Tag Archives: Green Card

India and America: common values, shared success

By Richard G. Lugar

As Secretary of State Clinton’s recent trip to India demonstrated, these are exciting times for India, and for the India-United States relationship. India has liberalized and opened its economy, unleashing the entrepreneurial talent of its people and using its strong technology base to establish leading positions in such fields as telecommunications, information technology and pharmaceuticals.

America and India, for too long estranged during the Cold War, have developed steadily closer ties built on a uniquely strong foundation: both countries are stable, multi-ethnic democracies with a deep tradition of religious tolerance.

With a well-educated middle class that is larger than the entire U.S. population, India can be an anchor of stability in Asia and a center of economic growth. It is already the world’s second-fastest growing major economy, and bilateral trade with the U.S. has more than tripled over the past 10 years. I have worked to build a strategic partnership between the United States and India that will benefit both sides as India plays an ever-larger role on the world stage.

I am also excited by a new opportunity to match India’s entrepreneurial zeal with America’s current need for investment and jobs through the Startup Visa Act, which I introduced earlier this year. The bill would allow an immigrant entrepreneur to receive a two-year visa if he or she can show that a qualified U.S. investor is willing to invest in the immigrant’s startup venture. Many of India’s smartest and most entrepreneurial individuals are already here studying at our universities, so helping them stay to invest in their ideas would create jobs and help all Americans.

The bill would also apply to those already in the U.S. on unexpired H-1B visas, and entrepreneurs living outside the United States who already have a market presence here. If this legislation is enacted, it will help more Indians take part in the great American tradition of immigrant business success.

Another concern of Indians abroad is Pakistan, a concern I share. I believe the U.S. should use its influence to promote stability in the region, which could lead to a Pakistan that is more likely to cooperate and trade with India. That’s one of the reasons I co-sponsored the 2009 Enhanced Partnership with Pakistan Act.

The bill emphasizes economic assistance over military aid, and contains incentives for Pakistan to stabilize its democracy. It requires the Secretary of State to certify every year that Pakistan is meeting specific benchmarks of conduct, namely, that it is cooperating to dismantle supplier networks of nuclear weapons-related material, that it is making “significant efforts” to combat terrorist and extremist groups and that such groups are not receiving support from Pakistan’s military or spy service, and that it is not letting terrorist groups use Pakistan’s territory to stage attacks on other countries.

On that score, the bill specifically mentions Pakistan-based terrorist groups that threaten India as well as the United States and Afghanistan, including al Qaeda, the Taliban and Lashkar-e-Taiba, which conducted the 2008 Mumbai attack. The legislation aims to encourage Pakistan to re-orient its armed forces to a mission more focused on counter-terrorism and counter-insurgency than regional conflict, and calls for a cut-off of assistance if the security forces are deemed to be “subverting the political or judicial processes of Pakistan.” In short, India has much to gain from the success of this legislation.

All this is part of a larger strategic engagement between India and America, which took a major step forward three years ago with the passage of the US-India nuclear cooperation agreement, a step that I strongly supported. The legislation lifted a three-decade American moratorium on nuclear trade with India and opened the door for trade in a wide range of other high-technology items, such as supercomputers and fiber optics.

Some critics called the deal a set-back for U.S. non-proliferation efforts, since India remains outside the Nuclear Nonproliferation Treaty (NPT). I argued, however, that it actually provides incentives for the United States and India to deepen their cooperation in stopping proliferation, and confers numerous other benefits outside the nuclear realm by paving the way for broader economic and strategic collaboration.

The remarkable deepening of US-India ties over the past decade is only a start, as the relationship has still not reached its full potential. If Indians and Indian-Americans continue to contribute their ideas, their energy and their commitment, I am sure that even more exciting days lie ahead.

(Senator Richard Lugar is the Republican leader of the U.S. Senate Foreign Relations Committee.)

Indians and Illegal Immigration

The vast majority of Indians come to the United States legally and stay here as legal visa holders. Many become permanent residents (green card holders) and then U.S. citizens. Indeed, in terms of income and education, it would be difficult to find a more successful immigrant group in U.S. history.

There are also Indians in the United States illegally. Such individuals remain a small part of the overall illegal immigrant population. Still, it is a segment worth exploring to help us better understand the immigration issue.

According to the US Department of Homeland Security (DHS), Indians made up only 1.9 percent of the illegal immigrant population in the United States as of January 2010. (Here is a link to that report.) There were approximately 200,000 Indians not in legal status in the U.S. out of a total illegal immigrant population of 10,790,000, according to a DHS report released in February 2011.

