Without necessarily naming the company/actors: - What is the most messed up scenario that you have seen where a founder got ripped off? - What about the other way around?
Sorry but I'm not sure what you mean by ripped off.
I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
311–320 of 414 posts
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#312I have an employee who has been given access to the country on an L1A. We have filed priority for a renewal. USCIS has asked for more information on our request for his reapplication but we have not yet received the letter. His visa expires on the 30th of August. Should he leave the country?
You should call USCIS immediately and ask that the RFE be faxed to you all and then make a decision. It's possible, if the RFE was never mailed or was lost, that you will be given extra time to respond.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#313Hi Peter, I recently moved to US (from India) on L1B. While I was in India, I had an app on App Store and making small money. I developed this app in my personal time and this is not related to my job. Can I continue improving the app (in my personal time) while I am in US on L1B?
This remote employment stuff is tough because immigration law and policy haven't caught up with it. The short answer is that it might be okay but this is the kind of question that you should explore in detail with an attorney because of the implications of working without authorization.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#314Earlier quoted context omitted.
There's really no minimum amount of time if the green card was obtained in good faith. I've never seen an issue when this is true.
When you say in goid faith, you mean obtained for purpose of living in usa right? Contrary to obtaining it for some sort of terrorist/troublemaking reasons? Is that what good faith means?
Sorry. No I mean good faith in that both the company and the employee intended during the process to continue the employment relationship into the foreseeable future.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#315Earlier quoted context omitted.
I'd need to know your background but the first option I would look at is the EB1A extraordinary ability route.
I have no degree, but have had a documentary made about my first startup in Canada + speak at conferences / meet-ups from time to time, have a couple of pieces of press and have a profitable business with a handful of employees
Sounds good. You might have a strong EB1A green card application.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#316Thanks for doing this Peter. I am currently thinking of accepting a US computer programming job (part in US, part in Canada) and am thinking of using a TN visa to travel back and forth (1 week per month in US, 3 weeks in Canada.) Do I need to be concerned about what might occur if Donald Trump et al decide to drop NAFTA?
Yes but I think that NAFTA won't be trashed and even if it were that some type of TN "visa" would survive.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#317Consider the following scenario: a foreign (non-resident alien) founder gets funded in the US, standard C-Corp. The founder and the entire team are based in another country.
The founder comes to the US once in a while for somewhat extended stays (~1month) to fundraise, do deals, etc. Regular B1/B2 visa. But expectedly, they will still do a bit of work in the meantime. Are they in violation of the B1/B2? If so, would being paid by a foreign subsidiary help it?
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#318I have been granted a TN visa, can CBP take it away from me without cause when I cross the US border?
The short answer is yes and CBP does this all the time although there has to be some basis for doing so. But the risk is real - in short, admission once in TN status doesn't guarantee admission in the future.
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#319Hi Peter,
What are the tax/any implications of working remotely from California for a Florida based company which is sponsoring an E-3 visa?
Thank you!
Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA
#320Earlier quoted context omitted.
Both USCIS and CBP oftentimes will reject TN applications by founders, owners, and executives. This isn;t necessarily justified legally but it has become common practice.
Piggybacking on this, if they are employed as an engineer and not explicitly as a founder, can they still be issued a significant (>30%, <50%) nonmajority equity share in a company?
USCIS and CBP will deny TN applications based on significant ownership alone even if the employee is truly working as an engineer and owns less than 50%.