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ASK YC: How does a non-American entrepreneur get into the US?

news.ycombinator.com

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Re: ASK YC: How does a non-American entrepreneur get into the US?

#11

Post by omakase »

DaniFong wrote: post #10
omakase wrote: post #9

Earlier quoted context omitted.

Hmm interesting, did you ever look at moving on a J1? Or for that matter does anyone else reading have experience with J1 visas?

I think you need to get some sort of legitimized sponsorship. I bet this is fairly complicated.

A friend of mine did this to work as a waitress for four months in SC. http://www.swap.ca/out_eng/destinations/usa_internship.aspx Apparently she found work after she had received the visa and didn't have to report it. I don't want to do anything shady though. I guess you can't sponsor yourself (or your co-founder) for a J1 either?!

Re: ASK YC: How does a non-American entrepreneur get into the US?

#13

Post by raju »

I am on an immigrant, and to answer your question, I don't think there is an easy way to accomplish this. Your best, and most legit option is to wait out for the green card.

There might be a way to spin off a company with a citizen, but even then, to work with them on a H1-B visa, the company needs to show some revenue so that as to convince the INS that it may potential need additional employees, especially immigrants.

Please take what I say with a grain of salt. I looked some into this, and from what I understood, this is the only safe route. Good luck, and I will be interested in knowing if you find something that disagrees with me...:D

Re: ASK YC: How does a non-American entrepreneur get into the US?

#14

Post by white »

raju wrote: post #13

I am on an immigrant, and to answer your question, I don't think there is an easy way to accomplish this. Your best, and most legit option is to wait out for the green card. There might be a way to spin off a company with a citizen, but even then, to work with them on a H1-B visa, the company needs to show some revenue so that as to convince the INS that it may potential need additional employees, especially immigran…

You can't be employed by the company you own. And you can't share the ownership to avoid this restriction. As far as I know, they don't care are you 1% or 100% owner. So, this means neither H1B or EBGC are possible. And yes, among with solid revenue stream, ability to prove that you're not "one man shop", and that you're not trying to make your business of solving other's immigration problems, the company also needs to be able to pay competitive salary within the market range. So, if you're getting H1B for Software Developer, I'm pretty concerned that you'll ever get approved if your company is stating your salary is less then 65K annually (in CA). And, as far as I know, the companies and visa applicants are getting audited very often to assure that they keep the salaries not lower then stated.

Re: ASK YC: How does a non-American entrepreneur get into the US?

#17

Post by iamelgringo »

petesmithy wrote: post #16

Check this chain out.. Drop me an email (pete at songkick dot com) if you want any info, looked into this pretty extensively.. http://news.ycombinator.com/item?id=67268

Wow, great thread on this topic, petesmithy.

My experience is with Nurses moving here to the States from the Phillipines or Canada. And, they all say that it's a royal pain. The Immigration service, or to those in the know, "La 'migra" has been very crabby since 9/11. It pays to know what you're doing and know what your options are.

A friend of a friend is on a temporary visa from Hungary (don't know exactly what type). He went to San Diego for a weekend, crossed the border into Mexico for the afternoon, and on the way back in, got a very crabby talking to by the Customs official, and then had to spend several days talking to immigration officials, and explaining why he had violated the terms of his visa, and why they shouldn't deport him.

All that to say, is don't taunt "La 'migra". Don't do something foolish like try to get a faux marriage. Don't get into trouble with the law while you're over here, trying to get your visa.

Perhaps a better question might be: Does anyone know a really good immigration lawyer that I could talk to for an hour or two to see what my options are?

Re: ASK YC: How does a non-American entrepreneur get into the US?

#18

Post by iamelgringo »

amohr wrote: post #2

Get a travel visa and a sham marriage. As the spouse of a US citizen, you are entitled to a nonimmigrant visa while you wait to be processed to become a permanent resident. Then, you can apply for citizenship. Actually, your best bet would probably be to send out a boat load of emails to half the valley explaining your situation and see if any will hire you. You can come in for interviews on a regular travel visa. Th…

Yeah... I wouldn't tempt fate by doing the sham marriage, thing. Doesn't really go over well when it's found out.

Re: ASK YC: How does a non-American entrepreneur get into the US?

#19

Post by ojbyrne »

white wrote: post #14
raju wrote: post #13

I am on an immigrant, and to answer your question, I don't think there is an easy way to accomplish this. Your best, and most legit option is to wait out for the green card. There might be a way to spin off a company with a citizen, but even then, to work with them on a H1-B visa, the company needs to show some revenue so that as to convince the INS that it may potential need additional employees, especially immigran…

You can't be employed by the company you own. And you can't share the ownership to avoid this restriction. As far as I know, they don't care are you 1% or 100% owner. So, this means neither H1B or EBGC are possible. And yes, among with solid revenue stream, ability to prove that you're not "one man shop", and that you're not trying to make your business of solving other's immigration problems, the company also needs…

My experience is the thing about ownership isn't true, and I can think of plenty of people who are counter-examples. Me (own shares in digg.com), Daniel Burka (digg, pownce), Tara Hunt (Citizen Agency). All three in the US on TN visas.

Re: ASK YC: How does a non-American entrepreneur get into the US?

#20

Post by raju »

petesmithy wrote: post #16

Check this chain out.. Drop me an email (pete at songkick dot com) if you want any info, looked into this pretty extensively.. http://news.ycombinator.com/item?id=67268

Hey petesmithy! Do you mind if I took you up on that offer too? I have a few questions of my own...
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