immigration
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Space may be the endless frontier, but here on Earth, we define space in the modern sense as something enclosed. Walls, fences and barriers enclose space, define it and make it legible. In fact, the sense of limits is so strong these days with place that we often have to add qualifiers like “open space” to describe wholly natural environments like parks and forests as places without spatial limits.
While enclosures have been with us for centuries, the barriers they raise have never been so high or politically fraught. In the United States, one of the most controversial aspects of the Trump administration was over the erection of a southern border wall with Mexico. With climate change accelerating and migrants increasing all around the world though, walls are becoming a common occurrence and political tool. Just this week, Greece erected fencing along its border with Turkey in preparation for an expected deluge of Afghan refugees fleeing violence in the wake of the Taliban’s seizure of Kabul.
John Lanchester has taken these themes of barriers, fear, and politics and intensified them in his atmospheric novel appropriately titled “The Wall.”
The conceit is simple: a thinly-disguised United Kingdom, ravaged by climate change and heavy migration from outside the island, erects a universal wall across all of its shores, posting sentries every few meters or so to monitor the barriers for any potential intruders. Their sole mission: to keep them out, whoever they might be. Failure is symbolically punished with exile and banishment, with the watchers becoming the watched.

We predominantly follow a pair of sentries who, as the above rule all but implicates for the plot, will become exiled in the course of their duties. What we get then is a meditation on the meaning of home, and also the meaning of barriers and dislocation in a world that is increasingly hostile to being a refuge for much of anyone.
While the plot and characters are a bit lackluster, what is fascinating with the novel is how well it manages to create an environment and ambiance of dread, of a society at the end of its journey. People live, parties are hosted, work is done, but all these activities takes place in a world where the jet stream has presumably disappeared, plunging our hypothetical U.K. into the cold abyss. That theme of gray, morose darkness exudes throughout the book, describing everything from the construction of the wall itself to the personalities of the people that inhabit this world.
That’s the ironic tension that propels the book forward, of global warming heating us up while we simultaneously develop the distant sangfroid to fight the ravaging effects of that heat. We are human, but wooden, divorced from the connection and community we have known in order to protect what little we have left.
That social coolness also inhabits a new set of class differences, not only between native citizens and refugees, but between generations as well. The younger generation, coming to terms with what has happened to their planet, simply no longer follow the instructions of their supposedly wise elders. A mental barrier has been constructed: how can you learn lessons from the people who allowed this to happen? Yet, the boiling anger has long since cooled to an isolated frostiness — acceptance of reality forces the inter-generational conversation to just move on.
Lanchester is astute and subtle in these extensions of the premise, and they are the most enjoyable part of what is — intentionally — a colorless work. The irony again is that this is probably best read on the beach in the middle of summer, an antidote to the heat of our world. I wouldn’t recommend it for the winter months.
There has been more and more “climate fiction” published over the past few years as the issue of climate change has reached prominence in the global consciousness. Many of these are offshoots of science fiction, with long and meandering discussions of technology, policies, and markets and more depending on the work. That can provide intellectual succor in a way and for a certain type of reader.
What Lanchester does is eschew the minutia and technologies pretty much entirely and instead simply situates us in a realistic future — a space that could even be our home. The limits of our imagination are compacted and we are forced to think in tighter quarters. It’s a thought-provoking look at a world whose frontiers are coming closer and closer to all of us all the time.
The Wall by John Lanchester
W. W. Norton, 2019, 288 pages
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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 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)
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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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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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)
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:
The EB-2 green card requires an employer sponsor and has a three-step process:
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I was four years old when my dad first showed me a computer. I immediately asked him if we could take it apart to see how it worked. I was hooked.
When I learned that Windows and Mac were based in the United States, I was 10. Since then, I’ve wanted to come here to launch my own tech business.
What I didn’t realize back then was that the first half of that dream — coming to the U.S. — would provide me with essential training for realizing the second half — launching a business.
As it turns out, the behaviors, attitude and mindset required to traverse the U.S. immigration system are many of the same ones required to navigate the uncertain waters of entrepreneurship.
