High-Skilled Immigrants Call Out The Trump Administration’s ‘Hypocrisy’

Great advantage for Canadian immigration and Canadian efforts to encourage US tech investment in Canada:

The Trump administration says it wants to move to a “merit-based” immigration system — one that gives priority to immigrants who speak English and are highly educated.

But critics say that rhetoric is at odds with the administration’s actions.

“Show me any policy that’s come out so far that has actually made it easier for highly skilled immigrants,” says Doug Rand, who worked in the White House Office of Science and Technology Policy under President Barack Obama.

“I haven’t seen any,” Rand said.

In practice, critics say the administration is making high-skilled immigrants’ lives harder, in all sorts of ways. It has gotten tougher to get or renew an H-1B visa, a program that brings in tech workers, doctors and other professionals. And the administration is getting rid of other visa programs altogether.

That includes a special program for the spouses of H-1B guest workers that has been widely embraced by immigrants like Neha Mahajan. She hosts and produces a TV talk show in Edison, N.J., that’s targeted mainly at Indian expats like her.

“This is the kind of work I always wanted to do,” said Mahajan. “I am picking up topics that typically don’t get talked about in the South Asian community. So I’m trying to be a change-maker in my community.”

Mahajan has a master’s degree in English literature and worked as a journalist in India. It never occurred to her that she would have trouble finding opportunities in the U.S. But Mahajan was not allowed to work when she first got here.

“So here I am in the U.S., the most advanced nation on this Earth,” Mahajan said. “But I’m in a cage. A metaphoric golden cage.”

Mahajan moved here with her husband and daughter in 2008 when he secured an H-1B visa to work as a software developer. But she wasn’t able to work legally until 2015, when the Obama administration launched the H-4 EAD program. It allows the spouses of H-1B guest workers to get work permits once they’ve been approved for a green card. About 100,000 people have signed up — mostly women, and mostly from India, which has a years-long waiting list for green cards.

Now the Trump administration is poised to end the program, which it considers an overreach.

“For me, one of the main reasons for proposing to rescind that is because I don’t think it’s appropriate,” said Lee Cissna, the head of U.S. Citizenship and Immigration Services, the agency in charge of legal immigration. “I don’t think that Congress intended for the spouses of H-1Bs to work.”

Cissna did not respond to requests for an interview. But he did speak last month to the Center for Immigration Studies, which favors lower levels of immigration.

“Everything we do is guided by the law,” Cissna said. “That’s all we’re doing.”

The administration is also trying to kill another Obama-era program known as the International Entrepreneur Rule, which Doug Rand helped create.

“This was designed for entrepreneurs from other countries to more easily come to the U.S., or stay in the U.S., build companies here, create jobs for U.S. workers,” said Rand, who now runs a firm called Boundless Immigration.

All of this has infuriated corporate America. The CEOs of Apple, Pepsi and other U.S. companies say the administration is scaring away high-skilled workers, which could hurt the economy.

“What the administration is saying is, we want to make it difficult for companies to employ anyone who is not an American citizen,” said Dean Garfield, president of the Information Technology Industry Council.

But the head of Citizenship and Immigration Services dismisses that.

“The idea that we are intentionally, mischievously, impishly, malevolently trying to build an invisible wall on purpose because we don’t want foreign workers to come is false,” said Cissna.

Nonetheless, immigrants like Neha Mahajan wonder whether the administration is serious about “merit-based” immigration.

“I don’t know what to think,” Mahajan said. “Hypocrisy, maybe? They want us to stay. They don’t want us to stay. Why put people’s lives into a limbo?”

Mahajan and other spouses of guest workers are pushing to save the H-4 EAD program that allows them to work. The Trump administration is expected to announce the official end of that program any day.

Source: High-Skilled Immigrants Call Out The Trump Administration’s ‘Hypocrisy’

As Trump Tightens Legal Immigration, Canada Woos Tech Firms – The New York Times

Another story on the Canadian immigration advantage:

A Flatiron district artificial intelligence start-up was recently looking to expand, adding new engineers who happened to know a niche computer language.

The people it hired hail from Morocco, Belarus, France, Georgia and Canada. But they are not working in New York. They are in Montreal, where immigration policies make it possible to get work permits within two weeks, and the Canadian tech industry is aggressively trying to woo foreign companies.

