US Immigration System Sucks, if you are a Founder
blog.mashape.com
blog.mashape.com
A country needs to figure out what elements it wants to excel in (services, manufacturing, high-tech, etc.) and then make policies that will drive people towards those industries, regardless of where they are from.
The US system is rather agnostic (it seems equally hard for a day-labourer as a top-notch scientist to get in) as a result - the people needed are difficult to identify and woo into the country.
Canada has an interesting method to this - and is relatively open to immigration: use a point system. (want to figure out YOUR score?: http://www.workpermit.com/canada/points_calculator.htm
If you're a PHD, add 25 points - a high school grad? add 10 points...and so on. In the end, the process is relatively transparent and helps potential immigrants realize they are needed.
In the US, as part of the immigration process - they will go through intense questioning on very relevant matters such as "Were you ever a member of the communist party?" "Are you a terrorist?" - both questions were asked of me dring the immigration process. But no one even asked if I had a high school diploma....hmm.
A day laborer would probably have the easier time, if he has family in the US. The US system is a relic of a past era when the goal was quickly integrating hordes of unskilled laborers fresh off the boat. Speaking as a highly educated Canadian, I would sooner go anywhere else in the developed world before subjecting myself to US Immigration.
But reading the points offered, I realize that if I were not a Canadian citizen already, I wouldn't be allowed to immigrate into Canada. That's a little humbling.
http://www.govtrack.us/congress/bill.xpd?bill=h111-1791
Not clear when/if it will become law though.
However, if you don't have an offer, then you have to have a skill/occupation that falls in this list http://www.cic.gc.ca/english/immigrate/skilled/apply-who-ins...
We went through that this last time, mostly through miscommunication, and the process was still very painless. It helps if you are specialized in a certain industry. You also need some form of degree in the field you are being hired for. Part of the reason I encourage people to continue their education and to make it clear self-taught doesn't open as many doors as education.
In the end, obtaining a Canadian visa is a straight forward process. The only assistance available covers everything you need, and walks you through. My wife did it for me, and we didn't even need a lawyer.
After going through this, and paying the fee, we found out that the border agents had informed us wrong. Really, it was just a case of confusion. They didn't realize I was applying under a special category. However, even if that hadn't been the case, we would have done just fine.
The entire process, and all the government officials we spoke with were incredibly helpful. This isn't the first time I've gotten a visa, either. It's just the first time we decided to go through the process without a lawyer. The Canadian government, as well as the Quebec government, were very reasonable and quick about the whole thing.
H1B: (the most popular) This Visa let you be hired from your company. So you can be the CEO, CTO or a developer of your company. It lasts 5 years, then you can extend it.
Not entirely true.
1. The Visa is for 6 years (in 2 3-year segments). Furthermore, you can't extend it unless you have legitimate reasons for it (for eg. if you are waiting on your GC to be approved).
2. It's very hard to be hired by your own company, especially for startups. He does allude to this in his "Cons" section but there is more to it - For a firm to hire a H1-B the business itself needs to prove that it actually has such a need. Furthermore, its needs to prove it's own viability via a business plan, a tax statement (that shows that it makes $x in revenues each year) etc. The latter portion is hard for a startup - since they may not have any revenues yet.
3. The 5 year time range (for getting a GC) is random at best - It all depends on the country of origin of the immigrant. People from certain countries can enroll in the GC lottery process and potentially get lucky (I have a friend who went this route). For most people from China/India it usually is on an average 5-6 years (a EB-2 classificatio. EB-3 takes longer, while EB-1 is usually very fast, but a very small portion of the population can apply in that category)
4. He's right about having the right salary. You need to pass labor certification when getting a H1-B (or a GC for that matter). I don't know enough about part-time H1-Bs so I can't comment on it
I was hired by the co-founder of my own startup (eduFire.com) in 2007 and transferred my H1 from my old big corp to the startup.
Things may have changed since then, or the case might be different b/c it was an H1 transfer, but our lawyer didn't need to provide a biz plan or tax statement to get the H1 transferred.
Ok, I get it that the US incurs some liabilities when it accepts inmigrants, etc... that's why the startup visa makes some kind of sense...
I'd love to go to the US (heck, even visit!) but I've been deterred several time (I've been 2 inches from the US border during my stay in Canada, but I didn't want the visa hassle and expense just for a short visit - not that the Canada visa experience was much better but I have relatives there)..
I would think an open-door policy that lets people with prima facie evidence of a legitimate startup come in for 1-2 years to try their hand would be hugely beneficial. You might require a letter of recommendation from an investor but not actual investment. If they haven't raised money or have revenue after that then the visa ends, and you might only be able to apply for it once every 5 years. I think this would enable a flood of talented entrepreneurs to come and give it a go with very little risk of abuse - coming to the US is a very expensive proposition if it is only going to last a year or two. Just the overheads of showing up are a pretty high barrier. And any person landing fresh is going to spend a lot of money in their first year and as an entrepreneur they are by definition not taking anybody's job. It really seems like a win-win.
