Tahmina Watson Lornet Turnbull - The startup visa : key to job growth and economic prosperity in America

By Tahmina Watson

Edited by Lornet Turnbull

2015 by Tahmina Watson

All rights reserved. No part of this book may be reproduced, in any form or by any means, without written permission of the publisher. Company and product names mentioned herein are the trademarks or registered trademarks of their respective owners.

Ebook ISBN: 978-1-78301-697-6

Paperback ISBN: 978-1-78301-696-9

Dedicated to my mother who had a vision for me from the day I was born, to my husband who helped make that vision become reality, and to my daughters who inspire me every day.

T he American Dream I knew is losing its luster. Restrictive U.S. immigration policies and the rise of economies of other countries are driving talent elsewhere.

When I immigrated here, America was the greatest land of opportunity for technology entrepreneurs. Standouts in science, engineering, technology and mathematics research flocked here, too. Now they cant get visas. Even as the American economy flounders, advances in technology are making an American reinvention possible. More than ever before, the United States needs immigrant entrepreneurs. These entrepreneurs, however, need America less than ever before. The trend has become so common that it has a name: the reverse brain drain. At almost every entrepreneurship event in Silicon Valley, I meet skilled immigrants on temporary visas who have great ideas, but cant start companies because of their visa restrictions. Visit Bangalore, Shanghai, So Paulo, or any other big city in India, China, or Brazil, and you will find hundreds of innovative startups founded by people trained in U.S. schools and companies.

Not surprisingly, the competition for talent has gotten more intense. Many countries, including Australia, Canada, Chile, China, and Singapore, recognize the opportunity in attracting entrepreneurs, technologists, and other skilled workers. These countries are offering stipends, labor subsidies for employees, expedited visa processes, and other inducements to bring in startups. As a result of these aggressive recruitment policies, hundreds, if not thousands, of startup companies that might have launched in America are now taking root elsewhere.

To attract that very talent back to the U.S., a Startup Visa is absolutely crucial. And it is the Startup Visa that first connected me to Tahmina. Her immigration law expertise, her first-hand experiences of the various legal obstacles, and her passion for the Startup Visa make her a clear leading authority on the topic and an exceptional advocate for change. No one has yet described the challenges of the current laws and policies as applied to startup founders with such depth and comprehensiveness. Her account of the ineffectiveness of current immigration laws reveals why talented entrepreneurs are actively choosing other countries to found their businesses and why action must be taken if America is to continue to lead the world in innovation. Tahminas persuasive discussion is a must-read for anyone concerned with the economic future of America.

This book provides valuable policy advice and a guide for entrepreneurs hoping to navigate some of the treacherous waters of the American immigration system.

Vivek Wadhwa

T here are many people who were instrumental in the creation of this labor of love, proving that it takes a village to conjure up a book.

This book would not be possible were it not for my immensely loving, supportive and encouraging husband, Tom Watson. A patent attorney and partner at his own law firm Amin, Turocy and Watson LLP, Tom is a devoted husband to me, father to our two daughters, and a savior of all of my technology problems. (Yes, I have called him to solve the printer problem when it was, in fact, simply unplugged.)

A genius in his own right, Tom listens to all my passionate immigration arguments, even when I can tell it makes no sense to him. He prints pages of random, irrelevant statutes and bills for me at ungodly hours of the night, supports everything I do unconditionally, and even encourages this crazy passion I have to bring about change.

This book had its inception during a conversation with my client and friend, Mbwana Alliy, founder and managing partner of Savannah Fund, one of the first venture capital firms helping startups in Africa. As someone who understands the intricate issues related to startups and the depth of my passion and legal knowledge for a Startup Visa, I will be forever grateful for his ideas and encouragement.

I must also thank my Startup Visa cohorts who constantly inspire, motivate and educate me. Craig Montuori, whom I have referred to as Magic Genie, has a wealth of knowledge and connections on anything about startups and related law and policy. Munly Leong, a serial entrepreneur, whose unique entrepreneurial perspective brings an important element to the Startup Visa debate. Jason Wiens, policy director at the Ewing Marion Kauffman Foundation and former deputy legislative director to Sen. Jerry Moran, R-Kansas.

I want to thank Sen. Moran and his legislative director, Mark Colwell, for consistently championing the Startup Act. I have no doubt their tireless efforts will lead to a Startup Visa someday.

I also want to thank some of my colleagues and friends who have been inspirational Heather Redman, vice president of operations and general counsel of Indix and former general counsel to Getty Images, Inc., who is committed to finding a solution for startup founders. Smeeta Hirani, my dear friend and a writer who helped me understand a little bit about the world of writing. Nicole Hay for being my first book reviewer. My colleagues at the American Immigration Lawyers Association, (AILA), who are constantly fighting for immigration reform and the rights of immigrants. Many of them are good friends, without whom I would find it hard to practice law. Im especially grateful for the friendships of Belle Woods and Michele Carney who have been mentors in helping me hone my written advocacy skills.

I thank my team at Watson Immigration Law, and especially Silviya Borroff, Jacqui Starr and Nicole Lockett, without whom I would not be able to spend the time I do arguing passionately for reform. They are my reviewers, editors, devils advocates and fellow debaters on immigration policy matters that come up in the office.

A huge thanks to Fiona McKinnon, my friend and colleague at Watson Immigration Law. For years, she has been my de facto editor of many of the articles appearing in this book, my blog and other publications. Thanks to Jenn Morgan and her team at Radically Distinct, particularly Trudi Jo Davis, whose tremendous help made this book become reality.

My profuse gratitude and thanks to my editor, Lornet Turnbull, without whom this book would simply not be complete. She miraculously appeared just when I needed her most. As a former immigration reporter at The Seattle Times, she brings her immigration knowledge and journalism skills to help bring to life the vision and message I wanted to send in this book. I will be forever grateful.

And finally, I want to thank my clients all of them for allowing me the privilege of helping with some of the most important issues of their lives. I want to specifically thank my entrepreneur clients who constantly teach me about dedication and passion, about the world of startups, and who inspire and motivate me every day to advocate for change so they can continue to change the world.