immigration
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Dear Sophie: Is it easier and faster to get an O-1A than an EB-1A?
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:
Is it easier and faster to get an O-1A extraordinary ability visa than an EB-1A extraordinary ability green card? What are the pros and cons of each?
—Outstanding in Oakland
Dear Outstanding:
Thanks so much for your timely questions about the extraordinary ability visa and green card. The short answer to your first question is yes, the O-1A visa is generally easier and faster to get than an EB-1A green card. In fact, I once helped a client get an O-1A approved in three days — of course, that was before the COVID-19 pandemic.
We recently launched “Extraordinary Ability Bootcamp,” a new, 15-module online course that takes a deep dive into the O-1A extraordinary ability nonimmigrant (temporary) visa, the EB-1A extraordinary ability green card, the EB-2 NIW (National Interest Waiver for exceptional ability) and what it takes to file a successful application in each category. Check my podcast where I discuss the Bootcamp in more detail. Register for the Extraordinary Ability Bootcamp and use code DEARSOPHIE for 20% off the enrollment fee.
In general, the requirements for a green card, which enable its holder to live permanently in the U.S., are more stringent than those for nonimmigrant visas, which only allow a temporary stay in the U.S. And U.S. Citizenship and Immigration Services (USCIS) typically takes longer to process green card petitions than nonimmigrant visa petitions. Moreover, the U.S. imposes numerical and per-country caps on the number of green cards issued each year, which means some green card categories for people born in some countries, such as India and China, face long waits. Only a few visas have an annual cap (like the H-1B), but the O-1A visa is not one of them.
That said, the EB-1A has one of the shortest USCIS processing times, compared to other employment-based green cards. Also, EB-1A petitions are eligible for premium processing, which requires USCIS to make a decision on a petition within 15 days (whether it is “calendar” days or “business” days is currently in flux!). The I-140 petition can be adjudicated quickly in a few weeks, but for somebody whose priority date is “current” on the Visa Bulletin, the determining factor for how long a green card takes is often the I-485 processing time in the local field office. Recently that’s been taking about 1.5-2 years for interviews in the Bay Area.
Meanwhile, nonimmigration visa petitions can face delays for a number of reasons, but a delay happens most often when USCIS responds to a petition with a Request for Evidence (RFE). An RFE is a written notice from USCIS seeking additional evidence to make a decision on a case. During the past few years, the number of RFEs issued by USCIS for both visas and green cards has increased substantially.
Last month (September 2020) USCIS extended its policy of giving petitioners an extra 60 calendar days to respond to certain USCIS notices, including RFEs, intent to deny, revoke, rescind and terminate due to the ongoing coronavirus pandemic. For any of these notices dated between March 1, 2020, and January 1, 2021, a timely response will be considered 60 days after the date listed on the notice. Whether you want to take advantage of this extra time is a conversation to have with your attorney, based on the strength of your pending petition and the urgency of getting an approval.
As you probably know, the O-1A visa is for individuals who have achieved national or international acclaim and have risen to the top of their field in the areas of science, education, business or athletics. The EB-1A enables individuals who have achieved substantial international or national success in their field due to their extraordinary talent to live permanently in the U.S.
Here’s a summary of the pros and cons of the O-1A and the EB-1A:
| O-1A NONIMMIGRANT VISA
(Temporary Stay) |
EB-1A GREEN CARD
(Permanent Residence) |
Pros
|
Pros
|
Cons
|
Cons
|
Keep in mind that like the EB-1, the EB-2 NIW (National Interest Waiver) green card does not require an employer sponsor. However, the eligibility requirements for the EB-2 NIW are less stringent than for the EB-1A. For individuals born in India and China, the downside to the EB-2 NIW green card is that they face a much longer wait compared to the EB-1A. Unlike the EB-1A, premium processing is not available for EB-2 NIW petitions.
Remember, U.S. embassies and consulates are not processing green cards so you should try to apply for a green card while you remain in legal status in the U.S. Otherwise, you may have to return to and stay in your home country for a while.
Still, getting a visa or green card abroad remains possible. I recommend working with an experienced immigration attorney to discuss which options best match your accomplishments, goals and timing. Remember, you can sign up for Bootcamp and use code DEARSOPHIE for 20% off the enrollment fee to get qualified!
