INSUBCONTINENT EXCLUSIVE:

Sophie Alcorn Contributor Share on Twitter Sophie Alcorn is the founder of Alcorn

Immigration Law in Silicon Valley and 2019 Global Law Experts Awards& &Law Firm of the Year in California for Entrepreneur Immigration

Services.& She connects people with the businesses and opportunities that expand their lives. More posts by this

contributor Attorney Sophie Alcorn answers readers& immigration questions Dear Sophie: How is COVID-19 affecting

immigration? Here another edition of &Dear Sophie,& the advice column that answers immigration-related questions about working at

technology companies. &Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and

pursue their dreams,& says Sophie Alcorn, a Silicon Valley immigration attorney

&Whether you&re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.& Most

&Dear Sophie& columns are only accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one or two-year subscription for

50% off. Dear Sophie: If I&m selected in this year lottery, how do we craft a strong H-1B petition? If I&m not selected, what are my other

options? — Hoping in Hayward Dear Hoping: Thank you for asking the questions that are on the minds of many H-1B first-timers

Don&t worry! Several options exist if you&re not selected. It really important, especially for early-stage companies, to work with

experienced attorneys to guide them through this process

Now that USCIS has changed it system, if you&re already selected, then having a great attorney is really important to mitigate any remaining

risk in the rest of the process

There are lots of wonderful, experienced immigration lawyers out there to choose from. This year new H-1B online lottery registration

process ended on March 20

By March 31, U.S

Citizenship and Immigration Services (USCIS) will notify companies whose H-1B candidates have been selected. If USCIS selects you, your

sponsoring employer will have 90 days to submit a complete H-1B petition

Employers can file an H-1B petition up to six months before a candidate intended start date. Immigration law attorney Sophie Alcorn It

great that you&re already here in the U.S

H-1B candidates living outside of the U.S

seeking consular processing may face delays coming here for their employment start date depending on when coronavirus-related consulate

closures and travel restrictions are lifted

These situations need to be addressed individually. If meeting a deadline during any step of the process becomes difficult or impossible due

to COVID-19, it possible to request special handling from the government

The federal government grants extensions under special circumstances, such as floods and hurricanes

The COVID-19 pandemic is a special circumstance. Because COVID-19 is prompting policy and procedural changes with little or no warning, I

recommend consulting an immigration attorney for assistance. If you haven&t already, assemble the necessary documents as soon as possible

Obtaining documents may take longer now that most universities and companies are closed due to the pandemic. Sophie podcast,

Immigration Law for Tech Startups, is available on all major podcast platforms. Your sponsoring employer will need to assemble

documents that demonstrate the appropriate policies and cash flow to hire you

Startups need to be extra careful to meet all the requirements

You should have easily accessible: Current resume Transcripts Diplomas and certificates Passports used to enter U.S. Past immigration

documents (I-20, DS-2019, I-797, etc.) A Labor Condition Application (LCA) approved by the U.S

Department of Labor is required with all H-1B petitions

For the LCA, your startup must promise to pay at least the prevailing wage to you and ensure that your employment conditions won&t

negatively affect other workers. If this is a startup and it the company first H-1B, it must get its Federal Employer Identification Number

(FEIN) verified by the Labor Department Office of Foreign Labor Certification before starting

That process typically takes a week or so

Timing is key to filing an LCA

Keep in mind that the Labor Department typically makes a decision on whether to certify an LCA within seven business days. Employers do not

need to submit evidence to the Labor Department for an LCA, but they must post a copy of the H-1B notification, which can be done

electronically, as well as keep all supporting documents in a file and make it available for public viewing. The employer will also need to

fill out Form I-129 (Petition for a Nonimmigrant Worker), and assemble compelling evidence and supporting documents

Check and double check the form and your documents to avoid mistakes and omissions, which can prompt USCIS to deny a petition

Make sure the info contained in the LCA matches Form I-129

Remember to include all required signatures. USCIS recently announced that scanned or photocopied signatures will be allowed on all

documents and petitions during the COVID-19 emergency

Make sure you pay the proper fees and send your package to the correct address with a way to track that package. USCIS recently announced

the temporary suspension of premium processing for H-1B petitions

The agency expects to resume premium processing for individuals changing status from an F-1 student visa by May 27, and all others by June

For an extra fee, premium processing enables employers to receive a decision on a petition within 15 days

Without premium processing, the USCIS California Service Center is currently taking two to four months. If you don&t get selected in the

H-1B lottery, relax! Your startup can sponsor you for an H-1B again next year because there no limit on the number of years you can be

entered in the lottery, whether you&re inside or outside the U.S

and whether you&re currently employed by them or not

In the meantime, several other visa options exist for individuals like you who qualify for an H-1B: O-1A Visa: If have &extraordinary

ability& in the sciences, education or business, you could be eligible for an O-1A

However, the bar for qualifying for an O-1A is higher than for an H-1B. J-1 Visa: Most employers cannot directly sponsor an individual for a

J-1 visa, which is a work-and-study visitor exchange program

The U.S

State Department designates public and private sponsor organizations to supervise the exchange programs and application process that can be

used to support a J-1 at a specific company. L-1 Visas: If your employer has an office outside of the U.S

— or you can set up one for them — and you can work in that overseas office for 12 months or more, your employer can then transfer you

back to the U.S

under an L-1A visa for executives and managers or an L-1B visa for employees with specialized knowledge

No annual quotas exist for L-1 visas, and these visas are &dual intent& and can lead to a green card. F-1 Visa: You could become a full-time

student at an accredited college or university under an F-1 visa

Some graduate programs require Curricular Practical Training (CPT) or allow Optional Practical Training (OPT)

Both training programs enable students to gain work experience in their field of study. The following options are available to you if you&re

a citizen of Chile, Singapore, Australia, Canada or Mexico: H-1B1 Visa: If you&re a citizen of Chile or Singapore, you&re eligible for an

H-1B1

Each year, 1,400 H-1B1 visas are reserved for Chileans and 5,400 are reserved for Singaporeans

Rarely are those visas exhausted. E-3 Visa: If you&re an Australian national, you&re eligible for an E-3 for &specialty occupation&

professionals who have specialized theoretical or practical knowledge

An LCA is required

A maximum of 10,500 E-3 visas is available annually, but they rarely are exhausted. TN Visa: If you&re from Canada or Mexico, you could work

temporarily under a TN (Treaty National) visa for certain occupations

TN visas have no annual quota and allow for unlimited extensions as long as the employer and conditions of employment remain the

same. Fingers crossed that you get selected in the lottery! All my best, Sophie Have a question? Ask it here; we reserve the right to edit

your submission for clarity and or space

The information provided in &Dear Sophie& is general information and not legal advice

For more information on the limitations of &Dear Sophie,& please view our full disclaimer here

You can contact Sophie directly at Alcorn Immigration Law. Sophie podcast, Immigration Law for Tech Startups, is available on all major

podcast platforms; if you&d like to be a guest, she accepting applications!