Rice’s Revelations and Omission

Condoleezza Rice’s new memoirs contain some interesting details about recent crises in India-Pakistan relations.  But her silence on the peace process they undertook in 2004-07 is unfortunate. 

 

The disclosures about the landmark U.S.-India nuclear cooperation accord that are contained in Condoleezza Rice’s new memoirs of her service in the Bush administration, No Higher Honor, have been widely reported. Less noticed are the interesting nuggets about two signal episodes in the recent arc of India-Pakistan relations. The first is the egregious assault upon the Indian parliament while it was in session by Pakistan-based jihadi groups in December 2001, which in turn precipitated a serious military confrontation that lasted for most of 2002. The second is the spectacular November 2008 terrorist strike in Mumbai that is often regarded as “India’s 9/11.”

The 2001-02 standoff was the first nuclear crisis of the 21st century. Prime Minister A.B. Vajpayee’s Bharatiya Janata Party government came under tremendous domestic political pressure to respond forcefully to the attack. A similar assault two months earlier on the Kashmir state assembly had caused him to warn the United States that India would be forced to take matters into its own hands if Washington could not convince Islamabad to keep in check terrorist groups operating out of Pakistan. He termed the December attack “the most dangerous challenge so far to India’s national security” and vowed that “we will fight a decisive battle to the end.”

To back up its demands that Islamabad crack down on the militants, India went on a vast war footing, including deploying three strike corps along the border with Pakistan, which reacted with a massive counter-mobilization. In short order, some one million soldiers were arrayed in combat readiness posts on both sides of the border.

Rice recounts that the Bush administration had a difficult time assessing the likelihood of war. The Pentagon believed Indian military moves were to be expected and did not by themselves indicate that an attack was imminent. The CIA, however, concluded that Indian retaliation was inevitable. Washington also received reports that New Delhi was moving nuclear-capable Prithvi ballistic missiles to the border area. Rice recounts that in the closing days of 2001 Brajesh Mishra, Vajpayee’s national security adviser, told her that war fever was rising in the Indian government.

Following diplomatic interventions orchestrated by Washington and London, the standoff seemed to be winding down when a terrorist attack on an Indian army base in Kashmir in May 2002 re-inflamed passions. Vajpayee thereafter traveled to the Line of Control in Kashmir where he chillingly instructed Indian troops “to be ready for sacrifice. Your goal should be victory. It’s time to fight a decisive battle. We’ll write a new chapter of victory.” Concerned that tensions were reaching a boiling point, Washington and London evacuated their embassies in New Delhi (though curiously the U.S. embassy in Islamabad was not vacated).

At this point, according to Rice, Mishra urgently called her to say that “I cannot contain the war lobby without some help.” She adds:

Making it clear that he was acting on his own, he asked that the President [George W Bush] make a statement, which he [Mishra] could use internally to try to hold the line.

Acceding to this request, Bush issued a public statement calling on President Pervez Musharraf to do more to rein in militants and then telephoned the Pakistani leader to underscore the message. Following renewed U.S. diplomatic intervention, tensions abated significantly by the summer months and the crisis concluded anticlimactically by October.

Were New Delhi and Islamabad actually on the precipice of war? Much remains unknown about Indian decisionmaking in the crisis. Rice chalks up the reduction of tensions “to the good work of Brajesh Mishra.” Yet not all Indian leaders believed war was imminent. Foreign Minister Jaswant Singh, for example, has denied that New Delhi was actively contemplating offensive military operations.

Moreover, the window of opportunity for Indian action rapidly closed after January 2002 as Pakistan quickly repositioned forces that were guarding the border with Afghanistan to shore up its eastern flank. For all of the heated rhetoric caused by the May 2002 terrorist attack in Kashmir, senior Indian military officers apparently realized that the likelihood of battlefield success had markedly declined in the intervening months.

The Mumbai terrorist strike that took place in the fall of 2008 was more horrific and brazen than the one that sparked the 2001-02 crisis. In the intervening years, the Indian army had unveiled the Cold Start doctrine which aims to deter Pakistani support for attacks like the one in Mumbai by threatening swift and forceful military retaliation.

Rice states that Washington feared that the doctrine would be implemented in the aftermath of the Mumbai attacks. According to her, the U.S. ambassador in New Delhi, David Mulford, reported that “there is war fever here. I don’t know if the prime minister can hold out.” Asif Ali Zardari’s fledgling civilian government in Islamabad was also spooked by a hard-hitting telephone conversation Pranab Mukherjee, then serving as Indian foreign minister, had with his Pakistani opposite number. Alarmed that India is on the warpath, Islamabad frantically began calling on China, Saudi Arabia and the Gulf Emirates for diplomatic support.

