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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

#71

Post by borjah »

whimsicalism wrote: post #37
borjah wrote: post #30

I'm Europe based at the moment, but I'm curious about how to validate your degrees from an European country to be recognised in the USA as a valid diploma and search for a job. Maybe is not your area of expertise, so I'm sorry for the question if is not.

Not the OP. The validation probably comes in the background check stage (not the hiring stage) and the background check companies should have the expertise to check degrees in Europe. All in all, this should definitely be manageable.

nice, maybe USA is the next stop in my carreer

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

#72

Post by proberts »

dorianmariefr wrote: post #65

I would like to immigrate to San Francisco. I'm currently working on a startup in France (I'm a french citizen). I didn't create the company yet. Should I go with Stripe Atlas and create an American company or a french company? I would like to be able to receive funds from the US and from France, not sure who will fund my startup. If I have let's say $100k of funds, am I able to immigrate to the US? Thanks a lot

In the end, you will need a US company to act as the employer/sponsor but there can be benefits to creating a foreign company as well. And with money (such as $100k) comes options particularly if this money is invested in your US company. You will need to consult with an attorney to understand your options, however.

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

#74

Post by proberts »

sunir wrote: post #68

Hi Peter, my startup is a US Corp (Delaware) with a US-based co-founder and US-based employees. I live in Canada and I'm a Canadian citizen and I have zero intention of moving to the US. I'm the CEO. I'm using an EOR (Remote.com) to pay me in Canada. I believe I can fly into the US for short trips on a smile and wave B1, but I want to be sure I don't need something like an L1. I have easily got a TN1 in the past, but…

The answer is very fact specific but depending on how often you come and and how long you stay, almost certainly you will be able to enter the US as a visitor for a period of time. That being said, it might just be easier to get a work status so that you don't have to work how often you come and how long you stay. Do you have operations and employees in Canada as well?

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

#75

Post by proberts »

xriddle wrote: post #47

Hi Peter, Thanks for doing this again. Is a work authorization visa (TN H1B etc) required to be hired for a remote US position for a Canadian not looking to relocate just yet. Thanks

No. US immigration only comes into play if one will be physically in the US.

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

#77

Post by dorianmariefr »

proberts wrote: post #72
dorianmariefr wrote: post #65

I would like to immigrate to San Francisco. I'm currently working on a startup in France (I'm a french citizen). I didn't create the company yet. Should I go with Stripe Atlas and create an American company or a french company? I would like to be able to receive funds from the US and from France, not sure who will fund my startup. If I have let's say $100k of funds, am I able to immigrate to the US? Thanks a lot

In the end, you will need a US company to act as the employer/sponsor but there can be benefits to creating a foreign company as well. And with money (such as $100k) comes options particularly if this money is invested in your US company. You will need to consult with an attorney to understand your options, however.

thanks a lot, I will

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

#78

Post by proberts »

eb1-qun wrote: post #63
proberts wrote: post #29

Earlier quoted context omitted.

It is a gray area but I don't see any issue if you release it for free. Getting paid, even if to cover your expenses, is more problematic, however. I wouldn't say it's a complete non-starter but it would have to be structured very carefully and properly to avoid crossing any lines.

Is there any documentation you'd be able to point to about how to structure this? Not the OP but in a similar boat. Or would you recommend reaching out to an attorney to do this instead?

Really the latter because what's out there is just too general to be really helpful.
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