Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#1

Post by datacog » Tue, Dec 03, 2013, 4:13 PM UTC

I am working on a startup idea and have received an interview call from an accelerator and very likely to get in. The problem is that I am currently working on F1 (opt ext) and will file for H1B this April. My visa statuses do not allow me to dedicatedly run a startup. Is there any separate visa I could file or any other way I could do this? Suggestions will be greatly appreciated

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#2

Post by lazyant » Tue, Dec 03, 2013, 4:31 PM UTC

IANAL, I believe you cannot work on your startup or any other company with an F1 (you can only work part-time on campus edit: I forgot about the OPT, worth looking into) or H1B (you can only work for the company that sponsored you). You may want to look at the L1 visa.

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#3

Post by datacog » Tue, Dec 03, 2013, 4:34 PM UTC

lazyant wrote: post #2

IANAL, I believe you cannot work on your startup or any other company with an F1 (you can only work part-time on campus edit: I forgot about the OPT, worth looking into) or H1B (you can only work for the company that sponsored you). You may want to look at the L1 visa.

L1 visa has to be sponsored by a company outside of US, so that wouldnt be a feasible option.

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#4

Post by [deleted] » Tue, Dec 03, 2013, 4:35 PM UTC

lazyant wrote: post #2

IANAL, I believe you cannot work on your startup or any other company with an F1 (you can only work part-time on campus edit: I forgot about the OPT, worth looking into) or H1B (you can only work for the company that sponsored you). You may want to look at the L1 visa.

[deleted]

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#5

Post by datacog » Tue, Dec 03, 2013, 4:36 PM UTC

lazyant wrote: post #2

IANAL, I believe you cannot work on your startup or any other company with an F1 (you can only work part-time on campus edit: I forgot about the OPT, worth looking into) or H1B (you can only work for the company that sponsored you). You may want to look at the L1 visa.

Also, I have gradudated and am working on F1 Opt, so I can work fulltime outside campus.

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#6

Post by TheCoelacanth » Tue, Dec 03, 2013, 4:37 PM UTC

The only visa intended for starting a business is the E5 visa. You need at least $1 million in capital to qualify.

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#7

Post by datacog » Tue, Dec 03, 2013, 4:38 PM UTC

[deleted] wrote: post #4

lazyant wrote: post #2

IANAL, I believe you cannot work on your startup or any other company with an F1 (you can only work part-time on campus edit: I forgot about the OPT, worth looking into) or H1B (you can only work for the company that sponsored you). You may want to look at the L1 visa.

[deleted]

on H1B, I am legally only allowed to work for the company that sponsored me the visa. I can switch company, but I can again work only for that one. L1 doesnt allow switching jobs. But both of them have no lee way for forming your own companies in my opinion

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#8

Post by alain94040 » Tue, Dec 03, 2013, 4:39 PM UTC

[deleted] wrote: post #4

lazyant wrote: post #2

IANAL, I believe you cannot work on your startup or any other company with an F1 (you can only work part-time on campus edit: I forgot about the OPT, worth looking into) or H1B (you can only work for the company that sponsored you). You may want to look at the L1 visa.

[deleted]

Please do not spread incorrect information when it comes to US immigration, mistakes can have very real and life-changing consequences.

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#9

Post by iambvk » Tue, Dec 03, 2013, 4:45 PM UTC

IANAL, you can start a startup on H1B if you can prove that you are not sponsoring yourself. The way few people I know did is, by having a board of directors with the power to fire you (maybe through majority vote). You need to list a member of board-of-directors as your manager.

Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

#10

Post by codegeek » Tue, Dec 03, 2013, 4:49 PM UTC

IANAL but based on experience, in general you can legally "own" a company/startup while on F1/H1B but you cannot "run" it. However, USCIS has come up with an explanation of "Employer-Employee relationship [0]" which is worth looking into if on H1B. The Requirement 1 is interesting:

    + How do I demonstrate an employer-employee relationship   if I own my own company? 
    If you own your company you may be able to demonstrate  that an employer-employee relationship exists if the control  of your work is exercised by others.  For example, if your company has a board of directors, preferred shareholders, investors, or other factors that show your organization has the right to control the terms and conditions of your employment (namely the right to hire, fire, pay, supervise or otherwise control the terms and conditions of your employment), then you may be able to meet this requirement.   Some of the evidence you may submit to demonstrate the distinction between your ownership interest and the right to  control your employment includes:                

    Term Sheet
    Capitalization Table
    Stock purchase Agreement
    Investor rights Agreement
    Voting Agreement
    Organizational documents and operating agreements

Otherwise, your options are almost none unless you quality for EB5 [1]

[0] http://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupatio...

[1] http://www.uscis.gov/working-united-states/permanent-workers...