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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

#381

Post by clickety_clack »

YZF wrote: post #205
xp84 wrote: post #168

Earlier quoted context omitted.

Hi, I just spent 2 months interviewing and hiring candidates for 4 open (remote) eng positions at a US startup. Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer and make a mental note to never trust you. I don't think you should do that. We actually hired some Canadian talent -- we just used an EOR in Canada. The EOR cost us about $600…

TN is not a visa and all you need to get this status is a job offer. There's really no work of any specialized nature but some companies do get legal advice to help streamline the process and get better outcomes like reducing the probability that the person would be denied. (EDIT: it is sometimes referred to a visa and sometimes as a status but at any rate as someone who had TN status with two different US startups t…

I am a Canadian working in the US on TN status too (and yes, despite my opinion on it they call it a “status” not a “visa”). I can’t emphasize enough how light of a burden it is on employers to hire a Canadian on TN status. There’s no limit on the number of people who can come in, and it’s issued literally as you travel across the border.

The paperwork is very basic. It’s essentially just a letter signed by the employer that describes what you will be doing. I put it together myself, but an immigration lawyer can help you with it for a couple of hundred dollars if you need it. It’s issued at the border, you just tell the immigration/border guard that you’re getting a TN, then you go into the office, they review the paperwork and put a stamp on your passport. It took about 20 minutes when I did it in Toronto a couple of weeks ago.

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

#382

Post by m00x »

joshdavham wrote: post #125

I'm a Canadian software developer who'd like to join an American startup so naturally I've been applying to a bunch of jobs. More specifically, I'm looking to go with TN visa. In most job applications, I need to answer the two following questions 1) Are you legally authorized to work in the US? and 2) Will you now or in the future require sponsorship? I'm looking for advice on how I should be answering these question…

TN visa is not guaranteed anymore. I had to refile twice before getting approved, and I switched to an L1B to do so.

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

#383

Post by gamblor956 »

hn_throwaway_99 wrote: post #275
YZF wrote: post #205

Earlier quoted context omitted.

TN is not a visa and all you need to get this status is a job offer. There's really no work of any specialized nature but some companies do get legal advice to help streamline the process and get better outcomes like reducing the probability that the person would be denied. (EDIT: it is sometimes referred to a visa and sometimes as a status but at any rate as someone who had TN status with two different US startups t…

The US State Department literally calls it a visa, I'd trust them before I trust random Internet commenters: https://travel.state.gov/content/travel/en/us-visas/employme...

You guys are talking about two similar and related but different things.

TN is both a "nonimmigrant classification" and a visa. The TN nonimmigrant classification is what is what grants a Canadian citizen eligibility to enter into the U.S. without a visa. A TN visa also grants a Canadian citizen entry into the U.S., and is required for TN nonimmigrants to enter with family members. In a nutshell, you establish your TN classification at your port of entry with (a) proof of Canadian citizenship, (b) letter from employer or prospective employer, and (c) any required credential and fees. You can acquire a TN visa the same way, or (recommended) at a U.S. consulate or embassy prior to your trip, and the primary difference is that the TN visa takes a little more time and paperwork.

Prior to this administration, TN status was a simple and short process; we had dozens of Canadian employees visiting the U.S. every week. However, the current administration does not believe in following established laws, so our legal counsel has been advising us to apply for TN visas for Canadian employees visiting the U.S prior to their trips to avoid any surprises at the border.

Note: Mexican citizens don't get TN nonimmigrant classification status. They must apply for the TN visa at a U.S. consulate or embassy in Mexico prior to their departure for the U.S. They must then apply for admission (aka, a visa) into the U.S. again when they actually arrive (basically, they need a TN visa to get a visa. It is as ridiculous as it sounds.)

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

#384

Post by gamblor956 »

YZF wrote: post #319
hn_throwaway_99 wrote: post #275

Earlier quoted context omitted.

The US State Department literally calls it a visa, I'd trust them before I trust random Internet commenters: https://travel.state.gov/content/travel/en/us-visas/employme...

