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

I sincerely hope that he doesn't follow any advice in this thread except for getting a lawyer because if he willy nilly applies for stupid things he is not likely to succeed in getting (Just apply for a GC? Come on what dream world are some HN'ers living in?) it will severely complicate any future correct application.

Hey Tom, too long between nights out on Russian Hill :) I can't remember if we talked about it, but you should look at the E3 visa - no cost for the company, and relatively straightforward process at the US Consulate in Sydney. The main gotchas are that you need to show either education or equivalent experience in a specialised field related to the position you list for, get a Condition of Labour Application completed, and be paid the going market rate for the position. It's a special visa for Australians under the US-AUS free trade agreement, and the number of people who apply each year is way under the quote. I was told the Melbourne Consulate isn't so straightforward, so do through Sydney. In the interview they were ok with us basically taking an australian company and expanding it to the US so long as you are upfront about what you're doing. If you can find a US board member and have US shareholders then that seems to count in the interview.

I have a slightly different question: considering I have no interest in emigrating to the States, what if my hypothetical startup gets funded by YC or any other american early stage venture firm?

Would I be able to incorporate in US and pay taxes accordingly? Can I keep working from my home country? What are the real, tangible advantages of running your team in US, other then the favorable startup environment you can get in places such as the Valley/SF? Are investors much less inclined to funding foreign teams, does it makes it more troublesome?

Sorry for the loads of questions, but sometimes I fail at understanding why so many people think is a must to go to the states to get a startup off the ground.

And thanks to anyone who will take the time to answer.

Yup, agreed with Alain that there's so much legally correct, but also legally wrong statements on this thread. This immigration question depends on like a million factors. To name a few,

* which country you are a citizen of makes a HUGE difference - every country has a different relationship with the US. Some citizens walk in and out freely and do almost anything they want, while others can't even get their foot in the door

* what stage/maturity of your startup is in. If you're already proving that you have profits, can hire US citizens, have raised $, you're going to look a lot better than having nothing but an idea (again, just a broad generalization)

* Immigration fraud is a HUGE no-no. If you get caught, they might not ever let you in again. Ever. Depending on severity

* A million other tactics. I'm not a lawyer. But I know this is a question that needs an answer that is more than just cookie-cutter advice (if you're serious about your intentions). Talk to a lawyer. Many lawyers.

Yes, it sucks and all this is very anti- to the idea that America is the land of opportunity :( Good luck and wish you guys all the best. Do share what worked and what didn't with your fellow immigrant entrepreneurs

I lived in the US for 7 years, did both degrees there and worked in between.

Thoroughly familiar with the immigration system.

The short answer is, without making a 'large' investment (i.e. $500K min) + showing that you can provide at least 10 jobs in 2 years - you have a steep climb to be able to stay in the US.

That being said, anyone can register a company - from any country. You can have the company in the US, register a bank account, get a tax ID, pay taxes, etc....but unless you are doing a certain amount of business and creating at least 10 jobs, you can't actually live here.

People will say you can register a company on a student visa (F1), that's BS. Don't do it. You might not get caught immediately, but it violates the intent of the student visa - which is a 'non-immigrant student visa'. i.e. you have no intention of staying in the US. You are just there to work.

The same applies to H1-B, and other work visas. All of those visas are non-immigrant visas, which means you don't intend to migrate to the US permanently.

Some people have successfully started a company on F1, but if you ever get audited by the US Immigration service, there is a very high probability that you will get deported.

All of that being said, don't worry about it. You can travel to the US on a visitors visa, or a business visa, for a few months (for e.g. to participate in YC), and then go home - while still having your company operating in the US. Once you are big enough, if you sell to a large company, like Facebook or Google or something, they can do an internal transfer (I believe it is a J-visa).

Also, there are paths to a green card (family, marriage, or investment) that given your situation the best would probably be investment once your company grows enough for you to open an office in the US.

All of that being said, make sure to see an immigration attorney and get good advice. But more importantly, read the various requirements for yourself - from the links others have posted here.

Some attorneys might tell you they can get you a green card through an F1 or H1-B....make sure you know your stuff, and be suspicious.

I have many friends that have told me that they have spoken to attorneys that assure them they can start a company on an F1 visa. I have spent hundreds of dollars and visited at least 4 different attorneys (including a past immigration judge) and they all tell me the same thing. By doing that, you violate the intent of the law.