H-1B visa

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The H-1B visa ban is creating nearshore business partnership opportunities

Andrés Vior
Contributor

Andrés Vior is the VP and country manager for Argentina at intive. A computer engineer who graduated from the University of Buenos Aires (UBA), he is also a member of the Chamber of Software and Computer Services Companies of Argentina (CESSI).

In June, President Donald Trump signed an executive order temporarily suspending work visas for H-1B holders, which includes skilled workers like software developers.

Considering that 71% of workers in Silicon Valley and other tech hubs are international, the order poses a number of logistical and business challenges for startups.

While nearshoring was an option before the virus struck, the urgency to nearshore due to the visa ban, combined with the remote revolution taking place, has meant companies are reconsidering it as a solution. As a result, the suspension presents an opportunity for companies to bring on board software development capabilities from abroad.

Nearshoring is a way to hire teams in locations that share similar time zones and are easily accessible. Nearshoring also enables U.S. companies to utilize services from close locations, where the talent, working conditions, and salaries are more favorable. In fact, it can save businesses up to 80% on costs, while providing employees with flexibility, autonomy and better career development pathways.

Not only is nearshoring a pragmatic response to the visa ban, it has the potential to be a long-term hiring alternative for businesses. Here’s how:

Laying the groundwork for remote teams

Amid the pandemic, demand for developers has remained high, no doubt due to companies needing teams to build, maintain and optimize digital platforms as they transition to online services. The visa ban means that businesses in foreign markets can help meet such demand, particularly as tech talent from other countries comes with a fresh, different skill set that empowers companies to solve problems in new ways.

In the past, moving to the U.S. and living the American Dream oriented many foreign businesses’ professional paths. However, the trend has changed. The appeal of the United States was slipping prior to the virus — it ranked 46th out of 66 for “perceived friendliest to expats” — and post-COVID-19 may be even more detrimental.

In a more connected world, businesses and individuals can reap the benefits of U.S. opportunities — top technology stack, access to exciting companies and world-class research — without having to actually live in the country. In this respect, nearshoring means foreign teams have the best of both worlds: the comfort of home and ties to an international powerhouse.

The remote shift is demonstrating that teams can function well at a distance; some studies have even revealed that employee productivity and happiness benefit from remote work. In the global remote shift, nearshoring is being seen as an accepted and advantageous model. Companies that opt to nearshore in response to the visa ban can take advantage of the changing tides and use this time to lay the groundwork for best practices within remote teams. For instance, by devising policies for things like communication, tracking progress, vacation and development plans according to the new conditions and specific mission statements. As a result, businesses can seamlessly build professional partnerships.

Another advantage of nearshoring is that the flexible teams contribute to a ready-to-scale model for startups. By having development partners located in different countries, companies can network on a wider level and grow faster among local markets. Rather than start from scratch when expanding, nearshoring gives companies a presence — no matter how small — across regions, which can later be built upon.

Attracting fresh investment

Similar to having a readiness to scale, the H-1B visa suspension positions nearshoring as a viable way to strategically partner with foreign development studios. In contrast to offshoring, nearshored businesses are often more vested in the projects they work on because they share time zones and are thus able to work more closely and with greater agility. Within startups, such agility is essential to continuously test, iterate and pivot products or services. Outsourced teams often have defined outputs to achieve, while freelancers are split across several projects, so aren’t completely ingrained in companies’ visions.

With nearshoring, startups can target partners that have experience in a particular area of business or with a specific tech feature and accelerate their time to market. Instead of building systems from zero, they can launch into version 2.0 because the wider choice of experts means there’s a higher chance of partnering with teams who already understand how the industry functions. Nearshore partners also have vast knowledge across industrial fields at a level that is impossible for direct hires to have. Companies therefore don’t have to tackle the difficulty of curating a great team, because nearshore partners are an already solid pairing.

When it comes to funding, this synchronicity, agility and preparedness indicates that a startup has momentum. For investors, nearshoring shows that the company has on-the-ground insights about potential markets to disrupt, and that the business model can thrive using remote teams. As the world braces itself to go fully digital, startups that have already adopted remote processes that catalyze growth will no doubt catch the attention of investors.

Promoting greater diversity in teams

Latin America is a clear choice for U.S. businesses looking to nearshore. The region’s proximity, increasing internet penetration, and impressive number of highly skilled developers are all a significant draw.

