[HN Gopher] I'm Peter Roberts, immigration attorney who does wor...
___________________________________________________________________
I'm Peter Roberts, immigration attorney who does work for YC
startups. AMA
I'll be here for the next 2.5 hours and then again at around noon
until the end of the day. As usual, there are countless possible
topics and I'll be guided by whatever you're concerned with. Please
remember that I can't provide legal advice on specific cases for
obvious liability reasons because I won't have access to all the
facts. Please stick to a factual discussion in your questions and
comments and I'll try to do the same in my answers! Previous
threads we've done:
https://news.ycombinator.com/submitted?id=proberts.
Author : proberts
Score : 132 points
Date : 2020-11-27 15:57 UTC (7 hours ago)
| CyberRabbi wrote:
| Hi Peter,
|
| What type of effect has the proliferation of immigrant worker
| programs created by the federal government in recent decades,
| such as H1B, had on the natural born American worker? Generally
| positive or negative?
|
| Thank you
| mdturnerphys wrote:
| You're getting downvoted because this isn't something that
| Peter is claiming to be an expert in. He's an attorney, not an
| economist.
| CyberRabbi wrote:
| I would expect an immigration attorney to be generally well-
| versed in immigration in all facets. I'm a Rust developer but
| I generally keep up with all topical software engineering
| issues.
| Andre84 wrote:
| it depends. In my opinion, each case/ impact is individual
| while some cases might impact negatively the native
| american [ in reservation? born in US? or to which extent
| native?], others might impact them in a positive way
| [deleted]
| CyberRabbi wrote:
| The existence of individual cases does not negate the
| fact that a systemic effect exists. What is that systemic
| effect?
| Andre84 wrote:
| there is certain good in diversity which comes from
| immigrants from different locations altogether with
| skills and natural resources it was a factor that allowed
| US to build the most powerful economy in the world.
| However, times change. I remember from lessons of History
| in the Univesity that every civilization has phases:
| Establishing, Prosperity, Decay. It is obvious that
| average impact at each of the three phases might be
| different. Also it might be that in the North and in the
| South the impact is opposite.
| CyberRabbi wrote:
| Are you an American politician or a practicing
| immigration attorney?
| throwitaway4421 wrote:
| I was on an F1 OPT. My employer applied for a H1B/E3/TN
| adjustment of status so that I could continue working after the
| OPT expiration. Unfortunately the I797 came in after the OPT
| expiration date. Not only that, the approval notice came in after
| the 60 day post OPT grace period (and I didn't leave the US). So,
| I overstayed on my OPT visa, but I am currently in the US on a
| valid visa. Should I expect problems in the future? Am I still
| accruing unlawful presence due to overstaying the OPT? Or does
| the clock stop once I receive the I797.
| proberts wrote:
| It does not appear that you have overstayed. As long as the
| request to change status was filed wile you were still in F-1
| status, you were authorized to remain in the US until the
| petition was reviewed/approved.
| klaudioz wrote:
| Hello Peter, thanks for doing this.
|
| I'd like to know your opinion about acquiring an EB-1 visa being
| an IT worker. How difficult do you think it is ?.
|
| I'd like to try to do what Julian Shapiro did:
| https://www.tefter.io/bookmarks/48931/readable.
|
| Also, I'm in H1B-1. Could it be dangerous for me to try this?
| proberts wrote:
| Such a filing would have no impact on your current H-1B status
| or your ability to extend this status. Regarding an EB1A, the
| standard applied is extremely high and very difficult but we as
| well as other attorneys file them for IT professionals. It's
| just going to depend on how strong your background is. I'm not
| familiar with Julian Shapiro.
| h1bthrowaway9 wrote:
| How soon after an approved H1B can one start the green card
| process in current situation, especially with drastic increase in
| the wage requirements?
| zamalek wrote:
| I know that Microsoft and Amazon start you on the process
| almost as soon as you land on American soil, but proberts will
| know more.
| cliverani wrote:
| Can you point us towards any resources for general immigration
| hiring frameworks for early stage startups? Given the current
| shift towards remote work, I'm interested in learning more about
| different approaches.
| proberts wrote:
| I'm not aware but if you ask specific questions, I might be
| able to help.
| ra7 wrote:
| How is the new wage requirements affecting H1B approvals? I heard
| it was being challenged in court. Are H1B transfers and renewals
| also subject to the new wage requirements?
|
| Thanks as usual for your time and contribution!
| proberts wrote:
| Yes, the new prevailing wage requirements are being challenged
| - and also might go away under the Biden Administration - but
| they apply now and to all new H-1B petitions even renewals.
| kasrak wrote:
| Hi Peter,
|
| - Are J1s being issued for software engineering interns for next
| summer? I thought these were paused, but not sure what the latest
| is.
|
| - Would it cause problems if an H1B holder relocates to a
| different US state (one where the sponsor company doesn't have an
| office), but keeps working remotely for the same company?
|
| Thank you.
| proberts wrote:
| J-1s are still being issued but only on an exceptional basis.
| It's likely that this ban will go away with the change in
| administration. As an H-1B visa holder, you can only work at
| the locations listed on the LCA and I-129 with limited
| exceptions. So if you want to work remotely for an extended
| period of time at a location no so listed, then your employer
| likely will need to file an amended H-1B petition before you
| are able to work remotely.
| manishsharan wrote:
| I am a Canadian Citizen orignally from India. I have a MBA from
| Cornell. I have heard that the H1-B visa cap is not applicable
| for my case. Is this true ?
| proberts wrote:
| It is; it's just that there are 2 buckets, one for this a
| master's degree or higher from a US school and another for
| everyone else. What this means in practical terms is that you
| will have a much higher chance of getting selected in the
| lottery than someone without a master's degree or higher from a
| US school. Also, as I'm sure you know, you might qualify for a
| TN, which is not subject to a lottery.
| lyrrad wrote:
| I have a master's degree or higher from a US school. When I
| applied for an H1-B a few years ago, my employer's
| immigration lawyers decided not to submit applications under
| the master's cap, since my degree was unrelated to my
| position.
|
| Are there potential issues if the master's degree is
| unrelated to the position? I have a related undergraduate
| degree.
| proberts wrote:
| Yes, there are potential issues but they could be overcome.
| wollofpu wrote:
| Hi Peter,
|
| Thank you so much for doing another AMA! I'm a 25 year old
| student on F1 Visa (OPTX) that expires in 7 months. I work as a
| software engineer at a tech company. The company will sponsor me
| in applying for the H1B visa. I'm also working on a startup with
| a US citizen. We plan to have the startup sponsor me as well for
| the H1B visa. Hopefully applying for a concurrent H1B visa
| (source: https://www.am22tech.com/concurrent-h1b-multiple-jobs/)
| will help improve my chances of getting picked during the
| lottery. I'm also considering a US O-1 visa and EB-1 visa, but
| might not have the right credentials. I have a Master of Sciences
| in Computer Engineering with Master Thesis in Machine Learning.
| I've built sophisticated logistics tools that generated $500k+ of
| annual recurring revenue in my role as a software engineer. The
| startup I'm working is launching soon and will be a B2B SaaS that
| should generate good cash flow. For who have been through similar
| situations or with immigration knowledge, your feedback and
| advice would be greatly appreciated: 1. What are my best options
| for staying in the US?
|
| 2. What other options do I have for staying in the US?
|
| 3. For an H1B visa, is there any downside to applying through
| multiple employers for different positions at different
| companies?
