I’m a Canadian software developer who’d like to join an American startup so naturally I’ve been applying to a bunch of jobs. More specifically, I’m looking to go with TN visa.

In most job applications, I need to answer the two following questions 1) Are you legally authorized to work in the US? and 2) Will you now or in the future require sponsorship? I’m looking for advice on how I should be answering these questions.

For example, I believe I should technically be answering NO to 1) and YES to 2), but I’m slightly unsure about this.

I’ve heard recently that some Canadians actually recommend answering YES to 1) as getting a TN visa is very simple and not too much harder than just hiring an American. The idea is that when you answer NO to 1) that recruiters (and especially startups who are often more naive about visas) will lump you in as being hard to hire like immigrants who come to the US on the H1B and then filter out your application.

As for question 2), because the TN is a “Nonimmigrant” visa, does this technically mean I can answer NO here?

Basically in summary, how would you recommend I answer these questions? I don’t want my applications to get auto filtered, but I’d also like to be as honest as possible.

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?

Im a Canadian and go to the US for work fairly regularly. Something I didn’t realize is that the laws are different in preclearance areas.
https://laws-lois.justice.gc.ca/eng/acts/P-19.32/FullText.ht…

For example, you are allowed to withdraw your application to enter the US and leave the preclearance area. Additionally you are bound by different laws for search and siezure.

At this point I am only going to the US through preclearance areas because you are still on Canadian soil and bound by Canadian laws. That doesn’t necessarily mean that USBP won’t break those laws, but the Canadian courts get to decide if laws were broken instead of the US courts.

One thing I have not found a straight answer on yet is if USBP can compel you to unlock your electronic devices in a preclearance area. My current strategy is if I am asked to do that in preclearance I will withdraw my application to enter because Im not letting anyone access to my phone.

That’s only the Canada -> US leg, though. They can still grab your phone on the US -> Canada return trip, ne pas?

Historically the US has not had much “exit control”.

For example leaving the Schengen area it’s obligatory to go through “exit immigration” and get your passport stamped. Leaving the US, you show your passport to the airline, but usually there is no formal immigration check at all.

That’s because the airline updates your I-94 for you. If they don’t you risk overstaying. There is a website you can use to validate that they did everything correctly.

Sure. Or USBP could just be waiting for you as your flight lands in the US and then immediately detain you. You have no rights in a US airport.

I have not ever heard of that happening, but if I did hear about it happening to normal people (i.e. people without a criminal warrant) I would probably stop going to the US.

There’s no question that it’s tougher now to get into the U.S., whether from Canada or another country via pre-clearance or via a land crossing, and there can be significant differences among airports and land crossings. Canadians are unique because they are visa exempt and CBP feels particularly emboldened to reassess their admissibility every time they enter. The keys are to avoid bad pre-clearance offices and land crossings and even more importantly to carry the right paperwork, which varies depending on the specific status being sought. There is also a huge difference between seeking entry as a visitor versus seeking entry as a worker with a visa, with the former much more challenging now.

I was thinking just for folks going down regularly on a B1, do you think it’s worth having a copy of your lease or rental agreement in Canada or something similar? It seems most of the stuff I was seeing is about Canadians establishing roots using a B1.

The concerns on the part of CBP when someone is seeking admission as a B-1 business visitor are the appropriateness of the applicant’s proposed activities and the applicant’s ties to home/intent to return home (Canada). So you want to keep in your back pocket documents that address these concerns, such as a foreign lease agreement, foreign pay statement, and evidence of the purpose, such as a printout of the conference being attended or a letter of invitation. It’s also really important to be prepared to provide specifics about your purpose, who, what, when, and where.

If an individual is transgender, not a US citizen, and has a passport with an updated gender marker (or X), can they still get a visa? Or is submitting an official document with “wrong information” enough for a refusal?

What about existing visas?

Have a friend who quit his job and overstayed his TN visa during The Pandemic. After going back to Canada for visiting family, his next visit to the US was denied at CBP, and he was given a 10 year entry ban with option to appeal at a facility across the river from Buffalo, NY. What are his options? Is this situation fixable with a new work visa?

Thanks for doing the AMA!

