Should co-founders on OPT, STEM OPT pursue H-1Bs? – TechCrunch

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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 looking for a job in Human Ops, as a founder, or in Silicon Valley, I’d love to answer your questions in the next column.”

TechCrunch+ members receive weekly access to the “Dear Sophie” columns; Use ALCORN to purchase a one- or two-year subscription at 50% off.


Dear Sophie,

My two co-founders and I are on OPT and STEM OPT. We are all from India and are considering the H-1B lottery.

How can we structure our immigration compliance? Any advice for planning?

– Hard working trio

Immigration attorney Sophie Alcorn with the TechCrunch logo in the background.

Image Credits: Joanna Buniak / Sophie Alcorn (Opens in a new window)

dear little one,

Thanks for reaching out to me with your questions. Before I get into them — and for a little context — here’s some background on the annual H-1B lottery.

H-1B Lottery 101

In the year In 2020, US Citizenship and Immigration Services (USCIS) implemented a new electronic registration process for H-1B. A new process began where employers register each H-1B applicant online and pay a $10 registration fee. Prior to 2020, employers were required to submit a completed H-1B petition for each candidate — a costly and time-consuming process.

The simple and inexpensive electronic H-1B lottery process, while impressive, has led to a dramatic increase in the number of lottery applicants. This year, USCIS received 483,927 applications, a 57 percent increase from 2021. Each year, 85,000 H-1B visas are available in the lottery – 20,000 for individuals with a master’s degree or higher and 65,000 for those with a bachelor’s degree. Because Congress did not increase the number of H-1B visas in the lottery, the odds of being selected in the lottery in 2022 dropped from 32 percent in 2019 to 23 percent.



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