It’s also worth noting that diversity plays a core role in nearshoring. Currently within tech, Hispanic workers are noticeably underrepresented, making up a mere 16.7% of jobs. Despite the physical distance, nearshoring in Latin America can bring people from different social and economic backgrounds into companies, boosting their visibility in industries as a whole, and setting a firm foundation for equality.

Studies also show that diversity influences creativity among teams, as well as increases company revenue.

Moreover, nearshoring accelerates diversity in a manner that isn’t disruptive. Foreign team members don’t have to sacrifice their home, friends and family to further their professional career. Relocating to the U.S. can be daunting for people who haven’t previously worked abroad, especially when factoring the change in living costs and new culture norms. Nearshoring means teams can work from locations they’re familiar with, so need less time to get up to speed on business processes. They additionally have the emotional support of their social circles nearby, which in the current climate is important for employees’ personal and professional wellbeing.

Leveraging the right partnership

Research is key to successfully find a nearshore company, and startups don’t always have the time and resources to conduct an in-depth analysis of locations and their ecosystems. The most practical manner to nearshore the right talent is with a nearshoring partner that is responsible for scouting, vetting and communicating with foreign developers.

To find an appropriate partner, ensure that they have previous experience in your industry and positive testimonials from startups in your location. They should also have a clear presence in the regions they operate in; try checking online for their press releases, events they sponsor and general content that validates they are active and respected.

Once you’ve found an appropriate nearshore partner, rely on them to know what teams in your preferred locations need in terms of culture. Nearshore partners will essentially be your development partner — you can leverage them to be your whole Research and Development department. They can guide you on the tech side of your business, advise you on the right team at the right time, give you direction on stack and methodology, and curate the right environment for the team to be productive. In contrast, hiring freelancers comes with risks because you won’t necessarily know the specific needs of the location they’re in. Be aware — if there’s a cultural disconnect, you risk not finding a partner, but a vendor that’s buying into a superficial version of your startup, as opposed to your real startup vision.

Once you’ve settled on a well-fitting nearshoring partner, ensure you have detailed contracts with all team members, as well as nondisclosure agreements. Nearshoring requires a level of mutual trust, however, at such an early stage of your company’s lifecycle, you need to know that your processes and data will not be revealed to competitors. Check that your nearshore partner’s financial status is secure and sufficient for a long-term model. Correspondingly, service level agreements will set the parameters for job responsibilities and deliverables. After all the formalities are covered, you can focus on curating fruitful, long-term relationships.

Acclimatizing in the new normal

The COVID-19 crisis has made recruitment a remote-dominated sphere. Traditional modes of hiring are being reassessed, and companies are realizing that teams don’t have to be in an office to be productive. In fact, not having to cover visa and administration fees for foreign employees is much more cost-effective for companies.

As time passes and businesses develop habits best-suited to remote work, nearshoring will become increasingly popular. People are prioritizing joining teams where their career development, well-being and ethics are protected, all of which nearshoring can offer with the added benefit of not completely upheaving workers’ lives.

Startups who embrace nearshoring early on could find themselves competing with top tech firms that struggle because of recruiting limitations. With the end of the pandemic unknown, and thus no hard deadline for the visa ban, tech companies have to look at alternative modes of building teams. Startups have the advantage of revising their remote product development approach without disturbing workflows too severely. They are also known for pioneering fairer and more innovative workplaces that are enticing for a broader scope of employees.

Nearshoring is mutually beneficial because developers don’t have to give up their culture for a great employment opportunity, and businesses can reap the benefits of diversification. Ultimately, the H-1B visa suspension could stimulate true globalization in tech, where companies can achieve their best performance using global resources.

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Dear Sophie: How can I transfer my H-1B to my startup?

Sophie Alcorn
Contributor

Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.

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.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie:

I’m employed at a major Silicon Valley tech company in H-1B status. I want to found a startup. How can I work at the startup?

—Enterprising in Emeryville

Hiya Enterprising,

Thanks — you’re in good company; a lot of people are inspired by amazing new ideas during the pandemic. It’s a great opportunity to seek life transitions and new adventures.

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Dear Sophie: How can we sponsor H-1B transfers and extensions?

Sophie Alcorn
Contributor

Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.

