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As I allude to above, the Obama administration did significantly loosen restrictions on H1-Bs for founders who raise money and have a board that can fire them,

As I allude to above, the Obama administration did significantly loosen restrictions on H1-Bs for founders who raise money and have a board that can fire them, therefore counting as an 'employer': http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3f412bfb4cf81310VgnVCM100000082ca60aRCRD&vgnextchannel=44eec665e1681310VgnVCM100000082ca60aRCRD http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f... If you're able to transition between your current startup as an employee in a way that gives you time to develop a new startup as a founder and gets you enough runway to raise a round, you may be eligible for an H1-B as a founder under these new rules. It's certainly not in the interests of the US for you to leave. We've got the ear of the administration, and they're doing what they can to help despite a locked up Congress, as well as some friends in Congress, like former VC and current Rep. Jared Polis.

untog 15y ago
I read about that, and was encouraged- until I started the visa transfer process from my old employer to my current one. It's been dragging on for five months now, and has been a complete nightmare. My latest instruction is to get confirmation letters from every employer I've had since college to confirm that I am, in fact, a developer and not some sort of international imposter. I've been working in the US for three years now. I have to prove to the immigration department that I am qualified to do a job they already approved me to do. It's led me to be incredibly cynical about whether US immigration is actually interested in me being in the country or not. Basically, the clarification provided by the Startup Visa would be amazing.
- HistoryInAction 15y ago
  Yes, it would be amazing :) Any help is appreciated to make it happen! One political hack to make the system more responsive is to ask your references to write a standard note to their elected officials (House Reps in particular) in DC, little time commitment on their part. Then, you should follow-up by phone call to the staff in the contacted offices. This is a standard constituent service provided by DC reps to 'check-up' on these visa applications. While they can't order USCIS to approve you, which is a violation of federal law, since the Reps provide funding for USCIS, the departments tend to treat Reps words with weight. You should especially go through this process for the district you plan on setting up in. That Rep wants new businesses and will have the most incentive to help you out. As a long shot, pitch Vivek Wadhwa to help out, since he's heavily invested in fighting for the tech community on visa issues.

untog 15y ago

I read about that, and was encouraged- until I started the visa transfer process from my old employer to my current one. It's been dragging on for five months now, and has been a complete nightmare. My latest instruction is to get confirmation letters from every employer I've had since college to confirm that I am, in fact, a developer and not some sort of international imposter. I've been working in the US for three years now. I have to prove to the immigration department that I am qualified to do a job they already approved me to do. It's led me to be incredibly cynical about whether US immigration is actually interested in me being in the country or not. Basically, the clarification provided by the Startup Visa would be amazing.

HistoryInAction 15y ago
Yes, it would be amazing :) Any help is appreciated to make it happen! One political hack to make the system more responsive is to ask your references to write a standard note to their elected officials (House Reps in particular) in DC, little time commitment on their part. Then, you should follow-up by phone call to the staff in the contacted offices. This is a standard constituent service provided by DC reps to 'check-up' on these visa applications. While they can't order USCIS to approve you, which is a violation of federal law, since the Reps provide funding for USCIS, the departments tend to treat Reps words with weight. You should especially go through this process for the district you plan on setting up in. That Rep wants new businesses and will have the most incentive to help you out. As a long shot, pitch Vivek Wadhwa to help out, since he's heavily invested in fighting for the tech community on visa issues.