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

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.

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).

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)

Brief reading of reddit posts by people who actually did this almost always included that the company's lawyers wrote them letters and prepared packets of materials for them to provide CBP. We don't have any lawyers. We're simply not employing people who don't have green cards. We don't have time or money to play games with the government.

One important thing in seeking TN status is that the title of degree matters immensely to your employability, which goes entirely against what I stand for, as if you have a degree in economics or no degree but do a great job of writing code, I'd want to hire you. The law contains vagaries and there is a "memo" which suggests that they use common sense, but it's all up to a random border guard who might not know any of that to interpret everything.

Anyway, you're not automatically legally allowed to work in the US and lying about it won't help. We can agree to disagree on whether we "should" deal with all that stuff or if we're missing out, but lying to get halfway in the door is the worst way to change an employer's mind, especially in this economy when plenty of domestic candidates are available.

I agree with you about the dishonesty of saying yes (as I replied in another comment).

That said this is a choice you're making from what sounds like more religious reasons. Your company and your choice but it's not hard to employ TNs in a startup (and I know because I had TN status with two startups so I'm a little ahead of "brief reading of reddit posts").

TN status can also be applied for in advance by the way, doesn't have to be at the border. This wasn't an option when I had TN status but now it is.

While I was only speaking in hypotheticals about companies that only want to hire people who have legal status (no one has asked us to help them get TN status), I'd rather do zero paperwork by hiring people with existing status, than (allegedly) "not hard" work to support TN hopefuls, especially given the US government is liable these days to randomly change things around and cause chaos - especially in areas likely to score political points like immigration. POTUS could declare tomorrow that every TN (in a certain industry? state? whatever) has to go home in 10 days.

My attitude would certainly change though, if/when we can't find skilled people with existing work authorization, or if I had an incredibly strong personal referral.