All my best,
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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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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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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International students face immigration hurdles under Trump
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
This fall, nearly half a million international students will begin or return to STEM degree programs at U.S. colleges and universities. If you’re among them, congratulations — look forward to being wooed by talent-hungry U.S. tech firms when you graduate. But there’s bad news, too: Under current immigration rules, switching from a student visa to an employment visa can be tricky, so it’s important to understand what’s required and how the latest policy upheavals could impact your journey.
In theory, it’s a great time to be a STEM graduate. U.S. STEM jobs are expected to grow by nearly 11% — or about 10.3 million positions — between 2016 and 2026, faster than all U.S. occupations. In practice, however, it can be tough for international students to secure permanent residence in the United States. The H-1B skilled-worker visa system is badly clogged; a federal lawsuit could slam the door on many STEM graduates, and the White House is shaking up both the skilled-worker and student visa systems.
But don’t despair: There’s still a pathway to a future in the United States — you just might face a bumpy ride. Whether you’re starting your studies or preparing to graduate, it’s crucial to understand your options.
Getting an employment-based visa
An employment-based green card requires an executive-level job, a truly extraordinary résumé, or an employer willing to pony up thousands of dollars in fees and labor-certification costs. Because it’s hard to get a green card, most international STEM students aim for an H-1B visa, which lets you work for a specified U.S. employer for up to six years. It’s not a permanent solution, but it can be a useful launchpad for your career.
Even getting an H-1B isn’t easy, though. There’s a hard cap on H-1Bs: This year, there were more than 200,000 applicants vying for just 85,000 visas. Recipients are selected via lottery, and while you could land an H-1B on your first attempt, many tech workers have to try again — and again, and again — before they finally get lucky.
In the meantime, international students typically start out using the temporary work authorization through their student visa until they transfer to an H-1B.
Let’s dig into the details of what’s allowed under your student visa:
If you’re on an F-1 visa
Image via Getty Images / South_agency
The F-1 student visa is one of the main on-ramps to the U.S. tech sector for foreign-born workers. That’s largely thanks to Bush- and Obama-era changes that expanded the Optional Practical Training (OPT) program, which allows F-1 holders to work at American companies after graduating, from 12 to 36 months.
Graduates with multiple STEM degrees (such as a bachelor’s and master’s degrees) can also chain together their OPT periods, working for up to six years in total before switching to another visa. That’s great news because each year of OPT is another chance to play the H-1B lottery, increasing your odds of winning a visa.
To use OPT, you’ll need to get a work permit (“Employment Authorization Document,” or EAD) as you near graduation. You’ll also need to file for visa extensions in order to make the most of your OPT entitlement.
If you’re on a J-1 visa
Similar to the F-1, the J-1 visa is designed for students involved in cultural exchange programs or who receive substantial funding from governments or institutions.
As a J-1 student, you won’t get OPT but 18 months of Academic Training (AT). Any internships or jobs you take during your studies will count toward your AT allotment, so it’s possible to finish your degree with less than 18 months of work authorization remaining. And while a second 18-month AT period is available for postdoctoral research, there’s no automatic extension for STEM degree holders: Once your 18 months are up, you’ll need to leave the United States.
There’s another catch: Many J-1 visas come with a home residency requirement (HRR), requiring holders to return to their home country for two years before seeking a work-based or family-sponsored U.S. visa — that or apply for an HRR waiver.
If you’re on an M-1 visa
The M-1 visa is used by students at technical and vocational schools, not academic programs. As student visas go, it’s very restrictive: You won’t be able to work off-campus and can’t work for more than six months. You also won’t be able to switch to an F-1 visa and won’t find it easy to transition to an H-1B. If you hope to stay in the United States long-term, think carefully about whether an M-1 is right for you.
No job lined up?
If you don’t have a job offer, there are other ways to stay in the United States after finishing your studies. One popular option is to enter a graduate program: Getting a master’s degree could extend your student visa by a year or two, while upgrading to a PhD program could get you several additional years. In fact, an advanced U.S. degree under your belt effectively doubles your chances of getting an H-1B in the same lottery.
If you can’t find work and don’t want to keep studying, you’ll need existing family ties to a U.S. citizen or lawful permanent resident (green card holder). If you’re the direct relative of one (for example, a spouse or child), then things are relatively easier: You have a clear path toward a family-based green card, allowing you to live and work permanently in the United States. That’s true even if you’ve become a family member through marriage: You’ll be able to obtain a marriage-based green card more quickly and easily than an H-1B or other employment-based green cards.
