Extra Crunch is excited to announce the launch of “Dear Sophie,” an advice column with answers for all your questions on attracting, hiring and retaining immigrant employees — and more.
Dear Sophie is a collaborative forum hosted by Extra Crunch and curated by Sophie Alcorn, who is certified as a specialist attorney in immigration and nationality law by the State Bar of California Board of Legal Specialization. Sophie is the founder of Alcorn Immigration Law, the fastest-growing immigration law firm in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.”
Dear Reader,
As I pack my bags to speak at TechCrunch Disrupt in Berlin this week, I’m happy to announce the first edition of my new column, Dear Sophie. I’m excited to answer your questions about U.S. immigration!
And, If you’re in the area, I invite you to join me at Disrupt Berlin 2019. You can use promo code ALCORN for discounted admission and meet me in person for a free consultation with CrunchMatch, or attend one of my two sessions:
- The Top 3 Immigration Mistakes Startups Make Wednesday, Dec. 11 – 11:25 – 11:35
- How to Scale Your Startup Globally Wednesday, Dec. 11 — 2:25 – 3:05
Hope to see you there,
Sophie
Dear Sophie: I’m scared: I feel like I should really be in Silicon Valley to grow my company, but everything I read about immigration makes it sound so hard. Is my dream possible? — Dreaming in Dresden
Dear Dreaming: Yes, coming to the U.S. to build a startup is absolutely possible. In fact, I see founders like you do it all the time. Your dream is valid and definitely worth pursuing.
The first piece of advice I’d give you is to be careful about which news sources you trust! You might not be getting the whole story. While dramatic changes are taking place in the United States, we still have a functioning immigration system that allows people to come live and work here — people just like you.
The second piece of advice I have is to research the many visa and green card options that can allow you to come to the United States and grow your company (you can read about them on my blog). You’ll find that some visas grant you the ability to work for the short-term or the long-term (potentially), and some allow you to visit and see what things are like here.
With these visas, you can find a co-founder and build the early stage of your company, establish a U.S. branch of your existing business, seek venture capital and so much more.
The third piece of advice I have is to really clarify why you want to come to America — that way, you can be strategic about achieving your goals. You might require a little guidance here, which is one example of where immigration lawyers like myself can be helpful.
When I meet people in your situation, I reassure them that, not only are they safe to dream with me, but I’ve also helped hundreds of people just like them realize their dreams, even when they didn’t believe it was possible. Almost everybody who comes here once asked the same questions you’re asking.
My last piece of advice is simply to follow your heart. The world needs your ideas and contributions. There are lots of resources and ways to get informed and educated, which is the first step on this journey. Once you have a clear vision, you can work to make your dream a reality — It’s not always easy, but where there’s a will, there’s a way.
You’ve already asked for help, which is a great way to get started. I wish you the best!
Dear Sophie: I have a startup that has been quite successful in Germany. What’s the best way for me to spend some time in the United States exploring product-market fit, gauging business development, and talking to venture capitalists? — Founder in Frankfurt
Dear Founder: Congratulations on your startup! And bravo for considering taking steps toward strengthening the U.S. marketplace.
The first thing I suggest you decide is how long it will likely take for you to accomplish your goals.
If you think you can get the answers you need in less than 90 days, the answer is pretty simple: apply for ESTA (Electronic System for Travel Authorization), which is available to citizens of about 40 countries (including Germany). You’re allowed to visit for business or pleasure with ESTA, but you’re not allowed to work — and you must definitely depart the United States before the end of the authorized period.
ESTA could be great for a short business trip or a brief accelerator program in Silicon Valley. Be careful with programs that run longer than 90 days. I’ve seen founders in these longer programs leave on day 88 to go back home for a week and then return to the U.S. to complete the program, hoping that this is a safe workaround of the time limit. Remember that ESTA is a non-immigrant status, and if Customs and Border Protection suspects that you are trying to live here or work here, they have the authority to deny your entry to the United States.
On the other hand, if you know you’ll need to spend 4-6 months in the U.S. without interruption, I suggest you talk to an attorney about the possibility of applying for a B-1/B-2 visitor visa (even if you have ESTA). A visitor visa allows you to stay in the U.S. for up to six months on a single visit.