Table 1

Illegal Immigrant Population by Country (2010)

Country of Birth Estimated Unauthorized Immigrant Population (2010)
Mexico 6,640,000
El Salvador 620,000
Guatemala 520,000
Honduras 330,000
Philippines 280,000
India 200,000
Ecuador 180,000
Brazil 180,000
Korea 170,000
China 130,000
All Countries 10,790,000

                                               Source: Department of Homeland Security.

A Country by Country Look

One can see by examining Table 1 that Mexico dominates the overall illegal immigration population in the United States, representing over 60 percent, with 6.6 million. The next three countries have far smaller numbers of illegal immigrants in America: El Salvador with 620,000, Guatemala with 520,000 and Honduras with 330,000. These figures are as of January 2010, which means it’s possible newer data could yield slightly different results.

The Philippines has the fifth most illegal immigrants with 280,000, followed by India in 6th place with 200,000. Illegal immigrants from the Philippines and India largely come to the United States legally on visas and then overstay their visas. Unlike Mexicans, Indians cannot simply cross a border and find themselves in the United States. While it is possible some may have gone to Canada or Mexico and entered America illegally, it is more likely Indian illegal immigrants were once in some type of legal status and lost that status.

Changes in Indian Unauthorized Immigrant Population Over Time

In 1990, Indians made up an estimated 0.8 percent of the unauthorized immigrant population, with only 28,000 illegal immigrants, according to the then Immigration and Naturalization Service (INS). It’s possible the 28,000 figure is a low estimate of the number of illegal immigrants from India in 1990. That is because an initial INS estimate of the number of Indians in the country illegally in the year 2000 was only 70,000. However, a few years later that figure was revised to 120,000.

Measuring the number of illegal immigrants in the United States is, by definition, not easy. It is even harder to make accurate estimates of smaller subsets of that population. Table 2 shows the overall number of Indians in the United States in the “unauthorized immigrant population” – the term used by the Department of Homeland Security – in 1990, 2000 and 2010. The numbers indicate the Indian population not in legal status has risen from 28,000 in 1990 to 200,000 in 2000.

Table 2

                                         Indian Unauthorized Immigrant Population: 1990 to 2010

Year Indian Percentage of Total
1990 28,000 0.8 percent
2000 120,000 1.4 percent
2010 200,000 1.9 percent

                   Source: Department of Homeland Security, Immigration and Naturalization Service.

Illegal Immigration Issue Remains Important

Whether someone is waiting for a green card or is an employer of immigrants, it would do well to remember that illegal immigration remains important in the American public’s mind. It drives the overall debate on immigration. In past years, disagreement on whether or not to provide legal status to the illegal immigrant population scuttled attempts to provide more green cards for high-skilled immigrants, including many Indians. The issue of illegal immigration is not going away.

Senate Hearing Sends Signals for Immigration Reform

Similar to a House hearing held earlier this year, a July 26, 2011 Senate Judiciary Subcommittee on Immigration, Refugees and Border Security hearing pointed toward agreement on the need to enact fixes to the employment-based green card system.

Committee Chair Charles Schumer (D-NY) titled the hearing “The Economic Imperative for Enacting Immigration Reform,” hoping to encourage such legislation to move forward in Congress. The hearing contained a remarkable amount of economic data and arguments in favor of liberalizing U.S. immigration laws, particularly in favor of allowing in more highly skilled immigrants.

Robert Greifeld, CEO of the NASDAQ OMX Group, testified, “Our world view must change to recognize that employers no longer have to locate jobs and workers because of physical capital requirements. Human capital is now highly mobile. The work product of STEM and other knowledge workers is just a plane ticket or an internet connection away.” He said NASDAQ supported “stapling” a green card to graduates of U.S. universities with a science, technology, engineering or math degree, and also support establishing a new visa for entrepreneurs.

Brad Smith, general counsel and senior vice president, legal and corporate affairs at Microsoft, noted the company had thousands of job openings for highly skilled positions. He also cited a 2010 University of Washington Economic Policy Research Center study that found Microsoft’s hiring of U.S. citizens, permanent residents and foreign nationals combined to create a “multiplier effect” creating 267,611 jobs in 2008 in Washington. “Through this multiplier effect, every job at Microsoft supported 5.81 jobs elsewhere in the state economy.”

