by Make immigrant entrepreneurship fun again
H1B Founders Community Podcast on latest news, trends, and stories on US immigration and immigrant founders <br/><br/><a href="https://community.h1bfounders.com?utm_medium=podcast">community.h1bfounders.com</a>
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🇺🇲
Publishing Since
9/20/2024
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January 31, 2025
<p>Last week, I hosted an in-depth discussion with <a target="_blank" href="https://serottelaw.com/team_member/raghavan-nagarajan/">Raghavan Nagarajan</a>, Partner at Serotte Law, to break down the <strong>significant changes to H-1B regulations that went into effect on January 17, 2024</strong>. These updates have major implications for immigrant founders, particularly regarding company ownership and employment relationships.</p><p>Here's a comprehensive breakdown of the key changes and what they mean for founders:</p><p> Major Changes in the New Rules</p><p>1. Removal of "Right to Control" Requirements</p><p>* The biggest change: USCIS has eliminated the requirement to demonstrate employer's right to control for H-1B founders</p><p>* You can now own 100% of your company while maintaining H-1B status</p><p>* No need for complex board structures solely to establish control</p><p>2. 18-Month Initial Approval Period</p><p>* H-1B petitions for founders with majority ownership will be approved for 18 months initially</p><p>* Can be extended for another 18 months</p><p>* After second extension, possibility of getting full 3-year approvals</p><p>3. Focus on "Bona Fide Job Offer"</p><p>* Instead of control requirements, USCIS now emphasizes having a legitimate job offer</p><p>* Must show that >50% of time will be spent on specialty occupation duties</p><p>* Remaining time can be spent on business operations/ownership duties</p><p></p><p>💡 Key Requirements for H-1B Founder Petitions</p><p>Proving a Bona Fide Job Offer</p><p>* Business plan showing clear need for the position</p><p>* Evidence of work to be performed (product roadmap, project plans, etc.)</p><p>* No specific revenue requirements, but should demonstrate viability</p><p>* Can include pitch decks, market analysis, and development timelines</p><p>Financial Requirements</p><p>* No strict minimum bank balance requirement</p><p>* Recommended: 6-18 months of salary coverage</p><p>* Various funding sources acceptable (personal funds, investment, revenue)</p><p>* Must meet prevailing wage requirements for the position</p><p>Part-Time Options</p><p>* Can maintain full-time H-1B with current employer while starting company</p><p>* Part-time H-1B (15-20 hours/week) possible for your startup</p><p>* Must still pay proportional prevailing wage for part-time work</p><p>* Keep detailed time tracking records</p><p>Practical Tips for Founders</p><p>Documentation Best Practices</p><p>* Maintain clear separation between personal and business finances</p><p>* Use time-tracking software with location data</p><p>* Keep detailed meeting minutes and corporate records</p><p>* Document all major business decisions</p><p>Salary and Compensation</p><p>* Must meet prevailing wage requirements for actual work performed</p><p>* Can receive additional compensation through profit distributions</p><p>* Be prepared to demonstrate ability to pay stated wages</p><p>* Consider part-time arrangements to reduce initial wage requirements</p><p>Job Classifications</p><p>* Choose job categories based on actual day-to-day work</p><p>* Don't fixate on CEO/CTO titles if duties align with other categories</p><p>* Understand wage levels based on job requirements, not personal qualifications</p><p>* Be realistic about minimum position requirements</p><p>Important Considerations</p><p>Timing and Political Context</p><p>* Rules effective as of January 17, 2024</p><p>* Changes would require formal process to reverse</p><p>* Future administration may interpret rules differently</p><p>* Consider maintaining traditional corporate structures as backup</p><p>Risk Management</p><p>* Document everything contemporaneously</p><p>* Consider maintaining board structure even if not strictly required</p><p>* Keep clear records of all work performed and payments made</p><p>* Ensure compliance with both immigration and corporate law</p><p>Looking Ahead & Getting Support</p><p>While these changes significantly improve the landscape for immigrant founders, navigating both immigration requirements and business building requires careful planning and support. Our growing community is here to help:</p><p>Community Resources</p><p>* WhatsApp Group: 800+ aspiring immigrant founders sharing experiences and insights</p><p>* H1B Founders Newsletter: Join 500+ subscribers receiving regular updates and analysis</p><p>* Monthly Community Calls: Deep dives into immigration strategies and founder journeys</p><p>1:1 Guidance</p><p>Having gone through this journey myself - from F1 to H1B to founding a profitable SaaS business while navigating immigration - I've opened up limited coaching hours for 2025. During these sessions, we can:</p><p>* Map out your specific founder journey</p><p>* Review business formation and growth strategies</p><p>* Navigate immigration pathways and transitions</p><p>* Build a roadmap aligned with your goals</p><p>Learn more about <a target="_blank" href="http://community.h1bfounders.com/p/coaching-with-sid">coaching sessions</a></p><p>Note: Financial assistance is available for students and those facing constraints - reach out via LinkedIn to discuss options.</p> <br/><br/>This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit <a href="https://community.h1bfounders.com?utm_medium=podcast&utm_campaign=CTA_1">community.h1bfounders.com</a>
