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Comment on Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

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I do not think that the comments here are very good advice. I know a very good immigration attorney if you need one. Here are my two cents:

* H1B hit its cap last year, probably hit its cap next year. It's a lottery if you'll get one – I know a lot of people that did not get them – It's also very hard to get a H1B if a) you own majority of the company, or b) if you have raised less than $500k.

* I have never met anyone on the E5 visa. It's supposedly a complete nightmare, and takes forever to process.

* The E-2 visa is good but it requires you investing significant capital – six figures – in your business. If you can do this, get this visa since it is the best one.

* I know people that did not get the H1B and ended up working in USA on a J-1 visa: it's a crappy visa but might work, usually requires you to have more structure in the USA though.

My advice is to get a good lawyer and get an O-1 visa. Everyone balks at this visa but if you match these requirements you are a long way towards it:

* Have press about your startup (techcrunch etc)

* Have been accepted in an accelerator

* Have a degree

* Can get 5 or 10 reference letters from customers / advisors / investors saying how great you are.

One caveat is that again, you need six figures in the bank. Of all the visas though the O-1 is by far the nearest to an Entrepreneurs visa. I know dozens of people with them.

What are the odds of getting an O-1 ? Almost all of the entrepreneurs who get funded and get press would fit in the above criteria. Il drop you a dm.

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