Sophie Alcorn Podcast

In this episode of Immigration Law for Tech Startups, I’m excited to welcome Carmen Palafox, a venture capitalist based in Los Angeles who is launching her own firm, 2045 Ventures. She is on the Board of Directors of the National Venture Capital Association (NVCA) and is a founding board member of Latinx VC, a group of experienced venture capitalists who connect, engage, and foster the Latinx VC ecosystem.

Carmen offers up her invaluable advice and best practices for startup founders, including Dreamers, who are seeking investment capital.

Carmen describes herself as a “generalist investor,” which means that “I am industry agnostic,” she explains. That said, she gets most excited about startups in fintech, climate tech, ed tech, and healthcare. “And I’m not afraid of hardware,” she adds.

Most recently a partner at MiLA (Make in LA) Capital, which focuses on hardware startups, Carmen is starting 2045 Ventures based on the thesis of diversity. “Diverse teams outperform non-diverse teams,” she says. “Diverse perspectives bring more opportunity to the table. Diverse founders are able to build relevant products and services that expand to reach broader communities. Diverse perspectives and networks will capture more of the market.”

2045 Ventures will invest in pre-seed, bridge, and seed 1 stage companies. Carmen anticipates investing in about seven companies a year. “That’s not a lot,” she acknowledges.

“Fifty-eight percent of the startups I’ve invested in have immigrant founders on their founding team,” Carmen says. “I’m very passionate about immigration reform,” That’s why “it’s imperative for the U.S. to have a startup visa to remain competitive. We as a country should be trying to retain high growth startups. The multiplier effect startups have [on job creation] is 5x.”

Please share this episode with any startup founders or entrepreneurs who can benefit from it. Reach out to us if we can help you determine your immigration options whether you’re in the U.S. or abroad.

• How Carmen defines pre-seed, bridge, and stage 1 funding and evaluates risk.
• Why venture capitalists have their own lingo when it comes to funding amounts and investment timing
• What Alexandra Rasch, the founder of Caban Systems, is doing that proves Carmen’s investment thesis for her new firm
• How the expanded movement for racial equality has impacted investment priorities among VCs
• Whether international startup founders should remain in their home country or come to the U.S.
• Why VC investment into the U.S. continues to decline
• What the U.S. needs to do to support diverse founders and startups
• Carmen’s advice to startup founders, including Dreamers, who are seeking funding
• The best practices for founders when pitching investors

Don’t miss my upcoming conversations with other top Silicon Valley venture capitalists, startup founders, professors, futurists, and thought leaders on Immigration Law for Tech Startups. Subscribe to this podcast on Apple Podcasts, Google Podcasts, Spotify, Stitcher, or whatever your favorite platform is. We appreciate your ratings and reviews of this podcast.

Enroll in Alcorn’s Extraordinary Ability Bootcamp to learn the best practices for securing the O-1A visa, EB-1A green card, or the EB-2 NIW (National Interest Waiver) green card—the top options for startup founders. Use promo code ILTS for 20% off the enrollment fee.

Immigration Law for Tech Startups:

• Episode 3: The Different Types of Nonimmigrant Visas
• Episode 11: Your Startup’s First H-1B
• Episode 14: Visas & Green Cards Based on Past Accomplishments
• Episode 16: E-2 Visa for Founders and Employees
• Episode 31: H-1B Nitty Gritty #2: H-1B Transfer for Startup Founders

Alcorn Immigration Law’s page on:

• H-1B Visa for Specialty Occupations
• O-1A Visa for Extraordinary Ability
• EB-1A Extraordinary Ability Green Card
• EB-2 NIW (Exceptional Ability with National Interest Waiver)
• Deferred Action for Childhood Arrivals (DACA)

Get Alcorn’s Immigration Law for Tech Startups eBook

***

EPISODE CREDITS:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com

In this episode of Immigration Law for Tech Startups, I discuss the immigration-related due diligence process for startups. It’s very important for international founders, international tech talent, and investors to know about devising immigration strategies for founders and top talent and ongoing compliance with immigration laws.