If you’re the spouse or child of someone on a temporary visa, such as an H-1B or O-1 visa holder, you can usually obtain a dependent’s visa. Such visas often allow you to study, but you won’t qualify for OPT after graduating. It’s also getting harder for H4 visa holders to obtain work permits, so don’t count on using a dependent’s visa to launch your career in Silicon Valley. In many cases, OPT is still a better springboard to an H-1B or green card.
If the person who claims you as a dependent applies for permanent residence, you may be able to get a green card through “derivative” benefits, meaning their green card eligibility trickles down to you.
Next step: Mark your calendar
Image via Getty Images / normaals
Whatever immigration status you currently have or want to get, you’ll need to plan ahead. In some cases, you might need to start planning your next step almost as soon as you begin your studies, in order to make sure you aren’t left without a valid visa.
- For graduate study: Update your existing student visa before the end of the 60-day grace period (for F-1 visas) or 30-day grace period (for J-1 visas) following the program completion date listed on your Student and Exchange Visitor Information System (SEVIS) record and I-20 or DS-2019 form.
- For F-1 OPT: Apply no sooner than 90 days before and no later than 60 days after completing your studies. If your official completion date is June 1, 2020, for instance, you can apply for OPT between March 3 and July 31 of that year.
- For J-1 AT: Apply shortly before your program ends. Your school will facilitate your AT application and will set its own deadline to process your paperwork before the end of your studies, but your AT must begin no later than 30 days after completing your program.
- For H-1B visas: Play the annual visa lottery held in early April. You’ll need a job offer lined up well in advance from an employer who’s willing to sponsor you. You can’t begin working until your H-1B is approved, unless you have separate work authorization through OPT, AT, or some other means.
- For employment-based green cards: The timeline depends on your specific green card category, but you’ll generally wait months or years.
- For green cards through marriage to a U.S. citizen: You’ll typically wait 10–13 months, but you’ll be able to stay in the United States while in the meantime, even if your student visa expires.
- For green cards through marriage to a permanent resident: You’ll typically wait 29–38 months, but you’ll need another valid visa, such as an unexpired F-1, for the first 11–15 months.
- For family-based green cards (other than for spouses and children of U.S. citizens): You might face a lengthy wait depending on your relationship to your sponsoring relative and home country.
Whatever your plans, remember that immigration rules are constantly changing — and seldom in ways that benefit new immigrants. If you can, file your visa or green card application right away to avoid nasty surprises.
Trouble coming down the line
It’s important not only to understand your current visa but also to recognize that the U.S. immigration system is in flux — and many of the planned changes spell bad news even for immigrants with advanced degrees and vitally needed skills.
The new public charge rule, for instance, will make it harder to get a green card if you’ve used public benefits and allows the U.S. government to deny your application if they suspect you’ll fall on hard times in the future. For STEM grads with solid job offers, that might not seem like a major concern, but the new rule will apply even to those on temporary visas, including H-1Bs, who wish to extend or change their immigration status. At the least, it’s a sign of how much harder the immigration process is getting.
The Trump administration is also targeting students with a new “unlawful presence” rule that imposes tough punishments for minor violations of student visa terms. Fortunately, the rule is tied up in court, but if it goes through, it could lead to lengthy bans on future work visas if you overstay on your student visa, work in ways that aren’t authorized, or otherwise fail to play by the rules.
Such changes underscore the importance of doing your own due diligence and not simply relying on your college or employer to steer you right. Figuring out your immigration options can feel overwhelming — but as the many thousands of foreign-born STEM graduates who’ve successfully built careers in the United States can tell you, it’s well worth the effort.
Get your pressing immigration questions answered
Have a question about the complex and shifting immigration process? Boundless can help. Please send your immigration-related questions to our resident immigration expert, Anjana Prasad, at ask.anjana@boundless.com. We will consider your question for a future column on the Boundless blog.
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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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Inside the history of Silicon Valley labor, with Louis Hyman
As I wrote for TechCrunch recently, immigration is not an issue always associated with tech — not even when thinking about the ethics of technology, as I do here.