Compelling Testimony on Green Card Backlog
One of the best things a Congressional hearing can do is put a human face on a problem. Dr. Puneet S. Arora, born in India and now a practicing physician in Los Angeles, CA, testified at the hearing on behalf of the organization Immigration Voice. Dr. Arora said though he had lived and worked in America for 15 years – and has two U.S. citizen children – he does not have permanent residency. He explained that due to the low annual quota for employment-based green cards combined with the per country limit, which affects potential Indian immigrants the most, he has been waiting years for permanent residence. In fact, he estimated it might be an additional 8 years of waiting before he could receive a green card.

The Old and the New
Hearings are often a way to gauge the views of members of Congress, particularly new ones. We have not heard much about their views on high skill immigration from either Senator Al Franken (D-MN) or Senator Richard Blumenthal (D-CT). By their questions and comments it appeared both are sympathetic to high skill immigration, particularly the plight of long-term green card holders. Senator Franken engaged in a long discussion with Dr. Arora, praising him for his previous work as a physician in Minnesota.

Veteran Senators Chuck Grassley (R-IA) and Jeff Sessions (R-AL) were less sympathetic. Senator Grassley said in a statement, “As part of the solution to America’s immigration problem, some policy makers have proposed the idea of giving immigrants a green card upon graduation . . . While it is important to keep the best and the brightest, getting a degree from a U.S. institution should not equate to a fast track to citizenship for all. Should this happen, the demand for enrollment in U.S. universities by international students would only increase and further erode the opportunities for American students.” He also discussed his efforts to encourage U.S. Citizenship and Immigration Services to root out fraud in H-1B and L-1 visas.

Senator Sessions scolded supporters of business immigration on the panel, saying they should not have supported comprehensive immigration reform legislation back in 2007. Sessions said he favored a point system similar to Canada’s. Under a point system, there would be no employer sponsorship and most family immigration categories would be eliminated. Instead, the government would set a maximum number of immigrants allowed in during a given year and award permanent residence only to those who achieve a specific number of points. The points would be determined based on characteristics such as age and education level.

Microsoft General Counsel Brad Smith said that a point system would take power away from individual employers to hire and sponsor the foreign-born employees they think are best and instead turn those decisions over to a bureaucratic government body. As a conservative Republican who often expresses skepticism of the federal government’s ability, Sessions seemed to understand the criticism, though did not appear to change his mind.

Reform Ideas
It appears the case was made that there is greater consensus on moving forward with reforms on employment-based green cards than on H-1B temporary visas. In fact, one of the risks for employers remains that efforts to liberalize green card quotas will be met by attempts to restrict temporary visas, such as H-1B and L-1. In addition, there are those who oppose narrow fixes to the immigration system, viewing smaller bills as a possible drain on efforts to achieve a broad comprehensive approach that deals with illegal immigration as well. These types of competing interests continue to make immigration reform a challenging proposition.

A Closer Look at H-1B Numbers

H-1B temporary visas for skilled professionals remain in the news as commentators note the relative decline in use of the visa as compared to previous years. According to U.S. Citizenship and Immigration Services, H-1B petitions filed for FY 2012 are indeed running below earlier years. (See Table 1.)

Table 1

FY 2012 H-1B Cap Count

Cap Type Cap Amount Cap Eligible Petitions Date of Last Count
H-1B Regular Cap 65,000 15,200 6/13/2011
H-1B Master’s Exemption 20,000 10,200 6/13/2011

Source: U.S. Citizenship and Immigration Services

Past Years: Which Companies Have Used the Most?

One source of controversy on H-1B visas has been the number of Indian companies featured among the top H-1B users. While the federal government has not released a complete list of H-1B employers for fiscal year 2010, some press outlets have obtained a top 12 list. Table 2 below shows that Infosys, an Indian company, was at the top of the list. Cognizant was second, Microsoft third, followed by Wipro, IBM India, Accenture, Larson & Toubro Infotech, Satyam, Mphasis and Deloitte. Google and Patni America were number 11 and 12 on the list.

Table 2

2010 H-1B Approved Petitions: Top Ten Employers

Company Petitions Approved in FY 2010
Infosys

3,792

Cognizant

3,388

Microsoft

1,618

Wipro

1,521

IBM India

882

Accenture

506

Larsen & Toubro

333

Satyam

224

Mphasis

197

Deloitte Consulting

196

Source: U.S. Citizenship and Immigration Services

Although the H-1B limit was reached in both FY 2009 and FY 2010, total approvals can differ each year. An application is generally counted in the fiscal year it is approved, rather than the fiscal year the H-1B professional starts working. In other words, a new H-1B approved on May 1, 2010 will be tabulated for data purposes in fiscal year 2010, even if the individual will not start working until October 1, 2010, which begins fiscal year 2011. That may explain why the FY 2010 numbers are higher than FY 2009 for petitions for new H-1Bs (rather than existing H-1B visa holders changing employers or having their status renewed).

