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There are lots of tricks that big companies use to get their workers to wherever they want them to be. Some argue the entire H1-B program is such a trick.

However, as far as I can tell, there aren't any great loopholes for startup founders.

From the US government's perspective, lean web startups don't even make any sense. Why would you want to move to a foreign country to start a business that has no premises, makes no significant purchases, requires no investment, will likely have few employees for the first few years, and has a 9/10 chance of failing? I know that your reason is "Bay Area culture" and proximity to VC, but that is not acceptable to the US government, and they don't have a huge incentive to help you.

All the options I'm aware of involve a work-for-hire arrangement with an existing US concern or entrepreneur. Then they can use the H1-B, or other employment visas. You can't officially be self-employed, so you can't be an owner. Presumably you want something like stock options instead. You'd have to have an extraordinary degree of trust in your American partners.

The other option is to come in as a business entrepreneur. Likely you will need to prove you're spending at least tens of thousands of dollars and hiring lots of Americans. As I mentioned elsewhere, then the US government is going to want you to have normal business expenses, like for instance, an office.



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