Tag Archives: indian-americans

Obama’s opposition to Outsourcing: How are Indian-Americans & U.S. businesses viewing this?

There is a taste of threat in the air for some and may not be for the rest. President Obama’s opposition to outsourcing has raked enough controversy and a certain note of uncertainty seems to lurk about. He has voiced it time and again that his policy aimed at making the lives of middle-class Americans more secure; thereby ensuring that jobs were not sent overseas. His views have given rise to several perceptions among Indian-Americans.

First and foremost, a lot of individuals believe that due to President Obama’s opposition to outsourcing, several IT professionals lost their jobs in 2009. He had promised at almost eradicating the unemployment problem in the U.S., thereby providing a tax rebate to all those American firms who sought for labor and employment within the country. That was a time when people were grappling with the loss of jobs and the future seemed bleak and Obama felt the need to reinstate the U.S. as the financial superpower. However the intent of the government to recover $ 700 billion went kaput and now the end game with the elections draws close. The entire notion of this opposition to outsourcing appears ‘discriminatory’ to some.

However there are several others who think otherwise. Wipro has reiterated its presence in the U.S. having partnered and collaborated with other businesses. It holds a different view of the outsourcing controversy. Infosys believes in the same. Some have of course dismissed the outsourcing chaos as something that is mere ‘political rhetoric’ and political hogwash. Well, one has reasons to believe so and this is it. While the unemployment rate in the U.S. is at a high, the political leaders also need to ponder about the repercussions in terms of profit that American conglomerates would face if they had no outlet to outsourcing. It is about time for them to think and create and draft ideas that work towards the better of all.

L-1 Visas Issued in India Declined by 28 Percent in 2011

Given the significant and increasing ties between the US and Indian economies, it is not surprising that companies with offices in India seek to transfer personnel into the United States. However, to do so is not a simple matter, especially over the past year.

Recently, I obtained data from the State Department that show L-1 visas (used for intracompany transfers) issued by U.S. posts in India declined by 28 percent between 2010 and 2011. Yet during the same time period, L-1 visas issued at U.S. diplomatic posts in the rest of the world increased by 15 percent. (See the report here.)

L1 visas are used by companies to transfer from overseas to the United States executives, managers and professionals with “specialized knowledge.” It is believed one of the reasons for the increase in denials centers around consular officers in India adopting a new, stricter interpretation of “specialized knowledge.” Immigration law defines “specialized knowledge” as “special knowledge of the company product and its application in international markets” or “an advanced level of knowledge of processes and procedures of the company.” A company must have employed the L-1 applicant for one year or more continuously within the past 3 years.

Request for Information

On October 25, 2011, the U.S. embassy in New Delhi issued a press release with the headline, “US Mission to India Reports 24% Year-on-Year Increase in H-1B Visas Issued.” The press release stated, “The U.S. Mission to India saw H-1B (specialized skills work visa) issuances in India increase 24% between the U.S. Government’s Fiscal Year (FY) 2011 and FY 2010 . . . This 24% increase is tied to the highest ever H-1B application and issuance rates in the history of the US Mission to India, and illustrates the booming nature of US-India business relations.”

Something appeared to be missing from the press release – information on whether L1 visa issuance increased or decreased in 2011. Curiously, the press release contained only a single reference to L-1 visas, stating: “India also remains the leader in issuances of L1 (intracompany transfer) visas, issuing more than 25,000 L-1s in FY 2011 – or 37% of issuances worldwide.”

Yet without the exact figure on 2011 or the data on 2010, there would be no way of knowing what happened to L1 visas over the past year. Many companies had been reporting increased denials but hard data from the US Department of State remained elusive.

The Data on L-1 Visas

In response to a request for data, the State Department sent me the information on L1 visas issued at U.S. posts in India in 2010 and 2011, as well as L1 visas issued at other posts around the world. The results appear in Tables 1 and 2.

L1 visa data table

 Why Is India Different?

The data appear to be proof that something strange is going on in the L1 visa issuing process in India, which the State Department in the past has denied. The release of the data is likely to spur additional inquiries into why L1 visa issuance is declining in India, while in the rest of the world it is rising. Since every U.S. diplomatic post operates under the same set of laws there is so far no easy answer to the question:

Why are U.S. consular officers in India apparently denying a higher proportion of the L-1 visa applications that come to them than consular officers in other countries?

The Story of Two Immigrant Entrepreneurs

Immigrants are more likely than natives to start businesses, according to the Kauffman Foundation. “For immigrants, 530 out of 100,000 people start a business each month, compared to 280 out of 100,000 native-born people,” notes the foundation. Other studies have found a similar propensity of immigrants to start companies. However, what informs us best about remarkable immigrant entrepreneurs is not studies but the individual stories of such people. Here are the stories of two such entrepreneurs.

Nancy Chang, Taiwanese-born Co-Founder of Tanox

photos.state.gov“If you really believe in something, the best approach is to invest yourself in that idea,” said Dr. Nancy Chang, co-founder of Tanox, a biotechnology company based in Houston, Texas that was purchased by Genentech.

Not many people take undergraduate classes from one professor who is a future Nobel Prize winner (Yuan T. Lee) and another who would go on to become the nation’s prime minister. Nancy says her good fortune to learn under these teachers gave her the courage to leave Taiwan and study at Brown in 1974, barely able to speak English. On the plane ride to America she read James Watson’s book on the discovery of the double helix, which led to changing her academic focus to biology, even though she had never taken a course on the subject.