During the due diligence process, potential investors investigate the company they’re looking to invest in or acquire, documenting all the current and prospective risks, such as business operations, finances, intellectual property, sales, and potential litigation. If they don’t already, all angel investors, VCs, founders and key talent need to consider the immigration situation of everyone at the startup as part of due diligence.

Startups should make sure their employees have the legal ability to live and work in the location they want the work to be done, whether it’s in the United States or elsewhere. In the U.S., a startup potentially faces egregious fines and penalties for employees who are not legally allowed to work. Plus, those individuals risk being deported or spending several months or even years in a deportation trial for violating immigration laws, away from focusing on the work of growing the startup.

Please share this episode with any investors or startup founders who can benefit from it. Reach out to us if we can help you determine your immigration options whether you’re in the U.S. or abroad.

• The three phases of due diligence
• Devising immigration strategies for international founders and top talent to ensure ongoing compliance with immigration laws—and make sure these individuals can remain in the U.S.
• The immigration-related questions investors should ask during due diligence
• What investors should know about the potential impact of their investment on the immigration status of an international founder or key talent
• The practical and financial implications for certain visas and green cards
• The benefits of establishing a company immigration policy
• I-9 compliance and inspections

Don’t miss my upcoming conversations with top Silicon Valley venture capitalists, startup founders, professors, futurists, and thought leaders on Immigration Law for Tech Startups. Subscribe to this podcast on Apple Podcasts, Google Podcasts, Spotify, Stitcher, or whatever your favorite platform is. We welcome your rating and review of this podcast. Thank you!

Immigration Law for Tech Startups:

• Episode 3: The Different Types of Nonimmigrant Visas
• Episode 11: Your Startup’s First H-1B
• Episode 14: Visas & Green Cards Based on Past Accomplishments
• Episode 15: Extraordinary Ability Bootcamp
• Episode 16: E-2 Visa for Founders and Employees
• Episode 31: H-1B Nitty Gritty #2: H-1B Transfer for Startup Founders
• Episode 37: What is Startup Founder Immigration

Alcorn Immigration Law’s page on:

• H-1B Visa for Specialty Occupations
• O-1A Visa for Extraordinary Ability
• Employment Green Cards
• Deferred Action for Childhood Arrivals (DACA)
• OPT and STEM OPT
• I-9 Inspections

Register for Alcorn’s Extraordinary Ability Bootcamp to learn the best practices for securing the O-1A visa, EB-1A green card, or the EB-2 NIW (National Interest Waiver) green card—the top options for startup founders. Use promotion code ILTS for 20% off the enrollment fee.

Get Alcorn’s Immigration Law for Tech Startups eBook

***

EPISODE CREDITS:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com 

In this episode of Immigration Law for Tech Startups, I’m thrilled to be joined by my trusted colleague and longtime friend Lindsey Mignano, founding partner of Smith Shapourian Mignano, a corporate law firm based in San Francisco that focuses on startups. We often assist each other’s startup clients with corporate structuring and immigration matters.

Today, Lindsey shares her vast expertise in establishing and structuring startups and her insights on industry trends and the best strategies for raising funds, taking on investors, and growing a startup.

Lindsey says investment activity is returning after coming to a screeching halt during the early weeks of the COVID-19 pandemic. She cited a recent study by First Republic Bank that found that 70% of investors are growing more comfortable deploying Series A or larger investments without an in-person meeting. This greater flexibility among venture capitalists also signals greater comfort with remote founders. Previously, investors would require an in-person meeting, as well as require the founding team to immigrate to the U.S. as a condition for funding. But with COVID-19 and given that working remotely has gone well since March, investors are becoming “location-agnostic,” Lindsey says.

