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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.”
Dear Sophie:
For the past few years, our company has put very promising candidates into the annual H-1B lottery. None of them have been selected and none of them meet the requirements for other work visas like an O-1A.
My startup registered two H-1B candidates in this year’s lottery. Sadly, neither was selected.
One is my co-founder, the other is on OPT. Help! We can’t afford for them to have to leave the U.S. What are our options? Lost in Los Angeles
Dear Lost:
Take a deep breath; I’ve got your back. There are many creative immigration pathways for you, your co-founder and your F-1 OPT employee to explore. We’ll take a look at several options, and you can also check out my recent podcast in which my colleague Nadia Zaidi and I explain them in greater depth.
Sophie Alcorn Danielle Goldman
Sophie Alcorn and Danielle Goldman are experts in immigration law.
The H-1B visa process is switching from a lottery to pay-to-play, which prioritizes high earners.
While the process is in transition, Alcorn and Goldman suggest considering H-1B visa alternatives.
Although the Biden Administration s suspensions and revocations of many Trump-era immigration policies are in a legal morass right now, with the H-1B lottery quickly approaching, there s still a lot that employers and international professionals can do to take advantage of the US s current legal immigration options.
Prior to former-President Trump s departure, the Department of Homeland Security (DHS) published a final rule to modify the H-1B visa selection process: moving from a lottery to pay-to-play and replacing the current randomized system to prioritize individuals with higher relative wages.