“It’s becoming less and less sexy to be going to the United States,” said Tim Delisle, 26, a founder of the start-up Datalogue, which uses artificial intelligence to prepare and synthesize data for other businesses. He added that skilled foreign workers crave the greater stability that he said immigrants have in Canada compared with the United States.

While much attention has been paid to President Trump’s policies cracking down on illegal immigration, the administration has also moved to restrict legal immigration, especially in the tech industry, which draws many workers from abroad. In April, Mr. Trump introduced an executive order, Buy American and Hire American, which included requests to reform a visa program known as H-1B as a way to benefit American workers.

The program awards 85,000 temporary visas annually to highly skilled foreign workers in what are deemed “specialty” occupations through a lottery. Between application and legal fees, the process of applying for one H-1B visa can cost a company up to $6,000, lawyers say, and can take months; it is also as uncertain as roulette, with hundreds of thousands of applicants for the spots.

Last week, the Department of Homeland Security published a set of proposed rule changes that would make the visas even harder to qualify for, to ensure that only “the best and brightest” foreign workers were selected. It also hoped to eliminate a work permit for spouses of some of these visa holders.

In contrast, Canada’s immigration agency in June started the Global Skills Strategy for high-skilled workers from abroad to get a work permit in two weeks.

“That is, excuse my English, goddamn fast,” said Hubert Bolduc, the chief executive of Montreal International, a public-private partnership that recruits foreign companies to move to Canada and offers support once they arrive in Montreal. “We’ve been loving government on this because we know it’s a talent game.”

In 2017, the organization conducted eight international recruiting missions, in London, Paris, San Francisco and Los Angeles. Its directors have made several informal visits to New York, where it came this month to woo a video game company.

With the Trump administration’s immigration policies, “We’re almost saying, ‘Don’t come,’” said Sunil Hirani, the co-founder of trueEx, an electronic global interest rates exchange, also in the Flatiron neighborhood. He came to New York as a child 40 years ago from India. “How can you have a ‘Come to New York City’ program if the people of New York City are going to get kicked out? How do you sell that?”

Last year, trueEx’s chief executive and president, Karen O’Connor, was looking at options to expand the company’s computer engineer group. A consortium related to Montreal International invited her to Canada for a visit that made her feel like a foreign dignitary, she said. There was the elegant lunch, the precisely coordinated meetings with potential business partners and a visit to the Montreal Stock Exchange.

Ms. O’Connor said the 50-person company could save more than $1 million in wages if it hired engineers based in Montreal. In part, that was because the cost of living was far less compared with New York and because the company could qualify for certain tax benefits.

But after Mr. Trump was elected, trueEx hesitated, to gauge the climate; now, it is again considering expanding north of the border in 2018, Ms. O’Connor said, in part because it got a spot site visit from the Department of Homeland Security this summer to verify employment records for its H-1B visa holders. They were in order, but the company’s executives found the process nerve-racking.

Photo

Datalogue’s founders, Tim Delisle, left, and Bryan Russett, in their Montreal office. “It’s becoming less and less sexy to be going to the United States,” Mr. Delisle said. CreditRenaud Philippe for The New York Times

“My advice to other companies would be: Hold on for dear life, but explore other options,” Mr. Hirani said.

But John Miano, a lawyer who represents American workers who say that they have lost jobs unfairly to low-skilled H-1B visa holders, thought it was “posturing” for companies to say they are moving north of the border to find the best talent. “The problem is, you got to go to Canada,” Mr. Miano said. “The reality is, the place to do business is still the United States.”

Datalogue’s expansion to Montreal, Mr. Delisle’s hometown, evolved swiftly. He and a partner founded Datalogue in 2016 at Cornell Tech in Manhattan and were lucky when a tech mogul, Charles E. Phillips Jr., the chief executive of Infor, gave him two desks on the fifth floor of Infor’s elegantly restored Flatiron headquarters.

By spring 2017, Datalogue had grown to five employees and had raised $1.5 million in seed funding. But to bring in more engineers would have cost thousands of dollars in visa fees, Mr. Delisle said, and even then, the process would not be guaranteed. Canada has a burgeoning artificial intelligence sector, and the company opened its Montreal office in April in the trendy Mile End neighborhood; it raised another $1.5 million in seed funding by November.

