The contents of this post have been rumbling around my head now for a few months. As many people know, I am Canadian and I’ve been in the US variously since 2000 on a TN-1 work visa to allow me to provide Management Consulting services for the clients of a Boulder film and video systems integration firm named GWH&a (if you were at the first Startup Weekend, you were in their office).
As so much of my focus is on getting Yallery.com to market, I decided to limit the most recent visa renewal to only six months. This means my current US Work Visa ends in March 2008 and short of getting a new visa qualification, I’m going home to Canada.
GWH&a has been really really good for me. The people there are awesome and we’ve done some amazing projects together. When I first came to Boulder in January 1999, I’d just finished writing a report for the Canadian Senate on media over IP networks and was scheduled to chair a panel at Spring COMDEX in Chicago on “Integrating IP, Voice, Video and Data”, but I didn’t have much else going on. Wyndham and his clients brought me opportunities I would never have had, had I remained in Canada. I will always be in a huge debt to him.
But, I am an entrepreneur. I left my last “9-5 job” in 1989 (at a Canadian bank-owned discount brokerage house … I even took the Canadian Securities Course) to work full-time at my recording studio. I’ve always had the weakness of taking the chance on where my heart takes me.
I’ve never had the “big exit” that so many entrepreneurs dream of, but I’ve done okay. I’ve experienced some failures also. For example, in 2000 I began and then ended my last company with a personally guaranteed $80,000 line of credit plus my personal credit cards — all maxed — plus interest — and eventually paid off. Before that there was a company I founded with two others where no money was made at the end but the majority of our team and efforts survived together as part of a new organization — that was all I could have asked for.
I’m also a consultant. I am great at combining things, people and ideas together based on a desired goal. I love making things work. I love the society-changing affects of experiencing media over the Internet — I’ve loved it since the MBone and the announcement to the “rem-conf” mailing list about some new beta software called “Real Audio” from a tiny company named Progressive Networks.
My last solid consulting contract (and income) ended August 2005, by my request after many extensions. I spent the subsequent six months pondering opportunities and traveling a ton to visit friends, explore and decide what to do with my life — London, Seattle, San Francisco, Sydney (2x), Singapore, Toronto, Los Angeles.
After clearing my head, in March 2006 I began fleshing out the idea that would become Yallery.com. This would be the first Internet start-up that I’d done that would be based from one of my passions. I’ve been working on Yallery.com full-time since then, with some rare 1-2 week contracts as I am needed.
Legally, I would say that Yallery.com is more of a project than a company right now. I really want to make Yallery.com a US corporation, with operations in Boulder but without some type of longer term ability for me to stay and work here in the US, I’ve been holding off on doing any type of registration.
The US visa system has an entrepreneur visa qualification called an “E-2″ for “Treaty Investors”. Essentially, the US government wants you to bring “a substantial amount of money” to the US and cause that money to be spent on creating jobs for americans and in return you are allowed to stay in the US for renewable two year periods as long as you are connected to that business. Just what “a substantial amount of money” is to the US government varies depending on which Web sites you read, but it tends to average about $100,000.00.
There is another qualification called an “EB-5″ for “Greencard Investors”, which provides a greencard to 10,000 investors every year provided they each invest $1,000,000 into a business and create ten or more full-time jobs for at least two years.
So, to stay in Boulder and make Yallery.com a US corporation, I need to show the US government that I’ve personally invested at least $100,000 into Yallery.com. To make things a little easier, the INS/ICE will consider “sweat equity” as long as it is balanced by some type of third-party valuation and/or investment.
I do think Michael and I are at a point where we could receive an impartial valuation of Yallery.com that would place a value of my contribution to be above $100,000, but without some cash on the balance sheet, I think the US would deny me an EB-2 application. Bootstrapping isn’t much of an option.
So, today is the first day of what will surely be a stressful time. Will Yallery be a US Corporation? Will it be a Canadian Corporation? Will I go back to Toronto or take a chance on Vancouver?
Only time will tell.
(and if you need some technical management help, I’d be happy to engage for 1-2 weeks at a time as your project requires — Bootstrapping is some hard stuff!)