Sophie Alcorn Podcast

In this episode, I tackle the question we most frequently get asked: How do I transfer my H-1B with my current employer to the startup I want to create?

I love supporting startup founders because it magnifies the world of possibilities. When startup founders create technologies that save lives or change businesses, their positive effects spiral upward and outward. As a founder myself, I’m passionate about helping other founders devise an immigration strategy that allows them to create the companies they dream of starting without jeopardizing their H-1B status or chances of getting a green card.

Once your startup has laid the groundwork for transferring your H-1B to your startup, you could be just months away from focusing full time on making your dream a reality.

In this episode, you’ll hear about:

• Issues to consider before, during, and after pursuing the H-1B transfer process
• What does and doesn’t qualify as authorized work the H-1B with your current employer
• What you can and cannot do at your startup until your H-1B transfer to your startup is approved
• What issues you will need to discuss with your co-founders, your executives, your corporate attorney, and prospective investors
• How to structure your startup and your position within your startup to maximize the chances that U.S. Citizenship and Immigration Services (USCIS) will approve your H-1B transfer
• How long the H-1B transfer process typically takes

Resources:

Alcorn Immigration Law’s page on the H-1B Visa for Specialty Occupations

Immigration Law for Tech Startups episodes on H-1B:

Episode 12: The Visa Options All Recruiters Should Know

Episode 11: Your Startup’s First H-1B

Episode 9: What Makes a Strong H-1B Petition

Episode 2: 2020 H-1B Lottery Update

Episode 25: RFE’d Now What?

Episode 30: H-1B Nitty Gritty [ADD LINK WHEN POSTED]

Green cards that don’t require an employer sponsor:

• EB-1A
• EB-2 NIW

Get the 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, I discuss the nitty-gritty details of transferring an H-1B visa from one employer to another, as well as extending an H-1B and filing an amendment to an H-1B.

The current moratorium on the issuance of new H-1B visas to most individuals outside of the U.S. has no impact on H-1B transfers, extensions, or amendments. Even if an individual is outside of the United States, if that individual has a valid H-1B visa, an employer could transfer and extend that individual’s H-1B under certain conditions.

Eventually, consular processing for visas and green cards will resume. And the current moratoriums on not only H-1B visas but also J-1 and L-1 visas and green cards for individuals residing outside of the U.S. could end next year, depending on the results of this fall’s presidential election.

In the meantime, keep in mind that the changes brought about by the coronavirus pandemic and the shifting immigration policy under the current administration open up new opportunities for startups, small businesses, and recruiters to secure top foreign talent.

In this episode, you’ll hear about:

• What employers and recruiters should know about recruiting top talent away from another employer through the H-1B transfer process
• Conditions under which an employer can hire an individual who is currently outside the U.S., but whose H-1B visa from a previous employer remains valid
• The difference between cap-subject and cap-exempt H-1Bs
• Concurrent H-1Bs
• Best practices for transferring an H-1B
• Options for extending an employee’s H-1B
• What changes or situations may require employers to file an H-1B amendment on behalf of their H-1B employee

Resources:

Alcorn Immigration Law’s page on the H-1B Visa for Specialty Occupations

Immigration Law for Tech Startups:

Episode 12: The Visa Options All Recruiters Should Know

Episode 11: Your Startup’s First H-1B

Episode 9: What Makes a Strong H-1B Petition

Episode 2: 2020 H-1B Lottery Update

Episode 25: RFE’d Now What?

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 on sponsoring employees or prospective employees for PERM green cards, I’m joined by Alcorn Immigration Law associate attorney Amenah Keshari, who focuses on business immigration law.

But before we get into the ins and outs of PERM, we’re happy to share the latest news that the Trump administration has backed down from placing restrictions on international students taking online classes thanks to lawsuits filed by Harvard and MIT, states, and other universities. We are also excited to announce that Alcorn Immigration Law and Pranos.ai have joined forces to launch Community for Global Innovation, a nonprofit initiative where tech companies can make a pledge to support diversity hiring regardless of country of birth or citizenship and students can get involved.

