Watch or listen to the interview here: https://www.crowleylawllc.com/podcasts/business-immigration-in-the-tech-industry-with-indy-sidhu/
Podcast Introduction
Voiceover: Welcome to the From Lab to Patient: Garage to Market podcast with your host, Phil Crowley. In each episode, we’ll discuss professionals serving the tech startup market and key issues for those companies. You can find this show on major platforms like YouTube, LinkedIn, Facebook, Apple Podcasts, Spotify, and on our website, CrowleyLawLLC.com. Now, here’s the host, Phil Crowley.
Philip Crowley: Hi, thanks for tuning in. I’m so glad you’ve joined us for this podcast.
Meet Our Guest: Inderjit Sidhu
Philip Crowley: I’m happy to introduce today’s guest, Inderjit Sidhu—who goes by Indy. She has over 25 years of experience in business immigration.
The Relevance of Business Immigration in Tech
Philip Crowley: You may wonder why business immigration is relevant to technology companies. Well, there are a couple of reasons. Sometimes tech companies outside the U.S. need to bring in experts and senior executives. There are also incredibly talented non-U.S. citizens who can contribute to tech companies here and need help establishing legal status. Indy has experience working with startups, IT, biotech, pharma, high-net-worth individuals, and elite talent in immigration law. She’s also worked with creative artists and professional athletes. Before starting her practice, she was corporate counsel for IT and software development companies, so she understands business needs at a practical level. I’m so pleased to have Indy here today. Hi, Indy, how are you?
Inderjit “Indy” Sidhu: Hi, Phil. I’m doing well, thank you so much for inviting me. I’m excited to have this discussion and help educate business entrepreneurs.
Indy’s Journey into Immigration Law
Philip Crowley: How did you choose immigration law?
Inderjit “Indy” Sidhu: Immigration law became a part of my own journey. I’m Canadian, and I went to law school in the U.S. There’s a misconception that Canadians don’t need visas to work or study in the U.S., but that’s not true unless you’re a green card holder or a U.S. citizen. Figuring out my own immigration process inspired me. After law school, I became corporate counsel for IT companies, particularly around the Y2K era when there was a rush for compliance. That’s when I saw a significant increase in business immigration. I spent over 13 years as corporate counsel before starting my practice, and immigration law remained a focus. My own journey from a Canadian to a U.S. citizen led me here.
Practical Immigration Cases and Solutions
Philip Crowley: Let’s talk about some practical cases. What kind of immigration issues arise for senior executives or technical experts coming to the U.S. for a time, and what permissions are available to them?
Inderjit “Indy” Sidhu: Great question. For overseas companies setting up a U.S. footprint or transferring employees, the L1A visa is often the best option. I had a client considering an EB-5 investor visa, which requires a minimum $800,000 investment to create 10 U.S. jobs. But they found that wasn’t feasible, so we discussed the E2 visa, which is available to nationals of countries with a U.S. treaty. The E2 allows for investment in a U.S. business, but it doesn’t provide a direct path to a green card.
After more discussion, we realized the L1A visa was the right fit for them. This visa allows an executive or senior manager from an overseas branch to transfer to a U.S. office. The client’s CEO wanted to move to the U.S., and within a year and a half, we secured the L1A visa and began the green card process. The green card allows permanent residency and is a pathway to U.S. citizenship. It provides flexibility for founders to invest in other companies without needing additional visas.
Crowley Law: Helping Founders Realize Their Dreams
Philip Crowley: Let me take a moment to introduce Crowley Law. We’re a boutique law firm passionate about helping founders in life sciences and other technologies bring their ideas to market. We help navigate the complexities from the lab to the marketplace. You can find free resources on our website, CrowleyLawLLC.com, or contact us for a complimentary conversation by emailing [email protected] with the subject line “Sidhu.”
