11 ms·

Hey Peter, I have a startup project (c-corp via stripe atlas) and I have a developer interested in working with me. Developer is a citizen of Mexico and curre

by holler 7y ago

Hey Peter, I have a startup project (c-corp via stripe atlas) and I have a developer interested in working with me. Developer is a citizen of Mexico and currently works for FANG company in Washington State on TN Visa. What would be the most ideal approach to having this person work with me on the startup project (equity-only 1099 contractor)? I have learned that one can get a 2nd TN Visa, but we're unsure if the primary employer would be notified? Since it's on nights/weekends, it shouldn't be employer #1's business, but at the same time I don't want this person to risk their immigration status. Additionally I'm unsure how a 1099 for a c-corp, equity compensation only, qualifies? Would it be easier to just work in quiet for the time being until working on the project full-time is a reality? Thanks!

proberts 7y ago
His or her current employer wouldn't be notified but equity as the form of compensation doesn't qualify.
- nrmitchi 7y ago
  Could you clarify what you mean by "equity as the form of compensation doesn't qualify"? Do you mean: - He/she would not be able to get a second TN because equity does not count, and they would require a cash compensation in order to qualify for a TN OR - Equity does not qualify as compensation, therefore the developer is not compensated, and therefore he/she does not _require_ a second TN in order to work with the individual in question
  - proberts 7y ago
    The former.
    - holler 7y ago
      Does the cash compensation amount matter? E.g. can I pay them $1 while keeping the equity agreement etc?
    - nrmitchi 7y ago
      Awesome, thank you.
filoleg 7y ago
>Since it's on nights/weekends, it shouldn't be employer #1's business I agree that it shouldn't be their business, but I would be careful with making a broad assumption like that. That applies to everyone regardless of their immigration/citizenship status. As discussed in another thread yesterday [0], at least one of the FANG companies (Google) owns all the code you write while employed by them, even if it is written completely on your own time using your own resources and doesn't bring any revenue. It's a bit more complex than that, but, that's the gist. 0. https://news.ycombinator.com/item?id=15592968 https://news.ycombinator.com/item?id=15592968
- holler 7y ago
  > at least one of the FANG companies (Google) owns all the code you write while employed by them this is absolutely insane and shouldn't be legal.
  - filoleg 7y ago
    Fully agreed. Too bad that the recent antitrust action against Google that has pretty much all the states in on it (minus 2) + DC + Puerto Rico excludes CA specifically [0]. Tells a lot about how much CA actually cares about fairness and "fighting for the little man", as opposed to just straight up virtue signaling. 0. https://news.ycombinator.com/item?id=20920731 https://news.ycombinator.com/item?id=20920731

by holler 7y ago

proberts 7y ago

His or her current employer wouldn't be notified but equity as the form of compensation doesn't qualify.

nrmitchi 7y ago
Could you clarify what you mean by "equity as the form of compensation doesn't qualify"? Do you mean: - He/she would not be able to get a second TN because equity does not count, and they would require a cash compensation in order to qualify for a TN OR - Equity does not qualify as compensation, therefore the developer is not compensated, and therefore he/she does not _require_ a second TN in order to work with the individual in question
- proberts 7y ago
  The former.
  - holler 7y ago
    Does the cash compensation amount matter? E.g. can I pay them $1 while keeping the equity agreement etc?
  - nrmitchi 7y ago
    Awesome, thank you.

filoleg 7y ago

>Since it's on nights/weekends, it shouldn't be employer #1's business I agree that it shouldn't be their business, but I would be careful with making a broad assumption like that. That applies to everyone regardless of their immigration/citizenship status. As discussed in another thread yesterday [0], at least one of the FANG companies (Google) owns all the code you write while employed by them, even if it is written completely on your own time using your own resources and doesn't bring any revenue. It's a bit more complex than that, but, that's the gist. 0. https://news.ycombinator.com/item?id=15592968 https://news.ycombinator.com/item?id=15592968

holler 7y ago
> at least one of the FANG companies (Google) owns all the code you write while employed by them this is absolutely insane and shouldn't be legal.
- filoleg 7y ago
  Fully agreed. Too bad that the recent antitrust action against Google that has pretty much all the states in on it (minus 2) + DC + Puerto Rico excludes CA specifically [0]. Tells a lot about how much CA actually cares about fairness and "fighting for the little man", as opposed to just straight up virtue signaling. 0. https://news.ycombinator.com/item?id=20920731 https://news.ycombinator.com/item?id=20920731