|
| 4. Do I have a shot for the O-1 or EB-1 visa?
|
| 5. Is it worth exploring options in Canada? If so, what is
| recommended for my situation?
| proberts wrote:
| There's no issue at all with having two companies submit your
| name into the lottery as long as both are bona fide companies
| and bona job offers. There's no question that the H-1B is the
| best option to work for the tech company and an O-1 might be an
| option to work for your own company, although probably not
| until it hs some "traction." Regarding Canadian immigration,
| email me and I can refer you the names of some good immigration
| forms there.
| loganu wrote:
| Check out supervisa.ai for Canadian options. What country were
| you born in, what countries do you have citizenship? H-1B is
| going to be super expensive for a pre-revenue company to hire
| you at (with the new H-1B changes). If you've raised money for
| the startup, you might be able to afford it, but the O-1 is a
| better visa to look at (and cheaper for the company).
| jonatron wrote:
| Can I get a TN1 as a citizen but a non-resident of Canada?
| jariel wrote:
| I am 100% _not_ a lawyer, so understand that.
|
| But having gotten a few TNs at the border, they've never really
| asked about residency.
|
| With your degree, a letter from the employer highlighting the
| constraints (role, salary), they ask you some questions and
| that's it.
|
| If you are young, the border guards might get stuffy that you
| make 2x their salary, I found that to be the case.
|
| The Mexican border officials I found have no clue about
| NAFTA/TN, it's literally a trade violation, it's really odd I
| guess they don't process many Visas but you'd think it would be
| 'in the book' somewhere.
|
| So if you go to the US/Can border with the right paperwork, my
| experience (not legal opinion) has indicated you'd be fine.
| sunir wrote:
| You have to ask for a NAFTA officer. You should do your
| research where the NAFTA officers are and cross at those
| border entries at the times they are present.
| jariel wrote:
| The staff at the Mexican border had absolutely no idea what
| 'NAFTA TN Visa' was, there was no response of "We don't
| have a NAFTA officer on duty now, come back later or go to
| XYZ border crossing" it was "What are you talking about? We
| have no idea, go away."
| vecinu wrote:
| I may be able to share my experience here since I went through
| multiple TN1s.
|
| You'll satisfy the citizenship requirements but will have
| difficulty proving significant ties to Canada if you don't have
| a bank account, car, home or family still in Canada.
|
| Typically speaking you'd have some of these ties if you were a
| resident of Canada but it doesn't really follow as a hard
| requirement.
|
| As long as you satisfy the border officer that you have the
| intent to return home to Canada after finishing your contract,
| you will most likely receive a TN1. It becomes easier if you're
| a current resident.
| proberts wrote:
| Absolutely.
| hamsterbooster wrote:
| Hi Peter, Thank you for doing this. I am a student founder at a
| university in the US on J-1 visa (with 2 year requirement in
| place). I have got an interview with YC last summer and plan to
| apply again. If I got into YC and plan to continue working on the
| startup full-time, what would be my options in term of
| immigration and visa?
| proberts wrote:
| Neither the B-1 nor the O-1 are subject to the 2-year home
| residence requirement so one of these might work. You also
| might want to kick off the waiver process at some point.
| eb5gc wrote:
| I'm on the Eb5 conditional green card and submitted by evidence
| for the job creation and adjustment of status and received my
| fingerprinting notice date in dec. Does that mean my conversion
| to a permanent GC is a mere formality?
| proberts wrote:
| Not necessarily. You job creation evidence needs to be reviewed
| as well as your immigration history/compliance.
| actionowl wrote:
| Do you think the new administration will have an impact on
| immigration and if so, what do you think will change?
|
| My wife and I have been waiting since July on an update to her K1
| adjustment of status. Some of that is COVID related issues, but I
| suspect some of the delay is due to additional processing of the
| new requirements (e.g. I-944).
| proberts wrote:
| To be clear, where exactly are you in the process?
| immigrant1 wrote:
| Hi Peter,
|
| I'm a start-up founder, on a H1B, and I just filed my EB-1a-based
| I-485. My H1B expires end of March 2021. Do I need to renew my
| H1B, or can I simply use the AOS application to maintain status
| while the green card comes through? I imagine after my H1B
| expires, if I don't file for a renewal, I won't be able to work,
| unless my EAD comes through on time?
|
| Under normal circumstances I'd renew my H1B, but given the insane
| salary requirements due to recent changes to the program, I need
| to pay myself upwards of 250K, and I just don't feel too good
| drawing that level of salary as a founder :)
|
| Do you have any advice? Would USCIS relax the salary requirements
| for founders?
| sjs7007 wrote:
| How can someone on a H1-B which is tied to an employer start a
| start up and file EB-1a?
| loganu wrote:
| One way to do it: incorporate the company (Stripe Atlas),
| raise funding, apply for the O-1. Can smoothly move from H-1B
| to O-1 without leaving the country.I've helped a number of
| people do this over the last year. If you have cofounders it
| is slightly easier, but solo founder is certainly possible.
|
| EB-1 is a logical extension of the O-1 - same "exceptional
| ability" criteria. The EB-1 isn't any easier at a big company
| vs a little company; it's all about your professional
| accomplishments. Arguably, raising money and building a
| startup shows you've accomplished more than being engineer
| #600 at BigCo.
| ramraj07 wrote:
| Last time they explained some trickery around the board
| filing it if the board consists of some University folks if
| you finished your degree just there?
| immigrant1 wrote:
| Getting a H-1B for your own start-up is quite straightforward
| if if you have more than one founder and you've raised some
| investment. You need to be able to show that you can be
| fired, so typically having <50% ownership and a functioning
| 3-person (or more) board who can control your actions is
| sufficient. You can get one of the other directors, or a co-
| founder (assuming they are in a position of power, such as
| CEO or Director or President) to sign off on the petition.
| They don't need to be a US resident, just an officer of the
| company.
|
| For new companies, you need to be able to show enough bank
| balance for 1-2 years of salary (we had 300K in the bank when
| we applied for my visa).
|
| For salary requirement, to start off with, don't list
| yourself as CEO or CTO in your first petition, as that
| greatly increases the salary you have to be paid, this may
| not make sense in the early days of the company. In reality,
| for the first 3 years, I was a solo-developer, so I simply
| listed myself as a software developer. 3 years later, once we
| had a team, and when my H1B came up for renewal, I listed
| myself as CTO, and had to pay myself 2x.
|
| Just be careful to list the role that closely resembles what
| you actually do in the company, and while it maybe nice to
| call yourself CEO or CTO, in all likelihood, in the first
| couple years, you're not really functioning anywhere close to
| that capacity, so take advantage of that :)
|
| H1B => EB-1a (assuming your credentials are in place) is also
| quite straightforward. EB-1a can be self-petitioned, so you
| don't even need the company to sign off. Just get a good
| lawyer (like Peter) and that'll be sufficient.
| proberts wrote:
| What are the relevant dates: when did you file your I-485 and
| EAD applications and when does your H-1B expire? Also, do you
| have any sense how strong your EB1A is?
| tomcat27 wrote:
| Can people working on H1B visa open a company to run a side
| business such as a mobile application that doesn't need
| employees.
| proberts wrote:
| It's possible but complicated because self-employment isn't
| permitted under the H-1B.
| kondu wrote:
| Hi Peter. Do the new H1B wage requirements also affect those
| already with a H1B but seeking renewals? (for ex, if they're in
| the green card queue)
| proberts wrote:
| Yes.
