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by dotBen 3904 days ago
Technically it isn't clear what visa foreign YC founders should use to stay in the US during the 3 months.

Visa waiver[0] only allows for meetings, attending a conference, attend short-term unpaid training or negotiate a contract. Anything that really is 'working' - such as performing software engineering for a company (even your own) - is arguably outside of the visa waiver.

I'm assuming YC doesn't want founders to be outside of the law so I'm curious what their legal advisors have advised them.

[0]http://travel.state.gov/content/visas/en/visit/visa-waiver-p...

2 comments

At least from what I've heard YCs position on this has been "not our problem". Frankly that has seemingly been their position on many concerns of founders e.g. housing. YC only leaves you 6 weeks or so from acceptance to start of the program which obviously isn't enough to get a work permit.

http://benmetcalfe.com/blog/2012/02/what-visa-type-do-you-ne...

as it happens, that's my post on the subject from some time ago ;)
If challenged I would stick it under "negotiating a contract".

"Yes, I am negotiating a contract for investment. The work I am doing is part of the negotiation"

As someone who does contract work for companies in other countries, I highly recommend that you don't do that. This is specifically the kind of thing that will get you kicked out of a country. Once you are kicked out, not only are you very unlikely to every be able to get a visa for that country again (even a tourist visa), but you are unlikely to get a visa anywhere in the world. Countries share this kind of data freely.

Stick strictly to the rules (both in letter and spirit). Living abroad and working on contracts internationally is very, very nice. Being able to travel to the countries where you are doing business so that you can have meetings, meet people, actually negotiate, etc is often a prerequisite for getting the contract. Don't screw over your future self.

I wouldn't. Why would you have paperwork to be in the US for 3 months to 'negotiate a contract'.

Its a serious crime to lie or misrepresent to a Federal DHS Officer

I'm not suggesting lying, I'm suggesting using a broad definition of "negotiating"
yeah, I don't think you've had a lot of interactions with Dept Homeland Security.
Federal Judge: "Can I see which specific individual or entity has expressed intent to invest? Oh, there isn't one.. yet? Goodbye!"