3 ms·

For what it's worth, the program doesn't provide a substantial advantage over existing visas, due to the requirement of $250k+ in funding. Immigration lawyers

by arikr 9y ago

For what it's worth, the program doesn't provide a substantial advantage over existing visas, due to the requirement of $250k+ in funding. Immigration lawyers I've discussed this with have noted that if someone has $250k+ in funding, they are generally able to get an O-1 visa, anyway. So while this process would likely be easier, it won't help many people who couldn't get a visa via another path. If the requirement was changed to benefit people pre-funding and give them 2-4 years to show promise, then this would be an extremely beneficial rule.

8ytecoder 9y ago
In general the visa program is designed for employees and executives. It's so much easier to move to the US as one of the two instead of a founder. An "international manager" for example qualifies for the fastest Green Card process. A founder, whereby no one can fire but yourself, can't get into any of the existing visa criterion. To clarify, for both H1B and O1 you need to have a manager (I presume a co-founder would somehow qualify) to be able to fire you. It's a core criteria.
- anindha 9y ago
  Having the board as your "manager" is sufficient.
- technotony 9y ago
  Your O1 information is incorrect. You can self apply for O1 or apply with a manager. It's often used for creative careers, eg actors (and amusingly porn stars according to my attorney), where the concept of a manager doesn't make sense.
- arikr 9y ago
  As the person below you noted, your O-1 information is incorrect. Founders can, and many do, apply for and successfully receive O-1 visas. But yes, the visa system is generally much easier for employees and executives instead of founders.
vram22 9y ago
>Immigration lawyers I've discussed this with have noted that if someone has $250k+ in funding, they are generally able to get an O-1 visa, anyway. Do you mean funding, or 250K+ of their own money?

by arikr 9y ago

8ytecoder 9y ago

In general the visa program is designed for employees and executives. It's so much easier to move to the US as one of the two instead of a founder. An "international manager" for example qualifies for the fastest Green Card process. A founder, whereby no one can fire but yourself, can't get into any of the existing visa criterion. To clarify, for both H1B and O1 you need to have a manager (I presume a co-founder would somehow qualify) to be able to fire you. It's a core criteria.

anindha 9y ago
Having the board as your "manager" is sufficient.
technotony 9y ago
Your O1 information is incorrect. You can self apply for O1 or apply with a manager. It's often used for creative careers, eg actors (and amusingly porn stars according to my attorney), where the concept of a manager doesn't make sense.
arikr 9y ago
As the person below you noted, your O-1 information is incorrect. Founders can, and many do, apply for and successfully receive O-1 visas. But yes, the visa system is generally much easier for employees and executives instead of founders.

vram22 9y ago

>Immigration lawyers I've discussed this with have noted that if someone has $250k+ in funding, they are generally able to get an O-1 visa, anyway. Do you mean funding, or 250K+ of their own money?