
Right here’s one other version of “Expensive Sophie,” the recommendation column that solutions immigration-related questions on working at expertise firms.
“Your questions are very important to the unfold of information that permits folks all around 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 searching for a job in Silicon Valley, I’d like to answer your questions in my subsequent column.”
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Expensive Sophie,
We’re a pre-seed startup occupied with sponsoring an early worker’s H-1B visa to remain within the U.S. and work for us.
How does the method work?
— Searching for in San Mateo
Expensive Searching for,
Thanks for granting peace of thoughts to your worker by planning now for H-1B sponsorship. This step means quite a bit to professionals early of their careers, lots of whom paid full tuition for his or her U.S. bachelor’s and grasp’s levels as a way to have this opportunity.
Your startup can actually register your worker for the H-1B lottery someday in Q1 2023, however the authorities has not but stated when the registration window opens. In case your worker is chosen within the lottery, your startup can put together, submit, and pay the required charges to U.S Citizenship and Immigration Companies (USCIS) for an H-1B submitting.
I extremely suggest working with an skilled startup immigration lawyer to assist the method, significantly since USCIS tends to scrutinize early stage firms extra. An lawyer might help you keep away from missteps and submit a robust visa utility whereas staying inside your funds.
Think about the extent of service you want
Most immigration attorneys cost flat charges for his or her companies, however the charges, stage of service, responsiveness, and the quantity of counseling and steerage can fluctuate considerably, so search for a regulation agency that meets your wants. It’s additionally essential to search out an lawyer you are feeling comfy with.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a new window)
It’s by no means too early to begin making ready
Begin assembling the paperwork you will have to submit as quickly as you’ll be able to. Your startup will must be integrated and obtain its tax ID quantity from the I.R.S. to show that it’s able to sponsoring a person for an H-1B. This must be executed earlier than your organization submits a Labor Situation Software (LCA), which can be despatched to the Labor Division. This utility can’t be submitted greater than six months earlier than your worker will start engaged on an H-1B.
An authorised LCA should be submitted along with your H-1B petition to USCIS. Along with your startup’s tax ID, you’ll want some fundamentals equivalent to: