Comment by sunshowers

Comment by sunshowers 7 hours ago

2 replies

I believe a lot of them were on B-1/B-2 business visas (or equivalent ESTA), which are typically intended for "business meetings", not for "work". However, because the US immigration system is completely broken. getting a real work visa such as an H-1B or an L-1 is a time consuming process. The historical equilibrium has been that some kinds of things classified as "work" are permissible on B-1/B-2 visas.

A similar activity that technically flouts the rules is responding to your work email while on a business trip. Or for software people, reviewing PRs on GitHub. Neither of those activities are business meetings, but both are generally tolerated.

Chesterton's fence is kind of important! The overall problem is that the world has become globalized but immigration policy just hasn't kept up.

None of this is to defend in any way the appalling conditions the workers were subjected to. But also, note that these conditions are not out of the ordinary. People get stuck in immigration detention for years.

cyberax 7 hours ago

> I believe a lot of them were on B-1/B-2 business visas (or equivalent ESTA), which are typically intended for "business meetings", not for "work".

B-1/B-2 does allow some work. Specifically setting up complex equipment and also training workers. Here's the CBP manual: https://www.cbp.gov/sites/default/files/documents/B-1%20perm...

> If the contract of sale specifically requires the seller to provide these services or training, and you possess specialized knowledge essential to the seller's contractual obligation to perform the services or training it may be permissible for you to perform these services. In addition, the machinery or equipment must have been manufactured at a location outside of the United States and you may not receive compensation from a U.S. source.

Now the catch is that people on B1/B2 visas have NO recourse if _any_ border official decides that they violate the visa rules. And the rules themselves are really unclear.

  • sunshowers 7 hours ago

    Thanks. I guess it's even more complex than my understanding then, and a matter for lawyers aware of the case law to handle.