A longtime resident of the Bay Area, Abha Sharma suffered devastating losses from the Delta variant in India over the past two months. Sharma’s father and 40-year-old younger brother both succumbed to COVID 19. Her only surviving relative in India, her mother, Prabha Rawat, who was battling COVID, is now stuck there in a recovery hospital.
Mrs. Rawat is not aware of the deaths of her husband and son. Besides COVID, she has multiple medical conditions that need constant medical attention. The deaths of her husband and son have been withheld from her since she may not withstand the news of these losses on her own. The fear is that she may also pass away if she is not nursed back to health by her surviving family.
Sharma and her other brother, who are both in the USA, are unable to secure a visa to bring their mother here due to the freeze on the B1/B2 visas. Her brother is a US Citizen and she is a green cardholder. They are desperate to bring their mother here because she has no support in India.
The only other option is for Sharma to move to India indefinitely. That will be a huge challenge since she has two children in high school in the Bay Area.
The only hope right now is for the US State Department to issue humanitarian parole or an emergency visa issued based on these circumstances. But, embassy appointment dates are not available. Sharma and her brother are hoping that the State Department could issue their mom a visa to travel.
To this end, Sharma contacted many Congressmen/Congresswomen and Senators in many states including California Congresswoman Anna Eshoo’s office. They tried contacting the US embassy in New Delhi but the US embassy did not consider the circumstances exigent enough.
A visa application is filed but no appointments are available at the US Consulate in New Delhi. Abha has been diligently calling the US consulate every day for a month and a half for an appointment.
At this point, Abha’s situation appears to be dire with no light at the end of the tunnel.
Please sign this change.org petition appealing the State Department to provide a visa to Abha’s mom on humanitarian grounds: http://chng.it/fWPbZtrLQX
From Surabhi’s Notepad – A column that brings us personal essays and stories, frivolous and serious, inspired by real-life events and encounters of navigating the world as a young, Indian woman living outside India.
Sitting beside a window in my house in West Singapore, as I stare thoughtlessly at the view of lush green trees and a verdant Bukit Timah hill, I see a family of yellow parrots playing around enjoying the tropical weather. When we moved to this house two years ago, they were a family of two. Now, they are three- mom, dad, and baby parrot. The sight of this lovely playful family makes me nostalgic, it makes me sad. It makes me miss my family back in India even more.
Where I come from, living in a foreign country is considered fashionable and glamorous. While I don’t deny the better lifestyle and surplus savings, the fact remains that living abroad comes with its own set of challenges. You can feel displaced and lonely. With a pandemic imposing travel restrictions, it can very easily cause anxiety, stress, and even depression.
Pandemic or no pandemic, the realities of living away from the Motherland are not necessarily that glamorous and fun as portrayed in popular culture. In Yash Chopra and Karan Johar movies, we see Indians abroad in big landed homes, driving fancy cars, and living a life of luxury. What is rarely depicted in pop culture is the other side of the coin. Living away from India can take a toll on you emotionally and psychologically. The lack of a robust community support system, similar traditions, and enthusiasm for festivals and important occasions can be very alienating and daunting. However, in many parts of the world, Indians have managed to build a community for themselves.
It can take some adjustment and a lot of patience to “settle down”, especially if you are a new immigrant. One tip I can give to my readers planning on moving abroad soon is to seek help. Start looking at online forums and groups based out of the place where you are moving, connect with people, and be open to putting yourself out there.
Having some connections and being open to new relationships always helps. But in your head, be prepared. Even something as small as different weather at a given point of time of the year can take some getting used to. For example, when I moved to Singapore, initially, it took me a while to adjust to summers round-the-year as I’d grown up enjoying four lovely seasons in India.
The blind race to marry an NRI and its ugly consequences
For me, the struggles have been more on the psychological front caused by the displacement and lack of a sense of belonging. I have been lucky to have a supportive and loving husband and some great friends.
For some, unfortunately, the repercussions can be worse, even life-threatening. That is why, people, especially, women should think twice about how badly they want it and for what reasons. I know a lot of girls who specifically seek NRI husbands just for the sake of the coveted label of being foreign-settled. In this blind pursuit, sometimes, women end up marrying the wrong guy landing themselves in abusive families– sometimes they are subjected to mental torture, sometimes they are abandoned, and sometimes they even end up dead.
In a case that came to light in 2017, highly-educated and well-qualified Usha Parikh left her lucrative job in a top-drawer IT company in Ahmedabad to marry a US-based NRI engineer only to realize later that her husband was an unlettered ordinary mechanic and an alcoholic. In another case the same year, Rekha Shah, daughter of a silk-stocking Surat diamantaire, married a Singapore-based doctor and within three months, the 29-year-old pregnant woman was desperate to come back to India from the physical abuse she faced from her husband and in-laws for dowry.
