Founders Visa please
There has been an ongoing discourse on the need for a Founders Visa, also called Startup Visa, from luminaries of the startup world. Paul Graham began with his post back in April 2009 and more recently Eric Ries, Dave McClure, Manu Kumar et al have formed a rallying cry for it. Dave maintains an excellent resource for it at www.startupvisa.com.
For the purpose of this post, rather than talk about the bureaucracy of it all, I want to tell you about my personal experience and how my startup once again falls victim to the throes of uncertainty due to my immigration hassles.
I have had my heart set on startups ever since I can remember and wanted to be in San Francisco - the proverbial belly of the beast. So in 2003 I quit my job at India’s largest webportal at the time, packed my bags and left home to study in the only place in the Bay Area that was willing to provide me with aid- The University of San Francisco.
I graduated near the top of my class with a Masters in Information Systems and while I contemplated starting something right out of school, I was offered a job with great pay at Deloitte. I also had mounting student loans to pay off and no clue how an “alien” starts a company, I decided to join Deloitte till I got on my feet.
Startups aside, I have what I like to call an ancestral background in film - my grandfather, with what can only be called youthful callowness, sold all of his inherited agricultural land at the age of 17 and moved to the largest metropolitan area close to his village – Madras, India. He told his dad and step-mom that he wanted to do something in the “movies”, most of India wasn’t familiar with films back in the 1940’s and his parents had no idea what to make of it.
The first his parents heard about him was that six months later he had no money and was sleeping on a couch in his friends’ place. His parents took the next train to Madras to rescue their son. Upon reaching Madras they learned that all that money had been put down to purchase 18 acres of space and take on a loan to build a movie theatre on the land. My granddad was in “cash conservation” mode and didn’t mind a couch for a bed.
His first theatre now stands as a landmark in Madras(Chennai), and the neighborhood named after the theatre – “Liberty”.
The apple doesn’t fall from the tree and a few decades later his son (my Dad) noticed that the movies catered only to the well-to-do and it was yet another thing the poor longed for. He started a no-frills theater, where movies would play after they finish their initial run of 5-10 weeks, but at a deeply discounted price, bringing joy to millions, who back then couldn’t afford luxuries like TVs and VCRs.
This might be just pure hereditary kicking in, but I have always anazlysed the problems of the film industry and more importantly, the hurdles of independent film making is usually on my mind. So it wasn’t surprising when a few buddies of mine in New York and I launched into a discussion about this late one night in 2007. The solution to the problem seemed to be within grasp with all the recent advances in technology. We were far too drunk to come up with any sane solution to a century long problem, but there we had the seed.
I latched on to the glimmer of an idea planted in my head from that one drunken night with hopes of trying to bridge the road for independent filmmakers. Over the next year, I spoke to hordes of filmmakers, I saved up every penny I could and worked on building the basic version of the website. However, with all the immigration bits and bobs unsorted, I had this nagging feeling that this would be yet another aspiration that leaves with no trace.
That didn’t deter me anyway, and with the all that I have saved up, I approached the star student at USF, pitched my idea and my business plan and had her on board to work with the still fledgling startup, which now had a name to it and a URL Indee.tv. With my days spent at Deloitte, I would spend my nights churning till dawn on Indee, my weekends on Indee, my breaks and slow periods at work on Indee. Sleep was optional, as were meals, and a social life was a gross extravagance.
That is about when I realized there is such a thing as cumulative fatigue, and I was experiencing it. I was falling asleep during the day and under performing at Deloitte. There had to be a way to work on Indee.tv full-time. After gathering a bunch of information off my computer screen I made an appointment with an immigration lawyer. This immigration lawyer started our conversation with “It’s not possible, I wouldn’t advise you try it”, but over the next 45 minutes with support from all the material I’d documented and printed out we saw that we might actually be able to pull it off! Of course, there were more hurdles to jump than a kangaroo on crack, but that is a story for a whole other post.
