The only visa intended for starting a business is the E5 visa. You need at least $1 million in capital to qualify.
Misinformation. The E-1 and E-2 exist specifically for starting businesses in the US. H1B and even L-1 can also be used in some cases.
Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
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Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#42* 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 ?
You can use the OPT for this accelerator most likely, given it's related to your studies. What is your nationality?
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#43Earlier quoted context omitted.
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 ?
Once the stem is over, you need to switch to the H1B. Also if you were born in Canada, Singapore, Chile, Australia, things are easier.
Im from India. I will have to go on an H1B, even if I apply for a green card (EB2), it will take me 5 years with the current queue.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#44How I hacked my US startup visa: http://qz.com/151333/how-i-hacked-my-us-startup-visa/
This is an interesting tale. When I read these, and all the we should have an "entrepreneur visa" stories, I can't help but feel sorry for all the others who aren't as well educated and will never be able to hack our system.
This is true for everything in life. E.g. I became a permanent resident after winning the green card lottery. The process of getting together nearly five pounds worth of documents, spending thousands of dollars talking to lawyers in three different countries, reading enough legal jibberish to understand that the way the law works in the U.S. is always subject to interpretation and knowing what that interpretation actually is makes me very certain that if I had got the lottery at any other previous point in my life, I would never have made it. In fact, thousands of the "poor, unwashed masses" who this lottery is supposed to help make it easier for, never get in for stupid silly reasons.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#45I do not think that the comments here are very good advice. I know a very good immigration attorney if you need one. Here are my two cents:
* H1B hit its cap last year, probably hit its cap next year. It's a lottery if you'll get one – I know a lot of people that did not get them – It's also very hard to get a H1B if a) you own majority of the company, or b) if you have raised less than $500k.
* I have never met anyone on the E5 visa. It's supposedly a complete nightmare, and takes forever to process.
* The E-2 visa is good but it requires you investing significant capital – six figures – in your business. If you can do this, get this visa since it is the best one.
* I know people that did not get the H1B and ended up working in USA on a J-1 visa: it's a crappy visa but might work, usually requires you to have more structure in the USA though.
My advice is to get a good lawyer and get an O-1 visa. Everyone balks at this visa but if you match these requirements you are a long way towards it:
* Have press about your startup (techcrunch etc)
* Have been accepted in an accelerator
* Have a degree
* Can get 5 or 10 reference letters from customers / advisors / investors saying how great you are.
One caveat is that again, you need six figures in the bank. Of all the visas though the O-1 is by far the nearest to an Entrepreneurs visa. I know dozens of people with them.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#46You 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…
Best shot if you are in an insane hurry: Marry a US citizen and really mean it.
> I'm already married, so this is out of the equation.
Do NOT think about get-rich-quick-start-up ideas.
> Well, I have been working on this for a while, so it wouldnt be a quick-startup-idea, and lately I have been getting some good traction for this, so its a pity it isnt a straightfwd thing to pursue.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#47I do not think that the comments here are very good advice. I know a very good immigration attorney if you need one. Here are my two cents: * H1B hit its cap last year, probably hit its cap next year. It's a lottery if you'll get one – I know a lot of people that did not get them – It's also very hard to get a H1B if a) you own majority of the company, or b) if you have raised less than $500k. * I have never met anyo…
What are the odds of getting an O-1 ? Almost all of the entrepreneurs who get funded and get press would fit in the above criteria. Il drop you a dm.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#48Earlier quoted context omitted.
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,…
It's impossible to make a complete evaluation based on what you've provided here, but I'd lean towards no. One problem is that I don't know exactly how you'd define the field. That turns out to be a critical step in putting together a persuasive narrative. The other thing, at least on the cases I worked on, we never had a case that was just sort of scrapping by. We got a 2-3" binder and filled it with evidence. We tr…
That makes sense. I guess it isn't one field per say - the media was for computer security, but the rest is all about helping entrepreneurs.
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#49This is what most hackers want: - residence in the USA; - working for a small salary to cover expenses, - but with strong guarantees of equity (ownership or something like it) US immigration law is designed to stop all of this. Because for most other cases, that would mask shenanigans like a foreign worker undercutting a US competitor, or even a foreign worker being exploited. Bottom line, you may be able to hack thi…
I'm a Canadian in the US. I'm exploring moving back to Canada . Specifically, I'm looking at the Toronto area. I'm not impressed by all the process around incubators and raising small amounts of funds. It is a bit discouraging.
1) The govt seems to be putting money into encouraging startups, which is great. The way they are doing it seems to be broken. The programs all require gatekeepers with silly processes (e.g. applying months before, talking about IP protection from the get go[this makes me think lawyers run the show]).
2) The govt programs mostly have lots of strings attached to how you can use the money.
3) Some accelerators charge people for "program delivery". WTF!
4) I make over 6 figures in the US. Toronto jobs seem to be paying around half my salary (60-70K). So if I screw up, I don't want my fallback option to be move back to the states.
Here's an idea: any student who finishes a PhD or Masters from a Canadian school .. invest 30-50K in their company. Ask them for matching funds. Stipulate you can only use the funds for hiring employees.
Anyways ... sorry for the random rant. I'm just really frustrated. I guess this is good training for when I'm in the trough of sorrow :-p
Re: Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?
#50* 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, can I shoot you a few quick questions over email about the process of applying for OPT extension while employed at your own company? Would really appreciate some advice on this.