Sophie Alcorn, lawyerits author and founder Alcorn Immigration Law in Silicon Valley, California, is an award-winning Certified Specialist in Immigration and Nationality Law from the State Bar Board of Legal Specialization. Sophie is passionate about overcoming borders, expanding opportunities and connecting the world by practicing compassionate, visionary and experienced immigration law. Connect with Sophia on LinkedIn and Twitter.
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Dear Sophia,
I signed it OpenAI letter threatens to leave unless the board resigns. I am an AI engineer on H-1B. I went through PERM and my EB-3 I-140 was approved. However, my priority date is not current yet. If Altman is unable to return, how can I stay in the US and start exploring new opportunities in AI startups?
— Encouraged Employee
Editor’s note: This situation is likely to be resolved with the return of Sam Altman as CEO of OpenAI. But the column reflects the reality of foreign workers across Silicon Valley and the United States, and as such, we believe the advice in the article is worth publishing. Read Sophie Alcorn’s previous columns here.
Dear Emboldened,
I admire your courage in standing up for what you truly value to sign this letter even though it may have jeopardized your ability to remain in the United States. Standing up for your values, even when they conflict with your self-interest, speaks to the tenacity, grit and determination of immigrants and the value you add to this country. Especially this Thanksgiving week, I am thankful for you!
Rest assured, I’ve got your back! The good news is that the Biden administration has signaled its desire and commitment to attract and retain talented AI engineers like you here in the US. In addition, talented AI engineers are in very high demand from employers around the world, from early-stage startups. in the largest technology companies. Take a look at Executive order issued by President Biden in October and this Ask Sophie column.
Let’s dive in to discuss ways to stay in the US and start exploring new opportunities in AI startups.
Exploring new opportunities
As an AI engineer, you have many options! You could stick with OpenAI for now and get a part-time job at an AI startup on the side. Before taking this step, review the fine print in your employment contract with an intellectual property attorney to make sure this is an option. You could leave OpenAI and look for a new position at an AI startup, but keep in mind that you’ll only have a 60-day grace period or you’ll have to B-1 business visitor visa. Last year, during the tech layoffs, US Citizenship and Immigration Services (USCIS) clarified that the 60-day grace period can apply even if you leave your job and that you can look for a new role while in B-1/B-2 status.
There is a lot of seed money available for AI startups if you want to start your own company, even as an immigrant. More than $40 billion in VC funding went to AI startups in the first six months of 2023, according to PitchBook. In addition, AI companies have received more than a quarter of the total investment in all US startups this year, more than double compared to last year, according to Crunchbase.
Please note that because OpenAI supported you for the H-1B special occupation visa, you can only work for OpenAI. If you want to work for another startup — or start your own — that startup should either transfer your H-1B or sponsor you for another visa. Many people look to a concurrent H-1B as a source of layoff insurance if they can qualify.
