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Dear Sophie: Can I still get a green card through marriage if I’m divorcing?
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 received a conditional green card after my wife and I got married in 2019. Recently, we have made the difficult decision to end our marriage. I want to continue living and working in the United States.
Is it still possible for me to complete my green card based on my marriage through the I-751 process or do I need to do something else, like ask my employer to sponsor me for a work visa?
— Better to Have Loved and Lost
Dear Better,
I’m sorry to hear your marriage didn’t work out. Rest assured, you can still proceed with getting a full-fledged green card even though you and your wife are divorcing. Listen to my recent podcast with Anita Koumriqian, my law partner, in which we discuss the removal of conditions on permanent residence for people who got two-year green cards through marriage.
As you know, since you were married for less than two years when you applied for your green card through marriage, you were issued a conditional green card that is only valid for two years rather than a 10-year green card. The purpose of the I-751 is to show that the couple entered into a genuine, good faith marriage. Usually, couples must file an I-751 petition together. However, an individual may file a petition without a spouse if any of the following apply:
- If the marriage ended through annulment or divorce.
- If the U.S. citizen spouse died.
- If the conditional resident (and/or children) was battered or subjected to extreme cruelty.
If your divorce is not yet finalized and you don’t have a family law attorney yet, I do recommend that you work with a family law attorney, who is necessary to help streamline the process. I also recommend consulting an immigration attorney as soon as possible to prepare the I-751 filing since it can get tricky for an individual in divorce proceedings. Both need to work together and in parallel to ensure that everything goes smoothly for you with U.S. Citizenship and Immigration Services.
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
When to file to remove conditions on permanent residence
The I-751 should be filed within the 90-day period before your conditional green card is set to expire. I recommend filing as soon as you can within that window. Keep in mind that, if you file your I-751 petition too early, it may be returned to you. And if you file it after your conditional green card expires, you not only face having to leave the U.S., but USCIS could also deny your petition if you fail to provide a compelling reason. If you are in this situation, definitely let your immigration attorney know.
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Dear Sophie: Tips on EB-1A and EB-2 NIW?
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’m on an H-1B living and working in the U.S. I want to apply for a green card on my own. I’m concerned about only relying on my current employer and I want to be able to easily change jobs or create a startup. I’ve been looking at the EB-1A and EB-2 NIW.
I’m not sure if I would qualify for an EB-1A, but since I was born in India, I face a much longer wait for an EB-2 NIW. Any tips on how to proceed?
— Inventive from India
Dear Inventive,
Thanks for your question. Take a listen to my podcast episode in which I discuss the latest tech immigration news and delve into the benefits and requirements of the EB-1A green card for individuals of extraordinary ability and the EB-2 NIW (National Interest Waiver) green card, which as you know are the main employment-based green cards for which individuals can self-sponsor.
I recommend you consult an experienced immigration attorney who can evaluate your abilities and accomplishments and assess your prospects for each green card. After an initial consultation with new clients, we’re able to provide a lot more detail to folks on their specific options since these are such individualized pathways.
There are some groups of people who might need every advantage. Those can include folks born in India or China, who might face long green card backlogs. Another such group includes people whose skills and accomplishments might be borderline for an EB-1A green card for extraordinary ability. In some cases — if eligible and to have every opportunity for green card security and to mitigate wait times as much as possible — our clients choose to file both the EB-1A and EB-2 NIW in parallel.
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
The EB-1A is the highest priority green card and the standard for qualifying is much higher than for the EB-2 NIW. And that means an EB-1A is typically quicker to get, which is particularly the case now: According to the August 2021 Visa Bulletin, there is no wait for an EB-1A green card regardless of country of birth, while only individuals who were born in India and have a priority date of June 1, 2011 or earlier can proceed with their EB-2 NIW petition.
Please remember that the Visa Bulletin fluctuates and changes every month. Also, the EB-1A is currently eligible for premium processing on the I-140. Although there is talk to add this option to the EB-2 NIW one day, premium processing is not available for EB-2 NIW I-140s yet.
