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Dear Sophie: How can employers hire & comply with all this new H-1B craziness?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one or two-year subscription for 50% off.


Dear Sophie:

I’ve been reading about the new H-1B rules for wage levels and defining what types of jobs qualify that came out this week. What do we as employers need to do to comply? Are any other visa types affected?

— Racking my brain in Richmond! 🤯

Dear Racking:

As you mentioned, the Department of Labor (DOL) and the Department of Homeland Security (DHS) each issued a new interim rule this week that affects the H-1B program. However, the DOL rule impacts other visas and green cards as well. These interim rules, one of which took effect immediately after being published, are an abuse of power.

The president continues to fear-monger in an attempt to generate votes through racism, protectionism and xenophobia. The fatal irony here is that companies were in fact already making “real offers” to “real employees” for jobs in the innovation economy, which are not fungible and are actually the source of new job creation for Americans. A 2019 report by the Economic Policy Institute found that for every 100 professional, scientific and technical services jobs created in the private sector in the U.S., 418 additional, indirect jobs are created as a result. Nearly 575 additional jobs are created for every 100 information jobs, and 206 additional jobs are created for every 100 healthcare and social assistance jobs.

The DOL rule, which went into effect on October 8, 2020, significantly raises the wages employers must pay to the employees they sponsor for H-1B, H-1B1 and E-3 specialty occupation visas, H-2B visas for temporary non-agricultural workers, EB-2 advanced degree green cards, EB-2 exceptional ability green cards and EB-3 skilled worker green cards.

The new DHS rule, which further restricts H-1B visas, will go into effect on December 7, 2020. DHS will not apply the new rule to any pending or previously approved petitions. That means your company should renew your employees’ H-1B visas — if eligible — before that date.

The American Immigration Lawyers Association (AILA) has formed a task force to review the rules and help with litigation. Although both the DOL and DHS rules will likely be challenged, they will likely remain in effect for some time before any litigation has an impact. They are actively seeking plaintiffs, including employees, employers and representatives of membership organizations who will be hurt by the new rules.

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Dear Sophie: Is it easier and faster to get an O-1A than an EB-1A?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie:

Is it easier and faster to get an O-1A extraordinary ability visa than an EB-1A extraordinary ability green card? What are the pros and cons of each?

—Outstanding in Oakland

Dear Outstanding:

Thanks so much for your timely questions about the extraordinary ability visa and green card. The short answer to your first question is yes, the O-1A visa is generally easier and faster to get than an EB-1A green card. In fact, I once helped a client get an O-1A approved in three days — of course, that was before the COVID-19 pandemic.

We recently launched “Extraordinary Ability Bootcamp,” a new, 15-module online course that takes a deep dive into the O-1A extraordinary ability nonimmigrant (temporary) visa, the EB-1A extraordinary ability green card, the EB-2 NIW (National Interest Waiver for exceptional ability) and what it takes to file a successful application in each category. Check my podcast where I discuss the Bootcamp in more detail. Register for the Extraordinary Ability Bootcamp and use code DEARSOPHIE for 20% off the enrollment fee.

In general, the requirements for a green card, which enable its holder to live permanently in the U.S., are more stringent than those for nonimmigrant visas, which only allow a temporary stay in the U.S. And U.S. Citizenship and Immigration Services (USCIS) typically takes longer to process green card petitions than nonimmigrant visa petitions. Moreover, the U.S. imposes numerical and per-country caps on the number of green cards issued each year, which means some green card categories for people born in some countries, such as India and China, face long waits. Only a few visas have an annual cap (like the H-1B), but the O-1A visa is not one of them.

That said, the EB-1A has one of the shortest USCIS processing times, compared to other employment-based green cards. Also, EB-1A petitions are eligible for premium processing, which requires USCIS to make a decision on a petition within 15 days (whether it is “calendar” days or “business” days is currently in flux!). The I-140 petition can be adjudicated quickly in a few weeks, but for somebody whose priority date is “current” on the Visa Bulletin, the determining factor for how long a green card takes is often the I-485 processing time in the local field office. Recently that’s been taking about 1.5-2 years for interviews in the Bay Area.

