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Introducing ‘Dear Sophie,’ an advice column for U.S.-bound immigrant employees

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.

Extra Crunch is excited to announce the launch of “Dear Sophie,” an advice column with answers for all your questions on attracting, hiring and retaining immigrant employees — and more.

Dear Sophie is a collaborative forum hosted by ExtraCrunch and curated by Sophie Alcorn, certified as a Specialist Attorney in Immigration and Nationality Law by the State Bar of California Board of Legal Specialization. Sophie is the founder of Alcorn Immigration Law, the fastest-growing immigration law firm in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.”


Dear Reader,

As I pack my bags to speak at TechCrunch Disrupt in Berlin this week, I’m happy to announce the first edition of my new column, Dear Sophie. I’m excited to answer your questions about U.S. immigration!

And, If you’re in the area, I invite you to join me at Disrupt Berlin 2019. You can use promo code ALCORN for discounted admission and meet me in person for a free consultation with CrunchMatch, or attend one of my two sessions: 

Hope to see you there,

Sophie


Dear Sophie: I’m scared: I feel like I should really be in Silicon Valley to grow my company, but everything I read about immigration makes it sound so hard. Is my dream possible?

— Dreaming in Dresden

Dear Dreaming: Yes, coming to the U.S. to build a startup is absolutely possible. In fact, I see founders like you do it all the time. Your dream is valid and definitely worth pursuing.

The first piece of advice I’d give you is to be careful about which news sources you trust! You might not be getting the whole story. While dramatic changes are taking place in the United States, we still have a functioning immigration system that allows people to come live and work here — people just like you. 

The second piece of advice I have is to research the many visa and green card options that can allow you to come to the United States and grow your company (you can read about them on my blog). You’ll find that some visas grant you the ability to work for the short-term or the long-term (potentially), and some allow you to visit and see what things are like here. 

With these visas, you can find a co-founder and build the early stage of your company, establish a U.S. branch of your existing business, seek venture capital and so much more. 

The third piece of advice I have is to really clarify why you want to come to America — that way, you can be strategic about achieving your goals. You might require a little guidance here, which is one example of where immigration lawyers like myself can be helpful. 

When I meet people in your situation, I reassure them that, not only are they safe to dream with me, but I’ve also helped hundreds of people just like them realize their dreams, even when they didn’t believe it was possible. Almost everybody who comes here once asked the same questions you’re asking.

My last piece of advice is simply to follow your heart. The world needs your ideas and contributions. There are lots of resources and ways to get informed and educated, which is the first step on this journey. Once you have a clear vision, you can work to make your dream a reality — It’s not always easy, but where there’s a will, there’s a way.

You’ve already asked for help, which is a great way to get started. I wish you the best!

Dear Sophie: I have a startup that has been quite successful in Germany. What’s the best way for me to spend some time in the United States exploring product-market fit, gauging business development, and talking to venture capitalists?

— Founder in Frankfurt

Dear Founder: Congratulations on your startup! And bravo for considering taking steps toward strengthening the U.S. marketplace. 

The first thing I suggest you decide is how long it will likely take for you to accomplish your goals. 

If you think you can get the answers you need in less than 90 days, the answer is pretty simple: apply for ESTA (Electronic System for Travel Authorization), which is available to citizens of about 40 countries (including Germany). You’re allowed to visit for business or pleasure with ESTA, but you’re not allowed to work — and you must definitely depart the United States before the end of the authorized period. 

ESTA could be great for a short business trip or a brief accelerator program in Silicon Valley. Be careful with programs that run longer than 90 days. I’ve seen founders in these longer programs leave on day 88 to go back home for a week and then return to the U.S. to complete the program, hoping that this is a safe workaround of the time limit. Remember that ESTA is a non-immigrant status, and if Customs and Border Protection suspects that you are trying to live here or work here, they have the authority to deny your entry to the United States. 

On the other hand, if you know you’ll need to spend 4-6 months in the U.S. without interruption, I suggest you talk to an attorney about the possibility of applying for a B-1/B-2 visitor visa (even if you have ESTA). A visitor visa allows you to stay in the U.S. for up to six months on a single visit. 

People often ask me how long they can stay in the U.S. during a calendar year or how long they need to be outside of the United States after a six-month visit. While there is no fixed answer to these questions, I remind them that ESTA, B-1, and B-2 are non-immigrant statuses, Customs and Border Protection has the authority to deny you entry if you appear to be living or working in the U.S. In my experience, reentry seems OK when people are spending less than 50% of the time in the country as visitors. Still, it’s always best to talk with an attorney about your particular situation. For example, sometimes our clients request that we provide them with letters of support explaining why their trip is temporary, which they can show to the officers at the airport if they get questioned.

I encourage people in your situation to at least come for 90 days. It’s a great opportunity to network, have some great conversations, and clarify your long-term goals in the U.S. Take some time to think about it, reach out online, so you have things set up before you arrive, and plan out your finances so you can make the most of your trip. I’m wishing you every success!

