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What everyone at a startup needs to know about immigration

Sophie Alcorn
Contributor

Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.

The immigration process in the U.S. has become a high-stakes undertaking for employers, workers, and entrepreneurs. Predictability has eroded. Processing times have soared. And any mistake or misstep now has dire consequences.

Over the past three years, immigration policies and procedures have been in a state of flux and the process has become more unforgiving for even the smallest mistakes. Putting your best foot forward is crucial. Employers and individuals need to formulate a long-term strategy and backup options to stay protected.

The increase in Requests for Evidence and the backlog for many visa and green card categories has meant longer waiting times. What’s more, the Trump administration’s recent decision to close all USCIS’s international offices—and shift that workload back to the U.S.—is expected to compound the backlogs and delays.

We are seeing these issues affect startups every day. My law firm works with hundreds of startups every year to help them and their employers figure out their immigration paperwork. The overall piece of advice we give is to decide on a specific goal based on a deep understanding of the company and the individual and by examining the options strategically.

Then, you can figure out the right approach for a visa, green card, or citizenship application. Regardless of my personal interest in the matter, now more than ever, I recommend consulting with an experienced immigration attorney who can handle the process with integrity, creativity, compassion, and rigor.

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What employers should know

The new normal for immigration means increased employee recruiting and retention costs for employers. However, hiring immigrants remains possible.

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10 immigration tips for love-struck tech workers

Xiao Wang & Anjana Prasad
Contributor

Anjana Prasad is senior advisor of immigration law and Xiao Wang is CEO at Boundless, a technology startup that has helped thousands of immigrant families apply for marriage green cards and U.S. citizenship while providing affordable access to independent immigration attorneys.

Even techies might agree that server rooms aren’t the most romantic places to fall in love — but it happens. And with foreign-born workers making up nearly three-quarters of Silicon Valley’s labor force alone, many tech-sector romances now come with a romcom-ready complication: What happens when one or both partners are immigrants?

The good news is there’s no reason to put your life on hold just because you’re on an employment-based visa. It’s perfectly possible to fall in love, get married, and — assuming you’ve picked Mr. or Mrs. Right — live happily ever after in America.

The bad news is the immigration system is growing more complicated, with longer delays and policies favoring perceived talent over family unification. If you’re planning to put a ring on it, move quickly because it’s only getting harder to secure a green card and citizenship for you and your partner.

Here are 10 less-than-romantic — but seriously important — immigration tips to consider when Cupid comes calling:

1. If you’re on OPT, get an upgrade

Many tech workers’ first U.S. job opportunity is the up-to-three-year professional training period, or Optional Practical Training (OPT), that comes with student visas.

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Startups and immigration: Myths, lies and half-truths

visa Immigrants play a significant role in job creation, entrepreneurship and the startup ecosystem in the U.S. However, the U.S. has a strict immigration policy and has yet to pass the bill for the “startup visa.” For entrepreneurs determined to stay in the U.S. to create or work at a startup, it’s important to learn about the myths, lies and half-truths about startups and… Read More

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How international startups are supporting New York City

New York City skyline Immigrants make up 13.3 percent of the population in the U.S., which is the highest percentage the country has seen in more than 100 years. Now let’s put this into perspective: Thirty-six percent of all top tech founders in the U.S. are immigrants — almost triple the percentage of immigrants in the country. Many immigrants are pushing innovation in the U.S, aiding the country… Read More

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Let’s actually make America great again

20100321ds_CARD1_398.JPG As the Internet and global commerce speed the flow of information, and as products and services for American consumers can be built in and delivered from just about any country in the world, there are fewer and fewer incentives for companies to locate their businesses here. But there is one competitive advantage we have that is driving global businesses to locate and create jobs here in… Read More

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Solving The H-1B Visa Problem

visa In this corner: A number of employers, particularly tech companies, who claim they have a large number of unfilled positions and can’t find enough skilled American workers to fill all their needs, and thus need to attract skilled foreign workers through an expanded H-1B visa program. In the opposite corner: Immigration skeptics, including probably every unemployed programmer in the… Read More

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How Legal Immigration Failed Silicon Valley

new-york-statue-of-liberty Twelve years after filing for U.S. residency, I finally took the oath of citizenship in a quaint suburban theater, having spent seven of those prime entrepreneurship years mired in the Green Card queue. This wait damages the entrepreneurship spirit and, worse, impacts career prospects, thereby crimping the economy. Our immigration system hinders entrepreneurship, innovation and productivity. Read More

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