Worry also started to gnaw at Rice when Mukherjee proved hard to reach by phone. She writes: “Is he avoiding my call because they are preparing for war? I wondered. It still didn’t make sense, but it was India and Pakistan, and anything could happen.” When the Indian at last returned her call, he is taken aback by Pakistan’s frenzy. He is in his parliamentary district campaigning for upcoming elections, he explains. “Would I be outside New Delhi if we were about to launch a war?”

A central question in the Mumbai episode is why New Delhi reacted with what can only be described as remarkable forbearance instead of renewed military confrontation as in 2001-02 or with the retaliatory offensives envisioned in the Cold Start doctrine. Rice attributes the quiescence to Prime Minister Manmohan Singh’s determination to avoid war. Indeed, some analysts have observed that compared to Vajpayee’s BJP government that controlled decisionmaking in the 2001-02 crisis, Singh’s Congress Party is more reflective of the preference for military restraint over risk-taking that is ingrained in Indian strategic culture. While the Cold Start doctrine was promulgated during the BJP’s tenure in power, the succeeding Congress government has taken pains to distance itself from the concept.

But more seems to have been at work than just party ideology. For all the effort on Cold Start, Indian military leaders reportedly told the government after Mumbai that the armed forces were ill-prepared to go to war. Indeed, in a February 2010 cable to the State Department, Timothy Roemer, the U.S. ambassador in New Delhi, assessed that the strategy “may never be put to use on a battlefield because of substantial and serious resource constraints.”

Rice notes that she became fatigued by the crisis-prone nature of India-Pakistan relations. So it is even more striking that she omits all but fleeting mention of the intensive back-channel peace process New Delhi and Islamabad undertook in 2004-07. Although the negotiations ultimately collapsed in the face of Musharraf’s domestic political problems, they may have come tantalizing close to defusing the perennially-inflamed dispute over Kashmir.

Rice’s silence is unfortunate. The talks are a significant counterpoint to arguments that the nuclearization process in South Asia has only served to foment greater tension and conflict. And they may also hold relevant lessons for the peace dialogue the two governments are currently embarked upon.

America Lacks An Immigrant Entrepreneur Visa

It would surprise many people that there really is no good way for a foreign national from India or elsewhere to gain permanent residence (a green card) by starting a new company. In fact, it is difficult to even gain a temporary visa as the founder of a new business.

EB-5 Is Not a True Immigrant Entrepreneur Visa

The closest America has today to an immigrant entrepreneur visa is the EB-5 (employment-based fifth preference) immigrant investor visa. The immigrant investor visa became part of the Immigration and Nationality Act in 1990. To receive such a visa, which awards permanent residence (a green card), an individual must invest either $1 million or $500,000 (if in a Regional Center) and create at least 10 jobs. “Approximately 90 to 95 percent of individual Form I-526 petitions filed each year are filed by Alien Investors who are investing in Regional Center-affiliated commercial enterprises,” according to U.S. Citizenship and Immigration Services. While it is clear attracting capital to the United States is positive, EB-5 primarily helps existing projects, rather than facilitates or rewards startup activity.

In addition, Congress and agency regulations have not made it easy for potential immigrant investor visa holders. This is one reason the EB-5 category has never come close to utilizing fully the 10,000 allocation of immigrant visas available under the statute.

American Tradition Favors Establishing an Entrepreneur Visa

While there is no reason to eliminate the immigrant investor visa category – and, in fact, there is a strong case to be made for streamlining its requirements to making it more accessible to potential investors – it goes against America’s tradition to reward cash investments but not entrepreneurial talent in U.S. immigration law. For a long time, the United States favored talent and hard work over cash. An entire genre of literature, the Horatio Alger stories, featured rags to riches heroes. The stories of many of today’s immigrants who become successful entrepreneurs illustrate that talent is a better indicator of success than a healthy bank balance.

