« swipe left for tags/categories
swipe right to go back »
Today appears to be government day on Feld Thoughts. This morning I wrote about the Colorado PUC trying to shut down Uber in Colorado (bad). Now I get to write about Senators Mark Udall (D-Colo.) and Jeff Flake (R-Ariz.) re-introducing the Startup Visa Act of 2013 (good).
Mark – thank you – you’ve been an awesome supporter of this and leader of the effort since the first day we discussed it in 2009. Senator Flake – thank you for showing leadership on this issue.
Yesterday, as part of his Comprehensive Immigration Report plan, President Obama explicitly listed the Startup Visa as one of the initiatives.
Obama: “Create a “startup visa” for job-creating entrepreneurs. The proposal allows foreign entrepreneurs who attract financing from U.S. investors or revenue from U.S. customers to start and grow their businesses in the United States, and to remain permanently if their companies grow further, create jobs for American workers, and strengthen our economy.”
He also supported stapling green cards to diplomas, something I’ve been advocating since my OpEd with Paul Kedrosky in the Wall Street Journal on 12/2/09 titled Start-up Visas Can Jump-Start the Economy.
Feld/Kedrosky: We also think science and engineering graduates should get visas stapled to their diplomas. You complete your higher education here, you get to stay so that you can get out and create jobs, innovate, and grow the economy. Uncle Sam wants you, if you’re a prospective entrepreneur.
Obama: “Staple” green cards to advanced STEM diplomas. The proposal encourages foreign graduate students educated in the United States to stay here and contribute to our economy by “stapling” a green card to the diplomas of science, technology, engineering and mathematics (STEM) PhD and Master’s Degree graduates from qualified U.S. universities who have found employment in the United States. It also requires employers to pay a fee that will support education and training to grow the next generation of American workers in STEM careers.
Fred Wilson, who has also been a vocal leader for these initiatives, expressed his appreciation that these issues are now part of the national immigration reform discussion in his post The Startup Visa.
Wilson: The President announced yesterday that he was in favor of a Startup Visa. Hallelujah. … It’s a shame that it takes almost four years before a good idea gets the President’s support. And its a greater shame that there are many in Congress who will still vote against this idea.
Fred and I are both paranoid optimists – we both hope this gets done this time around. Our country deserves it. Senators Udall and Flake – thank you for the leadership here.
I read the announcement today that Canada has just launched a Start-Up Visa Program. By doing so, they are saying to the world “welcome immigrant entrepreneurs – please come start your business in Canada.” It’s brilliant, well executed, and modeled after the Startup Visa movement that a number of us have been trying to get started in the US since 2009.
I continue to be really discouraged by the US government activity around the Startup Visa movement, and more specifically around immigration reform as it applies to entrepreneurs. After trying for the past three years to get something passed, nothing has happened beyond administrative changes to the existing laws. While in some cases this has improved the interpretation of the rules, we are still totally missing the boat here in the US. CBP and USCIS continue to implement the rules inconsistently, resulting in regular outrageous situations including tossing entrepreneurs with existing valid visas in jail when they enter the US and banning other entrepreneurs from coming into the country as a result of misinterpretation by CBP of how things should work. I hear at least one horrifying story a week, try to help when I can, but mostly am just embarrassed and ashamed of our US policies around this.
While Canada is plowing forward making it easy for immigrant entrepreneurs to move to Canada and start companies, the US efforts are now entirely focused on “comprehensive immigration reform.” The first bills for this are supposed to start appearing in a few months and I expect we’ll see similar dynamics that we saw around Obamacare. Endless political machinations, an ever expanding set of bills that cover all kinds of things in addition to immigration reform, and a complex set of tradeoffs that have unintended consequences that no one can understand.
On top of this, I’ve heard from a number of political insider friends that “the vote math doesn’t work.” I’ve learned that this means it is an incredible uphill battle to get anything passed, and the compromise that is going to happen to get certain people in Congress to support the bills means that the “tradeoffs and compromises” (which the more cynical among us – including me – means “the political bribes they need to agree to vote a certain way”)are going to be extensive.
In the mean time, Canada is shouting from the rooftops about the benefits of the Start-Up Visa program.
