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What the startup visa should really look like

eliasbizannes.com

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Re: What the startup visa should really look like

#41

Post by refurb »

eshvk wrote: post #27
refurb wrote: post #24

Earlier quoted context omitted.

But that's one of the big problems. USCIS has almost no ability to "send people home" when their visa expires. The fact is, if you enter the US (legally or not, it's pretty much impossible to make you leave). That's why you see tourist visas denied for people who are coming from developed countries and are visiting relatives. The immigration official knows that one he lets you in, he has to count on the person's good…

Can you explain a bit more on why it is hard to deport people? The way I understood it the way illegal immigrants live in the country is because they either use fake SSNs or no SSNs, no paper trails of any kind. I would imagine that it would be very hard to live like that unless you are truly desperate.

You are right, it's not an easy life, but keep in mind there are an estimate 12 million illegal immigrants in the US at this point. I would assume most of them are working cash-only jobs or have fake documents that nobody checks.

Could you live in the US illegally and be working at a Fortune 500 company? Probably not. Could you come to the US and work at a mom and pop grocery store? Probably.

And the USCIS has a minuscule enforcement arm. They prioritize criminals for deportation. If you're a law abiding immigrant (excluding the immigration violation), you are very low priority for deportation.

Re: What the startup visa should really look like

#42

Post by eshvk »

refurb wrote: post #41
eshvk wrote: post #27

Earlier quoted context omitted.

Can you explain a bit more on why it is hard to deport people? The way I understood it the way illegal immigrants live in the country is because they either use fake SSNs or no SSNs, no paper trails of any kind. I would imagine that it would be very hard to live like that unless you are truly desperate.

You are right, it's not an easy life, but keep in mind there are an estimate 12 million illegal immigrants in the US at this point. I would assume most of them are working cash-only jobs or have fake documents that nobody checks. Could you live in the US illegally and be working at a Fortune 500 company? Probably not. Could you come to the US and work at a mom and pop grocery store? Probably. And the USCIS has a minu…

> Could you live in the US illegally and be working at a Fortune 500 company? Probably not. Could you come to the US and work at a mom and pop grocery store? Probably.

I would think that this in itself coupled with the high time investment costs of applying for such a startup visa (business plan, prototype etc) would self-select a section of the population who will either succeed or self deport (instead of screwing up their career and future potential by living illegally).

Re: What the startup visa should really look like

#43

Post by HistoryInAction »

potatolicious wrote: post #37
HistoryInAction wrote: post #34

Earlier quoted context omitted.

I believe that while this is technically correct, the labor certification that is needed to go through the H1-B process does require a "no qualified US citizen" proof. However, I'm told that's also fairly trivial to surmount, which is the cause of a lot of angst in the anti-immigration (anti-H1B subgroup) community.

The H1B is just a work visa - it does not require a labor certification at all. Turning a H1B into a green card is the process that involves the labor cert.

Admitting my own lack of personal experience, I apparently mixed up labor certification with the labor condition application (LCA). Wikipedia: http://en.wikipedia.org/wiki/H-1B_visa#Labor_Condition_Appli...

The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of US workers. For every H-1B petition filed with the USCIS, there must be included a Labor Condition Application (LCA) (not to be confused with the labor certification), certified by the U.S. Department of Labor. The LCA is designed to ensure that the wage offered to the non-immigrant worker meets or exceeds the "prevailing wage" in the area of employment. ("Immigration law has a number of highly technical terms that may not mean the same thing to the average reader." [32] last updated 2011 March 31, visited 2012 November 5) The LCA also contains an attestation section designed to prevent the program from being used to import foreign workers to break a strike or replace US citizen workers.

While an employer is not required to advertise the position before hiring an H-1B non-immigrant pursuant to the H-1B visa approval, the employer must notify the employee representative about the Labor Condition Application (LCA)—or if there is no such representation, the employer must publish the LCA at the workplace and the employer's office.[33][34] Under the regulations, LCAs are a matter of public record. Corporations hiring H-1B workers are required to make these records available to any member of the public who requests to look at them. Copies of the relevant records are also available from various web sites, including the Department of Labor.

Re: What the startup visa should really look like

#44

Post by HistoryInAction »

SwaroopH wrote: post #39
HistoryInAction wrote: post #35

Earlier quoted context omitted.

Right, EIR program has been dark since their cancellation of the July webcast of the GA Tech event that was supposed to be the wrap up of their first 90 days. Anyone hear anything from them since then?

I got the details from Paul Ford, he is one of my mentors and is on the panel. Also, Doug Rand confirmed this at the GAN conference.

Paul's good people, likewise Doug. I heard Lisa Atkins on a panel say that L and O reinterpretations to be more startup-friendly were coming, but I haven't seen anything concrete or public—and that was at the July conference at the Institute for Peace in DC. When was the GAN conference?

Can you point me to anything?

Re: What the startup visa should really look like

#45

Post by SwaroopH »

HistoryInAction wrote: post #44
SwaroopH wrote: post #39

Earlier quoted context omitted.

I got the details from Paul Ford, he is one of my mentors and is on the panel. Also, Doug Rand confirmed this at the GAN conference.

Paul's good people, likewise Doug. I heard Lisa Atkins on a panel say that L and O reinterpretations to be more startup-friendly were coming, but I haven't seen anything concrete or public—and that was at the July conference at the Institute for Peace in DC. When was the GAN conference? Can you point me to anything?

Nothing concrete, all this was verbal. The whole idea is about allowing L for small companies like startups. And O for startup founders who have gone through accelerator programs since that's an "extra-ordinary" ability. I am crossing my fingers for O since that's where I fit in.

Re: What the startup visa should really look like

#46

Post by psycho »

Another idea could be giving visas for people who are accepted by accredited accelerators. If PG, for example, believes in someone's ability to make a business why should government officials worry? (that's similar to the original Startup Visa idea but with another investor qualification mechanism and without 100 000 dollars barrier)

Re: What the startup visa should really look like

#47

Post by elias »

psycho wrote: post #46

Another idea could be giving visas for people who are accepted by accredited accelerators. If PG, for example, believes in someone's ability to make a business why should government officials worry? (that's similar to the original Startup Visa idea but with another investor qualification mechanism and without 100 000 dollars barrier)

That's what the startup visa in it current advocacy states: if an entrepreneur has raised 250k then so be it.

So yes, valid idea. But again, not what I' saying: if I want to start a business, it should not be a requirement that I have to raise money or go into an incubator. Those are factors that should accelerate an application, not determine it.

Re: What the startup visa should really look like

#48

Post by psycho »

elias wrote: post #47
psycho wrote: post #46

Another idea could be giving visas for people who are accepted by accredited accelerators. If PG, for example, believes in someone's ability to make a business why should government officials worry? (that's similar to the original Startup Visa idea but with another investor qualification mechanism and without 100 000 dollars barrier)

That's what the startup visa in it current advocacy states: if an entrepreneur has raised 250k then so be it. So yes, valid idea. But again, not what I' saying: if I want to start a business, it should not be a requirement that I have to raise money or go into an incubator. Those are factors that should accelerate an application, not determine it.

Being foreign tech enterpreneur myself, I think your idea is the most legit. But that is why it seems harder for it to be brought into life, unfortunately.
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