Bills in Congress

A number of bills in Congress have been introduced that would establish an immigrant entrepreneur visa. The Startup Act (S. 1965), introduced by Senators Jerry Moran (R-KS) and Mark Warner (D-VA), would create a new green card category for entrepreneurs, focusing on highly-skilled foreign nationals with an existing tie to the United States. The bill “creates a new visa for up to 75,000 immigrant entrepreneurs who hold an H-1B visa or have completed graduate level work in a STEM [science, technology, engineering and math] field, and who during the 1-year period after the new visa is issued register at least one new business entity which employs at least two full-time, non-family member employees, and invests or raises capital investments of at least $100,000,” according to a summary of the legislation provided by the bill’s authors. “If these requirements are satisfied, the entrepreneur would have three additional years to remain in the U.S. and operate his or her business. During the three-year period, the entrepreneur must employ at least five, full-time, non-family members for the business entity. At the end of the three years, a recipient may apply to remove the conditional status.”

The Startup Visa Act of 2011 (S. 565), introduced by Senators John Kerry (D-MA) and Richard Lugar (R-IN), would make an immigrant visa available to a foreign national who raises at least $100,000 from a “qualified venture capitalist, a qualified super angel investor, or a qualified government entity” and creates five full time jobs in the United States (other than for a spouse, son or daughter), raises $500,000 in capital investment, or has an unexpired H-1B visa or a graduate degree in a STEM field from a U.S. university and attracts $20,000 in investment from a qualified investor and creates at least three jobs and generates revenue, or raises capital of, $100,000 within two years.

Legislation by Rep. Zoe Lofgren (D-CA), H.R. 2161 (The IDEA Act) contains similar provisions on establishing an immigrant entrepreneur visa to those contained in S. 565 and S. 1965. However, it also contains a section that eschews capital requirements and enables a foreign-born entrepreneur to receive an immigrant visa if he or she creates 10 or more full-time U.S. jobs within two years, without regard to the amount of outside capital raised.

It is unclear whether Congress will act on any of these bills. Legislative measures that place less emphasis on the amount of capital a foreign national invests or raises fit best within the American tradition of entrepreneurship. It also conforms to today’s reality of how businesses get started. Giving foreign nationals who start new companies deserve an opportunity to follow through on their dreams and, in the process, create jobs and wealth in America.

Understanding the Potentially Decades-Long Waits for Indian Professionals in the Most Common Employment-Based Green Card Category

Today, hundreds of thousands of highly skilled foreign nationals, particularly Indians, are languishing in immigration backlogs, waiting years for the chance to obtain permanent residence (also known as a green card). The lack of employment-based green cards harms the competitiveness of U.S. employers and exacts a large personal toll on those who must wait.

Understanding the Indian Green Card Backlog

The long waits for employment-based green cards are caused by two primary factors. First, the 140,000 annual quota is too low to accommodate the number of skilled foreign nationals able to be absorbed successfully in an economy the size of America’s. The 140,000 annual limit includes both the principal and dependent family members. For example, in 2009, dependents utilized more than half of the slots for employment-based visas – 76,935 of 140,903.

In addition to the 140,000 overall annual limit on employment-based green cards, there is also a per country limit, which has a disparate impact on immigrants from countries with a large population of highly educated professionals, particularly India and China. The Immigration and Nationality Act, in Section 202(a), details the per country limit: “[T]he total number of immigrant visas made available to natives of any single foreign state . . . may not exceed 7 percent . . . of the total number of such visas made available under such subsections in that fiscal year.” That would limit employment-based immigrants from one country to approximately 10,000 a year (out of the 140,000 quota), although another provision permits nationals of a country to exceed this ceiling if additional employment-based visas are available. Still, in general, in the most common employment-based category, fewer than 3,000 Indians per year can immigrate.

The Indian Backlog in the Employment-Based Third Preference (EB-3)

The reason Indian nationals will continue to wait a long time for employment-based green cards in the employment-based third preference (EB-3), the most common employment category, is the demand for their labor combined with the per country limit has created a large Indian backlog.

The backlog of Indians in the employment-based third preference could be as large as 210,000. One can estimate the backlog of Indians in the EB-3 category from available data. Earlier in 2010, the U.S. Department of State listed 49,850 Indians on the waiting list in the third preference category with a priority date prior to January 1, 2007. Priority dates normally coincide with the filing of a petition or of labor certification, an early stage in the employment-based green card process. However, that 49,850 figure does not include all the cases at various stages in the process at U.S. Citizenship and Immigration Services with a priority date prior to January 1, 2007. Rounding that figure upwards would get to at least 60,000 (and it could be higher).