| [deleted]
| ty64 wrote:
| How soon before the 5 year citizenship application mark (post-
| getting your green card) can you begin the application process?
|
| Is it advisable to file for citizenship on your own?
| proberts wrote:
| You can submit the application 90 days before your 5th year
| anniversary as a permanent resident and unless you have an
| issue - extended time outside the US while a permanent resident
| or a criminal record - it's a really easy application that
| doesn't require the assistance of an attorney.
| jhatax wrote:
| 1) you can submit application paperwork 6-months prior to the
| 5-year mark.
|
| 2) I did this on my own. It's quite straightforward and there
| are tons of great resources online.
|
| Two things to help you: 1) use Adobe Acrobat Reader to fill the
| form. The forms were created with Adobe's tools (or so it
| seems), so validation is built/in. Also, there are sections
| where the response to the first question dictates the next few
| responses; with Reader, if you don't check the box, you don't
| need to fill N/A in the rest of the fields for that section.
| This might seem like a small detail but when dealing with
| USCIS, you don't want to take any chances. With the right tool,
| you don't have to worry.
|
| 2) if you don't hear back on your application post the
| interview stage, request an appointment with the reason that
| you want to provide additional details or answer follow-up
| questions. My application got "lost" in a pile somewhere and
| took 75-days to make it through to the step wherein I could
| schedule an oath ceremony. The wait is nerve-wracking, to say
| the least.
|
| Good luck and send me a message if you need any help. Once
| again, not a lawyer; just another immigrant who went through
| naturalization (and now filing of my dad's GC) on his own.
| gotem wrote:
| What are some of the greatest legal risks/vulnerabilities for
| startups and how can they be mitigated? Or unexpected risks.
| proberts wrote:
| When you say legal risks/vulnerabilities, are you referring to
| immigration ones (because these are the only ones I am able to
| comment on)? And are you referring to startups founded by
| foreign nationals only?
| gotem wrote:
| I was just discussing in general, but if you can only comment
| on immigration-related ones I'd be curious to hear what some
| common issues are that startups run into when hiring
| immigrants.
| proberts wrote:
| They're really no different from other companies hiring
| foreign nationals. Sometimes, however, with startups, USCIS
| wants to make sure that it's a real business and will ask
| for evidence of this in the form of client contracts or
| letters of interest, funding, products or product
| development, etc.
| Havoc wrote:
| This must be right up there with the best in terms of successful
| advertising campaign.
|
| And I don't mean that negatively - clearly tangible value is
| provided in these threads so fair play.
|
| Still...PR masterstroke in terms of reaching your niche audience.
| proberts wrote:
| I wish I were that smart but thank you. I just don't do enough
| to give back and this is one way that I do or at least try to.
| e_commerce wrote:
| To which countries are you seeing white citizens of the United
| States fleeing, right now?
| [deleted]
| fovc wrote:
| What's a reasonable price to pay good lawyers to put together an
| H1-B application for an employee?
| proberts wrote:
| I think the vast majority charge around $2,500, plus or minus
| $500, although I've seen as low as $1,500 and as high as
| $5,000. Most also charge something additional charge if the
| petition is a cap-subject petition as opposed to a transfer.
| zinekeller wrote:
| I have currently no questions, but thank you for taking some time
| for those who have questions about this important topic!
| proberts wrote:
| Thank you.
| fasinfranco wrote:
| what is something that is currently broken, or very difficult to
| achieve, that you believe should be easier?
| proberts wrote:
| Do you mean immigration-wise?
| fasinfranco wrote:
| working with startups.
| proberts wrote:
| It would be wonderful if the Biden Administration revives
| the International Entrepreneur Rule because we really don't
| have an immigration option specific to startups and this
| would make it much easier for the founders of moderately
| funded startups to work in the US and build up their
| company.
| roamerz wrote:
| I think you can count on Biden, if he is elected
| president, to do everything in his power to completely
| get rid of borders and twitter and fb to ban even talking
| about them.
| yalogin wrote:
| There is a restriction on green cards that the holder cannot be
| outside the country for more than 6 months. How strictly is that
| to be followed, asking because I might have someone in that
| situation soon because of the pandemic.
| proberts wrote:
| It's actually not really a restriction. The real issue is on
| absences of more than one year. And with the pandemic, I've had
| no issues with clients stuck outside for more than 6 months -
| but less than one year.
| alex_h wrote:
| If the person intends to naturalize in the US, a 6+ month
| period outside the US is also presumed to break the continuity
| of residence, which resets the 5 year clock for naturalization.
|
| You can challenge the presumption of a break though.
|
| https://www.uscis.gov/policy-manual/volume-12-part-d-chapter...
| proberts wrote:
| I need to sign off now. I'll be back at noon. Thank you.
| exhibitapp wrote:
| Hi Peter, is it possible/how difficult is it for a Canadian to
| set up a Deleware corp?
| Andre84 wrote:
| Hi You may easily form Delaware corp with clerky
| proberts wrote:
| That's right, it's very easy in the US to set up a company
| and many founders use Clerky.
| eb1-qun wrote:
| I'm from a country with a large EB2 backlog, and I'm at a
| principal/staff level at a FAANG, currently somewhere on the EB2
| backlog.
|
| What are my chances of getting an EB1 if I self sponsor (with
| help from a law firm)?
|
| I have about 15y of professional experience but everything I've
| done has been very proprietary, albeit on well known household-
| name products. I haven't blogged or published either under my own
| name or for my employers. I can probably get references from
| senior leaders in various FAANG companies. I don't have a PhD but
| I have a Masters with some publications and a few dozen
| citations.
| proberts wrote:
| It's going to be tough because the EB1A standard has gone up
| considerably and is tough where there's limited public/external
| evidence of achievement. That being said, it's still possible
| where an applicant can be linked to the major
| achievements/product of his or her employer.
| corazoncito wrote:
| Hi Peter,
|
| My wife (American citizen) and I (citizen of a South American
| country) got married in March of this year (we live on the East
| Coast) and I have submitted my Green Card application as well as
| Form I-765. Is it possible for an American company to hire me
| with that form pending? Or are my employment prospects basically
| zeroed until I receive said form?
| dudul wrote:
| You don't need the actual green card to start working, but you
| need to wait for your temporary Employment Authorization card
| (you should also get a temporary Parole card to be able to
| travel outside the US). Not a lawyer, but I went through this
| process 5-ish years ago, that's how it was at the time.
|
| You can probably start interviewing without these cards (as
| long as you disclose your atypical schedule to the employer),
| but you won't be able to start working.
| proberts wrote:
| Unfortunately, you can't work until you receive the EAD.
| garyfirestorm wrote:
| IANAL you must get ead card in your hand to be able to work.
| Employers will not even interview you if they don't receive a
| copy of it.
| its-hawk wrote:
| Hi Peter, I'm a Canadian student. I recently received a summer
| internship offer starting in May 2020, however I would like to
| enter the U.S. in January.
|
| (1) Could entering the U.S. while the J1 application is being
| processed (in January) cause issues (e.g. due to an updated I-94
| for instance)? (2) Could I get the J1 visa to start in January so
| I don't need to return to the border come May 2020?
|
| Thanks
|
| Edit: grammar & organization
| proberts wrote:
| I would need to know a lot more to be able to answer these
| questions. Please email me separately.
| its-hawk wrote:
| Will do. Thanks for taking the time!
| CalChris wrote:
| Hi Peter, thanks for doing this.
|
| Founders need to understand the basics of immigration paperwork.
