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neipme commented on Ask HN: Build a startup in the US while on H-1B Visa?    · Posted by u/neipme
injb · 2 years ago
This is a bizzare article. The list of activities given here is not an exhaustive list of "working actively". Conspicuously missing from the list is "working". At all.

Next we have this little gem:

"First, decide whether you really want to start your business or not.

If yes, act as a passive investor or passive shareholder in your company. Here is the list of actions you can do to start a business while on your H-1B status:"

You can't start a business passively. Starting a business is an action. Investing in a business is a completely different thing.

The article then gives a list of specific things you can do. None of them involve starting a business.

All I an conclude from this is that you clearly can't start a side business while on a H1B and the author really, really doesn't want to tell you this for some reason.

neipme · 2 years ago
Thanks! Guess it's time to move back :)
neipme commented on Ask HN: Build a startup in the US while on H-1B Visa?    · Posted by u/neipme
marymkearney · 2 years ago
Hi there, immigration lawyer here. As you know, H-1B status rigidly restricts the "work" that can be performed in the United States, to tasks for the H-1B sponsoring employer, within the job duties set out in the H-1B.

Freelance "work" while in H-1B status is prohibited. This covers side gigs like driving an Uber, blogging for pay (including ad revenue and donations), playing music for tips, and yes, working on your own for-profit company, even in pre-revenue stage where you're not actually getting paid yet.

Your hack - to base the company abroad - gets points for creativity! It would still violate H-1B status, however, if the "work" you're doing for the foreign entity physically takes place in the US.

Here's a pretty accurate summary of the situation. https://www.nolo.com/legal-encyclopedia/can-i-work-remotely-...

I'm putting "work" in airquotes, because performing non-H-1B labor of any kind while in the US is the core of the H-1B violation. So, for example, owning a company in the US is permissible in H-1B status, as long as you don't work there in any capacity.

I realize this is perverse and insane. H-1B requirements are frozen in time in the pre-internet workplace of the early 90's. But here we are.

Personally I'd advise against testing the limits of the H-1B, mostly from hearing horror stories about H-1B renewals getting denied, over dumb things like occasional babysitting, or fixing your neighbors' computers for pay, or "working" at a volunteer organization.

That said, I think there's scope for plenty of activities to advance your startup, that aren't "work" in the H-1B sense. Reframe it for now as an interest, hobby, or skill, and build an online reputation as an expert in that thing. Give advice, ask for opinions, identify pain points, get known, build an audience.

Also, building and testing a prototype of your thing, in the privacy of your own home, still counts as a hobby. Sounds like you've already done this though, so maybe you're at the limit of this one already.

Hope this helps. I feel your pain. I wrote an article about this if you're interested. From 2016, still accurate. My first post on HN as I recall.

https://news.ycombinator.com/item?id=11491428

https://visabuilder.com/blog/escape-from-h1b-hell-5-things-i...

Edited to add, the article cited below from "Law Firm 4 Immigrants" is a misleading blend of accurate and inaccurate information, which is pretty dangerous IMO.

neipme · 2 years ago
Thank you! This helps. Yes, at this point, it's just a hobby project. I was exploring what are my options, which unfortunately seems like not much. I agree, the H-1B rules are so frozen in time. If anytime, the US would benefit a lot more and generate more per capita income if they allowed individuals to express their enterprise irrespective of their visa status.
neipme commented on Ask HN: Build a startup in the US while on H-1B Visa?    · Posted by u/neipme
satya71 · 2 years ago
If you’re willing to have a bigger vision, you could look into a VC like Unshackled. They have a process for you to work on a startup on H-1B while you get your O-1 or other visa figured out.
neipme · 2 years ago
Thank you! Will check them out.

u/neipme

KarmaCake day4March 5, 2023View Original