Now, for the ins and outs of PERM, which is required of the most common employment-based green cards. Employers who want to sponsor an employee or prospective employee for any of the following green cards must get a PERM labor certification approved by the U.S. Department of Labor before filing a green card petition with U.S. Citizenship and Immigration Services:

• EB-2 green card for individuals with an advanced degree
• EB-2 green card for individuals with exceptional ability
• EB-3 green card for skilled workers, professionals, and other workers

The PERM Labor Certification is a time-intensive process aimed at protecting opportunities, wages, and working conditions of U.S. workers. Because PERM will determine whether you can move forward with pursuing an EB-2 or EB-3 green card for your employee or prospective employee, we recommend working with an experienced immigration lawyer.

In this episode, you’ll hear about:

• What is PERM labor certification and why it’s called PERM
• Find out how long the PERM process typically takes
• Deadlines and timing issues
• Steps required for PERM
• How to strategically prepare for the PERM process
• Best practices, particularly for startups
• Why you should work with an experienced immigration attorney
• What you can do if PERM is denied
• What to do after PERM is approved
• How to increase an employee or prospective employee’s chances of getting PERM and a green card
• Under what circumstances a new PERM would need to be filed for an employee

Resources mentioned:

Immigration Law for Tech Startups Episode 4: An Overview of the Green Card Process

Alcorn Immigration Law’s page on employment-based 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 

Alcorn Immigration Law partner Anita Koumriqian joins me for this episode on green card priority dates.

The government caps not only the number of green cards issued each year, but also the number of green cards allotted to countries of origin—except for green cards for a U.S. citizen’s spouse, parents, and unmarried children under 21. Due to these numerical and per-country caps, the demand in some green card categories from individuals born in some countries far exceeds the annual supply. 

For green card categories and countries of birth that are backlogged, your priority date determines your place in line for a green card. The monthly Visa Bulletin shows which green card categories and countries of birth are currently available, which priority dates have reached the front of the line, and which priority dates must still wait in line.

We discuss how all of this works in more detail and share strategies that could allow you to shorten your wait time for a green card.

• What determines your priority date
• How to read the monthly Visa Bulletin
• Why the wait times for some green cards is decades-long
• What happens when you change jobs while waiting for an employer-sponsored green card
• The fastest family-based green card categories
• The fastest employment-based green card categories for individuals born in China and India
• Ways to speed up the green card process
• What to do given that embassies and consulates remain closed due to COVID-19 and the executive proclamation that suspended the issuance of green cards abroad

How Does the Visa Bulletin Work?

https://www.alcorn.law/immigration/how-does-the-visa-bulletin-work/

Family-based green cards

https://www.alcorn.law/what-we-do/family-green-cards/

Employment-based green cards

https://www.alcorn.law/what-we-do/employment-based-visas/

Diversity green card

https://www.alcorn.law/diversity-visa/

Get the Immigration Law for Tech Startups eBook

https://witty-author-184.ck.page/56ccd401fc

***

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’m joined by Alcorn Immigration Law associate attorney Cori Farooqi, who often accompanies our clients to their interviews at U.S. Citizenship and Immigration Services (USCIS) offices.

Anyone applying for a visa or green card at a U.S. embassy or consulate or anyone applying for a green card or for citizenship from within the U.S. at a USCIS office must be interviewed by a government official.

The Trump administration has halted the issuance of all green cards, H-1B, J-1, and L-1 visas at all embassies and consulates at least through the end of 2020. Embassies and consulates have closed since March to all routine visa applications due to COVID-19, and the timetable for reopening will be made by each embassy and consulate based on its situation and layout.

USCIS reopened its offices in early June, but some offices have since closed or changed hours. The most up-to-date list of closed offices is here. The office closures due to the COVID-19 crisis and the agency’s current budget woes mean interviews are severely backlogged. Currently, USCIS offices are prioritizing citizenship interviews.

It’s still possible to get visas and green cards. Reach out to the Alcorn Immigration Law team if we can help.