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.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie:

I work in people ops at a startup. We have no experience with H-1B visas. We recently received applications for job openings from a couple of strong applicants who are on H-1B visas with other companies. What should we know about hiring an H-1B visa holder?

One of the job applicants will need to have her H-1B renewed next year. What should we know about filing for a renewal? Are H-1B transfers and renewals still possible given that H-1B visas are no longer being issued at consulates?

—Newbie in Newark

Dear Newbie,

Exciting that your company is hiring. Congrats! Yes, H-1B transfers and renewals are still possible. The only current restriction is that H-1B visas can generally not be issued to people outside the U.S. right now. They were halted through at least the end of 2020 under last month’s executive proclamation.

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Dear Sophie: Which visa should a startup pursue to hire someone from Mexico?

Sophie Alcorn
Contributor

Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.

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.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie:

I work in people ops at a biotech startup. We received an application from a very promising candidate from Mexico for a job opening we’ve had listed for quite some time. Our company has never sponsored anyone for a visa. Which type of visa should we pursue, how much will it cost, how long will it take, and what should we keep in mind while working through the process?

—Puzzled in Petaluma

Dear Puzzled,

Thank you for your question! I’m excited to hear that your startup is looking to sponsor an international professional for the first time!

Professionals who are citizens of either Mexico or Canada may be eligible for a TN (Treaty National) visa. A TN visa holder’s spouse and dependent children are eligible for a TD (Treaty Dependent) visa.

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Dear Sophie: What is required of employers laying off foreign workers?

Sophie Alcorn
Contributor

Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.

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.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one or two-year subscription for 50% off.


Dear Sophie:

Fallout from COVID-19 is forcing our startup to downsize. What legal requirements do we need to consider if we’re laying off foreign-born employees or scaling back their hours?

— HR Manager in San Mateo

 

Dear HR Manager:

Thank you for your question; a lot of people are going through the same thing. Keep in mind that terminating an employee that your company sponsored for a visa or green card can have ramifications for future hiring.

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Dear Sophie: What’s the best option for international founders to expand in the US?

Sophie Alcorn
Contributor

Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.

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.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one or two-year subscription for 50% off.


Dear Sophie:

I’m a startup founder in Israel looking to expand into the U.S. market. What is the best visa option for me and a key member of my executive team to come to the U.S. to establish a sales and marketing office there? I would like my spouse and children to join me if my spouse can also work in the U.S. Is that possible?

— Tenacious in Tel Aviv

Dear Tenacious:

Thanks for reaching out. Based on your situation, the E-2 visa for treaty investors and employees may offer the best option.

An underutilized option, the E-2 visa is ideal for startup founders and employees whose home country has a treaty of commerce and navigation with the U.S. Israelis became eligible for E-2 visas just last year, joining the citizens of 80 other treaty countries. For more details on E-2 visas for founders and employees, check out Episode 16 of my “Immigration Law for Tech Startups” podcast.

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Dear Sophie: How do I get visas for my team to work from home?

Sophie Alcorn
Contributor

Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.

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.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one or two-year subscription for 50% off.


Dear Sophie:
I sent my startup team home to work remotely for several weeks. We have several folks on visas and work permits — am I supposed to do anything special for them? Can I proactively get visas for future employees to primarily work from home?

— Burrowing in Burlingame

Dear Burrowing,

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International students face immigration hurdles under Trump

Xiao Wang
Contributor

Xiao Wang is CEO at Boundless, a technology startup that has helped thousands of immigrant families apply for marriage green cards and U.S. citizenship while providing affordable access to independent immigration attorneys.

This fall, nearly half a million international students will begin or return to STEM degree programs at U.S. colleges and universities. If you’re among them, congratulations — look forward to being wooed by talent-hungry U.S. tech firms when you graduate. But there’s bad news, too: Under current immigration rules, switching from a student visa to an employment visa can be tricky, so it’s important to understand what’s required and how the latest policy upheavals could impact your journey.

In theory, it’s a great time to be a STEM graduate. U.S. STEM jobs are expected to grow by nearly 11% — or about 10.3 million positions — between 2016 and 2026, faster than all U.S. occupations. In practice, however, it can be tough for international students to secure permanent residence in the United States. The H-1B skilled-worker visa system is badly clogged; a federal lawsuit could slam the door on many STEM graduates, and the White House is shaking up both the skilled-worker and student visa systems.

