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The Founders Visa Movement

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In April, Paul Graham wrote an inspired post titled The Founder Visa.  In it he proposed the idea of creating a US Visa for founders of startup companies – 10,000 / year for founders of companies that are started in the US.  There was some chatter around this at the time (I think it’s a brilliant idea) but then the discussion died down.

I sent the link to Paul’s essay to a few congressmen (congresspeople?) that I know with an offer to discuss it further and give some substantive examples.  I just got off the phone with a senior staff member of one of my congressmen who had read the essay and was interested in hearing more.

This issue has come up over and over again – in 2008 I wrote a post titled Solving the H-1B Visa Issue where I suggested that “the US should grant permanent residency to anyone who graduates from a qualified four year university with a computer science degree.” I didn’t put any energy behind this at the time (beyond a blog post) because of where we were in the election cycle.

Now I’m ready.  I was hit squarely in the face with this over the summer.  Two of the ten TechStars Boulder teams were comprised of non-US founders – two from Canada and two from the UK.  Both lived in Boulder for the summer and want to relocate here and build their businesses in the US (and – specifically – in Boulder).  Over the summer we struggled to figure out ways to get them Visas – all of the proposed approaches were expensive, risky, and tiresome.  Both companies are still trying, but each are now seriously considering returning to their home countries to build their businesses.

I cannot come up with a single reason why this makes any sense from a US perspective.  These are young, talented entrepreneurs that have come out of a three month program with amazingly interesting startups.  They are in the final process of raising their first rounds of financing. Post financing they will be creating US based high tech jobs.  If they are successful, they will create a lot of jobs.  Plus, they are young so they will do this multiple times in their lifetime.

It should be trivial for them to stay in the US.

In an effort to flesh out this thinking, a few questions came up on the call.

How Do You Determine If Someone Is a “Founder”? Two easy approaches: (1) set up a non-government board consisting of credible VCs, entrepreneurs, and lawyers to vet applicants.  (2) the founder has to own at least 10% of a company that has raised $250,000 within the same year as the application for the Visa.

How Do You Deal With Failure? The founder gets to keep the Visa.  Startups fail.  That’s part of the experience.  Some of the greatest companies were not the “first” that an entrepreneur did.  If the entrepreneur doesn’t start another company with a year, then the Visa expires.

I’m looking for more feedback on this as I work with a few people to actually create a movement around this (rather than just an idea, blog post, or essay).  So – if you have positive or negative feedback, along with suggestions about how to make this more powerful as a construct, or more palatable to people in our government who will have a negative knee jerk reaction based on “illegal immigration” or “jobs to immigrants” concerns, please weigh in.

September 10th, 2009     Categories: Startup Visa    
  • http://www.theweeklyscene.com/ Brandon

    Sometimes, I believe we throw a wide net over the issue of immigration, and especially these days immigration has a very negative connotation. If we could somehow stimulate the movement of bright minds to develop roots here with in the US and nurture those minds, we could easily become the leader in the math and sciences. People want to come the this country for reason, lets allow it easier for them to make a positive impact.

  • http://adsense-america.blogspot.com Leandro

    Very good information, thank you very much by the article and the quality of your Web site. A greeting from Chile.

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  • http://www.easthailand.com work permit

    i want to know about this to more who can get contact me by e-mail or msn or not ?

    if have pls. post e-mail on comment in this page pls.

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  • http://www.postbox2u.com กล่องไปรษณีย์

    A founders visa wouldn't only allow entrepreneurs to stay in the US, it would allow engineers in the US with "real jobs" to become entrepreneurs…

  • Kendall (@ideasurge)

    Why focus on Founders? Why not just as well let investors in who want to invest in startups, If you demonstrate you have invested OR created value of $250k or more, then you can stay. Indeed, my sense is that we have lots of founders–just not enough brave venture capitalists to help fund them.

    I also object to the concept of measuring a founder by the amount of external funding they have raised. There are plenty of great examples of companies that did not receive $250k in external founding. Perhaps the test should be that if you are a non-funded startup, then you demonstrate that you have created jobs or value worth at least $250k.

    Presumably this would help protect the small business owner that has just as good of a shot at creating and sustaining value and employment as most tech startups I have seen (most grow and then fall and expend significant resources in the process!)

    Finally, I also think that there should be a cap on the # of "founders" per company. Nore more than 3?

    In the end, computer scientists can be hired as can any other employee. I think a visa should be a gift to the person or two or three people that provides a unique value to the equation and was there are at the launch of the enterprise. Key employees can be hired from the ranks of U.S. citizens.

    Let me be clear: I am a big advocate for opening our border but if we are going to make special exceptions to the general rule then let's make sure the test and standards are tied closely to the public benefit: more jobs and more opportunity for ALL.

    • http://intensedebate.com/people/bfeld Brad Feld

      Re: focus on founders – the EB-5 visa already provides a visa option for foreign investors that want to invest in startups.  So – that already exists – we are just trying to create the inverse (e.g. a visa for foreign entrepreneurs)

      Re: amount of external funding – while I agree that this isn’t the only measure of a valid startup, we aren’t trying to solve for “all cases” – rather solve a specific case that has high potential for company and job creation.

      Re: number of founders per company – agree – the Senate (Kerry / Lugar) bill limits the number to a max of 3.

  • Dick Beebe

    I am impressed by the soundness and diversity of the comments about the policy changes needed, but all policy changes will depend for their effect on the visa processing level. The experiences of my extremely creative immigrant friends in high-tech occupations suggest that their visa frustrations spring from a lack of timely response to their visa processing, not from the decisions made on those visas. The issue is one of customer service, not policy, in which a visa (and immigrant) is lost not through decision-making but through lack of responsiveness. Secondary issues might include a lack of technology-savvy visa examiners and, perhaps more significantly, a corporate value system in the immigration service which favors minimizing immigration on homeland security issues rather than welcoming it for economic development. The need is for improved implementation as well as improved policy.

  • http://hendrop06.student.ipb.ac.id ndrew

    it seems so interesting..

  • Ganesh

    Brad, what is your best guess as to when this Act will be passed into law? By this year or maybe next?

    • http://www.feld.com Brad Feld

      I doubt it'll happen in 2010 as it's very difficult to get anything done right now AND everyone in Congress seems to be waiting for comprehensive immigration reform.

  • http://drawoahra.com ara.t.howard

    It seems shocking to me, as an insider, that such a proposal wouldn't have more emphasis on revenue generating businesses… getting a few angels to dump in 100k isn't nearly as beneficial (and by that I mean not a all) to the economy as actually earning even 75k in the first of development. I guess I'm saying that trying to correlate ability to wow and raise funds with the ability to sustain jobs seems like a dangerous idea: one more prone to creating a boom/bust technology sector than than one that would actually help level it out.

    Really – what deterrent would there be *not* to pitch the impossible when no criteria for sustainability are baked in?

    Revenue criteria must be included: they are the key to creating *sustainable* jobs vs. just creating jobs. A high valuation does != high value.

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