←back to thread

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

183 points proberts | 9 comments | 17 Oct 24 16:01 UTC | HN request time: 0.205s | source | bottom

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.

1. fertrevino ◴[17 Oct 24 18:48 UTC] No.41872559[source]▶
Me and my cofounder are non-US residents and live in Germany. If we get into YC, what would a typical / recommended way to proceed be?

We haven’t established a company in Germany yet, we want to be strategic and make what’s best to succeed.

From what I know we can do the batch with our current tourist visa, so I’d like to know more about the post batch options. Being US based or Germany based is an option for us.

Thanks in advance

replies(6): >>41872872 #>>41873001 #>>41873081 #>>41873747 #>>41874288 #>>41875292 #
2. withzombies ◴[17 Oct 24 19:20 UTC] No.41872872[source]▶
You should still create a US C-Corp, ideally in Delaware.
3. Abfrage ◴[17 Oct 24 19:36 UTC] No.41873001[source]▶
There was a blogpost from someone from germany who got accepted. I looked it up for you: https://web.archive.org/web/20220604131034/https://richventu...

There is also a post on hackernews about it: https://news.ycombinator.com/item?id=31601638 And there is a Ask HN that could be helpful: https://news.ycombinator.com/item?id=31620700

4. Joel_Mckay ◴[17 Oct 24 19:46 UTC] No.41873081[source]▶
Could follow this group of EU business people forming a US entity this year:

https://www.youtube.com/watch?v=shWe5dNqUrc

Also, attend a few free AMCHAM webinars to get the details on foreign ownership rules.

Depending on how large your project becomes, some people may just use a brokerage service to localize the Merchant on Record (MoR) like withreach.com for online retailers. However, only US domestic corporations can mitigate liability on sold goods/services etc. Keep aware of the IRS grace thresholds on sales, as even if you owe $0 in federal and state taxes... it can still become a $8k fine for forgetting to file a return in the US.

Best of luck, =3

5. proberts ◴[17 Oct 24 21:01 UTC] No.41873747[source]▶
That's right, a lot of international founders participate in the batch as business visitors, whether under ESTA or a B-1 visa. The most common post-batch work authorization options are the country-specific visas (for those from Australia, Canada, Chile, Mexico, and Singapore), the O-1, and the E-2. If based abroad and only coming to the U.S. for investor meetings and the like, then you could continue as a business visitor but practically this can become a problem if traveling to the U.S. regularly; at some point CBP will push back.
6. fertrevino ◴[17 Oct 24 22:05 UTC] No.41874288[source]▶
Thank you for your answers, it's super helpful
7. throwaway2037 ◴[18 Oct 24 00:40 UTC] No.41875292[source]▶
Are you aware of the US Green Card lottery? There are very few people who apply from Germany, so you can also try that route. You have a surprisingly good chance to win it. Also, you are not forced to accept it if you win the lottery -- you can decide.
replies(2): >>41875376 #>>41875919 #
8. junar ◴[18 Oct 24 00:54 UTC] No.41875376[source]▶
I think "surprisingly good chance" is overselling it. The reported odds for Germany are about 1%.

https://dvlottery.me/win-chances-green-card-lottery

9. salomonk_mur ◴[18 Oct 24 02:41 UTC] No.41875919[source]▶
Odds are extremely low.