There's no such visa unfortunately. If you qualify for an EB-1A you could self petition without a job offer and receive a green card that would entitle you to work wherever you'd like. But that requires you to be among the best in your field. It's a pretty high bar.
Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
11–20 of 56 posts
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#12You can work as an independant contractor or start a company on an OPT, STEM extension and even on a Pre-Completion OPT.
I recommend that you read this policy guidance published by the ICE in 2010.
http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_0420...
It clearly states that:
On page 18.
Work for hire. This is also commonly referred to as 1099 employment, where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, the student must be prepared to provide evidence showing the duration of the contract period and the name and address of the contracting company.
Self-employed business owner. A student on OPT may start a business and be self-employed. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.
On page 19
For a student who is on a 17-month extension, this employment may include
Multiple employers. A student may work for more than one employer, but all employment must be related to his or her degree program and all employers must be enrolled in E-Verify.
Work for hire. This is also commonly referred to as 1099 employment, where an individual performs a service based on a contractual relationship rather than an employment relationship. The company for whom the student is providing services must be registered with E-Verify. If requested by DHS, the student must be prepared to provide evidence showing the duration of the contract period and the name and address of the contracting company.
Self-employed business owner. A student on a 17-month extension can start a business and be self-employed. In this situation, the student must register his or her business with E-Verify and work full time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to his or her degree program.
Contact me if you are interested in learning more about this topic.
Akshay Bhat (Cornell University)
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#13IANAL but based on experience, in general you can legally "own" a company/startup while on F1/H1B but you cannot "run" it. However, USCIS has come up with an explanation of "Employer-Employee relationship [0]" which is worth looking into if on H1B. The Requirement 1 is interesting: + How do I demonstrate an employer-employee relationship if I own my own company? If you own your company you may be able to demonstrate…
The H1B petition process requires the employer to show that it can pay the prevailing wage. That's going to be near impossible for a pre-funding startup.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#14Here is a link to USCIS own guidance for the above question.
http://www.uscis.gov/eir/visa-guide/entrepreneur-visa-guide
IMHO, its not impossible and you have options, but it will not be hassle free. You'll have to jump a lot of hurdles before you get through.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#15Stay in OPT as long as you can. You get more flexibility that way. Try getting the 17 month (I think) extension.
If you are on an H1B, you need to get a US person co-founder and have them 'sponsor' you. Be wary about the start up failing because as soon as the sponsor breaks their contract, you will be out of status [1]. This means you may have to leave the country immediately.
The E5 visa [2] is the best alternative. If you can secure funding of around $500,000, you get the right to live and work in the US almost as a US person. You can work for yourself, travel in and out of the country as you wish, etc.
[1] http://www.klaskolaw.com/articles.php?action=view&id=8
> Terminated H-1B employees should be aware that time is not on their side. If the employee has plans to have another H-1B petition filed on his or her behalf, or to change to another nonimmigrant status, those plans should be implemented as quickly as possible.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#16I believe the guys who started interviewstreet were on an H1B visa. Maybe talk to them?
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#17IANAL, I believe you cannot work on your startup or any other company with an F1 (you can only work part-time on campus edit: I forgot about the OPT, worth looking into) or H1B (you can only work for the company that sponsored you). You may want to look at the L1 visa.
Please your information is incorrect, with proper authorization (OPT or STEM extension) a student on an F1 visa can start a company.
Please look at my other post for reference to the guidance published by ICE.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#18There's no such visa unfortunately. If you qualify for an EB-1A you could self petition without a job offer and receive a green card that would entitle you to work wherever you'd like. But that requires you to be among the best in your field. It's a pretty high bar.
> But that requires you to be among the best in your field. It's a pretty high bar.
Surprisingly, the bar is not that high. They have weird rules like people who are "good" in your field need to recommend you, you need to have something published somewhere. The nitty gritties mean that say a random fashion model who has appeared on some magazine somewhere can suddenly become an alien with extraordinary ability.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#19Stay in OPT as long as you can. You get more flexibility that way. Try getting the 17 month (I think) extension. If you are on an H1B, you need to get a US person co-founder and have them 'sponsor' you. Be wary about the start up failing because as soon as the sponsor breaks their contract, you will be out of status [1]. This means you may have to leave the country immediately. The E5 visa [2] is the best alternative…
> Stay in OPT as long as you can. You get more flexibility that way. Try getting the 17 month (I think) extension.
You need to start working at a company with no more than total 90 days of unemployment between jobs. Also, the 17 month extension works only if the company is enrolled in everify.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#20Stay in OPT as long as you can. You get more flexibility that way. Try getting the 17 month (I think) extension. If you are on an H1B, you need to get a US person co-founder and have them 'sponsor' you. Be wary about the start up failing because as soon as the sponsor breaks their contract, you will be out of status [1]. This means you may have to leave the country immediately. The E5 visa [2] is the best alternative…
Re: EB-5
The $500k number is for a (very long running) pilot program designed to drive investment in economically depressed areas. The normal amount is $1M. It can't just be invested in any company either, you have to show that the investment will create jobs (at least 10 IIRC) for US nationals. The process of getting a company approved is quite involved.