Sophie Alcorn

My co-founder’s a green card applicant who just got laid off. Now what? • ZebethMedia

By zebethcontrolPosted on November 16, 2022Posted in Column, Dear Sophie, EC Column, Government & Policy, O-1A visa, Sophie Alcorn, Startups, tech layoffs, VentureNo Comments

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. More posts by this contributor Dear Sophie: How can I stay in the US if I’ve been laid off? Dear Sophie: How can students work or launch a startup while maintaining their immigration status? 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.” ZebethMedia+ members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off. Dear Sophie, My co-founder and I were both laid off from Big Tech last week, and it’s the kick we needed to go all-in on our startup. We’re both first-time founders, but my co-founder needs immigration sponsorship to maintain status with our startup. Do we look at an O-1A in the 60-day grace period? Thanks! — Newbie in Newark Dear Newbie, It’s been a crazy couple of weeks and we have more Big Tech (and startup) layoffs coming. We have lots of educational resources for what to do if you were laid off and you need non-immigrant visa sponsorship or a green card. As explained in last week’s article, there are ways for laid-off immigrants to seek additional time in the U.S. to make their next move. Apparently, almost 25% of laid-off tech workers start their own companies, but I am sure the number has historically been lower for international folks because the ball and chain of the U.S. immigration system can feel weighty. However, there are a lot of ways that you and your co-founder can take to successfully navigate the layoff, the grace period and sponsorship at the new startup. Here’s how: Deadlines and pathways The 60-day grace period is discretionary. We advise conservatively that the grace period begins from the date of termination, although some laid-off individuals will continue to get paychecks for many months. Many of the layoffs are public and WARN Act notices are issued, so the Department of Homeland Security is on notice. That said, if you need more time to set things up properly for your new startup to exist and sponsor your co-founder’s immigration, your co-founder can apply for a change of status to B visitor. As a B-1 business visitor, your co-founder can engage in certain activities legally, such as business formation and fundraising meetings, and request an additional six months of time beyond the 60-day grace period. This application process can run in parallel with immigration sponsorship by a new company. Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window) Sometimes, you can qualify to sponsor a co-founder for an H-1B transfer so they can work at your startup if you meet the requirements. Additionally, many individuals will use the runway provided by the six months of B-1 status to build their portfolio of accomplishments to qualify for an O-1A visa for extraordinary ability. The O-1 status is available to many professionals, including founders who can demonstrate they are at the top of their field. An O-1A is particularly advantageous for startup founders, because it can be sponsored by an agent for an itinerary of services, including advising other startups for equity, being a venture scout for a VC firm and getting paid as a contractor for speaking engagements in your field. Founders born in India or China are subject to the green card backlogs for individuals, and the O-1A can be a great stepping stone to qualify for and self-sponsor the faster EB-1A green card pathway. Incorporate For either an H-1B, TN, E-3 change of employer or a change of status to O-1A, you should be aware of the importance of setting up your company to successfully sponsor your co-founder and other hires for visas and green cards while also attracting funding from investors.

Answers for H-1B workers who’ve been laid off (or think they might be) • ZebethMedia

By zebethcontrolPosted on November 11, 2022Posted in Dear Sophie, EC Future of Work, H-1B visa, immigration law, Layoffs, Sophie Alcorn, StartupsNo Comments

