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Comment by crowcroft | Hacker News Reader

For people running a small business that is remote/can be done anywhere (a small SaaS company for example). What are their options for operating in the US?

To give a specific example. An indiehacker runs their own business, and wants to move to the US, potentially with the view of trying to become a citizen at some point. They have plenty of income, don't need a job/so don't really have a visa sponsor etc.

What steps should they look to take?

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While physically in the U.S., with very limited exceptions, a foreign national must have some form of U.S. work authorization to engage in revenue-generating activities, even if those activities are remote/virtual or occurring in another country. The default options, depending on the individual's country of citizenship (excluding those from Australia, Canada, Chile, Mexico, and Singapore, who have their own work visas), are the O-1, H-1B, and E-2.

An interesting exercise for the reader is to look up I-9 authorization, or lack thereof, checks for 1099 workers.

This is super interesting Feels like a lot of people just travel the US and work remote a bit with the expectation that they will just slip the cracks.

Thanks!

I think there's a difference from CBP's/USCIS's perspective between visiting the U.S. for brief trips for pleasure or business and continuing to work while here (for the benefit of a foreign employer or client) and traveling to the U.S. to work remotely from the U.S. (even if for the benefit of a foreign employer or client).

I see, so the 'correct' path would likely be something like: Incorporate in the US -> apply for an E-2 (appreciate this is a gross simplification).

Hi, yes, something along those lines. E-1 or E-2 can be good options. Or, for example, open a US branch of your existing company, then have your company sponsor you for an O-1 or L-1 visa.

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