Getting a visa to work in Bay Area tech: doable or not?

November 25, 2018 11:46 AM

I'm a tech-producer/project manager from Europe, and decided I'd like to move to the Bay Area and get a job in tech. What are my odds as someone without a visa? I have a bunch of friends there, but all are born in the US, so don't generally know much about visas.

I've lived in the US before, twice on a J1 visa, but I'm too old (37) for those now. I have no idea if startups or other tech companies are willing to organize visa's these days. Especially since I heard immigration has gotten worse recently. Any insights or experience are very welcome!

Sidenote: My background here isn't the 'tech production all the way down' - I've freelanced with many different kinds of gigs throughout the years, moving between research, design (lead) and project management. It seems to me these startups want to hire people with one focus. So I'm not sure I'd be the most obvious pick, but I am absolutely certain that if I were to get a job, my worth would be obvious within no time.

posted by Thisandthat to Work & Money (10 answers total)

I'm not sure what you mean by "too old" -- I'm on a J-1 visa and I'm older than you.
posted by zeri at 11:57 AM on November 25, 2018

IANAIL, but basically jobs for non citizens require work authorization. That can be acquired in a number of ways, but assuming that you're not marrying a citizen or you're not a wealthy entrepreneur, you're mostly looking at an H1B visa. This is an employer sponsored visa and, more or less, they have to demonstrate that you're highly qualified.
These are in high demand and there are limits to them.
So, go ahead and apply to jobs that you're qualified for and check the wording for any limits on sponsoring visas. You may also want to consider hiring a headhunter.
posted by k8t at 12:04 PM on November 25, 2018 [1 favorite]

Response by poster: ah yes. a headhunter, good point!

Btw I'm aware of the H1B visas - so I should word this better, but I'm curious to know how likely it is to get sponsored these days. Are startups still sponsoring, or is the current climate too immigration-unfriendly?

(As for too old: I've been on one J1 for studying, and two for 'traineeships" so.. I'm not sure how many more traineeships I can reliably do)
posted by Thisandthat at 12:10 PM on November 25, 2018

Best answer: Assuming your long term plan is to live in the US (i.e. you have "dual intent"), your options are:

• H-1B. This is awarded by lottery. You need to have a job offer from a company willing to sponsor your application. That offer needs to be ready to go in spring (so now is the time to start). The employer needs to submit your immigration packet during the first week of April. This enters you in a lottery. If selected, you find out around 1-2 months after April. Only then is your application scrutinized. Assuming you, your employer and the their/your lawyer jumped through the administrative hoops when you filed paperwork, this should be a formality (possibly involving an embassy interview). But the lottery itself is a long shot (200k applicants for 65k places each year). If selected, and if your paperwork is OK, you can enter the US and start work in October of the same year.
• L-1. This is an internal transfer visa. You'd need to get a job in a non-US country with a company with a US presence. They need to apply to USCIS for this visa on your behalf, which allows you to transfer to their US locations. The odds for this are much better once the application is in (no lottery). But it being a transfer generally implies that you need to work for the company outside the US for a while. The E-2 is a variant on this that's worth looking in to, but only if you are a citizen and resident of a handful of countries.
• O-1. This is "extraordinary talent". Based on what you say about yourself, you don't seem like a candidate for this. But if you are, it's a good visa. You don't need an employer sponsor. You do need to demonstrate unusual accomplishments in your field. To calibrate expectations here, the guidelines I got from my lawyer suggested that I mention a Nobel Prize if I had one. At a minimum, you should have a graduate degree or industry awards. I have those, and we still decided H-1B was an easier route.

Employers much prefer citizens or permanent residents to H-1B applicants because it's an expensive process, it probably won't work (the odds of being selected are long and have nothing to do with the merit of your application), and even if you're selected there's a ~1 year wait from identifying the candidate to their starting work. But on the other hand: there have been very few practical changes to the H-1B program in the last couple of years. They suck, but they're the best option you've got, and they don't suck any more than they did 3-4 years ago. You mention "startups". If you're talking small, early stage companies, these are precisely the organizations least likely to have the time and money to go through this process on your behalf. My advice is aim for larger companies. That said, you may have unusual skills that make you worth spending time and money on. If you can find an employer willing to submit an H-1B application on your behalf then by all means give it a shot.