The behaviors, attitude and mindset required to traverse the U.S. immigration system are many of the same ones required to navigate the uncertain waters of entrepreneurship.
In 2019, I launched Preflight, which makes smart and fast no-code test automation software for web applications. One big reason the business currently exists is that, in my journey to getting asylee status in the United States, I became really good at three things: accepting uncertainty, building resilience and maintaining a positive mental attitude.
I needed them all to get Preflight off the ground.
I had my first shot at making my longtime dream a reality when I was applying to college as an undergraduate. I figured if I could go to school in the United States, I could find a way to stay and start a business.
After doing some research, though, I realized that U.S. colleges were too expensive.
But I figured getting out of Turkey, my home country, would be a start. I looked around for affordable schools and saw that France had good options. So I went to France.
Unfortunately, even after three attempts, I wasn’t able to get a student visa. So I headed back to Turkey and went to college there. After graduation, I knew I had a second shot at the U.S.: a master’s degree. I applied to computer science programs and got accepted — a huge win!
I first arrived in Georgia, where I got my TOEFL certification, then enrolled at Tennessee State University, where I got a teaching assistantship.
Keep in mind, to do all this, I had to have the right visas. I needed a student visa for my master’s degree, but if I wanted to work after graduation, I’d need a work visa.
The thing is, though, I didn’t want to work at a “job.” I wanted to start my own business, which requires a different type of visa altogether.
Oh, and there was another factor at play: I was enrolled at Tennessee State from 2014 to 2016, during the lead-up to the election of Donald Trump. So in addition to trying to figure out which visa I could reasonably get, I had to deal with the fact that the rules for visas could all change in the coming months.
These experiences are similar to what many founders deal with every day in the process of launching and running a business.
We don’t know if our products will work or if they’ll find a market. We don’t know how changing regulations might affect what we’re doing. We have no idea when something like a pandemic will pull the rug out from everything we’ve built.
But we keep going anyway. In my experience, the most successful founders are the ones who don’t wait for all the pieces to fall into place — they know that will never happen. They’re the ones who do the best they can with what they have. They trust that they’ll be able to adapt and adjust when things inevitably change.
Which brings me to my next lesson.
Hearing “no” isn’t fun, especially when that “no” is about something you’ve wanted for more than a decade.
I experienced a lot of “no”s in my immigration journey, as one visa attempt after another failed. If I’d let any one of those failures stop me, I wouldn’t be where I am today — working at my own startup in the U.S.
The lesson I learned was to hear “no” as “not yet.” It’s been invaluable to me in my journey to becoming a founder.
For example: In 2014, while I was in graduate school, I learned about Y Combinator and decided that I wanted to be a part of it. Throughout grad school, I applied and got rejected three times.
The clock was ticking on my student visa, so I decided to shift my tactics. I applied to jobs at companies that were Y Combinator graduates to see what I could learn.
In 2016, I got hired at ShipBob, a Chicago-based company that was in Y Combinator’s Summer 2014 batch. I joined the team as its first full-time developer and the first one based in the States. From there, things changed dramatically.
For starters, I learned a lot. In my time with ShipBob — just two and a half years — we grew from 10 people to more than 400. I built two apps and applied to Y Combinator twice more and got rejected both times.
But in my work growing and leading a team of developers, I saw a need for a product that didn’t yet exist: a smart, fast, no-code test automation tool.
My team was spending way too much time building tests for ShipBob’s latest updates to make sure existing functionalities worked when we deployed. But when the code changed too quickly, our tests were outdated. It was incredibly frustrating.
Then we hired two quality assurance engineers and it took them four months to get 10% automated test coverage.
These problems led me to an aha moment: I could build a company to address this. A tool that is fast in test creation and can adapt to the UI changes.
That company is Preflight, and it’s the one that finally got me admitted to Y Combinator in the Winter 2019 batch. I was ecstatic when I heard that we’d been accepted. But then I realized that I couldn’t actually work on Preflight full time with my current visa status — at least, if I wanted to one day make a salary, I couldn’t.
And that brings me to my next point.
