think H1B visa holders looking to move to a Green Card (in coordination with their employer) should be concerned about rejected applications or other issues?
There is no issue specific to those in H-1B status impacting the ability to get a green card but I would say that it's getting tougher to get green cards in general, particularly through the National Interest Waiver and Extraordinary Ability routes.
Yes. The forms only require disclosure of ownership if it is above 50% so this has made it much easier for international founders (with cofounders) to obtain H-1B status. The challenge comes when ownership exceeds 50%.
Hi Peter, let's play hypotheticals. USMCA (CUSMA) is dead, Trump actually acted on his threat and the US left the treaty.
I assume it means TN visas are dead in six months if the written notice clause is respected.
Is the zombie CUSFTA now out of dormancy? Can we now use the TC visa?
If CUSFTA dies as well, what are the other options and how long does it take to process?
Just my opinion, but I think USMCA dying is massively unlikely. Already there is some resentment in the Republican base for souring ties with Canada (e.g. bourbon producers, tourism) and I do see Canada-US ties moving in an upward trajectory in the recent months. The USMCA is also used by US citizens to work in Canada. And considering how watered down the H1B changes have been, I don’t think this administration has an appetite for materially pissing off coastal hi-tech. At most we’ll see tightened category adjudications.
Early on in this administration, yes, but now, it seems as busy as ever although this latest suspension of immigration processes for those from 19 countries has definitely sent a chill.
Definitely moreso than before but it's not so much about being concerned as being aware. For example, travel to certain countries could trigger aggressive/tough questioning on reentry and certain public comments about the government also could trigger aggressive/tough questioning.
Just a high level question. My youngest son was adopted. He isn't white. He is naturalized. Should we go ahead and renew his passport so he can carry around a passport card at this point(we never got one in the past because they seemed like a waste). It seems crazy but with people being grabbed off the street for being brown, it seems prudent have a quick way to prove citizenship.
It's awful to have to consider these things. But since you ask, he also could carry his naturalization certificate. The other option is to get a Certificate of Naturalization but that's akin to getting a passport.
Hi and thanks for doing this.
I went through CBP twice in the span of 20 hours. I was granted entry once and denied the second time. The second time, I had to sign some electronic pad and later a form (I-275) was given to me. Did I have the option not to sign? And is this contradictory decision in span of 20 hours legally OK?
Below are some more details:
At Toronto Pearson (Terminal 3) on December 1-2, 2025, I went through CBP twice and the first time I was granted entry and second time denied. I am a dual Canadian-Iranian citizen. On day one I was given a detailed biographical form, questioned repeatedly about my purpose of travel (Conference), employment, etc and especially about any Iranian military service. I provided old passports and a university transcript showing that I have not been in Iran since 2019 and prior to that I was studying in the university. They also explicitly questioned me about a prior incident in which Canadian police claimed an explosive trace ("Tetryl") on me, which I disputed as an error. CBP took my belongings (backpack, watch, wallet, phone), conducted a body inspection in another room (through search, hands inside my pants followed by groin search) took my fingerprints multiple times and took my phone after requiring the pass code and it was out of my possession for about an hour. After several hours they told me I was "negative" but by then my flight had departed. I was given only a piece of paper with CBP stamp. Since there was no flight for my airline for the rest of the day, I was brought back to the Canadian side. The day after, I went through CBP again and when I showed them their paper with stamp I was told "we are not going to take your word for it" and the full process happened again (although no body check or phone check this time). A different officer then stated that my documents were not sufficient to prove I had not done military service in Iran and that I now needed an official exemption letter or something similar from Iranian authorities. He added that I should have been "advised differently" the night before. Finally, my picture was taken and I was asked to sign on a pad twice. Only afterward did they print and hand me a form (I-275) showing a withdrawal of my application. I was escorted back to the Canadian side. Did I have the option not to sign? If in future I decide to visit US is this going to be held against me? I can provide more details or the form if necessary.
Hi Peter, thanks for the AMA!
I work for an American company and I am based in Europe. I visit the US for work every now and then. I heard a lot of horror stories regarding border entries. If I am ever in a situation where the border police asks for access to my personal phone and pin code, what are my options? Can I refuse and what happens then?
Border Patrol can wait longer than you want to wait at the airport, you should not bring your personal phone if you don't want them going through all the contents, they can hold your device for an inconvenient amount of time if you are an American citizen. If you say no and are not an American citizen you can be denied entry at the airport and sent home.
Being quickly denied and sent home is the best possibility in that scenario.
If you're on American soil they can just detain you. Or worse.
