Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

news.ycombinator.com

Post reply on HN
Print view View original

91–100 of 349 posts

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

#91

Post by proberts »

sunir wrote: post #84
proberts wrote: post #74

Earlier quoted context omitted.

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 s…

You really should be fine coming in as a visitor with just your Canadian passport (although consul with an attorney if you're really concerned) and the strategy could be to do this until you get some pushback.

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

#92

Post by proberts »

nnoitra wrote: post #90

Is it possible for someone to create a company in the US and then self-sponsor themselves an H1B?

Strictly speaking, no, self-sponsorship is prohibited in the H-1B context. But if you have cofounders, own less than 50%, set up an independent board, etc., it could work.

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

#93

Post by mettamage »

proberts wrote: post #56
soneca wrote: post #48

What are the legal risks for a US company to hire a foreign contractor in a model that is more like of a full time employee? I am the foreign contractor in this situation and I like it. I wish many more companies would hire this way, since a real FTE would require the company to establish a presence in my country (which will never happen). I understand the risks of hiring as contractor with an employee-like agreement…

So that I understand, do you mean being based outside the US but being employed by a US company as an employee or contractor?

If it is the same case that I want to be in them I think he/she means:

* He/she is employed by a US company as a contractor and works remotely

* He/she is not a US citizen and lives outside the US

* In the day to day work and team culture, there seems to be no difference between employees and contractors

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

#94

Post by 8ytecoder »

nnoitra wrote: post #85
shekispeaks wrote: post #61

I 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.

Not OP. It gets tricky to hold on to it if you're not in the country for at least 6 months a year.

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

#95

Post by proberts »

dcow wrote: post #83

As a US citizen, what is the easiest (or few) country to establish residence as a remote worker in?

Unfortunately, my expertise is limited to US immigration but for what it's worth, I know a lot of US citizens who moved to Portugal during the pandemic.

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

#96

Post by beef-supreme »

proberts wrote: post #79
beef-supreme wrote: post #76

Hi Peter, Any idea how long the wait for interviews is in Montreal for a family First preference F1 that's been document qualified? Cheers,

Where exactly is this person in the process?

All the documents have been accepted and waiting on NVC to work with the consulate to schedule an interview.

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

#98

Post by proberts »

mettamage wrote: post #93
proberts wrote: post #56

Earlier quoted context omitted.

So that I understand, do you mean being based outside the US but being employed by a US company as an employee or contractor?

If it is the same case that I want to be in them I think he/she means: * He/she is employed by a US company as a contractor and works remotely * He/she is not a US citizen and lives outside the US * In the day to day work and team culture, there seems to be no difference between employees and contractors

Thanks. Then this isn't really a US immigration issue since this person will be working remotely/outside the US but more of an employment law/tax law question.

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

#99

Post by mettamage »

proberts wrote: post #75
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.

From a legal/immigration standpoint, do you have a clue as to why many companies only mention that a remote position is US only?

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

#100

Post by nnoitra »

proberts wrote: post #92
nnoitra wrote: post #90

Is it possible for someone to create a company in the US and then self-sponsor themselves an H1B?

Strictly speaking, no, self-sponsorship is prohibited in the H-1B context. But if you have cofounders, own less than 50%, set up an independent board, etc., it could work.

If the cofounders are family members(w US citizenship) would it raise red-flags for collusion?
Post reply on HN