Here’s another edit from “Dear Sophie,” the advice column that answers immigration-related questions about working at tech companies.
“Your questions are vital to the spread of knowledge that enables people around the world to cross borders and pursue their dreams,” he says. sofia alcorn, a Silicon Valley immigration attorney. “Whether you’re in people operations, a founder, or looking for a job in Silicon Valley, I would love to answer your questions in my next column.”
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Dear Sophie,
I am a co-founder of a very early stage startup. My co-founder and I are considering bringing in a third co-founder, who was recently laid off. He is currently in the United States on an H-1B with a grace period that will expire soon.
What are the fastest and least risky immigration options that we should consider? What is happening with possible increases in USCIS filing fees?
— Caring co-founder
Dear care,
It’s wonderful to hear that you are expanding your team and supporting your potential co-founder.
This is the right time to recruit international talent, as filing fees for most work visas and green cards are likely to increase later this year. The US Department of Homeland Security, which oversees US Citizenship and Immigration Services (USCIS), earlier this month issued a proposal That would substantially increase the fees for many nonimmigrant visas and reduce the premium processing time from 15 calendar days to 15 business days (approximately three calendar weeks), among other changes.
For example, the filing fee for an H-1B application (new, renewed or transferred) will increase from $460 to $780. DHS is accepting public comments on this proposal through March 6, 2023, and I urge you and other employers, particularly early-stage startups, to provide input on these changes.
first buy time
Image Credits: Juana Buniak / sofia alcorn (Opens in a new window)
Before I dive into your first question, I recommend speaking with an immigration attorney as soon as possible about the situation and timing of your potential hire. An immigration lawyer can suggest strategies tailored to your startup and aimed at mitigating risks. Calculating the grace period after a layoff can be tricky, as it involves many factors, and you want to make sure your co-founder maintains valid US status and has the proper authorization for any required international travel.
Since your prospective co-founder’s 60-day grace period is ending, you can quickly get additional time by applying online for a change of status from H-1B to B-1 as a business visitor, which will allow you to apply to remain in United States for another six months. It will also give you time to prepare an H-1B transfer request and try to change your status to an H-1B or other work visa.
Remember that the B-1 status is not a work visa and does not grant work authorization, which means that it will not be authorized to be employed by your startup. However, you can do some things that immigration officials don’t consider work, such as:
- Attend business meetings or consultations;
- Attend a convention or conference;
- Negotiate contracts.
