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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?

#61

Post by LukaAl »

hkmurakami wrote: post #53
LukaAl wrote: post #4

If 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…

Having gone through this process, the stage at which you can apply for an E2 visa is after you have raised your Angel/Seed round. (to clear the 100k~300k bar. We talked to several people about this and the most commonly cited number was 300k investment, already residing in a US bank account) Note that if you have a founding team with mixed US-foreign residency and you have convertible notes involved, you may have to…

> Having gone through this process, the stage at which you can apply for an E2 visa is after you have raised your Angel/Seed round. (to clear the 100k~300k bar. We talked to several people about this and the most commonly cited number was 300k investment, already residing in a US bank account)

My experience on the process is that you have to demonstrate a commitment in the business through the money you spent. When we got the Visa we was in the process of raising our seed round and the money in the bank account were pretty low (but we've already invested).

I've no experience on your point of mixed founding teams but there's something to be considered, when the percentage of ownership from foreign citizen goes under the 50% the E-2 Visa is no more valid. If you are already near the limit and you plan to raise in the US better save money and check other solutions (e.g: H1B, J1, O1).

Anyway, better to have a Visa Lawyer assisting you, the only important information is that there are a lot of opportunity.

Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?

#62

Post by hkmurakami »

LukaAl wrote: post #61
hkmurakami wrote: post #53

Earlier quoted context omitted.

Having gone through this process, the stage at which you can apply for an E2 visa is after you have raised your Angel/Seed round. (to clear the 100k~300k bar. We talked to several people about this and the most commonly cited number was 300k investment, already residing in a US bank account) Note that if you have a founding team with mixed US-foreign residency and you have convertible notes involved, you may have to…

> Having gone through this process, the stage at which you can apply for an E2 visa is after you have raised your Angel/Seed round. (to clear the 100k~300k bar. We talked to several people about this and the most commonly cited number was 300k investment, already residing in a US bank account) My experience on the process is that you have to demonstrate a commitment in the business through the money you spent. When w…

> My experience on the process is that you have to demonstrate a commitment in the business through the money you spent. When we got the Visa we was in the process of raising our seed round and the money in the bank account were pretty low (but we've already invested).

Yes, sorry I basically handwaved over this as a given that tangible business commitment spend (office lease, furniture, etc.) is a prerequisite.

Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?

#63

Post by devbug »

samstokes wrote: post #21
yurisagalov wrote: post #19

Earlier quoted context omitted.

Talk to an immigration lawyer before you try this. The H-1B visa was clarified to allow for founder sponsorship, assuming you can demonstrate an employer-employee relationship. To demonstrate an employer-employee relationship you need to be able to show that you can be fired from your company, which is difficult to show if you're the only two founders on the board, and you each own 50% of the company. I'm not saying…

This works if you are three co-founders each with 33%, since any two of you could fire the third. (I am also not a lawyer, but this is how I got my H-1B five years ago.) That said, the fact that the H-1B process is now a lottery - i.e. no matter qualified you are or how good your lawyer is, it's still a roll of the dice - makes it hard to recommend if you actually want any ability to plan for the future. H-1B also pu…

Would brining in a third "co-founder" until you get your H-1B, then firing them work?

Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?

#64

Post by Void_ »

Is the 3 months in the US while working on your OWN company legal?

What do you tell the immigration cop if they ask you if you're going to work in the US? Would you explain that you're going to work on your own company? Would they accept it? Or would you just say you're going for a vacation?

Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?

#66

Post by wildmusings »

brazzledazzle wrote: post #60
wildmusings wrote: post #47

Earlier quoted context omitted.

> since 'securing the border' is one of those fundamentally unattainable political goals prosecutors tend to throw the book at anyone they find engaged in this kind of activity because it plays well at oversight hearings. It's not a political ploy. If you try to make an end-run around the law, they're going to go after you to defend the rule of law. The law isn't a computer program that you can find a bug in and circ…

>The law isn't a computer program that you can find a bug in and circumvent (well, most of the time). The biggest exceptions are finance and tax law right? Seems bizarre that they are though.

Yeah. It makes sense to some extent because those laws are regulating highly technical fields where legal certainty about details is important. We all benefit when public companies have that certainty.

But so much of the complexity is from politicians abusing the tax code to support their pet social projects, to benefit some company in their constituency, to protect some industry from competition, etc. Then they have to make it even more complex and technical to undo the unintended negative effects of their original abuses. Everyone involved should really be ashamed.

Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?

#67

Post by jacques_chester »

zensavona wrote: post #28
yurisagalov wrote: post #2

Regardless 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…

I (Australian) had never heard of the E3 visa until just now - Interesting that it defines "Speciality work" as anything that requires a degree in the job description. I don't have one, but have been working professionally in this field for 4 years (I'm 22), and thus would not be eligible. To qualify for experience in lieu of a degree you require 3 years of work for each one year of university, so when I've been work…

> I don't have one, but have been working professionally in this field for 4 years (I'm 22), and thus would not be eligible.

My understanding is that the quoted figures are indicative only and not backed by black-letter regulation. Of course, consult a lawyer. Or have a potential employer pay for you to consult a lawyer.

Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?

#68

Post by dotBen »

hugh4 wrote: post #59
dotBen wrote: post #22

Technically it isn't clear what visa foreign YC founders should use to stay in the US during the 3 months. Visa waiver[0] only allows for meetings, attending a conference, attend short-term unpaid training or negotiate a contract. Anything that really is 'working' - such as performing software engineering for a company (even your own) - is arguably outside of the visa waiver. I'm assuming YC doesn't want founders to…

If challenged I would stick it under "negotiating a contract". "Yes, I am negotiating a contract for investment. The work I am doing is part of the negotiation"

I wouldn't. Why would you have paperwork to be in the US for 3 months to 'negotiate a contract'.

Its a serious crime to lie or misrepresent to a Federal DHS Officer

Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?

#69

Post by jacques_chester »

adrianmacneil wrote: post #39

Since no one has pointed it out yet, I'll also mention the Diversity Visa (a.k.a. Green Card lottery). This allows you to gain permanent residence in the US (if you are eligible). It opens every year in October, and is free to apply. There are lots of scam sites that will offer to enter you in the lottery for payment, but you can do it free here: https://www.dvlottery.state.gov/ If you get accepted, it takes around 1…

> The allocation of visas is quite odd

It's based on a formula. Regions which saw fewer immigrants are granted more visas.

Because Australians have access to the E-3 visa, relatively few of us who live and work in the USA become immigrants for the purpose of the Diversity Lottery calculations.

Re: Ask HN: What visa do foreign YC founders use to stay in US beyond 3 months?

#70

Post by 15155 »

hugh4 wrote: post #59
dotBen wrote: post #22

Technically it isn't clear what visa foreign YC founders should use to stay in the US during the 3 months. Visa waiver[0] only allows for meetings, attending a conference, attend short-term unpaid training or negotiate a contract. Anything that really is 'working' - such as performing software engineering for a company (even your own) - is arguably outside of the visa waiver. I'm assuming YC doesn't want founders to…

If challenged I would stick it under "negotiating a contract". "Yes, I am negotiating a contract for investment. The work I am doing is part of the negotiation"

Federal Judge: "Can I see which specific individual or entity has expressed intent to invest? Oh, there isn't one.. yet? Goodbye!"
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