| For native citizen founders, this is probably our first
| interaction with the USCIS; we basically know nothing. Can you
| point us to any YC or legal white shoes backgrounder on what we
| need to know about hiring people at their various stages of
| immigration paperwork?
| proberts wrote:
| USCIS offers guidance on its website but I'd recommend that you
| spend 15 minutes with an immigration attorney to understand the
| immigration options and issues (because the USCIS guidance is
| limited).
| garyfirestorm wrote:
| USCIS _
| loganu wrote:
| I'm not Peter but I'm happy to walk any founder through the
| different visa options available to them or potential
| employees. Have helped dozens of YC founders and hundreds of
| founders - logan@legalpad.io
| Moodles wrote:
| Thank you for the Q and A! I have an EB-1A sponsored by my
| employer, i-140 approved and it's been 180 days since my employer
| filed i-485 (still not approved). I have my EAD and AP in hand.
| Can I change jobs, lose jobs, etc with no fear of losing my green
| card?
| sjs7007 wrote:
| Unrelated, but if you don't mind, how did you/your employer
| manage to get a EB-1A filed?
| Moodles wrote:
| I just asked and they did it, haha. I work for a big company
| with a big lawyer team. I came here on an O-1 and it was
| basically just resubmitting all that paperwork. I was
| actually pretty pissed off at the time, because they just
| filed it super fast after I asked, without even getting my
| final approval on the full application. I thought the
| standard for EB-1 was much higher so I was worried, but it
| turned out fine I guess (though I haven't got the physical
| green card in my hand yet, I do have the i-140 approved which
| I think is the hard part where they judge if you're
| "extraordinary" or not?).
|
| Getting the O-1 was such a nightmare though. I'm not being
| modest. I'm really not extraordinary at all. I just think the
| O-1/EB-1 system is a little antiquated, so they look for
| things like academic publications more than e.g. if you
| actually invented a really great technology. Plenty of
| colleagues are actually more extraordinary and productive
| than me. The criteria for O-1/EB-1 maybe made more sense back
| in the 1970s where the smartest folks wrote academic papers?
| But anyway, I did a PhD in a very niche subject area which
| was kind tied to applications in industry, which you can make
| the argument affects lots of people, and so the general
| argument the lawyers made was: "X is a very niche field.
| America needs X". I have a few hundred citations, not
| thousands. But one or two pieces of work were with bigger
| companies so did make the press (mainly a short article which
| was copied and multiplied lots of times across different
| outlets). The really big pain was asking for 7+ references
| from people I had worked with in the past, explaining that,
| hey, this isn't a normal professional reference, this is a US
| immigration thing, so if you could say how much of a genius I
| am that would be super helpful, thanks.
| phonebanshee wrote:
| t seems like you're exactly the sort of person that both
| the letter and spirit of the law are supposed to help. It's
| not supposed to be a system just for, say, Nobel Prize
| winners.
| proberts wrote:
| You really are free to change jobs without issue but you should
| work in the same or similar occupation.
| Moodles wrote:
| Thank you!
| irateswami wrote:
| What's your take on the widespread abuse of H1B visas by large
| tech firms? How could the H1B program be adjusted to protect both
| the visa holder and the American worker?
| briane80 wrote:
| Careful now, if you mention protecting the American worker you
| might get flagged and woke scolded by dang.
| proberts wrote:
| We don't represent large tech firms; our focus is on mid-size
| companies and startups and honestly I don't see abuse with
| these companies. What specfic abuses are you referring to?
| marvindanig wrote:
| I have a tech cofounder who lives abroad. How easy/convoluted
| would it be for him to come to the US through L1 sponsorship?
| Does it even make sense?
| proberts wrote:
| That will depend on several factors, including how long he has
| been employed by the company abroad, the number of people
| employed by the company abroad, and the number of people
| employed by the related company in the US, among other factors.
| Oftentimes, for startups and small companies, an O-1 makes more
| sense initially.
| asdf_snar wrote:
| Hi Peter,
|
| Thanks a lot for doing this. My partner is on a cap-exempt H1B
| (academia) and is a citizen of a European country. She has her
| work authorization, but the visa in her passport is expired, and
| to my understanding she needs that to re-enter the U.S. should
| she leave the country. As you know, visas are not being issued
| until at least Dec. 31st by presidential proclamation. After
| that, it seems consulates have a huge backlog of visas to issue,
| so assuming the proclamation is not extended, it seems the time-
| limiting step will be getting an appointment. It is our
| understanding that until then, she cannot leave the country
| without risking her employment, as she may be unable to return to
| the U.S. for six months or more (which violates the conditions of
| the H1B).
|
| I have two questions:
|
| 1. Is our information correct? We have found conflicting
| information from "official" sources (universities, lawyers, ...)
|
| 2. I understand the desire to prevent abuse of the H1B system. Is
| there some way in which these travel restrictions on active H1B
| holders prevents abuse? We're both very frustrated, but the worst
| part of not being able to see family is that there seems to be no
| logical reason for it.
|
| Thanks in advance.
| proberts wrote:
| To be clear, there's no restriction on being outside the US
| while in H-1B status for more than 6 months (that restriction
| only applies to green card holders - and even there really
| isn't a restriction). Consulates are processing visas but only
| on a limited basis where there is some type of emergency or
| urgent need or where the applicant is working in health care or
| some other type of critical field. So, it's still possible to
| get a visa now, it's just complicated.
| oskapt wrote:
| I'm a US citizen who has been working in Chile for a US
| company for several years. My wife of 12 years is Russian and
| has had a green card since 2000. She grew up in New York. She
| came here with me for my work, and due to COVID was unable to
| return to the US to renew her green card before it expired in
| April.
|
| The company I work for is being acquired, and we are
| preparing to move back to the US. The consulate here said
| that because she has been away for more than a year, and
| because "staying with my US husband who was working for a US
| company in Chile" doesn't count as extenuating circumstances,
| her LPR status no longer applies, and she has to refile the
| IR1 from zero.
|
| We've started that process, but having to stay in Chile for
| another 12+ months while they sort it out is at odds with
| needing to return to the US and perform my job for the new
| company. The consulate here isn't very friendly towards her
| (literally telling her she could have just divorced me and
| moved back to the US if she wanted to remain an LPR). We
| didn't have a problem returning after we lived in Poland for
| 3 years from 2008-2011 (also for my work), and your statement
| of, "...and even there really isn't a restriction..." caught
| my attention.
|
| Is there some magic incantation or specific words she can say
| to the consulate here to grant her permission to return with
| me to the US and get her green card reinstated from within
| the US? My employer is being super cool about this, but it's
| clear that my role (Director of Community and Evangelism)
| will be executed better from _within_ the US.
|
| If this constitutes legal advice you can't give in this
| forum, I'm perfectly willing to retain you to discuss it
| further. We're literally sitting in our house in Chile, bags
| packed, movers on standby, waiting for them to say she can
| return to the country where she's lived since she was 9.
| proberts wrote:
| The Embassy in Chile is clearly acting badly. So far it
| appears that you have received an informal opinion from the
| Embassy but there is a formal process under these
| circumstances that would reaffirm her green card status and
| allow her to travel back to the US. The document is called
| a returning resident visa and it probably makes sense or
| her to apply for this and force the Embassy to review the
| evidence and make a real decision. She should consult with
| an immigration attorney, however, possibly the immigration
| attorney for your employer, to help her with this
| application.