I’m a US citizen born abroad – I got my citizenship via (I believe) INA 320 when I was a child. I have a US-born father who was not eligible to pass on his citizenship at the time of my birth. I lived in the US for most of my childhood up until ~2015 (initially as an LPR), and at some point, I obtained a US passport.

I don’t have a certificate of citizenship, only a US passport. Given the way the US is going, I’m concerned that one day I’m going to apply renew my passport or otherwise have to prove my citizenship, and I’m not going to be able to sufficiently document it. Is this a real risk? Would you advise applying for a CoC in my circumstances? Am I even eligible to apply for one given that I live abroad? What other steps if any should I take to protect my status?

You still can apply for a Certificate of Citizenship but there’s a cost associated with it and I really don’t think it’s necessary or even advisable because you are now giving the government a chance to reassess its previous approval. A U.S. passport is always considered sufficient evidence of U.S. citizenship.

Hi Peter, Im currently on H1B with I-140 approved. Im thinking of starting my own company and have other co-founders who are US citizens / GC holders. What is the path for me to have a visa while also being able to start my company.

Hi Peter, thanks for the AMA.

I’m curious what gaps you see in firm operation software?

I work in legal tech and from what I’ve seen all of the software focuses on tasks and artifacts (e.g. the many AI letter drafters) as opposed to holistically understanding / optimizing business operation.

Does this fit your sense of the software landscape? Are there other opportunities here beyond case management etc?

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?

Not legal advice but I’m a US citizen and when I’ve refused to answer their intrusive questions the worst that has happened to me is they imprisoned me, stripped me naked and searched me, got a fraudulent warrant for an internal body search, and then sent me the bill after dumping me at the border when they found nothing.

Enjoy.

Yes.

They claimed a dog alerted on me. An anonymous dog, handled by an unnamed officer in the affidavit, which was used as 3rd party inter-species hearsay via a HSI officer to the assistant attorney and judge.

A dog did not alert on me. In fact it is against CBP policy to use dogs on a person, they are to be used on your articles.

The short answer is that CBP has the right to ask to see your electronic devices and you have the right to refuse but if you refuse (and you are not a U.S. green card holder or citizen), CBP likely will deny you admission and send you home.

> My mindset has always been to never give my personal phone for an inspection

Get a burner phone! Upload your entire data to the cloud as well. Either you can store your phone in the check-in luggage or restore your data once you’ve arrived at your US location.

I’m wondering if anyone uses burner phones. I have an old phone, and a second phone number that I got from Tello for $5 a month, intending to use it for a business number, but then never did. It’s currently completely detached from anything personal and I figure if I do need to go over the border I could just use that still for any communication and internet access, but personal details would be at a very bare minimum.

Given the very real risks involved, can’t your employer waive the travel requirement for the next few years?

Hello, I’m currently on an H1B waiting on my priority date (I’m Canadian but born in China), my H1B hits the 6 year mark next year. My wife is currently on a TN which expires next year.

Should she switch to H4 EAD under my H1B instead of renewing her TN?

Hey Peter,

Currently living in the US, I applied for a green card via marriage (partner is GC holder) in March 2023. I received my AP and EAD over a year ago, but there has been zero movement on the I-485..

What are the options here?

Given the current political climate, I’m not comfortable leaving the US until I have the I-485. Is this fear warranted? Would really like to travel overseas, but don’t want to end up getting detained on re-entry..

I understand the above is specific to my case, but perhaps you can answer in a general sense for anyone else who finds themselves in a similar position..

Hi Peter – I’m on H1-B and not eligible for EB-1/2 or O-1. I filed for EB-5 through an RC and just got my EAD and I want to use that to start a startup in the US. If the underlying EB-5 petition is rejected after the startup is established, do you know if there is a path to re-sponsoring my H1-B through my own startup? I’m trying to understand whether I should wait for a proper green card before going down the startup route.

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.

I’m sure each case is unique, but there must be a lot of similar situations and repeat issues.

How often do you get a new curveball in the process? Though perhaps this is an unusual year to be asking that.

Good question. There are a lot of repeat issues but because every person’s background is different and every person’s circumstances are different, every case is different, which keeps our work challenging and interesting.

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.

