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 recently received F-1 STEM OPT work authorization to continue working at the startup I co-founded about a year ago while on OPT. My startup will register me for the H-1B lottery in March, but I’m worried that I won’t be selected. What’s the latest on how USCIS will run the H-1B lottery? In addition, I also read that the immigration application fees will increase significantly, so I would like my startup to sponsor me for a visa and possibly a green card as soon as possible before the fees increase. What do you recommend?
— Frugal Founder
Dear Frugal,
Thanks for contacting me with your question. I have got you! For an early-stage startup, every decision is critical as Alfonso de la Nuez, an immigrant founder with an $800M+ acquisition recently shared with me on podcast. Checkout my video on the latest update from US Citizenship and Immigration Services (USCIS) last night — the lottery will be fairer for startups and international students and founders: one person, one chance!
You are correct that USCIS is expected to publish a final rule in the Federal Register this week that will significantly increase application fees. Separately, premium processing fees will also increase in February. USCIS has confirmed that the H-1B registration fee will remain at $10 this year and the lottery will be open from March 6th to March 22nd. You can learn about these upcoming lottery updates in our free educational program webinar!
For those who qualify, getting approved for one O-1A The extraordinary ability visa is a relatively quick process, particularly with premium processing. The Biden administration has made it much easier to qualify for the O-1A for STEM startup founders. But the O-1A has remained largely unchanged since it was created by the 1990 Immigration Act, so Lindsay Millikenimmigration fellow at the Institute for Progress (IFP), is pushing USCIS to update O-1A guidelines for startup founders, especially in the area of non-traditional achievements.
The conclusion of the O-1A visa, the EB-1A exceptional ability green card, generally has the fastest processing time of all employment-based green cards. Keep in mind that the bar for qualifying for an EB-1A green card is high, so many recent graduates and first-time founders in the STEM field find success with EB-2 NIW (National Interest Waiver), which may take longer due to green card delays.