But don’t despair: There’s still a pathway to a future in the United States — you just might face a bumpy ride. Whether you’re starting your studies or preparing to graduate, it’s crucial to understand your options.

Getting an employment-based visa

An employment-based green card requires an executive-level job, a truly extraordinary résumé, or an employer willing to pony up thousands of dollars in fees and labor-certification costs. Because it’s hard to get a green card, most international STEM students aim for an H-1B visa, which lets you work for a specified U.S. employer for up to six years. It’s not a permanent solution, but it can be a useful launchpad for your career.

Even getting an H-1B isn’t easy, though. There’s a hard cap on H-1Bs: This year, there were more than 200,000 applicants vying for just 85,000 visas. Recipients are selected via lottery, and while you could land an H-1B on your first attempt, many tech workers have to try again — and again, and again — before they finally get lucky.

In the meantime, international students typically start out using the temporary work authorization through their student visa until they transfer to an H-1B. 

Let’s dig into the details of what’s allowed under your student visa: 

If you’re on an F-1 visa

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Image via Getty Images / South_agency

The F-1 student visa is one of the main on-ramps to the U.S. tech sector for foreign-born workers. That’s largely thanks to Bush- and Obama-era changes that expanded the Optional Practical Training (OPT) program, which allows F-1 holders to work at American companies after graduating, from 12 to 36 months. 

Graduates with multiple STEM degrees (such as a bachelor’s and master’s degrees) can also chain together their OPT periods, working for up to six years in total before switching to another visa. That’s great news because each year of OPT is another chance to play the H-1B lottery, increasing your odds of winning a visa. 

To use OPT, you’ll need to get a work permit (“Employment Authorization Document,” or EAD) as you near graduation. You’ll also need to file for visa extensions in order to make the most of your OPT entitlement. 

If you’re on a J-1 visa

Similar to the F-1, the J-1 visa is designed for students involved in cultural exchange programs or who receive substantial funding from governments or institutions. 

As a J-1 student, you won’t get OPT but 18 months of Academic Training (AT). Any internships or jobs you take during your studies will count toward your AT allotment, so it’s possible to finish your degree with less than 18 months of work authorization remaining. And while a second 18-month AT period is available for postdoctoral research, there’s no automatic extension for STEM degree holders: Once your 18 months are up, you’ll need to leave the United States.

There’s another catch: Many J-1 visas come with a home residency requirement (HRR), requiring holders to return to their home country for two years before seeking a work-based or family-sponsored U.S. visa — that or apply for an HRR waiver

If you’re on an M-1 visa

The M-1 visa is used by students at technical and vocational schools, not academic programs. As student visas go, it’s very restrictive: You won’t be able to work off-campus and can’t work for more than six months. You also won’t be able to switch to an F-1 visa and won’t find it easy to transition to an H-1B. If you hope to stay in the United States long-term, think carefully about whether an M-1 is right for you.

No job lined up?

If you don’t have a job offer, there are other ways to stay in the United States after finishing your studies. One popular option is to enter a graduate program: Getting a master’s degree could extend your student visa by a year or two, while upgrading to a PhD program could get you several additional years. In fact, an advanced U.S. degree under your belt effectively doubles your chances of getting an H-1B in the same lottery. 

If you can’t find work and don’t want to keep studying, you’ll need existing family ties to a U.S. citizen or lawful permanent resident (green card holder). If you’re the direct relative of one (for example, a spouse or child), then things are relatively easier: You have a clear path toward a family-based green card, allowing you to live and work permanently in the United States. That’s true even if you’ve become a family member through marriage: You’ll be able to obtain a marriage-based green card more quickly and easily than an H-1B or other employment-based green cards.

If you’re the spouse or child of someone on a temporary visa, such as an H-1B or O-1 visa holder, you can usually obtain a dependent’s visa. Such visas often allow you to study, but you won’t qualify for OPT after graduating. It’s also getting harder for H4 visa holders to obtain work permits, so don’t count on using a dependent’s visa to launch your career in Silicon Valley. In many cases, OPT is still a better springboard to an H-1B or green card.

If the person who claims you as a dependent applies for permanent residence, you may be able to get a green card through “derivative” benefits, meaning their green card eligibility trickles down to you.  