| oskapt wrote:
| We applied for a returning resident visa. She went in for
| the appointment, with all the documentation, and that's
| when the consular told her that unless she'd been in a
| coma for the last several years, it was within her power
| to return. She could have divorced me and returned to the
| US, therefore the criteria for the RRV did not apply. She
| was told to submit for the IR-1.
| proberts wrote:
| That's an outrageous statement and completely at odds
| with the law. I would get your Congressman or Senator
| involved (they do these kinds of things all the time) and
| in the meantime, submit an I-130 so you don't waste time
| if you can't get this decision reversed.
| oskapt wrote:
| Ok. Thank you for the guidance.
| mav3rick wrote:
| Why didn't she travel back before April ? Could have joined
| later and avoided this.
| sushshshsh wrote:
| My wife is an H1B holder who is now in line for a green card.
| She is unable to leave the United States until she receives
| that green card within a year from now.
|
| Her passport will likely expire before then. It's all just a
| giant game :) Our solution was to lawyer up and let them handle
| everything for us, there is no use in trying to understand a
| government system.
| ilarum wrote:
| You don't need to leave the United States to renew your
| passport. Your country's embassy in the US can do it for you.
| sushshshsh wrote:
| Not the Chinese one apparently
| oskapt wrote:
| This is true. My wife has renewed her Russian passport from
| Poland and from Chile, as well as from within the United
| States.
| gmanis wrote:
| Hi Peter,
|
| Thank you for doing this.
|
| Can someone who has unused H1-B from long time ago, use it if
| they have a job offer from a US tech company and is presently
| outside the US?
| proberts wrote:
| Yes, it's possible to use unused H-1B time from a while ago to
| get sponsored for an H-1B now (and avoid the cap). But there's
| a limit; if it was too long ago, it might not work.
| gmanis wrote:
| Thank you. It's almost 10 years I think.
| proberts wrote:
| Since the H-1B was approved or since you were last in the
| US in H-1B status?
| eb3throwaway_5 wrote:
| My company is concurrently filing the forms I-140 and I-485 for
| my GC in the EB3 category pretty soon. 180 days after that, when
| the AC21 rules kick in, and I have my EAD, would I be able to
| move to another state in the US and continue working remotely
| from home for the sponsoring employer in the same position?
|
| Thanks!
| proberts wrote:
| I'd need to review the filed applications to advise but as a
| general rule, after an I-140 is approved and the I-485 has been
| pending for 180 days, the applicant can port his or her green
| card application to another company or even to another position
| or location within the same company - as long as the applicant
| continues to work in his or her occupation.
| arcticbull wrote:
| My understanding is that once you have an approved I-140, an
| I-485 pending for over 180 days, and an EAD, you can pretty
| much do whatever you want (including nothing) so long as by
| the time your I-485 is adjudicated you then have a same or
| similar job. Is that correct?
| eb3throwaway_5 wrote:
| Thank you!
| pixiemaster wrote:
| In a choice between a bad deal for the founder and insolvency,
| which would you choose as a founder?
| jtlienwis wrote:
| Is it legal to hire someone in the US from a foreign country
| because the hiring manager is not fluent in English and needs
| someone with fluency in a foreign tongue, when other qualified
| candidates DO speak English? I lost an engineering job with a
| fortune 500 company once, for a job in California because I
| believe I did not speak Russian.
| proberts wrote:
| That's an employment law question but I don't believe as a
| general rule that it's a violation to require a foreign
| language.
| morpheuskafka wrote:
| It looks like the issue is a little complicated, according to
| this website, they can but it the examples given seem to be a
| little more pervasive than just a single manager not speaking
| English: https://www.shihabimmigrationfirm.com/employment-
| based-immig...
|
| On the other hand, if the product or intended market involved a
| foreign language it would definitely be okay.
| maddynator wrote:
| I am on H1B for last 12 years. Born in India so standing at the
| end of never moving line. Basically dont see when I can get 485
| or green card.
|
| Is there a way for people on H1B to start a company? I don't know
| anyone from India or China who has done this. Reason I am picking
| India and China because they have the longest wait time. I have
| been waiting for 12 years and would guess I need to wait another
| couple of years before I can get anywhere with EAD or
| citizenship.
|
| How do I go about starting a company on H1B?
| loganu wrote:
| You can move to an O-1 or other visa, if you want to move from
| H-1B employer to doing your own thing. Since you've got a
| priority date already, you can keep that when you move to the
| new company, so the wait isn't completely lost.
|
| I've helped 10ish founders go from H-1B employees to being a
| founder on O-1 this year, would be happy to chat through the
| playbook.
| dvishal wrote:
| Can you please share more details for h1-o1 conversion?
| loganu wrote:
| I don't seem to be able to DM... maybe not enough karma?
| logan@legalpad.io and I can walk you through a few options.
| maddynator wrote:
| So do you retain priority date on O-1 that we get on H1b? can
| you please DM me info on how I can reach out to you for next
| step?
| loganu wrote:
| I don't seem to be able to DM... maybe not enough karma? DM
| me or logan@legalpad.io and I can walk you through a few
| options.
| proberts wrote:
| It is possible but it's a challenge because there's a
| prohibition against self-employment in the H-1B context. The
| options are the O-1 (a high standard but self-employment isn't
| really an issue) or the H-1B but with cofounders so that the
| ownership and control are diffuse.
| suyash wrote:
| I thought one can't work for one's own company in O-1 just
| like H1B no?
| maddynator wrote:
| thanks.. cofounder route doesn't pan out for several reasons.
| All cofounder I want to work with are on H1B. And the last
| time I tried a citizen as cofounder they screw you for being
| on visa. Same as how big giant companies do just more
| directly.
|
| Anyway, how does one demonstrate they have extraordinary
| ability for O-1 when everyone on the H1 list has a masters
| and been an engineer for a while? Any examples of how people
| have pulled this off in the past?
| jmangubat wrote:
| I'm a Canadian hired on a TN Visa for a California start up, I
| start in mid-December and plan to fly into California to obtain
| my Visa at that time and then fly back to work remotely from
| Canada. Is there anything about the TN that prevents me from
| working outside of the States?
| sunir wrote:
| Why are you flying to California? For onboarding? I would
| recommend getting a TN prior to your flight in case there are
| problems.
|
| You don't need a TN if you're physically in Canada. You only
| need the TN if you're entering the United States to work. If
| you don't need to enter the United States, you can avoid this
| for now.
| jmangubat wrote:
| They don't have Canadian payroll set up and don't want to
| hire contractors.
| nrmitchi wrote:
| Disclaimer: Not an attorney
|
| Really, there is nothing about a TN that prevents you from
| working in Canada, because you don't need any authorization
| for you to work in Canada (as a citizen).
|
| But what you are suggesting sounds wrong. Do you plan on
| paying US taxes but not live there? Do you plan on not
| paying Canadian taxes?
|
| If you are getting a TN to prevent your employer from
| having to follow appropriate processes for employing people
| in Canada it feels like you are putting yourself personally
| at risk for this employer.
|
| Again, I am not an attorney, but you should probably talk
| to one about options here because something just _feels_
| incorrect about this set up.
|
| Edit: I accidently remoted a sentence:
|
| There are many organizations (PEOs) that try to solve this
| problem, such as https://remote.com/
| sunir wrote:
| As a foreign resident, don't pay US taxes unless you're a
| US citizen. If you don't use a PEO for some absurd
| reason, you may need to file a 1120F if you're exporting
| > $100k USD directly and you will have to issue a W8BEN
| or else your income is subject to a 30% withholding tax
| at the source.
