Sponsoring Immigrant Talent for Remote Work - Is It Possible?

Dear Sophie: Remote Work and Visa Sponsorship

This is another installment of “Dear Sophie,” a column dedicated to answering immigration questions relevant to the technology sector.

Sophie Alcorn, a Silicon Valley immigration lawyer, emphasizes the importance of these questions. She states they are crucial for disseminating knowledge, empowering individuals globally to overcome geographical limitations and achieve their aspirations.

Whether you are involved in people operations, are a company founder, or are actively seeking employment in Silicon Valley, your questions are welcome. Sophie is eager to address them in her next column.

Extra Crunch subscribers gain weekly access to “Dear Sophie” columns. A 50% discount is available on one- or two-year subscriptions using the promo code ALCORN.

Question: Sponsoring Remote Workers

Dear Sophie,

Our startup is experiencing a period of significant growth and is actively recruiting. Currently, all our employees are working remotely, and this arrangement is expected to continue indefinitely, even after the pandemic subsides. We are considering candidates residing outside of the U.S. for several open positions.

Would it be advisable to sponsor these individuals for a visa, allowing them to work remotely from within the United States?

— Selective in Silicon Valley

Answer: Visa Sponsorship for Remote Positions

Dear Selective,

Thank you for your inquiry – it’s always encouraging to connect with a rapidly expanding startup! If members of your leadership team are also located internationally, be sure to investigate the recently announced International Entrepreneur Parole program designed for founders.

Sponsoring international professionals for a visa, even for positions involving remote work within the U.S., can be a sound business strategy. With appropriate legal structuring, your team members can work from their homes in Silicon Valley, the broader California area, or other states with a more affordable cost of living.

Many employers have posed this question, and a significant number of our clients are moving forward with sponsoring international talent for remote work positions using visas and green cards.

I recently discussed this topic, along with other recruitment and work trend issues, with Katie Lampert on my podcast. Lampert heads the talent acquisition and infrastructure team at General Catalyst, a venture capital firm investing in startups from seed to growth stages both in the U.S. and internationally.

She provides guidance to companies within the General Catalyst portfolio on all aspects of talent management, including building company culture, establishing recruitment infrastructure, and future workforce planning.

The Benefits of a Global Workforce

“Recruitment will become increasingly global, which is a positive development,” Lampert stated during our conversation. “This expansion will have a beneficial impact on workforce cultural diversity.”

Research indicates that a more diverse workforce correlates with increased financial success. The latest McKinsey & Co. report, “Diversity wins: How inclusion matters,” reveals that companies with ethnically and culturally diverse executive teams are 36% more likely to achieve above-average profitability compared to less diverse organizations.

McKinsey has published three reports on diversity, and each successive report has strengthened the business case for both ethnic and cultural diversity, and gender diversity, within corporate leadership.

Beyond improved profitability, attracting international talent to your U.S.-based startup offers numerous additional advantages.

• Enhanced innovation through diverse perspectives.
• Access to a wider pool of skilled professionals.
• Strengthened global network and market reach.

Mitigating Risks and Promoting Team Cohesion

Permitting employees to operate remotely from international locations, or even from different states within the country, can introduce complex legal and tax issues for your startup. Coordinating schedules and maintaining team synergy also presents a considerable hurdle.

By investing in relocating these individuals to the United States and aligning their work location with the rest of the team, you facilitate seamless online collaboration. This, in turn, boosts productivity, engagement, and a sense of inclusion.

Facilitating Hybrid Work Models

Many startups, mirroring a broader trend, are adopting hybrid work arrangements. These models typically involve designated days for in-person team interaction, combined with continued remote work flexibility.

Obtaining a visa sponsorship for international employees ensures full participation in these in-person activities. No team member is left unable to attend meetings or events, even those planned with short notice.

Demonstrating Long-Term Commitment

Even if your startup maintains a remote-first approach after the pandemic, sponsoring international talent for visas like the H-1B or O-1A demonstrates a strong commitment to the individual’s professional growth and well-being.

This sponsorship signals that your company values their contributions and is willing to invest in their long-term future with the organization.

Attracting and Retaining Skilled Employees

Frequently, obtaining a work visa for a candidate proves to be a more economical and expedited solution compared to sourcing talent within the highly competitive Silicon Valley job market. Offering visa or green card sponsorship serves as a compelling incentive when recruiting international professionals.

Furthermore, consistent and comprehensive immigration assistance can be utilized as a means of recognizing and rewarding exceptional employee contributions.

Organizations should prioritize the development of inclusive and diverse teams, alongside providing ample resources and advancement opportunities.

Consider reviewing a prior article where specific strategies and initiatives for supporting and retaining international employees are detailed, fostering inspiration and loyalty throughout the entire workforce.

The Importance of Feedback

Regardless of the chosen approach, Lampert emphasizes the necessity of employee surveys. These surveys are crucial for evaluating the effectiveness of implemented policies and programs.

Ensuring that initiatives are achieving their desired outcomes requires consistent monitoring and adjustment based on employee feedback.

Proactive immigration support is a key element in retaining valuable international team members.

Navigating Visa Options

Numerous work visa categories are available for skilled professionals in the technology sector, contingent upon the applicant's qualifications, professional history, and nationality.

Consider reviewing a prior article where I detail the most expedited immigration pathways currently accessible.

Engaging an immigration lawyer with substantial experience is highly advisable. They can formulate bespoke strategies and solutions aligned with your company’s specific requirements and timeframe, facilitating the recruitment of top-tier international talent.

I wish you success in your talent acquisition endeavors!

Sophie

Do you have a question for Sophie? Submit it here. We maintain the right to modify submissions for conciseness and clarity.

The guidance presented in “Dear Sophie” constitutes general information and should not be interpreted as legal counsel. Further details regarding the scope of “Dear Sophie” are outlined in our complete disclaimer. Direct contact with Sophie is possible through Alcorn Immigration Law.

Sophie’s podcast, “Immigration Law for Tech Startups,” can be found on all popular podcasting services. She is currently accepting applications from potential guests!