- The Start-up Visa Program will enable immigrant entrepreneurs to launch innovative companies that will create jobs in Canada, and eventually, compete globally.
- The Program will provide entrepreneurs with valuable assistance in navigating the Canadian business environment which can sometimes prove challenging for newcomers.
- The Program will provide private sector firms with access to a broader range of entrepreneurs, including the best and the brightest minds from around the world.
Since I believe entrepreneurs should be able to start their companies anywhere in the world they’d like, I applaud the Canadian government for taking action here. And I encourage any immigrant entrepreneur considering moving to the US to also consider moving to Canada given this new program.
Dear Mr. Friends In Washington: Pay attention. We continue to be less competitive because of our intransigence around immigration, especially with regard to being entrepreneurs. Canada is showing real leadership. Why not just emulate them?
I’m so sick of how – as a country – our authorities treat people as though they are criminals. A month ago a successful Boston entrepreneur who has been incredibly engaged in the Boston startup community was thrown in jail for three days after a CPB agent decided she didn’t have a valid visa (she did have a valid visa, and she was from that extremely dangerous country of Canada.)
A few days ago, Laurie Voss, a co-founder of a company we are investors in was detained for three hours at the board because he stated his job was “software developer” instead of “web developer”. He had recently gotten his green card and went on to describe the harrowing experience he endured, along with the unceremonious release a few hours later.
While I’m happy that USCIS continues to try to education its workforce as well as entrepreneurs via programs like A New Front Door for Immigrant Entrepreneurs, the words at the top and the actions in the field are completely disconnected. I hear a story about it almost daily and I’m now having someone I’m directly connected to or involved with impacted at least a month. It seems to be getting worse, not better, which just sucks.
If you care about this issue, I once again refer you to to Vivek Wadhwa’s excellent book called The Immigrant Exodus: Why America Is Losing the Global Race to Capture Entrepreneurial Talent. Tom Friedman has also written a number of really clear OpEds on this topic in the past year or so. With all the talk about innovation, entrepreneurship, and the need for job creators in the US, our immigration policies are directly at odds with the concepts our politicians are telling us are critical for our economy to grow.
The conversation in Washington DC has shifted back to “Comprehensive Immigration Reform.” I’ve now had several people I know in the White House tell me this is the new immigration priority as in “let’s fix the whole problem with comprehensive immigration reform” over the next four years. In the last week, I’ve heard from several that “there’s no way we are going to be able to get anything done on immigration reform anytime soon because of all the fiscal crisis issues and partisanship in Congress.”
Awesome. We continue to be functioning in a delusional context. The Democrats think they have magic political power because of the results of the election and the Republicans are focused more than ever on not letting the Democrats “win.” And President George W. Bush, who I disagree with on so many things, recently asserted that immigration reform is needed to boost the economy and specifically said, “”Not only do immigrants help build our economy, they help invigorate our soul.”
While the entire situation is ridiculous, I’m continually upset by the way entrepreneurs like Laurie Voss are treated by CBP and USCIS. I’ve asked for apologies before and I’ll ask for them again. CBP / USCIS, or someone in the White House – please call Laurie and apologize to him. Then figure out the real root cause of the behavioral problem. And start respecting immigrants, not treating every one like a bad guy until you confirm they aren’t.
On that same day the White House announced A New Front Door for Immigrant Entrepreneurs President Obama said that he was not supportive of the STEM Jobs Act of 2012. Infuriating.
I’ve been working on making it easy for foreign entrepreneurs to get a visa to start a company in the US since September 2009 when I wrote the post The Founders Visa Movement. This morphed into the Startup Visa Movement and I’ve written extensively about it over the past three years on my blog in the Startup Visa category. While some progress has been made through administrative changes at the USCIS and better education of USCIS and CBP about what an entrepreneur is, we are still falling extraordinarily short of where we could – and should be.
