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Ask HN: Can a freelancer 'work' in US without a visa?

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Re: Ask HN: Can a freelancer 'work' in US without a visa?

#11

Post by jamesjguthrie »

lutusp wrote: post #10
csbartus wrote: post #4

Earlier quoted context omitted.

it says "Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services" as freelancers have no employers this is not a solution for my case.

> it says "Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services" That's correct -- you have to apply before arriving, and I think it's also true that you need to have a job lined up as well. But you can certainly work here. > as freelancers have no employers this is not a solution for my case. Even freelancers eventually settle on an employer.

What do you do then if you set up a Limited Company and you are your own employer?

Re: Ask HN: Can a freelancer 'work' in US without a visa?

#12

Post by danellis »

sachin0235 wrote: post #9

I think a business visa will serve your purpose - signing contract and who ur face, No work. But do not dare try to step in without a VISA else you will never ever get an entry into USA again

Citizens of many countries don't need a visa for business meetings in the US, or even to do work for a client in the US if you're employed by a foreign company. For example, I was a British citizen working in the UK for a UK company. I spent two weeks in the US working at a client telco's testing lab. I used the visa waiver program.

Re: Ask HN: Can a freelancer 'work' in US without a visa?

#13

Post by winter_blue »

jamesjguthrie wrote: post #11
lutusp wrote: post #10

Earlier quoted context omitted.

> it says "Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services" That's correct -- you have to apply before arriving, and I think it's also true that you need to have a job lined up as well. But you can certainly work here. > as freelancers have no employers this is not a solution for my case. Even freelancers eventually settle on an employer.

What do you do then if you set up a Limited Company and you are your own employer?

That is nit allowed. The US government does a "control test" of sorts. You cannot be in any way in control of your employment. Owning more than 50% would definitely rule you out. Even in a startup with 5 co-founders (owning 20% each), the fact that you're a co-founder might lead them to believe that you're in control of your employment, and hence rule you out.

The primary test there is that there must be someone above you who can fire you.

Re: Ask HN: Can a freelancer 'work' in US without a visa?

#14

Post by winter_blue »

sachin0235 wrote: post #9

I think a business visa will serve your purpose - signing contract and who ur face, No work. But do not dare try to step in without a VISA else you will never ever get an entry into USA again

The airport of departure (in your home county) will check if you have a visa or ESTA authorization (for waiver country citizens) before they let you board the plane.

Re: Ask HN: Can a freelancer 'work' in US without a visa?

#15

Post by csbartus »

informatimago wrote: post #6

You're fucked up, since you've written that you're "planning to move to US.", if you try to put foot there, you'll be rejected and flown back right away. All you can do now, is the queue at the nearest US ambassy to try to get a green card. Without that, don't by a flight ticket to the US, it'll be lost money and time. Speaking from personnal experience. My advice: keep working remotely. Use Skype for meetings.

I see, asking something on HN is like entering JFK with a 'Snowden for President' t-shirt :)

Re: Ask HN: Can a freelancer 'work' in US without a visa?

#16

Post by jamesjguthrie »

winter_blue wrote: post #13
jamesjguthrie wrote: post #11

Earlier quoted context omitted.

What do you do then if you set up a Limited Company and you are your own employer?

That is nit allowed. The US government does a "control test" of sorts. You cannot be in any way in control of your employment. Owning more than 50% would definitely rule you out. Even in a startup with 5 co-founders (owning 20% each), the fact that you're a co-founder might lead them to believe that you're in control of your employment, and hence rule you out. The primary test there is that there must be someone abov…

What I'm asking is really, how does one take their company to the USA and start trading, working and living there? and is it any different if the company only employs the founder?

Re: Ask HN: Can a freelancer 'work' in US without a visa?

#17

Post by winter_blue »

jamesjguthrie wrote: post #16
winter_blue wrote: post #13

Earlier quoted context omitted.

That is nit allowed. The US government does a "control test" of sorts. You cannot be in any way in control of your employment. Owning more than 50% would definitely rule you out. Even in a startup with 5 co-founders (owning 20% each), the fact that you're a co-founder might lead them to believe that you're in control of your employment, and hence rule you out. The primary test there is that there must be someone abov…

What I'm asking is really, how does one take their company to the USA and start trading, working and living there? and is it any different if the company only employs the founder?