Meanwhile, nonimmigration visa petitions can face delays for a number of reasons, but a delay happens most often when USCIS responds to a petition with a Request for Evidence (RFE). An RFE is a written notice from USCIS seeking additional evidence to make a decision on a case. During the past few years, the number of RFEs issued by USCIS for both visas and green cards has increased substantially.

Last month (September 2020) USCIS extended its policy of giving petitioners an extra 60 calendar days to respond to certain USCIS notices, including RFEs, intent to deny, revoke, rescind and terminate due to the ongoing coronavirus pandemic. For any of these notices dated between March 1, 2020, and January 1, 2021, a timely response will be considered 60 days after the date listed on the notice. Whether you want to take advantage of this extra time is a conversation to have with your attorney, based on the strength of your pending petition and the urgency of getting an approval.

As you probably know, the O-1A visa is for individuals who have achieved national or international acclaim and have risen to the top of their field in the areas of science, education, business or athletics. The EB-1A enables individuals who have achieved substantial international or national success in their field due to their extraordinary talent to live permanently in the U.S.

Here’s a summary of the pros and cons of the O-1A and the EB-1A:

O-1A NONIMMIGRANT VISA

(Temporary Stay)

EB-1A GREEN CARD

(Permanent Residence)

Pros

  • Easier standard than EB-1A.
  • A change of status can be processed by USCIS in a few weeks.
  • Eligible for premium processing.
  • Unlimited extensions possible.
  • Does not require an LCA or PERM.
  • No annual cap.
Pros

  • Possible to self-petition without an employer sponsor or job offer.
  • I-140 is eligible for premium processing.
  • Green card: Allows you to permanently remain in the U.S.
  • Does not require an LCA or PERM.
  • Five years after green card can apply for citizenship.
Cons

  • Requires employer or agent sponsorship.
  • Requires job offer or itinerary of gigs.
  • Individuals cannot self-petition.
  • Might require union letter or advisory opinion.
  • Not a green card (permanent residence).
Cons

  • Multiyear process.
  • High evidentiary standard.
  • Annual numerical and per-country caps exist.
  • Backlog for people born in India and China.
  • Under a presidential proclamation issued in April, green cards not currently being issued at Consulates.

Keep in mind that like the EB-1, the EB-2 NIW (National Interest Waiver) green card does not require an employer sponsor. However, the eligibility requirements for the EB-2 NIW are less stringent than for the EB-1A. For individuals born in India and China, the downside to the EB-2 NIW green card is that they face a much longer wait compared to the EB-1A. Unlike the EB-1A, premium processing is not available for EB-2 NIW petitions.

Remember, U.S. embassies and consulates are not processing green cards so you should try to apply for a green card while you remain in legal status in the U.S. Otherwise, you may have to return to and stay in your home country for a while.

Still, getting a visa or green card abroad remains possible. I recommend working with an experienced immigration attorney to discuss which options best match your accomplishments, goals and timing. Remember, you can sign up for Bootcamp and use code DEARSOPHIE for 20% off the enrollment fee to get qualified!

All my best,

Sophie


Have a question? Ask it here. We reserve the right to edit your submission for clarity and/or space. The information provided in “Dear Sophie” is general information and not legal advice. For more information on the limitations of “Dear Sophie,” please view our full disclaimer here. You can contact Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is available on all major podcast platforms. If you’d like to be a guest, she’s accepting applications!

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Dear Sophie: Will October 2020 Visa Bulletin changes expedite my immigration case?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie:

I’ve been waiting for years for my green card. Is there any way to expedite my case? What does the October shift in Visa Bulletin priority dates mean for me?

—Waiting in Woodside

Dear Waiting:

Thanks! There are a lot of ways to speed up the immigration process. Great news — last week the State Department released the October 2020 Visa Bulletin, which significantly reduces the waiting time for many folks from around the world seeking green cards. Basically final action dates progressed for EB-1, EB-2 and EB-3 and are all current now if you can use categories besides being born in India or China! Feel free to check out my recent podcast on seven ways to expedite an immigration case and check out our upcoming free educational webinar on October 8 for the latest on H-1Bs and other immigration updates.