If you ever want nightmares, read the story of Maher Arar.
You are within your rights to say no but if you say no, almost certainly CBP will assume that you are hiding something and deny you admission.
So basically bring a burner phone.
Can they deny you admission when you are a US citizen?
They can not. Neither US Citizens or Green Card Holders can be denied entry.
Sources: https://www.aclu.org/know-your-rights/what-do-when-encounter...
https://www.aclunc.org/our-work/know-your-rights/know-your-r...
A country can not deny entry to its own citizens.
They can immediately arrest you, however.
But not for not giving them access to your phone.
In America, Europe, etc.
They are not legally entitled to deny you entry.
That doesn't mean they can't deny you entry. It means you might win a court case some day.
ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission.
"Knowing your rights" is meaningless if the public chooses to vote for people who don't care about those rights, and celebrate when you do not get your rights.
It doesn't matter what the paper says, it matters what CBP feels like doing, and what their management lets them get away with. The constitution is just a magic circle we all agree to play in, and isn't real if enough people disregard it.
If the border agent doesn't want you to come into the country, you are fucked. Nobody's job is to get between that agent and you and ensure the border agent follows the law on the paper, and the border agent will not go to jail or even lose their job for completely ignoring the law.
> If the border agent doesn't want you to come into the country, you are fucked.
You are seriously inconvenienced, but assuming your paperwork is in order, you will be allowed into the US. This isn't just against US law, it's a violation of international law to render a person stateless.
This ignores the real point, which is that while you cannot be refused entry to the United States, you can be arrested at the border. ICE these days has mastered the art of making people's detainment so uncomfortable that even those with a right to be in this country end up deciding to leave.
yes sure you can come into america, straight into a holding cell until you hand over your pins/passwords or go back home.
> ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission.
Where are you getting that statistic (honest question)?
I overstated, but it's murky.
https://www.dhs.gov/news/2025/12/05/despite-medias-claims-ic...
Why would ICE leave the number as low as "70%" if they could be higher? Every illegal alien is a criminal as far as the law is concerned. Every illegal alien arrested is "charged with a crime". Otherwise ICE is openly stating to its supporters that they arrest illegal aliens and then release them, something their supporters are vocally against, and the administration believes and claims to be a serious problem.
Meanwhile, the Cato Institute a libertarian think tank, claims they have been leaked far worse data https://www.cato.org/blog/5-ice-detainees-have-violent-convi...
A direct reading of ICE's claims (that seem to be contrary to information obtained through FOIA?) is that 70% of the people they arrest are criminals, which by their own definitions, would imply 30% of the people they arrest are not illegally here, but that's reading between the lines and it's hard to lend any credence to anything said by an administration that treats public statements as a fun gaslighting game.
But essentially, if ICE COULD claim everyone they arrest is an illegal alien (and literally a criminal they are legally allowed to arrest and deport), why wouldn't they?
Flag my claim if appropriate.
I mean, you didn't just overstate, you flat out just made it up. The opposite of "illegal alien" is not "citizen".
I think this EFF document probably provides a more comprehensive answer than what can be provided in a HN comment https://www.eff.org/files/2017/03/10/digital-privacy-border-...
Peter might have good insights on whether the relevant case law has changed since 2017 though.
The only relevant part from that document is this line from page 33: "Foreign visitors have the fewest rights... if a foreign visitor refuses a border agent’s demand to unlock their digital device, provide the device password, or provide social media information, and the agent responds by denying entry, the foreign visitor may have little legal recourse."
Why not just carry a burner phone or buy a blank one and restore it after customs from backup?
One of the latest tricks is that if you have social media accounts yet no social media apps or accounts are loaded on your phone, or your phone appears to be a burner phone, they'll ask you why you didn't bring your main, primary phone.
So your "burner phone" needs to be your primary phone, which is something that is hard to go back in time to fix.
This sounds like a rumor to me. Plenty of people (including me) have no social media presence (unless you count HN as social media). How do you know that the person on whatevergram with the same name is me?
I have a few social accounts, but no apps installed on my primary, 2.5+ year old S21. I prefer to visit via browser (firefox, mostly).
I always traveled with a feature phone and a travel laptop with just work stuff on it when going to the us. Nothing personal like email or other stuff on me.
Can I get an H1b for just 10hr/week like a part time job and be valid status in the US?
I am a native citizen currently watching my first child grow up without me while my wife waits in line for her nearly 2-year-long immigration process. Every attempt to expedite her processing has been denied, even during Typhoons where she loses power and access to hospitals. I feel forgotten, and cast aside by the system - like my family situation is inconsequential and undeserving.
