How can US tech companies support Ukrainians with immigration? – TechCrunch

​​Right here’s one other version of “Pricey 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 everywhere in 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 in search of a job in Silicon Valley, I’d like to reply your questions in my subsequent column.”

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Pricey Sophie,

Are you able to please present steering and counsel for corporations to assist Ukrainian group members who’re evacuating to the U.S.?

Drastically appreciated!

— Magnanimous VC

Pricey Magnanimous,

The apply of immigration is topic to the ever-changing tides of geopolitical modifications, and now, the battles in Ukraine. Finally, immigration is all concerning the human journey to freedom: We transcend border partitions, the circumstances of our births, and present situations (typically actually, typically figuratively) to cross via liminal areas on our journeys to the birthright of actualizing our human potential.

It’s straightforward to really feel concern once we face the uncertainty of world occasions, together with all the pieces taking place in Ukraine. One strategy to get out of our personal heads and get again to listening to our hearts is thru acts of service, by heeding the decision to assist each other to search out security, safety and the liberty to reside our goals. Our actions seeded with love within the microcosm all the time assist the macrocosm.

Due to the flood of inquiries we’ve been receiving on the subject of Ukrainian immigration to the U.S., beneath are some pointers for the way U.S. founders, tech corporations, and VCs can assist Ukrainian residents with U.S. immigration.

Namaste,

Sophie

10-step guidelines for U.S. tech corporations to assist Ukrainians with immigration

1. Make an inventory of all your group members who’re Ukrainian residents.

• Point out their final recognized location; whether or not they have some other citizenships; whether or not they have a visa to the US and, if that’s the case, what class it’s in; whether or not you might be conscious of any members of the family; whether or not they have been staff or contractors, and some other notes.
• When you have contact with these people, make a plan for backup communication strategies if obligatory.
• Ukrainians can safely retailer and share paperwork digitally via A26 Backpack from UC Davis.

1. Assist with journey preparations.

• If any of those people who’re outdoors the US at present have legitimate visas that permit them to enter the US in any standing, assist them with journey preparations to come back to the US.
• You may go above and past by offering meals and shelter for his or her journey.
• In parallel, speak to your immigration lawyer ASAP about what preparations will be made to assist them after they arrive, equivalent to a change of standing.
• The U.S. authorities has already made an exception within the nationwide curiosity and Ukrainian residents with legitimate visas don’t have to have COVID vaccinations or a damaging COVID check to enter the US.

1. Help qualifying of us with ESTA purposes.

• If any of those people have twin citizenship in a rustic that permits for ESTA, the U.S. Visa waiver program, assist them in making use of for this digital journey authorization to come back to the US.
• Remember the fact that folks can’t qualify for ESTA based mostly on Ukrainian citizenship.

1. Think about intercompany and investor visa choices.

• When you have any subsidiaries in Ukraine, seek the advice of with an immigration lawyer instantly about L-1 visas; use a blanket petition if attainable. Make sure to use premium processing.
• If you’re a majority-Ukrainian-owned firm in the US, speak to your lawyer concerning the E-2 visa for any Ukrainian residents who’ve important expertise.
• For the E-2, not like the L-1, there is no such thing as a requirement that the Ukrainian residents have labored in your firm at the very least one yr out of the final three years.

1. Speak to your world payroll supplier about third international locations.

• If you’re utilizing a worldwide payroll resolution to contract with staff in Ukraine and also you wish to carry them to the US, speak to your supplier about routes to the US for these people – both as contractors or as your staff.
• These choices may embody, however will not be restricted to, an L-1 for intercompany transferees (though that’s not assured to be permitted.)
• When you should not have a U.S. entity, an H-1B with or with out the lottery together with your world payroll resolution serving because the agent/petitioner may very well be an choice as effectively. (Extra H1B choices beneath, together with particulars for various paths in the event you do have a U.S. entity.)

1. Assist your group get visas in third international locations.

If you’re briefly transferring your contractors to a 3rd nation from Ukraine and utilizing your world payroll resolution to briefly make use of them there, sponsor these staff for U.S. work visas to get them to the U.S. after their time within the third nation.

They are able to apply for U.S. visas on the consulate in that third nation.

1. Think about all H-1B choices.

If you’re contemplating H-1B, there are two primary routes. The lottery is occurring via March 18, 2022. You may petition for any certified potential staff you want to sponsor.

Moreover, you may contemplate the cap-exempt H-1B choice via a nonprofit equivalent to Open Avenues. Then work together with your immigration lawyer to acquire a limiteless variety of H-1B employee visas at any time of yr with out the lottery.

1. Think about further choices for enterprise homeowners.

Ukrainian startup founders can contemplate choices such because the O-1A for extraordinary potential, Worldwide Entrepreneur Parole, and the E-2 investor visa as Ukraine and the US have a treaty of funding.

Some folks wish to know in the event that they might help Ukrainians with the EB-5 program, however the timing doesn’t actually work for this as a result of an EB-5 can take a number of years simply to get the primary approval. Subsequently, beginning an E-2 enterprise is perhaps a more practical short-term choice and it may be adopted by a wide range of inexperienced card sponsorship pathways.

1. Humanitarian choices will be difficult.

Submitting for asylum requires someone to already be in the US and to have skilled persecution or have a well-founded concern of persecution based mostly on very slim grounds. Even for someone who qualifies, it could usually take a few years for his or her asylum case to get adjudicated, so asylum-seekers usually really feel like they’re in limbo for a very long time.

An alternative choice referred to as Humanitarian Parole was closely utilized by people fleeing Afghanistan in the summertime of 2021. USCIS is extraordinarily backlogged with these requests.

Subsequently, the precedence – the place attainable — should be to search out non-immigrant visa choices the place the USCIS petition permits premium processing.

1. When you have any staff and worldwide college students in the US who’re already working or doing an internship in your firm, speak to your immigration lawyer ASAP about supporting these people with longer-term non-immigrant and inexperienced card options to allow them to safely keep within the U.S.

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Sophie’s podcast, Immigration Legislation for Tech Startups, is out there on all main platforms. When you’d wish to be a visitor, she’s accepting purposes!