If you were born in India or China, dates for filing for Adjustment of Status and the National Visa Center also sped up significantly for individuals in these categories. Here’s a typical question I receive: “I’m currently in the U.S. in valid nonimmigrant status. If I was born in India or China, can I file my I-485 in October 2020?” See below to check your priority date and talk to an immigration attorney to see what you can file in October 2020!

Is my China/India priority date current in October?

Here’s an overview of how to figure out whether you can file your I-485 this month if you need to use the categories of being born in India or China:

  • Step 1. Double-check your I-140 I-797C approval notice to determine your category and priority date:
    • Sec. 203 (b)(1) → EB-1 Category
    • Sec. 203 (b)(2) → EB-2 Category
    • Sec. 203 (b)(3) → EB-3 Category
  • Step 2. Check out the October Visa Bulletin. To understand the Visa Bulletin in more detail:
    • The number of green cards the U.S. issues each year is capped based on the type of green card and the green card candidate’s country of birth
    • As my podcast on priority dates explains, it is the date your green card petition was submitted or the date your employer submitted your PERM labor certification application.
  • Step 3. Find the date in the cell at the intersection of your category and country.

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The H-1B visa ban is creating nearshore business partnership opportunities

In June, President Donald Trump signed an executive order temporarily suspending work visas for H-1B holders, which includes skilled workers like software developers.

Considering that 71% of workers in Silicon Valley and other tech hubs are international, the order poses a number of logistical and business challenges for startups.

While nearshoring was an option before the virus struck, the urgency to nearshore due to the visa ban, combined with the remote revolution taking place, has meant companies are reconsidering it as a solution. As a result, the suspension presents an opportunity for companies to bring on board software development capabilities from abroad.

Nearshoring is a way to hire teams in locations that share similar time zones and are easily accessible. Nearshoring also enables U.S. companies to utilize services from close locations, where the talent, working conditions, and salaries are more favorable. In fact, it can save businesses up to 80% on costs, while providing employees with flexibility, autonomy and better career development pathways.

Not only is nearshoring a pragmatic response to the visa ban, it has the potential to be a long-term hiring alternative for businesses. Here’s how:

Laying the groundwork for remote teams

Amid the pandemic, demand for developers has remained high, no doubt due to companies needing teams to build, maintain and optimize digital platforms as they transition to online services. The visa ban means that businesses in foreign markets can help meet such demand, particularly as tech talent from other countries comes with a fresh, different skill set that empowers companies to solve problems in new ways.

In the past, moving to the U.S. and living the American Dream oriented many foreign businesses’ professional paths. However, the trend has changed. The appeal of the United States was slipping prior to the virus — it ranked 46th out of 66 for “perceived friendliest to expats” — and post-COVID-19 may be even more detrimental.

In a more connected world, businesses and individuals can reap the benefits of U.S. opportunities — top technology stack, access to exciting companies and world-class research — without having to actually live in the country. In this respect, nearshoring means foreign teams have the best of both worlds: the comfort of home and ties to an international powerhouse.

The remote shift is demonstrating that teams can function well at a distance; some studies have even revealed that employee productivity and happiness benefit from remote work. In the global remote shift, nearshoring is being seen as an accepted and advantageous model. Companies that opt to nearshore in response to the visa ban can take advantage of the changing tides and use this time to lay the groundwork for best practices within remote teams. For instance, by devising policies for things like communication, tracking progress, vacation and development plans according to the new conditions and specific mission statements. As a result, businesses can seamlessly build professional partnerships.

Another advantage of nearshoring is that the flexible teams contribute to a ready-to-scale model for startups. By having development partners located in different countries, companies can network on a wider level and grow faster among local markets. Rather than start from scratch when expanding, nearshoring gives companies a presence — no matter how small — across regions, which can later be built upon.

Attracting fresh investment

Similar to having a readiness to scale, the H-1B visa suspension positions nearshoring as a viable way to strategically partner with foreign development studios. In contrast to offshoring, nearshored businesses are often more vested in the projects they work on because they share time zones and are thus able to work more closely and with greater agility. Within startups, such agility is essential to continuously test, iterate and pivot products or services. Outsourced teams often have defined outputs to achieve, while freelancers are split across several projects, so aren’t completely ingrained in companies’ visions.

