One of the challenges we've faced at BackType on a regular basis has been US immigration. My co-founder and I are both Canadians now working in the United States, and we've hired two co-op/interns from abroad. As a startup founder, employee or intern, obtaining a visa can be especially challenging.

You should focus your efforts on one of the following visa categories:

• Founders  O-1, TN or E-2 visas
• Employees  O-1, TN or H-1B visas
• Interns  J-1 visa

Now, some background on each:

O-1 for People of Extraordinary Ability

The O-1 is a dual intent work visa that applies to “aliens who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who are coming temporarily to the U.S. to continue work in the area of extraordinary ability.” Unless you've won a Nobel Prize, you have to qualify for at least three of the O-1 criteria. I recommend applying with four supporting criteria. If you've done anything significant in academia, launched a successful product, spoken at conferences, received a lot of press, etc, then this becomes viable.

Expected completion: 1-6 month preparation, 3-4 months processing or 15 day premium processing for $1,000

Trade NAFTA Status

The Trade NAFTA (TN) non-immigrant work status is restricted to citizens of [the United States,] Canada and Mexico and to certain professions. The TN is limited to a three year period which can be renewed indefinitely, but it is not dual intent. You apply for a TN at a Port of Entry and it has relatively simple requirements:

• Proof of a job offer, commonly in the form of a letter offering employment for no more than three years
• Documentation in the occupation area (university degree, evidence of former employment, etc)

Don't let the TN's simplicity fool you. Prepare rigorously, bring a ridiculous amount of documentation and take it very seriously – the border control / immigration officer will.

Expected completion: less than 1 week

H-1B Visa

The H-1B is a dual intent work visa that allows US employers to employ foreign workers in specialty occupations for three years, extendable to six years or more. There are strict requirements regarding the employer/employee relationship, making the H-1B inappropriate when the beneficiary is a major shareholder i.e. founder. There are also requirements such as wage minimums, having a bachelor's degree or its equivalent, and there's a yearly cap, which if exceeded can turn the category into a pseudo lottery. I would only recommend the H-1B for people you hire that can transfer it to your company.

E2 Investor Visa

Sometimes entrepreneurs can pursue the E2 visa which awards individuals who make a “substantial” investment in a US business. Generally, the investment should exceed $200,000 USD, though some consulates require $500,000. The amount is evaluated based on the type of business being invested in.

J-1 for Interns & Trainees

The J-1 non-immigrant visa is for the interns and co-ops you plan to hire, though it can be used for foreign nationals who just graduated from a post-secondary academic institution. The student needs to:

• be currently enrolled and pursuing studies at a post-secondary academic institution outside the US, or
• have graduated from such an institution no more than 12 months prior to his or her start date

Expected completion: 4-8 weeks

There are alternatives, but the ones listed here are the most common. If you pursue an O-1, H-1B or E-2, I highly recommend working with an immigration lawyer; if you can't afford one, most will do an initial consultation for free that can help you figure out a plan.

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So it's Y Combinator interview time again and I've been getting a lot of requests for tips/advice (BackType was funded by YC in the summer of 2008). Firstly, congratulations! If you're reading this, you've likely been accepted to interview with Y Combinator; now your chances of getting funded are much, much higher.

In the (very short) YC interview, I recommend focusing on the following:

Get them to understand your product or idea

I don't think our idea — which differs significantly from what we're doing today — had anything to do with our acceptance. Nevertheless, it was important that we were able to come up with at least one good idea and communicate it effectively. Come prepared to repeat everything you wrote in your application, because they will not remember who you are or what your product/idea is. Finally, be stubborn about your (big) vision, but flexible with your hypotheses, ideas, etc which they will likely challenge. You should always be prepared to iterate and/or pivot, changing ideas and scrapping features and products along the way. You need to do whatever else it takes to “build something people want.”

Demo your product or prototype

Showing beats telling. You need to show that you're capable of building the product you're pitching. Mike and I came up with our idea right before the YC deadline while working on our previous start-up. We built a prototype in the week prior to the interview; I'm convinced that showing the demo and product(s) we built for our previous start-up was the main factor in our acceptance. The prototype was somewhat impressive, but more telling was our demonstration of what we spent the last year working on. If you're further into your start-up, this is when you talk about traction, revenues and all the other good stuff.

Convince them that you're entrepreneurial

If you're ready to do whatever it takes to succeed and you can communicate that effectively, you're at a huge advantage. You've proven that you can execute; now you need to convince them that you will — relentlessly. This is how you'll make a lasting impression irrespective of your idea, product, and all the other things that will change. People don't change. We had just spent the last year working on a start-up while Mike was finishing up his last year of undergrad. He had a final exam the next morning and was flying back on the evening red eye. We still fly red eyes.

You should follow me on Twitter here. Feel free to e-mail me if you have any questions.

—cg

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