I have lots of examples:

* By law, the US can only issue 140,000 employment-based green cards per year, and no more than 7% to one country. This means people from India or China can face a 100+ year backlog, even after they have proved they qualify for a green card. There’s no cap on marriage-based green cards.

* Processing times for many green cards (i.e. for people who have already qualified, but just need the physical green card), are 12-24 months.

* USCIS still expects many applications to be sent by mail. Some applications (like O-1s, EB-1s) require hundreds of pages of evidence, and it all needs to be printed out on 8.5×11″ paper, for USCIS to scan it in on B+W scanners. This means that there is no error checking (e.g. on fee amounts), and if you have made a mistake, you might not know about it for weeks. Also, it means your petition cannot include working hyperlinks, webpages, or videos – the USCIS officer judges the petition by scrolling through a 400+ page PDF.

* The ‘standard’ post-graduate work visa is the H-1B. It’s entirely lottery-based, not merit-based, and typically there are 400,000+ people competing for 85,000 visas. Many qualified people are forced to leave the US each year because they didn’t get selected in the lottery.

The standard for employment-based permanent residency (green card) is extraordinarily high. As in, would likely place you in the top 1-5% of the most successful people in the country.
That, or you have to invest $800k and create 10 jobs.

No other country in the world requires foreigners to be significantly more qualified than its own population. You can move to France with a regular paying job no problem or just a few thousand euros in savings. Impossible in the US. You have to be extraordinary (they literally call their criteria, “extraordinary abilities”) or you have to make top 5% money (so if you work in tech, that would be at least $500k-1M/year in many cases).

The only other way is to get married. This means there is a massive discrepancy between the qualifications of self made immigrants, versus those simply lucky enough to fall in love. It’s pretty unfair, but that’s how it works. But that’s also the reason so many immigrants are so successful in the US, the bar is so high, that it creates a massive motivation to succeed to become eligible for the criteria.

I am not a lawyer, but my understanding is the extraordinary ability does not have to germane to your employment. I am aware of the the story of Gabby Franco – who appeared on a season of Top Shot years ago. She was on the Venezuela Olympic pistol team for the 2000 Summer Olympics in Australia. This status as an Olympian got her entry into the USA and eventually citizenship. https://en.wikipedia.org/wiki/Mar%C3%ADa_Gabriela_Franco

Many countries have quite strict limitations on immigration for work. Many countries do not permit any immigration without visa sponsorship. The U.S. permits sponsored immigration with a quite reasonable bar (e.g: H1B, L-1). Many countries have similar lottery systems, quotas and minimum salary requirements. Given the demand for immigration into the U.S., it’s not too surprising to see the limits (and restrictions) be more prominent.

> You can move to France with a regular paying job no problem or just a few thousand euros in savings

Unless something has changed dramatically in the last decade this is patently false. Getting an EU work permit was historically very hard with employers having to demonstrate that a position can’t be filled by an EU citizen before a non-EU citizen candidate can be considered.

Maybe for instant green card you have to be extraordinary, but for regular employment-based immigration you don’t have to be.

The path is H1-B -> Green Card -> US citizen (I have done it), and to get H1-B your potential employer gotta post that $60-80k/year job and show that there were no qualifying US applicants for it.

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.

>before you are able to file an I-485 application

qq and i’m double checking what my own immigration lawyer has already told me just because i’m nervous on this point. Is filing the i-485 the point at which you can stay?

I’ve filed an i-485 via US spouse and waiting to hear back but the 60day period is looming and obviously nervous on this point.

Hey Peter.

I’m currently under a O-1 visa and doing my GC application. I believe I’m the final stage, waiting for my date to be current in order to get an appointment at the embassy. I also started a new business on the side and applied to YC.

If I got into YC and/or raised fund for my company. Could I use that has a way to expedite the process for the GC appointment? Or should I start a new visa and then a new GC application?

Hey Peter! I’m going to pose a question that I think is tangential, but still related.

With genAI and LLMs making way into every profession, how much of an impact have you seen on the immigration law side? Have these style of tools made your job easier, or are they adding more confusion and uncertainty?

Given the rapidly changing landscape (on the immigration side; what is valid today may not be valid tomorrow, and everything seems kind of up to the best guess of the practitioner) do you see these tools (potentially) causing more harm than good (to specific individual cases)?