Although investment activity has resumed, Lindsey points out that smaller pre-seed and seed funds are expected to do fewer deals this year, and larger funds are contracting slightly in this tough economy. Based on her firm’s clients, “we’ve found that those startups that can afford to bootstrap are taking the time to do that now because the practical reality is that COVID is throwing their business metrics and milestones off,” she says. “So, they’re taking time to regroup, reorganize, figure out how they can meet milestones before presenting new data to potential investors. I would say that’s wise, not only because of the COVID-19 world we’re living in, but because this is an acquirer-friendly, investor-friendly negotiating environment. It’s not a startup-friendly financing environment”

Lindsey also pointed to a memo that Sequoia Capital sent to its founders and CEOs during the early days of COVID-19 before shelter-in-place became a reality that all startup founders should use as a guide to ensure the health of their business.

Please share this episode with any startup founders or entrepreneurs who can benefit from it. Reach out to us if we can help you determine your immigration options whether you’re in the U.S. or abroad.

• The best practices for structuring and forming your startup—and where—to attract U.S. investors whether you’re in the U.S. or abroad
• The difference between a Delaware C corp and a Delaware S corp
• What a Delaware flip is
• The best place to establish your startup
• How long and how much it will typically cost to establish your startup in the U.S.
• How pre-seed, Avocado seed, seed, and Series A funding is defined in the U.S.
• Why you should specify the investment in dollars that your startup is seeking
• Funding trends that have developed during the COVID-19 pandemic
• The best practices for structuring a startup if a co-founder is on an H-1B visa
• How salaries for founders and top executives should figure into fundraising
• The difference between a safe note and a price round
• The best strategies for raising capital, getting the best deals—and closing them quickly
• When do investors expect a seat on the board of your startup
• Rookie mistakes to avoid when working with venture capitalists and other investors
• What startup founders need to know about California wage and hour laws

Don’t miss my upcoming conversations with other top Silicon Valley venture capitalists, startup founders, professors, futurists, and thought leaders on Immigration Law for Tech Startups. Subscribe to this podcast on Apple Podcasts, Google Podcasts, Spotify, Stitcher, or whatever your favorite platform is. Please rate and review this podcast. Thank you!

Top 5 Business & Immigration Tips for Global Founders handout

Sequoia Capital’s Black Swan memo from March 5, 2020

Immigration Law for Tech Startups:

• Episode 3: The Different Types of Nonimmigrant Visas
• Episode 11: Your Startup’s First H-1B
• Episode 14: Visas & Green Cards Based on Past Accomplishments
• Episode 15: Extraordinary Ability Bootcamp
• Episode 16: E-2 Visa for Founders and Employees
• Episode 31: H-1B Nitty Gritty #2: H-1B Transfer for Startup Founders

Alcorn Immigration Law’s page on:

• H-1B Visa for Specialty Occupations
• O-1A Visa for Extraordinary Ability
• EB-1A Extraordinary Ability Green Card
• EB-2 NIW (Exceptional Ability with National Interest Waiver)

Register for Alcorn’s Extraordinary Ability Bootcamp to learn the best practices for securing the O-1A visa, EB-1A green card, or the EB-2 NIW (National Interest Waiver) green card—the top options for startup founders. Use promotion code ILTS for 20% off the enrollment fee.

Get Alcorn’s Immigration Law for Tech Startups eBook

***

EPISODE CREDITS:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com 

In this episode of Immigration Law for Tech Startups, I proudly unveil the details of Alcorn Immigration Law’s new Extraordinary Ability Bootcamp, an online course.

In my previous “Extraordinary Ability Bootcamp” podcast episode, I discussed the O-1A nonimmigrant visa for extraordinary ability, the EB-1A extraordinary ability green card, and the EB-2 NIW (National Interest Waiver for exceptional ability) green card.

The O-1A, EB-1A, and EB-2 NIW are great for startup founders and entrepreneurs, tech and biotech talent, researchers and scientists, business professionals and educators, and of course, the companies who sponsor these individuals. What’s more, the EB-1A and EB-2 NIW green cards don’t require a company sponsor, which means individuals can file their own petition for these green cards.