In this episode, you’ll hear about:

• How interviews are scheduled at a consular or USCIS office
• When you can bring an immigration attorney with you
• What to bring to the interview
• What to expect at an interview at a U.S. embassy, consulate or USCIS office
• What type of questions you’ll be asked
• How long a typical interview lasts
• The best way to prepare for an interview
• Changes due to COVID-19
• When you will find out whether your petition has been approved or denied

Resources mentioned:

Alcorn Immigration Law’s pages on green cards:

• Family-based green cards
• Employment-based green cards
• Diversity green cards
• Citizenship through naturalization

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 

This episode of Immigration Law for Tech Startups was recorded before the Trump administration’s July 6, 2020 directive that requires international students on F-1 and M-1 visas to take at least one in-person class in the fall or lose their visa status and be forced to leave the U.S.

As of this writing, the administration has yet to finalize this directive that prevents international students from entering the U.S. or remaining in the U.S. while taking a full online course load even as the COVID-19 crisis continues. In the spring, U.S. Immigration and Customs Enforcement (ICE), which oversees the Student and Exchange Visitor Program (SEVP), allowed international students to take a full online course load through the summer semester due to COVID-19 without facing deportation. The new directive requires colleges and universities to inform ICE about the educational format they plan to offer in the fall.

Meanwhile, Harvard and the Massachusetts Institute of Technology sued the administration in federal court on July 8, 2020, asking the court to prevent the administration from enforcing the new directive and declare it unlawful. In addition, the University of California has also announced its intent to file a lawsuit against the federal government for violating the rights of the university and its students. In addition, many top universities, including Brown, Columbia, New York University, Stanford, and University of Pennsylvania, promised to protect international students.

International students are critical to U.S. colleges and universities and the U.S. economy more broadly. International students often pay full tuition at U.S. colleges and universities many of which are facing declining enrollment and state funding cuts. International students make up more than than 20 percent of the student body at many top U.S. universities. They contributed $41 billion to the U.S. economy and supported or created 458,000 jobs during the 2018-2019 academic year, according to NAFSA.

In this episode, we discuss what you should know about the F-1 student visa and obtaining a work permit for Curricular Practical Training (CPT), Optional Practical Training (OPT), and STEM OPT.

• What to expect with the F-1 student visa application process
• What to expect when you enter the U.S. on a nonimmigrant visa, such as the F-1, and what that means
• The benefits and limitations of the F-1 visa
• The requirements for CPT, OPT, and STEM OPT 
• How your startup can sponsor you for OPT or STEM OPT
• How most tech employers work with OPT and STEM OPT students

U.S. Immigration and Customs Enforcement’s original announcement about online classes

https://www.ice.gov/news/releases/sevp-modifies-temporary-exemptions-nonimmigrant-students-taking-online-courses-during

U.S. Immigration and Customs Enforcement’s subsequent message on the new directive

https://www.ice.gov/doclib/sevis/pdf/bcm2007-01.pdf

Harvard and MIT lawsuit

https://www.harvard.edu/sites/default/files/content/sevp_filing.pdf

UC announcement about its forthcoming lawsuit

https://www.universityofcalifornia.edu/press-room/uc-poised-sue-federal-government-over-new-visa-policy-international-students

NAFSA’s report, Losing Talent 2020: An Economic and Foreign Policy Risk America Can’t Ignore, March 2020

https://www.nafsa.org/sites/default/files/media/document/nafsa-losing-talent.pdf

Alcorn Immigration Law’s information page on F-1 Visas

https://www.alcorn.law/f-1-visa-students/

Alcorn Immigration Law’s information page on OPT

https://www.alcorn.law/opt-optional-practical-training/

Alcorn Immigration Law’s information page on STEM OPT

https://www.alcorn.law/stem-opt-extension/

Get Alcorn’s Immigration Law for Tech Startups eBook

https://witty-author-184.ck.page/56ccd401fc

***

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 

Joining me today is Alcorn Immigration Law Business Associate Attorney, Gilberto Orozco Jr., as we talk about best practices for responding to RFEs, especially in the H-1B context.