According to layoffs.fyi, more than 23,000 tech workers have been laid off so far this month. For comparison, the site tracked 12,463 layoffs in October. Facebook’s parent company Meta announced the first major job cuts in its history this week, eliminating 11,000 jobs. Like Twitter, Stripe, Brex, Lyft, Netflix and other tech firms based in the Bay Area, many of the employees impacted are immigrants on worker visas. An unexpected layoff introduces an element of chaos into anyone’s life, but when an H-1B worker loses their job, a loud clock starts clicking: unless they can land a new position or change their immigration status within 60 days, they are required to leave the country. And because tech companies at every size are enacting hiring freezes and planning more cuts, their ability to live and work in the U.S. is suddenly in question. Earlier today, I hosted a Q&A for foreign tech workers who have been laid off (or think they might be) with Silicon Valley-based immigration lawyer Sophie Alcorn. Alcorn, who writes “Dear Sophie,” a weekly advice column for ZebethMedia+, shared general information for visa workers and hiring managers who are looking for talent. If you’re a visa holder who’s been laid off, your first priority is to “find a lawyer and figure out your last day of employment, because that’s when you need to start counting the 60-day grace period,” said Alcorn. “You either get a new job, you leave, or you figure out some other way to legally stay in the United States, but you have to take some action within those 60 days.” Start looking now for new opportunities, she advised, as it will take a new employer time to submit paperwork to U.S. Citizenship and Immigration Services. “The best-case scenario would be that this new company files your new change of employer petition and USCIS receives the paperwork on or before the 59th day since your last day of employment,” said Alcorn. “It takes at least three weeks to prepare everything,” which means candidates and employers must move quickly as the days count down. “You probably need a signed offer around day 33,” she said. Based on her experience, Alcorn estimated that 15% of the people laid off from Bay Area startups are immigrants, 90% of which are H-1B holders. Below, you’ll find answers to several of the questions we received [edited for space and clarity]. I was laid off while I was abroad, but my lawyer advised me to travel back on ESTA, which I did. Do the 60-day grace period still apply? Sophie Alcorn: If you’re in the United States on ESTA after being laid off while abroad, you’re not in H-1B status anymore. You need to leave the country to get a new H-1B and try to come back in and start working. You don’t have the 60-day grace period anymore; you’ve abandoned it. The only thing you can do to change or extend your status if you’re in the United States on the Visa Waiver Program for 90 days on ESTA is get married to a U.S. citizen and have them sponsor you for a green card. It needs to be a real, good-faith marriage. You have to intend to share a life together, you have to demonstrate that your families know each other, that you do romantic comedy things together and have the photos to prove it. And the government’s going to check in two years to see if you’re still married. I am currently on an OPT and have an H-1B approved, but not activated. Can I change employers without going through the lottery right away? Or would my H-1B need to be activated first? You can actually change employers without [doing so]. When you’re interviewing for jobs, you need to make it very clear to the HR person that you think you are eligible for an H-1B change of employer, and you really need their immigration lawyers to take a close look, because essentially, what you will need is a change of status from F-1 or OPT to H-1B within the United States, as well as a change of employer.

How can I stay in the US if I’ve been laid off? • ZebethMedia

By zebethcontrolPosted on November 7, 2022Posted in Column, Dear Sophie, EC Column, EC DEI, Government & Policy, immigration law, Sophie Alcorn, Startups, tech layoffs, Verified Expert - lawyerNo Comments

