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

226 points proberts | 3 comments | 05 Dec 25 16:04 UTC | HN request time: 0s | source

As usual, there are countless immigration 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 do the same in my answers!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

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onetimeusename ◴[05 Dec 25 22:01 UTC] No.46167957[source]▶
Is there a way for someone on h1B to start a company in a roundabout way by doing something like placing company shares into a trust and having a unpaid board seat? Is that pushing luck? Not for me but a friend who I had plans to go into business with but we're facing a chicken or egg problem until she gets a green card or changes her visa status.
replies(2): >>46168215 #>>46170675 #
1. proberts ◴[05 Dec 25 22:28 UTC] No.46168215[source]▶
There are ways for someone in H-1B status to start a company and not in a roundabout way. The approach will depend in part on whether she will leave her current employer and get an H-1B through her startup, stay with her current employment and get a concurrent part-time H-1B through her startup, or just stay with her current employer and somehow work on her startup.
replies(2): >>46170694 #>>46171237 #
2. malandrew ◴[06 Dec 25 04:30 UTC] No.46170694[source]▶
> or just stay with her current employer and somehow work on her startup.

The first two options make sense but this latter option sounds like a risk. As I understand it, she can't earn any active income from this startup unless see has an I-129 for it. A share grant counts as income.

I mean, yeah you can work on a side project in your spare time that could become a business, but the moment employment and active income enters the picture that becomes something else.

3. mizzao ◴[06 Dec 25 06:39 UTC] No.46171237[source]▶
If she is issued equity (reverse vesting restricted stock) and not paid a salary, does she still need work authorization for the startup?