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

194 points proberts | 5 comments | 16 May 25 15:05 UTC | HN request time: 0.625s | source

I'll be here for the next 5-6 hours. As usual, there are countless topics given the rapidly changing immigration landscape and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and I'll try to do the same in my answers.

Edit: I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.

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joshdavham ◴[16 May 25 17:18 UTC] No.44007821[source]▶
I'm a Canadian software developer who'd like to join an American startup so naturally I've been applying to a bunch of jobs. More specifically, I'm looking to go with TN visa.

In most job applications, I need to answer the two following questions 1) Are you legally authorized to work in the US? and 2) Will you now or in the future require sponsorship? I'm looking for advice on how I should be answering these questions.

For example, I believe I should technically be answering NO to 1) and YES to 2), but I'm slightly unsure about this.

I've heard recently that some Canadians actually recommend answering YES to 1) as getting a TN visa is very simple and not too much harder than just hiring an American. The idea is that when you answer NO to 1) that recruiters (and especially startups who are often more naive about visas) will lump you in as being hard to hire like immigrants who come to the US on the H1B and then filter out your application.

As for question 2), because the TN is a "Nonimmigrant" visa, does this technically mean I can answer NO here?

Basically in summary, how would you recommend I answer these questions? I don't want my applications to get auto filtered, but I'd also like to be as honest as possible.

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xp84 ◴[16 May 25 18:07 UTC] No.44008272[source]▶
Hi, I just spent 2 months interviewing and hiring candidates for 4 open (remote) eng positions at a US startup. Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer and make a mental note to never trust you. I don't think you should do that.

We actually hired some Canadian talent -- we just used an EOR in Canada. The EOR cost us about $600 a month per head as their cut, but it was worth it to get the excellent developers we have through that deal.

The reason why some/many firms would filter out anyone saying NO to (1) is that getting a visa sponsored requires significant work of a specialized nature and our company certainly is not equipped to do that because we don't have people who have the time and skills to deal with the insane demands of our government to obtain the necessary document (This is not a new or partisan issue btw, I remember losing a great developer in the Obama years due to the feds giving her the run-around).

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YZF ◴[16 May 25 18:32 UTC] No.44008518[source]▶
TN is not a visa and all you need to get this status is a job offer. There's really no work of any specialized nature but some companies do get legal advice to help streamline the process and get better outcomes like reducing the probability that the person would be denied.

(EDIT: it is sometimes referred to a visa and sometimes as a status but at any rate as someone who had TN status with two different US startups there was very little process around it)

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1. hn_throwaway_99 ◴[16 May 25 19:49 UTC] No.44009178[source]▶
The US State Department literally calls it a visa, I'd trust them before I trust random Internet commenters: https://travel.state.gov/content/travel/en/us-visas/employme...
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2. junar ◴[16 May 25 20:32 UTC] No.44009560[source]▶
Well, if you read through your link, you'll understand what parent comment is talking about.

> Requirements for Canadian Citizens

> A visa is not required for a Canadian citizen entering the United States as a USMCA Professional, although a visa can be issued to a qualified Canadian TN visa applicant upon application at a U.S. embassy or consulate.

> A Canadian citizen can apply for TN nonimmigrant status at a U.S. port-of-entry. Learn about these requirements on the U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) websites. More information about receiving TN status without applying for a visa is also available on the U.S. Embassy Ottawa website.

3. YZF ◴[16 May 25 21:00 UTC] No.44009790[source]▶
I edited my reply because it is sometimes referred to as both. But hey, can't rob you of the joy of correcting someone on the Internet.

https://www.uscis.gov/working-in-the-united-states/temporary...

"If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.

You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:"

"You may be eligible for TN nonimmigrant status, if:

    You are a citizen of Canada or Mexico;
    Your profession qualifies under the regulations;
    The position in the United States requires a NAFTA professional;
    You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment - see documentation required below); and
    You have the qualifications to practice in the profession in question."
"If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant. "

The main point is this has none of the process usually related to "visas" and even if that term is sometimes used along with "TN status" it's its own special thing. Canadians don't need a Visa to visit the US and I am not a lawyer. Mexicans might be in a slightly different situation. Either way, the proper legal answer has no influence whatsoever on the points being made.

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4. gamblor956 ◴[17 May 25 04:26 UTC] No.44012042[source]▶
You guys are talking about two similar and related but different things.

TN is both a "nonimmigrant classification" and a visa. The TN nonimmigrant classification is what is what grants a Canadian citizen eligibility to enter into the U.S. without a visa. A TN visa also grants a Canadian citizen entry into the U.S., and is required for TN nonimmigrants to enter with family members. In a nutshell, you establish your TN classification at your port of entry with (a) proof of Canadian citizenship, (b) letter from employer or prospective employer, and (c) any required credential and fees. You can acquire a TN visa the same way, or (recommended) at a U.S. consulate or embassy prior to your trip, and the primary difference is that the TN visa takes a little more time and paperwork.

Prior to this administration, TN status was a simple and short process; we had dozens of Canadian employees visiting the U.S. every week. However, the current administration does not believe in following established laws, so our legal counsel has been advising us to apply for TN visas for Canadian employees visiting the U.S prior to their trips to avoid any surprises at the border.

Note: Mexican citizens don't get TN nonimmigrant classification status. They must apply for the TN visa at a U.S. consulate or embassy in Mexico prior to their departure for the U.S. They must then apply for admission (aka, a visa) into the U.S. again when they actually arrive (basically, they need a TN visa to get a visa. It is as ridiculous as it sounds.)

5. gamblor956 ◴[17 May 25 04:29 UTC] No.44012051[source]▶
Being pedantic, the authorized admission into a country is a visa.

TN status is a special thing. A TN visa is just a non-immigrant visa given to a TN-eligible Canadian or Mexican citizen.

Canadian citizens don't need to receive a visa prior to their departure for the U.S.; they can get a form of "visa on arrival" through their TN classification. Mexican citizens need to get a TN visa in order to be eligible to get a visa on arrival when they arrive.