So when I was moved to tears a few weeks ago, on seeing footage of groups of 18 Jewish protestors link arms to block the entrances to ICE detention facilities, bearing banners reading “Never Again” in reference to the Holocaust — these mostly young women risking their physical freedom and safety to try to help the children this country’s immigration service is placing in concentration camps today, one of my first thoughts was: I can’t cover that for my TechCrunch column. It’s about ethics of course, but not about tech.
It turns out that wasn’t correct. Immigration is a tech issue. In fact, companies such as Wayfair (furniture), Amazon (web services), and Palantir (the software used to track undocumented immigrants) have borne heavy criticism for their support of and partnership with ICE’s efforts under the current administration.
And as I discussed earlier this month with Jaclyn Friedman, a leading sex ethics expert and one of the ICE protestors arrested in a major demonstration in Boston, social media technology has been instrumental in building and amplifying those protests.
But there’s more. IBM, for example, has an unfortunate and dark history of support for Nazi extermination efforts, and many recent commentators have drawn parallels between what IBM did during the Holocaust and what companies like Palantir are beginning to do now.
Dozens of protestors huddle in the rain outside Palantir HQ.
I say “companies,” plural, with intention: immigrant advocacy organization Mijente recently released news that Anduril, the company founded by Palmer Luckey and composed of Palantir veterans, now has a $13.5 million contract with the Marine corps for their autonomous surveillance “Lattice” towers at four different USMC bases, including one border base. Documents procured via the Freedom of Information Act show the Marines mention “the intrusion dilemma” in their justification for choosing Anduril.
So now it seems the kinds of surveillance tech we know are badly biased at best — facial recognition? Panopticon-style observation? Algorithms of various other kinds — will be put to work by the most powerful fighting force ever designed, for expanded intervention into our immigration system.
Will the Silicon Valley elite say “no”? To what extent will new protests emerge, where the sorts of people likely to be reading this writing might draw a line and make work more difficult for their peers at places like Anduril?
Maybe the problem, however, is that most of us think of immigration ethics as an issue that might touch on a small handful of particularly libertarian-leaning tech companies, but surely it doesn’t go beyond that, right? Can’t the average techie in San Francisco or elsewhere safely and accurately say these problems don’t actually implicate them?
Turns out that’s not right either.
Which is why I had to speak this week with Cornell University historian Louis Hyman. Hyman is a Professor at Cornell’s School of Industrial and Labor Relations, and Director of the ILR’s Institute for Workplace Studies, in New York. In our conversation, Hyman and I dig into Silicon Valley’s history with labor rights, startup work structures and the role of immigration in the US tech ecosystem. Beyond that, I’ll let him introduce himself and his extraordinary work, below.
Louis Hyman. (Image by Jesse Winter)
Greg Epstein: I discovered your work via a piece you wrote in the Washington Post, which drew from your 2018 book, Temp: How American Work, American Business, and the American Dream Became Temporary. In it, you wrote, “Undocumented workers have been foundational to the rise of our most vaunted hub of innovative capitalism: Silicon Valley.”
And in the book itself, you write at one point, “To understand the electronics industry is simple: every time someone says “robot,” simply picture a woman of color. Instead of self-aware robots, workers—all women, mostly immigrants, sometimes undocumented—hunched over tables with magnifying glasses assembling parts, sometimes on a factory line and sometimes on a kitchen table. Though it paid a lot of lip service to automation, Silicon Valley truly relied upon a transient workforce of workers outside of traditional labor relations.”
Can you just give us a brief introduction to the historical context behind these kinds of comments?
Louis Hyman: Sure. One of the key questions all of us ask is why is there only one Silicon Valley. There are different answers for that.
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Minimum investment for EB-5 investor green card expected to more than double
While not a startup visa, the EB-5 investor green card offers many entrepreneurs a path to a green card by investing money and creating jobs in the U.S. Under the EB-5 program, an entrepreneur’s family is also eligible for green cards.
Imminent regulatory changes to the EB-5 program are expected to make obtaining an EB-5 green card a whole lot more expensive. The minimum investment is anticipated to more than double to $1.35 million from the current $500,000. And with individuals from India expected to face a backlog for EB-5 green cards shortly, the opportunity to obtain an EB-5 green card at a relatively low cost and in a timely manner is closing.
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What everyone at a startup needs to know about immigration
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.
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
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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