Immigration Attorney's Take on NY Build 2022
March 2, 2022 – my first large-scale in-person event in two years – the 2022 New York Build held at the colossal Javits Center, set within the Hudson Yards Megaproject in far west midtown Manhattan. The exhibition hall itself is part of the Javits Center’s $1.5 billion expansion project, which began in 2017 and was completed less than a year ago in June 2021.
Walking through the exhibit hall took me back to my pre-pandemic conference days with 250 exhibitors, 300 speakers, breakout lounges, marketing swag and of course a bar (this one including construction themed drinks – think “Screwdriver,” “2x4,” and “Shovel Shooter”). Surrounded by thousands of construction professionals, I could also see a distinct and optimistic focus on the future.
Mandi Wesley, advisor at Mantle Developments, spoke on the Championing Sustainability & Embodied Carbon panel at New York Build on March 2, 2022.
The conference program included a dedicated Future Construction Summit, panels on “Workplaces of the Future,” “Meeting the Challenges of the Future for High Performance Facades,” and “Intelligent Buildings for a Smarter Future.” Clear views of the future manifested in discussions on “Continued Transformation: What’s in the Pipeline for High-rise Buildings in NYC?,” “Digital Disruption – Trends Shaping the Construction Industry,” and “LEED Catalyzing Urban Innovation Ecosystems at the Community-scale in the Race Towards Net-Zero and Social Equity.”
Wow, sign me up for this future! I want to be there.
I get that construction is by definition actively looking to the future. Governments, developers, and individuals invest billions of dollars in infrastructure that may take years if not decades to be completed. Large scale projects are designed to meet the demands of the future as cities grow and evolve. So it shouldn’t be a surprise that the future would loom large over New York Build.
As an immigration attorney, I was struck by this focus on the future. Immigration law conferences, by contrast, are focused on the convoluted, patchwork cluster of policies, laws, regulations, executive orders and other such proclamations with no clear design or long-term solutions in sight.
Even though in theory immigration law is designed to regulate a prospective process, in practice, immigration law is for the here and now. Preparing for the future means setting a case for litigation or preparing for a possible audit. The future isn’t positive; the future is the worst case scenario. Furthermore, how we practice today could change tomorrow. Immigration law is subject to political winds, presidential agendas and world events.
Nevertheless, we advocate for future changes to immigration laws. We may even get close to immigration reform. But the reality is that the basis of our immigration laws is the 1964 Immigration and Nationality Act; the annual cap for immigration hasn’t been raised since 1990; the last major immigration legislation was passed in 1996. We are so mired in the past, many immigration lawyers are working within a system that is based on laws written in a world in which they weren’t yet even born. Because immigration is central to our national interests, immigration laws must be passed by Congress. The fact that Congress hasn’t been able to pass any meaningful immigration laws in more than 25 years, despite a nearly unanimous agreement that the laws we have are not working, shows how debilitating reliance on Congress can be.
Turning the focus back to the future at New York Build, it is empowering that cities, states, and federal agencies all have a hand in building infrastructure for the future. Those who will have the most to gain from action, and the most to lose from inaction, are empowered to rezone, design, build and construct. Contrast this to immigration laws and policies — local authorities and communities bear the brunt of outdated and ineffective immigration laws.
I often advise employers on the O-1 visa, which is perfect for those who are leaders in their fields. But what about those who aren’t extraordinary yet, but who may be in the future? Graduates who have studied in the US and who have completed their optional practical training hang their hopes on a randomly selected H-1B lottery.
Cities and states may pass immigration related resolutions, but federal agencies oversee immigration law enforcement, relegating local laws to nothing more than recommended best practices. This leaves employers in many parts of the country unable to find workers, skilled or unskilled, to meet business demands; small employers struggle with compliance trying to decipher the patchwork of immigration laws and policies when verifying employment authorization or trying to hire workers, and undocumented family members are forced to stay in the shadows and unable to fully participate in their communities.
Of course we can’t have different immigration laws for each local community, but is it too much to ask to have immigration laws that, instead of tethering us to the past, prepare us for the future?
New York Build enlightened me to the optimism inherent to the construction industry and challenged me to think about how I can help reframe an immigration discussion focused on the future.
This wasn’t what I was expecting from New York Build, but as an immigration lawyer I needed that dose of optimism.
The 2x4 wasn’t bad either.
About the author: Managing immigration practices in New York and London, Anastasia Tonello (Ulmer & Berne) advises clients on the commercial and practical issues facing overseas businesses as they expand into the US. Read more about her here.
Mark Your Calendars
New York Build was the first Build Expo of the 2022 year.
Sydney Build, June 1-2
Chicago Build, October 13-14
London Build, November 16-17