The Extraordinary Ability Bootcamp will take a deep dive into these visa and green card categories—and what it takes to file a successful petition in one of these categories. A 15-module online course, the Extraordinary Ability Bootcamp consists of videos and supplemental material designed to give you the tools to assess whether you currently qualify for any of these extraordinary ability categories—or what you need to do to get there—as well as best practices. This course is the culmination of synthesizing the Alcorn team’s decades of experience in immigration law, the lessons learned from the thousands of successful O-1A, EB-1A, and EB-2 NIW cases, and our interactions with U.S. Citizenship and Immigration Services (USCIS) officers.

Register now for the Extraordinary Ability Bootcamp! Use promotion code ILTS for 20% off the enrollment fee.

The Extraordinary Ability Bootcamp is designed to give everyone in the world a chance to live their dreams. Please share this episode with anyone you think will benefit from it. Please reach out to us if we can help you live your dreams.

• The Extraordinary Ability Bootcamp in more detail and what you can expect to get from it
• Who would benefit from the Extraordinary Ability Bootcamp course
• The basics of the O-1A extraordinary ability nonimmigrant (temporary) visa, the EB-1A extraordinary ability green card, and the EB-2 NIW (National Interest Waiver for exceptional ability)
• How we decide whether the O-1A, the EB-1A or the EB-2 NIW
• Examples of the topics that will be covered during the boot camp course
• How the bootcamp can help you
• How much goes into making the legal argument for immigration cases

Tune in this fall, when a star-studded list of Silicon Valley venture capitalists, startup founders, professors, futurists, and thought leaders will join me on Immigration Law for Tech Startups to share their stories and offer their expertise. In the meantime, upcoming podcast topics include citizenship and naturalization and tips for speeding up your immigration case.

Remember to subscribe to Immigration Law for Tech Startups on Apple Podcasts, Google Podcasts, Spotify, Stitcher, or your preferred platform so you don’t miss an episode. Please let us know what you think of the podcast. Your reviews are greatly appreciated.

Immigration Law for Tech Startups:

• Episode 14: Visas & Green Cards Based on Past Accomplishments
• Episode 15: Extraordinary Ability Bootcamp

Alcorn Immigration Law’s page on:

• O-1A, EB1-A, & EB-2 NIW: Visas & Green Cards Based on Past Accomplishment
• O-1A Visa for Extraordinary Ability
• EB-1A Extraordinary Ability Green Card
• EB-2 NIW (Exceptional Ability with National Interest Waiver)

Get Alcorn’s Immigration Law for Tech Startups eBook

***

EPISODE CREDITS:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com 

In this episode of Immigration Law for Tech Startups, I share some of the immigration strategies that we have used to help startup founders successfully come to or remain in the U.S. to create or grow their startups. Unlike other countries looking to spur innovation and job creation within their borders, the United States does not have a startup visa. So, startup founders must work within the existing immigration framework and find a visa or green card that best fits their situation and goals.

Most of the startup founder clients we work with are in the U.S. on a nonimmigrant visa, such as B-1/B-2 visitors for business or pleasure, F-1 for students, J-1 for researchers, L-1, TN, H-1B, or O-1. Many of those individuals on an H-1B were born in China or India and are facing long waits for green cards due to annual numerical and per-country caps, but are itching to start their own companies.

Whether inside or outside the U.S., startup founders can self-petition for an EB-1A extraordinary ability green card or EB-2 NIW (National Interest Waiver) exceptional ability green card. I’ll delve deep into how to qualify and succeed in getting one of these green cards or the O-1 exceptional ability visa during my Extraordinary Ability Bootcamp. Register to receive updates! Use promotion code ILTS for 20% off the enrollment fee.

Although the current realities with the halt to issuing some visas and most green cards to individuals outside the U.S. and travel restrictions are discouraging, immigration is still possible. Please share this episode with any startup founders or entrepreneurs who can benefit from it. Reach out to us if we can help you determine your immigration options whether you’re in the U.S. or abroad.

