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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

#361

Regarding remote work between Europe and the USA, is there an easy path for US based companies to hire a US citizen or an EU citizen to work remotely from an EU residence?

The US company I work for is remote first and we hire all around the world. Not sure how helpful this is, but our method is that if we have a registered company in their country they will be hired as a typical employee. Anyone hired in a country we don't have a corporate presence in is hired as a contractor.

Another option for hiring outside U.S. without a local entity is to involve a global payroll provider for a reasonable fee (we have used Papaya Global, and Rippling does it now as well for certain countries).

A global payroll provider effectively acts as the "local employer" (they have a local entity in each country) and contracts out the employee to your company, so while the employment contract is with the provider, you can still sign all sorts of side-letter contracts like NDAs, IP assignments, stock grants etc without issue.

Pros are that unlike a contractor, the employee is subject to local labour laws and protections. Cons are that the employee is subject to local labour laws and protections (and the employer is subject to local labour taxes, which the payroll provider will pass through to you).

In certain countries with employee-favourable labour laws, we found it easier to attract employees this way, as they may be unwilling to forego the protections and social security / pension payments they would normally get as an employee.

[Edit: but beware of the double edge of course - if you ever want to fire such an employee, you may run up against said strong labour laws.]

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

#363
post #311

Can I grant myself a visa with my own LLC? I co-own and run it remotely, it's making 600k profit from 4mil revenue. It's based in the US, I'm from Ireland, living in the UK. It hasn't taken investment but we reinvest a lot of revenue in growth.

Just go the EB5 route.

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

#364

In June 2021 I tried entering the United States with a TN packet as an Engineer with a Bachelor of Computer Science. However, the officer denied me the TN status saying I need an Engineering, not Computer Science degree, to qualify for the Engineer TN status. Given the denial, in July 2021 the hiring company then applied through USCIS premium processing again for TN Engineer with my Computer Science degree and I was…

Much like the other commenter, I learned to never ever do any of this stuff (ordinary travel or renewals) via land crossings. You can have a major trajectory change to your life on the whims of a border guard who is just having a bad day even if all of your ducks are lined up and perfectly documented by a large multinational. Bend over backwards to avoid land crossings until you can secure yourself a greencard.

I know people who didn’t go to their parent’s funeral because they didn’t know if they could get back in the country.

People who had every right to enter the country.

Don’t leave the US unless you absolutely must.

On the plus side, America as one of places for great vacations.

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

#365

UK couple, both have engineering PhDs and 10+ years experience in engineering (dev and automotive), not rich but not poor. Is there a sensible path to US immigration that doesn’t leave them in the H1B bind or always on the verge of being deported?

May I ask why? I’m considering moving to the UK.

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

#366
Peter, you are a good attorney and your services are on point. But man you take forever to reply to emails. Our processing time changed while waiting for your response.

Do you have plans to scale up your operation? Or maybe you can recommend other immigration lawyers? You can charge referral fees while you scale up your process.

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

#367

UK couple, both have engineering PhDs and 10+ years experience in engineering (dev and automotive), not rich but not poor. Is there a sensible path to US immigration that doesn’t leave them in the H1B bind or always on the verge of being deported?

May I ask why? I’m considering moving to the UK.

Mainly for the weather, also the UK is on a downward trend as a place to live at the moment. It’s by no means a bad place to be but it the trend isn’t up.

Sky high property prices across the country compared to wages (not just on the coast or in London, everywhere).

Low salaries and high cost of living compared to equally developed countries.

Chronically underfunded public services but ever increasing taxation.

It rains a lot and the weather miserable, this is the biggest one for us personally.

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

#369
I left my previous job and got another job then applied to transfer my H1B but the application / paperwork was sent after 60 days have passed since my last day of employment, while I'm still in the US. I got the approval email from USCIS and now waiting on official document in the mail. Does that mean I'm in the clear?

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

#370

If you could reform the immigration system in one way, how would you do it? Would you say that US immigration is currently broken for tech workers? Also, how does US immigration compare to other countries, such as the UK, Canada, or Germany? Is it easier to immigrate or harder?

US immigration is broken beyond repair. Hard to summarize all the issues in an HN comment, but you may find some of Cato's work on this relevant (e.g., https://www.cato.org/policy-analysis/why-legal-immigration-n...).

Briefly, US immigration has little to no concept of merit. The simple (in theory but hard legislatively) fixes are to make it a lot more like a points based system that favours a combination of skill/education/wages instead of race or country of origin and on the worker rights front removes all dependence on the employer for immigration.

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