My professional life wasn’t the only thing that changed dramatically while I was at ShipBob. My immigration status also evolved.
ShipBob applied for and got me an H-1B visa, which made me eligible to work in the U.S.
But when I got accepted to Y Combinator on my sixth application, I knew I needed an alternative: If I left ShipBob to run Preflight, I would lose my H-1B and my ability to work in the U.S.
This kind of conundrum is all too familiar to most startup founders: There’s no new opportunity without a new challenge to accompany it.
So I did what any founder would do: I focused on the positive (I’d gotten into YC!) and dedicated myself to figuring out a different way to stay in the country.
First, I tried to apply for the EB-1 visa, but the required documentation was too burdensome. I don’t think any founder could prepare for that application without several months of preparation.
Then I tried the O-1. No luck.
So I asked ShipBob if I could take an unpaid sabbatical, which would let me keep my H-1B status while I attended Y Combinator and worked on Preflight. They agreed. My brothers, who had both moved to Chicago and started working at ShipBob (you’re welcome, guys!) agreed to support me (thanks, guys!).
Finally, I had a solution that worked — but only for the time being. If Preflight was successful, I’d have to find a different way to stay in the country.
Transferring my H-1B to Preflight wouldn’t work, in part because it would require me to yield 70% to 80% ownership to my co-founder and agree that he could fire me at any time.
But there was another option I’d been reluctant to lean on: asylee status. In 2016, there was an attempted coup in Turkey (that’s the official story, anyway). I won’t get into the political details, but my family and I were supporters of the movement blamed for the attempt. As a result, we were at risk of imprisonment if we stayed in Turkey — and eligible for asylum status in the U.S.
I applied, but hoped that I’d land a work visa in the meantime, partly because asylum status can take years to get approved and partly because there was no telling whether the current administration would change the rules to make me ineligible before my status came through.
When I got accepted to Y Combinator, my asylum status was pending. When my initial sabbatical from ShipBob ran out, it was still pending. I asked for an extension and got it (thanks, ShipBob!). A few months later, I figured I could not get the visa sorted. I wanted to focus on my business and use asylum-pending status, which would give me work authorization for two years. I was therefore able to work on and take a salary from Preflight.
My asylum was granted early this year, four years after applying. Getting asylee status was a big win because it meant I could realize my dream of running a business in the U.S. So I was, in some ways, at the resolution of my immigration journey — but I was just at the beginning of my journey as a founder.
Right away, I had my first experience applying all the lessons I’d learned in the last six years: We wanted to raise our first funding round. That funding would let me start taking a salary.
All told, we approached more than 100 VCs before we got a yes. But we did get that yes, and we raised a seed round of $1.2 million in September 2019.
It was a big win for Preflight, but it didn’t have the transformational power for the company I’d hoped for. That’s because, after closing our round, we didn’t focus on sales and marketing to the extent that we should have.
After several months of frustrating results, I consulted with my advisers about how to proceed. They offered me insight that seemed obvious once I had it — but that I may not have gotten on my own — which was discussing everything that’s happening internally with the investors. And the outcome was me being the CEO.
In the month and a half after I adjusted course based on my vision, I grew Preflight’s revenue 600% in just about two months.
The whole startup ethos of disrupting what’s not working to improve people’s lives is based on the premise that the world is constantly changing. The global disruption caused by COVID-19 underscored that in a major way.
Founders who accept that change is inevitable and who embrace uncertainty, develop resilience for when things go wrong, and maintain a positive mental attitude about the ups and (especially) the downs of running a startup will be the ones who succeed for the long haul.
I’ve known since I was 10 that I wanted to run a company in the United States. Given the choice, I would have opted for a much smoother road to entrepreneurship. But what I’ve discovered is that the difficult immigration path I had to follow provided exactly the training I needed to succeed in the challenging role of a founder.
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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,
Our startup employs several individuals who are on work visas or have employment authorization. Many of them have been waiting for quite a while for the government to tell them their applications have been received.
Why? When will things be back on track? We have a few employees who are waiting for green cards, and a few F-1 visa holders who will be extending their OPT to STEM OPT.