I eventually did have everything setup and convinced some seed investors to back my especially risky undertaking and in October of 2008 I applied to have my H1B visa transferred from Deloitte to Indee.tv. I had about a week of waiting and then it came through! I was legally allowed to start my company and work in it as well.
Over the next 11 months we developed a much nicer product, launched our Beta website in February of 2009. Every month, with the most popular films from Indee, we began public screenings in bars and restaurants around San Francisco. Natalie Portman’s company, MakingOf, partnered with us to do these. We developed a Curation Application that saves film festivals between $45,000 - $100,000, with which we signed on customers and began generating actual revenue and a whole lot of milestones we’re really proud of. As of September 2009 we are a team of four, with U.S. citizens and Permanent Residents a part of that team. Indee was generating jobs for Americans in this economy.
Just as everything seemed to be going so well, I came up to Vancouver on September 24th to renew my H1b visa and it turns out the approval I got last year is not worth it’s weight in paper. Upon appearing for my interview, my previous approval notice was held by the consulate till I furnished a ton of extra documentation from our tax filings last year, to a full report of all employees, all of my bank statements right down to the photographs of our work area (as alien founders we cannot have startups in garages and our apartments, it has to be in real offices).
I worked through the rest of Thursday and all through the night gathering all this evidence (As for the photographs, I swear the DustOff can was for equipment cleaning purposes only). So after working through the night to get the evidence to the officers the very next day by 11:30 am, I was told that my application would take a week to be reviewed.
Now leaving aside the exorbitant costs of living in a city like Vancouver for a week, I don’t have to talk about what an entire week means in startup terms. This particular week in question, since we’re in fundraising mode, I have had to cancel a meeting with Comcast Capital and cannot present at the Plug and Play Expo on Thursday Oct 1st - they were nice enough and believed in our product to pretty much waive the $1500 participation fee, only to realize I can’t make it. If anyone wants to present on my behalf for Indee, I will coach you and I will be most obliged.
So here I am in Vancouver, it’s late at night and I’m of course alone in the room, frustrated at the prospect that the dream of saving the independent film industry from San Francisco might not be my dream after all. May be it is just to be relegated to a dull and thoughtless job that adds incremental value and not really dream the big dream, I guess I’ll know in about a week or two. In the mean time, I can already feel all of the company’s productivity drop as uncertainty kicks in. I’m spending as much time researching immigration law as I am researching potential investors.
Let me be clear that they will not kill this dream, as a valley entrepreneur if there’s anything I’ve learned in the last 7 months, it is tenacity and determination. If the Department of Homeland Security feels I’m a threat to the U.S. economics, I will have to solve filmmakers’ troubles from half way across the world if needed. My team and I will do the best we can to save the independent filmmaker given the cards we have been dealt.
My reason for ranting in this post is to highlight the hurdles set up by the U.S. legislation in ensuring I cannot be on U.S. soil if I want to solve a problem on any large scale while hiring U.S. employees. I love the American worker and would only be glad to have my company to offer more jobs, why make it harder than it already is for a startup?
Not to sound preachy, but please help future generations of entrepreneurs with the Founders Visa.
Oh, and wish me luck.
29/09/2009 at 11:57 am Permalink
Hmmm.. not sure if I can help you present but this visa stuff is vexing on many fronts. If we can help you in Boise, let me know. (I’m already giving a talk in NC on the 1st so I’d be useless for that but let’s hope you don’t need another stand-in!)
We’re starting to rock an indie scene here AND Idaho is almost ready to launch an EB-5 regional center, so if you’d like to present here, you’d be welcomed with open arms!
p.s. Love indee.tv! (being a fan of funnyordie.com, how could I not be?
Norris (norris.krueger#gmail.com)
Eagle Star Tech Corridor
Idaho Media Professionals
General Troublemaker
29/09/2009 at 12:42 pm Permalink
Thanks for the support Norris, will keep you posted.
29/09/2009 at 1:16 pm Permalink
Sharan:
If you need a place to hang out in Vancouver during the day, you’re welcome to drop by our office. You’ll have an internet connection and all of the coffee you need plus great views of Vancouver.