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More companies should shift to a work-from-home model
Nearly three in 10 employees (29%) would quit their job if they were told they were no longer allowed to work remotely, according to a recent survey. In addition, a recent Harvard Business Study found that “companies that let their workers decide where and when to do their jobs — whether in another city or in the middle of the night — increase employee productivity, reduce turnover and lower organizational costs.”
Over the past 18 months, while instituting a remote work model, our turnover rate at Insightly was the lowest in company history and an internal survey found happiness levels to be twice as high from the previous year. This in the midst of a major pandemic, social movement, forest fires and a disruptive election — all happening at the same time.
As long as your employees are available when your customers are in need and goals are consistently met, 9 to 5 no longer needs to be a thing.
On a larger, global scale, employers from companies around the world are coming to the same realization: You don’t need an office to be productive and employees are happier working from home.
The next logical step is, at the same time, a majorly disruptive one and a 180-degree shift toward how companies have operated for over 100 years — the transition from in-person headquarters to a remote, work-from-anywhere model. In line with this shift, we’ve foregone our 40,000-square-foot Soma office space and employees are able to work from anywhere in the United States while keeping the same salary.
There will no doubt be challenges, and there already have been. But with these challenges also arises immense opportunity. Here are a few battle-tested tips on how to maintain productivity while delivering flexibility with this new work model:
Reallocate overhead savings
Let employees choose where they live. Allowing this option will better their lives and make for happy, engaged employees. Overhead costs, especially in large cities such as San Francisco, are the largest operating expense for most companies. Take this large sum of money and invest in employee happiness. You don’t need thousands of square feet in office space to be successful.
That massive overhead cost you just got rid of? Use this toward more meaningful employee experiences that will enhance their lives.
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Dear Sophie: Can I hire an engineer whose green card is being sponsored by another company?
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 want to extend an offer to an engineer who has been working in the U.S. on an H-1B for almost five years. Her current employer is sponsoring her for an EB-2 green card, and our startup wants to hire her as a senior engineer.
What happens to her green card process? Can we take it over?
— Recruiting in Richmond
Dear Recruiting,
Congrats on finding the right candidate for your role. Your startup’s ability to take over the EB-2 green card process for this candidate — or whether you have to start the green card process from the beginning — depends on where she is in the green card process and whether the position you are offering is similar to her current role.
Take a listen to my podcast in which my colleague, Gilberto Orozco Jr., an associate attorney at my firm, and I discuss the American Competitiveness in the 21st Century Act — or AC21 — including “green card portability.”
Enacted in 2000, AC21 gives international talent in certain situations the flexibility to change jobs during the green card process and the ability to extend an H-1B visa beyond the six-year limit to avoid having to leave the United States while waiting for a green card. I recommend discussing your situation and goals with an experienced immigration attorney to determine your options.
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
The process for EB-2 green cards
As I mentioned earlier, what happens to the green card process if your candidate changes jobs depends on where she is in the EB-2 green card process. There are two types of EB-2 green cards that have slightly different processes:
- EB-2 green card for advanced degree professionals
- EB-2 NIW (National Interest Waiver) for persons of exceptional ability
The EB-2 green card requires an employer sponsor and has a three-step process:
- Getting PERM (Program Electronic Review Management) labor certification from the U.S. Department of Labor.
- Submitting a green card petition (Form I-140) to U.S. Citizenship and Immigration Services (USCIS) for approval.
- Getting USCIS approval after filing an adjustment of status to permanent residence application (Form I-485), which can be filed along with Form I-140 depending on whether an EB-2 green card number is available based on the candidate’s country of birth, and being interviewed by a USCIS officer or obtaining a green card abroad through consular processing and the State Department.
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Avoid these common financial mistakes so your startup doesn’t die on the vine
The startup world can be a rollercoaster. While investment continues to pour in — with both founders and investors looking for the next unicorn — the reality is that 90% of startups fail, with over half of those going under in the first three years.
I’ve founded two companies that I grew and sold (Mezi and Dhingana). I encountered many of the issues that new founders face, learned on the job, and thankfully persevered. Using the knowledge that I acquired in my previous companies, I’ve founded a third — Zeni — to try and help founders make more informed, sustainable financial decisions.
For many founders, a transformative idea and initial outside investment doesn’t translate into understanding the underlying financial complexities of running a business.