Is there really nothing native citizens like me can do to get our family here outside waiting in a generic line with everyone else in the world?
That doesn't make any sense. I'd need to know all the facts to advise. Please send me an email to schedule a call (proberts@robertsimmigration.com). Which Consulate is she applying through?
Shocked and curious to know why anyone would downvote a story like this.
How has the Section 174 elimination of 5-year amortization for domestic SWE salaries impacted decisionmaking on whether to hire overseas?
Since overseas workers are still subject to 15-year amortizations I'm wondering if people are getting pulled in from Canada.
Those are excellent questions but really more directed to those hiring at tech companies. From my limited perspective, I haven't an impact on hiring.
Could you please help with any insights about the social media vetting rules? This has been a blackbox to the visa applications - started with student visas, now being forced on work visas too from Dec 15th.
That's right, both before US Consulates when applying for visas, before CBP when applying for admission, and before USCIS when applying for a benefit (H-1B, O-1, green card, etc.), social media is being reviewed, not across-the-board but more and more. And there's really no option to keep social media as private if asked to turn to public by a Consular Officer or CBP Officer. The review is broad and not limited to social media that is critical of US policy but extends to a review of an individual's entire background to make sure there were no violations of US immigration law, including unauthorized employment.
CBP actually made me give them my facebook password when entering on a J1 visa in 2017, so I'm surprised to hear so much talk about this. Is it more that the practice of checking social media is more widespread now?
If one didn’t have an account with meta they just wouldn’t get the visa then or how does it work?
Does the government have any direct link to meta re what accounts people actually have. I’m surprised people aren’t up in arms about this, I guess it affects mostly visitors and immigrants but the fact that the government needs to see your activity on a private company’s web app is wild to me.
"I don't use social media" is probably a good answer, it just has to be true.
If they ask you "well, do you use any social media?" You'd presumably have to answer with HN, which maybe doesn't sound all that great :)
You could say you use Y Combinator's news comment board.
HN isn't social media, any more than a bus is a car.
I don't think you want to try that argument with immigration officials, although it might just keep your incorrect answer from being straight up fraud or willful misrepresentation.
I mean, some US govt immigration forms asking for your social media usernames include pastebin sites like "justpaste.it". See for example: https://static.feber.se/article_images/42/10/92/421092_1280....
Knowing that, it's crystal clear HN falls strictly within that definition of "social media", although it might not be as clear if you don't know what that particular site is.
I love how bad that list is.
For what it's worth, the somewhat hilarious reason justpaste.it is on the list is likely that it used to be a favourite of Islamic State terrorists a decade ago. https://www.politico.com/magazine/story/2014/08/islamic-stat...
Googling 'site:gov "justpaste.it"' also brings endless results of government documents mentioning the site in the context of terrorism.
I somewhat doubt US immigration authorities thwarted any would-be terrorists by asking for their justpaste.it username, but what do I know, perhaps this was an important breakthrough in the global war on terror.
It can be an easy charge of “lying to the government on an official form” when they discover you have a user account somewhere that you didn’t disclose, even if they can’t get anything else to stick.
Yes, it did occur to me that there would be no way to verify it. But it felt like it was in my best interest to at least provide something.
You would have to make sure your search footprint supported that. IE - fully private, non-publicly-visible profiles everywhere.
I think the only bit that surprises me is they don't have a back door into Facebook.
I would consider it extremely likely they have some kind of visibility into your data at Meta via Palantir.
Why waste the backdoor on routine screening?
Who says they don't?
And who says that asking for your password is to gain entry?
What are the most common reasons for failing the social media check?
Based on news, it seems like if you like Donald Trump you may get in. If you don't like him you don't. You may also be jailed for two months for not liking Trump - that's happened a few times and that's why tourism fell off a cliff.
> You may also be jailed for two months for not liking Trump - that's happened a few times
Do you have a concrete example story that illustrates this?
Rumeysa Ozturk
I moved to the USA in 2016 thanks to Peters help and every successful interaction I have had with USCIS since then has been because of his sage advice. You will not find a more knowledgeable or kind adviser than Peter.
That's good to hear. Thanks!
A question about TN status for a Canadian living in the US. There are some income-generating things I'd like to do outside of my work visa (play a music gig, upload music to Spotify, act in a movie). My understanding is that I can't do these things in the US. Am I able to do these things if I do them outside of the country, or is there any way to make them work? For example, if I went to Canada, recorded an album, uploaded it, then came back to the US.
