Questions about work visa and founders unable to relocate to SF for YC

My co-founders and I are interested in applying to YC. However, one of them is unsure of his ability to be in the Bay Area during the semester. He is willing to work remotely in his spare time during the YC process but would be unable to make the full-time 3 month commitment with us.

Another one of his concerns is that he is in the US on a temporary work permit while he is in the process of applying for H1B. He is afraid leaving his current job would jeopardize his H1B application.

So my questions are:

1. Is it counted against us if one of the founders is not able to relocate during the YC process? Are we better to apply with him listed as a founder not able to relocate or not include him at all in the application? 2. Has anyone else dealt with work visa issues during YC or any startup? Seems like this would be a common issue as many founders are not residents of the US.