Is there anything we can do?
— Patient in Pasadena
Dear Patient,
Thanks for your questions. Last September, an increase in applications submitted to U.S. Citizenship and Immigration Services (USCIS) amid COVID-19-related staff reductions created a substantial backlog and subsequent delay in USCIS sending out receipt notices.
My law firm partner, Anita Koumriqian, and I provided an update on receipt notices on a recent podcast. Dedicating an entire episode to receipt notices was unthinkable a year ago because applicants usually received receipt notices within one to three weeks after USCIS received their application.
For those who don’t know, USCIS sends a letter called a receipt notice to applicants when it receives an application. The receipt notice — also known as a Notice of Action or Form I-797 — contains information about:
Before the pandemic, applicants would typically be notified in less than one month after USCIS received their application. Currently, applicants are receiving their receipt notice as long as eight to nine weeks after USCIS received their application, and sometimes longer.
As I mentioned earlier, coronavirus-related staffing reductions at USCIS coupled with a substantial jump in the number of applications submitted prompted huge delays that began in September. Application submissions surged primarily due to:
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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:
A friend and I founded a tech startup last year. Like a lot of other startups, we’re looking for funding. Should we come to Silicon Valley to meet with venture capitalists?
How should we begin that process? What type of visa should we get and how easy is it to get?
—Logical in Lagos
Dear Logical:
Thanks for reaching out to me from the entrepreneurial hotspot of Lagos!
In a recent episode of my podcast, I spoke with Esther Tricoche, director of investments at Kapor Capital, who offered up many words of wisdom to founders. She also mentioned that in many emerging entrepreneurial markets, including Lagos, accelerator funding and Series A funding are relatively easy to find, but pre-seed and seed funding are not.
Getting yourselves and your startup in front of Silicon Valley investors that focus on pre-seed and seed funding will be important to rapidly scale. Esther mentioned that even in U.S. cities, such as Atlanta, that are entrepreneurial hotspots, investment dollars are not as plentiful as they are in Silicon Valley. Moreover, investors outside of Silicon Valley tend to be more risk-averse.
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
So, yes, you should meet with Silicon Valley investors, but be aware that most U.S. embassies and consulates remain closed to routine visa and green card processing due to the ongoing pandemic. Given that, you can start requesting virtual meetings now; and you will have to wait until the U.S. consulate in Lagos comes back to full capacity to apply for a visa to come to the U.S. I like checking for visa availability through the Waypoint Embassy and Consulate Directory (full disclosure: I am an advisor to Waypoint).
As always, I recommend that you consult an experienced immigration attorney when you’re ready to take the step of actually applying for a visa.
Once U.S. consular offices reopen, if you aren’t eligible for ESTA, you can apply for a B-1 visitor visa for business. With a B-1 visa, you can request an initial stay of up to six months. This is a great status for business meetings such as to talk to prospective investors, negotiate contracts and incorporate a new business. However, you can’t work in the U.S. You must be aware that no hands-on work for pay (or even the chance of future remuneration) by a U.S. entity is allowed.
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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 an entrepreneur who wants to expand my startup to the U.S. What are the benefits and drawbacks of various types of visas and green cards?
The ones I’ve heard the most about are the H-1B, O-1 and EB-1A.
— Intelligent in India
Dear Intelligent:
I’m happy to hear you’re considering the O-1A extraordinary ability visa and the EB-1A extraordinary green card! Individuals often assume they need to have won a Nobel Prize or some other major award or be well known in their field to qualify for either the O-1A or the EB-1A — and that’s simply not the case.
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
“Particularly for folks from Asia, being a self-promoter is massively looked down upon. Humility is important,” says Navroop Sahdev, a pioneering economist and blockchain expert I recently interviewed for my podcast. Sahdev is founder and CEO of The Digital Economist, a Connection Science Fellow at Massachusetts Institute of Technology and a partner at NextGen Venture Partners.
She spoke with me about her immigration journey to the United States, which included two H-1B visas, an O-1A visa and an EB-1A green card.
