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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Dear Sophie,
I’m the founder and CEO of a startup in Istanbul, and I’ve heard that articles in publications about an entrepreneur or a startup can be a big plus when applying for an O-1A or H-1B visa.
Is that true? Which publications are valid? Should they be tier-1 or in English? Thank you for your help!
— Tenacious in Turkey
Dear Tenacious,
Thanks for reaching out to me with your questions! It’s a great time to start putting your immigration plans into motion before the immigration fee increases go into effect.
Keep in mind that both the O-1A and H-1B, like most other work visas, require a U.S.-based employer sponsor or agent.
Alternatives to the H-1B and O-1A
Before I answer your questions, there are two other visas you should also consider, particularly if your startup is not yet set up to do business in the U.S.
If you have been working for your startup for at least one year, you may want to consider an L-1A visa for an intracompany transferee executive or manager. With an L-1A, you can come to the U.S. to open an office for your startup.
Unlike the H-1B or O-1A, the L-1A has few eligibility requirements. It offers a maximum stay of seven years and a direct path to a green card: The EB-1C green card for a multinational executive or manager.
Another option is the E-2 visa for treaty investors, which is a great option for international founders whose home country has a trade and commerce treaty with the U.S. The U.S. Department of State maintains a list of treaty countries, which includes Turkey. The E-2 enables an international founder to live and work in the United States.
Check out this previous Dear Sophie column in which I discuss the pros and cons of both the L-1A and E-2.
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
Now, let’s explore how an article in a publication can help you on your journey to the U.S.
Publications
Being featured in a publication is one of the qualifying criteria for the O-1A extraordinary ability visa. However, it’s not a requirement at all for the H-1B specialty occupation visa.
In many respects, getting an H-1B visa is based on luck, as you have to enter an annual lottery. The sponsoring employer also has to meet certain basic requirements, including:
- Offering a job that requires specialized knowledge and at least a bachelor’s degree or equivalent.
- Registering the H-1B candidate for the annual lottery in March.
- Promising to pay the visa beneficiary the prevailing wage based on the job and location.
- Attesting that hiring the visa candidate will not negatively impact the wages and work conditions of American workers.
You only need to have at least a bachelor’s degree or equivalent for a specialized occupation to qualify for the H-1B visa. The bar for qualifying for an O-1A is much higher, but I find that most startup founders with a product and some early traction can easily qualify for it.
What kind of publications count?
To qualify for the O-1A visa, which is reserved for those with extraordinary ability or achievements, you must either be a recipient of a major internationally recognized award, such as a Nobel Prize, or must meet at least three of eight criteria. One of those criteria is that articles either by or about an O-1A candidate should be published in major newspapers, magazines, trade journals or other professional publications.
The specific legal requirement is that you can demonstrate you have “published material in professional or major trade publications or major media about the beneficiary, relating to the beneficiary’s work in the field for which classification is sought, which must include the title, date, and author of such published material, and any necessary translation.”
While helpful, publications or news reports do not need to be major, tier-1 media with millions of readers, subscribers or viewers. The publications do not need to be in English either. However, your application must demonstrate that the article had an impact on your field — for example, it generated a high number of views or a response from a prominent leader in your field. You will also need to have any non-English articles translated to English by a certified translator.
For startup founders, I typically recommend at least five articles written by you or six or more articles written about you or your startup in general newspapers, which can include newspapers from your home country, online news publications in your field, business magazines or trade publications in your field. Chapters in books count, too!
Newsletters and press releases that were never published in a major publication don’t qualify. Articles in student-run or university publications usually don’t count either, and posts on Medium and blogs, or YouTube videos usually do not count — unless they go viral.
Take a look at this previous Dear Sophie column in which I explain how to qualify for each of the O-1A criteria.
You’ve got this!
All my best,
— Sophie
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The information provided in “Dear Sophie” is general information and not legal advice. For more information on the limitations of “Dear Sophie,” please view our full disclaimer. “Dear Sophie” is a federally registered trademark. You can contact Sophie directly at Alcorn Immigration Law.
Sophie’s podcast, Immigration Law for Tech Startups, is available on all major platforms. If you’d like to be a guest, she’s accepting applications!