Children Holding H-4 Visas Worry About Their Fate

A backlog of green cards is causing more than just headaches and long wait times; it’s causing some children to question their future in the United States. Children of highly skilled workers holding H-1B visas are aging out before their parents’ green card request is being filled. Turning 21 means that these children are no longer eligible for H-4 dependent visas and are faced with deportation back to India or applying for an F-1 student visa and hoping their new visa is accepted in time. Many of these children had lived in the United States since they were toddlers and feel that they have adopted the US as their home country, now they feel that they are left in limbo, and their dreams are being put on hold.

There are currently little legislative proposals in place for these ‘legal dreamers’, but groups such as the Skilled Immigrants in America (SIIA) are spending time trying to get the ball rolling by speaking with lawmakers on both sides. They spoke with over 150 representatives according to one source. The SIIA website is full of scanned copies of handwritten letters to representatives and senators written by children and young adults who could be affected by the aging out process one day. These letters ask representatives to not forget about them and how these children came to the United States legally with their highly-skilled parents who pay taxes. The letters tell the story of how these children have come to call the United States their home, speak about their hobbies and achievements, and explains what they want to be when they grow up; many of them want to be doctors and engineers to give back to the country that has raised them.

Representative Ro Khanna of California, who USINPAC is currently trying to reach out to, issued a petition supported by the Shah Peerally Law Group PC that called on the government to “extend the H-4 visa time for H-1B dependent children beyond 21” as well as “to all them [H-1B dependent children] to benefit from the application of adjustment of status through their parents under the Child Status Protection Act.” Currently, the petition is available to sign on change.org and has 1,730 signatures out of its 2,500 signature goal. Through the Child Status Protection Act an individual could still be classified as a child even if they are over the age of 21 and if they had aged out of the green card process due to extensive processing time. Currently, though, the delay for green cards is not due to processing time, but the backlog of people of Indian origin waiting for green cards. The problem for Indians waiting for green cards in the bottleneck that is happening rather than extensive processing times. There are a huge pool of people applying for green cards, but relatively few slots available for them each year.

Highly-skilled Indian immigrants can expect wait times up to 70 years to receive green cards and permanent residency because of the country cap that is currently in place. This cap states that each country, no matter the size or population of the country, to be issued only 7% of the 140,000 employment-based green cards given out. If a country fills it’s 5,000 applicant slots, there are no more applicants allowed, and if a country does not fill all of its slots, then those green cards are not used. By allowing unused green card slots to roll over to use in overflow areas, we could alleviate the backlog of highly-skilled Indian workers who are already within the United States and prevent the problem of children aging out before receiving their permanent residency. This solution allows for these children to continue a path of success from the country that they had always called home. Currently, though, there are no policies being discussed to help those children affected by the H-1B visa backlog.

USINPAC will be hosting a panel about the current green card backlog next month where they will discuss ways to relive the backlog. If you would like to write to your representative, you can start by finding your representative on our website. Please click the ‘FIND YOUR REPRESENTATIVE’ tab on the home screen, and on the drop down menu select the Senators/Representatives tab. From there you can select your state or search alphabetically.

USINPAC Congratulates Indian American Members of Congress for winning California Primaries

Defence

Indian-American Congressmen Ami Bera and Ro Khanna won their respective primaries in California and will run for Congressional seats for the U.S. House of Representatives in elections to be held in November 2018. USINPAC has supported both candidates in the past and continues to extend support that is significant to the candidates and for the Indian American community.

Three-time Congressman Ami Bera from the 7th Congressional District of California received more than 51 percent of the votes in the open primary. His nearest rival, Andrew Grant from the Republican Party, received only 32.9 percent of the votes. “Dr. Ami Bera is humbled by the overwhelming support in his primary victory last night, and it is a testament to the real results he’s achieved for California’s 7th Congressional District,” his campaign manager said.

Congressman Khanna, who entered the U.S. House of Representatives for the first time in 2017, received an overwhelming 58.9 percent of the votes in the open primary for the 17th Congressional District of California. His nearest rival Ron Cohen from the Republican Party received 25 per cent of the votes.

In California, the top two candidates in a district irrespective of their party affiliation in the open primary head for the general elections.

Defence

Both Bera and Khanna, who represent different areas of Silicon Valley, are expected to win their House races in November. On behalf of the Indian American community, USINPAC congratulates Mr. Bera and Mr. Khanna on their victories in the primaries and looks forward to their wins in the 2018 midterm elections this November.

The three other Indian-Americans – Hirsh Singh, Goutam Jois, and Peter Jacob — who were running for the U.S. Congress from New Jersey lost their Congressional bids at the primary level.

Buttressing U.S. – India Relations

Defence
For too long, the U.S. has been going from crisis to crisis: Iran, North Korea, and Syria. Because India is a large, stable democracy, there is sometimes a sense that the U.S. can buttress relations with India, later, after the “crisis of the moment” is over. That’s not good enough. We need a broad-based partnership that should be viewed and built in the context of U.S.-Asia Pacific relations. Why?