Here are the pros and cons of each visa and green card that you listed.
Overall, the requirements for the H-1B specialty occupation visa are not as stringent as those for the O-1A visa and the EB-1A green card, which is why many employers sponsor international students who are on an F-1 visa and recently graduated or on OPT (Optional Practical Training) or STEM OPT for an H-1B.
Because demand for the H-1B far exceeds the annual supply of 85,000, U.S. Citizenship and Immigration Services (USCIS) holds a random lottery to determine who can apply for an H-1B. (That random lottery is slated to switch to a wage-based selection process next year.)
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As the Biden administration works to bring legislation to Congress to address the endemic problem of immigration reform in America, on the other side of the nation a small California startup called SESO Labor has raised $4.5 million to ensure that farms can have access to legal migrant labor.
SESO’s founder Mike Guirguis raised the round over the summer from investors including Founders Fund and NFX. Pete Flint, a founder of Trulia, joined the company’s board. The company has 12 farms it’s working with and is negotiating contracts with another 46. The company’s other co-founder, Jordan Taylor, was the first product hire at Farmer’s Business Network and previously of Dropbox.
Working within the existing regulatory framework that has existed since 1986, SESO has created a service that streamlines and manages the process of getting H-2A visas, which allow migrant agricultural workers to reside temporarily in the U.S. with legal protections.
At this point, SESO is automating the visa process, getting the paperwork in place for workers and smoothing the application process. The company charges about $1,000 per worker, but eventually as it begins offering more services to workers themselves, Guirguis envisions several robust lines of revenue. Eventually, the company would like to offer integrated services for both farm owners and farm workers, Guirguis said.
SESO is currently expecting to bring in 1,000 workers over the course of 2021 and the company is, as of now, pre-revenue. The largest industry player handling worker visas today currently brings in 6,000 workers per year, so the competition, for SESO, is market share, Guirguis said.
The H-2A program was set up to allow agricultural employers who anticipate shortages of domestic workers to bring to the U.S. non-immigrant foreign workers to work on farms temporarily or seasonally. The workers are covered by U.S. wage laws, workers’ compensation and other standards, including access to healthcare under the Affordable Care Act.
Employers who use the visa program to hire workers are required to pay inbound and outbound transportation, provide free or rental housing and provide meals for workers (they’re allowed to deduct the costs from salaries).
H-2 visas were first created in 1952 as part of the Immigration and Nationality Act, which reinforced the national origins quota system that restricted immigration primarily to Northern Europe, but opened America’s borders to Asian immigrants for the first time since immigration laws were first codified in 1924. While immigration regulations were further opened in the sixties, the last major immigration reform package in 1986 served to restrict immigration and made it illegal for businesses to hire undocumented workers. It also created the H-2A visas as a way for farms to hire migrant workers without incurring the penalties associated with using illegal labor.
For some migrant workers, the H-2A visa represents a golden ticket, according to Guirguis, an honors graduate of Stanford who wrote his graduate thesis on labor policy.
“We are providing a staffing solution for farms and agribusiness and we want to be Gusto for agriculture and upsell farms on a comprehensive human resources solution,” says Guirguis of the company’s ultimate mission, referencing payroll provider Gusto.
As Guirguis notes, most workers in agriculture are undocumented. “These are people who have been taken advantage of [and] the H-2A is a visa to bring workers in legally. We’re able to help employers maintain workforce [and] we’re building software to help farmers maintain the farms.”
Farms need the help, if the latest numbers on labor shortages are believable, but it’s not necessarily a lack of H-2A visas that’s to blame, according to an article in Reuters.
In fact, the number of H-2A visas granted for agriculture equipment operators rose to 10,798 from October through March, according to the Reuters report. That’s up 49% from a year ago, according to data from the U.S. Department of Labor cited by Reuters.
Instead of an inability to acquire the H-2A visa, it was an inability to travel to the U.S. that’s been causing problems. Tighter border controls, the persistent global pandemic and travel restrictions that were imposed to combat it have all played a role in keeping migrant workers in their home countries.
