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 important to the unfold of data that permits individuals all around the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in individuals ops, a founder or looking for a job in Silicon Valley, I’d like to reply your questions in my subsequent column.”
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Pricey Sophie,
With greater than 750,000 H-1B registrations this yr, is it practical for my early-stage startup to contemplate hiring candidates who’re looking for them?
— Skeptical Startup
Pricey Skeptical,
I do know, I do know: The numbers are intense.
I perceive your skepticism provided that the percentages of corporations getting their H-1B visa candidates chosen within the annual lottery course of have been on the decline as demand amongst employers for H-1B visas continues to rise. Regardless of some well-publicized layoffs, many employers proceed to rent, plus the CHIPS Act of 2022 and the Infrastructure Funding and Jobs Act of 2021 are spurring extra job creation.
For this yr’s H-1B lottery, the U.S. Citizenship and Immigration Providers (USCIS) obtained a whopping 758,994 eligible registrations, and for the primary time, greater than half — almost 408,900 — had been H-1B candidates who had multiple employer that registered them within the lottery. (How does the annual lottery work? Try my podcast for an overview.)
Once more this yr, with no second lottery on the horizon, these are necessary inquiries to ask.
Nonetheless, I imagine it’s nonetheless value it to register staff within the annual H-1B lottery as a part of a multiprong technique to draw and retain worldwide expertise in the USA, because the six-year, dual-intent standing is so helpful to corporations and the workforce members who maintain it.
That is still true even when the USCIS implements a proposal to extend the H-1B lottery registration price to $215, up from the latest $10 price. Though it’s a big improve, the extra $205 per registration probably received’t be a limiting issue for even early-stage startups contemplating the method.
The possibilities of having an H-1B candidate picked within the lottery has dropped dramatically, notably since 2020, when the USCIS carried out its on-line H-1B lottery registration system. Earlier than 2020, corporations that wished to enter an worker or potential worker within the H-1B lottery needed to submit a accomplished H-1B utility.
This time-intensive, pricey, and dangerous course of typically meant that collaborating within the H-1B lottery was unrealistic for many startups. Moreover, corporations needed to be able to entrance the complete submitting charges on the time of the lottery, not figuring out how many individuals can be chosen and what number of checks can be cashed. Now it’s straightforward to register candidates, and firms have discretion about whether or not to proceed with the complete petition after figuring out whether or not any individual was chosen.
Elevating the annual cap of 85,000 H-1B visas (65,000 for these with bachelor’s levels and 20,000 for these with grasp’s or increased levels) requires congressional approval and stays extremely unlikely. Nevertheless, the USCIS might have a look at various administrative adjustments, equivalent to limiting every H-1B candidate to at least one entry within the H-1B lottery regardless if that particular person has a number of job gives, with a view to present a extra stage enjoying subject.
This yr’s H-1B lottery
Whereas getting job gives from a number of corporations that register an H-1B candidate within the lottery just isn’t in opposition to the regulation, the USCIS indicated it could carefully scrutinize H-1B beneficiaries, corporations, and purposes for potential abuses and fraud.
After this yr’s lottery, the USCIS acknowledged:
The massive variety of eligible registrations for beneficiaries with a number of eligible registrations — a lot bigger than in earlier years — has raised severe issues that some could have tried to achieve an unfair benefit by working collectively to submit a number of registrations on behalf of the identical beneficiary. This may occasionally have unfairly elevated their possibilities of choice.
If any of your early-stage staff are on F-1 Non-obligatory Sensible Coaching (OPT) or STEM OPT, the two-year extension for college kids who graduated in a STEM subject, be certain that to enter them within the H-1B lottery each March till they’re chosen earlier than they graduate and whereas they’re sustaining OPT and STEM OPT standing. You may have a look at different visa alternate options as properly.
Visas for residents of particular nations
You’ve different choices in case your startup’s staff or potential staff aren’t chosen within the H-1B lottery. There are a handful of labor visas geared toward people from sure nations. If any of your staff or potential staff are from Australia, Canada, Chile, Mexico, or Singapore, these are nice choices to contemplate:
