Elon Musk’s Immigration Status: Clarifying the ‘Illegal Immigrant’ Claim.
A viral meme from the mid-2010s has circulated claims that Elon Musk, the South African-born founder of SpaceX and CEO of Tesla, was once an “illegal immigrant” in the United States. This assertion, made by Musk’s brother, resurfaced recently, prompting renewed discussions about Musk’s immigration history.
In 2016, Snopes fact-checked the claim, noting that Musk’s transition from a student visa to U.S. citizenship in 2002 appeared to follow legal pathways. Despite this, the claim gained traction on social media platforms like Reddit and Facebook after an old interview resurfaced in 2024. During this interview, Kimbal Musk, Elon’s younger brother and a restaurateur, referenced their uncertain immigration status during their early days with their tech startup, Zip2.
On March 8, 2024, an Instagram account shared a clip from a 2013 interview where the Musk brothers discussed their immigration status. This sparked questions about whether Elon Musk had ever truly been an undocumented immigrant in the U.S. Discussions intensified following Musk’s comments about migration to the U.S., including a tweet in February 2024 that garnered nearly 33 million views.
On September 29, 2024, Musk made another post that many interpreted as anti-immigrant, alleging that the Biden administration was fast-tracking asylum seekers to swing states. This post received over 103 million views.
In light of these developments, Snopes revisited the claim of Musk’s undocumented status, looking for new evidence regarding his immigration journey over the past eight years.
Origin of the ‘Illegal’ Claim
The claim primarily comes from a 2013 interview at the Milken Institute Global Conference. In this interview, Kimbal Musk recalled how venture capitalists realized they were illegal immigrants when they funded their startup in 1996. Elon Musk laughed and suggested it was more of a “gray area,” which has contributed to the narrative that he was undocumented in the U.S. from 1995 to 1997, prior to becoming a citizen in 2002. A closer examination of the timeline offers a more complex view.
Musk’s Immigration Timeline
Elon Musk was born in South Africa in 1971. He moved to Canada in 1989 after obtaining citizenship through his mother, Maye Musk. This move marked his first step toward legal immigration to North America.
In 1992, Musk transferred from Queen’s University in Ontario to the University of Pennsylvania (UPenn). While reports suggest he enrolled at UPenn on a student visa, the specific type remains unclear. Some sources state he arrived on an F-1 student visa, but this has not been confirmed. Regardless, this visa marked the beginning of his legal residency in the U.S.
Due to privacy laws, U.S. Citizenship and Immigration Services does not share personal immigration information about citizens and lawful residents. The details of Musk’s path to citizenship largely stem from his public statements. Attempts to reach Musk for clarification about his immigration timeline were unsuccessful.
While at UPenn, it is unclear if Musk participated in Optional Practical Training (OPT), a temporary work authorization for international students. Although he graduated in 1997 with degrees in physics and economics, there is no documentation confirming his involvement in OPT during that time.
In a 2013 keynote address at the South by Southwest (SXSW) festival, Musk discussed obtaining an H-1B visa, which allows U.S. companies to hire skilled foreign professionals. However, he did not specify when he received this visa. Musk stated he moved to Silicon Valley in 1995 to pursue a Ph.D. at Stanford but chose to start a company instead. He noted that the H-1B visa requires a degree, implying he could have secured it during his studies.
The Musk brothers founded Zip2 in 1995, before Elon graduated from UPenn and before he was to begin his studies at Stanford. It is possible he was already on an H-1B visa at that time, allowing him to work legally in the U.S. Although he eventually became a citizen, the specifics of his legal status during these years remain unclear.
Some sources suggest Musk may have received an EB-5 visa, which grants permanent residency to foreign investors, but this remains unconfirmed.
Misinterpretation of the ‘Gray Area’
The narrative of Musk as an “illegal immigrant” largely arises from Kimbal Musk’s comments in 2013, which could have been exaggerated. Temporary nonimmigrant visas can sometimes create legal gray areas, particularly if there are gaps between visa statuses. However, there is no solid evidence supporting claims that Elon Musk lived unlawfully in the U.S. during this time.
Musk’s immigration journey appears to have been legitimate, progressing through Canadian citizenship, U.S. student visas, and employment-based visas. Questions about his path to citizenship often stem from the complexities of the U.S. immigration system, especially for highly skilled workers on temporary visas.
Since Snopes’ initial fact-check in 2016, interest in Musk’s immigration status has continued, especially following the resurgence of the meme. An updated review confirms that while Musk’s immigration situation may have had its complexities, there is no credible evidence to label him as an “illegal immigrant.”
Conclusion
In conclusion, the claim that Elon Musk was once an “illegal immigrant” in the U.S. remains unproven. While Musk joked about being in a “gray area” concerning his immigration status, the evidence suggests he followed legal procedures through student and employment visas. There is no credible evidence to assert that he was ever fully “illegal” during his decades in the U.S.
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