| nrmitchi wrote:
| Pardon? If you are a resident in the US, you pay taxes
| (whether you are a citizen or not).
| sunir wrote:
| This person wants to live and work from within Canada.
| Hence they are outside the US and do not owe US taxes.
| nrmitchi wrote:
| Okay, yes, we're on the same page.
|
| If they're not in the US though (as a Canadian), they're
| not a resident, and therefore not a "foreign resident".
|
| The entire situation is weird because as we both
| mentioned elsewhere, the correct approach here is a PEO
| (or setting up the appropriate hiring organization in
| Canada), rather than claiming to live (or work) in the US
| in order to get a TN (either or which would subject them
| to US taxation), and then claim to not when it comes to
| taxes.
| phonebanshee wrote:
| They want to be an employee of a company in California,
| while living and working in Canada. This sounds like it's
| going to be complicated, and a blanket answer of "you
| don't pay US taxes" seems unlikely to be correct. They're
| also going to face issues like on day 1 when they walk
| into the office and they're going to have to go through
| the whole I-9 thing (https://www.uscis.gov/i-9-central) -
| waving hands and saying I'm going to live in Canada seems
| like it's not a solution.
| sunir wrote:
| The government of Canada will make itself known within 12
| months when you have no T4s, no CPP, no EI contributions,
| and no income tax withdrawals
|
| There are plenty of PEOs that will solve this problem.
| There's an entire well known legal pathway for this exact
| scenario.
|
| Trinet is popular for instance.
| proberts wrote:
| Why are you getting a TN if you will be living and working
| in Canada? You can work for a US company as an employee
| without having US work authorization if you are physically
| outside the US.
| kblev wrote:
| I'm a DevOps engineer living in Europe with 10+ years IT
| experience. No formal education.
|
| What's the best path to work and settle in the US with my wife?
|
| What's a good but reasonable salary that I could achieve?
| wikibob wrote:
| Expect $175,000 to $300,000 compensation.
|
| https://www.levels.fyi/Salaries/Software-Engineer/San-Franci...
| bird_monster wrote:
| Salary will depend heavily on where you want to live. As
| someone else commented, SF salaries are insane.
|
| If you don't live in SF, your salary will not be that insane.
| Seattle/New York will be close.
| 8611m wrote:
| Hey Peter,
|
| Me and my partner recently (1 month ago) got our green cards via
| my employer. My partner had previously started green card process
| through their work as well which is currently in PERM phase.
|
| Is there any value in continuing my partner's green card process
| through their work? Is it at all common that EB green cards are
| rescinded? I have no reason to suspect this, I am just being
| extra careful.
| proberts wrote:
| No, there's really no reason to continue with that process;
| I've never seen a green card revoked because improperly issued.
| emmajohson wrote:
| Hi Peter - thanks so much for taking the time. How quickly do
| administrations tend to impact the flow of immigration to a
| country? ie. if Biden were to relax some of Trump's policies, how
| soon could you expect people from Europe etc. to be able to start
| taking advantage of that. Know it's hard to gauge but would be
| great to hear from your experience with previous administrations.
| proberts wrote:
| My understanding is that all or nearly all immigration actions
| taken by the Trump Administration via executive order will be
| undone by the Biden Administration very quickly if not
| immediately including the travel and visa bans. So, the only
| obstacle - which is a major one, however - is the pandemic and
| the corresponding very limited operations of US Consulates
| around the world.
| Andre84 wrote:
| governmental processes are very slow for ammendments /
| adjustments to get enforced could take years
| [deleted]
| bobsru wrote:
| Hi, I am on H4 EAD and planning to start either C corporation or
| LLC with a little investment (personal). My EAD expires next
| March and I am not going to take any salary. My question is, if
| my EAD extension is not approved by next March(most likely the
| case considering the queue), can I still continue working for the
| company I incorporated? Thanks!
| proberts wrote:
| A nuanced question which turns on among other things the
| definition of employment which in turn will depend in part here
| on how far advanced the company is at that time. I would need
| to speak with you to explore this but the short answer is that
| it might be possible to continue after your EAD expires.
| scottlocklin wrote:
| US citizen here. How do I escape the dystopian hellscape that
| California and its politically connected tech companies are
| turning the US into? Lists of entrepreneur and investment visa
| countries with stable and less evil governments would be
| appreciated.
| dutchmartin wrote:
| Your welcome in the Netherlands :
| https://ind.nl/en/work/working_in_the_Netherlands/Pages/Star...
| Andre84 wrote:
| also maybe Hong Kong might be an option?
| [deleted]
| Permit wrote:
| I have recently joined a FAANG company. I am currently working
| remotely in Canada (where I am a citizen) but they would like to
| bring me to the US in 2021 on a TN visa. I can choose to relocate
| any time from January to July.
|
| I would like for my wife to be able to work in the United States.
| My understanding is that if I get on an H1B visa she would be
| able to get an H4 visa that allows her to work.
|
| My question: Since the H1B is a lottery, is there any advantage
| to me moving to the USA ASAP (Jan/Feb) so I can try to get in the
| lottery for 2021? Or would that be too late and I would probably
| end up waiting for 2022's lottery anyway?
| groundedgoose wrote:
| Your spouse can't work in H4 visa
| Permit wrote:
| Thanks! I must be misunderstanding something then.
|
| I was going off: https://www.path2usa.com/h4-dependent-visa
|
| > An H4 visa allows visa holders to:
|
| > Get a driver's license
|
| > Pursue education
|
| > Open bank account(s)
|
| > Become eligible for an ITIN (Tax ID for IRS Tax purposes)
|
| > Work in the US
|
| Is this site just completely incorrect? Or are you aware of
| additional requirements they might not be stating?
| returningfory2 wrote:
| You need to have an approved I-140 immigrant petition for
| your spouse to qualify for H-4 based employment
| authorization.
|
| However, if your or your spouse's country of birth is also
| Canada, then at the present time you and your spouse can
| file for green cards concurrently with the I-140. Both of
| you will receive work authorization via these pending green
| card applications.
|
| So the H-4 employment case wouldn't be really relevant to
| you. That program exists for people born in countries whose
| green card lines are backlogged, and who can't file for
| green card with their I-140.
| proberts wrote:
| That's right, H-4 work authorization is limited to those
| with a spouse with an approved I-140 from a backlogged
| country (that is, India and China) and category.
| towndrunk wrote:
| I've been in tech for 28 years and I'm thinking of going to law
| school next fall. My focus would be law and technology.
| Comments/thoughts? Thank you!
| proberts wrote:
| Fantastic field with tons of opportunities.
| noantidote wrote:
| Hi Peter
|
| Thanks for doing this! I am currently on a J1-Fulbright (with 2
| year home requirement), and was planning to apply for an O-1 in
| future (once I have a few years to resolve and obtain funding for
| a startup idea). I've been told by Fulbright that it would be
| damaging to future applications if I am denied a 2 year waiver.
| Is this true, and is it likely that a waiver will be granted with
| the new administration? Is it too late if I intend to graduate in
| June 2021?
|
| Thanks for your help in advance!
| proberts wrote:
| Just to be clear, Fulbright is telling you that future
| applications, such as an O-1, could be impacted if your J-1
| waiver application were denied? That's absolutely not true.
| heavy_239823 wrote:
| Hello Peter,
|
| I have Cystic Fibrosis, does this exclude me from the H1B visa?
| proberts wrote:
| Not at all. What's your field?
| [deleted]
| briane80 wrote:
| Are you proud of your work? Driving wages down for everyone?
| kondu wrote:
| I sure am proud of his work, helping thousands of people get
| better jobs and live betters lives.
| briane80 wrote:
| Fine you go ahead and be proud of employers using the
| immigration system to make more money for themsevles and
| shareholders at the expense of employees (regardless of their
| nationality).
| throwawayandh1b wrote:
| At the expensive of hurting thousands of Americans. also all
| the Indians downvoting me, you know it's true.
| greencardq11 wrote:
| How soon after (maybe 6 months) receiving a EB3 greencard can I
| leave the sponsoring employer without raising suspicions? (Been
| working there for 4yrs+) Can anyone take the greencard from me
| leaving too early?
| proberts wrote:
| There's a lot of misinformation about this but there's really
| no waiting period and really hasn't been since AC21.
| greencardq11 wrote:
| Ah nice. Is there anything else I have to do? I want to be
| self-employed ASAP I don't have to stay in exactly same
| profession, right?
| proberts wrote:
| You would need to continue to work in the same field,
| although this is very broadly defined and generally just
| not an issue, and although you can port your green card
| application to your own company, USCIS will want to make
| sure that this company is real and doing business.
| greencardq11 wrote:
| Are you sure this is the case AFTER I received the actual
| greencard? I thought I wouldn't even have to work
| technically (which of course I plan to do) I understand
| this is the case while i485 is pending.
| sg47 wrote:
| Not after receiving your green card. After applying for
| 485.
| proberts wrote:
| Correct.
| gcsmith45 wrote:
| I'm working under H1B. My PERM has been approved and I'm waiting
| to apply for i140. I'm getting married in few months (my to-be
| spouse is outside US and doesn't have a visa) and I want both of
| us to get the green card together. Is it OK to start the i140
| process without getting married and add my wife's name when
| filing for i485 (after wedding in few months?)?
| proberts wrote:
| Yes. But she would need to be in the US in H-4 status for her
| to be able to file an I-485 application with you.
| throwawayquest wrote:
| Hi Peter, is it possible to get a L1 visa if I don't have a
| degree but been at the company for more than 5 years in a
| European office?
| proberts wrote:
| Yes. There are two options: via a blanket L-1A visa application
| as a manager (the blanket L is available to relatively large
| global companies) with a US Consulate or via an L-1B petition
| as a professional/specialized worker with USCIS.
| simonebrunozzi wrote:
| What are the best ways, right now, to be able to work and reside
| in the US, for a talented, experienced, somewhat wealthy IT
| professional? E2, O1, H2B, else?
| proberts wrote:
| Without knowing any of the details, generally the best options
| are the E-2 and the O-1 (assuming that you are not from a
| country with its own visa).
| dandroidguy wrote:
| I recently downgraded to EB3 and filed concurrent AOS and I-140.
| If my spouse uses EAD, does it mean I get tied to EB3 for AOS or
| I can still move to EB2 in case that queue goes faster?
| proberts wrote:
| You can still move to EB2.
| hozsgeek wrote:
| What are chances for H1-B if one take online masters from US
| universities ?
| proberts wrote:
| An online master's degree is fine but note that the H-1B is not
| available to those with degrees from for-profit institutions.
| Andre84 wrote:
| online masters doesnt grantt visa for H1B you will need a
| sponsor
| hozsgeek wrote:
| yes but it's a master's, does that affect the decision making
| process is my question.
| Andre84 wrote:
| exactly. Havng a proof of skills [ e.g. as Univesity
| degree] will add chances over similar applicants that do
| not have one
| [deleted]
| milkbikis wrote:
| My wife and I are both on H1B. If one of us has to go to H4 due
| to unavoidable circumstances, can that person again apply for H1B
| while in US?
| ffggvv wrote:
| how expensive is it for startups to hire immigrants or sponsor an
| h1b? wouldn't it be cheaper/easier to hire americans until the
| company is larger?
| proberts wrote:
| All in for an H-1B, anywhere between $5k and $10k depending on
| the legal fees and whether premium processing is used. So a
| company would avoid these costs if hiring US workers.
| laurencerowe wrote:
| I'll be eligible to apply for naturalisation next year. N-400
| processing times for the SF office are currently 14.5-17.5
| months, compared to 9.1 months nationally and 5.6 months 4 years
| ago. Speculatively, is this something the new administration
| could remedy quickly?
| proberts wrote:
| The expanded processing time is the product of the pandemic
| (shut down of offices, their limited capacity, and the
| backlogs) and political priorities. The Obama Administration
| made the expeditious processing of naturalization applications
| a priority and reduced the processing time to around 6 months
| on average. We will still feel the effects of the pandemic for
| some time but if the Biden Administration makes the processing
| of naturalization applications a priority, then the average
| processing could go down, and probably significantly.
| laurencerowe wrote:
| Thanks! I'll keep my fingers crossed.
| notafraudster wrote:
| Peter -- what's your take on the various COVID-related
| presidential proclamations vis-a-vis the incoming presidential
| administration? Is Biden likely to unwind these immediately, or
| not?
|
| Second, is there anything in the whisper network about how
| forthcoming US embassies have been with National Interest
| Exceptions for the above. There is basically no information
| available online about what categories of people can get these
| exemptions and which foreign embassies are most forthcoming.
|
| I'm a noncitizen living in the US, traveling to Europe in January
| and as of right now don't have a concrete way to re-enter the
| country, since no foreign embassy will discuss the NIE until I'm
| present in their respective country, but that means I need to fly
| with an open ticket and worst case scenario will have to return
| to Canada or Mexico for 14 days before re-entering the US.
| proberts wrote:
| My sense is that the travel bans and bans on the issuance of
| H-1B and L-1 visas will go away soon after Biden takes office
| (although they might be replaced by quarantine requirements in
| the US). Regarding the NIEs, I agree, the process is very
| frustrating because the information is hard to come by and
| varies from Consulate to Consulate but based on my experience,
| NIEs to the ban on travel have been freely granted if one is
| returning to the same company and position in the US.
| academia_hack wrote:
| I have always been curious about the concept of "digital
| nomadism" and remote working while traveling to many countries
| around the world. Most people I know living this lifestyle have a
| very lax viewpoint on the concept that remote working around the
| world incurs special tax liabilities/visa requirements. I'm not
| sure if that's actually true or if living in countries for 2
| months at a time for the purpose of remote working does create
| tax & visa nightmares.
|
| Do you have any advice for US citizens who might be interested in
| taking up that sort of lifestyle? In particular, are there
| countries that are trivially amenable to such arrangements or
| certain types of employment contracts / job arrangements that
| help provide legal cover for perpetually travelling employees?
| proberts wrote:
| Unfortunately, I'm not familiar with the immigration and tax
| rules of other countries but what you mention I see happening
| more and more with our clients and our immigration laws are
| going to need to be changed to account for remote/no-fixed
| address employment.
| vertis wrote:
| IANAL but I have been DN for a few years, albeit not a US one.
| In my reading, US citizens are responsible for US income tax
| regardless of where they are in the world. Some of that is
| balanced by double taxation treaties, but this doesn't apply if
| you're floating from one place to the next.
|
| While it's possible for some digital nomads to become a (tax)
| resident of nowhere, falling into a loop hole, it was my
| impression that this was not the case with US citizens. It's
| anyone's guess as to how long this will last, especially with
| this years uptick in remote work (if that is coupled with a
| return to the ability to travel after COVID).
