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Updated US immigration rules: H1-B can work for own company

washingtonpost.com

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Re: Updated US immigration rules: H1-B can work for own company

#31

Post by aherlambang »

tejaswiy wrote: post #3

Wait, are they saying I can create a company on my own, no holds attached and go work for it? (minimum investment etc.) A few questions - does it let me build apps and publish them to the Appstore to make money? (Since that doesn't count as working fulltime for the company I assume). How do they prevent Masters students who are on an OPT from creating their own companies and sponsoring a H1B for themselves? No regula…

I want to quote on this statement as I am on the same situation:

"How do they prevent Masters students who are on an OPT from creating their own companies and sponsoring a H1B for themselves?"

With this new regulation is it possible if I start my own company with other US Citizen if I am on OPT?

Re: Updated US immigration rules: H1-B can work for own company

#34

Post by praxxis »

goatforce5 wrote: post #21

Note for Australians: These tweaks to the rules almost certainly apply to E3 visas, which would allow you to go to the States with your opposite-sex married partner, and they'd then be allowed to work in any job without further approval from the federal government. (Through an odd quirk of a US immigration directive, it also allows you to take your non-US same sex partner to the States, but they aren't allowed to wor…

I was under the impression that the E3 had an attached dependent visa already: http://canberra.usembassy.gov/e3visa/dependents.html

Re: Updated US immigration rules: H1-B can work for own company

#35

Post by pbiggar »

endac wrote: post #8

So if I, an Irish citizen, founded a company with Americans employed or on the board I can apply to stay beyond my holiday visa? Will be pitching like mad at YC NYC if this is the case!:)

Not exactly, but broadly yes. You have to go back to Ireland to trigger your H1B. (Also, and I think you aren't suggesting this, but never ever ever overstay your holiday visa, or you'll be banned from getting a US visa for 3-10 years).

Re: Updated US immigration rules: H1-B can work for own company

#37

Post by goatforce5 »

praxxis wrote: post #34
goatforce5 wrote: post #21

Note for Australians: These tweaks to the rules almost certainly apply to E3 visas, which would allow you to go to the States with your opposite-sex married partner, and they'd then be allowed to work in any job without further approval from the federal government. (Through an odd quirk of a US immigration directive, it also allows you to take your non-US same sex partner to the States, but they aren't allowed to wor…

I was under the impression that the E3 had an attached dependent visa already: http://canberra.usembassy.gov/e3visa/dependents.html

Yes, they do. The point I was trying to make was that I imagine that the new directive on the H1B's allowing them to be used by startup-y people would probably apply to E3's too.

ie, Go to the US to work for your business, and take your partner along who'd be able to work wherever they'd please.

Re: Updated US immigration rules: H1-B can work for own company

#38

Post by potatolicious »

gaius wrote: post #25
keeptrying wrote: post #19

Earlier quoted context omitted.

The number of people applying for the H1B for the last two years is LESS than the number of H1-B vacancies available. People just dont want to come to the US anymore at least not skilled workers from India and China like they used to.

An alternate interpretation is that the H1B quota is simply artifically high. http://www.cs.ucdavis.edu/~matloff/h1b.html

Dr. Matloff has been had by the lie of the mean.

What I see from where I sit in the industry is that H-1B pay is not centered about a mean, it's really a very extreme bi-modal distribution. You have your Infosyses, bringing in ultra-cheap IT labor at a pittance, and you have your Googles and Facebooks, bringing in very highly paid engineers that are earning the prevailing wage (very, very high prevailing wage) for their field.

In other words, "H-1Bs" are not a singular group and cannot be analyzed as such. A large part of the H-1B program does address a very critical labor shortage in this industry, the other part... not as much.

I'd invite Dr. Matloff to actually hang around our industry for some time before laying a claim like: "There is no tech labor shortage." Has he been in the hiring chair recently? Because oh dear God.

It seems also interesting that the only source he actually bothers to cite is the confession of a single former H-1B employer, with the nasty implication that everyone is like Mr. Wadhwa.

I'll just say it: this is xenophobic, anti-immigrant, protectionist bullshit.

Re: Updated US immigration rules: H1-B can work for own company

#39

Post by jacoblyles »

lutorm wrote: post #4
tejaswiy wrote: post #3

Wait, are they saying I can create a company on my own, no holds attached and go work for it? (minimum investment etc.) A few questions - does it let me build apps and publish them to the Appstore to make money? (Since that doesn't count as working fulltime for the company I assume). How do they prevent Masters students who are on an OPT from creating their own companies and sponsoring a H1B for themselves? No regula…

No, they are not saying that: "... business owners on H1-B visas could work for their own companies, provided that they work full time for the company and are treated like an employee . For example, the company could have a board that is able to hire, fire, pay, supervise or otherwise control the worker like they would any other staff member." I don't know how many startups have a board that can fire the founders...

I know a few founders who employ themselves under H1-B while also taking all the board seats, but they did this before August. I wonder if this would still fly.
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