What are some quick options for hiring someone during an expired grace period? • TechCrunch

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

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Dear Sophie,

I am a very early stage startup founder. My co-founder and I are considering bringing on a third co-founder who was recently laid off. She is currently in the US where her H-1B grace period will soon expire.

What are the fastest, least risky immigration options we should consider? What is happening when the USCIS application fees can be added?

– Cautious co-founder

Dear Careful,

Great to hear you’re expanding your team and supporting your future co-founder.

As filing fees for most work visas and green cards increase later this year, this is the perfect time to hire international talent. The U.S. Department of Homeland Security, which oversees the U.S. Citizenship and Immigration Services (USCIS), proposed earlier this month that it would significantly increase fees for many nonimmigrant visas and delay the premium processing time from 15 calendar days to 15 business days. days (approximately three calendar weeks), among other changes.

For example, the application fee for an H-1B application (new, renewal or transfer) will increase from $460 to $780. DHS is accepting public comments on this proposal until March 6, 2023, and I urge you and other employers, especially startups, to weigh in on these changes.

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

Before I get into your first question, I recommend that you talk to an immigration attorney ASAP about your employment status and timing. An immigration attorney can suggest strategies that are tailored to your startup and aimed at mitigating risks. Calculating the grace period after a layoff can be tricky, because it involves a lot of factors, and you’ll want to make sure your co-founder has the right status in the U.S. and has the proper authorization for the required international travel.

Since your future co-founder’s 60-day grace period is about to expire, she can apply online to convert from H-1B to B-1 work visit status, which will help her stay. America for another six months. It will also give you time to file an H-1B transfer and change her status to an H-1B or other work visa.

Remember that B-1 status is not a work visa and does not provide a work permit, which means that you will not be authorized to work at your startup. However, there are a few things that immigration officials do not consider as work, such as:

• Attend business meetings or consultations;
• attend a meeting or conference;
• Negotiating terms.