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

183 points proberts | 1 comments | 17 Oct 24 16:01 UTC | HN request time: 0s | source

I'll be here for the few hours and then again at around 1 pm PST for another few hours. 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. Thanks!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

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TZubiri ◴[17 Oct 24 17:15 UTC] No.41871558[source]▶
Remote workers are clearly a gray area in immigration law. On the one hand if the worker lives abroad and imports products and related support services to the US, that's clearly not a migrant worker.

On the other hand, if a remote worker is a virtual receptionist for a US business, or if the worker controls machinery remotely that operates in the states, they clearly compete with local labour, and bring cybersecurity issues.

As an attorney with power to interpret and shape case law, do you think there is any grounds to require visas for some types of private remote work, given the current laws? Or would this be a matter that needs to go through congress.

replies(1): >>41871692 #
proberts ◴[17 Oct 24 17:29 UTC] No.41871692[source]▶
Individuals working outside the U.S., even as employees of U.S. companies, are outside the reach of U.S. immigration law. Now, that doesn't mean that they are outside the reach of all laws, such as those controlling exports or combatting (cyber)terrorism. But immigration law has no say.
replies(1): >>41871783 #
TZubiri ◴[17 Oct 24 17:37 UTC] No.41871783[source]▶
Interesting, but couldn't immigration laws have jurisdiction over the US company that employs the outside employees? Especially in the ways that they interact with US Soil and US citizens.
replies(1): >>41871914 #
spondylosaurus ◴[17 Oct 24 17:53 UTC] No.41871914[source]▶
Immigration policies primarily govern residency, no? If you're not a resident of the US, any laws that apply to you would likely fall under employment or commerce, not immigration.
replies(1): >>41872319 #
1. proberts ◴[17 Oct 24 18:30 UTC] No.41872319[source]▶
Correct.