Still, Mr. Delisle said that his company has better access to customers in New York, and for that reason he has kept seven employees there for sales and marketing.

While tech is still thriving in New York, where it is the fastest-growing industry in the city, losing offices or whole companies to Canada could be a concern, said Kevin Ryan, an entrepreneur who had founded a half-dozen start-ups. The multiplier effect of the start-up world is a powerful one.

“When someone decides not to come here to join a start-up, and they go to Toronto, some of them may break off and start a new company across the street,” he said. “The wider impact will be felt, literally, for decades.”

Mr. Delisle agreed. “I’m not necessarily scared for New York; there’s phenomenal programs there,” he said. “I am more scared for the broader policies being applied right now.”

According to the Partnership for New York City, a business advocacy group, immigration has always been central to the economy of New York. Forty-eight percent of the city’s small-business owners are immigrants, and 45 percent of the work force in the city is foreign-born.

“The No. 1 priority of business today is where they can get the talent they need from the global talent pool,” said Kathryn S. Wylde, the chief executive of the group. “There’s not much a locality can do to incentivize, but we can try to keep the global pipeline open.”

Stimulating the city economy was the impetus for New York City’s Economic Development Corporation to create a program called International Innovators Initiative, or IN2NYC. The idea was to provide H-1B visas that were exempt from the government-imposed cap because entrepreneurs would work in partnership with city universities.

The program was announced in the spring of 2016 and received 144 applications in the first round. The second round, coming on the heels of the Trump administration’s travel ban, attracted half that number. The program received only 41 this fall.

Perhaps even more telling is the small number of foreign entrepreneurs who received visas: six. The IN2NYC program had envisioned at least 25 working at once, but the process, officials say, has been delayed by government challenges to the visas.

One company that was initially rejected has appealed — and set up shop in Canada while it is waiting for a decision.

via As Trump Tightens Legal Immigration, Canada Woos Tech Firms – The New York Times

Trump has started a brain drain back to India

Positive impact for Canada:

So many [foreign hi-tech] workers have been frustrated that attorney Brent Renison sought class-action status for a lawsuit filed last year in U.S. District Court in Portland. He argued, in part, that the H-1B lottery was arbitrary and capricious. The suit asked the court to order the government to process visa petitions in the order they are filed and compel the government to establish a waitlist like the one used for green card petitions. The government prevailed.

“Some people are moving out of the country, taking valuable skills with them,” Renison says. “Some people are choosing not to come. If this persists, were going to lose a lot of the foreign students we educate.”

The system was barely functioning as it was. Applications for work visas already were so clogged in the federal bureaucracy that in recent years even Ivy League graduates couldn’t be certain of receiving one. Getting a work visa hasn’t guaranteed stability, as Sahay, the data architect, knows.

Employers can sponsor immigrants’ green cards, or permanent visas, but the approvals process is backlogged. The federal government places caps for green cards on each country each year. Indians seeking permanent residency say it’s routine for them to linger in line for a decade or more. Up to 2 million Indian workers here and abroad may be waiting in a green card backlogthat could take a decade or more to clear if there are no changes to the system, says David Bier, an immigration policy analyst at the Cato Institute think tank.

Those concerns may add to the shortage of highly skilled technology workers in the United States, just as Canada or Singapore vie for those same people.

Every other startup company, says Vish Mishra, an investor with Clearstone Venture Partners, a venture capital firm in Silicon Valley, has operations based overseas or recruits workers in India, Eastern Europe, Canada or Israel.

“You’re not going to have, all of a sudden, 200,000 [American] people filling the gap that exists. What are businesses going to do? Businesses have to import talent,” he says.

Canada has become more attractive just since the U.S. presidential election. The country granted temporary work visas to 1,960 Indian nationals in all of 2015, and 2,120 total in the fourth quarter of 2016 and first quarter of this year.

In November, Canada announced that as of June, the country would speed the processing of standard visas and work permits to two weeks for highly skilled talent working for companies doing business in Canada. The move, the government says, will help companies grow and fuel job growth for Canadians.

Meanwhile, in the United States, tech workers and engineers are bound to established companies that filed paperwork for them years back. Almost everyone in the Indian tech community knows a weekend entrepreneur who desperately wants to start his or her own company but can’t quit work because they would be visa-less. Meanwhile, friends and family in India beg them to come home and bring their ideas to India’s own booming silicon valleys.