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. More posts by this contributor Dear Sophie: How can students work or launch a startup while maintaining their immigration status? Dear Sophie: How can early-stage startups improve their chances of getting H-1Bs? 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.” ZebethMedia+ members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off. Dear Sophie, I was laid off and I’m on an H-1B. I have enough savings to survive for a while. What should I do if I have been let go from my job? I am on an H-1B, have an approved I-140, and an I-797 that expires in March 2024. If I have to leave the U.S., can my current I-797 be transferred to my next employer? Are there any issues I should be aware of? — Upended & Unemployed Dear Upended, I’m so sorry to hear you’ve been laid off, and the stress this has no doubt added to your life! Your questions are top of mind in light of the thousands of others being laid off from Twitter, Facebook, Stripe, Brex, Lyft, and other tech companies. I realize this can be an incredibly stressful time. It is my personal life mission to help immigrants to have peace of mind, including being able to stay in the United States, keep their families safe, and build their dreams of making the world a better place. I am so happy to have the opportunity to share my advice through this column! The good news is U.S. Citizenship and Immigration Services (USCIS) allows a 60-day grace period to remain in the U.S. if you lose your job while on an E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN visa. And we can turn your 60-day grace period into a total of eight months of immigration runway — it is possible to extend your time in the U.S. beyond 60 days by filing a change of status from H-1B to another category such as a visitor, student, or dependent spouse. When individuals who need visa sponsorship get laid off, we often hear their highest priority is to maintain their ability to stay in the United States beyond the 60-day grace period, especially if they own a home, have a spouse, or have dependent kids in school. Often people ask me what they need to do if they can’t get a job that offers visa sponsorship within the 60-day grace period or how they can finally follow their heart to explore their own startup ideas. Here are my recommendations for how to stay in the United States, as well as options and opportunities you should keep in mind. To work for another company, start interviewing NOW! Unfortunately, you cannot transfer your current I-797 to your next employer. However, you can transfer your H-1B to your new employer following the H-1B application process. If you are approved, you will receive a new I-797. Put all of your efforts into finding another job. Get as many interviews as you can. Reach out to everyone in your network — friends, family, former colleagues, co-workers, neighbors, and acquaintances. Take advantage of social media and attend networking events. Also, take a look at where venture capital is flowing these days; companies that are receiving Series A funding or above are likely hiring. At a job interview, be direct about your need to transfer your H-1B to a new employer. If the company is not willing to sponsor you, move on. Ideally, you should accept a job offer no more than 45 days into your 60-day grace period unless you have applied for another fallback status because it can take several weeks to prepare and file the H-1B transfer. Additionally, if you qualify for an O-1A extraordinary ability visa, you could consider using an agent to file an O-1A petition on your behalf, which would make your visa independent of any particular employer. This offers you both redundancy because you can change or add paid jobs in the United States without amending the petition every time, generally, as long as you are continuing to work in your field. To work for your own startup, start NOW! If you want to create your own tech venture, find someone you can work with to be your co-founder. Find out if you qualify for an O-1A ASAP or determine if you want to set up your startup to be compatible with an H-1B transfer. Talk with both an immigration attorney and a corporate attorney to devise the best structure for your startup and determine an immigration strategy for your startup to sponsor you for a visa. For many people, if they qualify, I suggest that your startup sponsor you for an O-1A, which offers more flexibility and freedom than an H-1B transfer. Many individuals on an H-1B visa in Silicon Valley and beyond are surprised when we tell them they already qualify for an O-1A. The added benefit of the O-1A is that it serves as a stepping stone to qualify for the EB-1A extraordinary ability green card, which is currently available. Devise a backup plan Have a backup plan and work with an immigration attorney to assess your options. You could transfer your H-1B, become an H-4 dependent visa holder if your spouse has an H-1B,

How can students work or launch a startup while maintaining their immigration status? • ZebethMedia

By zebethcontrolPosted on November 2, 2022Posted in Column, Dear Sophie, EC Column, EC DEI, F-1 visa, Government & Policy, immigration law, Sophie Alcorn, Startups, Verified Expert - lawyerNo Comments

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. More posts by this contributor Dear Sophie: How can early-stage startups improve their chances of getting H-1Bs? Dear Sophie: How can I launch a startup while on OPT? 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.” ZebethMedia+ members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off. Dear Sophie, I’m studying bioinformatics at a university in the U.S. What options do I have to work before and after graduation on my student visa? Do any of these options allow me to launch my own startup? — Wanting to Work Dear Wanting, I applaud your enthusiasm to get to work! The opportunity to work and get training in your field is one of the draws of studying in the U.S. Complex immigration rules and regulations for international students — not to mention processing delays and time limits — can make things challenging, but all you need is a little planning to overcome those challenges! Your ability to work in your area of study — and for how long — depends on what type of student visa you hold: F-1 student visa. J-1 educational and cultural exchange visa. M-1 student visa. F-1 offers the most flexible work options Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window) The F-1 student visa offers the most options for working both before you graduate and after. Two types of training programs are available to most international students who hold an F-1 visa, making them eligible to work in their field of study: Curricular Practical Training (CPT) is available to students at some colleges and universities. Optional Practical Training (OPT) is available either before or after graduation. STEM OPT is a 24-month extension of OPT available to students who graduated with a STEM degree designated by the U.S. Department of Homeland Security. Working under CPT If CPT is available at a university or college, then students on F-1 visas are eligible if they have been enrolled full time for at least one academic year and have not yet graduated. Some graduate programs allow or even require students to apply for CPT at the very beginning of their program.