The following year, Nancy Chang became one of the first international students to attend Harvard Medical School and, she was told, the medical school’s first major entrepreneur. After Harvard, she was hired at Hoffman-La Roche on a work visa and later became director of the molecular biology group for Centocor. She also has taught at the Baylor College of Medicine and holds seven patents.

In 1986, she co-founded Tanox and served as CEO from 1990 to 2006. Starting Tanox was “part passion and dream and went against the textbook” by developing an asthma drug that focused on the allergy-related basis of asthma. At the time, this ran counter to the central belief in how asthma operated. The perseverance paid off when in June 2003, the Food and Drug Administration (FDA) approved Xolair, the first biotech product cleared for treating those with asthma related to allergies. Xolair was developed under an agreement among Tanox, Inc., Genentech, Inc., and Novartis Pharma AG.

When Tanox went public in April 2000 on the NASDAQ, it raised $244 million, which at the time was the largest biotech initial public offering. Dr. Chang said she is passionate about AIDS, since as a young researcher she worked in one of the first laboratories to confront the disease. Tanox developed TNX-355, an antibody for the treatment of HIV/AIDS. Genentech licensed TNX-355, known as Ibalizumab, to TaiMed Biologics.

“I came to the United States frightened and scared. But I found if you do well and if you have a dream you will find people in America willing to help and give you an opportunity,” said Dr. Chang. “Life is very rich. I just love this country.”

Asa Kalavade, Indian-born Co-Founder of Tatara Systems and Umber Systems

photos.state.govTwenty or so years ago, it might have been considered improbable for a young woman in India to found her own technology business. “Even when I just started studying engineering people came to my parents to talk them out of it, never mind starting my own company,” said Asa Kalavade.

Asa came to America as an international student and received a master’s and Ph.D. in electrical engineering and computer science from the University of California at Berkeley. While most people think of wireless networks and streaming as relatively new technologies, Asa has worked on these technologies for a decade and a half. Early in her career at Bell Labs, Asa invented patent-pending technologies for wireless multimedia streaming, network interfaces, and real-time multiprocessor DSP (digital signal processing) systems. She holds multiple patents.

After serving as vice president of Technology at Savos, she founded Tatara Systems along with an immigrant from China, Hong Jiang. Based in Acton, Massachusetts, the privately held Tatara Systems, which provides technology for mobile services for companies like Vodafone, employs 60 people.

After Tatara Systems, Asa became a founder and chief technology officer of Umber Systems, a mobile data analytics company based in Concord, MA. Asa’s two siblings are both in the United States working as electrical engineers. Her Indian-born husband has started his second company, Tizor Systems. “We’re serial entrepreneurs,” said Asa.

Risk Takers

 
Asa Kalavade and Nancy Chang both took risks as young women coming to study in demanding fields in a new country far from their families. Both women sought opportunity and achieved the American Dream. In achieving that dream, they also made a great difference in the lives of many Americans. That is the story of immigrants to this country.

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.)

Unused Employment Visas Contributed to Green Card Backlog

The green card backlog is significant for employment-based immigrants, particularly for professionals born in India. It’s possible the overall employment-based backlog is close to half a million people. Absent reform of the per country limits and an increase in the annual quotas it will take years – many years – to clear this backlog.

Few people realize there is a surprising cause for at least some of the backlog – unused employment visas. Since the 1990 Act, the annual quota for employment-based green cards has been 140,000. That includes both the principals and dependent family members.

However, even though the annual quota has been 140,000, that does not mean 140,000 green cards were awarded each year. Due to administrative issues within the federal government, in several years the quota was underutilized. This is detailed in the 2010 Annual Report of the U.S Citizenship and Immigration Services Ombudsman.

As Table 1 illustrates between FY 1992 and FY 2006, more than 506,000 employment-based immigrant visas went unused. The data were provided to the Ombudsman by the U.S. Department of State. In 1995, for example, there were 58,694 employment-based visas that went unused. In 1997, the number that went unused was 40,170. In 1999, the number reached 98,491. As recently as 2003, 88,482 unused visas authorized by Congress were not used due to administrative problems within the federal government.

As the table shows, of the 506,410 employment visas that went unused since the 1990 Act, only 180,039 have been recaptured via special legislation. It is likely most members of Congress do not realize this many green cards authorized by Congress have gone unused. It would take special legislation for the visas to be reauthorized. If Congress were to reauthorize the use of the remaining 300,000-plus unused visas accumulated over the years it would significantly reduce the waiting times for employment-based immigrants and give such immigrants their chance at the American Dream.

Table 1

Unused Employment-Based Visas FY 1992-FY 2009

Fiscal Year

Unused Employment Preference Numbers
1992 21,207
1993 0
1994 29,430
1995 58,694
1996 21,173
1997 40,170
1998 53,571
1999 98,491
2000 31,098
2001 5,511
2002 0
2003 88,482
2004 47,305
2005 0
2006 10,288
2007 0
2008 0
2009 0
2010 0
Total 506,410(180,039 were recaptured by special legislation)

Source: U.S. Department of State; USCIS Ombudsman,

Annual Report to Congress, June 2010, p. 35.