Challenges and Changes in Immigration Law
Philip Crowley: Regarding changes in immigration law, we often hear about civil issues, but what changes have you seen either to streamline the business immigration process or make it more complicated over the past several years?
Indijit “Indy” Sidhu: One of the biggest changes is the shift towards online submissions. Immigration services are encouraging everything to be submitted online, but there’s a cap on file size—around 25 MB—and immigration files tend to be very documentation-heavy. So, that’s an area that might need some attention. However, processing timeframes have significantly improved. For example, L1A visas used to take 5-7 months under regular processing, but now it’s down to about 2.5-3 months. Even H-1B visas, which we didn’t discuss earlier, have seen improvements. These are work visas for what I consider “elite talent”—those requiring a bachelor’s or master’s degree for the job.
Philip Crowley: So, it doesn’t take being a Nobel laureate to be considered elite talent. What other qualifications are there?
Indijit “Indy” Sidhu: The primary qualification for an H-1B is that the position requires at least a four-year U.S. bachelor’s degree or its equivalent. From the company’s perspective, they need to offer a competitive salary. We use the Department of Labor’s wage surveys to ensure the salary meets the necessary requirements. If we get pushback from the government about the salary, we can reference their own data, which has been a successful argument for us in the past. Typically, if a salary for an entry-level position is too low, we’ll advise clients to offer at least a level 2 salary to avoid issues.
Philip Crowley: What are some common mistakes companies make that hinder their success in this area?
Indijit “Indy” Sidhu: For an L-1 visa, which involves intra-company transfers, having a solid business plan is crucial. The plan should outline market analysis, projected revenue growth, and how the business will expand over time. A clear progression is essential. Websites are another important factor. A business needs to have a digital presence that clearly explains what the business does, its management team, and other relevant details to support the immigration petition.
Philip Crowley: I see, so the INS looks for a website as part of the verification process?
Indijit “Indy” Sidhu: Yes, having a website shows that you have a legitimate digital presence, which has become a basic requirement for businesses. It supports what we include in the petition and helps explain the business’s intent and structure.
Philip Crowley: What’s the most interesting and exciting immigration case you’ve handled in your career?
Indy’s Most Interesting Case
Indijit “Indy” Sidhu: One of the most rewarding yet stressful cases was during COVID, around 2021, when consulates were partially open. I had a creative artist client with an approved O-1 visa for extraordinary ability in the arts, but his visa had expired, and consulates weren’t issuing new appointments. He was from the UK, and there was uncertainty about whether a third-party consulate would process his visa. I was brought in to help, and it involved working closely with the client, his team, consular officials, and even congressional assistance. There was a tight deadline since the artist was part of a writing team, and any delay would have impacted the upcoming season. We managed to pull it all together and get the visa in time. You really have to roll up your sleeves in situations like that to take on the stress for your client.
Conclusion and Contact Information
Philip Crowley: Indy, this has been a wonderful conversation. Please share your contact information with our listeners so they can reach out if they have questions about immigration law.
Indijit “Indy” Sidhu: Thank you. My website is www.indysidhu.com—that’s I-N-D-Y S-I-D-H-U. You can email me directly at [email protected]. If you’re thinking about entering the U.S. market or transferring executives, feel free to reach out, and we can schedule a call to discuss your needs.
Philip Crowley: Super, thanks, Indy. And for more free resources, visit crowleylawllc.com. We specialize in helping innovators, founders, and people with great IP. Thank you for joining today’s session, and I wish you all success in bringing great ideas to the marketplace.
Indijit “Indy” Sidhu: And I’ll add that the U.S. has plenty of opportunities for those looking to grow their businesses.
Philip Crowley: Thank you, Indy.Voiceover: You’ve been listening to From Lab to Patient: Garage to Market with your host, Phil Crowley. You can find this show on YouTube, LinkedIn, Facebook, Apple Podcasts, Spotify, and crowleylawllc.com. If you found this information helpful, please subscribe, like, leave a positive review, and share with others.