According to the United States Pacific Command (USPACOM), “There are few regions as culturally, socially, economically, and geopolitically diverse as the Asia-Pacific. The 36 nations comprising the Asia-Pacific region are home to more than 50% of the world’s population, 3,000 different languages, several of the world’s largest militaries, and five nations allied with the U.S. through mutual defense treaties. Two of the three [now top three] largest economies are located in the Asia-Pacific, along with ten of the fourteen smallest. The [Asia-Pacific region] includes the most populous nation in the world, the largest democracy, and the largest Muslim-majority nation. More than one-third of Asia-Pacific nations are smaller, island nations, including the smallest republic in the world and the smallest nation in Asia…. The region is a vital driver of the global economy and includes the world’s busiest international sea lanes and nine of the ten largest ports. The Asia-Pacific is also a heavily militarized region…. Given these conditions, the strategic complexity facing the region is unique.”

“Unique” is an understatement, which is why we need to deepen U.S.-India relations in a more thoughtful way. While protection of intellectual copyright, human rights, religious freedom, high tariff rates and localization barriers are very important, Congress should not use these issues to divide us. The U.S. and India have shared interests, and our shared interests should take center stage – at home and abroad. Whatever differences there are between us, India is the world’s largest democracy. America is the oldest. Democracy ought to be the glue that forges us. As Sir Winston Churchill once said, “Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except all those other forms that have been tried from time to time.”

The same can be said of the U.S.-India relationship. No one pretends that it is perfect. But it just might exceed our expectations if we reshape our thoughts and actions. And so, in a new series of postings, this blog will put forth step-by-step ways about how we can buttress our relationship beyond security-related posturing, though security is and should be an essential component of our partnership. So should a U.S.-India Investment treaty and sensible dialogue on people mobility. Our partnership has the potential to influence regional and global policy-making, and it’s high-time we make a hard push for a special relationship between the U.S. and India.

US Passes Defence Budget- A new step towards stronger India ties

DefenceAs both the United States and India look forward to strengthening their defense partnership, the recent passage of the American defense budget is a clear step in the right direction. Congressman Ami Bera (D-CA), one of the five Indian-American members of Congress, attached an amendment to the budget that addresses the strategic alliance between the two nations. While the amendment does not specifically allocate any of the defense budget, which totals over $621 billion, it does set a 180 day deadline for the development of a strategy that will advance the U.S.-India defense partnership. The amendment requires that the Department of Defense and the Department of State work together to form this strategy. The passage of this amendment is a concrete action by Congress that shows that representatives value strong bilateral relations with India and recognize the mutually beneficial nature of the relationship.

Furthermore, the addition of this amendment displays the importance of Indian-American representation in Congress. Indian-American representatives that advocate for the community, like Congressman Bera, help ensure that the needs of Indian-Americans are properly represented and that the community remains visible to the American population as a whole. As the National Defense Authorization Act (NDAA) moves to the Senate, it is exciting that Senator Kamala Harris, the first Indian-American senator, will be able to represent the Indian-American community, as well.

Ultimately, the United States-India defense partnership is key to maintaining geopolitical stability in Asia and across the entire world. Especially after the successful visit by Prime Minister Narendra Modi to the White House in late June, it is integral that bilateral relations progress at a swift pace. Fortunately, there are many indicators U.S. government seems to be enthusiastically working with India to accomplish this task. On July 14th, the U.S Department of Defense published an article titled “U.S.-India Defense Relationship on Positive Trajectory, DoD Official Says,” which discusses the recent selling of both manned and unmanned American aircraft to India. Additionally, the article highlights the productive meeting between U.S. Defense Secretary Jim Mattis and Prime Minister Modi. All in all, the increased focus on the relationship between the United States and India over the last month demonstrates that the American public views India as a critical ally, and that both nations are excited to advance their partnership.

Thoughts on the Upcoming Modi-Trump Meeting

MT2PM Modi is arriving in Washington, D.C. on June 25 for his first face-to-face meeting with President Trump. There is some concern over how this meeting will go given the fact that Trump singled out India and China’s environmental practices as one of the reasons for exiting the Paris Climate Change Accord. He also has had his ups and downs with foreign leaders. My sense is that Modi and Trump will get along fine. Modi built a strong relationship with President Obama despite the administration banning him from visiting the U.S. when he was Chief Minister of Gujarat. Modi is a pragmatist and decided to move forward versus holding a grudge. Expectations are that he will apply the same pragmatism during his upcoming visit.

Following are my top five suggestions for PM Modi as he embarks on fostering a good relationship with President Trump:

Talk about defense contracts: India is a top buyer of U.S. defense equipment so engage the President on past and future deals. Recall how the arms deal with Saudi Arabia was considered a big win.

  1. Offer assistance to reduce prescription drug costs in the U.S.: India is a low cost provider of generic medicine to the U.S. This puts India in a good spot to encourage more deals that reduce cost given Trump’s focus on healthcare policy.
  2. Point out that Indian companies have contributed to jobs in U.S.: Discuss how Infosys and other companies have recently created 10,000 jobs here. Remember it’s all about jobs, jobs and more jobs!
  3. Do not bring up H1b: President Trump was elected on the premise of offering Americans available jobs before those on a visa. Domestic politics usually takes precedent over geopolitical considerations.
  4. Do not bring up the Climate Change Agreement: Trump is not going to change his mind about exiting the Paris Climate Accord anyway. It’s a done deal and a promise he made during the campaign.

Modi’s visit is supposed to be low key but can be leveraged nicely as he’ll see President Trump again soon at the G20 Summit. Best wishes for a good dialogue!