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Creating a startup in the U.S.
12 points by amrithk on March 27, 2008 | hide | past | favorite | 16 comments
I am currently working with 2 friends on an online venture. Each of us have jobs and we only work on our project in the weekends and some week-nights if we can get home before 10pm. We dream about pursuing our project full-time and we have thought a lot about applying to YC and other similar programs.

The problem is that two of us are not American citizens or permanent residents. We require visas to remain here legally. We would like to stay and work together but this is not possible without a visa. At the same time, we really don't see our project getting anywhere unless we pursue it full-time. I was wondering if anyone else has/had this problem when creating their venture. Are there ways to get around it so we can apply to programs like YC?




This thread might be useful if you are looking into getting a visa. My co-founder and I are looking at these options right now: http://news.ycombinator.com/item?id=115590

http://ycombinator.com/faq.html << also, you only need to be able to come to the US for the 3 months to be able to participate in YC. so my advice is apply and begin looking at your visa options. if you get in and have your visa already sorted out by the time you get to the states I imagine it will make it easier when you look to raise more money, stick around, etc.


That sounds like a good idea. I am already working at another company on a H1-B visa and run my venture just as aside.

To really pursue this full-time, one route I am thinking is to apply to business-school and work on my venture through that. That way, I'll get to work on my venture, have better chances of meeting bright people I can work with, have better access to funding opportunities and also gain a 1 year provision through an F-1 visa that I can use to build a startup. Does that seem like a good idea?


One idea: Create two companies, a US company and a company in your local country. You local country affiliate can pay your salary and the US company can pay the foreign company like a vendor.

After a year or so, you will be eligible to get a company L-1 transfer visa.

Or if you don't plan on paying yourself through the company in the first year or so, try to get a visa at another company (perhaps you are consulting for a small number of hours per week?). You wont be an employee of your startup, but you will be the owner.


Move to your country of origin or other common countries where you & your founders don't need a visa and start a startup from there.

If you move from the US to a country where the currency is weaker, the same dollar will really stretch.

I spoke to the RedSwoosh guys who had moved to Thailand for 6 months and it worked out well for them: http://online.wsj.com/public/article_print/SB119179859820351...


The problem is we are all from different countries. If I move to the country of my origin, my team-mates will need a visa to move to that country. Of course, its much easier to work from different parts of the world but not sure how advisable that is for a startup when many people need to work face to face.


You might google site:news.ycombinator.com , because you guys aren't the first nor the last to have this problem.


So the conclusion is to either not do it for years or make a sham marriage. I have no idea how someone could be unsatisfied by this previous advice:)

It really does seem to be a rather mysterious process if you're this far out of the norm though. I'm sure every additional datapoint will help.


That's because it is a mysterious process -- so much of it seems to be at the discretion of the USCIS examiner. I think the best advice is to consult an immigration lawyer. Not only because they know about the law (which I find is actually pretty hit and miss) but having a letter from a lawyer included in your application gives you a little more legitimacy.


My observation is that an immigration lawyer adds a lot more legitimacy. This suggests the hypothesis that US immigration is, de facto, a two-tier system: those who can afford the right lawyer are on an unofficial fast track. This is a de facto and not a de jure distinction because it would be politically unacceptable.

This hypothesis has the advantage of explaining the system's byzantine complexity, which often seems irrational: it's a membrane. The upper tier of candidates (those with lawyers) are able to penetrate the membrane more readily than the lower tier.


Thanks for the advice....

I don't think I want to go the sham marriage route :-)Perhaps the best thing would be to consult an immigration lawyer. Just wanted to know if anyone has had similar experiences to mine as to attend a program like YC, everything is predicated on being able to remain in the country.


Thanks for this good thread and our team could run into the same problem. We would like to know, if its pivotal for any startup to start from US to gain a good success?


You wrote "about applying to YC and other similar programs" do you know any other firms which do the same what YC does? If so, please post some info! thanks!


http://www.launchboxdigital.com/ - based out of DC. Pretty new. Saw them present @ tech meetup in NYC.


Thank you! i'll check it out!


Another program we've been looking at is TechStars (www.techstars.org). Its based in Colorado, which I believe, is emerging as a startup hub.


Thanks!




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