To reach another 150,000 Indians for fiscal years 2007 through 2011 requires only about 15,000 individual Indian professionals sponsored for green cards each year for 5 years, with each averaging one dependent, another 15,000, for a total of 30,000 a year for 5 years or 150,000. To illustrate why an estimate of at least 15,000 Indians sponsored for green cards annually in EB-3 is reasonable, consider that 61,739 new H-1B petitions (for initial employment) were approved for Indians in FY 2008, and 33,961 Indians were approved for new H-1B petitions in FY 2009. A large proportion of H-1B visa holders are sponsored for green cards. In addition, employers frequently sponsor for green cards skilled foreign nationals already inside the country in another temporary status, such as L-1 (for intracompany transferees). Attorneys estimate 20 percent of those waiting for employment-based green cards are in a status other than H-1B.

Backlog is Large and Few Are Removed From Backlog Each Year

With no change to current law, an Indian-born professional sponsored today could wait decades for an employment-based green card. Due to the per country limit, generally no more than 2,800 Indians can receive permanent residence in the EB-3 category each year. Indians averaged fewer than 3,000 green cards annually in that category in 2009 and 2010, according to U.S. Citizenship and Immigration Services.

If, as discussed above, the potential backlog in the EB-3 category is 210,000 for Indians (principals and dependents) and 3,000 or fewer Indians can receive permanent residence in the category each year, then that means the theoretical wait for Indian professionals sponsored today in EB-3 is 70 years.

Nobody Will Wait 70 Years for a Green Card

In practice, no one can wait 70 years for a green card. That holds important implications for whether highly skilled foreign nationals from India will be able to stay long-term in the United States without changes to the law. Foreign nationals would have concerns that children included as part of the immigration petition would “age out” and not be allowed to become permanent residents. Moreover, generally speaking, spouses are not able to work. The numbers provide an illustration of how long the waits for permanent residence could be absent action by Congress. Eliminating the per country limit for employment-based green cards and raising the quotas for skilled immigrants will have a significant impact on reducing the time Indians wait for green cards.

Systemic Weaknesses in India’s Counter-terrorism Policy

While the year gone by has not seen a major terrorist attack, systemic weaknesses in India’s counter-terrorism policy are continuing to hamper its successful execution. Though recent terrorist strikes have been sporadic and have been spaced out in time, the overall impression that has been created is that of an unstable internal security environment in which the initiative lies with the terrorist organisations and they are able to strike at will. The government needs to review its largely reactive policies and adopt pro-active measures to fight terrorism, particularly the variety that emanates from the soil of inimical neighbouring countries.

A democratically elected government ultimately has to reflect the will of the people in its policies. However, the “Panipat Syndrome” appears to have been deeply ingrained into the Indian psyche, in that the leaders and the bureaucracy react only when the tiger is already at the doorstep. What is needed is a coordinated approach, with all organs of the state coming together to formulate and implement a national-level counter-terrorism strategy to fight terrorism. The government must draw up a comprehensive strategy that is inter-ministerial, inter-agency and inter-departmental in character. Such a strategy must also balance the interests of the Central and the State governments.

India’s response to the Mumbai terror attacks in November 2008 was slow and laborious and poorly coordinated among the Central and the State governments and their various agencies. Coastal security was virtually non-existent; the Marine Police were too few in number to effectively patrol the vast area entrusted to them; they were ill-equipped and inadequately trained; and, there was poor coordination between the Coast Guard and the Marine Police. It took far too long to begin flushing out operations and then to eliminate the nine terrorists who were holed up at three separate locations.

Counter-terrorism policy must hinge around strong laws to fight terrorism. India’s experiments with POTA, TADA and UAPA have failed to deliver the desired results. Laws must be just and humane, but must not be designed to either be vindictive towards or shield any particular community or religious denomination. The experience of many other countries has proved that it is possible to formulate strong yet egalitarian counter-terrorism laws. The U.S. established a strong Department of Homeland Security and there has not been a major terrorist attack since 9/11.

One major source of the lack of a coordinated approach is the gross disconnect between how the Central and the State governments view counter-terrorism. The Constitution must be amended to move “law and order” from the State List to the Concurrent List so that the Central Government can act on its own initiative when necessary, particularly in the case of externally-sponsored terrorism. And, it is time the government bifurcated the internal security function of the Ministry of Home Affairs into a separate ministry headed by a cabinet minister.

Besides prevention through accurate ‘humint’ and ‘techint’ intelligence gathering, successful counter-terrorism requires the effective intelligence penetration of terrorist groups so that their leadership can be systematically neutralised by an empowered anti-terrorism agency. More comprehensive planning and better stage management are necessary for the quick elimination of a group of terrorists while they are on a killing spree. Post-incident investigation is aimed at unraveling the identities of the planners and the plotters and bringing to justice the perpetrators of the incident of terrorism. The National Investigation Agency (NIA) should have been modeled on the U.S. FBI to give it both preventive and investigative powers. The NIA needs to be reconstituted as it lacks teeth in its present form.

