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Mar 2 2013

Why Am I Forbidden From Using My iPhone In US Immigration Areas?

No Phones Allowed HereI’m in the Little Rock airport on my way home. After having an abysmal travel day yesterday that started off at 5:30am with me being detained By U.S. Customs and Border Protection in the Toronto airport, I finally got to Little Rock around 4pm, made it to the Startup Arkansas event around 5:30pm, and did two hours of open office hours, a Startup Communities talk, and general Q&A. When I got back to my hotel room around 10:30pm  and crawled into bed after hanging around with the entrepreneurs at a great after party, the crappy US CBP experience had been washed off of me. I had a great evening, and, like entrepreneurs everywhere, the people I got to hang out with in Arkansas are optimistic, fun, excited about what they are doing, and building the future. And they like beer, which I needed after a very long day.

I had two separate bad dreams last night about being detained. The first was a strange, complex one that is now fuzzy in my head, but happened in a futuristic, very dark setting. The second is still fresh – I was with Dick Costolo (Twitter CEO) somewhere in San Francisco and we were detained by military people who put us in a room, took away our iPhones because they were afraid Dick would start a revolution since he controlled Twitter, and made us sit silently back to back. I woke up before that dream resolved.

When I woke up from my second dream, I realized I was wondering why you are forbidden from using your iPhone in US Immigration areas. I notice this all the time when I enter the US – you go through a door into where the giant immigration room is and you are bombarded with the universal “no phone” sign. Then, when you break this rule and tweet a photo of the “no phone” sign, one of the CBP people inevitably comes over to you and tells you that you can’t use your phone there.

Yesterday, after I ended up in what I have been told is called the “secondary” room, I quickly sent Amy and Kelly an email telling them where I was. I then tweeted that I had been detained by CBP. This took about 30 seconds, at which point one of the CBP agents very aggressively told me that I couldn’t use my phone in this room.

I didn’t have the presence of mind to ask why, nor do I think it would have been particularly helpful. I’m sure the formal reason is something like “you are on government property and we get to set the rules on what you do” and then there is – if pushed – some separate justification about security. But I’ve used my iPhone when I was in the White House, I’ve taken a photos of Obama with it, I check in on FourSquare at various government buildings, and I have spent many mindless minutes waiting on a line for some government service somewhere using my iPhone. And some very creative people have videoed their own experience with CPB and DHS agents doing ridiculous things, making absurd statements, and demonstrating what happens when they don’t understand civil liberties and our constitution as well as the people they are trying to question.

Why am I forbidden from using it in an Immigration facility? Are they afraid of people videoing what they are doing? Are they worried that I’ll rally a twitter mob to break me out of the secondary detention area. Or are they just enjoying exercising their ability to eliminate my ability to communicate with the outside world?

I’m clearly still riled up about yesterday, although I’m mostly just sad about it. It’s horrifying to me how, as a government, we treat non-US citizens who are legally in this country. It’s also disgusting to me how difficult we make it for people to come into this country and startup businesses, which ironically is the foundation on which much of this country has been built. And now that I had a very direct and minor taste of it, I’m sad that we’ve let things get to this point.

Apr 26 2018

Canada Is Going To Be The Next, Great, Entrepreneurial Tech Country

This article, Engineers Are Leaving Trump’s America for the Canadian Dream, stimulated a simple thought for me.

Canada has a huge, near-term competitive opportunity over to the US. 

I have a deeply held belief that US entrepreneurship has benefited extraordinarily over since World War II due to the desire of people from around the world to come to make their lives in the US. While this immigration philosophy started with the drafting of the Declaration of Independence in 1776 (and arguably before that with the European colonization of America), it transformed entrepreneurship, the US economy, and the US’s place in the world dramatically from the 1950s on.

While there are lots of issues around immigration, I believe the US’s relative permissiveness around, and openness to, people from other countries had a remarkably positive impact on the US. I wouldn’t be here other than the immigration of my great-grandparents (and my maternal grandfather) in the early 1900’s from Europe and Russia. While I feel deeply (and proudly) American, I know that my family has only been here for a few generations.

I’ve been aware of and engaged in issues around immigration for the last decade. When I saw this article yesterday, titled U.S. startup visa draws only 10 applicants as Trump throttles program, I thought to myself “duh.” I then read the article, which had a good punch line in the second paragraph.

