Ask Sophie: Any steering for altering jobs whereas on an H-1B?

Sophie Alcorn
Contributor

Sophie Alcorn is the founding father of Alcorn Immigration Regulation in Silicon Valley and 2019 International Regulation Specialists Awards’ “Regulation Agency of the 12 months in California for Entrepreneur Immigration Companies.” She connects folks with the companies and alternatives that increase their lives.

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Right here’s one other version of “Ask Sophie,” the recommendation column that solutions immigration-related questions on working at expertise corporations.

“Your questions are very important to the unfold of data that permits folks everywhere in the world to rise above borders and pursue their desires,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in folks ops, a founder or looking for a job in Silicon Valley, I might like to reply your questions in my subsequent column.”

TechCrunch+ members obtain entry to weekly “Ask Sophie” columns; use promo code ALCORN to buy a one- or two-year subscription for 50% off.


Expensive Sophie,

I’ve been on an H-1B visa with my present employer for about two years, and I need to discover a tougher place with one other firm.

At a time when extra corporations are doing layoffs, I really feel like I’m at an obstacle within the job market in contrast to some years in the past.

Are you able to please information me on altering jobs, transferring an H-1B and getting assist for my inexperienced card?

— Hopeful H-1B Holder

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Expensive Hopeful,

Congrats on taking step one towards reaching your targets. Admire you reaching out to me for steering — I’ve bought you!

The excellent news is that many corporations are hiring tech expertise. Layoffs within the tech sector — principally by the Large Tech corporations — have grabbed the information headlines since final yr. However I’ve discovered that many early-stage startups efficiently conserved money and at the moment are hiring.

Because you already went by way of the lottery course of, you gained’t must undergo it once more for an H-1B switch. Phew!

As well as, different sectors akin to healthcare, skilled and enterprise companies, authorities, and hospitality have proven robust job progress and are hiring tech expertise. What’s extra, federal laws, such because the CHIPS and Science Act of 2022 and the Infrastructure Funding and Jobs Act of 2021, will result in elevated job creation over the subsequent few years.

Turn out to be aware of your ideally suited visa and inexperienced card route, notably when pursuing a place at an early-stage startup. Usually early-stage founders and ops leaders have restricted immigration expertise, so realizing easy methods to clarify the method is invaluable to pitching your self.

Suggestions for managing your H-1B switch

You’ve already surpassed one of many greatest challenges most individuals face — being chosen for an H-1B visa by way of the annual H-1B lottery. Up to now few years, the probabilities of being chosen within the lottery have decreased considerably. Because you already went by way of the lottery course of, you gained’t must undergo it once more for an H-1B switch. Phew!

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Your job now’s to determine what it’s you need to do. What’s your dream job? Can it qualify as a specialty occupation for H-1B functions? If it’s not the subsequent pure step on a typical profession development ladder, are you able to determine the subsequent position that may be a fantastic steppingstone?

Picture Credit: Sophie Alcorn

When you’ve recognized the next move, then you might want to discover an employer keen to switch your H-1B. Develop your community and faucet into your present community for job leads. Ask potential employers early on within the job interview course of whether or not they’re keen to offer immigration assist.

In the event that they aren’t — or in the event that they hesitate — transfer on. Worldwide expertise stays extremely wanted by employers. In line with the 2023 Immigration Traits Report printed by Envoy International, 87% of employers are recruiting and hiring overseas nationwide staff within the U.S.

For an H-1B, the employer is liable for paying the prices. You may let potential employers know that an H-1B specialty occupation visa switch for a startup can sometimes be completed in a month or so, and often for lower than $10,000, together with authorized and submitting charges, which is far lower than the price of a recruiter. The method can take as little as 4 to 6 weeks from supply to start out date.

It’s undoubtedly beneficial that each one corporations work with an skilled immigration lawyer to place collectively your work visa petition. Startups or corporations which have by no means earlier than sponsored an employer or potential worker for an H-1B should first get their Federal Employer Identification Quantity (FEIN) verified by the U.S. Division of Labor’s Workplace of Overseas Labor Certification, which generally takes a couple of week.

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