With every success (I got an email from an entrepreneur yesterday who I helped who had just gotten a green card) there is a nightmare, such as the well-known and well-loved Boston entrepreneur who was actually stopped at the border at Logan Airport a few weeks ago, told by CBP that she was lying about her visa, and tossed in jail for several days. A mad scramble among some of the Boston startup community leaders, led by Katie Rae at TechStars, resulted in this entrepreneur “only” being jailed for a few days. Jailed! President Obama should call her personally and apologize and give her a green card on the spot.
Vivek Wadhwa wrote a great summary of the recent decision of President Obama not to support the STEM Jobs Act of 2012 in his Forbes article Why Immigration Reform is Destined to be Another Obamacare. It’s more of the “all or nothing” strategy around immigration I’ve been hearing from the White House since 2009. Obama is a strong proponent of immigration reform, but he wants comprehensive immigration reform, rather than incrementally improving things. There are so many easy fixes that are non-partisan, such as the STEM Jobs Act, and it’s crazy that there isn’t a leadership focus on fixing the straightforward ones now, especially those that impact job creation, innovation, and entrepreneurship.
I’m extremely bummed out by President Obama’s position on this. Several months ago I had a conversation with one of my friends in the White House who implored me to support the STEM Jobs Act and was enthusiastic about the idea of little wins on this front. Clearly his perspective diverged from the broader White House strategy, which I fear will result in nothing done on this front.
In addition to Vivek Wadhwa’s recent article, he’s written an excellent book called The Immigrant Exodus: Why America Is Losing the Global Race to Capture Entrepreneurial Talent. I’ll be writing a longer post about it shortly but if this is a topic that you care about his book is a critical one to read.
For all the foreign entrepreneurs who can’t get appropriate visas to start their companies in the US, and to all of the amazing foreign entrepreneurs who put up with our idiocy and nonsense as they continue to struggle through the US immigration process, deal with visa hell, and get accused of lying by CBP, I humbly apologize to you. It’s embarrassing, and stupid, that as a country, especially one built on the the premise of “liberty and justice for all”, can’t get our act together on this front.
Yesterday I was with yet another non-US entrepreneur who is struggling to get the right visa to stay in the US and build his company here. This entrepreneur happens to be from England and his business partner (and best friend since they were kids) is also English, but managed to get into the US because he fell in love with and married and America a while ago. The business partner lives in Denver so they started the company in Denver a year or so ago.
They are a small company right now with a pretty interesting product and vision. One founder lives in the UK, the other lives in Denver. The UK founder travels to the US when he can get a travel visa, but he’s been careful not to get offsides since he’s been in the visa application process for a while. They’ve spent a bunch of money on legal fees, continue to chew up money on travel from the UK to the US, and have to deal with the uncertainty (both timing and functional) around the visa process.
Along with some others, I’ve been trying to get something called The Startup Visa Act passed in Congress and turned into law. The biggest thing to come out of it for me personally has been a deep understanding of how the process of an idea to bill to law works.
After two years of advocating for this, there is extremely broad support throughout Congress for this concept and it has been written into many of the job creation / startup type bills that are out there. But – nothing has been passed. The White House made some policy changes over the summer which have been somewhat helpful, but are still making their way through the USCIS bureaucracy, which means many of these policy changes are not yet being implemented, or people in the field at USCIS have no idea how to implement them.
In hindsight, I realized I’d made a giant mistake. Rather than call it the “Startup Visa Movement”, we should have called it the “Stealing Jobs From Foreign Countries Act.” I haven’t yet come up with the right acronym for it (SJFFCA doesn’t quite work, but I’m sure some of you out there could acronymize this.) Instead of positioning this as a “Startup Thing” or a “Visa Thing”, we should have just taken the same cynical approach to titling the activity that many in Washington do. I mean, c’mon, how could any red blooded America object to stealing jobs from foreign countries?
Every week I am in contact with at least one foreign entrepreneur who is struggling to stay in the US and build their company here. Over the past year, it’s probably been several hundred which represent thousands of jobs and who knows how much innovative, amazing stuff. Hopefully the new USCIS Entrepreneur in Residence program will help figure out how to make the Startup Visa a reality. Or maybe Congress will finally take some action and get a bill passed. Either way, I know that as every day passes, we are missing a huge opportunity in this country by making it hard for non-US citizens to stay here and build their high growth entrepreneurial companies.