Election 2024: Impact on Immigration - Dear Sophie

Welcome to another installment of “Dear Sophie,” the advice column dedicated to addressing immigration questions relevant to those working within the technology sector.

“Your inquiries are essential for disseminating knowledge, enabling individuals globally to overcome geographical limitations and realize their aspirations,” states Sophie Alcorn, a Silicon Valley-based immigration lawyer. “Whether you are involved in human resources, are a company founder, or are seeking employment in Silicon Valley, I welcome the opportunity to address your questions in my upcoming column.”

Access to weekly “Dear Sophie” columns is available to Extra Crunch members; utilize the promo code ALCORN to acquire a one or two-year subscription at a 50% discount.

Dear Sophie:

The past 24 hours have been incredibly stressful; I feel helpless and frustrated by the current situation. I am concerned that conditions will not improve and am uncertain about our present standing.

At times, I simply feel overwhelmingly weary of the ongoing challenges. I am prepared to move forward, but I yearn for a world characterized by harmony, peace, and opportunity for everyone. Is it still possible to discover such a world within the United States?

— Wanting in Walnut Creek

Dear Wanting,

I understand your feelings.

Fortunately, significant potential exists, even as the world observes the results of the U.S. presidential election. The past four years have reinforced the validity of two well-known sayings: necessity breeds innovation, and where there is a desire, a path will emerge. I can empathize with many individuals worldwide, as I recall a time when the world of Silicon Valley felt attainable yet distant, while I felt unable to effect change.

Reflecting on the last four years, remarkable achievements have been possible for our clients and the team at Alcorn Immigration Law. I established the firm from my home kitchen while raising young children. I remember looking out the window while hand-washing dishes, and gazing at the building on Castro Street in downtown Mountain View where 500 Startups was located on the top floor. YC was nearby.

I felt a sense of powerlessness. I was deeply motivated to improve the world, and accessing the Silicon Valley ecosystem, despite its proximity, seemed as challenging as reaching another planet.

From those modest beginnings to the present, as I independently founded and developed Alcorn Immigration Law while becoming a single parent, I recognize what is achievable, even throughout the last four years of the Trump administration. We have achieved substantial success—securing thousands of positive outcomes for companies, individuals, and families seeking to live and work legally in the United States. If I could expand my firm during that period, I am confident that anyone can pursue their passions and succeed. It is inherent in our nature to desire creation, and everyone has the capacity and right to make a difference.

Furthermore, I want to emphasize that immigration law is established through legislation enacted by Congress and signed into law by the president. While statements made on social media may attempt to influence the application of rules, they cannot invalidate them. This is the essence of a democratic system.

In a democracy, we agree to adhere to fundamental laws, including the inherent dignity of every human being, and to establish procedures for decision-making, such as the legislative process for immigration laws. Democracy is not about the dominance of the majority; it is about upholding core principles and agreeing on a decision-making framework. When established laws and legal processes are disregarded, democracy is jeopardized.

However, democracy does not require disruption; it simply needs minor adjustments to flourish. Within any group, it is possible to reach mutually supported decisions, considering the needs and resources of all involved. According to Richard Graf, founder of K-i-E, “Although the world is complex and decision making is complex, the components of decision making are simple.” Straightforward tools like the DecisionMaker can facilitate a positive outcome—in an environment of openness and anonymity, we can all safely express our needs and concerns, enabling the formation of proposals based on collective expertise, knowledge, experience, and intuition. Even in complex situations, the path forward can become immediately clear.

Within our democratic system, avenues to live and work in the U.S. will always remain accessible, even if adjustments are necessary to overcome obstacles. At Alcorn, despite the surrounding turbulence and fear-mongering related to immigration, we consistently achieve positive results for our clients. Not yet a client? Global founders can still establish a startup, present it to investors, and secure legal pathways to live and work in the United States through visas, green cards, and citizenship.

Therefore, I reiterate: Regardless of the election outcome, numerous opportunities will continue to exist for individuals to legally navigate the U.S. immigration system and access the security and opportunities available here. For further insights into these options, please join my Election Results Webinar next week.

In the meantime, here are my perspectives on how the election results may impact the future of U.S. immigration:

Looking forward, if Mr. Biden is declared the winner, he has committed to reversing all Trump-era immigration regulations within his first 100 days and supporting comprehensive immigration reform. He has also pledged to promote immigrant entrepreneurship, potentially leading to the introduction of a startup visa! His plans include accelerating naturalization, rescinding the Muslim travel bans, enacting legislation to expand the number of H-1B visas, increasing the number of employment-based green cards, exempting international STEM PhD graduates from priority date requirements, creating a new green card category to foster regional economic development, and supporting incubators for immigrant entrepreneurs.

Conversely, a continued Trump administration would likely maintain restrictive immigration policies, resulting in legal challenges and judicial decisions regarding many recent policies. A continued suspension of green card interviews at consulates due to COVID-19 is also foreseeable.

Additionally, DHS recently announced its intention to eliminate the randomness from the H-1B lottery and prioritize the annual H-1B selection process based on wage levels, starting in spring 2021. Litigation regarding this change is anticipated; however, Alcorn Immigration Law continues to advise all employers to register employees and candidates in the lottery as usual. These details will take time to resolve, and we want to ensure no one misses a chance at selection.

In other news, immigration processes are continuing as usual, and there is some positive news: The State Department recently released the November Visa Bulletin, and it remained unchanged from October. (If you believe your priority date is current or may become current soon, please contact your attorney promptly to discuss filing your I-485 this month to avoid potential retrogression in December!)

And if you require the freedom to develop your startup but have been informed that you do not yet qualify for an O-1A visa, EB-1A, or EB-2 NIW green card, you can join me in Extraordinary Ability Bootcamp with promo code DEARSOPHIE to receive a 20% discount.

We are optimistic about the future. Life consistently presents opportunities for growth through contrast and uncertainty, and we remain dedicated to our mission of fostering greater freedom, empowerment, knowledge, and compassion in the world.

Sophie

Do you have a question? Submit it here. We reserve the right to edit your submission for clarity and/or brevity. The information provided in “Dear Sophie” is for general informational purposes only and does not constitute legal advice. For more information on the limitations of “Dear Sophie,” please review our full disclaimer here. You can reach Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is available on all major podcast platforms. She is currently accepting applications for potential guests!