Event Coverage
Complicated Policy, Backlogs & Layoffs Place Silicon Valley H1-B Visa Holders in Limbo
SILVAR Board Director and Global Business Council Chair Jimmy Kang introduced immigration attorney Sophie Alcorn
On Wednesday, immigration attorney Sophie Alcorn spoke to SILVAR members on U.S. immigration policy and pathways to U.S. citizenship. Alcorn said U.S. immigration policy is very complicated, originating from a tapestry of laws that are decades old that were developed as larger waves of immigrants came to the country in the early 1800s.
It was in the 1960s when immigration laws became modernized and much of what it is today, with multiple types of visas for tourists, students, workers, investors and those seeking permanent residence and citizenship. Now there are so many routes to travel and stay in the U.S., said Alcorn. She shared a chart illustrating common paths to immigration for founders, investors, employees, including those persons deemed to possess "extraordinary ability" and talent. There are also paths for those with a student visa and through marriage and family ties.
Alcorn said H-1B is a popular visa for workers and one that is important for Silicon Valley, which has the highest percentage of foreign born population in the country. This visa allows foreign nationals to work temporarily in the U.S. for up to six years, and is renewable every three years if approved by the U.S. Citizenship and Immigration Services. Large tech companies in Silicon Valley have taken advantage of this program to recruit workers from China and India and other countries who possess specific advanced computer science, programming, science and engineering skills. Companies like Facebook have large immigration teams that help their employees and their families navigate the immigration system.
Alcorn indicated on top of an already massive backlog in processing of paperwork, the expiration of the Trump immigration restrictions has triggered large waves of immigrants to the southern borders seeking asylum. This adds to the problem of undocumented immigrants and the status of DACA (Deferred Action for Childhood Arrivals), which continues to be a "political football."
Many H-1B holders are "on a treadmill of renewals." In fact, green card ques have taken as long as 15 years for some that their children born here have reached the age of 21 and are able petition their parents to become citizens sooner. Recent layoffs in the region have only made matters worse for thousands of H1-B visa holders who are only given a 60-day grace period to find another job or leave the country.
Alcorn indicated for these visa holders there is not much that can be done other than getting another job, developing a start-up or being declared a person with extraordinary ability or talent, but time is against them. She noted Silicon Valley legislators like U.S. Representatives Anna Eshoo and Zoe Lofgren, who chairs the subcommittee on immigration and citizenship, have been advocating for H-1 visa holders facing job losses and asking the Biden Administration to extend the grace period so these workers have more time to find new jobs.
Unless this happens, these workers will find themselves in limbo. "It is a constant struggle living with that uncertainty in the back of their minds, especially for families who have children in school," said Alcorn.
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