Dear Sophie: 2 questions about the latest immigration news

The advice column that answers immigration-related questions about working at technology companies is in another edition.

Questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams, says a Silicon Valley immigration attorney.

You can purchase a one- or two-year subscription for 50% off with the promo code.

Thank you, dear Sophie.

I will be graduating with a master's degree in finance.

I want to co-found a startup while on an F-1 OPT. I heard that I may be able to get a job in a field of science, technology, engineering and math. Will I be able to continue working at my startup?

A focused founder.

Dear focused.

You might be eligible for a 24 month extension in your field of finance based on recent legal updates. The Department of Homeland Security, which oversees the U.S. Citizenship and Immigration Services (USCIS), has added 21 other fields of study to the list of qualified STEM degrees. To confirm your eligibility in the field of science, technology, engineering and mathematics, talk to the international student office at your university.

I would recommend working with an experienced immigration attorney if you're trying to get a STEM OPT work authorization while still working at the company you co-founded. If you can demonstrate that you have a valid employment relationship with your company and that all regulatory requirements are met, you can apply for the STEM OPT extension.

You must enroll in the E-Verify system and have a formal training plan in place if you want to work in the US.

You should register for the H-1B lottery if you want to continue living and working in the U.S.

The registration period is from March 1-18. You can get more chances to be selected in the H-1B lottery, and your company can register you multiple years in a row.

The Biden-Harris administration is trying to expand immigration policies to attract and retain global talent, spur innovation, and strengthen the U.S. economy. The O-1A extraordinary ability visa, the J-1 educational and cultural exchange visa, and the EB-2 NIW green card are affected by the new policies. Discuss with your attorney if any of the other immigration options work for you.

President Joe Biden said in the State of the Union Address.

We can do all this while keeping lit the torch of liberty that has led generations of immigrants to this land — my forefathers and so many of yours.

Provide a pathway to citizenship for Dreamers, those on temporary status, farm workers, and essential workers.

I believe that you and many others who are pursuing advanced education and creating leading-edge startups in the United States would be considered essential workers, so let's focus on getting immigration reform through as well.

Wishing you good luck on your journey.

It's Sophie.

Thank you, dear Sophie.

The startup visa was introduced in Congress last year.

The founder is in Florida.

Thank you, dear founder.

There is a startup visa in Congress. The America Creating Opportunities for Manufacturing, Pre-E Act was added to by Rep. Lofgren last month.

The House recently passed the America COMPETES Act, which is the House's version of the Senate's U.S. innovation and competition act. The bill seeks to increase research and technology in order to make the U.S. more competitive against China. The legislation was approved by the Senate last year. It's pretty cool, right? We are excited.

The House legislation creates a W visa category for startup founders and essential employees who have an ownership stake in their startup, and they and their startup meet certain qualifications.

For an initial three years, you need to qualify for a W visa.

• The startup must be a U.S. corporation that is less than five years old.
• The W visa candidate must have at least a 10% ownership stake in the startup.
• The W visa candidate must play a central and active role in the startup.
• The startup must have received at least $250,000 from U.S. investors or at least $100,000 in federal, state, or local government grants.

There is more! The dependent W visas would be available to the families of W visa holders. If certain conditions are met, W visas can be extended for three more years. W visa holders can become eligible for green cards, which are exempt from the numerical and per-country limits.

The America COMPETES Act would exempt individuals and their families from the numerical and per-country limits on green cards if they have a PhD in a field related to science, technology, engineering and mathematics.

If you can spare a bit of time, you can help to generate support for the startup visa by sharing your entrepreneurial journey with your senators to encourage them to include the startup visa in the Senate competitiveness bill.

If you're looking for options that are available to you right now, consider International Entrepreneur Parole. The minimum investment and grant requirements increased last year. There is a previous Dear Sophie column in which I talk about the visa and green card options for startup founders.

Be sure to check back here for any updates on the startup visa.

It'sSophie.

Do you have a question for her? Ask it here. We can change your submission for clarity and/or space.

The information in DEAR SOCIETY is not legal advice. Please view our full disclaimer for more information on the limitations of. Alcorn Immigration Law can be reached directly by you.

Immigration Law for Tech Startups is available on all major platforms. She is accepting applications if you would like to be a guest.