I am curious about the approach YC takes for foreign founders who are accepted into YC. How do they come to the US for the initial incubation period? What happens after demo day?
+1 Additionally: i understand EU citizens can be in the US visa free for 3 months. What that exactly means? 3 months per year or 3 months per one visit? If the latter then how often? Lets assume one gets accepted and decides to utilize that visa free offer - what should be said at the border if one is asked.
1. One can't work on the visa under visa-waiver program.
2. One should not work under the VW, if you get caught, you'll forever forfeit the benefits of VW.
3. 90 days is you maximum permissible stay length per visit to US (leaving US to visit nearby places doesn't count). Note that your ACTUAL permitted stay length is what the CBP notes in your passport at port of entry. You must leave by that date.
Work is defined as getting a salary though. If you're accepted into YC, they are not 1099'ing you or putting you on a payroll. It's like a stipend (effectively), and legally just an investment in your firm.
A 1099 isn't needed for immigrations to be convinced that you are working. If you are receiving any kind of remuneration while doing some kind of work, that counts as working (in violation of the visa waiver program).
My understanding of USCIS's definition of "work" is "doing something for which one would generally expect to be remunerated". You can't do a job and take no salary. You can't work on your own pre-revenue startup.