Good luck and I hope this problem passes quickly.
Cheers,
Emir Aboulhosn
Roam Mobility
29/09/2009 at 1:54 pm Permalink
Sharan!! hope things get better fast!
29/09/2009 at 2:27 pm Permalink
Godspeed Sharan!
29/09/2009 at 2:42 pm Permalink
Sharan,
It is likely that you are “more American” through your efforts and actions than the bureaucrats who detain you in the name of the United States. There’s true irony.
America is an idea, not a place. Too many who live inside the borders on the map disagree and they send congressman to DC who vote this junk in.
I hope you are allowed to return soon and begin generating more jobs, tax revenue, cool ideas and general goodness for those in whose name you are obstructed.
Johnny
29/09/2009 at 2:47 pm Permalink
Try anything & everything to get ur H1-B renewed. If all fails, do not lose hope; I have seen some friends work from India for 2 months or so till things became green and they r back up in Silicon Valley now….
Gather support from all angles: investor, clients, team, lawyer, univ, previous employer, etc….Fight it out man!
More power to the Startup Founders Visa lobby!
29/09/2009 at 3:56 pm Permalink
@Emir: I really appreciate the offer, I might take you up on it. Thanks!
@Lotika & @Anand: Thanks guys!
@Johnny Thanks for the kind words.
@Upasana Thank you for the uplifiting note, I will do all I can.
29/09/2009 at 4:04 pm Permalink
Great post, sorry to hear about your troubles with getting the visa, it’s crazy how red tape gets in the way of honest & hardworking people
29/09/2009 at 4:10 pm Permalink
For anything in the bay area that you may need help with - do not hesitate to ping me. We may not know each other personally (just yet), but trust me when I say - I feel your pain and can totally relate with what you are having to go through. Its a hell while you are there BUT this too shall pass. How do I know? I lived through it and am here to tell the story…
Good Luck! God Speed!
29/09/2009 at 5:29 pm Permalink
Sharan,
Dude that sucks big time, however this is simply a roadblock and you will get to your path should you want it bad enough. Check your indee email (contact).
Best,
Jaret
29/09/2009 at 5:42 pm Permalink
Sharan,
Also in the event you do not get my note to your email.
@jaretmanuel
or linkedin.com/in/jaretmanuel
I am serious about my note as well.
Best,
Jaret
29/09/2009 at 5:51 pm Permalink
If there’s anyway I could help, let me know
my immigration issues are another story altogether 
Good luck, Sharan! Hope everything is okay.
29/09/2009 at 6:11 pm Permalink
I am pretty sure you will definitely be back in US next week!! Your story is pretty inspiring too
Good Luck Sharan!!
29/09/2009 at 6:46 pm Permalink
I feel your pain Sharan.
I would say that you are lucky you were able to start your company and transfer your H1-B to it. I am pretty sure that’s a violation of the visa itself, but I wish you all the best.
Obama should be tackling immigration reform, once he gets health care passed. Maybe then, the startup visa will have a chance.
29/09/2009 at 7:50 pm Permalink
Hope all turns out well!
29/09/2009 at 9:05 pm Permalink
Is there a specific reason why your business needs to be in the United States? Have you looked at Canada as an appropriate venue? What about the U.K.? If you need to travel to the U.S. on business, you certainly could do so…why the need to do business in the U.S.? The only reason you give is that (California) is the heart of the film-making beast. Vancouver isn’t exactly small potatoes.
30/09/2009 at 7:01 am Permalink
Hey Sharan,
Sounds like you are in a tough bind and I am sorry to hear. Like the rest of the gang, I wish you luck and I am sure you will work things out. My firm has a program sponsored by the NY state, USCIS and NY city which helps foreign investors in getting a green card and eventually (usually within 5 years), you can apply for a citizenship. contact me if you are interested.
