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

Re:I’m Peter Roberts, immigration attorney who does work for... by mikesholiu on Friday August 25, 2017 @12:21PM (#15099640)

Hi Peter,

Can founders be on a TN visa (Canadian citizen) and have a CEO title + directorship? Also, is there anything special to be aware of regarding equity for a founder on a TN?

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Re:I’m Peter Roberts, immigration attorney who does work for... by proberts on Friday August 25, 2017 @12:24PM (#15099672)

Both USCIS and CBP oftentimes will reject TN applications by founders, owners, and executives. This isn;t necessarily justified legally but it has become common practice.

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Re:I’m Peter Roberts, immigration attorney who does work for... by planck1 on Friday August 25, 2017 @12:40PM (#15099872)

Piggybacking on this, if they are employed as an engineer and not explicitly as a founder, can they still be issued a significant (>30%, <50%) nonmajority equity share in a company?

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Re:I’m Peter Roberts, immigration attorney who does work for... by proberts on Friday August 25, 2017 @03:22PM (#15101421)

USCIS and CBP will deny TN applications based on significant ownership alone even if the employee is truly working as an engineer and owns less than 50%.

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