Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.
“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”
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For the past few years, our company has put very promising candidates into the annual H-1B lottery. None of them have been selected — and none of them meet the requirements for other work visas like an O-1A.
We lost out again in this year’s H-1B lottery. Are there any other ways we can obtain H-1Bs for our team members?
— Soldiering On in Sunnyvale
Thank you for your timely question — you are not alone! Many employers face the same frustration given that the number of H-1B visas the government issues each year is capped at 85,000, while typically more than twice that number are sought by employers annually.
At my Silicon Valley immigration law firm, we’ve been delighted for the opportunity to collaborate with the nonprofit Open Avenues Foundation to support private companies with a Plan B: a cap-exempt, concurrent H-1B for their employees, without needing to go through the H-1B lottery.
It’s a timely, predictable solution that supports teams whether the beneficiary is currently outside or inside the United States.
I recently interviewed Danielle Goldman, co-founder and executive director of Open Avenues, on my podcast. Through the Global Talent Fellowship program, the foundation offers a unique solution for employers like you to have a Plan B for H-1Bs: It’s possible to obtain an H-1B visa for an existing or prospective employee without going through the H-1B lottery process — or the randomness and timing restrictions that come with it. Goldman refers to the program as “innovation within legislation.”
So how does that work? Well, first off, you should know that four categories of employers are exempt from the annual H-1B lottery, meaning they can apply for an H-1B visa at any time of year and their pool of H-1B visas is not capped. The four categories of employers that are eligible for cap-exempt H-1Bs include: