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Ask HN: Can/do US startups hire non-American citizens?

12 points by ganjianwei ↗ HN
I'm an international undergrad student at an American university and I'm interested in working at a startup after I graduate. I know that companies hiring non-American citizens (American citizens including green card holders etc.) need to sponsor work visas and this can get expensive. I'm wondering to what extent startups in the US hire non-US citizens, with the cost of sponsoring the visa in mind.

12 comments

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vantran
You don't have to get an H1B visa right out of university to start working. You can use your OPT (Optional Practical Training). That will allow you to stay and work in the US for 12 months in your field of study, and it's possible to apply for a STEM extension (17 months).
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vitobcn
The OPT is actually a very good option since you can get it on your own without the support/sponsorization of a company (which is required for an H1-B visa).

All you need is a student visa and having graduated from a US institution in a program longer than 12 months. The fee is only 340$, which is around 10 times lower than an H1-B.

Once you have it, any company can hire you as they would an American citizen or green card holder. 12 months, should be long enough to prove your value to the company/startup so they apply for a green card.

Here is more information on it: http://www.uscis.gov/files/article/OPT_4Apr08.pdf

On top of all that, you're exempt from paying social security and medicare taxes (be sure to notify your employer since some of them are unaware of that fact).

ahk
You're basically SOL. Work visas nearly always only go to well established companies or body shops (who've learnt how to game the system). Plus, in this recession, it would be hard to prove there is a lack of Americans willing or able to do your job.

Even the startup visa being debated now, is only meant for "founders" and not for folks who just want to work in a startup.

If you really want to stay in the US without worrying about being kicked out of the country the moment you lose a job, you need to do the time to get a GC (either do a PhD and get the GC faster or get in the queue with the normal folks and wait 10-15 years)

alain94040
I'm not sure your advice is correct.

First of all, small companies have no more problem applying for H-1B than larger companies. Especially in the last 2 years, where the quotas were not met on day 1 of the application process.

Second, graduate students with a MS have their own special category (not subject to the H-1B cap). And they can use the OPT training program to get a job without having to go through a visa.

Bottom line: check out usvisanews.com, not hackernews, to discuss this.

ahk
Personally, I have not heard of any startup willing to spend the time or money to sponsor a H1B. Many startup jobs are advertised with a clear restriction that they are looking only for citizens/GC holders.
siong1987
A lot of YC companies do help international workers to get their H1Bs. I don't know what is the exact number.

OP: Anyway, if you are canadian, it will be easier. There is a special category for canadian who wants to work in US. H1B is tricky. And, it has a quota.

Try those startups who have secured theirs series A, it will be easier to get in.

jayliew
Alain, I'm actually very sure that small companies do have more trouble.

For one, they have to prove that they (have revenue/are profitable) for X months. If you're a budding Twitter or Facebook in the early days, your revenue is $0 and your profits are also $0 - and that's a red flag to the immigration. And there's other criterias that similar to this where it's easy if you're a big company, but virtually impossible if you're a startup.

techsupporter
"Plus, in this recession, it would be hard to prove there is a lack of Americans willing or able to do your job."

This isn't nearly the problem you suspect it to be. Just in my field (see my login name), there are many H1B holders occupying jobs that have been certified--by the employer, to the US government--as "unfillable" with a US citizen.

gamble
Even if a startup was willing to sponsor you, having your immigration status contingent on the continued existence of a company that could go bankrupt with little notice doesn't seem like a good idea.
jrockway
To work at a tech startup, why do you need to be physically located in the US? There is no particular complication for a startup to pay you as a contractor working from a foreign country, except that you are responsible for paying your government the taxes they want.
Dlev_
I'm a grad student currently working for a startup in the bay area and let me say you need to be QUITE lucky to get sponsored. Most startups don't have the time or experience to drive the h1b process and, on the other hand, somebody mentioned it is a pain to have your work stability depending on a young firm that cab easily and quickly go underwater. If the company tanks, you need to get responsored immediately or leave. I love what I'm doing, but it IS quite stressing...particularly if you have a loan to repay.