• The visas and green cards offering the best options for startup founders
• Doing a cost-benefit analysis when evaluating visa and green card options
• Options for startup founders in the U.S. on ESTA or a B-1 visitor visa for business
• The prospects for startup founders to come to the U.S. on a B-1 visitor visa
• Options for startup founders who qualify for an E-2 treaty investor visa
• Why the H-1B has become a more affordable and less risky option for startup founders—and remains available to startup founders abroad
• Why the O-1 may be easier for startup founders to get than an H-1B
• Strategies for F-1 student on OPT or STEM OPT to start a company
• Why startup founders outside the U.S. should pursue an EB-1A or EB-2 NIW green card now even though the issuance of green cards abroad remains at a standstill

Don’t miss my upcoming conversations with top Silicon Valley venture capitalists, startup founders, professors, futurists, and thought leaders on Immigration Law for Tech Startups. These Silicon Valley experts will share their stories and offer their insights. 

Remember to subscribe to Immigration Law for Tech Startups on Apple Podcasts, Google Podcasts, Spotify, Stitcher, or your preferred platform so you don’t miss an episode. Please let us know what you think of the podcast. Your reviews are greatly appreciated!

Immigration Law for Tech Startups:

• Episode 2: 2020 H-1B Lottery Update
• Episode 3: The Different Types of Nonimmigrant Visas
• Episode 9: What Makes a Strong H-1B Petition
• Episode 11: Your Startup’s First H-1B
• Episode 14: Visas & Green Cards Based on Past Accomplishments
• Episode 15: Extraordinary Ability Bootcamp
• Episode 16: E-2 Visa for Founders and Employees
• Episode 24: Trump Executive Order H-1B L-1 J-1 Visa Ban
• Episode 30: H-1B Nitty Gritty #1: H-1B Transfer for Startup Founders
• Episode 31: H-1B Nitty Gritty #2: H-1B Transfer for Startup Founders

Alcorn Immigration Law’s page on:

• B-1 Business Visitor Visa
• E-2 Visa for Treaty Investors
• H-1B Visa for Specialty Occupations
• O-1A Visa for Extraordinary Ability
• EB-1A Extraordinary Ability Green Card
• EB-2 NIW (Exceptional Ability with National Interest Waiver)

Get Alcorn’s Immigration Law for Tech Startups eBook

***

EPISODE CREDITS:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com 

In this episode of Immigration Law for Tech Startups, I discuss seven options you can potentially use to speed up a decision on your case.

Not all of the seven options I discuss in this episode may apply to your case. Many of these options only apply to individuals currently residing in the U.S. since consular processing remains stalled in many countries due to presidential proclamations, COVID-19, and travel restrictions. I recommend discussing these options with your immigration lawyer if you need a quick decision on your immigration matter.

Keep in mind that talking directly with a U.S. Citizenship and Immigration Services (USCIS) officer to explain your situation and why you need to get a decision on your case can make a huge difference. Oftentimes people forget that USCIS officers are just like us: compassionate and understanding individuals who have children and families that they care about. We have found that if you need to get your case expedited, USCIS officials are open to discussing your situation and taking that into consideration.

The seven ways to expedite your case are:

1. Applying for premium processing
2. Filing an expedite request
3. Setting up an interview with a USCIS official at your local USCIS field office
4. Submitting a service request to USCIS
5. Requesting a congressional inquiry
6. Registering a request for case assistance from the USCIS ombudsman
7. Filing a Writ of Mandamus in federal court

I discuss each option in more detail, including when and how to pursue each option, and what to expect. Please reach out to the Alcorn Immigration Law team if we can assist you with your case.

