H-1B
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Dear Sophie: How can I transfer my H-1B to my startup?
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.
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 employed at a major Silicon Valley tech company in H-1B status. I want to found a startup. How can I work at the startup?
—Enterprising in Emeryville
Hiya Enterprising,
Thanks — you’re in good company; a lot of people are inspired by amazing new ideas during the pandemic. It’s a great opportunity to seek life transitions and new adventures.
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Dear Sophie: How can we sponsor H-1B transfers and extensions?
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.
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 startup. We have no experience with H-1B visas. We recently received applications for job openings from a couple of strong applicants who are on H-1B visas with other companies. What should we know about hiring an H-1B visa holder?
One of the job applicants will need to have her H-1B renewed next year. What should we know about filing for a renewal? Are H-1B transfers and renewals still possible given that H-1B visas are no longer being issued at consulates?
—Newbie in Newark
Dear Newbie,
Exciting that your company is hiring. Congrats! Yes, H-1B transfers and renewals are still possible. The only current restriction is that H-1B visas can generally not be issued to people outside the U.S. right now. They were halted through at least the end of 2020 under last month’s executive proclamation.
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Dear Sophie: Is immigration happening? Who can I hire?
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.
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:
What is going on with recent USCIS furloughs and Trump’s H-1B ban?
I handle recruitment for several tech companies. Is immigration happening? Who can I hire?
—Frustrated in Fremont
Dear Fremont:
Immigration is still possible and I will explain how below. The administration continues to miss the mark with immigration policy. Trump’s U.S. unemployment “solution” of cutting off the stream of global talent to the U.S. is short-sighted. The administration is shooting America in the foot by walling off the promise of post-COVID economic revitalization and job-creation for Americans through the talent of immigrant entrepreneurs, investors and talent.
USCIS just provided a 30-day furlough notice to more than 70% of its employees. Reporters have been reaching out to me every day requesting stories of affected immigrants and HR professionals; please sign up to share your immigration story with journalists.
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Four views: How will the work visa ban affect tech and which changes will last?
The Trump administration’s decision to extend its ban on issuing work visas to the end of this year “would be a blow to very early-stage tech companies trying to get off the ground,” Silicon Valley immigration lawyer Sophie Alcorn told TechCrunch this week.
In 2019, the federal government issued more than 188,000 H-1B visas — thousands of workers who live in the San Francisco Bay Area and other startup hubs hold H-1B and H-2B visas or J and L visas, which are explicitly prohibited under the president’s ban. Normally, the government would process tens of thousands of visa applications and renewals in October at the start of its fiscal year, but the executive order all but guarantees new visas won’t be granted until 2021.
Four TechCrunch staffers analyzed the president’s move in an attempt to see what it portends for the tech industry, the U.S. economy and our national image:
Danny Crichton: Trump’s ban is a “self-inflicted” blow to our precarious economy
America’s economic supremacy is increasingly precarious.
Outsourcing and offshoring led to a generational loss of manufacturing skills, management incompetence killed off many of the country’s leading businesses and the nation now competes directly with China and other countries in critical emerging industries like 5G, artificial intelligence and the other alphabet soup of technological acronyms.
We have one thing going for us that no other country can rival: our ability to attract top talent. No other country hosts more immigrants, nor does any other country capture the imagination of a greater portion of the world’s top minds. America — whether Silicon Valley, Wall Street, Hollywood, Harvard Square or anywhere in between — is where smart people congregate.
Or at least, it was.
The coronavirus was the first major blow, partially self-inflicted. Remote work pushed employers toward keeping workers where they are (both domestically and overseas) rather than centralizing them in a handful of corporate HQs. Meanwhile, students — the first step for many talented workers to enter the United States — are taking a pause, fearing renewed outbreaks of COVID-19 in America while much of the rest of the developed world reopens with few cases.
The second blow was entirely self-inflicted. Earlier this week, President Donald Trump announced that his administration would halt processing critical worker visas like the H-1B due to the current state of the American economy.
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Trump’s worker visa ban will hit Silicon Valley hard
Yesterday, President Donald Trump released an executive order that extended an existing ban on immigrant work visas through the end of the year. The move prohibits immigrants who are outside the United States from applying, but because new visas are generally issued in October, the impacts of the new rules will be felt well into 2021.
The proclamation specifically targets H-1B and H-2B visas, as well as J and L visas. As a result, the San Francisco Bay area, with its high concentration of STEM-based industries, could be disproportionately impacted.
