With the H-1B lottery approaching, how should we approach overseas recruitment? - TechCrunch

With the H 1B lottery approaching how should we approach overseas

This is another edition of "Dear Sophie," the advice column that answers questions about immigration about working at technology companies.

"Your questions are crucial for the dissemination of knowledge that will allow people around the world to rise above boundaries and pursue their dreams," said Sophie Alcorn, Silicon Valley immigration lawyer. in ops people, as a founder or looking for a job in Silicon Valley, I would like to answer your questions in my next column. ”

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Dear Sophie,

We are a start - up business that - like many other companies - faces a major challenge when it comes to recruiting talent. We have not posted job openings internationally, but we have received applications from international talent.

This is all a new area for us. What is your advice for hiring internationally? Also, I know that the H - 1B lottery is approaching.

Can you explain a little more about this process?

- Ready to get started early

Dear Man,

Yes, the H-1B lottery is fast approaching! The time for registering H-1B candidates opens in March; there are a few steps that companies must take before then if they have never participated in the H - 1B lottery process. First, make sure you create an account with the US Citizenship and Immigration Services (USCIS), which administers the lottery. With this timeline, your company should determine as soon as possible whether the positions you want to fill and the international talent you want to hire would be eligible for a special H-1B job visa.

Check out my column in TechCrunch + last week for more details on the lottery process. To pass the H-1B lottery - or if a candidate is not selected in the lottery - your company may consider H-1B without a cap for the candidate. It is also an option to transfer an individual H-1B to your beginner. To find out more about that process, check out this Dear Sophie column.

Index

    Future lens on international employers

    I recently had an interesting conversation with Jamais Cascio, a settler and distinguished figure at the Institute for the Future in Palo Alto. Cascio has an amazing view that is relevant to your question.

    The US population is aging and the birth rate is declining; therefore, we need to look more and more at immigration to keep our economy afloat. Cascio discusses three ways of thinking to deal with radical changes in this chaotic world in order to stay strong as a company and prosper in the future. This advice is ideal for companies like yours when embarking on an overseas hiring effort.

    The three minds that Cashio said would benefit companies are:

    • Stability: Able to withstand shock to the system without interruption. For example, he said companies that have direct - time delivery models are very fragile and prone to breakdown compared to those that have slipped into their system. Additional resources are often required and reduced efficiency and profitability to build in a slack, but it offers internal resilience.
    • Improvisation: Stay creative and flexible and be prepared to embrace change.
    • Empathy: Probably the most important of the three, this involves recognizing humanity in others and what we do is important to others now and in the future. future. (I was delighted to hear that the role of the heart is and will be crucial to business success!)
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    Embracing these mindsets and developing an immigration strategy that sustains international talent will be critical in attracting and retaining talent and creating a company culture that promotes innovation and sustainability. Listen to my podcast, “Tips for Companies to Support Valuable People,” in which I discuss this in more detail.

    Image Credit: Joanna Buniak / Sophie Alcorn (opens in new window)

    Special visas to consider

    Before we dive into visa details, please note that I suggest you speak to an experienced immigration lawyer, who will help you design an immigration strategy for prospective international employers, as well as providing guidance on what visa would be appropriate with the proposed job opening and prospects. candidate. Take a look at the previous Dear Sophie column in which I offer an overview of immigration issues that you should focus on if someone in your start-up business does not yet handle HR .

    Visa O-1A

    If your prospective employers do not go through the H - 1B lottery process I mentioned above, or you need to get them here earlier than October and you cannot risk being selected. in this year’s H-1B lottery, O-1A’s amazing capacity visa is a good choice. More and more of our startup clients are opting to go for key executives and individual partners with specialized experience. While the bar for qualifying for the O-1A is much higher than for the H-1B, the process for obtaining an O-1A is much quicker. And the O-1A has no annual cap or lottery process to counter.

    Visas for talent from specific countries

    There is a special visa for talent from Australia, Canada, Chile, Mexico and Singapore.

    If the job applicant is an Australian national, an E-3 visa will allow that person to work in the US in a specific position, just like H-1B. An E-3 visa will also require the sponsoring employer to submit a Labor Placement Application with the U.S. Department of Labor, as required by H-1B petitions. Up to 10,500 E-3 visas are available each year.

    Is the job applicant a Chilean or Singapore national? If so, the applicant may be eligible for a special H-1B1 job visa, which is an H-1B visa designated for Chilean and Singapore citizens. As a result of US specific agreements with these two countries, professionals may be eligible for an H-1B1 visa on the fast track. Each year, 1,400 H - 1B1 visas are reserved for Chileans and 5,400 are reserved for Singaporean - and those visas are rarely exhausting.

    Professionals from Canada and Mexico can come to the US to work under a TN visa, born out of trade agreements between Canada, Mexico and a US TN visa. -1B specific roles.

    Good news: By the end of 2022, console officials can now waive the personal interview requirement for some non-immigrant (temporary) visa seekers, including H-1B and O -1n. Individuals applying for a visa in their country or nationality of residence may cancel the interview if any of the following apply:

    • Previously issued any type of visa.
    • A visa has never been refused unless it has been issued or waived.
    • No eligibility.
    • Citizens or nationals of a country participating in the Visa Offer Program.

    Wish you all the best!

    Sophie


    Do you have any questions for Sophie? Ask it here. We reserve the right to edit your application for clarity and / or space.

    The information provided in “Dear Sophie” is for general information only legal advice. For more information on the boundaries of “Dear Sophie,” check out our full disclaimer. You can contact Sophie directly at Alcorn Immigration Law.

    Sophie's podcast, Immigration Law for Tech Startups, is available on all major platforms. If you want to be a guest, she accepts applications!

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