How can early-stage startups improve their chances of getting H-1Bs? • ZebethMedia

By zebethcontrolPosted on October 26, 2022Posted in Column, Dear Sophie, EC Column, EC DEI, Government & Policy, H-1B visa, Sophie Alcorn, Startups, Verified ExpertsNo Comments

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. More posts by this contributor Dear Sophie: How can I launch a startup while on OPT? Dear Sophie: How can I protect my H-1B and green card if I am laid off? 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.” ZebethMedia+ members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off. Dear Sophie, We have a stealth early-stage biotech startup. Do we qualify to petition a co-founder on STEM OPT for an H-1B in the lottery? Is it worth it or are there better alternatives? — Budding Biotech Dear Budding, It’s absolutely possible for an early-stage biotech (or tech) startup in stealth mode to successfully petition a founder or founding engineer for an H-1B in the lottery or even an H-1B transfer. Here’s how, starting with some background on how the H-1B lottery works for startups. In recent years, U.S. Citizenship and Immigration Services (USCIS) has leveled the playing field for startups entering an employee or prospective employee in the H-1B lottery by creating an electronic lottery registration system. Because the demand for H-1B visas far outstrips the annual supply of 85,000 (20,000 of which are reserved for individuals with a master’s or higher degree), USCIS uses the random lottery process to select companies that are eligible to petition for specific beneficiaries. Before 2020, companies had to submit to USCIS a completed, paper-based H-1B petition package for every employee and prospective employee they wanted to enter in the annual lottery. USCIS adjudicated the H-1B applications that were picked in the lottery and literally mailed the unselected paper applications back to the lawyers. The time, energy and legal costs for submitting an H-1B application made participating in the lottery under this system quite onerous, particularly for startups, because you had to commit to paying for a full H-1B before you knew if your candidate had a chance. Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window) That all changed in 2020, when USCIS instituted an electronic registration process for the lottery. Now, sponsoring companies only need to pay a $10 fee to register an employee or prospective employee in the lottery, which significantly reduced the barrier to entry for all companies, including startups. That means that you can enter as many candidates you would like to sponsor in good faith into the lottery. If people quit after they are selected and before you file, you don’t have to follow through with a full H-1B. If your budget doesn’t allow for you to currently sponsor your entire international remote team but you still want to give everybody a chance, you can do that. Can early-stage biotech startups get H-1Bs? Yes, most definitely! The biggest issues facing early-stage startups when getting an H-1B visa for their founder or co-founders are:

How can I launch a startup while on OPT? • ZebethMedia

By zebethcontrolPosted on October 19, 2022Posted in Column, Dear Sophie, EC Column, EC DEI, Government & Policy, H-1B visa, immigration law, Sophie Alcorn, Startups, STEM OPTNo Comments

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. More posts by this contributor Dear Sophie: How can I protect my H-1B and green card if I am laid off? Dear Sophie: Any tips for negotiating visa and green card sponsorship? 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.” ZebethMedia+ members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off. Dear Sophie, I’m an international student in the U.S. in F-1 status. I will graduate with a bachelor’s degree in computer science this May and plan to apply for OPT. I want to launch a startup. Can I do that with OPT? What options would I have after OPT to continue growing my company? — Forward-Looking Founder Dear Forward-Looking, It’s so exciting to hear you’re planning ahead for your startup founder journey. Taking this route requires planning and forethought. Consult an immigration attorney for guidance as well as precautionary measures to mitigate risks and protect you along the way. Launching a startup on OPT As an F-1 student with OPT work authorization (work permit), you can get your company up and running and be self-employed as long as you’re putting your degree to work. You must also work full time and have all the proper business licenses that your state requires. You don’t have to wait until you get OPT to start setting up your company. Under immigration law, doing things like forming the legal entity for your company, pitching potential investors or negotiating contracts are not considered work, so you are allowed to do them without OPT work authorization. Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window) That way, once you’re on OPT, you will have a full 12 months to focus on operating your startup. F-1 students can apply for OPT up to 90 days before completing their degree, but no later than 60 days afterward. Take a look at this previous Dear Sophie column on OPT and contact your university’s DSO (designated school official) for more information. If you already know you want to maintain your startup in the U.S. and find investors here, then talk to a corporate attorney to determine how to structure the company. In general, U.S. investors want to deal with Delaware C corporations. Even though you incorporate in the state of Delaware, your startup can be based in Silicon Valley or anywhere in the U.S.