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by falsestprophet 3652 days ago
This guy is lying or has a terrible lawyer.

If was telling the truth that he has founded and exited several technology companies including one worth over a billion dollars, then there are any number of ways he could found a business in the US: E-2, EB-5, and yes the O-1A.

1 comments

This girl is not lying, and has quite a good lawyer.

Being a founding engineer doesn't mean as much as you'd think to a non-technical audience, I have zero chance at an O1.

EB-5 requires me to be putting in 1MM$ of my own money. That's significant for me and more importantly not needed for the business.

E2 is the best bet, and I discussed this at length with counsel. The non-dual intent (same as TN) nature of the status though will put me in exactly the same situation in a few years. Expecting me to invest in the country, while not allowing me to put down roots, is ridiculous and not fair to my family.

Also, I do realize that it's technically possible to apply for citizenship while on TN/E2, but that prevents international travel. I need to be in Canada regularly to care for my parents.

edit: modifying original post to weaken "no legal way" to "no acceptable legal way". Anything is possible.

EB-5 you can do for $500k plus transactional costs and probably shouldn't go into the business anyway.

E2 absolutely agree it just feels like deferring the problem to a later date. A lot of exposure for not as much in return.

I think the bottom line is you don't need to be in the US as much as you needed to before, given your track record. Here the US should need/want you more than the other way round.

L-1A is probably quite doable though and it's dual intent. You need to wait a year, but that may have passed already anyway.

To get an EB-5 for 500K$ (which is more plausible) the jobs created and place of business must be in a “targeted employment area.” (high unemployment or rural).

An L-1A is an option a year from now (I've only recently incorporated), but it's hard to build a sufficiently large company to satisfy the requirements to sponsor without putting down enough roots that it's no longer worthwhile moving.

I think you've nailed it though with:

> I think the bottom line is you don't need to be in the US as much as you needed to before, given your track record. Here the US should need/want you more than the other way round.

It's just not worth it to go through the contortions and hassle required to stay and start a company in the US. In a connected economy I can get the full value of the education & networks I've picked up in the states from any first-world country, and create value there.

From personal experience I can say there are incorrect assumptions on both the EB-5 and L-1. Happy to share my experience - let me know how to PM you.
Though this ship has sailed (and I'm actually pretty happy to have been pushed into launching globally), I'm definitely curious. My linkedin id is on my HN page.
From my understanding with EB-5 $500k is only for regional centers, other businesses require $1mm.