Table 3 shows a list of the top 30 employers of new H-1B petitions approved in FY 2009. Wipro tops the list, followed by Microsoft, Intel, IBM India, Patni Americas, Larsen & Toubro, Ernst & Young, Infosys, UST Global and Deloitte Consulting. The list of the top 30 companies is more revealing than only a top 10 list, since one can see a wider variety of employers in the 11-30 range. For example, well-known U.S. companies such as Cisco Systems and Motorola were not in the top 10 but filed for a fair number of petitions for skilled foreign nationals in FY 2009. One also gains a view of the use of H-1Bs by educational institutions, with the Baltimore Public School System, University of Maryland and University of Michigan on the list.

Table 3

Top 30 Employers for New H-1B Petitions Approved in FY 2009 

EMPLOYER

NEW H-1B PETITIONS

Wipro Ltd.

1,964

Microsoft Corp.

1,318

Intel Corp.

723

IBM India Private Ltd.

695

Patni Americas Inc.

609

Larsen & Toubro Infotech Ltd.

602

Ernst & Young LLP

481

Infosys Technologies Ltd.

440

UST Global Inc. 

344

Deloitte Consulting LLP 

328

Qualcomm Inc.

320

Cisco Systems Inc.

308

Accenture LLP

287

KPMG LLP

287

Oracle USA Inc. 

272

Polaris Software Lab India Ltd. 

254

Rite Aid Corp. 

240

Goldman Sachs & Co. 

236

Deloitte & Touche LLP 

235

Cognizant Tech Solutions Corp.

233

Mphasis Corp.

229

Satyam Computer Services Ltd.

219

Bloomberg 

217

Motorola Inc. 

213

Google Inc. 

211

Baltimore Public School System 

187

University of Maryland 

185

University of Michigan 

183

Yahoo Inc. 

183

Amazon Global Resources Inc 

182

Source: USCIS. Petitions approved for initial beneficiaries in FY 2009

Conclusion

Although India-based companies have populated the top 10 list among largest users of H-1B visas, they do not use the majority of the visas each year. A tabulation of India-based companies has found their numbers have declined significantly since FY 2006. As often the only practical way to hire a skilled foreign national to work long-term in the United States, we can be sure employers of all types will continue to use H-1B visas.

Winning the Future Together

The global ascendance of India as an economic power, technology hub and a source of professional talent will create major opportunities for Indian and multinational businesses alike. But this development has also injected a not-insignificant measure of zero-sum thinking into US-India economic affairs, especially in the area of human capital. These contradictory themes are a growing source of irritation, but if managed smartly could also be a good opportunity for advancing the bilateral relationship.

These contradictions have been in full view in recent months. Last year saw the rise of a populist anti-India backlash as Americans increasingly blamed the country for their economic hardships. Election campaigns trafficked in the outsourcing issue, Congress enacted heavy India-specific fee hikes on the H-1B temporary visa program for skilled foreign workers, and President Obama called for tightening tax penalties on corporate outsourcing in language that pitted U.S. prosperity against that of India’s.

Yet when Mr. Obama arrived in India for a state visit last November, his rhetoric markedly shifted. The country was now portrayed as an economic opportunity too golden to pass up; indeed, the main purpose of his visit seemed to be securing as many commercial deals for American companies as possible. In an address to Indian corporate leaders in Mumbai, he emphasized that “in our interconnected world, increased commerce between the United States and India can be and will be a win-win proposition for both nations. I realize that for some, this truth may not be readily apparent.” For good measure, he added that “there still exists a caricature of India as a land of call centers and back offices that cost American jobs. But these old stereotypes, these old concerns ignore today’s reality.”

The antinomies of the bilateral economic relationship similarly were on display in Obama’s State of the Union address in January. He cited the growth of science and technology capacity in China and India as a threat to America’s competitive edge, while also acknowledging that continued U.S. prosperity requires greater access to the human capital originating from both countries. The success of U.S. enterprises engaged in the advanced technology sectors Mr. Obama identified in his address as key to “winning the future” will increasingly depend on access to the global reservoir of skilled professionals, of which India is a major contributor. The president admitted as much when he criticized the self-defeating nature of U.S. immigration policy: “[Students] come here from abroad to study in our colleges and universities.  But as soon as they obtain advanced degrees, we send them back home to compete against us.  It makes no sense.”

The President has regularly sounded off on this latter theme, most recently in a series of events over the last month aimed at reviving the issue of immigration reform.  In a speech in El Paso earlier this month, for example, he noted that:

[W]e provide students from around the world with visas to get engineering and computer science degrees at our top universities. But our laws discourage them from using those skills to start a business or power a new industry right here in the United States. So instead of training entrepreneurs to create jobs in America, we train them to create jobs for our competition. That makes no sense. In a global marketplace, we need all the talent we can get – not just to benefit those individuals, but because their contributions will benefit all Americans.

The President added that “We don’t want the next Intel or Google to be created in China or India. We want those companies and jobs to take root in America.”*

Obama’s remarks picks up a proposal he made during the last presidential campaign to create a “fast track” mechanism allowing foreign students with advanced technical degrees from U.S. institutions to receive an employment-based visa. At present, 20,000 H-1B visas are reserved for such graduates – many of whom are Indian – though demand greatly eclipses this number.

Although immigration policy remains a hotly-contested issue, the adverse consequences of limiting U.S. access to foreign-born skilled labor are widely acknowledged. New York Mayor Michael Bloomberg, for example, is at the head of a broad group of civic and business leaders calling for a job-creation strategy based on visa reform.

The United States has been able to maintain its global preeminence in no small part due to the influx of foreign science and engineering professionals and graduate students. Immigrants comprise nearly half of the science and engineering workforce holding PhD degrees. High-skilled immigrants are a significant driving force of American prosperity and innovation, most famously in building the information technology industry.  Research indicates, for instance, that Indian immigrant entrepreneurs play a leading role in founding some of the most dynamic high-tech companies. Studies also point to the valuable entrepreneurial streak immigrants possess: They are 30 percent more likely to form new businesses than native-born Americans, and foreign-born university graduates are some three-times more likely to file patent applications than US-born citizens.

Foreign-born scientific and engineering talent – particularly Indian – is an important pillar of the faculties in America’s top universities. And foreign students earn the majority of engineering doctoral degrees awarded by U.S. universities, and of this number a large percentage opt to remain in the country for some period of time. Their presence, along with other high-skilled immigrants, has helped the U.S. technology workforce expand at a faster rate than the United States is graduating native-born scientists and engineers.

America’s dependence on foreign-born technology professionals will shortly become all the greater. Since younger native-born workers tend to lack the skill levels of their baby boomer parents now nearing retirement age, the United States could face broad and substantial skill shortages in the coming decade. Thus, the United States should be promoting greater access to the global talent pool, and India is a good place to start.

With India a major source of high-skill professionals and the U.S. needing to draw on foreign talent to fortify its own science and engineering workforce, both countries have a keen mutual interest in cooperating in the area of human capital, the most critical resource in the dawning global innovation economy. To this end, Washington and New Delhi should conclude a bilateral agreement guaranteeing a set number of temporary work visas for high-skill Indian professionals. The United States has crafted bilateral agreements with a select number of other countries that could serve as a template, including the TN temporary visa program (created via the North American Free Trade Agreement) that exempts qualified Canadian and Mexican professionals from the annual quota on H-1B work permits.

Admittedly, important constituencies in both countries regard the global talent pool as a zero-sum equation.  In the United States, some argue that increased mobility of foreign high-skill workers will displace or depress wages of native professionals. The empirical evidence, however, suggests that greater numbers of talented immigrants actually supports job creation in the United States and that immigrant entrepreneurs complement rather than crowd out native-born counterparts.

India likewise would stand to benefit from the increased mobility of its technology professionals. Instead of causing “brain drain,” the global innovation economy is actually generating “brain circulation” or a “brain chain,” in which expatriate talent returns home with acquired capital, skills and knowledge, as well as personal links to transnational entrepreneurial and technological networks. Obviously, some of the high-skill Indians who benefit from the bilateral immigration accord will choose to remain permanently in the United States, though they would in time contribute a significant stream of remittance income and serve an important bridging function between Indian innovators and entrepreneurs and those in other countries.  But others, empowered by new ideas and experiences, will return in time and play a direct role in the nation’s development; indeed, this process is already underway (see here and here).

The United States and India are prime constituents in the brain circulation process. Far from seeing access to the global talent pool as a competitive proposition, the interdependency of their skills base requires them to act in a cooperative, synergistic way. Doing so not only makes sound economic sense for both countries, but would also strengthen the foundation of US-India relations.

* Ironically, as Mr. Obama was uttering these words, the Indian science minister was lamenting that the country’s lack of innovation infrastructure keeps India from producing companies like Google and Blackberry.