Sophie Alcorn is the founder of Alcorn Immigration Act in Silicon Valley and the 2019 Global Law Experts Awards for California Law Firm of the Year for Entrepreneurial Immigration Services. It connects people with the companies and opportunities that expand their lives.
More contributions from this contributor
- Dear Sophie: What is allowed between a K-1 visa and a green card?
- Dear Sophie: How to maneuver the latest travel bans, H-1B alternatives
Here is another edition from Dear Sophie, the advisory column that answers immigration-related questions about working in technology companies.
“Your questions are critical to disseminating knowledge that enables people around the world to push their boundaries and make their dreams come true,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether in People Ops, founders or looking for a job in Silicon Valley, I would love to answer your questions in my next column. “
TechCrunch + members get access to weekly Dear Sophie columns; Use the promotional code ALCORN to purchase a one or two year subscription with a 50% discount.
Dear Sophie,
I graduated in December and am currently working on OPT for an early stage biotech startup. I’m not sure how much my employer knows about the H-1B lottery process or if they plan to get me into the lottery.
I heard that the next lottery won’t pick H-1B candidates based on the highest salaries paid. What else should I know?
– Gifted degree
Dear gifted ones,
Nice that you are thinking of the lottery! I recently chatted about the future of immigration, including work, climate change and more with Futurologist and inventor of the BANI framework Jamais Cascio. This podcast sheds light on the context of global immigration of highly skilled workers and future trends affecting the global job market specifically for the United States.
For H-1B and other legal issues, as always, I recommend your employer to work with an experienced immigration attorney to guide you through the petitions process.
No wage-based H-1B lottery yet!
the H-1B lottery in March will remain a random selection process, at least for the time being. In September, a federal district court judge invalidated a final ruling by the U.S. Department of Homeland Security, which oversees U.S. Citizenship and Immigration Services (USCIS), that would have changed the H-1B lottery from a randomized one to one that prioritized the highest wages . A wage-based selection process for the H-1B lottery would have put insolvent startups at a disadvantage and young college graduates who normally earn entry-level salaries.
According to an analysis by the National Foundation for American Policy, an H-1B random lottery process increases the likelihood of international students and graduates being selected for an H-1B application by 54% compared to a wage-based selection process.
However, the Biden government has backed an H-1B wage-based lottery system, so the Department of Homeland Security may one day try again to push for the change.
Credit: Joanna Buniak / Sophie Alcorn (opens in a new window)
Registration for the lottery
As you already know, the H-1B visa requires an employer to sponsor you. So speak to your employer about sponsorship as soon as possible so that both of you can prepare. If your company doesn’t already have an immigration attorney, it needs to hire one as soon as possible. The attorney will guide them through creating an online USCIS account in order to register you and any other candidates they would like for the lottery. Your company must pay the $ 10 non-refundable fee to register each candidate.