Still, Guirguis believes that with the right tools, more farms would be willing to use the H-2A visa, cutting down on illegal immigration and boosting the available labor pool for the tough farm jobs that American workers don’t seem to want.
Photo by Brent Stirton/Getty Images.
David Misener, the owner of an Oklahoma-based harvesting company called Green Acres Enterprises, is one employer who has struggled to find suitable replacements for the migrant workers he typically hires.
“They could not fathom doing it and making it work,” Misener told Reuters, speaking about the American workers he’d tried to hire.
“With H-2A, migrant workers make 10 times more than they would get paid at home,” said Guirguis. “They’re taking home the equivalent of $40 an hour. The H-2A is coveted.”
Guirguis thinks that with the right incentives and an easier onramp for farmers to manage the application and approval process, the number of employers that use H-2A visas could grow to be 30% to 50% of the farm workforce in the country. That means growing the number of potential jobs from 300,000 to 1.5 million for migrants who would be under many of the same legal protections that citizens enjoy while they’re working on the visa.
Interest in the farm labor nexus and issues surrounding it came to the first-time founder through Guirguis’ experience helping his cousin start her own farm. Spending several weekends a month helping her grow the farm with her husband, Guirguis heard his stories about coming to the U.S. as an undocumented worker.
Employers using the program avoid the liability associated with being caught employing illegal labor, something that crackdowns under the Trump administration made more common.
Still, it’s hard to deny the program’s roots in the darker past of America’s immigration policy. And some immigration advocates argue that the H-2A system suffers from the same kinds of structural problems that plague the corollary H-1B visas for tech workers.
“The H-2A visa is a short-term temporary visa program that employers use to import workers into the agricultural fields … It’s part of a very antiquated immigration system that needs to change. The 11.5 million people who are here need to be given citizenship,” said Saket Soni, the founder of an organization called Resilience Force, which advocates for immigrant labor. “And then workers who come from other countries, if we need them, they have to be able to stay … H-2A workers don’t have a pathway to citizenship. Workers come to us afraid of blowing the whistle on labor issues. As much as the H-2A is a welcome gift for a worker it can also be abused.”
Soni said the precarity of a worker’s situation — and their dependence on a single employer for their ability to remain in the country legally — means they are less likely to speak up about problems at work, since there’s nowhere for them to go if they are fired.
“We are big proponents that if you need people’s labor you have to welcome them as human beings,” Soni said. “Where there’s a labor shortage as people come, they should be allowed to stay … H-2A is an example of an outdated immigration tool.”
Guirguis clearly disagrees and said a platform like SESO’s will ultimately create more conveniences and better services for the workers who come in on these visas.
“We’re trying to put more money in the hands of these workers at the end of the day,” he said. “We’re going to be setting up remittance and banking services. Everything we do should be mutually beneficial for the employer and the worker who is trying to get into this program and know that they’re not getting taken advantage of.”
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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:
The last 24 hours have been a nail-biter; I feel powerless and I’m angry that we’ve come to this. I’m worried things won’t improve and I’m confused about where we even stand.
Sometimes I just feel so very, very tired of the struggle. I am just so ready to let go. I want to live in a world where we can create harmony, peace and opportunity for all. Can I still find that in the United States?
— Wanting in Walnut Creek
Dear Wanting,
I hear you.
The good news is that there is great potential, even as the world watches the U.S. presidential election results. If anything, what the last four years have taught me is that two clichés are really true: necessity is the mother of invention, and, where there is a will, there is a way. I can relate to many folks around the world because I know what it’s like to have the world of Silicon Valley feel so close, yet so far away, at a time when I felt powerless to make a difference.
Looking back over the past four years, amazing things have been possible for our clients and my team at Alcorn Immigration Law. I founded the firm out of my kitchen just years ago when my kids were toddlers. I would look out my kitchen window hand-washing tiny baby dishes. I can still remember the feeling of the suds on my fingers as I gazed longingly at the tall building on Castro Street in downtown Mountain View where 500 Startups used to sit on the top floor. YC was just down the street.
