Probably hard to answer but in general what are the tradeoffs between sponsoring non-US-citizen employees to come to the US, versus not and instead simply use a 'global remote' model, that for example the YC company Deel (or even Stripe) enables? Is it more cost effective to continue doing global remote or are there benefits to bringing employees to the US?
A good question but not really an immigration one and not one that I can answer.
Fair enough, sir. Thank you for your efforts they are much appreciated here I'm sure.
That still would cross the line even if that wasn't your plan when you entered.
That people get away with working while in B-1 or B-2 doesn't mean that the law allows it; simply put, some CBP officers know the law and others don't. The confusion is that years ago, the B-1 rules allowed for short term work in the U.S. while on the payroll of a foreign company but that absolutely isn't allowed anymore and if an applicant for a B-1 visa or admission in B-1 status says this, then there is a high pro…
Wait, receiving compensation from a US source while in the US on an ESTA is prohibited? Wouldn't that mean that even the activities I described as legit "business" - a remote worker coming to the US on an ESTA to meet their US colleagues and attend a trade show with them - would be illegal? (Heck, if we take your wording pedantically literally, wouldn't it mean even taking a holiday to the US on an ESTA while remaining employed by a US company is illegal, even if you're not doing any kind of work whatsoever?)
We all know startups are crossing that line all the time with their "off-sites," hanging out in Airbnbs and coding together for a week or so at a time around conferences.
One of our engineers got a 10 year ban from the country for misspeaking about this exact situation. "Coming in for an offsite? Think you'll be doing any work there?" "I dunno, I guess it's possible?" That's all it took. Obviously any further trips involved extensive coaching on what not to say to cops at the border.
Hi Peter, Thank you for doing this AMA. What is the timeline for an Indian born British citizen to get the green card on L1B visa? Is the British citizenship favourable for getting permanent residency in USA in this case and eventually citizenship?
Unfortunately your citizenship is irrelevant and all that counts is your country of birth. Because you were born in India you are chargeable to India despite your British nationality.
However if you are married to someone who was born in the UK (or another country) you are able to use their country of birth for your green card. This is called “cross chargability”.
Which has told me as a European that the US is an unreasonable place I don't want to enter anymore, neither for business nor leisure. But I have full understanding for people who are in a situation that the US is still the smaller evil.
They have also said it’s not unreasonable to detain and in some more narrow situations search American at the border. Do most EU nations have constitutional protections as strong as the US bill or rights?
It depends what you mean. In the UK our institutions are centuries old. Heck the working class house my grandmother lived in until she died was older than the state of California.
The constitution is only as strong as the institutions that defend it. The U.S. is not there yet but the political nature of the courts and the judiciary are an anathema to a Brit.
Dear Peter, really appreciate your AMAs. I'm from Europe and recently lost my ESTA due to the TSA searching my phone and making me admit I smoked a joint in California (not legal on a state level). I'm over 50% owner of a C-Corp in Wyoming with a 200k investment and I have another full employment job that would sponsor me. What visa should I approach? H1B lottery didn't work for the second time.
> making me admit I smoked a joint in California (not legal on a state level)
Wait, so weed is not actually legal in California?
I see big billboards around the valley and SF, advertising gummies as if it is a normal part of life. Is it inadvisable for any visitor to partake? This is useful information. It seems to be so normalised amongst tech folks in California these days that I could well imagine being offered a joint (or similar) if socialising in the evening whilst on a business trip.
I have a green card and will be applying for naturalization towards the end of the year. Would you recommend hiring a lawyer to help me with my application, or just do it myself? I’m planning to do it myself but would reconsider if that typically helps (significantly) speed up the process and/or avoid any common issues that people encounter when doing it without legal assistance.
Unless you have an issue - that is, extended absences outside the U.S. while a permanent resident or a criminal record - there's really no reason to hire a lawyer; the process is straightforward and easy (and in most geographic areas fast).
My co-founder and I are working on a cloud startup (we have a registered LLP in India), and after launch, we want to register in the US through Stripe Atlas/Clerky. It seems easy enough (as non-residents) to open a company bank account in the US too. In the future, we plan to apply for the EB-1 (based on your suggestions in previous threads to others) to live in the US. Is it okay to register and operate a US company…
From a an immigration standpoint, it's allowed and there's really no downside to it and if it helps to grow the business, then it will help support your EB1A or EB1C applications later.
Thanks for the reply! Really appreciate the advice.
One of our engineers got a 10 year ban from the country for misspeaking about this exact situation. "Coming in for an offsite? Think you'll be doing any work there?" "I dunno, I guess it's possible?" That's all it took. Obviously any further trips involved extensive coaching on what not to say to cops at the border.
Wow. Wouldnt have expect it to be that strict.
I was working for a US company from the EU and once had a slip of tongue. The officer grilled me for a bit, but also made me realize my mistake. I didn't have any issues in my next visits. I think a lot might depend on the tone and social skills. Maybe the dev in question was a bit rude? Or maybe they stumbled on someone that was almost religious about these things.