Elon Musk has shared details about his immigration experience in the US after a Washington Post report claimed the billionaire worked illegally in the 1990s.
Mr Musk, now one of the world's most influential figures in technology, discussed his past visa status on X, the social media platform he owns, repudiating the allegations.
The Washington Post report, based on court documents, company records and testimonies from the billionaire's former business associates, said that Mr Musk's immigration status had been an early concern for investors at his first startup, Zip2. Specifically, a former CEO said that investors feared Mr Musk might face deportation due to an unclear work status at the time.
Mr Musk, however, rubbished these allegations, writing, “I was in fact allowed to work in the US,” and accused US President Joe Biden of “lying” when he referenced the report during a recent speech.
In a series of posts defending his past, the Tesla CEO revealed he held both J-1 and H-1B visas early in his career. “I was on a J-1 visa that transitioned to an H1-B,” he explained, adding, “They know this, as they have all my records.” He did not specify the institution that sponsored his J-1 visa or the years he held it.
Experts say these details could imply that Mr Musk may have worked without authorisation if he left his studies to pursue a business venture, as strict rules govern work permits for individuals on student visas.
Greg Siskind, an immigration attorney and co-author of multiple J-1 visa guides, pointed out, “Musk would have needed to be engaged in a full course of study (at least 12 academic hours a semester) in order to qualify for work while being a J-1 student.”
In other words, if Elon Musk did not remain in an academic programme, he would have been ineligible for work under the J-1 visa.
Another immigration expert, Charles Kuck, noted that Mr Musk's description of having a J-1 visa suggests he likely violated his visa conditions if he was indeed working outside an academic setting.
“So clearly, he's admitting now that, in fact, he did work illegally and violate his status,” Mr Kuck told CNN.
He said that Mr Musk's current statements leave several questions such as what steps Mr Musk took to remedy his status before obtaining his H-1B unanswered.
Born in South Africa, Mr Musk became a Canadian citizen through his mother before moving to the US in 1992 to attend the University of Pennsylvania. He became a US citizen a decade later.
In the past, Mr Musk has described his immigration status at that time as a “grey area,” even as his brother Kimbal Musk publicly referred to them as “illegal immigrants” during their early startup days.
Elon Musk, however, countered his brother's statements, calling it an ambiguous situation rather than an outright illegal status.
Hunter Swanson, associate director of the Center for International Education at Washington and Lee University, explained that regulations around student visas weren't as rigorously enforced in the 90s as they are now, saying, “It definitely wouldn't be possible to do academic training now on a J-1 Visa if you dropped out in your first term.”
Following the 9/11 terror attacks, enforcement around student visa restrictions tightened significantly, with systems introduced to monitor compliance more closely.