September 23, 2024
<p>In this conversation, Sid Sarasvati shares his journey from being an international student to becoming a successful entrepreneur in the U.S. He discusses the complexities of navigating the H1B visa process, the challenges faced by founders on work visas, and the importance of understanding legal compliance when starting a business. Co-founder Ercan Özer joins to share his perspective on building a company across borders and the dynamics of their partnership. The discussion also covers various visa options, the significance of having a solid business plan, and strategies for generating revenue in a competitive market.</p><p>Check out https://renovateai.app for the home renovation AI business we bootstrapped to profitability in 1 year </p><p>Business tools: </p><p>* <a target="_blank" href="https://mercury.com/r/trial-and-error">Mercury Referral</a> (get $250) - https://mercury.com/r/trial-and-error</p><p>* <a target="_blank" href="https://gusto.com/r/sid5e6b661d">Gusto Referral</a> (get $100) - </p><p><strong>Takeaways</strong></p><p>* Sid's journey from F1 to self-sponsoring his H1B.</p><p>* The importance of sharing experiences and information among founders.</p><p>* Visa challenges can be navigated with the right knowledge.</p><p>* Founding a company while on an H1B is legal and possible.</p><p>* Co-founding with someone who can bet on themselves is crucial.</p><p>* Understanding the legal requirements for H1B sponsorship is essential.</p><p>* Distribution is a key challenge for consumer-focused businesses.</p><p>* Building a business entity is possible from anywhere in the world.</p><p>* Having a solid business plan is necessary for H1B applications.</p><p>* The connection between co-founders develops organically over time.</p><p></p><p><strong>Chapters</strong></p><p><strong>00:00 </strong>Sponsoring My Own H1B: Challenges and Misconceptions</p><p><strong>02:49 </strong>Navigating the EB2 and EB3 Backlog as an H1B Visa Holder</p><p><strong>04:46 </strong>Starting a Company on an H1B Visa: Compliance and Payroll Considerations</p><p><strong>08:56 </strong>Exploring Alternative Visa Options: The O1 Visa</p><p><strong>12:29 </strong>Recommended HR Tool for Payroll and Compliance: Gusto</p><p><strong>12:35 </strong>My Personal Journey: Filing for EB2, Starting a Company, and Obtaining a Green Card</p><p><strong>13:52 </strong>Navigating the EAD and Advanced Parole Process</p><p><strong>14:17 </strong>Qualifying Businesses for Startup Visas</p><p><strong>14:59 </strong>Requirements for Filing an H1B through a Company</p><p><strong>16:42 </strong>Challenges of Self-Sponsoring an H1B</p><p><strong>25:29 </strong>The Importance of Finding a Co-Founder</p> <br/><br/>This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit <a href="https://community.h1bfounders.com?utm_medium=podcast&utm_campaign=CTA_1">community.h1bfounders.com</a>
September 20, 2024
<p>In this conversation, Sid Sarasvati shares his extensive journey through the U.S. immigration system, detailing his experiences from being an F1 student to navigating H1B visas and ultimately achieving his green card. He discusses the challenges faced by international professionals, the importance of entrepreneurship, and the nuances of visa sponsorship. Sid also provides insights into starting a business while on a visa and answers various questions from attendees about immigration processes and strategies for success.</p><p><strong>Takeaways</strong></p><p>* Sid's journey began as an aspiring founder in the U.S.</p><p>* Navigating the immigration system requires understanding various visa types.</p><p>* Entrepreneurship can be a viable path for visa holders.</p><p>* The green card process is complex and often lengthy.</p><p>* Starting a business on an H1B is possible with the right structure.</p><p>* Having a board of directors can help meet H1B requirements.</p><p>* Salary requirements for H1B vary by location and role.</p><p>* It's essential to seek multiple opinions when choosing an immigration attorney.</p><p>* The O1 visa is an alternative for those with extraordinary abilities.</p><p>* Community support is crucial for navigating immigration challenges.</p><p><strong>Chapters</strong></p><p><strong>00:00 </strong>Navigating the U.S. Immigration Journey</p><p><strong>10:09 </strong>From Employee to Entrepreneur: Sid's Transition</p><p><strong>25:04 </strong>The H1B Visa and Starting Your Own Company</p><p><strong>43:54 </strong>Q&A: Insights and Experiences</p> <br/><br/>This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit <a href="https://community.h1bfounders.com?utm_medium=podcast&utm_campaign=CTA_1">community.h1bfounders.com</a>
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