Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

news.ycombinator.com

Post reply on HN
Print view View original

71–80 of 125 posts

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

#71

Post by hackerboos »

Finbarr wrote: post #9

If 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...

This is the visa Microsoft uses to get devs into America.

They work in Vancouver for 12 months and then get an internal company transfer using the L1 visa.

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

#72

Post by dirkdk »

yurisagalov wrote: post #17
graeme wrote: post #14

Earlier quoted context omitted.

>I hear that O-1 review has become less favourable to founders over the last 1-2 years. Is this because it wasn't intended for that purpose and the system is cracking down on founder's using it as such? I've looked into the O-1 based on the fact that I'm (legitimately) a top expert on a very niche field. If I ever move to the states I think it's my only possibility since I work for myself.

From what immigration lawyers have described to me, USCIS is cracking down and making the requirements for an O-1 (And EB-1, by proxy) more strict. What they want is "objectively verifiable" evidence in the form of press, recognition, awards, earnings, etc. What they value much less now than they used to is famous people telling them how awesome you are (e.g. getting your famous investor to write you a letter is less…

Yeah, they have become more strict over the last 2 years. Mentorships is another thing they value less

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

#73

Post by dirkdk »

flurp wrote: post #31
will_brown wrote: post #23

Earlier quoted context omitted.

Not knowing what YC actually does, my first 2 thoughts were: O-1 and J-1 Visas (certainly there could be other solutions) O-1: Typically I would think of athletes/entertainers, in the US for competition/show/tour/etc... It may not apply to some young founder getting into YC who has no other track record of success; however, YC/Tech are politically connected so the mere fact one is accepted into YC, it might = extraor…

I think J-1 would be the most legally correct (IANAL and all but I have some J-1 experience). YC should be able to bring founders on board. Since J-1 is for education and the program is basically an education. J-1 is also quite openly (ab)used to bring employees over who do not qualify for a H1B or O-1. Only important thing to remember is to pay the J-1 "student" otherwise they are (depending on origin country, but m…

No, as a founder you can forget to get a H1B visa, even 2 years in. Unless you have a legit board of directors and you can demonstrate you could potentially be fired, they will argue that you started the company to employ yourself and get yourself a visa that way.

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

#74

Post by dirkdk »

Void_ wrote: post #64

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?

working on your US company, or your foreign company, is not allowed when you visit the US on a visa waiver. You are allowed to represent your foreign company, look for partners/customers, do marketing, visit conferences etc. But not be "productive"

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

#75

Post by dirkdk »

postila wrote: post #44

O-1 w/o lawyer is not only impossible, it's the way I recommend to everyone who already achieved smth in homeland country. I received O-1 visa in February 2015 and I did it without lawyer. After I id it, I helped a couple of my friends and they received O-1 as well. Again, without lawyers. All you need is: 1) learn USCIS docs (law itself and directions on the official site) 2) learn as many examples as possible (in m…

Awesome that you got the O1 without a lawyer, however I would recommend against it. Yes the amounts you quote are correct ($3-$8k) but compare that against your own cost of opportunity. Getting an RFE will set you back months. O1 is one of the most vague visas and it is important to work with someone that submits petitions for them on a regular basis

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

#76

Post by hugh4 »

dotBen wrote: post #68
hugh4 wrote: post #59

Earlier quoted context omitted.

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

I'm not suggesting lying, I'm suggesting using a broad definition of "negotiating"

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

#77

Post by falsedan »

klipt wrote: post #45
adrianmacneil wrote: post #37

Earlier quoted context omitted.

The E3 has basically the same requirements as the H1B (regular work visa), the main difference is that there is no cap (whereas H1Bs are capped and it's basically a lottery whether you get one or not). IIRC there is some way to avoid the degree requirement if you have a skilled job and an equivalent # of years work experience.

Technically E3 has a cap, but since only Australians can apply for it (as opposed to the whole world applying for H1-Bs) the cap has never been reached.

Yeah, the quota is 10k of which about 3-4k a year is used. Extensions don't count against the quota and are renewable indefinitely.

Drawback is: non-permanent visa (so banks won't lend to you) & you can't have intent to stay (can't apply for greencard).

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

#78

Post by falsedan »

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 would not recommend the E-3 for a founder. Technically it's allowed to set up a company & then extend an offer to yourself to fulfill the requirements of the visa, but it will count against you at renewal time (or if you want to apply for a greencard at a later date).

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

#79

Post by alexro »

dirkdk wrote: post #74
Void_ wrote: post #64

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?

working on your US company, or your foreign company, is not allowed when you visit the US on a visa waiver. You are allowed to represent your foreign company, look for partners/customers, do marketing, visit conferences etc. But not be "productive"

If I write open-source code while on the tourist trip to the US does it count as 'working'? I understand you're not giving advice, just curious
Post reply on HN