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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#191

Post by sunir »

nrmitchi wrote: post #184
jmangubat wrote: post #157

Earlier quoted context omitted.

They don't have Canadian payroll set up and don't want to hire contractors.

Disclaimer: Not an attorney Really, there is nothing about a TN that prevents you from working in Canada, because you don't need any authorization for you to work in Canada (as a citizen). But what you are suggesting sounds wrong. Do you plan on paying US taxes but not live there? Do you plan on not paying Canadian taxes? If you are getting a TN to prevent your employer from having to follow appropriate processes for…

As a foreign resident, don't pay US taxes unless you're a US citizen. If you don't use a PEO for some absurd reason, you may need to file a 1120F if you're exporting > $100k USD directly and you will have to issue a W8BEN or else your income is subject to a 30% withholding tax at the source.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#192

Post by proberts »

bgrgndzz wrote: post #178

How can college students on F1 visa start a startup?

Limited preliminary things can be done but you can't really run it and work for it until you have OPT. Some F-1 students, with very strong backgrounds and great ideas, try for an O-1 or even a green card but the standards for these are tough to meet, particularly for someone young.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#193

Post by aith »

KaneW wrote: post #179

I am an Australian nation and wondering if you know of any companies that sponsor under the E3 visa in Silicon Valley?

Yes E3 is one of the easiest, along with Canada/Mexico. Should not be an issue for any company in the Bay Area.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#194

Post by nrmitchi »

sunir wrote: post #191
nrmitchi wrote: post #184

Earlier quoted context omitted.

Disclaimer: Not an attorney Really, there is nothing about a TN that prevents you from working in Canada, because you don't need any authorization for you to work in Canada (as a citizen). But what you are suggesting sounds wrong. Do you plan on paying US taxes but not live there? Do you plan on not paying Canadian taxes? If you are getting a TN to prevent your employer from having to follow appropriate processes for…

As a foreign resident, don't pay US taxes unless you're a US citizen. If you don't use a PEO for some absurd reason, you may need to file a 1120F if you're exporting > $100k USD directly and you will have to issue a W8BEN or else your income is subject to a 30% withholding tax at the source.

Pardon? If you are a resident in the US, you pay taxes (whether you are a citizen or not).

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#196

Post by sunir »

nrmitchi wrote: post #194
sunir wrote: post #191

Earlier quoted context omitted.

As a foreign resident, don't pay US taxes unless you're a US citizen. If you don't use a PEO for some absurd reason, you may need to file a 1120F if you're exporting > $100k USD directly and you will have to issue a W8BEN or else your income is subject to a 30% withholding tax at the source.

Pardon? If you are a resident in the US, you pay taxes (whether you are a citizen or not).

This person wants to live and work from within Canada. Hence they are outside the US and do not owe US taxes.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#197

Post by oskapt »

proberts wrote: post #170
oskapt wrote: post #150

Earlier quoted context omitted.

I'm a US citizen who has been working in Chile for a US company for several years. My wife of 12 years is Russian and has had a green card since 2000. She grew up in New York. She came here with me for my work, and due to COVID was unable to return to the US to renew her green card before it expired in April. The company I work for is being acquired, and we are preparing to move back to the US. The consulate here sai…

The Embassy in Chile is clearly acting badly. So far it appears that you have received an informal opinion from the Embassy but there is a formal process under these circumstances that would reaffirm her green card status and allow her to travel back to the US. The document is called a returning resident visa and it probably makes sense or her to apply for this and force the Embassy to review the evidence and make a…

We applied for a returning resident visa. She went in for the appointment, with all the documentation, and that's when the consular told her that unless she'd been in a coma for the last several years, it was within her power to return. She could have divorced me and returned to the US, therefore the criteria for the RRV did not apply. She was told to submit for the IR-1.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#198

Post by nrmitchi »

sunir wrote: post #196
nrmitchi wrote: post #194

Earlier quoted context omitted.

Pardon? If you are a resident in the US, you pay taxes (whether you are a citizen or not).

This person wants to live and work from within Canada. Hence they are outside the US and do not owe US taxes.

Okay, yes, we're on the same page.

If they're not in the US though (as a Canadian), they're not a resident, and therefore not a "foreign resident".

The entire situation is weird because as we both mentioned elsewhere, the correct approach here is a PEO (or setting up the appropriate hiring organization in Canada), rather than claiming to live (or work) in the US in order to get a TN (either or which would subject them to US taxation), and then claim to not when it comes to taxes.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#199

Post by proberts »

wollofpu wrote: post #186

Hi Peter, Thank you so much for doing another AMA! I'm a 25 year old student on F1 Visa (OPTX) that expires in 7 months. I work as a software engineer at a tech company. The company will sponsor me in applying for the H1B visa. I'm also working on a startup with a US citizen. We plan to have the startup sponsor me as well for the H1B visa. Hopefully applying for a concurrent H1B visa (source: https://www.am22tech.com…

There's no issue at all with having two companies submit your name into the lottery as long as both are bona fide companies and bona job offers. There's no question that the H-1B is the best option to work for the tech company and an O-1 might be an option to work for your own company, although probably not until it hs some "traction." Regarding Canadian immigration, email me and I can refer you the names of some good immigration forms there.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#200

Post by loganu »

O-1 is generally a better visa for founders: 3 years, renewable over and over, path to a green card, no minimum salary, can come and go as you like.

E-2 and L-1 also possibilities, depending on structure and financing of the company.

H-1B would be my last resort, if I was going to move to the US as a founder again.

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