Next step: Mark your calendar

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Image via Getty Images / normaals

Whatever immigration status you currently have or want to get, you’ll need to plan ahead. In some cases, you might need to start planning your next step almost as soon as you begin your studies, in order to make sure you aren’t left without a valid visa.

  • For graduate study: Update your existing student visa before the end of the 60-day grace period (for F-1 visas) or 30-day grace period (for J-1 visas) following the program completion date listed on your Student and Exchange Visitor Information System (SEVIS) record and I-20 or DS-2019 form. 
  • For F-1 OPT: Apply no sooner than 90 days before and no later than 60 days after completing your studies. If your official completion date is June 1, 2020, for instance, you can apply for OPT between March 3 and July 31 of that year.
  • For J-1 AT: Apply shortly before your program ends. Your school will facilitate your AT application and will set its own deadline to process your paperwork before the end of your studies, but your AT must begin no later than 30 days after completing your program.
  • For H-1B visas: Play the annual visa lottery held in early April. You’ll need a job offer lined up well in advance from an employer who’s willing to sponsor you. You can’t begin working until your H-1B is approved, unless you have separate work authorization through OPT, AT, or some other means.
  • For employment-based green cards: The timeline depends on your specific green card category, but you’ll generally wait months or years
  • For green cards through marriage to a U.S. citizen: You’ll typically wait 10–13 months, but you’ll be able to stay in the United States while in the meantime, even if your student visa expires.
  • For green cards through marriage to a permanent resident: You’ll typically wait 29–38 months, but you’ll need another valid visa, such as an unexpired F-1, for the first 11–15 months.
  • For family-based green cards (other than for spouses and children of U.S. citizens): You might face a lengthy wait depending on your relationship to your sponsoring relative and home country

Whatever your plans, remember that immigration rules are constantly changing — and seldom in ways that benefit new immigrants. If you can, file your visa or green card application right away to avoid nasty surprises.

Trouble coming down the line

It’s important not only to understand your current visa but also to recognize that the U.S. immigration system is in flux — and many of the planned changes spell bad news even for immigrants with advanced degrees and vitally needed skills. 

The new public charge rule, for instance, will make it harder to get a green card if you’ve used public benefits and allows the U.S. government to deny your application if they suspect you’ll fall on hard times in the future. For STEM grads with solid job offers, that might not seem like a major concern, but the new rule will apply even to those on temporary visas, including H-1Bs, who wish to extend or change their immigration status. At the least, it’s a sign of how much harder the immigration process is getting.

The Trump administration is also targeting students with a new “unlawful presence” rule that imposes tough punishments for minor violations of student visa terms. Fortunately, the rule is tied up in court, but if it goes through, it could lead to lengthy bans on future work visas if you overstay on your student visa, work in ways that aren’t authorized, or otherwise fail to play by the rules.

Such changes underscore the importance of doing your own due diligence and not simply relying on your college or employer to steer you right. Figuring out your immigration options can feel overwhelming — but as the many thousands of foreign-born STEM graduates who’ve successfully built careers in the United States can tell you, it’s well worth the effort.

Get your pressing immigration questions answered

Have a question about the complex and shifting immigration process? Boundless can help. Please send your immigration-related questions to our resident immigration expert, Anjana Prasad, at ask.anjana@boundless.com. We will consider your question for a future column on the Boundless blog.

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Which immigration headlines should you care about?

Xiao Wang
Contributor

Xiao Wang is CEO at Boundless, a technology startup that has helped thousands of immigrant families apply for marriage green cards and U.S. citizenship while providing affordable access to independent immigration attorneys.
More posts by this contributor

Newsflash! President Donald Trump is planning to deport naturalized U.S. citizens, force H-1B visa holders to return to their home countries, and revoke the green cards of lawful permanent residents. He also wants to deport the Dreamers and evict millions of other immigrants from the country. Or wait — maybe he’s planning to increase visas for skilled workers, open the door to foreign-born researchers, protect DACA recipients, and — for an encore — bar himself from the United States.

Feel like you’ve got whiplash yet? Welcome to the nerve-wracking world of U.S. immigration policy — a strange place at the best of times but one made all the more confusing by the weaponization of immigration issues for political gain and the media’s continuing failure to cut through the spin.