Whether you’re just wrapping your seed round, or on to Series B, avoiding these common issues is the best way to ensure that you’re set on solid ground and free to focus on your vision.
Why most startups fail
Startups go under for a variety of reasons. Some fail to achieve product-market fit in a scalable way. Many others simply run out of money. While the above two reasons are often cited as the two primary reasons for startup failure, they’re also related. If you don’t solve a market problem and don’t generate customers, you’re eventually going to run out of money.
Unfortunately, many of the startups that fail shouldn’t. They’re led by bright entrepreneurs with a great idea. But for many founders, a transformative idea and initial outside investment doesn’t translate into understanding the underlying financial complexities of running a business.
When you break down the various complexities founders face in understanding business finances, there are three primary hurdles they face:
- Fragmentation of financial systems.
- Time-consuming manual tasks.
- Lack of real-time financial insights.
All of the above issues put increased workload and strain on founders, which can lead to burnout. Owners, on average, spend around 40% of their working hours on tasks like hiring, HR and payroll. While hiring is integral to a founders’ day-to-day role, other administrative tasks related to finance, HR and payroll distract founders from focusing on their overall vision and goals.
The good news is that by being aware of the above issues, you can solve them and eliminate the consequences of burnout, distraction and, ultimately, failure. Let’s talk about how.
Consolidate fragmentation
The financial decision-making and tasks of most startups start and stop with the founder. This means that bookkeeping, bill paying, invoicing, financial projections, employee payments and taxes all run into a bottleneck. Even worse, each of these functions requires another employee, vendor or third-party expert — finance firms, admins, CFOs, CPA firms — each using its own software and applications to accomplish their goals.
Each of these parties is reporting back up to the founder, who is then in charge of making sense of it all and disseminating the information to the entities that need it. This means that not only is everything slower, but often things fall through the cracks, as communication can become a serious issue.
Worse still, this creates cash flow problems, as bills go unpaid, invoices go unsent, and important financial documents are delayed. I’ve seen revenue go unreported and invoices unsent and uncollectable due to the fragmentation-bottleneck system most founders experience.
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What’s the board’s role in an early-stage startup?
What’s the board’s role in an early-stage startup?
Startup founders frequently ask me about the role of a board of directors. A board can be a crucial asset in an early-stage startup.
Here’s a framework for how it can help drive success at your company: Strategy, People, Image, Finance and Systems for compliance, or “SPIFS.”
What is a board of directors, anyway?
The board of directors helps with governance of the company. U.S. law requires that any company have one, though does not require how big it should be. By generic definition, the board of directors consists of elected individuals that represent shareholders. It is the governing body that provides company oversight and helps set business policy and strategy.
On a more practical level and in a startup environment, the board can aid in creating a successful business strategy, putting together the right management team, developing branding, building good financial habits, and avoiding legal and compliance issues. The needs and composition of the board will change depending on the startup’s stage, management and financing history (e.g., if there are preferred shareholders, investors that require a board seat and more).
Investors often ask founders about their board: It says a lot about their character, their judgment and their willingness to be challenged.
Investors often ask founders about their board for two reasons. First, it says a lot about their character, their judgment and their willingness to be challenged. The founder can typically choose who is on their board (through careful selection of investors and advisers) and negotiate a board structure they prefer.
Typically, a healthy board will have a good balance between common shareholders, preferred shareholders and independents. It also helps investors and analysts understand who will ask critical questions and give important advice to the company’s executive management, especially when the going gets tough (it inevitably does!).
What exactly can a board help you do?
After 20 years as a venture capitalist and board member, I boiled down the value of a board into five main pieces under the acronym SPIFS: Strategy, People, Image, Finance and Systems for compliance.
Image Credits: Dell Technologies Capital
Strategy
Setting business strategy is one of the main ways that the board helps founders, especially if it’s their first time running a business. It is a valuable sounding board for validating that you have taken a sober account of the market and have the right plan to develop your product and acquire customers.
The board should ask these questions when guiding founders through setting strategy:
- How do I win?
- What problem am I solving?
- Why is my product the best to solve that problem?
- How do I differentiate against my competitors?
- Do I have the right go-to-market strategy?
