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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

#231
I've heard from lawyers that a spouse can setup a business and employ their spouse with a pending I485 under AC21 in order to satisfy employment should an RFE or interview be requested.

This sounds risky to me. Do you have any knowledge/experience of this?

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

#232

Hi Peter, this is awesome. Thanks! Say a US employer has about 1000 employees who are all residing in the US (so payroll is only set up to handle US taxes and so forth) because it was all commuters until the pandemic. Now there are many remote employees, and that won't change (i.e., no "return to office" unwinding of remote arrangements) so some are starting to move across the country. No problem. When a remote emplo…

You could also consider an EOR like remote.com or deel to hire them as employees abroad without needing to register your own business there and deal with benefits payroll taxes etc.

There is risk in misclassifying employees as contractors in many countries.

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

#233
Hi proberts! Thanks for doing this.

I'm a Canadian on a TN visa at a startup in the US. Would it be possible to continue to work for this company on this status but stay in Canada?

Is there a minimum amount of time I need to spend in the US or can I just fly in for occasional onsite meetings?

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

#234
post #15

The H1B situation in the US has been described as very "luck" based to me, and some have called it "a mess". Is that still the case? How much does it actually depend on luck, or other factors such as country of origin, occupation, etc.?

If you are not from India/China its all good otherwise its a 100yr wait currently.So yeah country based discrimination baked into US immigration law sucks.

> So yeah country based discrimination baked into US immigration law sucks.

While it sucks for an individual from a high-emigration country, if one of the goals of immigration policy is greater diversity, than country-based discrimination is a fair solution.

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

#235
post #233

Hi proberts! Thanks for doing this. I'm a Canadian on a TN visa at a startup in the US. Would it be possible to continue to work for this company on this status but stay in Canada? Is there a minimum amount of time I need to spend in the US or can I just fly in for occasional onsite meetings?

Not a or the lawyer but I'm pretty sure the answer is yes because I was in that status. I lived in Canada and I held a TN so I'd be able to occasionally travel and work in the US when needed.

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

#238
post #58

Hi Peter, thanks for doing this. I have a small team of founders. We've been developing an MVP of a product in the area of health and technology. We consider ourselves pre/early seed. We are currently located in EU. And, we have incorporated our business in Canada. We intend to launch in North America. Would be this be a case that YC is interested to support in terms of immigration and business development? Thanks in…

And, we have incorporated our business in Canada. Curious about why? And how

Because the team has made a collective decision to move to Canada. We also wanted to launch the product first in Canada.

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

#240
post #235
post #233

Hi proberts! Thanks for doing this. I'm a Canadian on a TN visa at a startup in the US. Would it be possible to continue to work for this company on this status but stay in Canada? Is there a minimum amount of time I need to spend in the US or can I just fly in for occasional onsite meetings?

Not a or the lawyer but I'm pretty sure the answer is yes because I was in that status. I lived in Canada and I held a TN so I'd be able to occasionally travel and work in the US when needed.

Thanks for the reply, I suspected that was the case. Was your payroll done in the US or Canada?
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