I edited my reply because it is sometimes referred to as both. But hey, can't rob you of the joy of correcting someone on the Internet. https://www.uscis.gov/working-in-the-united-states/temporary... "If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate. You may establish eligibility for TN classification at the time you seek admission to the United States by presenting…

Being pedantic, the authorized admission into a country is a visa.

TN status is a special thing. A TN visa is just a non-immigrant visa given to a TN-eligible Canadian or Mexican citizen.

Canadian citizens don't need to receive a visa prior to their departure for the U.S.; they can get a form of "visa on arrival" through their TN classification. Mexican citizens need to get a TN visa in order to be eligible to get a visa on arrival when they arrive.

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

#385

Post by _blk »

Hi Peter,

Thanks for all that great insight.

I'm currently a Swiss national on E2 with my own biz but looking at partnering with an American (the form could be a partnership or S-corp but it's not set in stone.. Recommendations welcome. State of CO or potentially Wyoming). All the work I do for them currently is consulting under my biz (SMLLC) as investment but apart from my biz paying for some PCB manufacturers there's no flow of money, just a lot of time.

Now my current E2 business has only me as an employee and I'm not sure how the chances of renewal look in 1.5 years if stays that way. End goal is a good partnership on the new venture and US citizenship but AFAIK there's no path from E2. Do you recommend reapplying for a new E2 with the new venture or extend the current one or something else entirely?

From what I understand from the last E2 is that the embassy prefers majority control from the treaty investor which we'd have to discuss if that's a hard requirement

Thanks!

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

#386

Post by dustbunny »

I'm a Canadian moving to the US under TN status. Im looking for tax advice on what to do with my TFSAs and my American income, planning on returning to Canada in a few years. I've struggled to find an accountant who seems to really know what they're talking about. Any tips?

Also, the moving company wants me to get a visa before they book my movers, but the TN status thing happens at the port of entry. Can I get the TN status now even if I don't start for another 6 weeks? Can I get the TN "visa" from a consulate even as a Canadian citizen?

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

#387

Post by nashashmi »

joshdavham wrote: post #342
proberts wrote: post #147

Earlier quoted context omitted.

Legally, the correct answers are No and Yes.

Thanks Peter for your answer. I’ll be sure to apply this advice going forward. With that being said, from seeing the replies to my original question, would you mind expanding on your answer a little more? I’m sure many of the other commenters in this thread would appreciate some more clarity here.

He won’t answer the question from a strategic perspective. He will answer only from a legal standpoint. That’s the only perspective he is an expert in.

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

#388

Post by Nappes »

ty6853 wrote: post #28

Not legal advice but I'm a US citizen and when I've refused to answer their intrusive questions the worst that has happened to me is they imprisoned me, stripped me naked and searched me, got a fraudulent warrant for an internal body search, and then sent me the bill after dumping me at the border when they found nothing. Enjoy.

Bill for what exactly

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

#389

Post by Intermernet »

proberts wrote: post #102
Intermernet wrote: post #69

Earlier quoted context omitted.

Is the correct term "Expedites", or "Expeditions"? Legal terminology seems to break language rules... The term for some (plural) things being expedited would be expeditions, but it seems from your response that, in legal terms, this would be expedites. This doesn't sound right. No source I could find agrees with the term "Expedites" as "plural of expedite". It generally returns something on the lines of "A third-pers…

Expedites as a noun like invites, arguably not grammatically correct but in common use so correct from a usage standpoint.

Thanks, I've never come across it before. Guessing it's more common in the US than Australia. Same with Invites/Invitations.

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

#390

Post by lazide »

footy wrote: post #369
ty6853 wrote: post #28

Not legal advice but I'm a US citizen and when I've refused to answer their intrusive questions the worst that has happened to me is they imprisoned me, stripped me naked and searched me, got a fraudulent warrant for an internal body search, and then sent me the bill after dumping me at the border when they found nothing. Enjoy.

> and then sent me the bill wow, what a horrible way to add insult to injury

Could be worse? [https://en.m.wikipedia.org/wiki/Bullet_fee]
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