

Ask HN: Any entrepreneurs on HN who launched themselves from a F1 or H1B VISA? - Legend

I have mostly been a lurker around here for a long time learning from the valuable experience of a number of people here. I have read numerous startup stories but after a short discussion with my friends during lunch, I thought of one thing: Why don't I read stories from student-turned or employee-turned (H1B sponsored) entrepreneurs?<p>I am curious to know whether an international student (generally on an F-1 VISA) or someone on a H1B VISA (employed by some company after graduation) can do a startup.<p>Any information on the following would be awesome:<p>Question 1: Can someone on a F-1 or a H1B VISA start a startup and still own it? If not, what can be done?<p>Myth 1: I heard that unless you are a citizen, you cannot own a company.<p>Question 2: Can someone on an F-1 or a H1B VISA raise seed capital from VCs?<p>Myth 2: I heard that VC's don't really bother with people on these VISAs.<p>Question 3: Can we apply for a patent on an idea that we came up with while still being a student or employed by a company.<p>Myth 3: I heard that the company or the university will take ownership of the patent if you apply for one while still working for them even though you did not use any of their resources.<p>If you are an international (student)/(employee on a H1B visa) and you recently had a startup experience could you kindly write down your story and some thoughts on the above questions? This would help not just me but a number of other people who are facing a similar situation.<p>I did my homework and came across the following link. While it is an awesome post, the author's experience is a little dated. Not really sure if anything has changed since then<p>http://www.k9ventures.com/2009/09/my-story-and-support-for-the-founders-visa/
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ig1
Myth 1: Non-citizens can own American companies (this is true in most
developed country)

Myth 2: There are a number of British startups which moved to the US after
raising American financing (YC has a number of these). Typically this involved
the US incorporated company applying for visas for the founders. So not having
a visa that lets you work for the startup doesn't necessarily preclude you
from raising financing with the assumption you'll be able to get an
appropriate visa after.

Myth 3: Depends on your contract with your employer/company. Check it for
details.

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Legend
1 and 2 are awesome. Thanks a million for this information. Regarding 3, I
will do some more digging and update my post.

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_delirium
On Myth 3, it depends on the contract, which in turn depends heavily on the
state. In some states, an employer can ask you to sign a contract agreeing
that anything you invent while employed with them is their property, and in
such states, it's very common for employment contracts to do so. In other
states, there are legal limits on what kinds of intellectual-property
assignment clauses can go in an employment contract. Here's the relevant
section of CA's code: [http://www.leginfo.ca.gov/cgi-
bin/displaycode?section=lab...](http://www.leginfo.ca.gov/cgi-
bin/displaycode?section=lab&group=02001-03000&file=2870-2872)

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askar
I think the only requirement is that you can not work for the company that you
own on H1B visa. If you think what's the point of creating a startup for which
you can not feed your blood and sweat to grow it...go figure...

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Legend
@askar: Not a problem at all. I am only concerned about seeing my idea out
there :) Thanks for the input.

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mgh2
Any news on the startup visa or EB-6? How long does it take to get approved?
It will help so many entrepreneurs if this new visa was passed, instead of the
current EB-5.