Tech workers are better prepared than most to cope with a torrent of torrid immigration headlines, continuously amplified and distorted by Twitter rumors, Slack chatter, and credulous Facebook reposts. Still, the sheer volume of immigration news makes it hard to know what to pay attention to — and with 71 percent of Silicon Valley’s techies born outside the United States, this isn’t simply a theoretical problem. If you, your loved ones, colleagues, or staff are immigrants, then you need to learn to separate the signal from the noise.

So how can you tell the real deal from the real fake news? There’s no simple answer, but to keep you safe — and keep your heart rate in check — here are a few ground rules to help you figure out which headlines are worth taking seriously:

Whose headline is it anyway?

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Inside the history of Silicon Valley labor, with Louis Hyman

As I wrote for TechCrunch recently, immigration is not an issue always associated with tech — not even when thinking about the ethics of technology, as I do here.

So when I was moved to tears a few weeks ago, on seeing footage of groups of 18 Jewish protestors link arms to block the entrances to ICE detention facilities, bearing banners reading “Never Again” in reference to the Holocaust — these mostly young women risking their physical freedom and safety to try to help the children this country’s immigration service is placing in concentration camps today, one of my first thoughts was: I can’t cover that for my TechCrunch column. It’s about ethics of course, but not about tech.

It turns out that wasn’t correct. Immigration is a tech issue. In fact, companies such as Wayfair (furniture), Amazon (web services), and Palantir (the software used to track undocumented immigrants) have borne heavy criticism for their support of and partnership with ICE’s efforts under the current administration.

And as I discussed earlier this month with Jaclyn Friedman, a leading sex ethics expert and one of the ICE protestors arrested in a major demonstration in Boston, social media technology has been instrumental in building and amplifying those protests.

But there’s more. IBM, for example, has an unfortunate and dark history of support for Nazi extermination efforts, and many recent commentators have drawn parallels between what IBM did during the Holocaust and what companies like Palantir are beginning to do now.

Dozens of protestors huddle in the rain outside Palantir HQ.

I say “companies,” plural, with intention: immigrant advocacy organization Mijente recently released news that Anduril, the company founded by Palmer Luckey and composed of Palantir veterans, now has a $13.5 million contract with the Marine corps for their autonomous surveillance “Lattice” towers at four different USMC bases, including one border base. Documents procured via the Freedom of Information Act show the Marines mention “the intrusion dilemma” in their justification for choosing Anduril.

So now it seems the kinds of surveillance tech we know are badly biased at best — facial recognition? Panopticon-style observation? Algorithms of various other kinds — will be put to work by the most powerful fighting force ever designed, for expanded intervention into our immigration system.

Will the Silicon Valley elite say “no”? To what extent will new protests emerge, where the sorts of people likely to be reading this writing might draw a line and make work more difficult for their peers at places like Anduril?

Maybe the problem, however, is that most of us think of immigration ethics as an issue that might touch on a small handful of particularly libertarian-leaning tech companies, but surely it doesn’t go beyond that, right? Can’t the average techie in San Francisco or elsewhere safely and accurately say these problems don’t actually implicate them?

Turns out that’s not right either.

Which is why I had to speak this week with Cornell University historian Louis Hyman. Hyman is a Professor at Cornell’s School of Industrial and Labor Relations, and Director of the ILR’s Institute for Workplace Studies, in New York. In our conversation, Hyman and I dig into Silicon Valley’s history with labor rights, startup work structures and the role of immigration in the US tech ecosystem. Beyond that,  I’ll let him introduce himself and his extraordinary work, below.

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Louis Hyman. (Image by Jesse Winter)

Greg Epstein: I discovered your work via a piece you wrote in the Washington Post, which drew from your 2018 book, Temp: How American Work, American Business, and the American Dream Became Temporary. In it, you wrote, “Undocumented workers have been foundational to the rise of our most vaunted hub of innovative capitalism: Silicon Valley.”

And in the book itself, you write at one point, “To understand the electronics industry is simple: every time someone says “robot,” simply picture a woman of color. Instead of self-aware robots, workers—all women, mostly immigrants, sometimes undocumented—hunched over tables with magnifying glasses assembling parts, sometimes on a factory line and sometimes on a kitchen table. Though it paid a lot of lip service to automation, Silicon Valley truly relied upon a transient workforce of workers outside of traditional labor relations.”

Can you just give us a brief introduction to the historical context behind these kinds of comments?

Louis Hyman: Sure. One of the key questions all of us ask is why is there only one Silicon Valley. There are different answers for that.

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