India’s intelligence coordination and assessment apparatus at the national level remains mired in the days of innocence. The NATGRID (National Intelligence Grid) and the NCTC (National Counter-terrorism Centre), which were announced by Home Minister Chidambaram with so much fanfare over two years ago, are yet to take off. It was reported recently that the three-member committee headed by the NSA and appointed to deliberate upon the organisation and the executive powers of the NCTC and its links with the NATGRID and the existing Multi-Agency Centre (MAC) has submitted its recommendations. These must be taken up on priority by the Cabinet Committee on Security.

Finally, the government must seriously consider enlarging the scope of its counter-terrorism policy to covertly eliminate the leaders of terrorist organisations abroad who are sponsoring terrorism in India. Unless the problem is addressed at its roots, the solution will remain beyond the grasp of the government.

New Survey: Indian Graduate Student Enrollment in U.S. Not Growing, While Enrollment from China Grows Rapidly

An overlooked development is that Indian student enrollment at U.S. graduate schools has not been growing over the past four years. At the same time, Chinese student enrollment has been skyrocketing. This is the conclusion of the latest survey of U.S. graduate school programs by the Council of Graduate Schools. (Find the survey here.)

Nathan Bell, director of research and policy analysis at the Council of Graduate Schools, authored the report. Bell found, “Offers of admission to prospective graduate students from China increased 21% in 2011 following a 15% gain in 2010 and a 17% gain in 2009; this is the sixth consecutive year of double-digit growth. Offers of admission to prospective graduate students from the Middle East & Turkey increased 16% in 2011 following a 10% gain in 2010 and a 14% gain in 2009. Offers of admission to prospective graduate students from India rose 2% in 2011, the first increase to occur for students from India since 2007. This year’s 2% increase follows a 5% decline in 2010 and a 14% drop in 2009. Offers of admission to prospective graduate students from South Korea fell 2% in 2011, marking the fifth consecutive year of declines. The most recent declines for South Korea were a 7% decrease in 2010 and a 14% drop in 2009.”

Indian Student Graduate Admission Falling

However, the 2 percent rise in first-time graduate enrollment in the U.S. by Indian students from 2010 to 2011 India masked a longer-term trend. From 2007 to 2008, Indian student enrollment fell by 2 percent. From 2008 to 2009, first-time graduate enrollment from India fell again by 16 percent. Then, from 2009 to 2010, Indian student first-time graduate enrollment declined by 3 percent. Finally, from 2010 to 2011, it increased by 3 percent.

Change in Indian Student First-Time Graduate Enrollment in U.S.

2007 to 2008  -2%

2008 to 2009  -16%

2009 to 2010  -3%

2010 to 2011  +3%

 

Chinese Student Graduate Admission Rising

At the same time Indian student enrollment at U.S. graduate schools has been falling (or at least growing little in 2010 to 2011), Chinese student enrollment has increased significantly. From 2007 to 2008, Chinese graduate student enrollment in the United States rose by 14 percent. From 2008 to 2009, first-time graduate enrollment from China increased by 16 percent. From 2009 to 2010, Chinese student first-time graduate enrollment rose by 20 percent. And for 2010 to 2011 it rose again, by 21 percent.

Change in Chinese Student First-Time Graduate Enrollment in U.S.

2007 to 2008  +14%

2008 to 2009  +16%

2009 to 2010  +20%

2010 to 2011  +21%

 

Conclusion

This survey of major U.S. graduate school program does not include responses from all programs. However, it is useful as a way to evaluate trends, particularly in technical fields. The survey notes, “The majority (63%) of all international graduate students at U.S. institutions are enrolled in one of three broad fields: engineering, physical & earth sciences (which includes mathematics and computer science), and business. Life sciences and social sciences & psychology also account for large numbers of international graduate students at U.S. institutions.”

The survey does not offer an opinion as to why Chinese student first-time enrollment at U.S. graduate schools has increased at the same time that Indian student enrollment has declined. It will take further examination to know if the reason is additional recruitment efforts by U.S. universities in China, economic trends in India and China, U.S. immigration policies, or other factors. Whatever the reason, a continuation of this trend could potentially have a major impact on future immigration patterns among employment-based immigrants to the United States.