

Immigration for Startups - hornokplease
http://christophergolda.com/immigration-for-startups

======
anigbrowl
Agreed again that this is more complex than it needs to be, and the ongoing
politicization of this issue does the US no favors. Of course, what it comes
down to is that immigrants can't vote, and very few politicians are willing to
take the time to explain to other voters how immigration is in the collective
interest of all. So 99% of the public debate consists of 'Immigrants steal
jobs/benefits from Real Americans™' on one side and 'Think of the children/why
is this so complicated' on the other, which doesn't advance anyone's
understanding or interests.

Do consult with a lawyer, whatever you do. The rules change constantly (eg the
I-9 form, which must be filled out for every employee, is about to be
replaced), and an oversight by either an immigrant or someone who employs one
can result in all sorts of expensive and awkward problems down the line.
Startups are likely too small to be randomly audited, but immigration
compliance is a requirement for doing any contractual business with the US
government.

~~~
anamax
> very few politicians are willing to take the time to explain to other voters
> how immigration is in the collective interest of all.

 _Some_ immigration is in the collective interest but _all_ isn't and
suggesting otherwise is counterproductive.

What? You want to argue all? Okay - what's the collective benefit in importing
folks convicted of genocide? There are lots of groups whose collective cost is
higher than their collective benefit. (Yes, we grow some of the locally, but
that's not a reason to increase the supply.)

The "let's import all the smart people" advocates have been played for saps by
the open borders folk.

~~~
anigbrowl
I meant to type 'immigration _reform_ ' and skipped omitted the word by
mistake, which completely changed the meaning of the sentence. Sorry about
that.

By 'reform' incidentally, I mean consistent facts-based legislation giving the
existing system a complete overhaul. Regardless of what policy one supports,
the patchwork of exceptions and contradictions in the current legislation
leads to a great deal of inefficiency and confusion. Making it simpler and
more consistent would make revised rules (whatever they turn out to be) easer
and cheaper to administer.

~~~
anamax
Every proposal is called "reform", so that word is basically meaningless.

Yes, the current system is a disaster. However, that doesn't imply that we
can't end up with an even worse system.

That said, I'll stand by my statement that the folks who claim to be
interested in importing "the best and the brightest" have chosen poor allies,
namely the open borders folk.

~~~
anigbrowl
I defined my meaning in technical, policy neutral terms, which is apparently
getting downvoted for...well, I don't know why, unless someone thinks that
inefficiency, inconsistency and red tape are highly desirable.

You can stand by your statement all you want, because I am not going to get
drawn into a policy debate with you. Your first remarks in the thread were
arguing with a position I never expressed to begin with.

~~~
anamax
> I defined my meaning in technical, policy neutral terms,

Let's review.

>>>By 'reform' incidentally, I mean consistent facts-based legislation giving
the existing system a complete overhaul.

"Consistent facts-based" doesn't imply improvement, let alone good even if you
throw in efficient and less red-tape.

------
keyist
Great post, summarizes the options well.

For completeness, here are a class of Free Trade Agreement visas that are
similar to the H1B:

\- The E-3 visa for Australians <http://en.wikipedia.org/wiki/E-3_visa>

\- The H1B1 visa for those from Chile or Singapore:
<http://en.wikipedia.org/wiki/H1B_visa> (search for 'Chile')

If you are from one of those countries and looking for employment, be sure to
bring up those options. These visas are much more attractive to employers
because they involve less paperwork/requirements and have priority over the
regular H1B cap.

~~~
konsl
Thanks — will add these soon

------
kevinburke
I wish that it was easier for talented people to come work in the US. Thanks
for posting this and best of luck.

~~~
stckrpnd10
Totally agree - it's our loss if we don't help/make it better.

------
nikhilpandit
I am not sure if the article suggests J-1 for people who are studying abroad,
or for international students studying in the US. For international students
studying in the US, I would highly recommend being on a F-1 visa instead of a
J-1 visa and then applying for a CPT (or OPT if you are done with college) for
an internship. J-1 has a requirement of working for two years in your home
country after graduation. If you plan to continue working for the startup
after graduation, this 2 year requirement could become a big issue (you need
to apply for a J-1 waiver and do quite some paperwork to get rid of it).

In general, for international students studying in the US who want to start
companies or work at an early stage startup in the US, I would recommend
reading up the CPT and OPT rules. Those can be very useful in the early days
until you have sufficient funding to move to a visa category like H-1B that
has a minimum salary requirement.

~~~
eduardo_f
Amen. That's exactly what I'm doing.

------
rguzman
E-2 visas are missing from the list which may be good co-founder visas.

<http://en.wikipedia.org/wiki/E-2_visa>

[http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b...](http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2ea36811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=2ea36811264a3210VgnVCM100000b92ca60aRCRD)

[http://answers.onstartups.com/questions/379/in-lieu-of-
an-h-...](http://answers.onstartups.com/questions/379/in-lieu-of-an-h-1b-visa-
what-other-visas-can-be-a-founders-visa)

~~~
konsl
Aware of this, just less common. Usually startup founders don't have money of
their own to make a "substantial investment." It's my understanding that the
investment should exceed $200,000 USD, and some consulates require $500,000.
The amount is also evaluated based on the type of business being invested in,
etc.

~~~
mdda
Information point : I got an E-2 for my software startup in 1999, investing
$100k for 100%. I've been renewing ever since, and (post angel round), I'm now
at 72%. Of course, renewal require that the business passes various other
tests.

The E-2 visa is really a two-stage thing : The company needs approval, and
then the individuals get their E-2s on the back of the company.

FWIW, I've done all the legal work for myself.

~~~
elai
Do you have to invest individually, or as a whole?

------
zmitri
The TN visa is not ideal for devs/hackers as you would have to apply under the
guise of "Computer Systems Analyst." Unless your employer is willing to
provide you with a job description that explicitly states computer systems
analyst and does not mention being a developer/programmer then you should be
good for a TN.

<http://en.wikipedia.org/wiki/Systems_analyst>

Graphic designers and mathematicians (including statisticians.. think AI) on
the other hand should be fine.

~~~
ojbyrne
I've been on a TN 3 times (don't ask) and it's always been as an Engineer,
i.e. Software Engineer.

~~~
zmitri
Do you have an engineering degree? Could someone who did CS qualify for that
position without being an "Engineer"?

~~~
ojbyrne
I have a CS degree, an MBA, and lots of experience.

------
elai
Could you have a company in your country, work at it for a year+, register
another company in the US and then go via L-1A (managerial intracompany
transfer) visas? Wikipedia does say after all: "or which intend to open a new
office in the United States while maintaining their home country interests"

------
peripitea
How easy is it to get an O-1 visa? I always just assumed it was out of my
range, but if it's just "speak at a few conferences", I could probably swing
that. Anyone have experience with this?

~~~
knight2h
its not that easy, you need a whole check-list of other things, read up on it
or better yet talk to an Immi Layer.

------
elai
I wonder if the APEC business visa/card is fully implemented if it will come
with the 2 month visas that all the other member countries have?

------
terra_t
Why not conduct your business in Canada or, alternatively, try hiring a few of
the millions of U.S. citizens that are out of work?

~~~
elai
Because you want to be in san francisco.

------
suzyperplexus
Thanks for this. This is an awesome resource!

