
Ask Sophie: How can we switch H-1Bs and inexperienced playing cards to our startup?

Right here’s one other version of “Ask Sophie,” the recommendation column that solutions immigration-related questions on working at know-how corporations.
“Your questions are important to the unfold of information that permits folks all around the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in folks ops, a founder or searching for a job in Silicon Valley, I might like to answer your questions in my subsequent column.”
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Expensive Sophie,
I used to be just lately laid off. I’m co-founding a cleantech startup with two of my former colleagues, who have been additionally laid off. Each of my co-founders are on H-1Bs and had inexperienced playing cards within the works with our former firm. I’m a U.S. citizen.
What do we have to do to switch their H-1Bs and inexperienced playing cards to our startup? Primarily based in your expertise, do buyers care concerning the amount of cash a startup spends on visas and inexperienced playing cards for his or her founders?
— First-time Founder
Expensive First-time,
Congrats to you and your co-founders on dreaming huge and taking the leap to create your individual startup! I recognize your dedication to the atmosphere, your tenacity, and your spirit of innovation.
Let me take your second query first. Primarily based on my expertise, nearly all of U.S. buyers who spend money on my worldwide founder shoppers are usually curious about whether or not the startups have an modern thought with some preliminary traction, a robust founding workforce and are structured as a Delaware C-corporation. Many buyers I’ve labored with have been very supportive of immigration efforts that preserve founding groups and key expertise collectively in america to construct and scale their startups, even when which means paying larger wages than typical for founders within the startup market to make sure compliance with varied immigration necessities.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a new window)
That mentioned, you may broaden your funding sources by contemplating grants, significantly since your focus is cleantech. The massive advantage of grants is that they’re non-dilutive capital. They usually don’t require compensation like a mortgage. You could have a contract with deliverables that you just as startup founders outline.
What’s extra, grants and different funding may also help your co-founders qualify for an EB-1A extraordinary potential inexperienced card, which I’ll focus on in additional element in a bit. These funds will also be used to pay your co-founders’ authorized and submitting charges for his or her H-1Bs in addition to their H-1B salaries.
Now let me dive into your preliminary query, beginning with H-1B transfers.
H-1B Transfers
As you and your co-founders know, they’ve a 60-day grace interval from their final day of employment of their former H-1B position till they’ve to go away the U.S. or apply for one more standing. Transferring your co-founders’ H-1Bs to your startup is unquestionably attainable, however you’ll wish to begin instantly. It’s vital to take the steps essential to qualify your startup for sponsoring the H-1Bs earlier than continuing with the switch. And it’s vital to take these steps rapidly because the 60-day grace interval in your co-founders is already counting down.
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