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US Immigration System Sucks, if you are a Founder
- eduardo_f 16y agoThe OP forgot to mention the F1 Visa (student visa). I'm starting my company on F1.
- ojbyrne 16y agoYou can basically leave off the "if you are a Founder" in the title, and still be accurate.
- tgittos 16y agoAgreed. My fiancee and myself have been going through a K-1 visa since January, and while it's nearly over, I still have to fly to another city to get an interview before I get my visa. 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.
- Vivtek 16y agoLast time my wife renewed her green card it took them 16 months to process it - and this is for an employed, property-owning, doctorate-holding, non-crime-committing, citizen-parenting immigrant who's lived in the States for 15 years. I.e. a textbook rubber stamp. We had to get a special note to return from our vacation because we'd only left a year for processing.... 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.
- tgittos 16y agoYeah, I hear you about the note thing. If I even get into the US in time for my wedding, I have to apply for permission to go on our honeymoon. We have to plan two honeymoons, one in case I can get permission to leave and re-enter the US, one if I can't. 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.
- _delirium 16y agoI think the main reason is that they don't have a good test for who's a bona-fide founder or not: anyone can put up a website or release some iPhone apps and claim they're running a tech startup and are in the process of trying to monetize it. Who's going to read those business plans and filter for the legit ones (and what does legit even mean; estimated likelihood of success?)? Hence the buck-passing to someone else (VCs, angels, or revenue numbers, if you successfully bootstrapped) to make the decision. If your startup's got enough cash or revenues to pay you a salary above some threshhold, you're considered a legit entrepreneur; otherwise, you're merely an "aspiring entrepreneur".
- s-phi-nl 16y agoCouldn't one just ask them to incorporate a company? I know this is generally better done later rather than sooner, but it is enough of a hassle that I think it would be a reasonable indicator of commitment.
- sinzone 16y agoNo, otherwise everyone in the world can come in US with just a $800 in commitment (the price to open a company in US via web)
- GFischer 16y agoAnd you absolutely don't want that.. imagine a free market that was free. 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)..
- anamax 16y agoIncorporation can be done on-line for under $200. (I suspect that it can be done for under $50.) That's not much of a committment.
- all 16y agoThis is the case in pretty much every western country, afaik. The $250k limit is also held by Germany. Other countries have floors of (I hope you're sitting) 1 million currency units (pounds, etc.). Personally, I think they are all misguided. But try to explain that to border control. In this vein, you may find this post by Max Klein of interest: http://maxkle.in/giving-up-on-europe/ http://maxkle.in/giving-up-on-europe/
- patrickk 16y agoCould you link to an article where is says the minimum amount you need to invest for the countries you mention? I live in Ireland and I've never heard of these limits for the countries you mention. Here's a link showing the minimum capital requirements for different nations: http://doingbusiness.org/documents/Simulator_2010.xls 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.
- anigbrowl 16y agoI'm from Ireland myself, and it is indeed different for non-nationals; eg Ireland requires E300,000 a credible business plan, and ability to hire at least 2 people. http://www.inis.gov.ie/en/INIS/Pages/WP09000012 http://www.inis.gov.ie/en/INIS/Pages/WP09000012 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.
- raju 16y agoI am not sure about the advice here. I am a H1-B holder, and here is what I see wrong with his advice - 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
- deleted 16y ago[deleted]
- sinzone 16y ago1. You have to check at the Duration section 2, 3. I wrote it: "only those who likely live in a Visa Waiver Country; i.e India is not in the list" moreover I wrote " these Visas above are extremely summarized"
- kareemm 16y agoFurthermore, 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. 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.
- win_ini 16y agoThe most frustrating thing about the imigration process to the US - is that the US hasn't actually established WHO they ARE looking for. 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 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.
- gamble 16y ago> it seems equally hard for a day-labourer as a top-notch scientist to get in 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.
- dkberktas 16y agofunny, when I came to San Francisco for Google I/O, the inspector didn't even care about the conferences, meetups that I will attend or my background (ongoing MSc), all he is interested in was whether am I planning to reunion with my girlfriend in States, why I buy a one way ticket, how much cash I have on me. One hint by the way, the inspector seems to be impressed by the book I was reading that time "Hitchiker's Guide to the Galaxy"
- btilly 16y agoThey ask for a name and an email for permanent records. Not worthwhile for curiousity. 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.
- elblanco 16y agoThe U.S. Immigration System Sucks, period. It's broken broken broken, out of touch with reality, has the problem of being hard for legitimate users to use and easy for illegitimate users to get around. It's basically DRM for borders.
- jacquesm 16y agoThat's a comment for the 'gems of HN'.
- cypherpunk1 16y agoOf course U.S. Immigration sucks for founders. You don't think we're actually pro sensible-immigration, do you? The U.S. Immigration system is about importing cheap labor (which is why Republicans support it) and NAMs to replace whites (which is why Democrats support it). 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.
- m0nastic 16y agoWow, you sound like Tim May reincarnated (although I guess technically he isn't dead).
- Keile 16y agoYou make a bunch of generalizations here without supporting evidence, especially with regards to the Black-White gap. Differences exist in and between (recognized) ethnic groups and are enforced by strict social phenomena (slavery for dark skins; liberty for lights). If we eliminated the entire historically privileged white middle and upper class from America, this would render the remainder of the population with much of the same social problems that plague the Black and Hispanic communities today. In this case, after a few generations the "gap" would very likely be as good as gone. 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.
- stretchwithme 16y agoThe world is full of creative, hardworking people that benefit everyone they interact with. Please don't let any more of these type of people in. Its too good here already.
- dgudkov 16y agoYou can't have salary nor be hired even by your own company 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.
- will_critchlow 16y agoI wish we could at least have the attitude in the UK that talented people coming to your country is a good thing... During our last national elections the hyperbole against any kind of immigration was astounding to me (as someone who employs and has employed people from around the world).
- c00p3r 16y agoDoes all Fedora/FreeBSD/Apache Foundation and thousands other project's contributors all sitting in the office cubicles in US? 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?