Ask HN: Govt Request – Entrepreneur/Engineer Immigration Horror Stories?

[ALee]

My dear News.YC folks, I work with the White House and the U.S. Small Business Administration. As you know, a big priority of the White House in the next coming months is immigration reform. Part of that reform is an effort focused around startup visa and making sure knowledgeable workers aren't educated, financed, and then kicked out of the United States.

We're interested in hearing Entrepreneur/Engineer Immigration Horror Stories. I've heard of some from VC-backed entrepreneurs who have been detained at the border and spent the night in jail, but I'd like to hear more. If you're also willing, say what state you received your education and what state your company is based. Thanks in advance!

[mave99a]

Hi, Andrew,

Thanks for engaging in the conversation with us here!

I think my story is not a horror one, instead I am luck to be able to go through the EB-1A (Extraordinary Ability green card) path.

I started 3 companies in China, worked in Europe (Ireland) for a few year and then move to US to work for Microsoft Research. I tried several different path in order to get a visa status do my new startup, and found it's nearly impossible. It's a chicken and egg problem: you need a visa for yourself to be able to work legally for your startup, but it's nearly impossible to get yourself a working visa for a startup without enough capital, it's also nearly impossible to get funded if you don't even have a legal status to work full time for your startup... it's basically a dead loop. Our project as a moonlight side project got traction, got users, got reported in major US news (USA Today, ABC, CNN...) but sadly those only made my life tougher since I was in the risk of losing my job which keep my visa status -- which means my whole family will have to go back to the home country within a few days.

Fortunately I found EB-1A was a potential path and I went through it successfully, and I am now full time on my startup. But it's no fun at all to spend all the time in preparing immigration papers works instead of working on your startups when the momentum was there. Many of my friends find it's so entertaining to see my GC documents looks like, here is just a half part of it: http://discoverful.com/photo/30461/

My story was covered by Immigrant Exodus last year: http://immigrantexodus.com/robert-mao-discoverful/

Even though I went through this EB-1A process, I was just lucky that I did a lot of other stuff (published papers, got media reports, received awards, played critical roles etc.) which made me qualify for those EB1A criteria.

I would like to share my stories to help improve the US immigration system, to allow more entrepreneurs like myself to be able to have freedom to innovate and start new business here in US. The United States is build on entrepreneurship, let's make it better for entrepreneurs.

Robert Mao

[deepak8612]

I need to work on remembering my pw Andrew:

See this article for a piece Steve Case wrote about me: http://www.entrepreneur.com/article/224579

He also used the story as an example in a testimony at a congressional hearing: https://www.youtube.com/watch?feature=player_embedded&v=...

Quick brief on the situation: * PhD/MD till katrina hit the city and changed the course of my life. * Phd (genetics) at UNC, where I founded my first company (biotech) during my 3rd year. Saw I could have huge impact on peoples lives through these type of ventures * DC for post-doc -- started 2nd company (data analytics in heath and wellness) * Triangle Startup factory (accelerator), a little money, and some mentorship later we are where we are (4 person team, v1 web app, growing user base ~10K, revenue, building mobile apps, pilot testing biometric sensors). Predictive analytics aimed at harnessing behavioral data exhaust in a meaningful and structured manner and extracting actionable knowledge from it. Shifting the paradigm from "lets tell you what you have done" to "let us tell you what you NEED TO DO to get healthier and fitter." * Havent left the country since 2009. Started MBA early because my OPT (optional practical training) expired and I wanted to stay in the country. I can't sponsor myself for an H1. Cant really get funding while I am in school (investment risk - could potentially be overcome). Can't be out of school because of immigration rules. * Finally left so I could see family. Had to get a new visa to come back and finish school... but visa application just got flagged and is going through "administrative review". I have been stuck here now for over 3 weeks without any definite end in sight. This leaves me with running a team remotely (extremely), paying for an education that I cant take advantage of (one that I was getting in order to build a US-based business), cancelling and having to rebook travel plans (I know, not that big of a deal -- but it is a few thousand $$) and waiting.....

