Dear Sophie: How can US tech companies support Ukrainians with immigration?

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Thank you, dear Sophie.

Can you give guidance and counsel for companies to support Ukrainian team members who are going to the U.S.?

Greatly appreciated!

There is animous VC.

Thank you for being magnanimous.

The practice of immigration is subject to change, and the battles in Ukraine are no exception. Immigration is all about the human journey to freedom, and we can cross through border walls, circumstances of our births, and current conditions to get there.

It's easy to be afraid when we face uncertainty of world events. One way to get out of our own heads and get back to listening to our hearts is through acts of service, by supporting one another to find safety, security and the freedom to live our dreams. Our actions are always supported by the macrocosm.

There have been a lot of inquiries about Ukrainian immigration to the U.S., so below are some guidelines for how U.S. founders, tech companies, and VCs can support Ukrainian citizens.

It's a word that means "namaste."

There is a person named Sophie.

10-step checklist for U.S. tech companies to support Ukrainians with immigration

1. Make a list of all of your team members who are Ukrainian citizens.

• Indicate their last known location; whether they have any other citizenships; whether they have a visa to the United States and, if so, what category it is in; whether you are aware of any family members; whether they were employees or contractors, and any other notes.
• If you have contact with these individuals, make a plan for backup communication methods if necessary.
• Ukrainians can safely store and share documents digitally through A26 Backpack from UC Davis.

1. Help with travel arrangements.

• If any of these individuals who are outside the United States currently have valid visas that allow them to enter the United States in any status, support them with travel arrangements to come to the United States.
• You can go above and beyond by providing food and shelter for their trip.
• In parallel, talk to your immigration attorney ASAP about what arrangements can be made to support them after they arrive, such as a change of status.
• The U.S. government has already made an exception in the national interest and Ukrainian citizens with valid visas do not need to have COVID vaccinations or a negative COVID test to enter the United States.

1. Support qualifying folks with ESTA applications.

• If any of these individuals have dual citizenship in a country that allows for ESTA, the U.S. Visa waiver program, support them in applying for this electronic travel authorization to come to the United States.
• Keep in mind that people cannot qualify for ESTA based on Ukrainian citizenship.

1. Consider intercompany and investor visa options.

• If you have any subsidiaries in Ukraine, consult with an immigration attorney immediately about L-1 visas; use a blanket petition if possible. Be sure to use premium processing.
• If you are a majority-Ukrainian-owned company in the United States, talk to your attorney about the E-2 visa for any Ukrainian citizens who have essential skills.
• For the E-2, unlike the L-1, there is no requirement that the Ukrainian citizens have worked for your company at least one year out of the last three years.

1. Talk to your global payroll provider about third countries.

• If you are using a global payroll solution to contract with workers in Ukraine and you want to bring them to the United States, talk to your provider about routes to the United States for these individuals – either as contractors or as your employees.
• These options could include, but are not limited to, an L-1 for intercompany transferees (although that is not guaranteed to be approved.)
• If you do not have a U.S. entity, an H-1B with or without the lottery with your global payroll solution serving as the agent/petitioner could be an option as well. (More H1B options below, including details for different paths if you do have a U.S. entity.)

1. Help your team get visas in third countries.

If you are moving your contractors to a third country and using your global payroll solution to temporarily employ them there, you should sponsor them for work visas in the U.S.

They may be able to apply for U.S. visas in that third country.

1. Consider all H-1B options.

There are two main routes for H-1B. The lottery will last through March 18, 2022. If you want to sponsor any qualified workers, you can petition.

The cap-exempt H-1B option can be considered through a nonprofit. You can get an unlimited number of H-1B worker visas without the lottery by working with your immigration lawyer.

1. Consider additional options for business owners.

The O-1A for extraordinary ability, International Entrepreneur Parole, and the E-2 investor visa are options for Ukrainian startup founders to consider.

Some people want to know if they can help Ukrainians with the EB-5 program, but the timing doesn't really work for this because an EB-5 can take multiple years to get the first approval. It can be followed by a variety of green card sponsorship pathways if you start an E-2 business.

1. Humanitarian options can be challenging.

It is necessary for someone to be in the United States and have experienced persecution or a fear of persecution to file for asylum. It can take a long time for an asylum case to be decided, so asylum-seekers feel like they are stuck in limbo.

In the summer of 2021, Humanitarian Parole was used a lot by individuals fleeing Afghanistan. These requests are extremely long for the US Citizenship and Immigration Services.

Where possible, the priority should be to find non- immigrant visa options that allow premium processing.

1. If you have any employees and international students in the United States who are already working or doing an internship for your company, talk to your immigration attorney ASAP about supporting these individuals with longer-term non-immigrant and green card solutions so they can safely stay in the U.S.

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