Immigration 101 for Startup or Lean HR Teams

A startup-friendly guide to hiring and supporting your first foreign national employee

So your startup is about to hire its first foreign national employee. Amazing news—you're growing, you're attracting global talent, and you're officially in the big leagues.

But now someone drops the words “I-94” or “visa stamp,” and you’re suddenly Googling things like “Can an H-1B start work before approval?” or “How to fill out an I-9 for someone on OPT?”

Take a deep breath. You’ve got this.

In this guide, we’ll walk you through everything you need to set up a basic—but effective—immigration program. No software required. Just a solid tracker, a few calendar alerts, and a commitment to keeping your employee (and your company) compliant.

🧱 Step 1: Build the Foundation

You don’t need an immigration platform or a law firm on retainer (yet). But you do need a system—even if it’s manual.

✅ Appoint an immigration point of contact

Even if it’s you, someone needs to own:

• Tracking immigration status and expiration dates

• Communicating with the employee

• Managing forms, documents, and attorney interactions (if applicable)

✅ Create a shared tracker

Start with a simple spreadsheet. Track the basics:

• Employee name

• Work authorization type (e.g., F-1 OPT, H-1B, L-1, etc.)

• Key dates (see below)

• Case status (e.g., “H-1B filed on March 1”)

💡 Hint: As a rule of thumb, track the earliest date between the employee’s I-94 and visa stamp. Whichever expires first often determines when action is needed.

✅ Set up calendar reminders

Manually input 90-day and 30-day alerts before any critical expiration dates. Don’t trust your memory or email inbox to remind you.

📅 What You Actually Need to Track

Here’s a quick breakdown of what’s relevant and why it matters:

Item	What It Means	Why It Matters
I-94 Expiration	Date the employee is authorized to stay in the U.S.	Work authorization is usually tied to this.
Visa Stamp Expiration	Stamp in their passport, issued by a U.S. consulate	Needed for re-entry to the U.S. after travel. Doesn’t affect work status in the U.S.
EAD Card Expiration	Employment Authorization Document for OPT, STEM, L-2, etc.	Once this expires, they can’t work. You must reverify the I-9.
H-1B or LCA End Date	Date printed on the H-1B approval (I-797) and Labor Condition Application	Dictates when extensions must be filed. You can’t miss it.
Green Card Milestones	PERM filed, I-140 approved, etc.	Long-term planning and retention depend on these steps.
Travel Dates	Especially if the employee is traveling internationally	A visa stamp may be required for reentry. Travel can delay processing.

💡 Hint: The I-94 is the silent killer. It’s often forgotten—but it’s the most important date for continued work authorization.

📂 I-9 Verification: Don't Skip This Step

Every U.S. employer must complete an I-9 for every employee—including foreign nationals.

Here’s how to do it right:

Section 1: Completed by the employee

• Must be done by the first day of work.

• Employee selects their work authorization category.

Section 2: Completed by the employer

• Must be completed by Day 3 of work.

• You verify the documents (e.g., passport, EAD card, I-94) in person or over video (if remote).

💡 Hint: Set a calendar alert for I-9 reverification before any document on file expires. You’ll need to complete Section 3 or a new I-9.

🔁 Reverification: What to Know

If an employee’s work authorization document expires (like an EAD card or I-94), you’re legally required to reverify their I-9.

Here’s what to do:

• Notify the employee 90 days before expiration.

• Ask for updated documents before the expiry date.

• Complete Section 3 of the I-9 with the new details.

💡 Hint: The expiration date on the visa stamp in their passport is not used for I-9 purposes. Use the I-94 or EAD card date instead.

📆 Immigration Planning Milestones

If you’re planning to sponsor someone (e.g., H-1B or green card), timing is everything. Here are the general stages:

1. F-1 OPT or STEM OPT period (if applicable) – Temporary work authorization after graduation.

2. H-1B sponsorship – Lottery opens in March each year. Filing happens in April. Work start date (if selected) is October 1.

3. Green Card (PERM process) – Can take 18–24 months. Start early to avoid losing the employee due to max-out timelines.

💡 Hint: If your employee is on OPT or STEM OPT, start H-1B prep in January, before the March lottery registration.

🚧 Do's and Don’ts (Especially for First-Time Employers)

✅ DO:

• Ask your employee directly for their current immigration status and expiration dates

• Keep scanned copies of all documents in a secure shared folder

• Document everything: emails, USCIS filings, attorney conversations

• Review international travel plans early—at least 30–60 days out

❌ DON’T:

• Assume someone can keep working after their I-94 or EAD expires

• Confuse a visa stamp expiration with work authorization

• Forget about dependents (spouses and kids might need separate filings)

• Rely only on your employee to remind you about deadlines

🛠️ Pro Tip: Create a Repeatable Playbook

Once you’ve gone through this process once, don’t start from scratch again. Create a basic “Immigration Playbook” that includes:

• New hire intake form with immigration questions

• Welcome email templates explaining I-9 and next steps

• Checklists for common situations (OPT to H-1B, H-1B renewal, Green Card path)

• A shared folder structure for organizing documents (e.g., 01_I-9, 02_H-1B, 03_PERM)

🌱 Final Thoughts: You’re Not Alone

Managing immigration for the first time can be overwhelming, especially if you’re used to fast-paced, do-it-yourself startup life. But a little organization and a few proactive steps can go a long way.

Your foreign national employee is trusting you—not just to file paperwork, but to protect their ability to live and work in the U.S. If you’re diligent, communicative, and kind, you’re already ahead of the curve.

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Note: This document provides general information and should not be considered legal advice. Immigration policies change frequently, and individual circumstances vary. Both employers and employees should consult with qualified immigration counsel regarding specific situations.