With nearshoring, startups can target partners that have experience in a particular area of business or with a specific tech feature and accelerate their time to market. Instead of building systems from zero, they can launch into version 2.0 because the wider choice of experts means there’s a higher chance of partnering with teams who already understand how the industry functions. Nearshore partners also have vast knowledge across industrial fields at a level that is impossible for direct hires to have. Companies therefore don’t have to tackle the difficulty of curating a great team, because nearshore partners are an already solid pairing.

When it comes to funding, this synchronicity, agility and preparedness indicates that a startup has momentum. For investors, nearshoring shows that the company has on-the-ground insights about potential markets to disrupt, and that the business model can thrive using remote teams. As the world braces itself to go fully digital, startups that have already adopted remote processes that catalyze growth will no doubt catch the attention of investors.

Promoting greater diversity in teams

Latin America is a clear choice for U.S. businesses looking to nearshore. The region’s proximity, increasing internet penetration, and impressive number of highly skilled developers are all a significant draw.

It’s also worth noting that diversity plays a core role in nearshoring. Currently within tech, Hispanic workers are noticeably underrepresented, making up a mere 16.7% of jobs. Despite the physical distance, nearshoring in Latin America can bring people from different social and economic backgrounds into companies, boosting their visibility in industries as a whole, and setting a firm foundation for equality.

Studies also show that diversity influences creativity among teams, as well as increases company revenue.

Moreover, nearshoring accelerates diversity in a manner that isn’t disruptive. Foreign team members don’t have to sacrifice their home, friends and family to further their professional career. Relocating to the U.S. can be daunting for people who haven’t previously worked abroad, especially when factoring the change in living costs and new culture norms. Nearshoring means teams can work from locations they’re familiar with, so need less time to get up to speed on business processes. They additionally have the emotional support of their social circles nearby, which in the current climate is important for employees’ personal and professional wellbeing.

Leveraging the right partnership

Research is key to successfully find a nearshore company, and startups don’t always have the time and resources to conduct an in-depth analysis of locations and their ecosystems. The most practical manner to nearshore the right talent is with a nearshoring partner that is responsible for scouting, vetting and communicating with foreign developers.

To find an appropriate partner, ensure that they have previous experience in your industry and positive testimonials from startups in your location. They should also have a clear presence in the regions they operate in; try checking online for their press releases, events they sponsor and general content that validates they are active and respected.

Once you’ve found an appropriate nearshore partner, rely on them to know what teams in your preferred locations need in terms of culture. Nearshore partners will essentially be your development partner — you can leverage them to be your whole Research and Development department. They can guide you on the tech side of your business, advise you on the right team at the right time, give you direction on stack and methodology, and curate the right environment for the team to be productive. In contrast, hiring freelancers comes with risks because you won’t necessarily know the specific needs of the location they’re in. Be aware — if there’s a cultural disconnect, you risk not finding a partner, but a vendor that’s buying into a superficial version of your startup, as opposed to your real startup vision.

Once you’ve settled on a well-fitting nearshoring partner, ensure you have detailed contracts with all team members, as well as nondisclosure agreements. Nearshoring requires a level of mutual trust, however, at such an early stage of your company’s lifecycle, you need to know that your processes and data will not be revealed to competitors. Check that your nearshore partner’s financial status is secure and sufficient for a long-term model. Correspondingly, service level agreements will set the parameters for job responsibilities and deliverables. After all the formalities are covered, you can focus on curating fruitful, long-term relationships.

Acclimatizing in the new normal

The COVID-19 crisis has made recruitment a remote-dominated sphere. Traditional modes of hiring are being reassessed, and companies are realizing that teams don’t have to be in an office to be productive. In fact, not having to cover visa and administration fees for foreign employees is much more cost-effective for companies.

As time passes and businesses develop habits best-suited to remote work, nearshoring will become increasingly popular. People are prioritizing joining teams where their career development, well-being and ethics are protected, all of which nearshoring can offer with the added benefit of not completely upheaving workers’ lives.