Are O1 visa applications getting significantly more scrutiny nowadays?

I comfortably qualify for one, based on the USCIS criteria, but my employer (big tech company, big law firm for immigration) wants to wait one more year for another H1B attempt before trying this.

Hence I am wondering if switching jobs could potentially help here.

O1 is an inferior visa, so they are right that you should be trying for H1B before going for an O1. I’m assuming that you are on OPT or some other visa category. There is likely no advantage to getting an O1 in your current situation.

Big tech is risk averse and avoids pursuing O-1s unless there’s no other option and the candidate/employee is highly valued. But I haven’t seen any change yet in the adjudication of O-1 petitions. Nearly all our O-1 petitions still get approved and when we receive a Request for Additional Evidence (or RFE), the issues raised are the same issues that were raised before January 2025.

See the ACLU guidance referenced in a previous comment. There’s no right to counsel during routine admission. The right only arises when arrested or being investigated for a crime.

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?

Not a lawyer but have been working in the US on a TN status for multiple employers and I would answer yes and discuss further with the recruiter or hiring manager.

TN status is conceivably something you could get without help from the employer (though even the smallest startup hired one to help me set up a package). What you need is basically proof that a company wants to hire you (offer letter), evidence that the company exists, and proof that you fall in one of the TN occupations.

Also not a lawyer, but wanted to second what jsbg said.

I’ve been through this process many times, and I would always say yes and then mention with the recruiter (even if I had to explain that the process was basically “asking politely for permission at the border”).

The underlying question that employers really care about is “will you be legally allowed to accept a job offer without unexpected expenses or delays”. Even if you file through USCIS (and not petition at the point of entry), you can (should) have an answer in 14 days and ~2k in fees, which is 1) a drop in the bucket for any hiring budget, and 2) not impactful to a hiring timeline.

Unfortunately, the correct answer is No because until you have the TN, you are not legally entitled to work in the U.S. Of course, this means that you will be excluded automatically for consideration of certain jobs.

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).

USCIS rarely issues I-140 EADs based on compelling circumstances unless there are government/national interests at stake or significant humanitarian issues.

Okay, thanks. I was primarily wondering due to “Significant Disruption to the Employer” seems to be one of the possible categories and it’s description sounded similar to reasons why one would get L1B visa.

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.

I’ve been through customs all over the world for the past forty years, and US customs are some of the worst human beings I’ve ever encountered. Why is that function such a shit show?

Very familiar with the need for LEO dumping grounds, especially at the federal level, so that’s been my working assumption but I’ve never asked.

Hi Peter, thank you for this AMA.
I’ve been a green card holder for 1 year as the result of working for big tech in the US, originally via getting a L1-B 3.5 years ago. I’m planning on moving back to my home country in Europe permanently. Is there any way I can keep my green card or at least keep it for longer in case I start a startup in Europe and want to also have a US presence? I’m a Portuguese citizen.

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?

I don’t think this has really expanded the organizations that qualify legally for cap exempt status (we essentially argued this before) but rather signifies a greater openness/flexibility on the part of USCIS to approve organizations as cap exempt organizations. Query, however, whether this openness/flexibility will continue.

Would you recommend travel for GC holders in these coming months? How likely is that travel ban.

Hi Peter – why are international students on F-1 visa (not on OPT) being strongly recommended to not travel outside the US now? Is there a possible denial at the port of entry when returning? I for one am a F-1 student looking to travel to an academic conference abroad, but being advised to reconsider and stay back in the US by my DSO. I’m in the middle of my program, and my I-20 and visa are valid for another 3 years.

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?

Unless there was a finding of fraud or misrepresentation, the previous denial shouldn’t impact your F-1 visa application; the requirements/standards are different. That being said, because so much is at stake for you, I would recommend that you get an attorney involved. It should just involve one or two consultations so the cost shouldn’t be much.

How common is it for pre-Series A startups to sponsor H1Bs? What’s the process like for EB2 on the PERM route, and how difficult is it to be successful in that process?

No issues whatsoever with respect to H-1B sponsorship but potential issues with respect to green card applications, particularly PERM-based applications because of the ability pay requirement and because of issues related to ownership/equity held by the employee.