Yes, if the activity occurs while you are outside U.S., then you can get paid for it without having to have U.S. work authorization to do it. So, yes, recording an album while outside is fine but it becomes a little more complicated if you are now getting paid for downloads while you are in the U.S.
While I'm inside the US, can I perform work for non-US entities? For example, remotely teaching a music lesson do someone in a different country or writing a book and publishing it abroad but not in the US.
The short answer is no.
I think a related but separate question would be "Can I do these things if the proceeds are going directly to charity instead of to me?"
I suspect it would be important that any funds never reached you, so you couldn't simply receive money then donate that amount. Playing a charity gig where the receipts go directly to the charity would likely be fine, streaming/Spotify revenue I don't know, acting in a movie might be out of the question if it's being professionally shot because the producer might have insurance or other requirements that only paid performers and crew can be on set, etc.
IIRC from the time I was waiting for employment authorization, I wasn't allowed to do any charity work that could otherwise be a paid position, so be very careful with this charity idea.
I got no answer but it sounds really fun what you’re planning to do :)
It's no fun if you legally can't do it...
Just remember, if you want to put your content on youtube be sure you're demonetized by cursing up a storm.
(not real advice. I think.)
Is there a way for someone on h1B to start a company in a roundabout way by doing something like placing company shares into a trust and having a unpaid board seat? Is that pushing luck? Not for me but a friend who I had plans to go into business with but we're facing a chicken or egg problem until she gets a green card or changes her visa status.
There are ways for someone in H-1B status to start a company and not in a roundabout way. The approach will depend in part on whether she will leave her current employer and get an H-1B through her startup, stay with her current employment and get a concurrent part-time H-1B through her startup, or just stay with her current employer and somehow work on her startup.
Hi Peter, thanks for the AMA!
I'm currently living in the US on TN status and am married to an American. Have you heard of anyone on TN status having difficulty applying for a green card? And do you have any sense of what the wait times currently are, particularly how long until you can get a travel authorization?
There was just an article in the NYT where ICE is arresting people at the end of their green card interviews for essentially no reason.
https://www.nytimes.com/2025/11/26/us/trump-green-card-inter...
Those targeted in this article are spouses of US citizens that had entered the US on ESTA and allowed that status to lapse whilst awaiting their AOS.
That was tolerated previously.
It does appear that these arrests have stopped since the NYT article was written.
That’s misinformation. They’re being arrested because they were in the country illegally, usually overstaying a visa: https://www.newsnationnow.com/us-news/immigration/green-card...
They have a green card interview because they married an American. But you can’t get an adjustment of status if you are in violation of your current visa terms.
We've obtained lots of marriage-based green cards for those in TN status. The issue is intent at the time of the most recent entry prior to filing a green card application since the intent at that time cannot be to apply for a green card. Generally speaking, if there's a gap of at least 90 days between entry and filing, USCIS's concern about intent goes away or is at least greatly lessened.
I've got friends who tell me they'd never consider applying for YC because they are on a classic H1B with a tech company. What typically happens with folks on a H1B who make it into YC?
That's hard to respond to other than to say that there are multiple visas that allow participation in accelerators and training programs.
That makes sense ... is there a typical path? Basically - are they right in thinking it's a high risk thing for them or should I encourage them to take a shot?
My understanding is that their time spent on the company before YC accepts them is the biggest risk factor?
No I don't think it's high risk at all because even if the path were something other than H-1B, they always could go back to H-1B.
As a non-lawyer, it seems that you'd have to leave your company to join YC, meaning you'd forfeit your H1B visa.
What if you have deleted social media accounts? It's possible to state that you had them with whatever identifiers, but do you have to prove their existence in some way so they can check an archive (assuming it was Twitter)?
If I understand you correctly, there's no obligation to maintain access to deleted social media accounts or to archive them.
Hi Peter, thanks as always. It seems that i-131 Reentry Permit processing times are greater than 12 months these days.
If an i-131 is pending, would you advise that person to return briefly to USA before their 1 year date of exit (ensuring that they are never out of USA for greater than 1 year prior to approved i-131)?
Or does a reentry permit allow them to remain out of country for longer than that even if pending (presuming it gets approved)?
If the RP application ultimately gets approved, then it would "protect" that absence of one year that occurred before the issuance of the RP (although the RP validity period will start when it's approved not when it was filed). The reason to still reenter before you are outside for one year has to do with qualifying for naturalization rather than maintaining green card status.
Suppose you could wave a magic wand and change US immigration law in any way you like. What changes would you make?
