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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?

#111
post #30

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…

Calls for O-1aaS startup. Setup an organization that will: * Generate awards and prizes in computer science and its sub-fields. * It will have a journal that will be populated by a deep learning nn. Seeded by a few areas of interest a user will put in, it will then auto-generate articles. * Setup a contracting service where you invest in it initially, then it pays it back to you as salary for whatever minimum amount…

Sounds like a plan. Hack the system. I wish it was reality.

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

#112
post #11
post #5

I've had two cofounder friends (both non-American) who sponsored each others' H1B. Seems like a loophole but it seemed to work :)

Considering H1B visa only allows you to work for the company that sponsored your visa, what you're describing sounds illegal, not just a loophole. I'm not saying they shouldn't do so. And I'm also not saying anything about whether the H1B requirements make any sense. I'm just saying that hopefully they're aware that what they're doing is illegal and may hurt their companies at any moment.

They were co-founders of the same company.

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

#113
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...

I was on this visa. You must have been running the business in your home country for at least one year, and you must continue to keep the business running in your home country while you are in the U.S. (The U.S. office is supposed to be a branch). You also need sufficient funds (at least $100K, but $150K is safer). However once you get it, you can renew it for up to seven years, and, unlike the E-2, it has a path to…

How long did the L1 application take for you? I filed my petition 2 months ago and am still waiting to hear back from USCIS. Keeping my fingers crossed; 50-50 chance that it'll be approved I guess.

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

#114
post #59
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"

As someone who does contract work for companies in other countries, I highly recommend that you don't do that. This is specifically the kind of thing that will get you kicked out of a country. Once you are kicked out, not only are you very unlikely to every be able to get a visa for that country again (even a tourist visa), but you are unlikely to get a visa anywhere in the world. Countries share this kind of data freely.

Stick strictly to the rules (both in letter and spirit). Living abroad and working on contracts internationally is very, very nice. Being able to travel to the countries where you are doing business so that you can have meetings, meet people, actually negotiate, etc is often a prerequisite for getting the contract. Don't screw over your future self.

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

#115
post #95

Hope this doesn't sound like a shameless plug, but this topic is really why Unshackled exists and why we are on a mission to enable as many immigrant founded companies in the US as we can. As one of the founding partners of Unshackled (www.unshackled.co) I hope that we've been able to help immigrant founders build towards their dreams. It's still early, but in the past 7 months, we've supported 30 founders, across 13…

This may be a stupid question, but why are people so keen to work in their start up in the US? My background is IT, so perhaps that colours my perception, but I can't actually see comparative value for working in the US.

Of course you can create a US company. You can travel to the US to make connections and try to raise money, but for actually doing the work, the US seems like a pretty poor choice. Salaries are higher than pretty much anywhere else on earth. There is a shortage of good talent. Real Estate is expensive. Visas for foreign workers are practically impossible.

Obviously, some people live in countries where the infrastructure is not set up to really be successful. But there are lots of easier countries to start a business in (and get a visa) than the US.

Is there something I'm missing, or are people just buying into the "American dream" thing and assuming that they will be successful in the US?

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

#116
post #89

Earlier quoted context omitted.

I was on this visa. You must have been running the business in your home country for at least one year, and you must continue to keep the business running in your home country while you are in the U.S. (The U.S. office is supposed to be a branch). You also need sufficient funds (at least $100K, but $150K is safer). However once you get it, you can renew it for up to seven years, and, unlike the E-2, it has a path to…

The downside is you have to renew it every year. Costly if the lawyer does it and too much waste of time. With E2, you get it for 5 years and no more paperwork every year. Then you renew it for another 5 years.

Renewal is every two years.

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

#117

Earlier quoted context omitted.

I was on this visa. You must have been running the business in your home country for at least one year, and you must continue to keep the business running in your home country while you are in the U.S. (The U.S. office is supposed to be a branch). You also need sufficient funds (at least $100K, but $150K is safer). However once you get it, you can renew it for up to seven years, and, unlike the E-2, it has a path to…

How long did the L1 application take for you? I filed my petition 2 months ago and am still waiting to hear back from USCIS. Keeping my fingers crossed; 50-50 chance that it'll be approved I guess.

We did express processing. It took about seven weeks.

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

#118
B1/B2 visas are for business and pleasure - so I could see that working for you at the local interview.

I believe B1 is pleasure and B2 is business or vice-versa.

IANAL but I would recommend having a good source of funding and having an incorporated company and not having taken any kinds of exams such as TOEFL or SAT etc.

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

#119
post #108
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…

At least from what I've heard YCs position on this has been "not our problem". Frankly that has seemingly been their position on many concerns of founders e.g. housing. YC only leaves you 6 weeks or so from acceptance to start of the program which obviously isn't enough to get a work permit. http://benmetcalfe.com/blog/2012/02/what-visa-type-do-you-ne...

as it happens, that's my post on the subject from some time ago ;)

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

#120

Earlier quoted context omitted.

I obtained an E3 without a degree via the relevant experience path. Somewhere filed away I have a letter from an organization accredited by the US government proclaiming that I have degree-level experience. I value it almost as much as the certificate I obtained in/for Canada confirming I have conversational level English skills.

Can you share the name of the organization where you got the accreditation please?

I can't remember (and the doc is filed away in the basement somewhere)... It was all handled by the immigration lawyers of my employer.
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