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Here is another version “Dear Sophie,” an advice column that answers immigration-related questions about working in 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.”
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Dear Sophie,
We just raised a $20 million Series A, and need to hire more engineers to fully scale our product.
Additionally, we are looking to bring foreign PEO contractors into the states to join us locally and across time zones.
We’re excited about being decentralized – which immigration options are best for us?
– Sophisticated entrepreneur
Dear Sir,
Congratulations on your recent funding success! Your funding comes at an opportune time: the recent spate of layoffs and hiring at many tech companies presents a great opportunity for you to find top global engineering talent. Also, I’m not surprised that you’ve even grown in this “area” – we’re seeing a lot going on despite all the news!
A few suggestions
Before I get into your question, let me offer a few suggestions: Consult both a corporate attorney and an immigration attorney.
If your company doesn’t already have one, a corporate attorney can help you develop a segregated employment policy. Corporate, employment, and privacy laws vary from state to state, so if you’re looking to expand your distributed workforce, you should know what your company can and cannot do in each state. You should also discuss whether or not to transfer the individuals you wish to bring to the US from the PEO (Professional Employment Organization) to your company, especially if you are only using the PEO for foreign individuals. The specific immigration options you are considering may be the reason for this.
Image Credits: Joanna Buniak / Sophie Alcorn (Opens in a new window)
When you consult with your immigration attorney, you’ll want to discuss visa sponsorship options for any individuals you wish to bring to the U.S. for individuals currently on your global PEO payroll, as well as for individuals who have not yet begun working with you. They are already in the States or abroad. If your PEO only has a minimal employment relationship with those individuals and cannot hire and fire, the PEO may not qualify as an employer for many types of visa sponsorship processes in the US, but there are ways to work around this.
You should also discuss whether to set up an immigration policy that addresses the following.
- When your company sponsors an individual for a green card.
- Immigration strategies based on your company’s hiring goals and timing.
- Options for certain individuals based on their circumstances and qualifications.
Different startups choose to go about it in different ways as to whether these policies exist and, if so, what they should include. I recommend a systematic and deliberate approach to presenting immigration as an advantage to recruit and retain international talent, both in the United States and abroad. After a year or two, sponsoring a green card is a big plus! This will also help shape your company’s culture, showing that you value diversity, inclusion and the well-being of your team.
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