A Request for Evidence is a written notice from USCIS asking for additional documentation to make a decision on an individual’s case. RFEs have become more frequent under the current administration but it doesn’t mean that your case will be denied. Responding to an RFE gives you another chance to strengthen your case to receive an approval from USCIS.

What does it mean for your petition or application if you receive an RFE?

If you’re an employer and your company is sponsoring an employee, what does it mean when receiving an RFE? 

How long do you have to respond to an RFE?

Today, we discuss the top reasons for receiving RFEs and the best strategies to avoid them. 

In this episode, you’ll hear about:

• What are RFEs, NOIDs and RFIEs?
• RFEs for H-1Bs
• Top reasons USCIS issues RFEs 
• Strategies to avoid RFEs

Resources mentioned:

Alcorn Immigration Firm 

https://www.alcorn.law/

Get the Immigration Law for Tech Startups eBook

https://witty-author-184.ck.page/56ccd401fc

***

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 

What is the effect of the latest executive order banning H, L, and J visas? 

People around the world have been reaching out in confusion and with concern about the H-1B visa ban and what it means.  Who is affected?  Are there exceptions? How long will it last? What's next for the administration regarding business working visas and green cards for professionals?

Today, we discuss what the executive order is about, both at a high level and in detail.

In this episode, you’ll hear about:

• What are the primary visa types that are affected for people who want to live in Silicon Valley
• Strategies to travel in 2020
• What HR managers and CEOs need to know about the executive order
• How long the ban will last
• What is next on the chopping block for the administration
• How to be strategic to preserve immigration options now

Resources mentioned:

Alcorn Immigration Firm 

https://www.alcorn.law/ 

Get the Immigration Law for Tech Startups eBook

https://witty-author-184.ck.page/56ccd401fc 

***

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 

Dreamers are part of America. They are a part of the core fabric of Silicon Valley. 

There are so many brilliant individuals and outstanding team members who are Dreamers in various tech companies. There are those who work at large technology companies like Google or Apple. Others have aerospace degrees who are building rockets. 

But what does the future hold for them with the new ruling of the Supreme Court on the DACA case?

What does it mean if you are a Dreamer working in Silicon Valley?

If you’re an employer and you have employees who have DACA, how does this affect the immigration benefits you're offering your employees for green card sponsorship? 

Today, we discuss what the DACA decision is about at the legal level, the rule of law and separation of powers, as well as how the U.S. constitution is stronger than a tweet.

In this episode, you’ll hear about:

• How Apple CEO Tim Cook got involved in the DACA case
• The Supreme Court’s DACA ruling explained
• What this means for immigration now and other options for Dreamers
• What HR people and tech companies can do to support the Dreamers
• H-1Bs and other nonimmigrant working visas are not canceled

Resources mentioned:

Alcorn Immigration Firm 

https://www.alcorn.law/

Get the Immigration Law for Tech Startups eBook

https://witty-author-184.ck.page/56ccd401fc

***

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 

Joining me today is Alcorn Immigration Law partner, Anita Koumriqian, as we talk about the NVC process for immigrants getting green cards.

The consular NVC process is an intermediary step after getting the I-140 petition, which is the foundational document that allows somebody to get their green card. 

If you live in another country, you have to get your green card in the form of an immigrant visa at the consulate that will then permit you to come and live here in the U.S. 

Now, if you're currently in the United States on a nonimmigrant status looking to get a green card, you have the choice to either apply for an adjustment of status or go through this consular NVC process.

Whether you’re in the middle of the I-140 process, or you’re considering getting a green card at some point, find out more about this option so you can make an informed decision. 

In this episode, you’ll hear about:

• Adjustment of status process vs. consular NVC process
• Types of cases that go through the NVC
• How the NVC process works
• NVC vs NBC
• Things to consider (NVC locations, abandonment, interview, required documents)
• Possible reasons for denial

Resources mentioned:

Alcorn Immigration Firm 

https://www.alcorn.law/

Get the Immigration Law for Tech Startups eBook

https://witty-author-184.ck.page/56ccd401fc

***

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