Sophie Alcorn

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Dear Sophie: Can I work in the US on a dependent spouse visa?

Sophie Alcorn
Contributor

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

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
Contributor

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

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
Contributor

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

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
Contributor

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

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
Contributor

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

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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Learn how to scale your startup globally at Disrupt Berlin

The rise of the internet has given every company the chance to be a global company. But as a founder, growing from your garage to the worldwide markets can be tricky business.

That’s why we’ve assembled a panel of top-tier experts to talk through the peaks and pitfalls of scaling strategies at Disrupt Berlin in December.

I’m very pleased to announce that Holger Seim, founder and CEO of audio startup Blinkist, Karoli Hindriks, founder and CEO of Jobbatical, and prominent Silicon Valley immigration attorney Sophie Alcorn will be joining us at the show, which runs December 11 and December 12.

Holger Seim founded Blinkist in 2012. The learning service condenses the information and knowledge found in nonfiction books and repackages that info into small text or audio packets. The company charges $12.99/month for a subscription, with a steep discount for those who pay annually. Today, Blinkist has customers in more than 150 countries. Seim brings experience from his time at Deutsche Telekom, where he focused on digital growth and partnership initiatives.

Karoli Hindriks, CEO and founder of Jobbatical, brings a wealth of experience on the topic of scaling, not only from growing her own startup’s footprint, but by the very nature of the company itself. Jobbatical offers reliable relocation for folks joining high-growth tech companies, handling the nitty gritty of immigration on behalf of employers, including visa documentation and residence permits. Hindriks, a native of Estonia, also led the launch of seven television channels in Northern Europe, including National Geographic channels and MTV. In short, Hindriks knows how to cross borders, from tech talent to products.

Last, but certainly not least, we’ll have Sophie Alcorn, founding partner of Alcorn Immigration Law, to round out the panel. The firm was one of the fastest-growing immigration law firms in Silicon Valley. Alcorn can help founders understand the complexities of immigration and how they can leverage different immigration options to secure key talent. Alcorn can also inform investors of the things to look out for when ensuring founders can legally build companies in the U.S.

Join us in Berlin at TechCrunch Disrupt to hear more from our experts on how to scale your company globally. Tickets are available right here.

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