Here is another version “Dear Sophie,” an advice column that answers immigration-related questions about working at tech companies.
“Your questions are critical to spreading the knowledge that allows people around the world to rise above borders and pursue their dreams,” said Silicon Valley immigration attorney Sophie Alcorn. Whether you’re in People Ops, a founder, or looking for a job in Silicon Valley, I’d love to answer your questions in the next column.
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Dear Sophie,
We have a stealth early stage biotech startup. Are we eligible to claim a co-founder in the lottery for H-1B on STEM OPT? Is it worth it or are there better options?
– Budding Biotech
Dear Budding,
In stealth mode, it is entirely possible for an early-stage biotech (or tech) startup to successfully petition for an H-1B founder or founding engineer through the lottery or H-1B transfer. Here’s how the H-1B lottery works for starters, starting with some background.
In recent years, the US Citizenship and Immigration Services (USCIS) has leveled the playing field for new hires in the H-1B lottery by creating an electronic lottery registration system. Because demand for H-1B visas exceeds the annual supply of 85,000 (20,000 of which are reserved for individuals with a master’s or higher degree), USCIS uses a random lottery process to select eligible companies to petition certain beneficiaries.
Prior to 2020, companies were required to submit a complete paper-based H-1B petition package to USCIS for each employee and prospective employee seeking entry into the lottery each year. USCIS adjudicated the H-1B applications selected by lottery and returned the paper applications that were not selected verbatim to the attorneys. The time, labor, and legal costs involved in filing an H-1B application made participating in the lottery particularly difficult for startups because the candidate had to commit to paying for the full H-1B before they knew they had one. Chance.
Image Credits: Joanna Buniak / Sophie Alcorn (Opens in a new window)
That all changed in 2020 when USCIS instituted an electronic entry process for the lottery. Now, sponsoring companies only have to pay a $10 fee to register an employee or prospective employee in the lottery, which has significantly lowered the barrier to entry for all companies, including startups. This means that you can enter as many candidates into the lottery as you wish to sponsor in good faith.
If people withdraw after selection and before filing, you don’t have to pursue the full H-1B. If your budget doesn’t currently allow you to support your entire global remote team, but you still want to give everyone a chance, you can do that.
Can early-stage biotech startups get H-1Bs?
Yes, definitely! The biggest issues early-stage startups face when getting an H-1B visa for their startups or founders are:
