Can you open a business in USA without being there, living there? Greetings from Kosovo!
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
61–70 of 527 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#62Hi Peter, Thanks for doing this. I am a Canadian citizen born in India and ~ 6 months ago moved to work for a FAANG company on a TN visa from Canada.
The company applied for H1B visa lottery this year and awaiting the results for that.
My question is if I get through the H1B lottery
- How does it impact my options to switch employers in the future? Would I be able to work on H1B for future employers?
- My partner (Canadian citizen) is currently on a TD visa (which does not allow work) but actively searching for positions eligible under the TN categories. If my status changes to H1B, would she be ineligible for a TN visa?
Are there any obvious advantages of H1B other than eligibility for applying for a green card (which is a loooooong wait for people of Indian origin)
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#63Hey Peter, thank you for doing this!
Is it possible to build a successful o1 case for a founder, who's been digital nomading for years and can't build his case based on achievements from one specific country? Any tips?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#64Hi Peter, I have a few questions:
1. I currently do consulting for US clients through a Canadian corporation. If I accept a full-time job in the U.S. (e.g., on a TN or H-1B visa), can I continue consulting for other clients?
- Does the answer depend on the visa type?
- Are there any restrictions on self-employment or side income?
- Can I be a shareholder?
- Can I take dividends?
- Can I actively work in the business?
- Would an O-1 visa allow for more flexibility?
- If I move under a TN visa, can I later transition to an E-2 investor visa to run my own business?
- Should I aim for a Green Card as soon as possible?
- Is there a specific visa category that would allow this?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#65What are the pitfalls to watch out for when following the I-130 process? I’ve read a bunch about applying for a green card from within the US, but not as much good info for the I-130.
If you are applying for a family-based green card while outside the U.S., then the main challenges are timing - these take longer than U.S.-based applications - and travel to the U.S. - while travel to the U.S. is fine while in the I-130 process abroad, you should expect to be questioned when you enter the U.S. about your plans; CBP will want to make sure that you are not trying to circumvent the process abroad while entering as a visitor and then applying for a green card when in the U.S.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#66Hey Peter. Is there any way to confirm whether a request to USCIS to bump a case from F2A to IR was recevied or acknowledged? We haven’t received any 797-C or any other confirmation. Thanks!
Yu won't receive anything in writing; sometimes by calling USCIS and escalating to a supervisor, this can be confirmed.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#67Possibly too broad of a question but any insight you can provide on the definition of "work" in the context of being a digital nomad in the U.S. would be helpful. For example, if I am a European citizen who works for a European company and enters the U.S. on a B-2 for a 2 week vacation, is it reasonable to interpret the prohibition on "work" as meaning I am not allowed to participate in the U.S. labor market but does not prohibit taking a zoom call with my team back in Europe? The common sense application of immigration law is that it's not work for immigration purposes but I'm curious if you have a more nuanced take and/or any insight.
According to "International Digital Nomads: Immigration Law Options In The United States Abroad" published in The Georgetown Law Journal[1] some jurisdictions have specifically said that it is not work which is what I'm leaning on for my current (optimistic?) view.
"Directors of the CBP office in South Florida, a leading winter locale for visiting “snow birds,” recognize that “[w]orking remotely from the US for a foreign employer, by itself, is not a violation of B visitor status” so long as “the work is incidental to the primary purpose of the trip,” which is a permissible visit."
[1] https://www.law.georgetown.edu/immigration-law-journal/wp-co...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#68If a transgender software engineer who is a US citizen applies for asylum in a non-US country, are they at risk of losing their US assets (e.g. a home) or having their US accounts frozen?
I can only respond about the potential U.S. immigration impact but there is nothing in the law at present that would allow the U.S. Government to take away your citizenship. It's unbelievably upsetting and shocking, to me at least, that a U.S. citizen would ever have to seek asylum in another country but that's the world we're living in now so it's a fair question.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#69How risky is the E-3 to Eb1 green card path for moderately successful founders in this current political environment?
Do you mean because the E-3 visa not a dual intent visa?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#70Can you open a business in USA without being there, living there? Greetings from Kosovo!
Not Peter but yes. The U.S. is pretty easy to incorporate in from overseas, many agents offer the service, such as Stripe Atlas and Firstbase. Keep in mind, the U.S. tax system is much more complicated than most other nations so unless you specifically need a U.S. entity, pick a country with friendlier tax laws.