Cheers,
Phillip
phillip.lam@lionspd.com
30/09/2009 at 7:30 am Permalink
19 comments- quite the cause celebre, eh? (It’s all Brad Feld’s fault…)
Mr. Lam — is that an EB-5 program? If so, it’s a pretty good program (ironically, it was invented in Canada & Vancouver was its #1 beneficiary, LOL) It’s geared toward investors but if you have a *regional* center then there’s a ton more flexibility. The hurdles are also lower if you’re “rural” (Idaho’s new EB-5 center is thus HQ’d just outside of Boise, LOL)
We’d see you more as an investee than investor (unless you have $500K just laying around, LOL). But as Phillip said, an investor can get a green card (family too) almost immediately & citizenship in 5 years.
Also, in other EB-5 centers, you tend to see clusters of people all going in as investors.. not just friends & family all as separate investors but, more important, bringing in firms in same clusters. We are getting a lot of traction here on animation and media, not so much in, say, nano -so we’d look to invest in digital media much more than nano — and recruit investors with the same interest.
(Somehow, Phillip, I don’t think we’d want to compete with NYC on financial software! LOL)
p.s. one of our Senators has proposed that earning a PhD in science/tech/math would merit an automatic invite for a visa (HB1 or even green card)
Keep plugging!
Norris
30/09/2009 at 9:07 am Permalink
All the best Sharan. As some one struck in GC process, it is heartening to see your struggling story. Immigration reform or not, it would be great if you get through the H1B issue ASAP.
For those who are advising why cant Sharan work remotely - just remember - he is not part of a MNC which has global offices and infrastructure. He needs to be connected with his developers, business partners and importantly investors. And he cannot plan for ‘that last minute planned lunch meeting’ working from Canada or UK.
Not soliciting - you may want to check ww.vivu.tv (my cousin’s startup) for your group communication/ colloboratio. I can help you get it setup, if you want. All the best.
30/09/2009 at 12:54 pm Permalink
that sucks, bigtime. If you want I’d be glad to throw you a paypal donation/rally some support up or something to help you for the interim or additionally if you need us reps, I’d be glad to help if there was some way I could.
Not like $5 of mine would help you greatly, but hey.
30/09/2009 at 8:42 pm Permalink
For those who are advising why cant Sharan work remotely - just remember - he is not part of a MNC which has global offices and infrastructure. He needs to be connected with his developers, business partners and importantly investors. And he cannot plan for ‘that last minute planned lunch meeting’ working from Canada or UK.
Are you saying that “developers, business partners and important investors” are only found in the U.S.; or that you can’t plan business meetings in advance? Nonsense. Vancouver isn’t on the other side of the planet, if North America is the only place to set up a business, go there. An H-1 visa really isn’t appropriate in this situation at all, so I’m not surprised to see U.S. Homeland Security (fka INS) complaining. The problem with the U.S. is that they assume everyone is an immigrant, which really doesn’t work if you’re simply coming to the country for business. Visa waiver citizens get caught by this all the time; they don’t “need” a visa but they’re not coming for tourism and so if there’s no suntan lotion in their suitcase they may get deported. The U.S. already has an investor’s visa program, but its inadequacies have already been noted. Do business somewhere else, and maybe then the Americans will get the message. If the business gets big enough, municipal and state tax incentives relating to relocation might go a long way with respect to the visa.
Abscam in the 70’s ruined this for everyone. Before that case, local congressman could and would sponsor individuals. Not any more. Thank you, FBI!
02/10/2009 at 1:39 pm Permalink
Good luck - this is a pain that is near and dear to my heart. I’ve lived this idocy several times myself. Its no comfort, I know but I have a good immigration lawyer if you need one. :-/
Good luck. This system is so broken I wish more Americans understood the realities.
21/10/2009 at 2:08 pm Permalink
Hey Sharan,
Nice post. Thanks for supporting the Startup Visa.
We did up a Lord of the Rings spoof to help raise awareness. Check it out - looks like you’re one of us hobbits in America
http://twurl.nl/57i3i8