Rishi Bhilawadikar, a user-experience designer in the Bay area, says that tenuous life lived by so many educated Indian workers — in America, but not really of America — spurred him to shoot a feature film.

In For Here or To Go, made over the course of more than seven years, the characters weigh whether America has lost its promise for young, mobile Indians. The idea bubbled up, Bhilawadikar says, after he read research that showed how certain laws keep some immigrants from fulfilling their potential, driving many back home or to countries with more welcoming policies, such as Canada and Chile.

Source: Trump has started a brain drain back to India

Snubbed by Trump, Silicon Valley talent is looking to Canada

The “diversity dividend” to use The Pluralism Project phrase and a major opportunity for Canada.

But it will take a number of years to know whether this is anecdotal or more widespread in impact:

Like many Canadian tech executives, Roy Pereira, CEO and founder of Zoom.ai Inc., struggles to hire and hold on to highly skilled engineers, code writers and seasoned managers. Canadian software engineering grads often head directly to tech hubs like Silicon Valley and San Francisco, or use an entry-level position at the Canadian arms of giants like Google or Facebook as launching pads for U.S. gigs. And who could blame them? The pay is better; the career horizons, wider.

So when Pereira’s small but fast-growing software firm began recruiting for engineers earlier this month, using the usual online channels, he noticed something odd: the number of inquiries from the U.S. and overseas was significantly outpacing those from Canadians. “These were American citizens and sometimes foreign nationals, including a lot of South Asians. They were wanting to come to Toronto.”

He interviewed one woman working for Twitter in Silicon Valley. A member of a visible minority, “she wants to move to Toronto because she doesn’t want to deal with the situation down there,” says the 49-year-old serial entrepreneur, alluding to simmering racial and political tensions, as well as the Bay Area’s soaring living costs. “I’ve never seen that before and I’ve been doing this for a while.”

What’s driving these off-shore inquiries, according to Pereira and other executives in southern Ontario’s tech corridor, are the anti-immigrant signals emanating from Trump administration—not just the notorious travel ban on six Middle Eastern countries, but also uncertainty over potential travel headaches for American residents with family in those regions, stepped-up border scrutiny and, in particular, the fate of specialized H-1B work visas.

Washington issues 85,000 H-1B visas annually through a heavily subscribed lottery, including 20,000 to foreign nationals who obtained graduate degrees from U.S. institutions, many of them engineers and software developers. Trump recently signed an executive order directing federal agencies to review the H-1B program and, presumably, recommend toughening the rules—a change that has significant potential to close off positions for highly skilled professionals from around the world who want to work in the roiling American tech sector. “It’s a top-of-mind issue [for U.S. firms],” says Jeff Loeb, an American who recently jumped to Kitchener, Ont.-based Vidyard as chief marketing officer after 25 years in Boston’s tech industry.

So, amid all the tales about the fraught state of the U.S.-Canada border—north-bound asylum-seekers, cancelled southbound trips by Girl Guides—as well as these potential rule changes, Canadian firms have found themselves in the happy position of transforming all that stateside nationalist/protectionist fervour into a brain gain.

According to a recent Bloomberg report, U.S. universities have seen a decline in applications from Indian students who, sources said, are concerned about visa restrictions and racially motivated attacks, and who increasingly look to countries like Canada, Ireland and New Zealand for higher education and career opportunities. In the past few months, in fact, this unexpected opening has become a point of eager discussion at recruiting and tech-industry conferences, with panelists urging audience members to seize the day. “There’s never been a better time to attract global talent and capital to Canada,” Janet Bannister, a general partner at Real Ventures, a Toronto finance firm, said at one such gathering, alluding specifically to the political situation in the U.S.

At a biotech industry conference last month, Bradly Wouters, a top Toronto University Health Network researcher, observed that “it’s no secret that success in the U.S. has depended on ability to attract talent from around world.” That appeal, he added, is “threatened by the winds of change” and described the moment as “extremely opportunistic” for Canadian companies looking for highly skilled people.