I had a J-1 while working in academia. They preclude dual intent and they are relatively short, so employers outside academia don't love them except for temporary or very junior positions. I don't know a ton about applying for them outside academia, so I can't speak to how easy they are to get. But it's very important to note that they often come with a mandatory home residency requirement. You should check you aren't currently subject to this from your previous J-1s, and you should think carefully about the implications of a new J-1 if you hope to live in the US long term.

Source: I have had J-1, E-2 and H-1B. I've managed recruitment for J-1 holders.
posted by caek at 12:22 PM on November 25, 2018 [12 favorites]

Best answer: It's not hard to qualify for a H-1B but there's a limited number of them - there are only 65,000 of them, plus 20,000 additional ones for candidates with a Masters degree. And the lottery is in April. So you'd have to find a job, get hired and have the visa application in before April to get a visa for 2020. This year there were 190,000 applications for the 85,000 visas.

caek beat me to the rest of it and did a better job anyway - you have better chances being hired by a big tech multinational and then transferring on an L-1.

The other unofficial option is to marry an American although I don't recommend doing this solely for work visa purposes because that's illegal.

Startups are very willing to sponsor people for visas, but the H-1B lottery is still popular enough that your odds are not great.
posted by GuyZero at 12:27 PM on November 25, 2018 [1 favorite]

Best answer: My bay area biotech company (which has a heavy software component) will sponsor visas for any sufficiently senior position. I suspect product manager would be eligible for sponsorship. So I agree, definitely apply unless the job description specifies that they won’t sponsor.
posted by pombe at 12:33 PM on November 25, 2018

Best answer: One more note: if you go the H-1B route, you can improve your odds by entering the lottery several times. To do this, you need several companies to submit an H-1B application on your behalf in the first week of April.

This is a common and effective (and IANAL but currently quite legal!) strategy that can take your overall chance of getting an H-1B from remote to pretty good. For example, if the chance of any one application being selected is 25%, and you make three applications, the chance at least one of your three applications being selected is 57%. (I work in the bit of tech where variations on this calculation are good screening interview questions...)

These applications must each be bona fide separate job offers at separate companies. I.e. IANAL but it's generally OK to submit applications for "product manager" at Company A and "product manager" at Company B, provided A and B have nothing to do with each other. But you should not submit applications for "product manager" at Company A and "project manager" also at Company A. If Company A has their shit together they won't let you do this, but the responsibility is ultimately yours and the consequences of screwing up are serious (deportation, long term ban from entering the US, etc.), so you may want to consult with a US immigration attorney.
posted by caek at 12:59 PM on November 25, 2018 [1 favorite]

Best answer: Several major tech companies have offices in Prague or other European cities where they can hire European folks. After about a year, they can then apply for the L1 visa on your behalf. Try Google, Apple, etc in their European sites. For example, Apple London area.
posted by blob at 7:00 PM on November 25, 2018

Best answer: As a grad student in the bay area who goes to one of the best schools here who also has 3 year work experience and is currently struggling to even land a good internship offer, I wouldn't bother. This land is full of opportunities but also has an incredible pool of talented and experienced people that make any big fish feel like the tiniest worms. Now add the nature of job sponsorship in the US to that, oof. I really don't want to be a negative person here, work/apply but don't be too hopeful. My one advice is DEFINITELY do not bother reaching out to start ups. They don't have the time or resources to go through any paperwork whatsoever. Some will even turn down candidates who can work without sponsorship for three years on an OPT just because they will need sponsorship at one point. If I had to pick a path for you to pursue, it would be the L1 path.
posted by SkinsOfCoconut at 10:31 PM on November 25, 2018 [1 favorite]

I am in the Bay Area tech industry working at a start up and recently hired for a producer role and part of it did not include visa sponsorship approval so I think it’d be hard for you
posted by raw sugar at 5:06 PM on November 26, 2018