As far as I'm aware, the K-1 visa is one of the fastest processed visas, and it's been 7 months without making a single mistake. I'd hate to think how long it would be on another visa, or worse, if we had made a mistake along the way.
I've always taken the libertarian stance that open borders are the most sensible way to run a country. More so since I've seen the ridiculous way the immigration system is run.
As far as I'm concerned, US immigration controls only make life harder for people who want to do the right thing. I've had plenty of chances to just overstay a visa and not go home, but I chose to do the right thing, and as a reward, I get to wait months without seeing my partner.
Here's a link showing the minimum capital requirements for different nations:
http://doingbusiness.org/documents/Simulator_2010.xls (Excel Spreadsheet)
Some Examples:
China - Overall Ease of Doing Business: 87th - Min. Capital to Start a Business(% income per capita): 130.9%
Germany - Overall Ease of Doing Business: 25th - Min. Capital to Start a Business(% income per capita): 0%
Ireland - Overall Ease of Doing Business: 7th - Min. Capital to Start a Business(% income per capita): 0%
Singapore - Overall Ease of Doing Business: 1st - Min. Capital to Start a Business(% income per capita): 0%
United Kingdom - Overall Ease of Doing Business: 5th - Min. Capital to Start a Business(% income per capita): 0%
United States - Overall Ease of Doing Business: 4th - Min. Capital to Start a Business(% income per capita): 0%
Granted, the rules may be (somewhat/drastically) different for non-citizens, but imposing extremely high minimum capital limits (if it's true) is very stupid economically.It is sort of stupid economically, but then the other side of the coin is that government don't want to be accused of selling visas or try to evaluate micro-businesses proposed by people who might or might not be actual entrepreneurs. Protip: being a professional writer or artist of any standing makes living in Ireland much, much easier.
"being a professional writer or artist of any standing makes living in Ireland much, much easier." - unless you are U2!
ps. there is a Ruby Ireland meetup in Cork in 2 days if you are in the area...no prerequisites, very informal, all welcome ;-)
re. meetup, I live in the US now, and unfortunately my relatives in Ireland aren't programmers - but thanks for the invite!
Why to look for being directly paid by US company? Why not to establish local company and outstaff yourself to it? It's even possible to save on taxes in some cases. Getting B1 visa is not so complex and it allows to stay in US long enough to hold all crucial meetings and then return in 3-6 months.
Yes, this approach has a lot of inconveniences. But it's much more doable than knocking on the closed door.
Please don't let any more of these type of people in. Its too good here already.
Isn't it's a time to realize that there is no need to relocate into US, moreover, it is, perhaps, much better to work with US-bound project but to live, say, in India, Thailand, Nepal and other clean and friendly places..
Isn't a entire history of emergence and development of Linux kernel (and related OSes) is a self-evident case study?
50% of the children in born in the U.S. today are Black or Hispanic.
Unless you know of a way to fix all the problems in Black and Hispanic populations that seem to keep them from having any significant presence in professions requiring an education or IQs over 120 (and we've tried to fix those problems for 150 years now), the U.S. will be Brazil in 20-30 years.
Educational reform has moved the Black-White gap maybe 1/5th of a standard deviation over the last several decades. And that was the easy part. Honestly, the rest is probably genetic, and simply won't budge even if you turn the public schools into sharashkas.
Good luck, all. The demographic ball is too big to stop now, even if every state turned into Arizona tomorrow. The moving hand has written. Enjoy your bowls of red.
P.S.
If you are now busily writing me 50 reasons why the black-white gap isn't genetic, don't bother. That was an aside and irrelevant to the central point. What matters is that it's something that seems impossible to shift with current methods even when vast resources sluice against the problem over many years. And you only have 20-30 years to come up with a solution. Smart money is way against you.
However, what this, and your comments in particular, have to do with immigration as it relates to Founders is beyond me. Your post basically just degenerates into one of those racialist garbage tediums (see paraphrase:"we've tried to fix blacks for 150 years"; slavery was abolished in 1865; segregation in the 60s; one can't right wrongs by not actually doing anything about them) that litter much of the white supremacist blogosphere nowadays. Hispanics, I might understand some frustration to do specifically with immigration, but what the state of Black America has to do with regards to Founder immigration I cannot discern.
Your tangent on how Blacks and Hispanics, two disadvantaged but otherwise tasteful groups, are figuratively destroying America is an example of practiced misdirection.Neither of these two groups objectively stand in the way of adjusting immigrations practices to allow more Founders.Hence your entire rant exposes itself as racist fear mongering drivel written by a someone with very little to say on the germane issue at hand.
lulz
Oh, and just to make clarion your intellectual dishonesty, what does all of this have to do with Founder immigration? Nothing. What is it really about? Probably racism.
Have a nice day.