In the first seven months of 2017 alone, the Indian Ministry of External Affairs received over 300 SOS complaints from Indian women stuck abroad in fraudulent marriages. According to a 2020 report, there are over 30,000 ‘honeymoon brides’ in Punjab who have been deserted by their NRI husbands within days or months of their marriage this year alone.
According to a 2018 article by Reicha Tanwar, Former Director of Women’s Studies at Kerala University, there has been a steady rise in cases of Indian women being deserted after marriage or tricked into fraudulent marriages by husbands and their families who are residents of a foreign country in the past ten years. She writes that between January 2015 to November 2017, the MEA received 3,328 such complaints. Most of the complainants were from Punjab, Andhra Pradesh, Telangana followed by Gujarat. This year, amidst lockdowns and stay-at-home impositions worldwide, cases of domestic violence- both mental and physical- surged.
What’s worse is that these NRI husbands leverage the gaps in the laws and policies, and generally go untouched. Fraudulent NRI marriages are also cases of rape, torture, human trafficking, violence, and extortion. Between September 2009 to November 2011, around 800 cases have been registered in India’s National Commission for Women but not a single NRI husband was extradited back to India as of July last year.
The problem lies in the implementation of Article 498(a) of the Indian Penal Code wherein cases of domestic violence, the presence of NRI husbands cannot be secured in Indian courts. There is no strong law to help bring them back and that is why most of them go untouched.
Know your rights and weigh your options
It is important for every adult woman to know their rights, weigh their options, and seriously consider if they want an NRI husband at the risk of not knowing enough and going in blind. Generally, there are some red flags and patterns that can help catch the trouble early in the process of meeting the families and the boy.
Are they in a hurry? Is the boy not around and will directly come over at the time of the wedding? Have you seen the legal documents like passports, visas, etc? Are you in touch with any relatives, friends, and foreign acquaintances of the groom’s side?
Living in a foreign land seems dreamy and glamorous but at what cost?
Women and their families must do their due diligence and think twice before entering into a union with a foreign-based boy. Having said that, I completely understand that there are many scenarios where the person is smooth and there are just no alarming signs ahead of the wedding and a woman can find herself in trouble after landing in a strange country.
At that point, it becomes crucial to know where and how to seek help. Reach out to the Indian embassy or High Commission in your country. Go to the Ministry of External Affairs website or Twitter handle and reach out to them. Reach out to government organizations like NARI or non-government organizations in your area.
Here are some relevant links for readers in California:
I am saddened by the lack of family visits this past year amidst the pandemic and as we usher into the new year with uncertainties and bleak hope, I feel even worse. However, my struggles are nothing like these thousands of women who go abroad with dreams of starting a new family, a new life, and are faced with such atrocities. It is important for us all to remember that life is not about the material side of things but in the end, it is the people and the relationships that matter. If anything, this past year we have all learned the value of having loved ones in our lives.
I wish and pray that the new year only brings happiness and health for all of us- in India and abroad. Happy, safe, and healthy 2021!
Surabhi, a former Delhi Doordarshan presenter, is a journalist based in Singapore. She is the author of ‘Nascent Wings’ and ‘Saturated Agitation’ and has contributed to more than 15 anthologies in English and Hindi in India and Singapore. Website | Blog | Instagram
On July 31, 2020 the Department of Homeland Security announced an increase to many fees for immigration and naturalization benefit requests. Although most fees are increasing, a $10 discount is offered for online submission where available.
Employment Visa Updates
Employers are understandably concerned about the potential effect the rule has on H-1B, L-1, and other immigrant employees.
For employers with more than 50 employees and more than 50% of those employees in H-1B or L-1 status, a $4,000 fee applies.
The rule expands the Public Law 114-113 fee of $4,000 to both H-1B and L-1 new employment as well as extensions of stay for employers that meet the 50 employees, 50% dependability test. The Public Law fee will apply regardless of whether the fraud fee applies. Extension requests for H-1B, L-1A, and L-1B visas filed by the same petitioner for the same employee or H-1B, L-1A, and L-1B amended petitions were previously exempt from the additional fee.
DHS will now separate the I-129 into forms based on case type and eliminate the current supplements to the I-129 form. This also allows DHS to charge separate fees for each form depending on the classification. DHS states that the current base filing fee of $460 doesn’t accurately capture the costs associated with adjudication since the fee is paid regardless of how many nonimmigrant workers will benefit from the petition or application, the type of worker evaluated, whether an employee is identified, or how long it takes to adjudicate the different nonimmigrant classifications.
