Dear Sophie is back with another edition. This advice column answers questions related to immigration and working for technology companies.Sophie Alcorn, a Silicon Valley immigration lawyer, said that your questions are crucial to the spreading of knowledge that allows people around the world to reach their goals and overcome borders. I'd love to answer any questions you have about Silicon Valley, whether you are a founder, people ops or looking for a job.Extra Crunch members have access to Dear Sophie columns weekly; use promo code ALCORN for a 50% discount on a one-year or two-year subscription.Dear SophieSince almost two years, I have been working in the U.S. on an H-1B visa.Although I am grateful for my sponsorship by my company and the fact that I was able to pass through the H-1B lottery, I feel stuck. I want to do my own thing and be able to work in the United States on my own terms.Is there an immigration option that would allow me that?Looking for satisfaction near Stanford?Dear SeekingHere are some exciting updates on immigration to help us get started today! U.S. Rep. Zoe Lofgren (D-CA), introduced the LIKE Act to support startup founders in Congress last week. We will share with you what this could mean to your startup dreams. U.S. Citizenship and Immigration Services (USCIS), conducted a second H-1B lottery to fill the annual cap. If you were chosen, please file your H-1B petition before November 3.Edward Gorbis says that although frustration and job dissatisfaction can be common, you can take control of your U.S. immigration situation. Gorbis was interviewed by me for my podcast. He is the founder of Career Meets World, a performance coach who helps immigrants and first-generation professionals find fulfillment in their lives and careers. Gorbis stated that when immigrants achieve stability, they begin to question their core identities and think about who they are.Gorbis stated that the first step is to imagine overcoming obstacles that prevent you from doing the work that fulfills your purpose. Here are some ideas to help you visualize how you can build the life that you desire.Get $250,000 as a founder CEOInternational Entrepreneur Parole is a great option for entrepreneurs. It allows CTOs, CEOs, and other executives to reside in the United States and manage their business for 2.5 years. There are also options for an additional 2.5-year extension. A work permit can be obtained for your spouse.How do you qualify? How do you qualify? You should show that at least $250,000 has been raised by qualified U.S investors. However, other evidence can be used to prove that your company is capable of growing rapidly and creating jobs in the U.S.Entrepreneurs and their key employees may soon have a path to green cards and a startup visa. Last week Lofgren introduced the Let Immigrants kickstart Employment (LIKE Act). While the requirements for IEP are the same, the proposed startup visa would allow for a longer stay of up to eight years if the startup creates significant revenue and creates jobs.I am proud to have helped draft the LIKE Act. It was thrilling to see my suggestions included. These include making Startup Green Cards exempt from the visa bulletin, clarifying that multiple Startup Visas can be obtained from the same company, how to assign employee visas to startup, ensuring that the Startup Visa has dual intent status, and adding premium processing. It was a great pleasure to share my ideas in this wonderful process. This bill will become law and I am looking forward to it becoming a law. Please reach out to me to learn more about this noble cause.Take a look at the company you work forTechnically, there is no limit on the number of H-1B employers that you can have and how many hours you can work in an H-1B job. Think about other companies.Another option is to have concurrent H-1Bs. You could keep your current job as an H-1B employee for stability, but start your own business, perhaps with other people, and have your startup sponsor your H-1B. For more information, see this Dear Sophie column.Transferring your H-1B to another company or to your startup, if you're going to be working there, is another option. You won't have to repeat the H-1B lottery process if you already completed the H-1B lottery with the employer you work for.It can be difficult to set up a startup that will sponsor you for an H-1B visa. I recommend you consult both an immigration and corporate attorney. You will not be allowed to work for your startup unless an H-1B has been approved. This is why it is important to have co-founders. H-1Bs require a relationship between an employer and employee for H-1B candidates. This means that a co-founder of the startup board must oversee you and have the power to fire you. We often recommend to founders that they have less than 50% ownership in a startup, if they are applying for an H-1B.A green card is an optionConsider asking your employer if it would sponsor you for a greencard if you are pursuing concurrent H-1Bs. If this is not the case, your employer can sponsor you or you can petition for a greencard yourself.All EB-2 greencards, except for the EB-2 NIW or EB-3, require labor certification approval (PERM), from the U.S. Department of Labor. Individuals can self-sponsor EB-1A or EB-2 NIW green cards.Imagine you are a gig seeker in your field.Many founders of startups are eligible for the O-1A extraordinary talent visa. You cannot have an H-1B visa and an O-1A simultaneously. If your startup sponsors your O-1A, you will need to quit your H-1B job after your O-1A approval is granted.An O-1A visa offers more flexibility than an H-1B. An O-1A allows you to work for one petitioning company, or multiple gigs through an agent. Qualifying for an O-1A visa is much more complicated than an H-1B. My firm offers resources to help people get qualified. One thing that is similar to the H-1B visa is that you need to show your startup and establish an employer-employee partnership.Invest in your companyStartup founders who have a treaty of navigation and commerce with the U.S. can apply for an E-2 visa to allow them to work and invest in treaty employees and investors. Here's a list of countries that are treaty. This Dear Sophie column and podcast episode provide more information on E-2 visas to founders and employees.While there is no minimum amount that a founder can invest in a startup to be eligible for an E-2 visa, we recommend investing at least $100,000 to make a strong case. An H-1B visa cannot be combined with an E-2. If your E-2 is approved, you will have to quit your H-1B job.An immigration lawyer can provide additional options depending on your individual circumstances. They will also offer legal advice that is tailored to your needs.Enjoy the journey to realize your dreams!SophieHave a question for Sophie? You can ask it here. We reserve the rights to amend your submission for clarity or space.Dear Sophie contains general information that is not intended to be interpreted as legal advice. Please see our complete disclaimer for more details about Dear Sophie's limitations. Contact Sophie at Alcorn Immigration Law.Sophie's podcast, Immigration Law for Tech Startups is available on all major platforms. She is accepting applications to guest-host!
