Click here for another part Advice for answering immigration-related questions about working for tech companies Dear Sophie column
“Your question is essential to the dissemination of knowledge that enables people around the world to pursue their dreams across borders,” says Sophie Alcorn, an immigration attorney in Silicon Valley. “For HR professionals, founders, or anyone looking for a job in Silicon Valley, I’d like to answer your questions in my next column.”
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Dear Sophie
I’m a co-founder of a very early stage startup. My co-founder and I are considering taking on her recently laid-off third co-founder. She is currently in the US in her H-1B, whose grace period is about to expire.
What are the quickest and least risky immigration options we should consider? What about potential increases in USCIS filing fees?
— cautious co-founder
Dear Attention,
Great to hear you’re expanding the team and supporting future co-founders.
Application fees for most work visas and green cards are likely to increase later this year, so now is a good time to hire international talent. Earlier this month, the U.S. Department of Homeland Security, which oversees the U.S. Citizenship and Immigration Services (USCIS), announced a proposal to significantly increase fees for many nonimmigrant visas and delay processing of insurance premiums from 15 calendar days to 15 business days. Did. There are changes such as days (about 3 weeks).
For example, the application fee for H-1B applications (new, renewal, or transfer) will increase from $460 to $780. DHS is accepting public comments on this proposal through March 6, 2023. I urge you and other employers, especially early-stage startups, to consider these changes.
buy time first
Image credit: Joanna Buniak / Sophie Alcorn (opens in new window)
Before diving into your first question, we strongly recommend that you discuss the status and timing of your prospective hire with an immigration attorney as soon as possible. We can propose a strategy that Calculating the grace period after a layoff can be difficult as it involves many factors. You must also ensure that your co-founders maintain valid status in the United States and have the appropriate approvals for required international travel.
Your potential co-founder’s 60-day grace period is about to expire, so she’ll get extra time quickly by applying online for a status change from H-1B to B-1 Business Visitor status can do. Another 6 months in the US. It will also give you time to prepare an H-1B transfer application and seek to change her status back to her H-1B or another work visa.
Please note that B-1 status is not a work visa and does not grant work authorization. However, she can do some things immigration officers don’t consider work.
- Participate in business meetings and consultations.
- Attend a convention or conference.
- Negotiate a contract.