Happy to continue offline...

[mave99a]

Did you solve your problem? Since you have a PhD, likely you may also be able to go through EB-1A, or EB-1B. Would happy to offline with you to share my experience on EB-1A.

[dzink]

Hi Andrew, I came to the US at 19 for college with 2 suitcases and $400 in my pocket. Had been coding since 13. The year I graduated with a Computer Information Systems degree was the year H1B visas ran out on the second day after their release. No way any company could have sponsored me that year. Still, because of the 8 years of tech experience I had, I got 3 offers and one company took me on a prayer I could still work for them after a year (a number of my non-tech classmates were not so lucky, some had to leave for London). Fortunately near the end of that year the OPT visas were extended for Engineering folks to 2+ years instead of 12 months, but it happened last minute and I had almost packed my bags by then. I had to go through the whole process after college and work in corporate engineering roles for 5 years before being able to jump out and start my own business. Ironically, I would start entrepreneurial initiatives at every company and team I worked for and some we ended up launching (you can block the entrepreneur visa, but you can't block the entrepreneur spirit I guess). I am now working on a startup.

[onethatgotaway]

Limbo periods - Unclear rules. -> Personal experience: applied for EAD card to work, graduated from a top school with a masters. Death of a family member occurred right after. Could not(?) go home for fear of not getting back to country to start the job. Had (and have) huge student loans to pay off.

[hnanonym]

I am a software engineer on an H1B visa. My company was willing to put up with the fact that I could only start in October because of how the visa works. However my wife can't work on her H4 visa. The only way for her to work in the US would be to find an H1B sponsor, which is much, much harder for people who don't work in tech. This is increasingly frustrating, so we are considering moving back.

H4 visa holders should be allowed to work. You'll find plenty of horror stories on the internet.

[mwnz]

I'm in the exact same position. I'm an Engineer who received many job offers before moving to the valley on an H1B. My wife is on an H4 visa. This in effect says "you are welcome to spend money, but you can't make any!". Of course, there is the patronizing concession that she can study (she is already very qualified...).

Unfortuantely she is not a developer, so the chances of her getting granted an H1B are extremely low. Particularly because the quota is reached so early in the year. She is qualified and talented, with international experience. Language is not a deterent as we come from an English speaking Western nation.

This situation is not common around the world. This is the third country we have lived in, and the first where we have encountered problems as great as this.

We are currently considering leaving. The valley will lose another resource, and many more will follow.

[hnanonr]

My husband is here in the US on an H1B Visa as a Software Engineer at a fantastic SV company. As his wife, I was given an H4 and cannot work. My career (not in tech) has screeched to a standstill, because although there are plenty of places I could work and be a useful contributing member of society, I am unable to even get a social security number. This visa renders me a second class citizen. We are also considering moving back.

[mwnz]

H4 holders should at the very minimum be exempt from the quota. In all fairness they should be granted work authorization. It makes no sense that the partner of an H1B holder has no work authorization, while the partner of an L visa holder is free to work.

[JT123]

Hi Andrew, I dont have personal horror story to share, but I am really please to see WhiteHouse engaging in conversation with hackers/startups here!

I was lucky to get my green card soon enough, which enabled me to start my own, create new jobs and now we have some customers across the world as well (doing our little part in economy)

[usernamepc]

Ah- No horror story - but I did have to bid my time in Corporate America for 10 years waiting to get my greencard and eligible to start my own business. So now I'm in my 40s doing a startup. I feel like Ed Bundy in Modern Family having a baby in his 60s. There's pluses and minuses, but I'll get by!

[vorador]

Hi,

Not an horror story per se, but it's quite annoying.

I'm an engineering student from an european country who happens to also have a nationality on the condor SAO list.

I've been waiting for my J-1 visa for seven weeks.

[SingAlong]

Hey Andrew.

Is there a way I can start a private conversation? I see you don't have your email on your HN profile.

[nayefc]

By startup visa, do you mean E-2 or do you also want to hear about OPT, H1-B around startups?