Ask Sophie: Is it now easier for founders to get H-1B visas?

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Sophie is passionate about transcending borders, expanding opportunity, and connecting the world by practicing compassionate, visionary, and expert immigration law.

I’m thrilled by the new proposed rule issued by the U.S. Department of Homeland Security (DHS) earlier this week that makes it easier — and more appealing — for rising entrepreneurs to pursue an H-1B specialty occupation visa.

The proposed rule’s preamble confirms the current interpretation of the existing regulatory framework, focusing on the regulations that require employer sponsors to demonstrate an employer-employee relationship between a startup and a founder for the H-1B visa.

Also, a plus for startup founders is the proposed rule would make it so that an H-1B beneficiary can perform nonspecialty occupation duties commonly associated with their work, such as negotiating contracts and meeting investors.

During the Trump administration, the USCIS no longer deferred to prior decisions when evaluating applications for extension of status, which resulted in a significant increase in denied H-1B visa renewals.

The proposed rule seeks to level the lottery playing field, particularly for startups, and give H-1B candidates the power to choose if they have job offers from different companies.

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