Startups who embrace nearshoring early on could find themselves competing with top tech firms that struggle because of recruiting limitations. With the end of the pandemic unknown, and thus no hard deadline for the visa ban, tech companies have to look at alternative modes of building teams. Startups have the advantage of revising their remote product development approach without disturbing workflows too severely. They are also known for pioneering fairer and more innovative workplaces that are enticing for a broader scope of employees.

Nearshoring is mutually beneficial because developers don’t have to give up their culture for a great employment opportunity, and businesses can reap the benefits of diversification. Ultimately, the H-1B visa suspension could stimulate true globalization in tech, where companies can achieve their best performance using global resources.

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Dear Sophie: Latest immigration and H-1B updates

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie:

I work in people ops in tech. Restrictions and conditions placed on visas and green cards seem to be continuously changing.

What’s the latest for tech, such as H-1Bs and other nonimmigrant visas?

—Strong in San Francisco

Dear Strong:

And what a summer it’s been! Fortunately there’s a bunch of great news in immigration this week. I’d love to dive in to new State Department exceptions that apply for new H-1B visas at embassies and consulates around the world. This will help a lot of tech companies whose H-1B employees got stuck outside the U.S. on trips for “visa stamping” (consular interviews) earlier this year.

Before we get into that though, I wanted to share some additional and recent top immigration highlights: First, U.S. Citizenship and Immigration Services (USCIS) is restarting interviews (our team just handled several naturalization interviews remotely for clients across the country) and it looks like green cards will be scheduled again soon. Second, USCIS announced that it is canceling plans to furlough more than 13,000 employees next week, thereby averting a massive slowdown of visa and green card processing. Third, for those Dreamers out there and the tech companies who love them, USCIS is starting to accept some DACA (Deferred Action for Childhood Arrivals) renewals and work permit applications.

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President Trump signs executive order temporarily suspending work visas for H-1B holders

President Donald Trump signed an executive order temporarily halting work visas like the H-1B visa program for highly-skilled workers, cutting off a critical source of foreign labor for tech companies already complaining about tech talent shortages.

Visa-holders already in the U.S. and those applicants who have already received a visa are exempt from the ban. The restrictions are intended to last until the end of the year, which would disrupt the government’s typical process of awarding new visas at the beginning of the national fiscal calendar in October.

Officials from the Trump administration told the Wall Street Journal that the move is intended to protect American jobs, but executives in the technology industry have long warned that visa restrictions would hurt the nation’s ability to compete in industries that have both strategic and financial significance as engines of economic growth.

Tech officials have even cited immigration curbs as a factor that would force companies to relocate more of their operations overseas in an effort to hire and retain top technology talent.

“The technology industry is working overtime to keep Americans connected during a global pandemic by providing food delivery services, telehealth care, collaborative business solutions, and ways for families and friends to stay connected,” said Linda Moore, the president and chief executive of the tech industry’s lobbying group, TechNet, in a statement. “Looking forward, technology will continue to be crucial to the rebuilding of our economy. Today’s executive order only hinders the ability of businesses to make decisions on how best to deploy their existing workforce and hire new employees. This will slow innovation and undermine the work the technology industry is doing to help our country recover from unprecedented events.”

According to news reports, officials expect these new restrictions to last until the end of the year, and expand the immigration bans that the President put in place in April that blocked family members of U.S. citizens from immigrating and slashed the number of visas available to high-skilled  workers looking to immigrate to the US.

Estimates provided to the Wall Street Journal indicate that roughly 525,000 people will be unable to enter the country as a result of the expanded travel restrictions including 170,000 green card holders barred from entering the U.S. since April. The Trump administration official quoted by the Journal called the initiative an “America-first recovery” that would potentially open up 500,000 jobs for out-of-work Americans.

Technology executives are already voicing their displeasure with the reported ban. “Banning all H1B [sic] visas means CEOs like me have to open offices and hire more people in countries like Canada that allow immigration. This visa ban is morally wrong and economically stupid,” wrote Anshu Sharma, the chief executive officer of the technology startup Skyflow.

Investors are also up-in-arms about the decision’s impact on America’s ability to compete.

