Dear Sophie: What are the quickest visa options for bringing in international talent?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

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Dear Sophie,

Our startup is recruiting engineers. Most of our team works remotely, but some of our potential recruits would want to work in the office. They are international students graduating in December, as well as some individuals who have worked with us remotely as contractors.

What are the quickest visa options we should consider? Can their supervisor work remotely? Anything else we should keep in mind?

— Rigorous Recruiter

Dear Rigorous,

It’s so interesting to hear that your prospective recruits want to work in an office. As you might have guessed, students and recent grads want to meet people and form relationships that come with working in an office with team members. Sounds like that’s true of the international talent you’re looking to recruit as well.

Let’s start with your second question. Supervisors are not universally required to work in person with visa holders. However, supervisors can help guide and support new hires, and impart your company’s culture, which is very important for employee connection, happiness and retention. The exact relationship and amount of oversight depends on the specific immigration category you’re considering.

Now let’s look at visa options for the international students.

Hiring F-1 students is a quick option!

After at least one full year of academic coursework, international students on an F-1 visa are eligible for Optional Practical Training (OPT). This allows them to get work authorization that enables them to work full-time for one year.

Under OPT, students have two options:

1. After completing a full year of coursework, they can work part-time (20 hours per week or less) while continuing with their coursework, which is called pre-completion OPT. Students who work under pre-completion OPT for one year can work full time for another six months.
2. After graduation, students can choose post-completion OPT, where they work full-time (40 hours per week) for one year. Most F-1 students chose this option.

If you extend an offer for post-completion OPT to somebody who has completed some amount of pre-completion OPT, talk to them and the Designated School Official (DSO) at their school about how much of the full 12 months they have remaining.

So you’d like to hire an F-1 student

Employers do not need to file anything to U.S. Citizenship and Immigration Services (USCIS) for OPT. However, under OPT, the work an F-1 student or graduate does must be within their field of study, and they are responsible for applying for a valid Employment Authorization Document (work permit) through Form I-765. Many employers choose to support their new hires with completing this immigration process.

Considerations for the student

F-1 students or graduates must contact the DSO at their university to get an OPT recommendation entered into their SEVIS (Student and Exchange Visitor Information System) record.

Students or graduates doing pre-completion OPT can apply to USCIS for work authorization (Form I-765) up to 90 days before they complete a full academic year. Students should not start working on OPT until the first full academic year has ended.

Students or graduates who do post-completion OPT can apply for work authorization up to 90 days before they complete their degree, but no later than 60 days after they earn their degree. They must submit Form I-765 to USCIS within 30 days after their DSO enters the OPT recommendation into their SEVIS record.

USCIS can take many months to process Employment Authorization Document (EAD) cards, and the duration is variable. So I recommend filing the I-765 to USCIS as early as possible. Many students report faster adjudication times when they utilize USCIS’ e-filing option. Remember, an individual can only start working once they have the EAD card in hand.

Then in March, you can enter individuals on OPT in the H-1B lottery.

There’s lately been some good news for students whose degree is on the U.S. Department of Homeland Security’s STEM Designated Degree Program List: They are eligible to apply for a two-year extension to their OPT, which is called a STEM OPT extension. STEM OPT requires employers to devise a formal training plan for the individual.

A two-year extension will also allow you to enter the individual in the annual H-1B lottery two more times. This Dear Sophie column goes into more detail on STEM OPT.

Other speedy options for international talent

Engineers already living and working in the U.S.

The quickest option would be to find engineers who are already living and working in the United States on a work visa and filing a transfer petition to a new employer, because scheduling a visa interview at most U.S. embassies and consulates remains difficult. Although the U.S Department of State has given consular officials the authority to waive visa interviews in some cases through the end of this year, few such waivers are being granted.

If you’re hiring international talent already in the U.S., look at this previous Dear Sophie column where I talk about the fastest immigration options, particularly transferring an H-1B visa to a new company.

The O-1As

Sponsoring individuals for an O-1A extraordinary ability non-immigrant (temporary) visa is also a relatively quick process for those who qualify. Don’t let the description of the O-1A overwhelm you or potential hires.

Many of the startups we’ve worked with have received approvals for O-1As. You do not need to have a Nobel Prize, and there are other ways to qualify, such as:

• Holding patents.
• Receiving an international prize or award.
• Publishing articles in professional or major publications.

Other options

Citizens of certain countries can get work visas relatively quickly and easily. Some countries even qualify for premium processing, whereby USCIS guarantees the processing of an application within 15 calendar days for a fee. The visas for individuals from specific countries are:

• TN (Treaty National) visa for Canadians and Mexicans enables an employer to sponsor a Canadian or Mexican citizen in certain professions, such as engineering or computer systems, with a bachelor’s or higher degree. Premium processing is available.
• The H-1B1 visa is a fast-track H-1B visa for individuals who are citizens of Chile and Singapore. Premium processing is available.
• The E-3 visa for Australians is very similar to an H-1B visa, but employers can sponsor an individual for an E-3 at any time of year. Premium processing is not available for an E-3 visa. However, it’s relatively faster to get these visas.

Be proactive

My last bit of advice is to be deliberate about developing a company culture that embraces and supports diversity and helps team members take responsibility by optimizing for their peace of mind. The one thing they should worry about is their responsibility for growing your startup; everything else should be taken off their plate!

Proactively providing immigration security to your international hires, such as sponsoring them for green cards and demonstrating your continual commitment will help attract and retain talent.

You’ve got this!

— Sophie

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The information provided in “Dear Sophie” is general information and not legal advice. For more information on the limitations of “Dear Sophie,” please view our full disclaimer. “Dear Sophie” is a federally registered trademark. You can contact Sophie directly at Alcorn Immigration Law.

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