Not Peter but would like to spur discussion on positive changes that could be made.
- Paper-free overhaul of the entire immigration system.
- Green Card recapture [0].
- Country of Birth caps abolished for Green Cards. Impossible to justify this as it doesn't serve the intended purpose since AC21 was passed.
- EAD/AP premium processing - so many livelihoods ruined and immigration journeys derailed because people can't get work authorization or cannot travel.
- TD holders granted working rights incident of status same as L2S.
Now for the not-so-popular suggestions...
- Diversity Lottery - there's bipartisan support to cancel the program and it's really hard to justify bringing almost 55k with a min of high school education into the country.
- Removal of F2B, F3, F4 family based categories to move inline with other developed nations immigration systems such as Canada [1].
[0] - https://www.fwd.us/news/green-card-recapture
[1] - https://www.canada.ca/en/immigration-refugees-citizenship/se...
> - Country of Birth caps abolished for Green Cards. Impossible to justify this as it doesn't serve the intended purpose since AC21 was passed.
You are saying that since, for example, Indians can remain indeterminately as long as they are employed, they are de facto kind of like in a green card situation already, therefore country caps don't make sense?
That would mean then that every other country wait will go up for over a decade, with all the backlog that India has (1.2M vs 140k EB green cards per year).
It should be done in tandem with GC recapture or possibly a single one off Bill to clear backlogged applicants.
Good question. There's so much I would change. I'll give this some thought and respond later today.
Looking forward to this answer!
Many of the absurdities of the US immigration system exist for good reasons and it would be great to understand the nuances.
Thanks for offering to answer this question. Immigration law is so often an inflammatory topic, but I think your perspective as someone who has to work with the law, the US agencies that enforce it, and the people trying to navigate it could be really valuable.
I've asked this question in a few places but never gotten an answer.
A TN visa/status holder that applies for a EB Green Card by filing form I-485 is considered to have shown immigrant intent and will no longer be granted TN status in the future.
Is this bar permanent or would an applicant who failed to obtain a Green Card or surrendered it in the future be able to seek TN visa/status provided they could prove strong links to Mexico/Canada?
There's no permanent bar but the standard would be high to show with a subsequent TN application that the applicant possessed good faith intent to return to Canada/Mexico. We've argued that successfully.
Thank you.
Thank you again for all the interesting questions and comments. I will be logging off now but checking in again tomorrow for any unanswered questions. Have a great weekend.
Thanks for having another round?
In your view, who are the winners and losers of the recent H1B changes? And any changes on your perspective for YC harboring international talent in SF Bay Area?
In the end, the new requirements - really, just the $100K payment for now - are manageable/avoidable and absent this requirement, the rules and their application haven't really changed. The bigger change, which hasn't happened yet, is the across-the-board increase in prevailing wages. And this will have a profound effect on H-1B employment since the increases will be significant.
Thanks for the AMA Peter!
What impacts are you seeing as a result of the $100K H-1B fee which took effect on 9/21/25?
In the end, it's largely put a stop to H-1B sponsorship of workers outside the U.S. That doesn't mean that all these workers can't get visas to work in the U.S. but other - tougher visas - have to be explored.
Hi Peter, have you been seeing either a slowdown or increased denial rates to N-400 applications (5 year rule)? Just curious if it's more or less business as usual or if there is any impact on N-400 applications (we've heard of the neighborhood checks etc.) Thank you!
It's not business as usual anymore. Clients have shared that interviewing officers have shared that flexibility and leniency in adjudicating N-400 (and green card) applications is over. So officers are taking a much tougher stance on criminal records and extended absences from the US. That being said, applications without any issues are being approved although the approvals are taking longer.
In October, the state department introduced a new policy:
> Applicants for U.S. nonimmigrant visas (NIV) should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence
> Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency.
What sort of proof is required to demonstrate residence? What about cases where an applicant legally has residency in a particular country (e.g. PR card or work visa) but in practice lives in the US as an H-1B/TN/L-1/O-1/etc. worker or H-4/TD/L-2/O-3/etc. dependant? Especially for the dual intent visas?
There's a lot of uncertainty here and the outcome will depend in part on the interpretation by the particular Consulate but my general understanding is that applying in a country where you hold permanent status but where you are not currently living would be risky.
I have recently taken a job with an American based company and will need to complete a few weeks training in Miami. Based on the information they have given me I need a B1 visa and maybe an ESTA since I'm in the UK, and a C-1/D for moving through the US.
However they keep flip flopping between me needing a B1 and me just using my ESTA for the training, and their communication hasn't been the most straight forward. Which visa do I need to get to enter the US for the training?
