←back to thread

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

300 points proberts | 2 comments | 14 Mar 25 14:39 UTC | HN request time: 0.658s | source

I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing 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 responses. Thank you!
Show context
bli940505 ◴[14 Mar 25 14:59 UTC] No.43363255[source]▶
What’s the play for solo founders? I can’t establish a company and work towards funding without an H1B but then at the same time I can’t really afford an H1B without funding.
replies(4): >>43363303 #>>43363306 #>>43363526 #>>43364581 #
miketery ◴[14 Mar 25 16:59 UTC] No.43364581[source]▶
I did this for a bit. There has to be an employee employer relationship even if you have equity. You must establish that you can be fired by the board or an executive in the company. Also you need to be on payroll (W-2) at pulling a prevailing wage for your region and job description.
replies(1): >>43365923 #
1. lurker919 ◴[14 Mar 25 18:52 UTC] No.43365923[source]▶
Curious what is the rationale for this rule. Not against or for it or anything, just interested in what historical precedent led to this logic.
replies(1): >>43372798 #
2. trollbridge ◴[15 Mar 25 14:33 UTC] No.43372798[source]▶
Since an H1-B or O-1 visa is an employment visa, it has to be used as an employee to work for an employer.

Two founders can form a board and hire each other, creating an employee-employer relationship to the business. This has been done with great success for O-1s; I doubt it would be as easy for an H-1B.

There isn’t a visa that allows immigrant or nonimmigrant intent to come to the U.S. and be self employed. Therefore your business structure must not contain a whiff of self employment.