This is not really that easy. I would say, start by looking into L-1A and EB-1C, if you want to establish a subsidiary in the US. It's the easiest route. There are two options:

* There's the EB-5. You could establish a subsidiary of your foreign parent company in the US using this visa, or even start fresh new company with it. It requires that you invest $1 million ($500k in some cases), create (or "preserve") 10 jobs for American citizens or greencard holders by the end of the first year (that you're in the US). There are probably other requirements. You can look it up. For more info: https://en.wikipedia.org/wiki/EB-5_visa Unless you have $1 million+ and a solid business plan lying around, this isn't really an option.

* The other option is the L-1A and EB-1C for mutinational executives and managers. This can also be used to establish a subsidiary in the US. Assuming you are the owner/CEO of your company, I would imagine it being subject to more scrutiny (stringent requirements). Generally though, I would assume the primary test would be in terms of how "big" your company is (in terms of revenue, number of employees, etc.)

Warning: IANAL. This is just knowledge I've picked up here and there. You should really look research this though. Generally though, the US doesn't want individuals "self-immigrating" -- that's why there are so many laws and guards it. Think of it this way: if you could immigrate to the US via your startup (say you spent $300k on your startup), then how many more people (non-startuppers) would try to imitate and do that? There are millionaires who would love to move to the US but can't due to the immigration system there.

If you don't mind a slightly conservative culture, and would like to avoid paying taxes -- you can check out the various emirates of the UAE. You could move to the UAE, and not have to pay the (from what I hear) 40% taxes in Europe. If the tax is 40%, no tax means a 66% rise in actual after-tax income. :-) The UAE has laws specifically set up for foreigners to come in and start businesses in the country. It's extremely start-up (and freelance consultant) friendly. You generally apply through a "free zone authority". FWIW Dubai is probably one of the most modern cities in the world. There's a lot of fun stuff to do there. One free zone authority is the DMTFZA (based in Dubai): http://www.dtmfza.gov.ae/en/current-business-partners/regist... Another (slightly cheaper) option is the RAK Free Trade Zone: http://www.rakftz.com/en

Re: Ask HN: Can a freelancer 'work' in US without a visa?

#18

Post by winter_blue »

winter_blue wrote: post #17
jamesjguthrie wrote: post #16

Earlier quoted context omitted.

What I'm asking is really, how does one take their company to the USA and start trading, working and living there? and is it any different if the company only employs the founder?

This is not really that easy. I would say, start by looking into L-1A and EB-1C, if you want to establish a subsidiary in the US. It's the easiest route. There are two options: * There's the EB-5. You could establish a subsidiary of your foreign parent company in the US using this visa, or even start fresh new company with it. It requires that you invest $1 million ($500k in some cases), create (or "preserve") 10 job…

For freelance consultants, in the RAK Free Zone, a company license + the Flexi office rental costs $5k and needs to be renewed yearly. A work visa (your 1-man company can sponsor you), costs $2k/year. You could think of it as tax (although it really isn't) -- and it's still a lot less than what tax you'd be paying in Europe.

Re: Ask HN: Can a freelancer 'work' in US without a visa?

#19

Post by winter_blue »

winter_blue wrote: post #17
jamesjguthrie wrote: post #16

Earlier quoted context omitted.

What I'm asking is really, how does one take their company to the USA and start trading, working and living there? and is it any different if the company only employs the founder?

This is not really that easy. I would say, start by looking into L-1A and EB-1C, if you want to establish a subsidiary in the US. It's the easiest route. There are two options: * There's the EB-5. You could establish a subsidiary of your foreign parent company in the US using this visa, or even start fresh new company with it. It requires that you invest $1 million ($500k in some cases), create (or "preserve") 10 job…

To simplify & clarify:

- If you have more than $1 million, go for the EB-5.

- If not, ask a lawyer if the EB-1C and L-1A can be used to move to the US in the manner you described. I don't know if it's possible. My hunch is that it's not.

Re: Ask HN: Can a freelancer 'work' in US without a visa?

#20

Post by jvvlimme »

I've been researching similar options myself:

You might look into E-1 or E-2 type of visa (in your case I guess it would be E-2) which is by far the easiest way to work in the US but also the most restrictive as it is a non-imigration type of visa.

It requires a substantial investment (always check with an immigration lawyer for advice) to start a business. It is restrictive in the sense that if you go out of business or stop the business you'll have to leave the country. Your spouse can get a work permit, but your children can't.

Another route is possible if you have a business in your own country that has been operating for a few years. You can open a subsidiary in the US and apply for an L-1A visa (for managers and executives) and from there petition for an EB-1C Green Card.

Whatever you try, consult an immigration lawyer and have them assist you and let them file paperwork. It will cost some money but this is something too complex and tricky to do yourself.

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