In this episode, you’ll hear about:

• How to check USCIS processing times for cases like yours
• How to get a status update on your case from USCIS
• What is premium processing, when you can use it, and what you should be aware of if you do use it
• What is an expedite request, how to qualify, how to start one, and what to expect
• How to make an appointment to meet with a USCIS officer to discuss your situation, how to make your case, and what to expect
• What is a service request, how to file one, and what to expect
• What is a congressional inquiry, how to start one, and what to expect
• What is a request for case assistance, how to file one, and what to expect
• What is a Writ of Mandamus, when to file one, and what to expect

Starting this month, a star-studded list of Silicon Valley venture capitalists, startup founders, professors, futurists, and thought leaders will join me on Immigration Law for Tech Startups to share their stories and expertise.

Don’t miss out on these exciting episodes. Subscribe to Immigration Law for Tech Startups on Apple Podcasts, Google Podcasts, Spotify, Stitcher, or your preferred platform. And please let us know what you think of the podcast. We appreciate your ratings and reviews. Please remember to share this episode with anyone you think can benefit from it.

Resources:

USCIS pages on:

• Case Processing Times
• Tools and Resources page, which includes creating a USCIS online account and checking the status of your case online
• Filing an electronic request for case status or service
• USCIS Contact Center
• Premium Processing
• How to Make an Expedite Request

List of U.S. Senators and finding your U.S. Representative

U.S. Department of Homeland Security’s Office of the Citizenship and Immigration Services Ombudsman

Alcorn Immigration Law’s page on Writ of Mandamus

Get Alcorn’s Immigration Law for Tech Startups eBook

***

EPISODE CREDITS:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com 

In this episode of Immigration Law for Tech Startups, I’m joined by my law partner, Anita Koumriqian, an expert in family immigration law. In this first of two episodes on U.S. citizenship, we’ll discuss citizenship through the naturalization process for adults 18 years or older. Next time, we’ll discuss certificates of citizenship and the automatic acquisition of citizenship for children under the age of 18.

Before we get into the highlights of this episode, we’re pleased to share some great news: U.S. Citizenship and Immigration Services (USCIS) announced on Aug. 25, 2020, that it canceled plans to furlough more than 13,000 employees on Aug. 31, 2020, averting a massive slowdown of visa, green card, and citizenship processing.

What’s more, USCIS has resumed naturalization interviews (our team just handled several remotely for clients across the country) and naturalization ceremonies. In fact, the USCIS San Jose field office has held a naturalization ceremony in its parking lot, with individuals taking the Oath of Allegiance from their cars. Green card interviews are also expected to restart soon.

The resumption of green card interviews is particularly good news for individuals who want to earn all the benefits and responsibilities that come with U.S. citizenship. That’s because you must have a green card for at least five years—or three years if married to a U.S. citizen—before you’re eligible to submit a naturalization application. Additional residency and physical presence requirements also apply, which we discuss in detail in this episode.

During election years, USCIS typically steps up processing for naturalization applications. However, the backlog of naturalization applications has skyrocketed in the past four years, which has meant processing times are about double what they were previously. Unfortunately, COVID-19-related measures have also contributed to slowing down the process.

Please reach out to the Alcorn Immigration Law team if we can assist you with the naturalization process or any other immigration matter.

In this episode, you’ll hear about:

• What to consider before taking the steps to become a U.S. citizen, including dual citizenship, responsibilities of citizenship, and timing
• All the requirements for becoming a U.S. citizen through the naturalization process
• What to expect from the naturalization application process, including typical USCIS processing times
• What to expect at your citizenship interview
• Sample questions that are on the English and civics tests given at citizenship interviews
• What to expect when taking the Oath of Allegience at a naturalization ceremony
• When you can apply for a U.S. passport

Don’t miss the next episode on certificates of citizenship by subscribing to Immigration Law for Tech Startups on Apple Podcasts, Google Podcasts, Spotify, Stitcher, or your preferred platform. Let us know what you think of the podcast; your ratings and reviews are greatly appreciated. And please share this episode with anyone you know who may be contemplating U.S. citizenship.

Tune in this fall, when a star-studded list of Silicon Valley venture capitalists, startup founders, professors, futurists, and thought leaders will join me on Immigration Law for Tech Startups to share their stories and offer their expertise.

