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I just want to second what alain is saying here. I'm a foreign national working in US on a visa and I've spent a ton of time and money on immigration law. The

by dotBen 16y ago

I just want to second what alain is saying here. I'm a foreign national working in US on a visa and I've spent a ton of time and money on immigration law. There is some outright CRAP advice in this thread that I know for a fact is BS. Even if you are doing something that is unlikely to get caught at the time, if you ever apply for a green card they will investigate the entire history of your activity in the US and this is when problems can occur. (problems will result in almost certain deportation and being barred from entering US again) I have also heard of a VC/investor passing information to the DHS about a startup founder who pitched him who was working illegally - think about that for a moment. (I've got nothing against him, the investor was totally in his right to do so - plus no one is going to fund a company that has founders working outside the law anyway). PLEASE get legal advice, and from someone who you know has already helped startup founders. Many lawyers don't understand the landscape we are in.

gojomo 16y ago
...a VC/investor passing information to the DHS about a startup founder who pitched him who was working illegally... ...was totally in his right to do so... Huh? From the limited details provided, that sounds highly unethical, unless the founder was endangering others by his presence. A frank discussion with potential investors has to include legal risks, including transgressions-so-far that could, if uncorrectable, cause problems. If the investor takes it upon themselves to report people pitching to immigration (or tax or copyright or employment) authorities, then necessary conversations can't happen. It'd be like pitching an investor and then having them say: "I like what you're doing, and in fact have some investments in a related space. But it sounds like you might not be paying everyone proper overtime, and some of your contractors should probably be reclassified as employees. I've informed my friends at the IRS and EDD. Have a nice day!"
- dotBen 16y ago
  It'd be like pitching an investor and then having them say: "I like what you're doing ... But it sounds like you might not be paying everyone proper overtime, and some of your contractors should probably be reclassified as employees." For a start, it's nothing like that and I think you're being a bit extreme with your counter example. Your example includes 'probably', ie subjective information on the part of the VC. I my original example it's likely that the founder out-right admitted his out-of-status. I don't know the back-story and I only heard it as secondary info (ie not from either party involved) but knowing the SEC and other regulations VCs are under they may well be legally bound to report this and other information. A closer to home example: I know my CPA is legally bound to inform the IRS and DHS of any issues with my immigration status, insider trading on my investments and any tax irregularities. To that end, keep in mind it is also hard to pay tax on income if you are working illegally and not get found out. And if you don't pay tax...
  - gojomo 16y ago
    Except in limited circumstances, there is no legal duty for citizens to report crimes or otherwise be enlisted as law enforcement agents. Several dozen US cities are 'sanctuary cities' with official policies against verifying immigration status or assisting with the enforcement of immigration laws. CPAs may be required to report money-laundering or outright tax-evasion, but I've never heard of them being required to report 'issues with immigration status' or something as minor as 'irregularities'. I'd need an authoritative citation to believe you on that.

by dotBen 16y ago

gojomo 16y ago

...a VC/investor passing information to the DHS about a startup founder who pitched him who was working illegally... ...was totally in his right to do so... Huh? From the limited details provided, that sounds highly unethical, unless the founder was endangering others by his presence. A frank discussion with potential investors has to include legal risks, including transgressions-so-far that could, if uncorrectable, cause problems. If the investor takes it upon themselves to report people pitching to immigration (or tax or copyright or employment) authorities, then necessary conversations can't happen. It'd be like pitching an investor and then having them say: "I like what you're doing, and in fact have some investments in a related space. But it sounds like you might not be paying everyone proper overtime, and some of your contractors should probably be reclassified as employees. I've informed my friends at the IRS and EDD. Have a nice day!"

dotBen 16y ago
It'd be like pitching an investor and then having them say: "I like what you're doing ... But it sounds like you might not be paying everyone proper overtime, and some of your contractors should probably be reclassified as employees." For a start, it's nothing like that and I think you're being a bit extreme with your counter example. Your example includes 'probably', ie subjective information on the part of the VC. I my original example it's likely that the founder out-right admitted his out-of-status. I don't know the back-story and I only heard it as secondary info (ie not from either party involved) but knowing the SEC and other regulations VCs are under they may well be legally bound to report this and other information. A closer to home example: I know my CPA is legally bound to inform the IRS and DHS of any issues with my immigration status, insider trading on my investments and any tax irregularities. To that end, keep in mind it is also hard to pay tax on income if you are working illegally and not get found out. And if you don't pay tax...
- gojomo 16y ago
  Except in limited circumstances, there is no legal duty for citizens to report crimes or otherwise be enlisted as law enforcement agents. Several dozen US cities are 'sanctuary cities' with official policies against verifying immigration status or assisting with the enforcement of immigration laws. CPAs may be required to report money-laundering or outright tax-evasion, but I've never heard of them being required to report 'issues with immigration status' or something as minor as 'irregularities'. I'd need an authoritative citation to believe you on that.