How difficult is it to hire an international student on OPT? It seems like the process is straightforward, but a to my knowledge all I will need is to file for an EAD and submit an offer letter showing job is related to the field of study
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
221–230 of 425 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#222Preamble: As I understand it, it is permissible for a European who works for a US company to visit the US as a "business visitor" on an ESTA in order to visit the company, as long as the visit is not for "work". Various sources list activities that are deemed to be "business" and not "work", such as attending business meetings or attending a trade show, and entering on an ESTA for these purposes is thus acceptable. Q…
Not a lawyer, but it seems unlikely that anyone would scrutinize your visit closely enough to care.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#223Which pathways exist for a Chilean citizen who didn't complete their bachelor's degree on CS, but nonetheless wants to take a US job for a 501(c)(3) in a technical capacity? I worked several years as a software engineer, but this role is not as an engineer, but rather as a charity founder (existing 501(c)(3)'s could sponsor me, some CAP-exempt).
I imagine H-1B and the special H-1B1 aren't really options here.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#224Hi Peter, Thanks for taking questions. My cofounder and I have incorporated our startup in US. I am a US citizen and my cofounder is not a US citizen, neither lives in US. He had a valid green card but he gave that away and moved to the home country. My cofounder has majority share and also needs to draw a salary soon whereas I can wait for some time. We are unsure of how my cofounder can be compensated without livin…
Have you considered using an Employment of Record solution (EOR)? Utilizing an EOR can streamline the process of compensating an international cofounder, ensuring legal compliance and reducing the administrative burden on your startup. This approach lets you focus more on growing your business while maintaining global operational flexibility. Just make sure that the EOR is compliant with the country of resident of yo…
Thanks for the suggestion, I will look into this.
Based on your response I am assuming EOR is compliant with US laws, allows compensating individuals that do not reside and do not have legal status in US and people employed through this can be considered an employee of the company. Is that correct?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#225Is an O-1 or EB-1 visa viable as a grandmaster in chess? There are, for instance, only about 100 grandmasters in the United States right now. We're looking at bringing over a Chess grandmaster to our company, but don't know the most efficient route (haven't talked to an immigration lawyer). If time to visa is a factor, is there an easier route?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#226Earlier quoted context omitted.
what you do is, crank up your vpn, choose an European end-point and connect back to the US to do your work... lol... lol. I tell you.. american law is ridiculous... IT has gone global and they still have that ridiculous provision in the books. They are perfectly fine for us to milk the american IT cow from afar.. but don't you dare come spend that cheese in the contiguous USA... I think once an IT professional clearl…
Maybe what could help is if you operate under an LLC. (myself inc.), that way when you visit, you visit as a company... but I am not a lawyer.
Nobody visits as a company, such thing simply doesn't exist. And if you work under ESTA or B1/B2, you're violating the law.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#227Hi Peter, thank you for this!
I understand that when a company terminates an H1-B worker, the company must offer to pay for the return flight. But what happens if the termination occurred while the employee was overseas and the employee wasn't able to return to the US. Could the employee seek a reimbursement from the company for the costs related to terminating apartment lease early, relocating their residence or storage costs?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#228Hi Peter - I understand that it's possible for recent STEM graduates to be self-employed, or a 1-man C-Corp, for the first year of their post-completion OPT. But in the 2 year STEM extension, it seems that you need a distinct supervisor to fill out I-983. How do you suggest that a "solo entrepreneur" modify their business structure so that they can continue working on their business projects during the STEM OPT perio…
In the end, it's up to the school and they all view this differently but I see the focus as supervision (not ownership) so you need someone, an advisor or board member, who is well educated and experienced in the field who would act as the STEM OPT supervisor/mentor.
Thank you!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#229Preamble: As I understand it, it is permissible for a European who works for a US company to visit the US as a "business visitor" on an ESTA in order to visit the company, as long as the visit is not for "work". Various sources list activities that are deemed to be "business" and not "work", such as attending business meetings or attending a trade show, and entering on an ESTA for these purposes is thus acceptable. Q…
Not a lawyer, but it seems unlikely that anyone would scrutinize your visit closely enough to care.
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#230Earlier quoted context omitted.
They can search your phone? Do they need cause?
In the US the Bill of Rights and most other things only apply to citizens (and maybe lawful residents). CBP agents have broader authority to conduct searches of non-citizens and their belongings at ports of entry without a warrant, including devices like laptops and phones, to determine admissibility to the United States. Searches of citizens generally require a higher standard of suspicion or a warrant. In the past,…
That is 100% not true. The Bill of Rights absolutely applies to non-citizens.