Biden's Win & Tech Immigration: What It Means

This is another installment of “Dear Sophie,” the advice section dedicated to addressing immigration questions relevant to those working in the technology sector.

“The inquiries you submit are essential for disseminating knowledge, empowering individuals globally to overcome geographical limitations and achieve their aspirations,” states Sophie Alcorn, an immigration lawyer based in Silicon Valley. “Whether you are involved in human resources, are a company founder, or are seeking employment in Silicon Valley, I welcome your questions for inclusion in my next column.”

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Dear Sophie:

How will the election of President-elect Biden impact U.S. immigration and immigration reform?

I work in the tech industry in San Francisco and have numerous friends who are immigrant entrepreneurs, as well as many international colleagues at my technology company. What developments can we anticipate?

—Anticipation in Albany

Dear Anticipation,

Looking ahead, I foresee positive developments. President-elect Biden and Vice President-elect Harris have consistently demonstrated a strong commitment to significant immigration reforms that will directly influence the Silicon Valley technology landscape.

We anticipate favorable changes. As our firm is dedicated to removing barriers, broadening opportunities, and connecting the world through compassionate, forward-thinking, and expert immigration legal services for the benefit of all, we are eager for a wave of immigration adjustments that will assist our clients and foster innovation and entrepreneurship in Silicon Valley and beyond. I invite you to join me tomorrow for a complimentary webinar where we will examine the future of U.S. immigration in 2020, its implications for Silicon Valley, immigration for startup founders, and the processes of recruiting, employing, and retaining highly qualified personnel.

I am optimistic that we will witness substantial changes in immigration policies affecting startups, founders, investors, researchers, highly skilled workers, students, Dreamers, and families under the Biden administration. For my perspective on some key aspects, please listen to my Immigration Law for Tech Startups podcast. A primary focus for Biden and Harris is to reverse recent executive orders and regulations, modernize our immigration infrastructure, and, crucially, embrace immigrants.

President-elect Biden’s six-point plan for establishing a just and compassionate immigration system encompasses pledges to:

• Revoke Trump-era immigration policies, regulations, and executive orders.
• Modernize the existing immigration system.
• Develop immigration policies and legislation that are welcoming to immigrants.
• Implement effective border security measures.
• Reaffirm the U.S.’s dedication to supporting those seeking asylum and refugee status.
• Address the underlying factors driving asylum seekers and refugees to migrate to the U.S.

First 100 days

Throughout the initial 100 days of his term, President Biden has pledged to implement a series of measures aimed at reversing recently enacted immigration policies considered detrimental. These plans include the complete restoration of the Deferred Action for Childhood Arrivals (DACA) program, previously targeted for termination by the prior administration, extending eligibility for federal student assistance to Dreamers – those benefiting from DACA – and offering protections to undocumented individuals while legislative pathways to citizenship are established.

Furthermore, he intends to abolish the public charge rule, which took effect in February and impacts a significant number of applicants for both work visas and green cards.

A commitment to fostering immigrant entrepreneurship has also been made, specifically through the creation of a startup visa. Prior to leaving office, the Obama administration initiated a similar concept via executive order, known as the International Entrepreneur Rule. However, the subsequent administration attempted to dismantle this rule, leading to legal challenges, and U.S. Citizenship and Immigration Services (USCIS) did not fully enact it. Support is offered to the new administration in its efforts to realize the startup visa.

President Biden has also outlined intentions to:

• Simplify and enhance the naturalization procedure for eligible green card holders, a process that became more complex during the previous administration.
• Engage in discussions with leaders from various nations to address the root causes of migration and formulate a collaborative regional solution for resettlement.
• Revoke the existing travel restrictions – often referred to as the “Muslim bans” – currently affecting citizens from Eritrea, Iran, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela and Yemen.
• Conduct a review of Temporary Protected Status (TPS) designations for countries experiencing significant hardship, such as armed conflict, natural disasters, or epidemics. TPS allows citizens of designated countries, currently residing in the U.S., to remain and work until the designation expires.
• Halt enforcement operations in sensitive locations like schools, religious institutions, and medical facilities, and ensure accountability within Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) regarding the humane treatment of all individuals.
• Work to reunite children who remain separated from their families, prevent future family separations, and curtail the extended detention of children.
• Terminate the limitations imposed by the previous administration on eligibility for asylum.
• Safeguard and broaden opportunities for individuals who have served in the military.
• Cease the allocation of Department of Defense resources towards the construction of a border wall.

Modernizing the U.S. immigration system

President Biden pledged to collaborate with Congress on enacting immigration reform laws. While the control of the Senate by either Democrats or Republicans remains to be determined, the legislative goals President Biden has presented that have the most direct impact on the technology sector encompass:

• Broadening the availability of temporary work visas for highly qualified professionals, including visas like the H-1B and O-1, alongside provisions that encourage companies to hire qualified workers already present in the United States.
• Adjusting the quantity of employment-based green cards issued, based on the state of the U.S. job market and the needs expressed by U.S. businesses. The current annual limit for employment-based green cards is 140,000.
• Removing international students who complete a doctoral degree in a science, technology, engineering, or mathematics (STEM) field within the U.S. from consideration under the yearly limit for employment-based green cards.
• Removing restrictions on the number of employment and family green cards allocated based on an applicant’s country of origin.
• Strengthening family-based immigration by enabling approved green card applicants to obtain a temporary visa while their green card is being processed, and by excluding spouses and children of green card holders from the annual green card quotas.
• Maintaining the diversity green card program.
• Establishing a new type of immigrant visa (green card) that would permit cities and counties to request increased immigration levels to bolster their regional economic growth plans and attract both businesses and employees to their localities.
• Upholding regulations to safeguard the rights of both American and foreign workers.
• Establishing a pathway to citizenship for the approximately 11 million individuals (including Dreamers, their families, and others) who are undocumented immigrants and who reside in and contribute to the U.S. economy. The Biden campaign noted that the IRS received $23.6 billion in 2015 from 4.4 million workers lacking Social Security numbers, many of whom were undocumented.
• Expanding safeguards for undocumented immigrants who report workplace infractions.
• Increasing the number of visas available to individuals who have experienced domestic abuse, including green cards through the Violence Against Women Act (VAWA).

Welcoming Immigrants

The Biden administration intends to provide communities with federal assistance to, among other initiatives:

• Provide backing for business incubators specifically designed for immigrants, and offer assistance in securing business financing, guidance, and funding.
• Encourage statewide initiatives to reduce obstacles to the revalidation of professional qualifications and certifications obtained in other nations.
• Support the creation of offices dedicated to immigrant affairs at the municipal, county, or state level, with a focus on developing inclusive regulations.
• Develop local resources and welcome centers to assist all residents in finding employment and accessing essential services.
• Assist legal permanent residents (green card holders) in completing the process of becoming naturalized U.S. citizens.
• Revoke state-level legislation that is detrimental to immigrants and hinders their ability to find safety and pursue legal recourse as victims of crimes.
• Fund programs that facilitate networking between immigrant professionals and their peers within their respective industries, including opportunities for cultural exchange.

It is encouraging to see an incoming administration that acknowledges the contributions of immigrants and international business founders. We anticipate a period of significant positive change over the next four years!

All my best,

S

Do you have a question? Please submit it here. We maintain the right to modify your submission for improved clarity and/or brevity. The information presented in “Dear Sophie” is intended for general knowledge and should not be considered legal counsel. For further details regarding the limitations of “Dear Sophie,” please consult our complete disclaimer available here. You may reach Sophie directly through Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, can be found on all popular podcasting services. She is currently accepting applications for potential guests!