Posted by proberts 18 hours ago
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.
> There have been plenty of horror stories about people who were accused of plotting to work in the US from their laptop on false pretence of being on vacation.
1. STEM OPT + self-employment: I've seen the E-Verify employer requirement, but conflicting takes on whether a solo founder's own LLC enrolling in E-Verify and W-2'ing the owner is acceptable to USCIS in practice. Is this a viable path, or has USCIS effectively foreclosed it?
2. The structural conflict: a single-member LLC is a disregarded entity (IRS doesn't allow owner W-2). But STEM OPT effectively requires W-2. Should solo founders convert to S-Corp or C-Corp before STEM OPT? When in the timeline?
3. SEVP Portal reporting for self-employed: what do you actually put for "Employer Name" — the LLC, or your own name? Any common mistakes here that trigger DSO/USCIS scrutiny?
4. The "20 hours/week" and "directly related to major" bars for solo founders pre-revenue: how does USCIS actually evaluate product-building time vs. business-side time during audits? Any compliance pitfalls you've seen?
5. International travel during OPT for self-employed: the "employer letter" requirement when self-employed — do you write it to yourself? Any real re-entry risks for solo founders, especially F-1 visa renewal abroad?
6. Pre-OPT business activity: I formed the LLC and have been doing product development before OPT starts (no revenue). Where's the line between permissible "preparation" vs. unauthorized employment for F-1?
7. Long-term path post-OPT for a solo technical founder (early-stage, no funding/revenue yet): realistic timelines and success rates for O-1A vs. EB-2 NIW (Matter of Dhanasar) vs. cap-subject H-1B? When should I start building the case?
Even partial answers on any of these would be hugely helpful. Thank you!
https://www.cbsnews.com/news/trump-administration-mandates-e...
Since then, he has guided me and many friends through complex immigration processes, always flawlessly and on time. I’d strongly recommend listening to his advice and considering his services.
To be clear, we were completely honest on every form required to do this and my wife isn't part of any political groups and doesn't do much interesting stuff in that regard, so I don't think they would have much room to strip her citizenship.
On the off chance that this abduction happens from ICE, what is the best thing for us to do? Just call a lawyer?
As I said, I'm not that worried; the only concern I have is that we are traveling internationally at the end of the year and while I have no doubt that they are outlier cases, I have heard of a lot of scary stuff happening during customs upon reentry.
Anyway, thanks for the advice!
If someone is a a EU citizen and wanted to work in aerospace in the US, would that be possible in general?
What kind of visa or green card would they need?
Would they be able to work on everything like a US citizen or are there areas that are restricted?