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

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May 16, 2025 - 15:45

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

There has been a bunch of chatter in Canadian founders whatsapp groups about people getting detained for long periods of time coming into the states either at SFO or pre-clear in Canada. Are you advising Canadians travel with any additional documentation these days?

miotintherain 3 minutes ago

Hi Peter, thanks for doing this AMA.

I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give your phone and password. Also, what happens if you refuse to do so? Is the worst case scenario that they will send you back to where you came from?

buzer 3 minutes ago

Do L1B visa holders have reasonable chance of getting compelling circumstances EAD if their visa date isn't current for EB-3? I'm wondering if I should suggest that option for HR when they file the I-140 (or after if it's approved, whatever the process is).

galonk 11 minutes ago

Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks "Are you legally entitled to work in the US?". Am I meant to answer yes or no to that?

truthseeker006 5 minutes ago

Hi Peter! Thank you for this!! A while back, ~10 months, I was rejected from a B1 visa in the US. However, I have now secured admission from Stanford and would need to apply for an F1 visa. What can I do to make my case strong and ensure that the previous visa application does not affect my current F1 process?

blackhaj7 12 minutes ago

Thanks for this Peter!

I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan)

What are my options if I was laid off/company went under/perm cert rejected?

How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?

Unfortunately, if you get laid off while in L-1B status before you are able to file an I-485 application, which is the last step in the green card process, you would need get no benefit from the PERM/green card process and would need to take an action within 60 days of the end of your employment to be able to remain in the U.S., by filing some type of application with USCIS. PERM processing is still really slow, over a year, but I'm seeing some indications that this might improve.

iamcreasy 10 minutes ago

Thanks for the AMA.

Recent change to H1B allow organizations that conduct research "as a fundamental activity" to be eligible for cap exemption status. Can you kindly share your opinion on this?

Do the startups you work with fit this criteria?

RyanOD 19 minutes ago

If possible, I'd like to hear about your typical day/week of work (is anything "typical" in your line of work?). Thanks!

Edit: Typo

For me, I have about 15 30-minute calls each day with existing and potential clients during which we discuss their chances of getting temporary work visas or green cards and issues around international travel. The rest of the time, I'm reviewing applications and responding to emails from staff and clients. It sounds pretty mundane but despite the stresses of the job and the challenges associated with the new administration, I still really enjoy what I do because I have a wonderful team and I get to interact with really smart people doing super interesting things and help them realize their dream of living and working in the U.S.

narenkeshav 3 minutes ago

Hey Peter,

On average, min and max - how many H1Bs do a Seed/Series A,B startups have?

From your experience.

Thank you for your time, Naren

makestuff 7 minutes ago

As someone who is a US Citizen, what is something about the immigration process that I probably do not know about, but causes a lot of issues/could be improved.

pctTCRZ52y 22 minutes ago

Are the current policies in the US making it noticeably more difficult for you to secure work visas for your clients?

Not yet. The main changes that we're seeing are with CBP at the ports of entry. CBP is being much more aggressive in questioning those seeking admission, including searching electronic devices and even detaining applicants. But nearly all our filings are still getting approved.

Detrytus 13 minutes ago

Does being "busted" by Customs (i.e. carrying some items that should be declared, but going, and being pulled of from "Nothing to declare" lane) affects admission to the US at all?

I was let go with just a warning for my "offense", but still the customs officer took my passport and make some note in the system. Should I expect secondary inspection next time I cross the border?

Yes, you probably will be pulled into secondary again but you should be able to get this cleared up in connection with future travel by filing a "complaint" with DHSTRIP. But you should only submit a complaint if and when it happens again; you shouldn't submit one preemptively now.

tempfile 15 minutes ago

Is asking about Recurse Center on-topic? I wanted to apply, but I genuinely don't consider it safe to travel to the US. As far as I can tell there is no comparable bootcamp-style retreat in EU :(

0xy 22 minutes ago

I'm moving to the US on a K1 visa, is it possible to expedite an EAD on the basis of a job offer in an AI field?

Expedites are available for all USCIS filings and while it's worth it to request it here, your reason isn't like to meet the expedite requirements, which are listed on the USCIS website.

bmink 7 minutes ago

If you were an immigrant with legal status who lives in the US, would you feel OK traveling? What precautions would you take, what information would you memorize?

[flagged]

Don’t you have to be guilty of a crime to be sent down there?

For the vast majority of people who violate their visas, they simply get sent to their home country. If you’re willing to remain in your home country out of fear of US policies, it’s very likely your home country would take you back and not disown you.