Hello, can a H1-B holder work permanently in a fully remote US position? Are there any restrictions? Thanks
Yes. It just needs to be disclosed as part of the H-1B process.
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
#82Thanks for taking questions Peter. I'm a Canadian Founder of a startup in Canada and I'm looking to move to the US. We have a subsidiary (100% owned by the Canadian corp) that is incorporated in Delaware for a year now. What's the best visa for me to look into?
You likely will have multiple options but the E-2, L-1, and O-1 might all be options.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#83As a US citizen, what is the easiest (or few) country to establish residence as a remote worker in?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#84Hi 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?
Thank you for your insight! I'm the only Canadian right now. We're still a small startup. I don't have majority control of the company by myself any more as we have raised VC.
I only enter the States for very specific business purposes and short durations and the occasional short family vacation. Less than 8 weeks in any given year, and much less now that I have kids at home.
I am super qualified for a TN1 computer systems analyst. I could presumably make a case for an O1 but that's a lot of work to prepare.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#85I am a greencard holder who has moved back to Europe and will give up my GC. Can I open and operate stock trading accounts in US to manage the money I made in the US?
Why give up the GC? That ought to be an interesting story.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#86So if I'm a programmer, with basically no funding, is it possible to meet someone online and get them here? What's the minimum to get a foreign hire?
To employ a foreign national in the US? For the company, it needs to be incorporated, have an FEIN, and have physical commercially zoned office space and the ability - but that doesn't necessarily need to be demonstrated now - to operate and pay the FN a salary. For the FN, he or she needs to qualify for a specific visa, which is probably the tougher issue.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#87Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#88Currently I am on E2 as employee in the US. Can I change companies by applying and they sponsor a new type of visa?
Yes, the new company could file a change of status petition with USCIS requesting that your status be changed from E-2 to another status (or that you change to another E-2 employer).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#89Do folks in your circles talk about the meta of US immigration? Is there any expectation that as the US workforce ages and the tax base declines, that worker immigrants will be allowed in more freely over the next decade or so?
That's an interesting question which I haven't really thought about but as the US possibly moves to a more market driven immigration system, the aging of the US workforce could have a major impact on US immigration policy and practice.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#90Is it possible for someone to create a company in the US and then self-sponsor themselves an H1B?