“Whether his administration realizes it or not, they creating a significant handicap for US innovation. Our most innovative and impactful portfolio companies and many of their employees started as H-1b holders,” wrote Stonly Baptiste, the co-founder of technology investment fund, Urban.us. “We literally couldn’t have built our portfolio in an environment without H-1B. And we’re not even an immigrant focused fund.”

Also on the chopping block are H-2B visas, which are used to let short-term seasonal workers in landscaping and non-farm jobs into the country, J-1 jobs for short-term workers like camp counselors and au pairs and L-1 visas for corporate company transfers.

“By limiting the talent pool for American companies, the US government is hindering our ability to build strong, defensible organizations,” wrote Andy Coravos, the chief executive officer of the healthcare-focused startup Elektra Labs, in a direct message. “The Trump Administration’s Executive Order to suspend foreign work visas is not only based in fear, but also perpetuates fear within our community, and is not in our society’s best interest.”

Healthcare workers, coronavirus researchers, food supply workers in food packaging are all exempt from the visa suspensions.

Technology executives aren’t the only ones coming out against the tighter immigration rules. A group of nine Republican senators including South Carolina’s powerful senior senator, Lindsey Graham, and Texas Senator John Cornyn, issued a joint letter on May 27, which pleaded with the President to reconsider the rumored immigration restrictions.

“Guest workers are needed to boost American business, not take American jobs,” they wrote.

Update June 22: Linked to the published Executive Order.

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Dear Sophie: Which visa should a startup pursue to hire someone from Mexico?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie:

I work in people ops at a biotech startup. We received an application from a very promising candidate from Mexico for a job opening we’ve had listed for quite some time. Our company has never sponsored anyone for a visa. Which type of visa should we pursue, how much will it cost, how long will it take, and what should we keep in mind while working through the process?

—Puzzled in Petaluma

Dear Puzzled,

Thank you for your question! I’m excited to hear that your startup is looking to sponsor an international professional for the first time!

Professionals who are citizens of either Mexico or Canada may be eligible for a TN (Treaty National) visa. A TN visa holder’s spouse and dependent children are eligible for a TD (Treaty Dependent) visa.

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Dear Sophie: What’s the best option for international founders to expand in the US?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one or two-year subscription for 50% off.


Dear Sophie:

I’m a startup founder in Israel looking to expand into the U.S. market. What is the best visa option for me and a key member of my executive team to come to the U.S. to establish a sales and marketing office there? I would like my spouse and children to join me if my spouse can also work in the U.S. Is that possible?

— Tenacious in Tel Aviv

Dear Tenacious:

Thanks for reaching out. Based on your situation, the E-2 visa for treaty investors and employees may offer the best option.

An underutilized option, the E-2 visa is ideal for startup founders and employees whose home country has a treaty of commerce and navigation with the U.S. Israelis became eligible for E-2 visas just last year, joining the citizens of 80 other treaty countries. For more details on E-2 visas for founders and employees, check out Episode 16 of my “Immigration Law for Tech Startups” podcast.

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Dear Sophie: Can I still get a green card given COVID-19, layoffs and recent H-1B changes?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one or two-year subscription for 50% off.


Dear Sophie:

I was recently laid off but found another position at a growing biotech company. My new employer just submitted the H-1B petition before the end of my grace period. I would like to stay permanently in the United States. How long do I have to apply for a green card?

If my employer isn’t willing to sponsor me, I heard I can self-petition for an EB-1A or EB-2 NIW green card?

—Hopeful in Hayward

Dear Hopeful:

Congrats on your new job offer and H-1B transfer. Many companies are hiring talented individuals right now. Every company has the right to their own immigration sponsorship policy, so it can be worthwhile to discuss this going into your new role to make sure that everybody’s on the same page as to how things can unfold with respect to your green card.

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Join our conference call with immigration attorney Sophie Alcorn Tuesday at 1pm PDT

She’ll answer questions submitted by Extra Crunch subscribers

Danny Crichton

7 hours

The world has been turned upside-down the past few weeks, with flight cancellations, global travel bans and a massive slowdown of worldwide commerce.
For immigrants to the United States here on work visas, these are particularly ambiguous and challenging …

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