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Another problem with H1-B is that any coworker you meet who is here on H1-B cannot actually get involved in your startup, if you decide to leave that company or

Another problem with H1-B is that any coworker you meet who is here on H1-B cannot actually get involved in your startup, if you decide to leave that company or work on it on the side. This actually stifles innovation. I worked with a couple of very bright H1-B coworkers who I become pretty good friends with, and even though they had the time and the inclination to work with me on a startup, they couldn't b/c doing so would endanger their visa status. We consulted a lawyer who told us that even coming over to make coffee on a regular basis could be construed as contributing. If I had worked closely with people who could actually branch out and work elsewhere that would have definitely accelerated my project, but instead, though I value the friendships I've made, the acceleration to the economy via H1-B only occurs in terms of the work large companies can do. Startups can't afford to sponsor H1-B and H1-B's cannot start their own companies.

potatolicious 18y ago
Agreed. As a Canadian I sometimes bemoan the fact that startup culture is almost non-existent in this country, and that legally I have no realistic way of participating in an American startup, ever. But them's the cards I've been dealt I suppose. There is always the TN visa, which is quota-less and hinges only on an existing offer from a company, so I suppose I could work for a startup. The TN, though, is not on a track to a green card.
- alain94040 18y ago
  I completely agree with your statement and find it extremely. sad. I too immigrated to join the "startup spirit" and wished everyone in the world should be able to do their own startups. But then I actually did something about it, by starting my latest startup, which is dedicated to allowing people outside Silicon Valley have startups "just like here". Fatality and entrepreneurship are opposite feelings I guess :-) [plug to my startup not inserted]
miloshh 18y ago
Are you sure start-ups cannot afford H1-B? It might be a few thousand in lawyer fees, but that might be well worth it, especially if a few key founders need H1-B. Since more than 50% start-ups had some immigrant founders, I'm assuming that a large part of them had H1-B rather than some other visa or green card.
- goodgoblin 18y ago
  I guess it depends on how early stage the start up is. Once you get some funding, sure, I guess you could spend it on lawyer fees, though there are likely many other places you'd be taking it away from. Pre-funding though, or at the founder level, H1-B co-founders need a legal structure to transfer their visa to, or they can apply for a 2nd H1-B visa, but both of those options require a ton of redtape and hold an element of risk to their visa status.
  - miloshh 18y ago
    Yes, that is true, in the early stage (before the start-up looks like a respectable company from the outside), it's more complicated. Ideally, you would use a different kind of visa, e.g. F-1 OPT if you have a degree from a US school, or TN if you're Canadian/Mexican. But I agree, the system is screwed up, and making it much harder for non-American founders than it should be. Let's hope Obama administration improves something...
mavelikara 18y ago
> Startups can't afford to sponsor H1-B and H1-B's cannot start their own companies. If a person on H-1B is planning to get a greencard joining a startup, even if they can afford to sponsor the H-1B, looks like a bad idea. A GC takes about a decade to get; most startups never make it to that.

potatolicious 18y ago

Agreed. As a Canadian I sometimes bemoan the fact that startup culture is almost non-existent in this country, and that legally I have no realistic way of participating in an American startup, ever. But them's the cards I've been dealt I suppose. There is always the TN visa, which is quota-less and hinges only on an existing offer from a company, so I suppose I could work for a startup. The TN, though, is not on a track to a green card.

alain94040 18y ago
I completely agree with your statement and find it extremely. sad. I too immigrated to join the "startup spirit" and wished everyone in the world should be able to do their own startups. But then I actually did something about it, by starting my latest startup, which is dedicated to allowing people outside Silicon Valley have startups "just like here". Fatality and entrepreneurship are opposite feelings I guess :-) [plug to my startup not inserted]

miloshh 18y ago

Are you sure start-ups cannot afford H1-B? It might be a few thousand in lawyer fees, but that might be well worth it, especially if a few key founders need H1-B. Since more than 50% start-ups had some immigrant founders, I'm assuming that a large part of them had H1-B rather than some other visa or green card.

goodgoblin 18y ago
I guess it depends on how early stage the start up is. Once you get some funding, sure, I guess you could spend it on lawyer fees, though there are likely many other places you'd be taking it away from. Pre-funding though, or at the founder level, H1-B co-founders need a legal structure to transfer their visa to, or they can apply for a 2nd H1-B visa, but both of those options require a ton of redtape and hold an element of risk to their visa status.
- miloshh 18y ago
  Yes, that is true, in the early stage (before the start-up looks like a respectable company from the outside), it's more complicated. Ideally, you would use a different kind of visa, e.g. F-1 OPT if you have a degree from a US school, or TN if you're Canadian/Mexican. But I agree, the system is screwed up, and making it much harder for non-American founders than it should be. Let's hope Obama administration improves something...

mavelikara 18y ago

> Startups can't afford to sponsor H1-B and H1-B's cannot start their own companies. If a person on H-1B is planning to get a greencard joining a startup, even if they can afford to sponsor the H-1B, looks like a bad idea. A GC takes about a decade to get; most startups never make it to that.