I am currently a dutch citizen. I’m also a founder of a startup that has raised around 2.5 million USD. The company is delaware based.

What is the best option i have? Is E2 an option?

An E-2 would require some investment ($100k+) but Dutch citizens or Dutch-owned VCs but if this investment exists, then an E-2 could be a very good option. The other option would be the O-1 and as a founder of company that has had a good round of seed funding, you might qualify.

Also a (former) Dutch citizen / founder with VC-backed startup, I moved here under L1-A visa which fast tracks you to green card (got the GC within 13 months). The E2 is temporary, doesn’t give you a path to the green card. For L1-A to work however, you’d need to set up a Dutch subsidiary (B.V.) of the C-Corp to be considered a “multinational organization”.

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.

Were there any changes in requirements for O visa recently? Did they remove the job offer requirement?

What was quoted below is really just codifying what existed in practice, that is, founders/owners of companies getting sponsored by their own companies. To answer your question, a job offer/employment is still a requirement and I haven’t seen any major changes yet in the adjudication of O-1 petitions.

I’m pretty sure the job offer requirement is still in effect, and will remain in effect, since the O is an employment-based visa. What made you think it had changed?

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 🙁

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.

Is the correct term “Expedites”, or “Expeditions”? Legal terminology seems to break language rules… The term for some (plural) things being expedited would be expeditions, but it seems from your response that, in legal terms, this would be expedites. This doesn’t sound right. No source I could find agrees with the term “Expedites” as “plural of expedite”. It generally returns something on the lines of “A third-person singular simple present indicative form of the verb “expedite.””

Expedites as a noun like invites, arguably not grammatically correct but in common use so correct from a usage standpoint.

hi Peter!

how long does 221(g) administrative processing take to complete in your experience? anything one can do besides waiting (Russian citizen working in tech, almost 1yr without adjustments)?

This really depends on the reason for the 221(g) and the applicant’s country of citizenship or birth. Unfortunately, for those from certain countries, such as Iran and Russia, it has not been uncommon for such applications to go into a black hole and take 1-2 years. For those not from such countries, the process is relatively quick, from a couple of week to a couple of months.

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?

Yes. I still think that those with student or work visas or green cards should travel internationally. It’s just a question of being smart and carrying the right documents. The right documents will vary depending on the status so I can’t give a list but I’d recommend having a brief consultation with an attorney. Many like myself won’t charge for a 15-minute consultation, which is all that this should take.

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.

While it’s not typical to be sent to CECOT in El Salvador, you don’t need to be “guilty” by the government’s position. They assert the right to send people down there based on allegations that have not been tested in any court.

If you come here legally and don’t commit a crime, they won’t send you down there. If you come here legally and commit a crime, you’ll get sent back to your country of origin. People being sent down there came here illegally.

If we discard rule of law and due process for anyone, it is threatened for everyone. They’re defying courts, they’re not following the law. This does not end well for anyone, at all. It is incredibly dangerous territory.

If you you are illegally in just about any country, being there without authorization is basis for deportation. No one is being denied due process. Moreover, you can be denied entry at ports of entry to any country for any reason by customs officials -even with a valid visa. They do not need to offer “due process.”

Mr. Abrego Garcia was declared by a court to not be deportable to El Salvador, yet he was.

That is not due process.

This is false, both in terms of some of the people who have been sent there as well as the administration’s direct stance on the matter.

You can get sent there by your affiliation. You don’t have to necessarily commit a crime. And all the administration has to do is make an accident and send you to the wrong place.

The vast majority are being sent to nearby countries as well.

Lots of people being detained for extended periods of time at the Canada/US border. I wouldn’t be so optimistic unless your situation is bullet proof.

And those guys are Salvadoran… right? Like if Mexico sends back a bunch of criminal gringos, what are we supposed to do, ask Mexico to incarcerate them for us? No we take them and put them through our system of justice and send them to the pen.

One was a Venezuelan soccer player (Jerce Reyes Barrios) who was accused of being a a gang member because he had a tattoo … inspired by his favorite soccer team.

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

I’m not sure I understand what you are asking. Do you mean the average per startup or the total number? All I can say is that startups usually can sponsor H-1Bs without issue.