Here is another edition of "Dear Sophie", the advice column that answers questions related to labor immigration in technology companies.
"Your questions are critical to the dissemination of knowledge that enables people around the world to push boundaries and pursue their dreams," says Sophie Alcorn, a Silicon Valley immigration attorney. "Whether you are in people ops, a founder or looking for a job in Silicon Valley, I would love to answer your questions in my next article."
Extra Crunch members have access to the weekly "Dear Sophie" columns; use the promotional code ALCORN to purchase a one or two year subscription with a 50% discount.
Dear Sophie: What are the visa prospects for a graduate who is completing a master's degree at a US university and who wants to co-found a startup after graduation? Can the new startup or my co-founders sponsor me for a visa? -Bright in BerkeleyDear Brilliant,
Thank you for your questions and contributions. The US economy benefits enormously from entrepreneurial individuals like you who create businesses and jobs in the US
Let me answer your second question first: yes, it is theoretically possible that your startup sponsors you for a visa and that one of your co-founders is your supervisor. Many visas and green employment cards require a company to sponsor you and prove that there is a valid employer-employee relationship.
Given your situation, timing will be of the essence, especially since one of the best visa options is the H-1B Special Occupation Visa. The number of H-1B visas issued each year is typically limited to 85,000-60,000 for people with a bachelor's degree and 25,000 for people with a master's or higher degree. Due to the cap for H-1B visas and because their demand far exceeds supply, US Citizenship and Immigration Services (USCIS) organizes a lottery once a year in the spring to determine who can apply for this visa.
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