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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

#401

Post by user-on1 »

aub3bhat wrote: post #399
sumedh wrote: post #392

Earlier quoted context omitted.

> COMPANY sponsors H1B for A and hires A as co-founder. You cannot be hired as a cofounder you need to be hired as an employee.

"cofounder" is a legally meaningless SV term. There are three ways you can be associated with a company 1. Shareholder (anyone in the world, except few countries with sanctions) 2. On board of directors (varies from case to case) 3. Employee (requires immigration status)

Can one be hired as a CEO or CTO?

Does that count as an employee?

If one is a software developer at present in current petition can such person transfer his H1B to a role of CTO?

Are there any challenges in this?

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

#402

Post by pedro_hab »

reubenmorais wrote: post #342
pedro_hab wrote: post #217

I'm going to the US on a J-1 visa, I don't have a Bachelor's degree, though I have 2 years pursuing it. It seemed unlikely I'd get a H1-b w/o the bachelors, what other options do I have? I've thought on going back to Brazil for a year, then coming back on a L1 as a last resort.

(IANAL) Don't forget that the J-1 (from Brazil at least) has a two-year home residency requirement that means you need to live in Brazil for two years before applying for any permanent visa. There's ways to petition for the requirement to be waived but I'm not sure about the details.

That's my second J-1, I actually got the waiver for the first, but we gave up going for the H1-b at the moment.

It was pretty straightforward getting it as a brazilian.

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

#403

Post by aub3bhat »

user-on1 wrote: post #401
aub3bhat wrote: post #399

Earlier quoted context omitted.

"cofounder" is a legally meaningless SV term. There are three ways you can be associated with a company 1. Shareholder (anyone in the world, except few countries with sanctions) 2. On board of directors (varies from case to case) 3. Employee (requires immigration status)

Can one be hired as a CEO or CTO? Does that count as an employee? If one is a software developer at present in current petition can such person transfer his H1B to a role of CTO? Are there any challenges in this?

A CEO, CTO, CFO, CXO etc. are all "employees", technically an employee is someone who works for the company (unpaid work also counts) the company.

E.g. You can have 100% equity, be sole shareholder, pay money to a manager/employee to conduct work/business. You can even derive a dividend from the said business. however you cannot "engage in business" which means that you cannot write code whose IP gets assigned to the company. You also cannot have day-to-day management responsibilities. If I remember correctly planning a business and/or attending meetings of board of directors is allowed.

At end of the day shareholding pattern trumps everything else.

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

#404

Post by srinivasang87 »

proberts wrote: post #309
srinivasang87 wrote: post #228

Hi Peter, Thanks for fielding these questions! Do you think Trump will revoke the H4 EAD rule? If he does, how long would it take ? Thanks, Srini

I don't think that he will but the risk of him doing so while low isn't insignificant.

Thank you Peter! Appreciate it.

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

#405

Post by sunir »

jaydenwindle wrote: post #367
sunir wrote: post #346

Earlier quoted context omitted.

What are you doing exactly? Some TN only require 3 years experience

Working as the CTO at an early stage startup. I've got about 6yrs of dev experience, but was under the impression that under a TN the only matching category was a computer systems analyst, which requires a degree.

CSA does not require a degree. You can use any post secondary diploma and 3 years experience.

If you only have high school, you will have a harder time. You could try tech writer. But if your title is CTO you will have trouble. If you have a certified engineer or scientist as your boss (CEO?) you could be a scientific technician.

Grasmick.com is the lawyer I suggest talking to if you want personal advice. He also has an TN ebook worth buying.

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

#406

Post by blorsh »

cgb223 wrote: post #344
proberts wrote: post #284

Earlier quoted context omitted.

Your obligation is to employ people who are authorized to work in the US and not to knowingly employ people who aren't authorized to work in the US. So, once you learn that an employee isn't authorized to work, your obligation is to terminate the employment relationship. You have no further obligation to report this person to the government.

OP here Obviously the above and below situations are hypothetical. I am currently between jobs, and have never been an employer. Let's imagine I was aware that a coworker is an illegal immigrant. Do I have any obligation to take some kind of action? Would it make a difference if one of the C-level employees was the illegal immigrant?

If your non-action could be construed as sheltering/encouraging/aiding the illegal alien with employed in the USA, you're committing a felony. Other coworkers could of course report you for that felony. Here:

http://www.fairus.org/issue/the-law-against-hiring-or-harbor...

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

#407

Post by throthrothis »

eth_vig wrote: post #202

Thanks Peter! What is your opinion on the status of H-4 dependent EAD. Is it likely to be revoked by the new administration? If so, what happens to individuals on H-4?

Individuals on H4 can go watch Indian TV channels in their apartment and try new dishes. They can also occasionally dust their degree certificates once in a while. OR they can use Express Entry of Canada and move to Canada. Like I did.

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

#408

Post by user-on1 »

aub3bhat wrote: post #403
user-on1 wrote: post #401

Earlier quoted context omitted.

Can one be hired as a CEO or CTO? Does that count as an employee? If one is a software developer at present in current petition can such person transfer his H1B to a role of CTO? Are there any challenges in this?

A CEO, CTO, CFO, CXO etc. are all "employees", technically an employee is someone who works for the company (unpaid work also counts) the company. E.g. You can have 100% equity, be sole shareholder, pay money to a manager/employee to conduct work/business. You can even derive a dividend from the said business. however you cannot "engage in business" which means that you cannot write code whose IP gets assigned to the…

100% equity would mean A would have 100% control right?

Then nobody can fire A. Hence 49%.

Can A have 100% ownership and incorporate a COMPANY and then assign BOD to COMPANY Where BOD have control over A but no ownership in company?

In this config can A just hire a employee D and pay him minimum wage according to DOL.

https://www.dol.gov/whd/minwage/america.htm

Would this setup work?

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