Comment by fovc | Hacker News Reader

Comment by fovc | Hacker News Reader

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I'm moving to the EU so that I can start a company. I looked at all these options and they are incredibly unattractive for a number of reasons:

1) If you want to H1B yourself, you have to demonstrably give up control of your company to a US citizen. What if none of the co-founders are American? What if you're a solo founder?

2) The B1 visa only gives you 6 months to figure out an alternative. It's unclear what the alternative is, and why add that stress during what is a critical time for your startup?

3) If you have $100K you could go for an E2 visa, but it does not lead to a green card. You have to renew every 2 year. Exiting your company? Get ready to exit the country. It also requires you to create a few (single digits) jobs within the first three years, but that seems less onerous

4) My lawyer suggested that an O1 would be unrealistic unless you've been recognized publically somehow.

5) If you have $500k to $1M, you could apply for an EB. I don't, so can't comment too much here.

Fianally, across the board there's an issue of time and money. Dealing with this stuff will be a big headache that will distract from your company.

Disclaimer: IANL

[1] https://www.uscis.gov/eir/visa-guide/entrepreneur-visa-guide [2] Personal consultation with an immigration lawyer

This. Being on OPT, I went through all of this in the past couple of years. I refused to give in and take up a regular job, just for the opportunity to get a shot at the H1B lottery (which a lot of colleagues and friends have suggested).

I moved from SF back to Mumbai, India(my home country) earlier this year and don't regret it one bit. There's a lot happening here and there's a boom in the startup space in general in the country.

For the US, I definitely see a pretty big negative impact in the long run if the immigration system continues to remain as messed up as it is at the moment. I truly hope some kind of a startup visa is implemented so that future graduates, thinking of starting up do not have to fight against getting kicked out.

Where are you moving to and what type of visa are you using?

Where are you moving from?

Why should the United States accept everyone who announces they would like to start a company? But it does with the E2 visa (for treaty countries).

And your problem is that you can't stay forever when the business fails?

Awesome, so he will create his company in Europe, generate jobs in Europe, generate tax revenue in Europe, generate economic activity in Europe, and create new technology in Europe. USA immigration policies For The Win!!!!!

No offense to fovc, who I wish all the best, but you're assuming his company will be a success.

Correct. But you can't have a successful company without having a company in the first place

Like you can't blow out a candle without it being lit in the first place.

And what's the risk to the US if it isn't? Compared to the impact and risk of existing visa categories?

Not sure what your point about existing categories is, but with respect to the point that it might be all roses for the US to invite foreigners to found companies, just off the top of my head:

Most of the investors that get involved are likely to be in the US, they may have limited legal avenues to pursue if the company fails due to negligence or fraud and the founder moves back home.

Depending on the financial status of the founder, the US might have to choose between providing social support or paying for deportation.

I'm not saying it's all roses. I'm talking about risk/reward.

I'm trying to compare it to the potential upside of any immigrant category. Entrepreneurs present some downside, but no more than any other visa/immigrant category. One heck of a lot more upside though, IMO.

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