“A big reason for the shortfall is that the year-old program has been constantly under assault since the election of President Donald Trump, whose agenda revolves around tightening immigration rules and dismantling Obama-era policies. The Homeland Security Department has twice delayed implementation of the program but agreed to leave the application process open after venture capitalists won a court challenge in December. No one has been granted a visa, and Homeland Security said last year that it’s working on a plan to kill the rule entirely.”

Yeah, well, I wouldn’t apply for one of those things either. After advocating for and working on the Startup Visa for almost a decade, it was powerful to end up with something at the end of 2016 (the International Entrepreneur Rule, which was the closest we’ve been to this) but disheartening to see the endless and continuous attack and attempt to undermine this by the current administration.

This is a gift to Canada around entrepreneurship, and I’ve already seen the impact of it in many places. The Toronto/Waterloo startup community is on fire. Many companies I’m involved in are exploring offices in Canada, especially Vancouver (for the Seattle folks) and Toronto (for the east coast folks) since it’s so difficult to get work visas in the US for employees. Other entrepreneurs from around the world are simply opting to start the company in Canada rather than the US because of all the uncertainty around visa status.

I’ve always liked Canada. There is a window in time where Canada has a massive strategic geographic advantage over the US. It’ll be interesting to look back in twenty years and see if the country capitalized on it.

Mar 31 2015

Trying Something New On Immigration In Colorado

I’ve been working on the Startup Visa since I first wrote about it on 9/10/2009 in my post The Founders Visa Movement. While there has periodically been improvement on the margins on the issue, I think our federal government has broadly failed us on this front.

So, I’m going to try something different. Yesterday, CU Boulder announced a new Entrepreneurs in Residence program to be administered by the Silicon Flatirons program. While the program is open to any entrepreneur, including those in the US, we are particularly focused on international entrepreneurs.

Through extensive work with Craig Montuori and leadership from Phil Weiser, the Dean of CU Law and head of Silicon Flatirons, we’ve come up with a neat approach that follows from the work that was done in Massachusetts, led by Jeff Bussgang and others, and originally approved as a major state initiative, only to see its funding pulled back after the recent election cycle.

The program in Colorado follows a similar approach with one major difference. It’s privately funded and doesn’t rely on anything from the state. My wife Amy Batchelor and I are putting up most of the funding for the first year program. It’s a major gift from us and more of me trying to put my money where my mouth is on issues I care about.

In the next 12 months, we’ll have four EIRs as part of the pilot program. They will be employed by CU Boulder for 20 hours per week and will receive a stipend of $25,000 per academic year (which starts in July). We’ll cover the cost of the H1-B visa if necessary, which is easy to acquire because H1-B visas for universities are uncapped.

Importantly, consistent with university policy and applicable law, entrepreneurs in the program will be free to work on their existing entrepreneurial ventures or start a new company.

We have a broad model for engagement in Boulder for new entrepreneurs. Between Techstars, Galvanize, Silicon Flatirons, the Blackstone Entrepreneurs Network, and many other accelerators, there will be significant mentorship opportunities. In the summer time, they’ll be part of Startup Summer (run by Startup Colorado in conjunction with Silicon Flatirons) along with being paired with a new MIT MBA Summer Internship in Boulder that I’m about to roll out (ah – foreshadowing…) And, with our broad #GiveFirst attitude across the startup community, they’ll be welcomed with open arms.

I’ve gotten worn out on the federal level immigration fight. I’m happy to continue to participate in advocacy for change around visas for entrepreneurs, but I’ve decided to focus my energy, and money, on exploring and experimenting with state-oriented solutions.

If you are interested in applying for one of the four EIR slots, just drop me an email and I’ll plug you in.

Mar 2 2017

Immigration Fundraiser: For Here or To Go

A little over a year ago I wrote a post about a feature film Amy and I were helping fund called For Here or To Go. The movie is about a set of Indian software developers in the US on H1-B visas. The main character wanted to start a company, or join a startup, but couldn’t make either happen in the context of the current H1-B visa constraints.

https://www.youtube.com/watch?v=ukSE5jV4eRM

It felt relevant when we helped fund it. It seems even more relevant today. It’s an excellent movie and my punch line from the blog post a year ago was:

“Now, this wasn’t a dry movie. While I don’t know Indian culture very well, Rishi created a rich set of characters, interwoven storylines, and a powerful content – including the challenge of romantic relationships while having an uncertain future around one’s immigration status – that drew me in to the movie.”