I felt so powerless. I desperately wanted to make the world a better place, and reaching the world of Silicon Valley, even though it was just past my backyard, seemed like getting to Mars.
From those humble beginnings to now, as I founded and bootstrapped Alcorn Immigration Law on my own journey of becoming a single mom, I know what’s possible, even during the last four years of the Trump administration. We’ve had amazing success — claiming thousands of victories in supporting companies, people and families to live and work legally in the United States. If I was able to grow my firm during the last four years, I know that it’s possible for anybody to follow their heart and succeed. It’s our human essence to long to be a creator in this world, and anybody can and deserves to make a difference.
And here is what else I know: immigration law is created by acts of Congress and signed into law by the president. Mere tweets may be intended to try to bend the rules, but they cannot break them. That is what democracy is about.
In democracy, we have agreed to abide by basic laws, such as the inviolable dignity of the human being and that we want to agree on procedures for how we make decisions, like the process of passing a law about immigration. Democracy is not about majority tyranny. Democracy is about the fact that we uphold a few principles and we agreed on a decision-making process. When Trump ignores our basic laws and he ignores our legal processes, democracy is in peril.
But democracy does not need to be disrupted, it only requires small adjustments to thrive. In any group it is possible to make jointly supported decisions, taking the needs and resources of all into consideration. “Although the world is complex and decision making is complex, the components of decision making are simple,” according to Richard Graf, founder of K-i-E. Simple tools like the DecisionMaker can allow a miracle to happen — in an environment of openness and anonymity, we can all safely share our needs and concerns so that proposals can be formed based on collective best practices, knowledge, experience, intelligence and intuition. Even if it’s a complex situation, the way forward can immediately become clear.
And in our democracy, the paths to live and work in the U.S. will always remain viable, even if we need to remove a branch or navigate around a new boulder. Here at Alcorn, despite the furor and fear-mongering present in the world surrounding immigration, we are continually securing real victories for our clients. Not a client yet? Global founders can still create a startup, pitch it to investors and secure pathways to live and work legally in the United States with visas, green cards and citizenship.
So I know this and will repeat: Whatever the election results, there will still be many ways for people to legally navigate the U.S. immigration process and access the opportunity and security of life here. For more insight on these ways, please join my Election Results Webinar next week.
In the meantime, here are my thoughts on how the election results will affect the future of U.S. immigration:
Looking ahead, if Biden takes the victory, he has pledged to undo all Trump-era immigration regulations in the first 100 days and support comprehensive immigration reform. He promised to promote immigrant entrepreneurship, which could finally mean a startup visa! He also wants to speed up naturalization, rescind the Muslim travel bans, pass legislation to expand the number of H-1Bs, increase the amount of employment-based green cards, exempt international STEM PhD graduates from needing to await a priority date, create a new type of green card to promote regional economic development and support immigrant entrepreneur incubators.
Alternatively, we can expect that a Trump administration would continue restricting immigration, leading to litigation and judges deciding the fate of many recent policies. We can foresee a continued COVID freeze on green card interviews at consulates.
Also, DHS recently announced its intent to remove the randomness from the H-1B lottery and prioritize the annual H-1B selection process from highest to lowest wage starting in spring 2021. I’m sure there will be litigation about this; in the meantime, Alcorn Immigration Law continues to recommend that all employers proceed with registering employees and candidates in the lottery as usual. These details will take time to shake out and we don’t want anybody to lose a chance at being selected.
In other updates, immigration is just continuing along and there is actually some great news for folks: The State Department recently released the November Visa Bulletin and it stayed the same from October. (If you think your priority date is current or may be current soon, please contact your attorney as soon as possible to discuss filing your I-485 this month to avoid the possibility of retrogression in December!)
And if you need the freedom to build your startup, but were told that you don’t yet qualify for an O-1A visa, EB-1A or EB-2 NIW green card, you can join me in Extraordinary Ability Bootcamp with promo code DEARSOPHIE to receive 20% off.
We’re optimistic about the future. Life always offers us opportunities to grow through contrast and uncertainty, and we remain passionate about our mission to create greater freedom, empowerment, knowledge and love in the world.
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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