Some tech-industry groups and firms have gone so far as to launch advertising campaigns or open letters aimed at attracting skilled foreign workers. CityLab reported recently that a Vancouver entrepreneur and some counterparts in the San Francisco area have set up a company, True North, that will help foreign nationals find positions in the sprawling tech sector in B.C.’s Lower Mainland. Even Prime Minister Justin Trudeau has gotten in on the act in a guest post on Quora earlier this month, pitching to international students and high-skill workers on Canada’s universities, tech firms and ethnocultural diversity. He offered carrots such as a significantly reduced permit process. “We want to help high-growth companies bring in the talent they need quickly by slashing the processing time for a Canada visa application from six months to just 10 business days,” wrote Trudeau, who didn’t mention Trump by name but slipped in a not-so-veiled dig at the president’s climate change denialism by noting that “our government is committed to evidence-based policy and respecting academic freedom.”

Yet some Canadian tech players say the spike in applications they’re seeing isn’t coming from international engineers so much as the aforementioned Canadian tech graduates who followed their careers to high-paying careers south of the border. “I’ve seen a lot of engineers [from the Universities of Waterloo or Toronto] who went to the U.S. during the 2009-2010 tech boom…who are saying, ‘Hey, we’re thinking of moving back,’” says Derrick Fung, CEO of Drop, a Toronto start-up whose app allows users to earn rewards on top of what their existing card reward programs provide. “We’re attracting people who’ve worked at Facebook and Snapchat.”

Not everyone agrees. Derek Ting, the 29-year-old founder TextNow, a cloud-based, low-cost mobile phone service based in Waterloo, Ont., and with an office in San Francisco, says highly skilled younger people will continue to follow their careers and seek out firms that have a strong culture and a sense of mission, regardless of the ambient political mood.

But Mike Silagadze, founder of the Toronto education software start-up Top Hat, predicts the combination of the high-tension politics, travel headaches and ramped-up protectionism in the U.S. will prompt more of Canada’s young engineers and researchers to pursue careers here. Noting that 80 per cent of Waterloo’s engineering grads go south, he mentions Canadian-born tech superstars such as Stewart Butterfield, who founded Flickr and now runs Slack, or Tesla founder Elon Musk, a South African immigrant who moved to Canada and studied at Queen’s University. “Imagine Elon Musk staying in Canada and starting Tesla here,” muses Silagadze. “That’s transformational.”

Source: Snubbed by Trump, Silicon Valley talent is looking to Canada – Macleans.ca

The Trump administration is weighing what to do about the spouses of high-skilled immigrants [H-1B] – Recode

Recruitment opportunities and advantages for tech companies operating in Canada:

The Trump administration’s next immigration target could be a program that allows the spouses of some high-skilled engineers to work in the United States.

Under former President Barack Obama, the government tried to help tech companies and other firms who employed H-1B visa holders by allowing their spouses to seek jobs here. The policy specifically focused on the families of H-1B workers who pursue green cards to become permanent U.S. residents.

Under Trump, however, the government has sought to rethink federal immigration programs. And in court documents quietly filed this week, the Trump administration indicated that it is reconsidering spouses’ rights, too.

Without much fanfare, the Justice Department’s lawyers asked a federal appeals court on Monday to pause consideration of a case challenging the Obama-era policy’s legality. The DOJ sought 180 days so the administration can decide “whether to revise” its rules.

The move drew sharp criticism from immigration reform advocacy groups, including the Mark Zuckerberg-backed FWD.us, which feared that the Trump administration had essentially paved the way to abandon the aid Obama extended to spouses.

“We strongly feel they should keep this regulation in place, and they should not deny a quarter million people” the ability to work, said Todd Schulte, the president of FWD.us, in an interview Tuesday.

The DOJ’s court move, however, raised additional alarm in light of previous comments made by Jeff Sessions, now the country’s attorney general. While serving in the U.S. Senate, the Republican lawmaker had been especially critical of the H-1B program. And Sessions sharply rebuked the Obama administration in 2015 after it issued its rules to permit the spouses of some H-1B holders to seek employment.

Fearing that the DOJ might ultimately choose not to defend the case, an immigration rights organization called Immigration Action sought to intervene“on behalf of thousands of its members who currently possess employment authorization as spouses of H-1B visa holders,” it said in a statement in March.