Whether you present a B-1 visa or ESTA for admission, you will be seeking admission as a business visitor. Under these circumstances, my advice is almost always not to risk a denial of a B-1 visa application (which happens all the time) and to travel on ESTA. The only relative downside is that ESTA limits admission to 90 days. But of course run this all by the company's immigration counsel.
You've stated in a previous comment that non-US citizens can be denied entry to the United States if border officers request access to your phone and you decline to do so.
... but what about when non-US citizens leave the US?
For example, as a Canadian, if I'm down in the US and, on my way back up to Canada, a US border officer requests access to my phone and I decline... what happens then?
This question arises from the current regime's efforts to reverse naturalization.
For anyone who has one US citizen parent and one non-citizen parent, where the citizen parent has passed before the child applicant for naturalization reaches 18 years of age, resulting in the applicant applying for and receiving naturalization as an adult, can that same currently naturalized citizen also obtain natural born citizenship status through the deceased citizen parent and would it be advisable?
If I understand you correctly, you are asking whether the naturalized citizen was a citizen at birth based on his or her father's citizenship. To answer that question, we would need to know when the naturalized citizen was born and the countries where the naturalized citizen's U.S. citizen parent lived from birth until the birth of the naturalized citizen.
How does the Supreme Court’s elimination of Chevron deference affect USCIS’s ability to narrowly interpret the EB-1A regulatory framework, particularly at Step 1 of the Kazarian analysis? I am specifically interested in two areas: (1) whether, under a strict textual reading of the judging the work of others criterion in 8 C.F.R. § 204.5(h)(3), participation in code review where the beneficiary evaluates and approves the technical work of others in the same field should qualify without USCIS applying extra regulatory limitations, and (2) whether USCIS can continue using its historically restrictive approach to comparable evidence under 8 C.F.R. § 204.5(h)(4) now that courts are no longer required to defer to agency interpretations. I understand that even if these issues favor the petitioner at Step 1 they may not change the outcome of the final merits determination under Step 2, and I am trying to determine how a post Chevron, strictly textual approach might influence Step 1 outcomes for petitioners whose achievements do not align neatly with the ten listed criteria.
dear Peter Roberts, your responses have been super helpful. I'm a unlucky position of losing esta for smoking weed once in New York. looking into waiver of inadmissible as you recommended should I get I writing from a therapist before or after o1 application?
should it be d3 or i601?
Someone studied in the US under a F1 visa and a scholarship. No other substantial income other than that. This person while in the U.S. had to file tax forms, although there was no tax to be paid because this person had no income outside the scholarships. The student finished the studies in, say, October last year and then left the country for his home country. The student graduated and does not intend to return to the U.S.
The educational institution sent the student's home address some tax form that he had to file by April 15, but the former student forgot to do that.
The question is: would the student have problems getting a U.S. visa as a tourist and entering the U.S. several years after that? If yes, how could that be fixed? Thanks in advance.
Pretty sure the best time to file tax-related stuff is before it's due and the second-best time is immediately after you become aware of it. Filing late is almost guaranteed to be better than not filing at all, and if there was no tax due then I suspect there also won't be late filing penalties.
Yes, unresolved tax issues can cause U.S. immigration problems.
How easily can one get E1 treaty trader visa and what volume and quantity of trade are recommended? If I have a company registered in my home country (eligible country) and have payouts from a US provider like an advertising network, affiliate provider or some marketplace etc. and my clients are all US companies, can I apply for that visa? Would a low six figure yearly revenue with monthly payout be sufficient for that?
There's no minimum amount of trade specified in the regulations and the answer depends in part on other factors (such as how active the foreign and U.S. companies are and whether they employees and funding) but the minimum annual trade is generally understood to be at least $100K/$150K.
Can you have just one US client like a marketplace or network that gives you monthly payouts totalling $150k a year? The client is a famous US based company.
I know this is a general question, but:
Assuming a US startup is considering engineering hires outside the United States, how does one currently assess the likelihood of getting them a visa to work in the USA? And what timeline and cost would be involved?
Unfortunately, a case by case analysis would be required. However, if they are from a country with its own visa (that is, Australia, Canada, Chile, Mexico, and Chile), it's relatively easy to get engineers visas.
Is there clarity right now around foreign students attempting to obtain h1bs in the future?
Yes. F-1 students can get H-1B visas. The issue is the $100K payment which applies if the H-1B petition is filed not with a request to change status but with a request to notify a consulate. But if it's filed with and approved as a change of status, then a subsequent H-1B visa application will not trigger the $100K payment.