For Here or To Go is now finished and will be out at the end of March. Amy and I committed to match up to $25,000 of a $55,000 fundraising campaign to help get wider distribution for move. If this is something you are willing to participate in, go to the Crowdrise page and give whatever amount you are willing, knowing that Amy and I are matching you dollar for dollar.

Mar 7 2010

Silicon Flatirons Conference: The Role of Place: Entrepreneurial Immigration, Iteration, and Innovation

On Thursday, March 18th (during CU Entrepreneurship Week) there is going to be a great Silicon Flatirons Conference on “The Role of Place”Brad Bernthal, who is chairing the conference, leads with a great quote from Harvard Professor and Monitor Group co-founder Michael Porter.

"Paradoxically, the enduring competitive advantages in a global economy lie increasingly in local things – knowledge, relationships, and motivation – that distant rivals cannot match."

I’ve spent a lot of time thinking about this personally given all my work around the Boulder entrepreneurial community, TechStars, Foundry Group’s investments in different parts of the US, and the Startup Visa initiative. 

I’ll be on the first panel titled Entrepreneurial Immigration Policy with Lance Nagel (partner in Morgan, Lewis & Bockius’ Labor and Employment Practice) and Vivek Wadhwa (Senior Research Associate, Labor & Worklife Program at Harvard Law School and an Adjunct Professor at the Duke University Pratt School of Engineering).  I expect we’ll get a good chance to cover plenty of ground, including several of the incredible immigrant entrepreneur loci and projects like the Startup Visa initiative.

The second panel is Place and Iteration: Lessons From Storage and includes several folks who have been involved in the Boulder “storage ecosystem” over the past 30 years, including Jesse Aweida (founder of StorageTek) and Kyle Lefkoff (general partner of Boulder Ventures, who has invested in several Boulder storage companies over the years including McData and LeftHand Networks).  Jim Linfield (partner at Cooley Godward, the founder of Cooley’s Colorado office, and counsel for a number of Colorado storage companies) will be anchoring the panel.

The third panel is Innovation and The Architecture of Geography and will explore broader lessons and insight concerning the role of place, regional architecture, and innovation.

Once again, my friends at Silicon Flatiron have put together a rich conference on a very important and timely topic.  It’s taking place at the Wittemyer Courtroom, Wolf Law Building, University of Colorado on Thursday, March 18, 2010 from 2:30PM to 6:30PM.  Register now and come join us.

Jun 24 2016

For Here or To Go

It’s 2am on Friday and I’m awake because Brooks the Wonder Dog is afraid of thunderstorms. His approach to them is to literally try to climb under my body while I’m sleeping, which prevents me from sleeping, which results in me watching the Brexit insanity in real time.

Yesterday, we had our own US insanity around immigration as our Supreme Court voted 4-4 on the legality of Obama’s executive orders on immigration. This means that the issue gets kicked back down to the lower court and nothing is likely going to happen on this until after the election. There are so many ironies in this, especially against the backdrop of the potential immigration implications in England of the Brexit, that one can only wonder if our politicians are taking Game of Thrones a little too literally.

It’s easy to view all of this abstractly, rather than think about how it impacts individual people. Two weeks ago I watched a movie by Rishi Bhilawadikar titled For Here or To Go? It was about a set of Indian software developers in the US on H1-B visas. The main character wanted to start a company, or join a startup, but couldn’t make either happen in the context of the current H1-B visa constraints.

Now, this wasn’t a dry movie. While I don’t know Indian culture very well, Rishi created a rich set of characters, interwoven storylines, and a powerful content – including the challenge of romantic relationships while having an uncertain future around one’s immigration status – that drew me in to the movie.

https://www.youtube.com/watch?v=Q4F3A_e4zAc

There were several big twists, including the challenges of a large company co-founded by two Indian immigrants, one who was frustrated with the US immigration system and wanted highly educated Indians in the US to go back to India and start their companies there. This intersected with the main character’s romantic relationship and job search, which came together at the end in a powerful way.

Rishi is planning on formally releasing the movie at the beginning of next year. I’ve offered to help, and – like I did with Code: Debugging the Gender Gap – am providing some financing for that effort. If you care about the immigration issue and want to help with the movie in some way, email me and I’ll get you set up with a free full preview screening of the movie so you can watch it and decide if you want to get more involved.

Apr 24 2013

TechStars London approved for UK Entrepreneurs’ Visa

Last week TechStars London was approved for the UK Entrepreneurs’ Visa. If you are accepted to TechStars London, you now automatically get the UK Entrepreneurs’ Visa.

