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How did non US citizen founders funded by YC get allowed to work in the US?

news.ycombinator.com

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Re: How did non US citizen founders funded by YC get allowed to work in the US?

#71

Post by richardhenry »

amirmc wrote: post #11

I suspect that while the non-US teams are at YC, some of them are technically 'tourists' (i.e just on holiday). They don't need a visa to enter the country so it's a case of hear-no-evil, see-no-evil. If they decide to stay in the US after YC, then they have to deal with the nightmare of immigration and get themselves proper work permits. For those who need a tourist visa to even enter the US, I have no idea.

It's perfectly legal to enter the U.S. for business reasons, including meetings, conferences or even to raise funding. You're not allowed to become employed by a U.S. corporation, but you can certainly consult for them and do on-site work. I'm a Brit, and I've done all of the above several times under the VWP without border control even batting an eyelid.

Re: How did non US citizen founders funded by YC get allowed to work in the US?

#72

Post by mynegation »

jbarham wrote: post #57
yardie wrote: post #17

Okay, first things first. Apply for a greencard. I know it's a long process, it's expensive, and it's very invasive but do this first. People assume they don't qualify and don't even bother asking. But the US still has the highest immigration of all countries, only the UK is a distant 2nd. So obviously, people are getting in everyday. Now, contact the US embassy in your country. Get all your paperwork together, set a…

This is lousy advice. It's not as if just anyone can "apply for a green card". You need to have a sponsor who is either a relative and US citizen, or you are already employed by a US company on a work visa and they are willing to sponsor your green card application. (I am in the second category.) Even if you have an employer willing to sponsor your green card application, the preliminary paperwork can take over a yea…

For Canadians, there's also TN-1 visa, which is a simplified way to get a work permit for a year. It has limitations compared to H1-B in terms of occupations, but it is much simpler to get. You need to have a letter from the company stating that they intend to employ you.

Now, how that relates to startups and whether your own corporation can sponsor you - I honestly do not know.

Re: How did non US citizen founders funded by YC get allowed to work in the US?

#73

Post by tomhoward »

bombs wrote: post #21

Adioso (YC W09), originally Australian, "re-incorporated" in the US. http://news.ycombinator.com/item?id=1605659

This doesn't allow us to work in the US. We still don't have working visas, and we spend most of our time back in Australia, coming and going from the US on Visa Waiver for meetings etc.

Re: How did non US citizen founders funded by YC get allowed to work in the US?

#74

Post by jbarham »

mynegation wrote: post #72
jbarham wrote: post #57

Earlier quoted context omitted.

This is lousy advice. It's not as if just anyone can "apply for a green card". You need to have a sponsor who is either a relative and US citizen, or you are already employed by a US company on a work visa and they are willing to sponsor your green card application. (I am in the second category.) Even if you have an employer willing to sponsor your green card application, the preliminary paperwork can take over a yea…

For Canadians, there's also TN-1 visa, which is a simplified way to get a work permit for a year. It has limitations compared to H1-B in terms of occupations, but it is much simpler to get. You need to have a letter from the company stating that they intend to employ you. Now, how that relates to startups and whether your own corporation can sponsor you - I honestly do not know.

Sure, TN is easy to get (I've had it) but there are two major restrictions:

1. You cannot apply for a green card on TN visa 2. It has to be renewed annually, and you have to demonstrate continued strong ties to Canada (bank accounts, family, etc.), so US immigration would no doubt get suspicious if you kept renewing

Re: How did non US citizen founders funded by YC get allowed to work in the US?

#75

Post by ojbyrne »

sandGorgon wrote: post #54
ojbyrne wrote: post #26

Earlier quoted context omitted.

I guess when you're talking "highest immigration" you're talking in absolute terms. Both Canada and Australia have significantly higher _rates_ of immigration. I'm starting the green card process, and fwiw, the lawyer tells me it takes a minimum of 16 months, with 2 years being typical.

For a lot of countries, the green card backlog is > 7 years. YMMV

Yes, I'm in the US on a work visa, and I'm talking about the EB-2 category, which has less of a backlog, apparently. The EB-3 is less preferred, and is in that 7+ years range.