Earlier this week, the Trump administration promised greater scrutiny of the H-1B program. It pledged more targeted “site checks” to ensure that the program has been administered properly, along with greater scrutiny for computer programmers who apply for those visas. Both measures are viewed as early attempts to crack down on outsourcing firms like Infosys — and not on tech giants like Google, which told employees late Monday that they likely would not be affected.

Source: The Trump administration is weighing what to do about the spouses of high-skilled immigrants – Recode

Trump is cracking down on the H-1B visa program that Silicon Valley loves – Recode

More opportunity for Canada:

On the campaign trail, Donald Trump pledged to crack down on companies that hire foreigners over Americans.

Now that he’s in the Oval Office, his administration is taking aim at some of the high-skilled visas that Silicon Valley seeks so it can hire foreign engineers.

Beginning Monday, the Department of Homeland Security promised greater scrutiny of the H-1B program, which began accepting applications for a lottery that will award visas in 2018. The government’s immigration enforcers plan to heighten their “site visits,” they said, to “determine whether H-1B dependent employers are evading their obligation to make a good faith effort to recruit U.S. workers.”

The Justice Department, meanwhile, issued its own stern warning Monday. “The Justice Department will not tolerate employers misusing the H-1B visa process to discriminate against U.S. workers,” said Tom Wheeler, the acting assistant attorney general at the DOJ’s civil rights division.

Both swipes at the program come days after U.S. Citizenship and Immigration Services issued a policy that rethinks the way the government awards H-1B visas to computer programmers. Now, companies must prove that the programmers they’re hoping to hire are doing special, complex jobs requiring unique technical expertise.

Taken together, the steps seem to point most directly and immediately at outsourcing companies like Infosys and Tata Consultancy Services. But it’s still sure to send a major chill down Silicon Valley’s spine, after an election season in which Trump and his allies took aim at the industry’s hiring practices.

In March 2016, Trump specifically promised to “end forever the use of the H-1B as a cheap labor program, and institute an absolute requirement to hire American workers first for every visa and immigration program.” Others, like then-Senator Jeff Sessions — since tapped as the country’s attorney general — criticized the likes of Facebook CEO Mark Zuckerberg for seeking to expand the program.

Many in the tech industry later expected Trump to issue an executive order clamping down on the H-1B program, a draft of which began circulating earlier this year. He never issued the directive, but DHS did suspend expedited processing for those visas, it announced in March.

“The Trump administration will be enforcing laws protecting American workers from discriminating hiring factors,” said press secretary Sean Spicer at his briefing Monday.

Source: Trump is cracking down on the H-1B visa program that Silicon Valley loves – Recode

Trump’s administration will be making it harder to get H-1B visas starting in April – Recode

Great opportunity for Canada:

United States Immigration and Customs Services has announced that, starting in April, it will no longer offer its 15-day “premium processing” program for applicants of H-1B visas.

H-1B visas allow employers to temporarily hire non-U.S. born workers to take highly skilled positions at U.S. companies. These visas are frequently used at large technology companies to bring top engineering talent to their U.S. offices. The U.S. only allows 85,000 people per year to enter the country on H-1B visas.

The announcement means that new H-1B visa applications could take months to process. With premium processing, U.S. immigration services offered a 15-day expedited service for a $1,225 filing fee, but come April that will no longer be an option.

“I’ve seen these applications take anywhere from 8-12 months,” said Tahmina Watson, a Seattle-based immigration lawyer, in an interview. “Even though the advertised processing time is four months, I’ve never seen anything take four months.”

This will not only affect new workers coming to the country on the H-1B program, but those who already hold an H-1B visa and are changing jobs within the country too, says Watson, like if an engineer who had an H-1B visa with Microsoft is taking a new position at Google, for example.

The suspension of the premium processing may last up to six months, according to the USICS website.

USICS says that it’s suspending premium processing in order to catch up on “long-pending petitions” — which the agency says has been difficult because of the large number of H-1B applications and requests for premium processing it receives.

Google, Apple, Amazon, Facebook and many other tech companies condemned Trump’s immigration and refugee ban that was issued by executive order in January, which blocked people from seven primarily Muslim countries from entering the U.S.

Dozens of companies, mostly in technology, signed onto a brief that claimed the ban inflicted “substantial harm on U.S. companies.”

Although that executive order was suspended after review from a panel of federal judges, Trump says his administration is working on a new version of the immigration ban.