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

300 points proberts | 1 comments | 14 Mar 25 14:39 UTC | HN request time: 0s | 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!
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abrichr ◴[14 Mar 25 16:35 UTC] No.43364293[source]▶
Hi Peter, I have a few questions:

1. I currently do consulting for US clients through a Canadian corporation. If I accept a full-time job in the U.S. (e.g., on a TN or H-1B visa), can I continue consulting for other clients?

   - Does the answer depend on the visa type?  

   - Are there any restrictions on self-employment or side income?
2. Can I set up a corporation (LLC, S-Corp, or C-Corp) in the U.S. while on a work visa?

   - Can I be a shareholder?  

   - Can I take dividends?  

   - Can I actively work in the business?
3. What legal structures allow me to maximize flexibility while working in the U.S.?

   - Would an O-1 visa allow for more flexibility?
  
   - If I move under a TN visa, can I later transition to an E-2 investor visa to run my own business?
4. What are the best options if I want to move to the U.S. while keeping the ability to do high-paid consulting?

   - Should I aim for a Green Card as soon as possible? 
 
   - Is there a specific visa category that would allow this?
Thank you for your help!
replies(1): >>43364912 #
hervature ◴[14 Mar 25 17:31 UTC] No.43364912[source]▶
I'm not Peter. IANAL so do your own homework. However, I have been on TN visas for almost a decade.

1. Once you enter the US on a work visa, you are only authorized to work under the restrictions of that visa which are normally tied to a single employer. The "I was working remotely for a Canadian corp" does not fly legally speaking. Wherever your feet are are "where" you are working. That being said, one little known thing about the TN visa is that you are allowed to have multiple of them issued for multiple employers. If you get one from all of your clients, you can continue working for those clients while you are in the US. Practically speaking, they cannot tell you are working remotely and your clients are sending payment to the Canadian corp. However, if audited, do not expect to ever be allowed back into the US.

2. Anyone can start an LLC. You do not need a work visa. However, if you do not have work authorization to work for that company, then you cannot legally work on that business.

3. This is going to be a matter of preference and what you classify as flexible. TN visas are very convenient and issued at the port-of-entry which makes them quick to process. They are also indefinitely renewable and multiple can be issued for multiple employers. The other visas you mention will take months to process. The rules to transition to E-2 are clear "If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification."

4. Consulting is one of the most scrutinized jobs under the TN classification. I do not like being the bearer of bad news but obtaining a Green Card is now a 5+ year process unless you qualify for EB-1 or marry a US citizen which you can get right away. However, you probably do not qualify based on the fact you are focused on consulting. I am not an expert on E-2 visas so I don't know how consulting is treated under that visa but it may very well be your best bet.

replies(1): >>43366637 #
proberts ◴[14 Mar 25 20:02 UTC] No.43366637[source]▶
Excellent responses. Thank you. I would add that the O-1 and the E-2 are probably the best fits to do consulting work for multiple companies in the U.S. but the O-1 requires a relatively high level of achievement and the E-2 requires a "substantial" investment by (in this case) Canadian citizens (which can include investments by you) or Canadian-owned companies and a business plan that shows the hiring of U.S. workers (citizens and permanent residents) over time.
replies(1): >>43368797 #
abrichr ◴[15 Mar 25 00:32 UTC] No.43368797{3}[source]▶
Thank you both!

Follow-up question: do US employers ever provide assistance with O-1 or E-2? What is considered "a relatively high level of achievement"?

replies(1): >>43375812 #
1. proberts ◴[15 Mar 25 23:18 UTC] No.43375812{4}[source]▶
Yes, many U.S. employers, particularly those who don't want to lose out on good candidates, sponsor new hires for O-1 and E-2 visas. It's less about a "high level achievement" and really more about checking evidentiary boxes: an applicant must meet at least 3 of the listed O-1 criteria and very often for talented professionals at least 3 criteria are within reach.