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You can’t afford to make poor decisions about incentive stock options
One of the big reasons you’re giving 110% of your talent and effort to your private company is because you’re hoping to eventually cash in on all those vested incentive stock options (ISOs) that have been sitting in some account, waiting for the day your company goes public.
There’s nothing wrong with that. Who doesn’t dream of reaping an options windfall and using it to retire early, buy a house, pay off their college loans, travel around the world or become a full-time philanthropist?
Unfortunately, when it comes to figuring out how to cash in their stock awards, most employees are on their own.
Their employers can’t always provide the answers they need — especially when the questions relate to personal finances. Most companies admit they need to be better at explaining how ISOs work in general, but they can’t legally work one-on-one with employees to help them exercise and sell shares the right way.
Most companies admit they need to be better at explaining how ISOs work in general, but they can’t legally work one-on-one with employees to help them exercise and sell shares the right way.
That’s why, when the time is right, many employees actively look for help from a qualified fiduciary financial adviser who can walk these could-be “options millionaires” through various cash-in scenarios.
Here’s a real-life example (using a pseudonym).
Kurt is a 50-year-old VP of product management at a healthcare startup that just went public. Over his three years with the company, Kurt had amassed 350,000 ISOs worth approximately $6 million. Unlike many options millionaires, he didn’t intend to cash in everything and retire early. He planned to stay with the firm but wanted to liquidate enough ISOs to pay for a vacation home and add greater diversification to his investment portfolio. This presented significant tax risks that Kurt wasn’t aware of.
If Kurt exercised his ISOs and sold the shares before a year had passed, his profits would be characterized as short-term capital gains, which are taxed as ordinary income.
To illustrate the potential tax implications of this action, we created a hypothetical scenario that showed if Kurt exercised all of his ISOs and sold the shares immediately, he would incur approximately $6 million in ordinary income, which would push him into the top tax bracket and put him on the hook for almost $3 million in combined federal and state taxes.
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Dear Sophie: Should we sponsor international hires for H-1B transfers and green cards?
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,
My startup is desperately recruiting, and we see a lot of engineering candidates on H-1Bs. They’re looking for H-1B transfers and green cards. What should we do?
— Baffled in the Bay Area
Dear Baffled,
Yes, you should absolutely sponsor international talent for green cards! Listen to my podcast in which I discuss how to hire international professionals who are already in the United States by transferring their H-1B visa and using green cards as a benefit to attract and retain them.
The severe shortage of tech talent currently in the U.S. is prompting professionals to negotiate better compensation packages, and companies are increasingly using green card sponsorship as a benefit to attract and retain international talent.
Green card sponsorship as a benefit
Companies need to offer green card sponsorship to remain competitive. In fact, Envoy’s 2021 Immigration Trends Report found that 74% of employers said they have sponsored an individual for permanent residence (a green card), which is the highest percentage in the six years Envoy has asked this question in its annual survey. Rather than waiting until the last possible moment to sponsor an H-1B visa holder for a green card, 58% of employers say they are starting the process with the employee’s first year at the company on an H-1B visa. Most employers — 96% — said that sourcing international talent is important to their company’s talent acquisition strategy.
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
Sponsoring international talent for a green card is a way for companies to show they invest in and prioritize their employees and are willing to make a long-term commitment to a prospective employee. Employers can further distinguish themselves by offering to cover expenses for green card applications for a spouse and children, as well as a work permit application for a spouse.
Employers should also consider paying for an employee’s marriage-based green card as a third-party payor, particularly since marriage-based green cards take about one-third of the time and one-third of the investment compared to employment-based green cards. What’s more, most marriage-based green cards are not subject to annual quotas.
H-1B transfers are most common right now
Because most U.S. embassies and consulates abroad remain closed for routine visa processing due to COVID-19, most employers are hiring international talent who are already in the United States on an H-1B sponsored by another employer. In these situations, an employer must file for an H-1B transfer for the prospective employee. Take a look at a previous Dear Sophie column for more details on the H-1B transfer process.
The questions that employers ask me most often about the H-1B transfer process include:
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Dear Sophie: Should we look to Canada to retain international talent?
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 handle people ops as a consultant at several different tech startups. Many have employees on OPT or STEM OPT who didn’t get selected in this year’s H-1B lottery.
