What are some of the challenges involved with international hiring in a remote environment? I work at a fully remote startup with ~200 employees. We hire from a couple dozen countries but I know there are fairly significant barriers whenever we add a new one. What are some of those challenges? Are they getting more streamlined?
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
#12Do you have a list of common red flags that engineers should avoid when considering working at a startup?
From an immigration standpoint? Only that the immigration options and issues should be fully vetted and understood as early as possible. While there are some minor differences, from an immigration standpoint, there's little difference between the immigration options/path for employment with an established/large company and a startup.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#13How are YC startups addressing the myriad of legal and copyright concerns around the AI models that seem to underpin so many of their business models?
That's outside my area but the key is to engage with corporate/IP counsel at the outset, ideally before the company has been incorporate. One non-immigration issue that comes up all the time is incorporating before the founder has left his or her employer and thus putting the IP at risk.
Ah apologies, didn't realize you were talking immigration only
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#14This is not immigration per se, but how often do you actually see issue with contract requalification?
For context: hiring remotely you don't want to set up a corporate presence in every country, that would be mind-boggingly complex & expensive — so instead you hire people as contractors or use an employer of record (EOR) like Deel to hire people and then you contract Deel.
The one risk with hiring contractors that will basically only work for you (though for sure, the contract should not make this a condition) is that in some jurisdiction is allegedly pretty easy to take these contracts to court and requalify them as employment contracts, putting you on the hook for back taxes and possibly fines.
I'm just wondering how much that stuff happens in practice, and how much of an issue it is when it happens.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#15Do you have any recommendations on how long one should wait before starting a startup after receiving permanent residence (EB2) in the US?
I've heard rumors that quitting the job that was used to justify the permanent residence too soon can jeopardize either the green card or future naturalization applications. Is this true?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#16Is there a possible track for H1B holders (solo/team) to be able to start one? What I have usually been briefed is that you need a US citizen as a majority stake holder. Thanks.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#17What's the general schema of getting someone a work visa in the US?
My understand is big tech usually tries to see if you're eligible for an O-1, and then they take their chances for H1-B, and then there's also a pathway for bringing in workers that have already worked from you from abroad (for one year).
Wondering if there's other types of Visa that are applicable, and where they slot in in the general algorithm of a US-based employer that wants to get a Visa for one of their workers.
I also recently learned about the EB1 Visa, though that one is not tied to an employer. I'm wondering how it compares to the O1 in ease of access / modalities.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#18I think you missed to mention your area of expertise in AMA description
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#19[deleted]
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#20What are some of the challenges involved with international hiring in a remote environment? I work at a fully remote startup with ~200 employees. We hire from a couple dozen countries but I know there are fairly significant barriers whenever we add a new one. What are some of those challenges? Are they getting more streamlined?
From an immigration standpoint, there are no issues with U.S. companies employing foreign nationals who are working remotely OUTSIDE the U.S.; U.S. immigration doesn't come into play unless and until the individual will be working IN the U.S. For employees working remotely in the U.S., while this needs to be noted and referenced in any immigration application, it doesn't really change the immigration options and paths.