Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?
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Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?
#2From USCIS:
* Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
* Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
* Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
* Original scientific, scholarly, or business-related contributions of major significance in the field
* Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
* A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
* Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
* Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
Additional info on the O-1A can be found here: http://www.uscis.gov/working-united-states/temporary-workers...
I'm specifically ignoring H-1B as an option because it's only a viable option between April 1st and 5th of a given year, and the odds are very much stacked against you at this point (from a pure statistics perspective).
There are a few other visas that may be an option, such as the investor visa (E-2), and intra-company transfer visa (L-1), but these are highly situation specific visas.
Also, this is not legal advice, I'm not an immigration lawyer, and you really should talk to an immigration lawyer :)
Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?
#3Regardless of whether you're a YC founder or not, in general unless you're Canadian/Mexican and can qualify for a TN, or Australian and can qualify for an E-3, your only viable real option is an O-1 (Alien of Extraordinary ability). It's not an unachievable visa, and there are many founders who use it, but the requirements to demonstrate extraordinary ability are onerous. From USCIS: * Receipt of nationally or intern…
TN is risky because you may be asked to prove that you are not employing yourself and that you can can be fired at any time by your boss. On top of that, you must be paid market wage or higher and not a "founder's salary".
Another visa to consider is the E-2 (https://en.wikipedia.org/wiki/E-2_visa) if you have the financial resources or after you have raised some funding.
This is not legal advice, consult an attorney.
Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?
#4On your specific question, from feedback of my lawyer, if they have invested (read: spent) more than 100K in the company they are good to go. No requirement on how much you have raised (but obviously at least 100K).
So should't be a problem for a typical YC company.
[1] http://travel.state.gov/content/visas/en/fees/treaty.html
[2] http://www.uscis.gov/working-united-states/temporary-workers...
Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?
#5Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?
#6I've had two cofounder friends (both non-American) who sponsored each others' H1B. Seems like a loophole but it seemed to work :)
Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?
#7If they are from a "treaty country"[1] they could apply for an E-2[2] investor Visa given that at least 50% of the company is owned by entities from the treaty country (easy at that stage) and you could demonstrate a substantial investment in the company (if you are after the prototype stage shouldn't be a problem for a good visa lawyer). On your specific question, from feedback of my lawyer, if they have invested (r…
Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?
#8Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?
#9[1] http://www.uscis.gov/eir/visa-guide/l-1-intracompany-transfe...
Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?
#10If you have been running your company for a year or more outside of the US, you may have some luck with the L-1 Visa for intra-company transfer[1]. The visa is for managers/executives who are coming to the US to work for a US arm of a foreign company. Seems like it can be used for establishing US based offices as well. [1] http://www.uscis.gov/eir/visa-guide/l-1-intracompany-transfe...