People often ask me how long they can stay in the U.S. during a calendar year or how long they need to be outside of the United States after a six-month visit. While there is no fixed answer to these questions, I remind them that ESTA, B-1, and B-2 are non-immigrant statuses, Customs and Border Protection has the authority to deny you entry if you appear to be living or working in the U.S. In my experience, reentry seems OK when people are spending less than 50% of the time in the country as visitors. Still, it’s always best to talk with an attorney about your particular situation. For example, sometimes our clients request that we provide them with letters of support explaining why their trip is temporary, which they can show to the officers at the airport if they get questioned.
I encourage people in your situation to at least come for 90 days. It’s a great opportunity to network, have some great conversations, and clarify your long-term goals in the U.S. Take some time to think about it, reach out online, so you have things set up before you arrive, and plan out your finances so you can make the most of your trip. I’m wishing you every success!
Dear Sophie: I am a venture capitalist, and my fund recently had great success. We’re now raising a second round and building out the infrastructure of our organization. I have a brilliant contractor working for me who scouts new startups. She was born in India, just got her Bachelor’s degree in Computer Science from an Ivy League university, and was also recently accepted back into a Master’s program there. I want to help her plan for her future. Can she keep working for me after OPT, or should she go back to school? How do these choices affect her prospects for short-term and long-term chances for immigration? — Venture in Venice Beach
Dear Venture in Venice: Congratulations on your success, and for recruiting someone brilliant to help you grow!
I have worked on situations like the one you describe (which can seem complex) and find it best to start with an overview of how the immigration system operates. This overview helps tie together all the details in a way that makes sense and provides a clear path forward.
As you probably know, the H-1B visa allows people in specialty occupations to work in the U.S. for up to 6 years (typically). The U.S. limits the total number of brand new H-1B visas available each year, regardless of the person’s country of birth and citizenship. Bear in mind that people with Master’s degrees or PhDs from U.S. universities have a higher chance of being selected in the annual lottery because they can get two chances.
With that explained, let’s address your contractor’s situation.
Your contractor’s OPT (Optional Practical Training) is going to expire next summer. However, since she studied computer science, which is a STEM degree (science, technology, engineering, math), she has the opportunity to spend two more years on STEM OPT. STEM OPT is an additional work permit that allows individuals with degrees in science technology engineering or math to remain in the U.S. as employees of a company registered in E-Verify.
Without applying to a Master’s program, she could only work for you for three years on her OPT and STEM OPT. Although your contractor’s Master’s Degree now could be great for her education, it won’t give her long-term immigration prospects in the United States much of a boost. She can’t recapture unused OPT time later after another degree.
Also, if your contractor is planning to get an O-1A visa for extraordinary ability in the future, having a master’s degree won’t help her gain the professional accomplishments needed to qualify. It would be better for her to focus on gaining visa qualifications in her chosen profession. You could even help her create a roadmap for achieving the professional accomplishments she’ll need to establish herself as a person of extraordinary ability.
Employers in Silicon Valley usually sponsor all their candidates every year in the spring lottery for H-1B visas. You should consider sponsoring your contractor right away for the upcoming H-1B lottery and do it every year until she gets picked (whether she’s on OPT, STEM OPT, the Master’s, or subsequent OPT after the Master’s).
After your contractor has an H-1B or O-1A, I recommend you start the Green Card process for her. Even though there’s usually a multi-decade wait for most individuals born in India to obtain green cards through employment, it still makes sense to do this for her peace of mind — and for the sake of retaining her in the competitive talent climate of the Valley.
I strongly recommend talking with an attorney about the Green Card process. There are so many minute variations that can impact the outcome that you’ll want to make sure you’re examining every potential pathway.
I wish you and your contractor the best of luck in working toward a bright future together!
Immigrants from China and India can accelerate the green card process
Sophie Alcorn is the founder of Alcorn Immigration Law and certified as a Specialist Attorney in Immigration and Nationality Law by the State Bar of California Board of Legal Specialization. Her firm focuses on supporting technology companies and professionals to obtain U.S. visas and green cards. Sophie is TechCrunch Verified Expert Lawyer.
Submit your questions to Dear Sophie here. We reserve the right to edit your submission for clarity and/or space.
Have a story to share about overcoming immigration to build technology? Apply to be a guest on Sophie’s upcoming podcast highlighting the connections between U.S. immigration policy and startups.
The information provided in Dear Sophie is general information and not legal advice. For more information on the limitations of Dear Sophie, please view our full disclaimer here.
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