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)?
miotintherain 2 hours ago [-]
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?
proberts 34 minutes ago [-]
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.
ToucanLoucan 31 minutes ago [-]
I love how we ostensibly have rights but the exercising of rights is used by Law Enforcement as justification to do whatever the hell they wanted anyway.
Land of the free indeed.
Etheryte 15 minutes ago [-]
There are many contexts where this comment would apply, but border crossing is not one of them. If you're a foreigner trying to enter another country, then by definition you have less rights than natives.
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.
Peter might have good insights on whether the relevant case law has changed since 2017 though.
lcc 39 minutes ago [-]
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."
pain_perdu 15 minutes ago [-]
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.
saradhi 2 hours ago [-]
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.
proberts 2 hours ago [-]
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.
nisegami 2 hours ago [-]
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?
barbazoo 1 hours ago [-]
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.
monerozcash 1 hours ago [-]
"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 :)
nisegami 56 minutes ago [-]
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.
rwmj 42 minutes ago [-]
I think the only bit that surprises me is they don't have a back door into Facebook.
lcc 37 minutes ago [-]
Why waste the backdoor on routine screening?
garbawarb 2 hours ago [-]
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.
proberts 31 minutes ago [-]
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.
garbawarb 11 minutes ago [-]
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.
fencepost 24 minutes ago [-]
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.
KK7NIL 18 minutes ago [-]
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.
barbazoo 1 hours ago [-]
I got no answer but it sounds really fun what you’re planning to do :)
garbawarb 1 hours ago [-]
It's no fun if you legally can't do it...
fencepost 8 minutes ago [-]
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.)
sercand 19 minutes ago [-]
I have green card and last time I left is 2 years ago, How can I return back to the US?
pm90 9 minutes ago [-]
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?
jonpurdy 2 hours ago [-]
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)?
proberts 26 minutes ago [-]
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.
jonathanstrange 3 minutes ago [-]
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.
devty 2 hours ago [-]
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?
proberts 2 hours ago [-]
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.
js4ever 12 minutes ago [-]
Are you noticing any contraction (or increase) of immigration?
kethinov 2 hours ago [-]
Suppose you could wave a magic wand and change US immigration law in any way you like. What changes would you make?
proberts 25 minutes ago [-]
Good question. There's so much I would change. I'll give this some thought and respond later today.
fooker 15 minutes ago [-]
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.
vecter 3 hours ago [-]
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?
proberts 2 hours ago [-]
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.
jbellis 15 minutes ago [-]
Has the current administration made it harder to qualify for an o1 visa?
sombragris 1 hours ago [-]
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.
fencepost 5 minutes ago [-]
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.
proberts 30 minutes ago [-]
Yes, unresolved tax issues can cause U.S. immigration problems.
gsck 2 hours ago [-]
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?
proberts 2 hours ago [-]
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.
sjtgraham 2 hours ago [-]
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.
nothrowaways 10 minutes ago [-]
Hi peter,
1. do you think upcoming robots and AI is influencing policies of government, and
2. in particular affecting your job?
dcreater 28 minutes ago [-]
Have you handled cases/seen outcomes of self employed founders' H1B applications under the new rule?
clumsydude 2 hours ago [-]
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?
bravura 2 hours ago [-]
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?
proberts 22 minutes ago [-]
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.
kimyanna 2 hours ago [-]
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!
proberts 2 hours ago [-]
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.
aliljet 2 hours ago [-]
Is there clarity right now around foreign students attempting to obtain h1bs in the future?
proberts 19 minutes ago [-]
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.
poki89 2 hours ago [-]
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?
proberts 14 minutes ago [-]
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.
garbawarb 1 hours ago [-]
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?
proberts 17 minutes ago [-]
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.
OsrsNeedsf2P 1 hours ago [-]
Is it normal for incubators to ask founding engineers to come over on tourist visas?
proberts 18 minutes ago [-]
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.
constructive 3 hours ago [-]
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!
proberts 9 minutes ago [-]
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.
dennis16384 2 hours ago [-]
But you _can_ open a bank account remotely for a DE LLC. Both Wise and Mercury supported this for years.
gsck 2 hours ago [-]
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.
figmert 2 hours ago [-]
How serious is/was this whole $100k for H1-B applications? How has this impacted the hiring process?
proberts 12 minutes ago [-]
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.
zamalek 2 hours ago [-]
Thanks for the AMA Peter!
Do you think there are risks involved with leaving (and hence returning to) the country on a Green Card?
proberts 4 minutes ago [-]
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.
rathboma 2 hours ago [-]
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?
proberts 7 minutes ago [-]
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.
jml78 1 hours ago [-]
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.
proberts 2 minutes ago [-]
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.
jquery 2 hours ago [-]
Should individuals on a green card be concerned about anything, such as criticizing this administration?
swatson741 1 hours ago [-]
How has AI impacted your profession?
proberts 45 seconds ago [-]
In a limited way. Where it has impacted out 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.
hobs 1 hours ago [-]
What's the best way for a lawyer more familiar with other parts of the law to break into immigration?
hiprob 1 hours ago [-]
Anything notable about Ukrainians? Especially since Trump's inauguration?
subtlestorm 2 hours ago [-]
[dead]
nicechianti 34 minutes ago [-]
[dead]
ninjaquiv 1 hours ago [-]
[dead]
kappi 2 hours ago [-]
[flagged]
Fraterkes 2 hours ago [-]
I don't really get your point, there's high unemployment outside the US too in many places?
1 hours ago [-]
BergAndCo 2 hours ago [-]
[flagged]
Rendered at 19:00:47 GMT+0000 (Coordinated Universal Time) with Vercel.
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?
Land of the free indeed.
https://www.cbsa-asfc.gc.ca/travel-voyage/edd-ean-eng.html
https://www.theguardian.com/world/2022/jan/18/returning-trav...
Progressive utopias indeed
Peter might have good insights on whether the relevant case law has changed since 2017 though.
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.
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 :)
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.
(not real advice. I think.)
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)?
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?
Many of the absurdities of the US immigration system exist for good reasons and it would be great to understand the nuances.
What impacts are you seeing as a result of the $100K H-1B fee which took effect on 9/21/25?
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.
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?
1. do you think upcoming robots and AI is influencing policies of government, and
2. in particular affecting your job?
> 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?
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?
OR should I just close it and try the normal route? Thanks in advance!
Do you think there are risks involved with leaving (and hence returning to) the country on a Green Card?
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?