My H-1B with my current employer expires on Jan 10, 2026 and can’t be extended because I don’t have an I-140. Another startup plans to file my O-1A at the end of December. Can I remain in the U.S. while the O-1A petition is pending?
The regulations and long-standing USCIS policy and practice support remaining in valid status in the U.S. after January 10th as long as the O-1 petition is filed before January 10th. But we are hearing stories of USCIS starting to take a different view and treating someone in that situation as out of status even though the O-1 change of status petition is pending and was timely filed.
Hi Peter, thanks for doing the AMA! I have a Delaware registered LLC (10 years old), I managed to get even an EIN remotely. However, I can't open a bank account remotely and so I have just been paying the registered agent fees and Delaware gov taxes for the LLC all these years. I however, genuinely want to come to the states to open the bank account and actually expand my business into the US. The LLC hasn't really had any annual meetings/etc. but taxes are always paid on time. How do I use my LLC to apply for a B1/B2 to visit the US?
OR should I just close it and try the normal route? Thanks in advance!
But you _can_ open a bank account remotely for a DE LLC. Both Wise and Mercury supported this for years.
My understanding of the B-1 visa is all you really need is a letter of employment. Might get tricky with you providing the letter of employment to yourself however.
It's going to be difficult to answer this in this forum because really what you are asking is how can you get a B-1/B-2 visa because the existence of a non-operating LLC really has no bearing on that question.
Hi Peter, thanks for your time :)
I am planning to move to San Francisco to join the startup ecosystem. Regarding the H-1B visa, what does the current process and timeline look like for a new applicant? Given the lottery constraints, are there specific 'red flags' or common mistakes I should avoid when looking for a sponsor?
The issue right now is that if you are sponsored for an H-1B while outside the U.S., the sponsoring employer will be subject to the additional $100K payment and this of course will dissuade most potential employers.
I'm living in the US on TN status and I'm interested in starting a startup, a subscription-based mobile app. But I have a pending PERM application and leaving my company would mean abandoning the whole thing, which I'm not eager to do. Is there any legal way I could start a startup without having to do that?
Concurrent employment is an option, meaning you could keep your primary full-time TN while getting a concurrent part-time TN. The problem is more that self-employment isn't allowed on the TN.
Can a person on a nonimmigrant visa file for patent unrelated to the employer?
I have green card and last time I left is 2 years ago, How can I return back to the US?
If you have been outside the U.S. for 2 years without having obtained a reentry permit, then you could be considered to have abandoned your green card. But all isn't necessarily lost. The ability to keep your green card will depend largely on the reason that you were outside the U.S. for 2 years and likely will require you to apply for a returning resident visa.
Thanks for the AMA Peter!
Do you think there are risks involved with leaving (and hence returning to) the country on a Green Card?
I don't but a quick discussion with an immigration attorney to make sure that there are no hidden issues probably isn't a bad idea.
Thanks for the response, greatly appreciated!
How serious is/was this whole $100k for H1-B applications? How has this impacted the hiring process?
The subsequent clarifications has significantly lessened the impact since it only applies to those who are the beneficiary of H-1B petitions filed with a request for consular notification rather than with a request to change or extend status. So it has impacted the ability to get H-1Bs for those outside the U.S. but that was always a small number.
How has AI impacted your profession?
In a limited way. Where it has impacted our clients is it has made it much easier for them to get reference letters when reference letters are required. But our basic every day work is largely unaffected by AI. So far.
hey peter, Im on an h1b visa (year 10, have approved i140 and pending gc application). Ive never done an h1b stamping as I was paranoid about being denied. Will doing the stamping now trigger the 100k h1b fee?
No since the underlying H-1B petition was filed and approved before this $100K payment provision went into effect.
thank you!
Can a US citizen with a foreign spouse bring the spouse to the US on a tourist VISA and adjust status? What if they already filed the i-130 with consular processing?
That could be viewed as fraud at the time of entry under both scenarios. I recommend that you speak with an immigration to come up with a workable plan. Note that if your spouse applies for his or her green card visa (known as an immigrant visa) at a U.S. Consulate, he or she can visit you on a tourist visa for extended periods of time while waiting for the interview at the U.S. Consulate.
Thanks for the info. Tricky situation because we have a kid who has dual citizenship, and we are not in the US, but want to move back.
Has the current administration made it harder to qualify for an o1 visa?
A bit but not significantly so.