The companies want to retain these individuals, but they’re running out of options. Some companies will try again in next year’s H-1B lottery, even though they face long odds, particularly if the H-1B lottery becomes a wage-based selection process next year.
Others are looking into O-1A visas, but find that many employees don’t yet have the experience to meet the qualifications. Should we look at Canada?
— Specialist in Silicon Valley
Dear Specialist,
That’s what we’re all about — finding creative immigration solutions to help U.S. employers attract and retain international talent and help international talent reach their dreams of living and working in the United States.
I’ve written a lot on how U.S. tech startups can keep their international team members in the United States. One strategy is to help the startup employees become qualified for O-1As. Another is to obtain unlimited H-1B visas without the lottery through nonprofit programs affiliated with universities. Sometimes candidates return to school for master’s degrees that offer a work option called CPT, or curricular practical training.
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
But sometimes, companies end up deciding to move some of their international talent to Canada to work remotely. Recently, Marc Pavlopoulos and I discussed how to help U.S. employers and international talent on my podcast. Through his two companies, Syndesus and Path to Canada, Pavlopoulos helps both U.S. tech employers and international tech talent when their employees or they themselves run out of immigration options in the United States. He most often assists U.S. tech employers when their current or prospective employees are not selected in the H-1B lottery.
Through Syndesus, a Canada-based remote employer — also known as a professional employment organization (PEO) — Pavlopoulos helps U.S. employers retain international tech workers who either no longer have visa or green card options that will enable them to remain in the United States or those who were born in India and are fed up by the decades-long wait for a U.S. green card. U.S. employers that don’t have an office in Canada can relocate these workers to Canada with the help of Syndesus, which employs these tech workers on behalf of the U.S. company, sponsoring them for a Canadian Global Talent Stream work visa.
Syndesus also helps U.S. tech startups without a presence in Canada find Canadian tech workers and employ them on the startup’s behalf. As an employer of record, Syndesus handles payroll, HR, healthcare, stock options and any issues related to Canadian employment law.
Pavlopoulos’ other company, Path to Canada, currently focuses on connecting international engineers and other tech talent working in the U.S. — including those whose OPT or STEM OPT has run out — who cannot remain in the U.S. find employment in Canada, either at a Canadian company or at the Canadian office of a U.S. company. These employees get a Global Talent Stream work visa and eventually permanent residence in Canada. Pavlopoulos intends to expand Path to Canada to help tech talent from around the world live and work in Canada.
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6 strategies for running more effective startup board meetings
For many companies in the United States, a board of directors is a fact of doing business. While sole proprietorships and LLCs are not obligated to have one, C and S corporations must. The board’s goal is to ensure the best is done for the company and its shareholders. While many entrepreneurs see board meetings as a chore, they can be a powerful tool if used well.
Communicate often
While board meetings usually happen quarterly, it’s good practice to keep the conversation going in between them. Sending a monthly email update to the board offers multiple advantages:
- Shorter updates: Business professionals’ attention spans are shrinking. Shorter content is easier to digest, and therefore more likely to be read.
- Timely feedback: A quarter can be a long time, especially for young startups or during challenging times. The monthly format allows the company to receive help or feedback from the board earlier. In business, speed of iteration is key!
- Keep them posted: Keeping directors up to date will avoid lengthy updates during board meetings, ensuring focus remains on strategic conversations.
Reach out when in need
When meeting online, founders should pause often and regularly ask if there are questions — even if moments of silence feel awkward at times — to give directors a better opportunity to speak up.
Board members can also be solicited on an ad-hoc basis — founders should keep in mind that board members are here to help the company. If you have doubts about a project decision or want a second, informed opinion, reach out to a board member. This is especially true of directors who have expertise on a specific topic. A quick five-minute call can be a game changer.
Being a founder can be a lonely experience because it can be difficult to discuss sensitive matters with the team. Board members should sign nondisclosure agreements, allowing entrepreneurs to share confidential information and get a different perspective on things.
Discuss goals for the next fundraising event
Founders should make sure to regularly discuss business goals to ensure they reach their next round of funding. Because the industry landscape or economy evolved or the competition stepped up, investors may reconsider their expectations to further fund the company.
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