To better understand the executive order’s potential impacts on the startup community — and the tech landscape in general — I interviewed TechCrunch contributor Sophie Alcorn, a Silicon Valley-based immigration lawyer.
TechCrunch: How long does the executive order prohibit issuing new work visas?
Sophie Alcorn: The new ban will last until at least December 31, 2020 and may be continued longer “as necessary.” The government plans to revisit this order within the next month. Every 60 days after that, the Departments of State, Labor and Homeland Security will be recommending modifications if necessary.
What will be some of the initial impacts of suspending new H-1B visas?
Beneficiaries of this spring’s H-1B visa lottery (for government fiscal year 2021) will not be able to apply for visas at consulates this year. Normally after the I-129 petition gets approved in the summer, applicants will go for visa interviews at consulates abroad to request H-1Bs and to enter the U.S. before the October 1 typical start date. That will probably not be possible this year.
For individuals with technical, professional and research backgrounds and companies that engage in research, a big effect is that there won’t be new J-1s issued this year either for interns, trainees, researchers and specialists who are currently abroad.
Do you have a sense of how many J-1 visa holders there are in the Bay Area?
I estimate that there are at least 15,000 J-1 visa holders in the Bay Area. In 2018, California had over 35,000 participants across over 600 sponsors according to the State Department. The purpose of the program is to promote cross-cultural exchange.
J-1s are not just au pairs, who are vital to so many families, including those with special-needs children, but many other types of workers as well. Other examples are post-doctoral researchers at universities such as Stanford and Berkeley in myriad fields. J-1 holders are also conducting advanced research at private tech companies in fields such as AI and semiconductors and genomics.
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Dear Sophie: Which visa should a startup pursue to hire someone from Mexico?
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.
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: Can I work in the US on a dependent spouse visa?
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.
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:
My spouse’s startup is transferring her to the U.S. to help set up an office there. Will I be able to go with her and work in the U.S.? How long will it take for me to get a work permit? How long will we be able to stay?
— Hopeful in Hyderabad
Dear Hopeful:
Congratulations on starting an exciting new adventure with your family. U.S. immigration law allows visa holders to bring their spouse and dependent children with them to the U.S. and you can check out this podcast on the topic. Dependent children are defined as children who are under the age of 21 and unmarried. Whether or not the spouse can get a work permit, which is called an Employment Authorization Document (EAD), depends on which dependent visa the spouse receives.
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Which immigration headlines should you care about?
Xiao Wang
Contributor
Contributor
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.
More posts by this contributor
Newsflash! President Donald Trump is planning to deport naturalized U.S. citizens, force H-1B visa holders to return to their home countries, and revoke the green cards of lawful permanent residents. He also wants to deport the Dreamers and evict millions of other immigrants from the country. Or wait — maybe he’s planning to increase visas for skilled workers, open the door to foreign-born researchers, protect DACA recipients, and — for an encore — bar himself from the United States.
Feel like you’ve got whiplash yet? Welcome to the nerve-wracking world of U.S. immigration policy — a strange place at the best of times but one made all the more confusing by the weaponization of immigration issues for political gain and the media’s continuing failure to cut through the spin.
Tech workers are better prepared than most to cope with a torrent of torrid immigration headlines, continuously amplified and distorted by Twitter rumors, Slack chatter, and credulous Facebook reposts. Still, the sheer volume of immigration news makes it hard to know what to pay attention to — and with 71 percent of Silicon Valley’s techies born outside the United States, this isn’t simply a theoretical problem. If you, your loved ones, colleagues, or staff are immigrants, then you need to learn to separate the signal from the noise.
So how can you tell the real deal from the real fake news? There’s no simple answer, but to keep you safe — and keep your heart rate in check — here are a few ground rules to help you figure out which headlines are worth taking seriously:
Whose headline is it anyway?
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10 immigration tips for love-struck tech workers
Xiao Wang & Anjana Prasad
Contributor
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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Silicon Valley is making plans to move foreign-born workers to Canada
For many U.S. startups and their foreign-born employees, a kind of back-up plan may be starting to sound like a good idea right about now. Yesterday, White House press secretary Sean Spicer confirmed that administration officials have drafted a new executive order aimed at overhauling, among other things, the H-1B work-visa program that U.S.-based tech companies have long relied on to bring… Read More
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