Hi Peter, I have a valid h1b visa stamp till 2027 but when my new employer filed for my H1B from outside the US I got an RFE for the 100k. The company lawyers are arguing against fee payment since I has a valid H1B visa stamp. What are my chances of denial?
The subsequent guidance on this question was in conflict and unclear. On the one hand, the guidance indicated that if the beneficiary had a valid visa stamp, then the petitioner wouldn't be subject to the payment but on the other hand, it indicated that if the petitioner selected consular notification, then the petitioner would be subject to the payment. So I think it could go either way.
Is it normal for incubators to ask founding engineers to come over on tourist visas?
I'm not sure about that being a requirement but participation in an accelerator/incubator while in the U.S. as a business visitor is fine and common.
Hi Peter, thank you for doing this AMA.
How can an European Senior SWE land a job, let’s say, SF and have some kind of guarantee regarding the visa before flying into the US.
The 100K cost for the H-1B is so absurd that it crushes any hope of me ever participating in Silicon Valley or any other tech hub in the US. Is the tech alive or are companies just relocating to EU/others?
We are in the Nordics. Do we stand a chance at PR or citizenship in the US?
I'm not sure I understand what you are asking.
Thanks for answering questions!
Do you think H1B visa holders looking to move to a Green Card (in coordination with their employer) should be concerned about rejected applications or other issues?
There is no issue specific to those in H-1B status impacting the ability to get a green card but I would say that it's getting tougher to get green cards in general, particularly through the National Interest Waiver and Extraordinary Ability routes.
Thank you for all your questions and comments. I'll be taking take a short break.
Have you handled cases/seen outcomes of self employed founders' H1B applications under the new rule?
Yes. The forms only require disclosure of ownership if it is above 50% so this has made it much easier for international founders (with cofounders) to obtain H-1B status. The challenge comes when ownership exceeds 50%.
What about exactly 50%?
Yes im referring to cases when the founder has >50% or in fact 100%.
Curious how the statistics/success rates are looking?
Hi Peter, let's play hypotheticals. USMCA (CUSMA) is dead, Trump actually acted on his threat and the US left the treaty.
I assume it means TN visas are dead in six months if the written notice clause is respected.
Is the zombie CUSFTA now out of dormancy? Can we now use the TC visa? If CUSFTA dies as well, what are the other options and how long does it take to process?
I don't CUSFTA would immediately go into effect again. I believe Congress and the President would need to act to revive it.
If this happened would existing TNs still be valid till their end date?
Typically, a benefit once granted (unless improperly granted) can't be taken away.
Just my opinion, but I think USMCA dying is massively unlikely. Already there is some resentment in the Republican base for souring ties with Canada (e.g. bourbon producers, tourism) and I do see Canada-US ties moving in an upward trajectory in the recent months. The USMCA is also used by US citizens to work in Canada. And considering how watered down the H1B changes have been, I don’t think this administration has an appetite for materially pissing off coastal hi-tech. At most we’ll see tightened category adjudications.
What if I am selected in YC but i don't have us visa?
That's a question for YC because if I understand you correctly, you are asking if you can participate in YC without being in the U.S.
Are you noticing any contraction (or increase) of immigration?
Early on in this administration, yes, but now, it seems as busy as ever although this latest suspension of immigration processes for those from 19 countries has definitely sent a chill.
Were those 19 countries a significant source of work in the system?
What's the best way for a lawyer more familiar with other parts of the law to break into immigration?
Join AILA, attend AILA local chapter meetings, and attend the annual AILA conference. And get a mentor if possible.
Should individuals on a green card be concerned about anything, such as criticizing this administration?
Definitely moreso than before but it's not so much about being concerned as being aware. For example, travel to certain countries could trigger aggressive/tough questioning on reentry and certain public comments about the government also could trigger aggressive/tough questioning.
Anything notable about Ukrainians? Especially since Trump's inauguration?
Just a high level question. My youngest son was adopted. He isn't white. He is naturalized. Should we go ahead and renew his passport so he can carry around a passport card at this point(we never got one in the past because they seemed like a waste). It seems crazy but with people being grabbed off the street for being brown, it seems prudent have a quick way to prove citizenship.
It's awful to have to consider these things. But since you ask, he also could carry his naturalization certificate. The other option is to get a Certificate of Naturalization but that's akin to getting a passport.
I’m not white (and never have been). Haven’t yet been “grabbed off the street for being brown.”
I've never been murdered either. Good to know that doesn't happen at all.
What do you consider the probability that there will ever be free elections in the US again? Please answer with a value between 0 and 1.
I'll get back to you after the midterms.