Resources:

Alcorn Immigration Law’s page on:

• Citizenship Through Naturalization
• Employment Green Cards
• Family Green Cards

Get Alcorn’s Immigration Law for Tech Startups eBook

***

EPISODE CREDITS:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com 

In this episode of Immigration Law for Tech Startups, I’m joined by Amenah Keshari, an associate attorney at Alcorn Immigration Law. We discuss the two-year home residency requirement that applies to some J-1 Educational and Cultural Exchange Visa holders, as well as who qualifies for a waiver to this requirement and how to apply.

As I discussed in the previous episode All About the J-1 Exchange Visa, the J-1 visa is intended for people from around the globe to work or study temporarily in the U.S. and then take their newly acquired knowledge, skills, and appreciation of American culture back to their home country. However, some of these individuals are subject to Section 212(e) of the Immigration and Nationality Act, which requires some J-1 visa holders to return to their home country for at least two years after their J-1 program ends. Moreover, these individuals cannot change to an H-1B or any other H visas, a K-1 Fiancé(e) Visa or L-1 visas for intracompany transferees while in the U.S. or apply for any of these visas from their home country.

Typically, the J-1 program sponsor and the consulate officer who conducts the J-1 interview informs J-1 program participants they will be subject to the two-year home country residency requirement. The J-1 visa passport foil also shows whether or not you are subject to 212(e). Some participants may qualify for a waiver to this two-year residency requirement and remain in the U.S.

Applying for a 212(e) waiver may appear straightforward. Oftentimes, however, determining the best legal argument for the waiver is anything but. We recommend consulting an experienced immigration attorney to discuss the best approach to filing a waiver and your long-term immigration goals.

In this episode, you’ll hear about:

• An overview of the two-year foreign residence requirement that applies to some J-1 visa holders once their exchange program ends.
• Which J-1 visa holders and subject to the two-year foreign residence requirement.
• The five categories of waivers to the two-year foreign residence requirement and examples.
• What to expect when applying for a waiver, including processing time.
• Best practices for applying for a waiver.
• The visas you may be eligible to apply for from your home country even if you are subject to the two-year foreign residence requirement.
• Strategies for meeting the two-year foreign residence requirement while continuing to work or study in the U.S.

This fall, a star-studded list of Silicon Valley venture capitalists, startup founders, professors, futurists, and thought leaders will join me on Immigration Law for Tech Startups to share their immigration experiences and success stories. In the meantime, upcoming podcast topics include citizenship and naturalization and tips for speeding up your immigration case.

Remember to subscribe to Immigration Law for Tech Startups on Apple Podcasts, Google Podcasts, Spotify, Stitcher, or your preferred platform. And please let us know what you think of the podcast; your reviews are greatly appreciated. Please share this episode with anyone you think can benefit from it.

Resources:

Immigration Law for Tech Startups:

• Episode 33: All About the J-1 Exchange Visa
• Episode 24: Trump Executive Order - H-1B, L-1, J-1 Visa Ban
• Episode 12: The Visa Options All Recruiters Should Know
• Episode 3: The Different Types of Nonimmigrant Visas

Alcorn Immigration Law’s page on

• J-1 Educational and Cultural Exchange Visa
• J-1 Waiver of 2-Year Foreign Residency Requirement
• H-1B Visa for Specialty Occupations
• Other H visas
• K-1 Fiancé(e) Visa
• L-1 visas for intracompany transferees

Get Alcorn’s Immigration Law for Tech Startups eBook

***

EPISODE CREDITS:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com 

I’m excited to announce that over the next few months, a star-studded list of Silicon Valley venture capitalists, startup founders, professors, futurists, and thought leaders will join me on Immigration Law for Tech Startups to share their immigration experiences and expertise. Make sure you don’t miss an episode by subscribing to Immigration Law for Tech Startups wherever you get your podcasts.

In this episode of Immigration Law for Tech Startups, I discuss the J-1 Educational and Cultural Exchange Visa. The J-1 visa is intended for people from around the globe to work or study temporarily in the U.S. and then take their newly acquired knowledge, skills, and appreciation of American culture back to their home country. 