|
| In the case of self employed digital nomads it's possible to
| structure your businesses to legally minimize taxes. I run my
| business out of Estonia, which may not be the cheapest tax wise
| but has the benefit of being an EU country, and somewhat
| transparent about tax.
|
| Estonia has flat 20% tax on share distributions. This is also
| great for startups. Money that comes into the business and
| stays in the business isn't taxed, simplifying growing your
| business.
|
| https://nomadcapitalist.com has some good reading on the
| subject, both blog or book. Regardless of whether or not you
| agree with his observations on certain things.
|
| I'm far from an expert, but if anyone wants to talk about my
| experiences, my email is on my profile.
|
| Edit: Is it allowed to add answers in AMAs, I'm not across the
| etiquette.
| vertis wrote:
| Also Estonia has a Digital Nomad visa specifically for remote
| workers, allowing you to be in the country for ~1 year. Also
| a lot of digital nomads use https://safetywing.com for
| insurance. I believe they also have a remote team plan.
| bgrgndzz wrote:
| How can college students on F1 visa start a startup?
| proberts wrote:
| Limited preliminary things can be done but you can't really run
| it and work for it until you have OPT. Some F-1 students, with
| very strong backgrounds and great ideas, try for an O-1 or even
| a green card but the standards for these are tough to meet,
| particularly for someone young.
| Andre84 wrote:
| you may reffer to https://www.youtube.com/watch?v=CBYhVcO4WgI
| https://www.youtube.com/channel/UCcefcZRL2oaA_uBNeo5UOWg
| KaneW wrote:
| I am an Australian nation and wondering if you know of any
| companies that sponsor under the E3 visa in Silicon Valley?
| proberts wrote:
| A lot do and as you probably know - at least pre-pandemic - the
| E-3 visa is relatively easy and fast to get. Unfortunately, I
| can't provide the specific names of clients.
| aith wrote:
| Yes E3 is one of the easiest, along with Canada/Mexico. Should
| not be an issue for any company in the Bay Area.
| rickmz552 wrote:
| Hi Peter, Thanks a lot for doing this. What are the risks for an
| F1 student on OPT to run an llc a the US?
| Andre84 wrote:
| What do you imply by "to run"? OPT doesnt restrict from
| registering llc, hoowever to work for own llc difficult
| buerocratic proocedures might need to be completed also refer
| to the answer in the post
| https://news.ycombinator.com/item?id=25232444, please
| [deleted]
| tawer3244r4 wrote:
| Are there any immigration law implications for H1B holderes
| interested in being a co-founder and/or investor and/or advisory
| role in a startup
| proberts wrote:
| The issue is whether these activities rise to the level of
| employment, that is, providing a service in exchange for some
| type of compensation or benefit or really anything of value.
| The main issues arise when the investor or advisor owns a piece
| of the company invested in or advised. The specifics very much
| matter, however, so send me an email if you would like to
| discuss.
| throa2213 wrote:
| My plan is to get a L1 visa (I'll be eligible in 4 months) and
| then apply for a green card so I've got 2 questions:
|
| 1. When do you think US embassies will start issuing L1 visas
| (I've heard it's next to impossible to receive them right now).
|
| 2. Is it possible for a company to apply for an employment-based
| greencard (EB3) for an employee that is based out of the USA? How
| does the timeline look for those (when is the moment where it's
| the absolute necessity to arrive in the USA)?
| throwawayandh1b wrote:
| How's it feel to replace American jobs?
| mkinom wrote:
| What is the best route currently for someone on the H-1b visa to
| startup in the US? Is raising VC funding a necessity?
| loganu wrote:
| Take a look at the requirements for an O-1 and you can see if
| raising VC helps you. get.legalpad.io/legalpad-webinars-and-
| events E-2 visa and green cards are other popular routes.
| proberts wrote:
| That will depend on a number of factors, including country of
| citizenship and the amount and origin of any funding. There are
| visas specific to certain countries and these are always the
| ones to look at first because they are often the easiest to
| obtain. Other potential visas include the E-1, E-2, and O-1.
| And sometimes it just makes sense to remain employed by the
| founder's current H-1B employer and file a concurrent part-time
| H-1B through the startup, which at least allows the founder to
| work openly and with valid work authorization for his or her
| company.
| wqxrtmp1 wrote:
| What is the difference between doing work for someone versus
| simply just working for someone?
| proberts wrote:
| Can you elaborate because I'm not sure that I understand what
| you are asking?
| closeparen wrote:
| Level of independence, probably.
| Andre84 wrote:
| legal difference? it might need more context to extend on it
| e.g. contract work / versus onsite employment etc.
| kilian_a wrote:
| Hi Peter,
|
| I'm wondering which visa pathways are interesting to consider for
| permanent relocation of EU citizens, and possibly Iranians and
| South Koreans when relocating entire startups to silicon valley.
| Thank you for this AMA!
| proberts wrote:
| It's going to vary depending on the country of citizenship but
| right now the best path to transferring large numbers of
| employees to the US is the E-1 or E-2 visa. For large
| companies, the L-1 visa also can be a good option.
| arkj wrote:
| I am from India and we would like to start our operations in US.
| Are there any other visa options for founders other than H1-B?
| gogopuppygogo wrote:
| EB5 program exists if you are well capitalized.
| proberts wrote:
| That's right but the EB5 process is really slow right now.
| The other options are the O-1 extraordinary ability visa and
| the L-1 intracompany transferee visa (if you have existing
| operations in India).
| proberts wrote:
| Depending on a variety of factors including whether there are
| spouses involved who would like to work and whether multiple
| founders and/or employees will need work authorization, the
| options are the O-1 and the L-1. (The E-1 and E-2 are
| unavailable to Indian citizens.) There's also hope that the
| Biden Administration will revive Obama's International
| Entrepreneur Rule (or IER). This likely would be the best
| option for many founders but we'll have to see.
| loganu wrote:
| O-1 is generally a better visa for founders: 3 years, renewable
| over and over, path to a green card, no minimum salary, can
| come and go as you like.
|
| E-2 and L-1 also possibilities, depending on structure and
| financing of the company.
|
| H-1B would be my last resort, if I was going to move to the US
| as a founder again.
| throwaway961 wrote:
| Hi Peter, I'm in the UK and have an approved I-140 (EB2 NIW). I'm
| waiting for IVP but due to COVID19 and the various visa bans, the
| London Embassy is apparently only scheduling interviews based on
| National Interest Exception grounds. I'm co-founder of a new
| startup in my research field (same basis as NIW, cloud
| computing), looking to move to the US to register the company,
| raise a seed round and hire. Do you think that NIW could provide
| grounds for a National Interest Exception?
|
| Thank you!
| proberts wrote:
| Possibly but you would need to show something more, such as job
| creation or some connection to medical research or healthcare
| or infrastructure.
| avz wrote:
| Can an employee on EB green card leave their sponsoring employer
| to start a PhD in the US and keep the GC?
| proberts wrote:
| Yes. Once one has a green card, one can do anything.
| wonderwonder wrote:
| How did you get into immigration law and then how did you become
| to work for a company like YC?
| proberts wrote:
| To be clear, I don't work for YC. I always was interested in US
| immigration and like just about everyone in the US (with the
| exception of Native Americans), my ancestors immigrated here.
| And the federal judge I worked for after law school was a
| strong supporter of the rights of those seeking asylum in the
| US. And then I was extremely fortunate to work for wonderful
| immigration lawyers early on in my career which solidified my
| interest.
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