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

245 points proberts | 1 comments | 17 Oct 24 16:01 UTC | HN request time: 1.37s | 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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kimjune01 ◴[17 Oct 24 16:57 UTC] No.41871402[source]▶
I'm a Canadian looking for remote work in America. Is there any downside risk to the employer if I work a W2 remote job from Canada? As long as I pay taxes, is there any risk to the employee?
replies(2): >>41871521 #>>41879783 #
proberts ◴[17 Oct 24 17:11 UTC] No.41871521[source]▶
From an immigration standpoint, no downside and no risk. We have a lot of companies that do this: employ people abroad as W-2 employees without any U.S. work authorization (which isn't required if the employee is working remotely outside the U.S.).
replies(1): >>41879725 #
1. infinite8s ◴[18 Oct 24 14:19 UTC] No.41879725[source]▶
How are these companies able to employ remote people as W2 employees? Aren't the remote employees subject to their local employment law? For example, in Canada the GP would need to be employed as a T4 which requires the company to maintain a Canadian presence (and pay corresponding taxes in Canada).