The approval will allow TechStars London teams from outside of the EU to work in the UK for up to three years. After the three years, they can apply to extend their stay by a further two years if they want to continue living here.  Furthermore after three years teams have the right to apply for permission to settle in the UK if their business has created at least 10 new full-time jobs in the UK. Partners and children of the teams can also apply for settlement.

As you likely know, I’ve been advocating for something like this in the US since 2009. Fred Wilson wrote a good post yesterday on the current state of Immigration Reform in the US which includes a summary of the recently introduced comprehensive immigration reform bill. It includes a bunch of things I’ve advocated for since I started paying attention to this in 2009, including a Startup Visa and a STEM Visa (or – in my language – “a Visa stapled to the diploma of every college graduate.”)

I hope we finally get something done in the US. In the mean time, Canada and the UK are being very forward looking about their immigration policy in the context of immigration. The US doesn’t have a monopoly on innovation – it’s time for us to get our act together on the immigration front. In the mean time, TechStars London applications are open!

Jan 25 2013

Canada’s Start-Up Visa Program

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?

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Jan 30 2013

Startup Visa Act 2013 Introduced By Udall (D-Colo) and Flake (R-Ariz)

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.

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Apr 16 2015

Announcing the Global EIR Coalition

Yesterday morning, over scrambled eggs and smoked salmon with Jeff Bussgang of Flybridge Capital (he had yogurt), we talked about immigration reform and our broken immigration system. Both Jeff and I have been working hard on making it much easier for immigrant entrepreneurs to get visa’s to start their companies in the US. Both of us have been unsuccessful in our efforts at a national level. At the end of the discussion, we decided to start the Global EIR Coalition to open source our approach and try to help every state in the US implement a similar program.

Last year Jeff and a bunch of his friends in Massachusetts created the Massachusetts Global Entrepreneur in Residence pilot program. The MA GEIR was a brilliant approach to a state level solution to this problem. The MA group did extensive legal work on this and the MA legislature passed a bill for it as part of their 2014 Jobs Act.

I watched from the sidelines with intrigue. I had become very discouraged at a federal level and have been spending mental cycles pondering state’s rights issues and state level approaches to things. I have deep respect and admiration for two our Colorado’s congressman – Michael Bennet (senate) and Jared Polis (house) – each which have worked very hard on immigration reform – and have learned a huge amount from them, including how hard it is to get things done in Washington. I also have enormous respect for Mark Udall who was Colorado’s senior senator and one of the original sponsors of the Startup Visa bill.

So when I started seeing what Jeff was doing in Massachusetts, I started working on a similar approach in Colorado with Craig Montuori, and Chris Nicholson of Venture Politics. This culminated in our recent launch of the Colorado EIR program.

One difference between the MA and the CO programs is funding. In MA, there was originally $3 million of state funding. I decided I wanted to try this in CO without any state funding, so I just funded the program myself for the first year to the tune of $150,000 (CU decided it was important to provide some funding directly as well, so they are contributing $50,000 to the program.) Unfortunately, after the election, the new MA governor defunded the program (although he has reinstated $100,000 of funding) so the group in MA is now working on a funding approach that does not rely heavily on the state.

As we iterate on this, we are learning an enormous amount about what works and what doesn’t work. Jeff and I agreed that we should amplify and expand our learning, so other states can build off of our experience as well as help us figure out a long-term, sustainable approach. We are clearly in experimentation mode, but with strong support intellectually from local leaders, such as Phil Weiser (Dean of CU Boulder Law School and head of Silicon Flatirons.)

While I’m not giving up on a federal solution, I plan to put my money and my energy into a state level solution. The dynamics around gay marriage and legalization of marijuana have intrigued me greatly, and as I read early American History, I understand (and remember) the original dynamic of the United States, where there are States that are United from the bottom up, rather than simply a federal government dictating policy top down.

As someone who loves networks and hates hierarchies, this is the right approach for my psyche. I’m ready to take another big swing at this from a different angle.

If you are working on something similar in your state, please reach out to join the Global EIR Coalition. Today is our first day in existence, so expect us to be chaotic, underfunded, and under-resourced just like every other raw startup. But, like Steve Blank and Eric Ries inspire us to do, we are just launching, aggressively doing customer developing, and iterating rapidly.

And, if you are a foreign entrepreneur who wants to build your company in Colorado, email me to apply to the Colorado GEIR program.

For Jeff’s perspective on what we are doing, take a look at his post Hacking Immigration – The Global EIR Coalition.