Re: How did non US citizen founders funded by YC get allowed to work in the US?

#76

Post by TotlolRon »

alain94040 wrote: post #64

I have been on 6 different visas, over 15 years, I have quite a bit of experience in the matter. 1. 90% of the answers in this thread are bad advice. Some of it really bad. A lot of it just misleading, bogus or exaggerated (on HN, it's bad form to criticize others, but when it comes to life-altering advice such as here, I can't let it stand). 2. It's too complicated to explain in a paragraph. It depends on too many f…

> I have been on 6 different visas, over 15 years, I have quite a bit of experience in the matter. > It's too complicated to explain in a paragraph. It depends on too many factors.

A similar number of visa types over similar number of years and I would go a step further and say that there is no formal solution to your problem. The US immigration system can't handle YC type rhythm and structures.

You'll have to assume you have two operations to run - your startup and your status. You'll have to get knowledgeable and creative in both. Also, as you will work under the assumption that your start-up may fail, you should also work under the assumption that your status will fail and you will have to go back to your home country. Succeeding in both operations is possible, but very hard. Me think the immigration operation is harder....

Good luck.

Re: How did non US citizen founders funded by YC get allowed to work in the US?

#78

Post by bluishgreen »

MediaSquirrel wrote: post #63
bluishgreen wrote: post #56

I am an Indian on H1B Visa, possibly the worst country to be from relative to the US Immigration System. An immigration lawyer told me that I can register a company but I cannot work for it. But later when I find U.S investors who will own equity in my company I can ask them to sponsor the transfer of my H1B Visa to my own company. This doesn't make me thrilled, but hey - it is something. Sitting on my hands is killi…

talk to a different lawyer. Try these dudes: Leon Hazany 310-500-5052 leon@hazanylaw.com Robert Goodman 914-935-0015 rig@rigoodmanlaw.com http://www.rigoodmanlaw.com/ Leon is based in LA and was very helpful when i spoke w him about my co-founder. Robert is based in NYC and was particularly knowledgeable about tech and immigration. also, fyi, ALWAYS TALK TO MULTIPLE LAWYERS, especially when one does not give you a sa…

Thank you MediaSquirrel. I sure will talk to other lawyers. But based on your talks you find the above scenario not feasible?

Re: How did non US citizen founders funded by YC get allowed to work in the US?

#79

Post by DirtyAndy »

ovi256 wrote: post #22
DirtyAndy wrote: post #20

Earlier quoted context omitted.

Actually depending on where you are from you can also apply for the Greencard Lottery. Free way to get a Greencard. http://www.dvlottery.state.gov/

Applying to the Greencard lottery puts you on some kind of blacklist for US visas. Happened to a friend from Romania years ago. No idea if this is official policy or not, but he always got his visas refused afterwards, even after careful preparation. Hope things have changes.

I know loads of people who have applied for the Greencard Lottery (a couple won Greencards) and none of them have ever had a problem getting into the US. I'd suggest the immigration service had other issues with your friend.

On the Visa Waiver there is (used?) to be a box to tick if you had been denied a visa. I would imagine being denied a visa and not winning a Greencard are two quite different things.

Re: How did non US citizen founders funded by YC get allowed to work in the US?

#80

Post by dotBen »

suthakamal wrote: post #41

If you enter the US on a B2 business visitor visa, after being in the country for 60 days you can petition in writing for an Adjustment of Status to change your visa to another type. You can remain in the US under the terms of the B2 until you get a reply to your petition, even if it is after the 90 day expiration of the B2. Note that the above is true for canadians. Ymmv for other nationalities.

I don't think this is correct. NEVER stay in the US longer than the duration of your visa on your i94 under ANY circumstances. Even if it's day 89 and the airport is closed for bad weather you must drive to the border (or whatever) to leave otherwise next time you come back into the country it will be picked up and you can get deported + bared from entering US.

PLEASE get legal advice if this is your situation.

(source: I'm a foreign national working in US on a visa, having spent a lot of time + money with my visa lawyer on this issue. I also have a startup investor friend who went over his visa duration and is barred from entering the US again.)

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