Dear Sophie
For those working at tech companies in the U.S., this column provides general advice about working visas, immigration law, and related topics.
Welcome to ‘Dear Sophie’!
Welcome to our space for entrepreneurs and tech workers seeking guidance on working in the United States. If you’re considering a job offer or trying to navigate your immigration status, we’re here to help. Let’s dive into the key topics every startup professional should know.
What is the Legal Path to Working in the U.S.?
For those who’ve accepted a job at a tech company in the U.S., understanding your legal work authorization path is crucial. The most common options include:
- H-1B Visas: For software engineers, coders, and other technical workers seeking permanent resident status.
- O-1A Visas: For individuals with extraordinary ability or distinguished achievement.
- H-4 Visas: Allows work authorization for foreign nationals visiting the U.S. temporarily (for those waiting for H-1B approval).
Key Tip: Always consult an immigration attorney to ensure compliance and avoid complications.
How to Secure a Green Card for Tech Jobs
For U.S. citizens or permanent residents working in high-demand fields like software development, engineering, or AI/ML roles, the H-1B visa remains one of the most sought-after pathways to permanent residency:
- H-1B Application: Submit an I-140 petition for employment-based status and proof of employer sponsorship.
- Petitioning Process: File a labor certification (I-863) if working in the U.S. on an H-1B visa or provide evidence of authorization to work permanently (I-797).
Important Note: The H-1B visa queue is competitive and subject to change due to policy updates. Stay informed about annual caps and filing deadlines.
What Happens When Your EAD Expired?
If your Employment Authorization Document (EAD) expires, you face a potential challenge unless you have alternative authorization:
- Back-End Visa Process: Apply for an adjustment of status (I-601) or a change of employment condition.
- Temporary Work Visas: Use an H-4 visa to continue working while pending your permanent residency case.
Key Advice: Avoid relying on expired EADs and ensure your work is tied directly to your job offer to maintain legal authorization.
Stay Ahead of Policy Updates: Keep an Eye on These Changes
Technological advancements often lead to new policies, so keep an eye on these changes for tech workers:
- L-1 Visa: Short-term work permits for multinational executives and professionals in high-demand fields.
- O-1A Visa Expansion: Temporary increases in temporary worker authorization for certain roles (e.g., AI/ML engineers).
Tip: Follow updates from the Department of Homeland Security to ensure your work aligns with legal pathways.
Where to Find Answers: Connect with Sophie Alcorn
For personalized advice, reach out to Sophie Alcorn directly via her website or contact page for a free consultation:
Final Thoughts
Working in the U.S. for tech companies is a great opportunity, but legal clarity and proactive planning are key to success. By understanding your options and seeking guidance when needed, you can navigate this process with confidence. Let’s continue supporting entrepreneurs and tech professionals in shaping the future of innovation!
This column is brought to you by Sophie Alcorn Immigration Law, helping tech workers and entrepreneurs thrive legally in the U.S.