When their visa expires, some J-1 visa holders must return to their home country for at least two years. In the next episode (Episode 34) of this podcast, I’ll discuss who qualifies and how to file a waiver to this two-year residency requirement to remain in the U.S.

Silicon Valley employers often use the J-1 visa to hire researchers, trainees, and interns, which can be done at any time of the year without worrying about quotas or lotteries. One of the biggest benefits of the J-1 visa for its holders is that their spouse can get a work permit, which is rare among nonimmigrant visas. To find out more, take a listen.

• How the J-1 visitor exchange program works.
• An overview of the J-1 visitor exchange program categories and the maximum stay allowed by some of the programs.
• The benefits and drawbacks of the J-1 visa.
• How best to evaluate whether a J-1 visa fits into your immigration strategy and how best to use it to meet your goals.
• The role the U.S. Department of State plays in J-1 visitor exchange program.
• Applying from your home country outside the U.S. versus applying while living in the U.S.
• The requirements for employers, program sponsors, and J-1 visa program participants.
• When it makes sense for companies to become a State Department-designated J-1 program sponsors or simply go through an existing program sponsor to hire a J-1 candidate.
• Which J-1 program category participants are still eligible J-1 visas under the Trump H-1B, J, and L-1 visa ban.

Don’t miss the next episode on how to get a waiver for the J-1 two-year residency requirement or my upcoming interviews with the best and brightest minds in Silicon Valley. Remember to subscribe to Immigration Law for Tech Startups on Apple Podcasts, Google Podcasts, Spotify, Stitcher, or your preferred platform for podcasts. Your reviews are greatly appreciated.

Please share this episode with anyone you think can benefit from it. We appreciate you spreading this knowledge and assisting us with empowering individuals to live their dreams. 

Immigration Law for Tech Startups:

• Episode 24: Trump Executive Order - H-1B, L-1, J-1 Visa Ban
• Episode 12: The Visa Options All Recruiters Should Know
• Episode 3: The Different Types of Nonimmigrant Visas

Alcorn Immigration Law’s page on

• J-1 Educational and Cultural Exchange Visa
• J-1 Waiver of 2-Year Foreign Residency Requirement

Get Alcorn’s Immigration Law for Tech Startups eBook

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EPISODE CREDITS:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com 

In this episode, I discuss what tech companies should know about sponsoring an employee or prospective employee for an EB-1B green card for outstanding professors and researchers.

The EB-1B green card is used less frequently in the startup world than other employment-based green cards, but it offers a great opportunity for agtech, biotech, and pharma companies to attract researchers from academia or elsewhere or retain them.

EB-1 green cards—or employment-based first preference green cards—offer much shorter wait times than the EB-2 or EB-3 green card for individuals from China and India. More EB-1A, EB-1B, EB-1C green cards become available toward the end of the fiscal year on Sept. 30, since any unused employment-based green cards in other categories roll over to the EB-1 category.

In this episode, you’ll hear about:

• The benefits of the EB-1B green card for tech employers and employees
• Why employers should use immigration as an employee benefit
• Requirements for employers looking to sponsor an individual for an EB-1B green card
• What it takes to present a strong petition for an EB-1B green card
• Factors to consider when deciding whether to use consular processing, adjustment of status, sequential or concurrent filing
• What to expect in terms of processing times

Please share this podcast episode with anyone you think can benefit from it. We appreciate you spreading this knowledge and helping to empower individuals to live their dreams.

Resources:

Immigration Law for Tech Startups

• Episode 4: An Overview of the Green Card Process
• Episode 28: All About Priority Dates

Alcorn Immigration Law’s page on employment-based green cards

Alcorn Immigration Law’s blog post on “How Does the Visa Bulletin Work?”

Get Alcorn’s Immigration Law for Tech Startups eBook

***

EPISODE CREDITS:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world.

Find out more at https://emeraldcitypro.com