

USCIS makes it easier for immigrants to build startups in the US - trustfundbaby
http://www.dhs.gov/ynews/releases/20110802-napolitano-startup-job-creation-initiatives.shtm

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trustfundbaby
This, in particular, is a huge win

> In response to stakeholder feedback, USCIS has also updated existing FAQs to
> clarify that an H-1B beneficiary who is the sole owner of the petitioning
> company may establish a valid employer-employee relationship for the
> purposes of qualifying for an H-1B nonimmigrant visa – which is used by U.S.
> businesses to employ foreign workers in specialty occupations that require
> theoretical or technical expertise in specialized fields, such as science,
> engineering, and computer programming.

~~~
Shenglong
Is it?

> beneficiary who is the _sole_ owner

~~~
ojbyrne
I think if you read the FAQ it seems like you previously could establish an
employer-employee relationship (required for H1B) if you were part-owner. This
just clarifies that its also possible even if you're the sole owner.

I don't think its a huge win though.

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iqster
This is a very positive development. Not the same as stapling a Green Card to
your PhD diploma, but certainly a step in the right direction.

CS people keep getting the shaft when it comes to govt definitions of
occupation. For instance, there is no software engineer category in the TN
visa for Canadians. When the release says startups, I assume tech startups.
They say they will also train their employees to understand the peculiarities
of this segment. Again, extremely positive news.

~~~
mahyarm
There is an 'engineer' category, so if you have a degree that says 'software
engineer' (which are about 5-10 classes shy of a CS degree usually) you can
use it. They have this artificial distinction between programmer and software
engineer where you make or design new code or just modify existing code so
lawyers are still required and there is the 'Computer Systems Analyst' that
seems to always imply a need for a degree that says Computers in it.

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ojbyrne
Note, that there are no actual changes in law here, just making the process
easier to navigate. And a good lawyer would have helped with that previously
anyway.

Still, given my experiences with USCIS employees, anything that clarifies
things for them is wonderful.

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yuvadam
Since the document isn't accessible (for me) at this time, can anyone please
TL;DR; this?

I am an alien entrepreneur - in what circumstances can I found a startup, and
legally immigrate to the US while working it?

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seldo
I'm not a lawyer, but I am an H-1B holder, so filter my interpretation
accordingly.

Mostly this document is a declaration of intent. It says "if you are a
legitimate entrepreneur, we are on your side". It doesn't actually change any
laws or regulations.

Instead it clarifies the circumstances under which you can apply for existing
types of visas. Since applying for a visa is expensive and lengthy, people
tend to avoid applying for them if their qualifications are ambiguous, so
saying "yes, you will definitely qualify" is a valuable thing.

In particular, they are saying they are making it easier to get an EB2 visa,
which is a very nice one that lets you stay permanently and apply for a green
card. The official requirements for an EB2 are quite strict:

[http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b...](http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60aRCRD)

Specifically it requires documentation of 10+ years of experience and you have
to be a "professional" (e.g. doctor, laywer). However, these requirements can
be waived under an existing exception for "national interest", and this
document is basically saying that entrepreneurship can be considered as being
in the national interest. That's a huge step!

In addition, H1B visas are usually oversubscribed, so they become a lottery.
But there have historically been lots of EB2 visas left over every year. So
not only does it make an EB2 easier to get, but if significant numbers of H1Bs
applicants decide to apply for an EB2 instead, it will increase the total
number of visas issued every year (anti-immigration campaigners should note
that the numbers we're talking about are still laughably small: there are only
~13,000 EB2 visas available every year, and ~65,000 H1Bs).

In answer to your specific question: if you can prove to the USCIS that you
are really an entrepreneur and are trying to start a business, you may be able
to get an EB visa under the waiver. However, it remains much easier to join an
existing business an American has started and then apply for an EB2 or H1B to
the existing business.

In short: America still doesn't seem to like it when foreigners come over and
try to create jobs, but they have agreed to make it slightly less difficult if
you do.

~~~
recoiledsnake
EB2 is badly crowded for India and China and currently stuck in 2007, so this
is not going to change anything for them but might make it worse for people
already waiting.

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mcos
Does this mean that I can establish my own business on a H1B and then have
that business sponsor my visa so I can work for it?

~~~
gopi
Yes, but you have to prove that there is a separate Board of Directors which
has the ability to hire, fire, pay and supervise you. If you get funded, i
think its easy to prove

~~~
trustfundbaby
Where did you get that from?

The new rules seem to say that you can do this as a sole proprietor.

~~~
forgingahead
The updated memorandum still talks about the control issue of having an
employer-employee relationship. If you can't demonstrate that you can be fired
(amongst other things), it doesn't pass the employer-employee relationship.
You can be the sole stockholder, but you still need an entity within the
company that has control over you - the example they give is a Board of
Directors.

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cooldeal
Hogwash. Looks like it changes nothing.

At [1], see Q4 onwards.

In other words, it seems like the same old thing. What has changed is that you
can be the sole owner of a company instead of a partner earlier but you
already must be in the US on a valid non-tourist visa to start a company here
right? Will this help students? But you need an advanced degree or 10+ years
exp! How does one show their company is in the national interest? It's not
easy, not to mention that this is useless for people of India and China
because EB2 dates are back in 2007 for them.

[1]
[http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f...](http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=93da6b814ba81310VgnVCM100000082ca60aRCRD&amp;vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD)

