I'd suggest you don't take legal advice on a forum such as this. Contact a lawyer.
Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
21–30 of 56 posts
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#22How I hacked my US startup visa: http://qz.com/151333/how-i-hacked-my-us-startup-visa/
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#23I think you are ok if you are still on OPT status.
As you long as you can show that are applying skills you learned from school.
But try checking with your international office at school.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#24You can't.
These visa categories have been specifically engineered to prevent you from working outside of your original job. Trust me, you do NOT want to screw with Immigration.
I'd been on J1/H1B/pre-Green-Card-waiting-list for a total of 10 years, so I had a lot of time to think about this.
Best shot if you are in an insane hurry: Marry a US citizen and really mean it. So better stop hacking in the evenings and go out. Start an interesting hobby. Get a hair cut. Read good books. Make friends that are NOT hackers. Get a tan. Eat good food. Smile at members of your preferred opposite gender and get super-comfortable talking to them.
Do NOT think about get-rich-quick-start-up ideas, it will only drive you mad if you can't actually start them up. Nobody wants to hang out with a person torn by the realization that they are in an impossible situation.
Enjoy the ride. You are young, bright and you work in an amazing field while living in a (presumably) fascinating place.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#25Go look up Phillipe Kahn. Unless they fixed them, there are some holes that can be specifically exploited when creating your own company.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#26* You can do this on the OPT *. Without OPT F-1 employment rules are strict. But the OPT is basically a green card when it comes to what kind of work you can do (anywhere, you don't have to ask anyone's permission to change employers, you can freelance, you can start a business, you can work for multiple employers).
You need to work full-time on OPT. I don't know how they check but you need to be prepared to prove that you're working full time. (I know about this because if you're freelancing, my school told that I need to keep extensive paper trail to prove that I'm employed.) There's limitations about how long you can be unemployed in the OPT.
You need to register your company in E-verify for OPT extension. To register for e-verify you need tax ID numbers and a DUNS number as well. It's a pain but I was able to do it myself. (They make you study for a quiz, etc). You actually don't need to e-verify yourself. Just registering the company and getting an e-verify number was enough for us.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#27You 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 c…
What happens when my OPT stem extension gets over ? Mine ends in June 2014
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#28* You can do this on the OPT *. Without OPT F-1 employment rules are strict. But the OPT is basically a green card when it comes to what kind of work you can do (anywhere, you don't have to ask anyone's permission to change employers, you can freelance, you can start a business, you can work for multiple employers). You need to work full-time on OPT. I don't know how they check but you need to be prepared to prove th…
Hi,
So I'm on F1 OPT stem extension which is about to end in June 2014. How to tackle things after the stem gets over? H1B sponsored by my company ?
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#29There'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.
I've helped put together a few, all successful. You are right that it isn't as hard as it might seem at first blush. You can get through some mid to late career professionals who are fairly successful in their chosen field, even if it might be a stretch to call them extraordinary. But the OP sounds like someone just out of school.
The heart of the petition is the need to provide evidence for at least three of the following:
1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
2. Membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their fields.
3. Published material in professional/major trade publications or major media about the alien and relating to the alien's work field.
4. Participation as a judge (individually or as a part of a panel) evaluating the work of others.
5. Original scientific, scholarly, or artistic contributions of major significance.
6. Authorship of scholarly articles in professional journals or other major media.
7. Artistic exhibitions/shows.
8. Leading role within an organization/establishment with a distinguished reputation.
9. High salary/compensation for services in comparison to others.
10. Commercial success within the performing arts, as shown by either box office receipt figures or cassette, compact disk, video, or DVD sales figures.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#30Earlier quoted context omitted.
> 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.
I've helped put together a few, all successful. You are right that it isn't as hard as it might seem at first blush. You can get through some mid to late career professionals who are fairly successful in their chosen field, even if it might be a stretch to call them extraordinary. But the OP sounds like someone just out of school. The heart of the petition is the need to provide evidence for at least three of the fol…
I'm currently a sophomore and I might satisfy these - any idea if these would work?
3. I've been covered on CNN, Quartz Magazine, Business Insider, Valleywag
4. This one seems a bit iffy - I control entrance into a pre-accelerator program (would this count?)
8. Founded and currently running Startup Exchange at Georgia Tech. I'm not sure how they determine distinguished reputation, but I run a pre-accelerator program, and I'm about to launch a student-run venture fund. (this might also fly as #2)
Any idea if I'd qualify?
Also, getting extraordinary entrepreneurs to recommend me definitely wouldn't be an issue.