immigration law
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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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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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Dear Sophie: What is required of employers laying off foreign workers?
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:
Fallout from COVID-19 is forcing our startup to downsize. What legal requirements do we need to consider if we’re laying off foreign-born employees or scaling back their hours?
— HR Manager in San Mateo
Dear HR Manager:
Thank you for your question; a lot of people are going through the same thing. Keep in mind that terminating an employee that your company sponsored for a visa or green card can have ramifications for future hiring.
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Dear Sophie: What’s the best option for international founders to expand in the US?
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 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: Is unemployment considered a public benefit?
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 have an H-4 visa and work authorization. I currently have a job that’s considered nonessential during the coronavirus emergency. If I get laid off, I would need unemployment assistance while I look for another job.
Would getting unemployment benefits hurt my or my spouse’s green card petition under the new public charge rule?
— Nonessential in NorCal
Dear Nonessential:
Thanks for your timely question. The short answer is no, getting unemployment benefits alone right now won’t jeopardize your or your spouse’s green card. This is because receiving unemployment benefits, getting tested for coronavirus and seeking emergency medical treatment (even if it’s covered by Medicaid) are all exempt from consideration as government benefits under the new public charge rule.
Immigration officials have long had the authority to deny individuals a visa or green card if they are likely to be dependent on public benefits. The new public charge rule, which went into effect on February 24, expands the factors immigration officials will consider. An additional form seeking health and financial information must now be submitted with most visa and green card applications. Immigration officials will use that information to determine whether applicants are or are likely to become dependent on government benefits.
If you have received a public benefit in the past, your application won’t necessarily be denied, but given what’s at stake, it’s important to consult an experienced immigration attorney.
Individuals who will be subjected to the increased scrutiny of the expanded public charge rule are:
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Dear Sophie: How do I get visas for my team to work from home?
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.
More posts by this contributor
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 sent my startup team home to work remotely for several weeks. We have several folks on visas and work permits — am I supposed to do anything special for them? Can I proactively get visas for future employees to primarily work from home?
— Burrowing in Burlingame
Dear Burrowing,
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