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November 27, 2000

American Dreams Deferred

Illustration by Janusz Kapusta

significant number of high-tech companies were founded by entrepreneurs not born in the United States. But those who come to the United States under H-1B visas have a much slimmer chance of reaching their entrepreneurial goals. While there are no laws to prevent them from starting a business, they're barred from benefiting financially from their enterprises while working for the company that sponsored them.

Shurav Sen intended to return to his native Calcutta, India, when his six-year H-1B visa expired June 30. He had come to the United States in 1991 on a full scholarship to study for a graduate degree at Marquette University in Milwaukee, then was employed as an economist at Apogee Research Inc. in Bethesda, Md.

Shurav Sen Photo of Sen by Scott Robinson But in the fall of 1999, Sen was bitten by the entrepreneurial bug and started a software development company called AdSavers, which created snappy advertising banners and animated films for Web portals, vertical market E-business communities, and businesses. But because Sen was in the United States on an H-1B visa, which ties the worker to a particular company, he wasn't permitted to draw any salary from his business efforts, even though his employer encouraged his startup company.

Ironically, Sen's early success and his ability to maintain a staff of 10 resulted in a $3.5 million investment from venture-capital firm Draper Atlantic--even though Sen was scheduled to leave the country. Days before his visa was to expire, immigration attorney Michael Maggio, armed with letters from industry experts and a U.S. senator, and a 100-page document, helped Sen obtain an O-1 visa, which is occasionally granted for outstanding achievement; it's valid for 10 years.

"I was packed and ready to fly to Canada to begin over and turn over my shares in AdSavers to a new CEO the venture firm was trying to recruit," Sen says.

Since then, Sen has changed his company's name to OnScreen Interactive Inc. Employment has increased to 12, and he's laying the groundwork to create a software development company in India. He also plans to file for his green card this fall, a process that could take up to three years. "The last few months have been emotionally grueling," Sen says. "Happily, everything worked out."