Sophie Alcorn, AttorneyAuthor and Founder of alcorn immigration law The Silicon Valley, California, resident attorney is an award-winning Immigration and Nationality Law certified attorney in the State Bar Board’s specialty area. Sophie is passionate about crossing borders, expanding opportunity and connecting the world through compassionate, forward-looking and professional immigration law. Connect with Sophie upon linkedin and twitter.
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Dear Sophie
I am currently working for my employer on an H-1B in the United States. I wanted to start my own company, but transferring an H-1B to a startup has many downsides for startup founders, including giving up control and capital. How has that changed now?
— Future Founder
Hey, future!
The future is now! Thank you for your entrepreneurial spirit and great questions. In October, the Department of Homeland Security (DHS) released a new report. proposed rule with the drawbacks removed H-1B The professional visa for startup founders you mentioned.
“If more entrepreneurs can obtain H-1B status to develop their businesses, the United States could benefit from the creation of jobs, new industries, and new opportunities,” the proposed rule states. It is being
After reading this column, I encourage you and others to speak up about this rule. DHS is accepting public comments on this rule until December 22, 2023. After the comment period ends, DHS will consider the comments, potentially modify the rule based on the comments, and issue a final rule and effective date. I hope to be in time for his next H-1B lottery in March.Comments can be submitted at the top proposed rule Select the “Submit a formal comment” link.
Comments must be in English. However, business owners and non-citizens are also eligible to comment. You can also post comments anonymously.
Maintain control and fairness
As you know, as with all work visas, the employer sponsor must submit the H-1B application on behalf of the employee. There is no self-sponsorship for work visas, and the H-1B is tied to the sponsoring employer and the job and location specified on the petition.
DHS’ proposed rule clarifications already provide founders with more freedom to grow their startups without any restrictions on capacity (and without the need for future regulations) by eliminating the need to reduce majority stakes in startups. It gives you flexibility. this point).
Source: techcrunch.com