Dear Sophie: I am a venture capitalist, and my fund recently had great success. We’re now raising a second round and building out the infrastructure of our organization. I have a brilliant contractor working for me who scouts new startups. She was born in India, just got her Bachelor’s degree in Computer Science from an Ivy League university, and was also recently accepted back into a Master’s program there. I want to help her plan for her future. Can she keep working for me after OPT, or should she go back to school? How do these choices affect her prospects for short-term and long-term chances for immigration?

— Venture in Venice Beach

Facebook purges more ‘bad actors’ in Myanmar but it still won’t commit to a local office

As Facebook continues to grasp the severity of the situation in Myanmar, where the UN has concluded that its social network plays “determining role” in inciting genocide, the U.S. tech giant has completed a third sweep in recent months to remove bad actors from its platform.

Facebook said late Tuesday U.S. time that it has removed a total of 135 Facebook accounts, 425 Pages, 17 Groups and an additional 15 Instagram accounts with this latest piece of action.

Facebook has around 20 million users in Myanmar — that’s nearly all of the country’s internet users and nearly 40 percent of the population — and it gave some stats on the reach that it has now nullified:

  • Approximately 2.5 million people followed at least one of these Facebook Pages
  • Approximately 6,400 people belonged to at least one of these Facebook Groups
  • Approximately 1,300 people followed at least one these Instagram accounts

This is Facebook’s third such cull in recent months. Its previous removals impacted some high-profile individuals including Senior General Min Aung Hlaing, commander-in-chief of the armed forces, and the military-owned Myawady television network were removed from the social network following “evidence [that they] committed or enabled serious human rights abuses in the country.”

What’s notable about this newest action is that the company said it took action because of “the behavior of these actors rather than on the type of content they were posting.”

We’re waiting for further confirmation on exactly what that means, but acting irrespective of posted content would represent an interesting change in its policing, and it could impact Facebook’s efforts in Myanmar — and other areas — going forward.

Nearly everyone who has internet access in Myanmar uses Facebook, giving it an estimated user base of around 20 million. AFP PHOTO / Nicolas ASFOURI / Getty Images

That’s promising but, unfortunately, it appears that Facebook is still reluctant to commit to opening a local office in Myanmar. That’s something that local civic groups on the ground in Myanmar — who have worked with Facebook to improve the situation — have called a key requirement for meaningful progress.

“How many companies have 20 million users in one country but don’t have a single employee, it’s absurd,” Jes Petersen — CEO of accelerator firm Phandeeyar, which is part of the advisory group — told TechCrunch last month. “An office would go a long way to building relationships with stakeholders.”

Facebook declined to comment on the possibility of a Myanmar-based office when we asked.

The company has pledged to increase the number of Burmese translators working on Myanmar-based content to 100 by the end of this year. It has said a number of times that it is working on AI-based solutions, too, but cracks still appear.

We more than 100 people reported a racist #Burmese #Facebook profile as it names “Dog Allah”. After few days, Facebook replied us that “it doesn’t go against one of our specific community standard”.

Facebook is still allowing #HateSpeech in Myanmar against #Rohingya & #Muslim pic.twitter.com/NfMdwHZb8a

— Yar Tin (@YarTin7) November 18, 2018

Equally, while reaching 100 translators means Facebook has more than doubled its Burmese-compliant content checking contingent, the figure is dwarfed by others. Myanmar’s army reportedly has 700 people working on its own Facebook strategy.

For instance one source told us Myanmar’s military has up to 700 troops working on Facebook. The company hopes to have 100 content reviewers for Myanmar by the end of the year. It has other teams doing safety and security, but there’s a definite mismatch.

— Paul Mozur (@paulmozur) October 15, 2018

Sources familiar with the company’s thinking told TechCrunch that Facebook is concerned that “there would be real risks involved” if it were to open an office, “including the potential for increased government leverage on content and data requests as well as potential risks to Facebook’s employees.”

That response is backed, according to the sources, by the findings of a BSR report that was released last month.

If this is consistent with the company’s strategy then it is troubling because that doesn’t tell the whole truth of what is a very nuanced issue.

While it is correct that the report did mention the potential risks associated with an office — around both the safety of staff and potential for government pressure — the conclusion wasn’t that Facebook shouldn’t open the office. It was that there are “advantages and disadvantages” to it doing so.

So you could equally argue that it should open an office if you choose to focus the positive argument from the report.

More generally, it is certainly ironic that Facebook is (partially) citing insight from a report that it controversially released on the eve of the U.S. mid-term elections, a move that many took as an effort to bury the findings while the news cycle was focused on a key political moment.

While it may not get the same press attention as Russian-backed U.S. election meddling, the Facebook-Myanmar situation is a key one to watch in 2019. Facebook is the de facto internet in Southeast Asia and other emerging markets so its influence extends beyond anything people in Western markets can begin to imagine.