The rule updates the filing fees as follows:
H-2A (named beneficiaries)
H-2B (named beneficiaries)
H-2A (unnamed beneficiaries)
H-2B (unnamed beneficiaries)
Green Card Fee Changes
Children under the age of 14 filing for a green card with their parents were previously able to pay a reduced fee of $750 instead of the $1,140 (plus $85 biometrics fee) currently charged to older applicants. All applicants will pay $1,130 under the new rule.
DHS also chose to separate the filing fees for Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, when either filed concurrently with Form I-485 or after the Form I-485 has been accepted and is still pending. Current regulations allow individuals to pay the I-485 fee, but also file the I-765 and I-131 without additional fees if filed concurrently.
The rule claims: “Debundling allows individuals to pay for only the services actually requested. Thus, many individuals may not pay the full combined price for Forms I-485, I-131, and I-765.” The newly established fees are as follows:
Form I-131, Application for Travel Document: $590
Form I-765, Application for Employment Authorization: $550
Form I-485, Application to Register Permanent Residence or adjust Status: $1,130
Individuals applying for work and travel documents along with their permanent residence application will now pay a total of $2,270.
DHS will remove the N-400 fee waiver (Form I-942) and the reduced fee option “in order to recover full cost for naturalization services.” The rule also removes the fee waiver for the N-600, Application for Certificate of Citizenship. However, the removal of fee waivers will reduce the cost of Forms N-600 and N-600K because the increased fee would no longer need to cover the cost of the fee-waived form adjudication.
However, the N-400 would not be afforded the same price decrease as the N-600: DHS raised the naturalization fee an astounding 83% from $640 to $1,170 for the paper-based filing. With the removal of the reduced fee option, naturalization may be financially out of reach for many families.
Currently, petitioners or applicants can pay $1,440 for certain employment-based petitions to be adjudicated within 15 calendar days. The new rule will change the 15-day calculation from calendar days to business days, while also excluding federal holidays and regional or national office closures due to weather or other causes.
The rule also states that the 15-day period be paused when USCIS issues a notification of approval, denial, RFE, or NOID. The rule would also clarify that a new 15 business day period will begin upon receipt of an RFE or NOID response. If an investigation is opened for fraud or misrepresentation, USCIS can retain the fee and not reach a conclusion to the request within 15 days.
The agency claims that the shift to calculating by business days will allow USCIS additional time to complete processing on a premium processing petition and could reduce the need for USCIS to suspend premium processing when request filing volumes are high.
USCIS will eliminate the $30 returned check fee because the fees associated with collecting the charge were higher than the returned check fees actually collected. However, petitioners and applicants should still ensure that adequate funds are available to avoid processing delays.
Another shift that has the potential to trip up applicants and petitioners is the planned updates to certain form instructions to only allow certain payment types for certain forms. For example, USCIS may determine that it only wants to accept credit or debit card payments for naturalization. USCIS could also decide that only a check or money order is acceptable payment for a certain form. The rule does not modify the instructions at this time, but states:
“In this final rule, DHS does not restrict the method of payment for any particular immigration benefit request. This final rule clarifies the authority for DHS to prescribe certain types of payments for specific immigration benefits or methods of submission.”
Extra precautions must be taken to review form instructions every time a case is filed to avoid a processing delay due to an incorrect payment type.
The new rule incorporates biometrics fees into the underlying immigration benefit request to “simplify the fee structure, reduce rejections of benefit requests for failure to include a separate biometric services fee, and better reflect how USCIS uses biometric information.” The fee includes FBI name checks, FBI fingerprints, Application Support Center (ASC) contractual support, and biometric service management (including federal employees at ASC locations). The rule outlines that a separate biometric services fee will be retained for Temporary Protected Status in the amount of $30, but requests for other immigration benefits will include the biometric fee.
Secure Mail Initiative
We have seen many clients suffer when the United States Postal Service (USPS) loses important immigration notifications. The rule announced that USCIS will implement Signature Confirmation Restricted Delivery (SCRD) as the sole method of delivery of secure USCIS documents. USPS states that Signature Confirmation requires that the recipient or another responsible person at the residence be present to sign for the item and then the sender will receive the signature and name of the recipient and the date, time, and location of the delivery. The rule outlines states
“USCIS and applicants can track their document using the USPS website up to when the document is delivered. Recipients will also have the ability to change their delivery location by going to the USPS website and selecting “hold for pickup” to arrange for pickup at a post office at a date and time that suits them.”
Applicants and petitioners should ensure that accurate addresses are submitted prior to the case filing.
Timeline for Rule Implementation
The fee increase is effective Oct. 2, 2020 for any immigration filings postmarked on or after that date. If you are eligible for any of the immigration benefits subject to the fee increase, you should initiate your immigration process as soon as possible to avoid the substantial increase in USCIS filing fees.
U.S. President Donald Trump signed an executive order that bars hundreds of thousands of foreigners from seeking employment in the United States by suspending new work visas.
The argument against the most significant of these visas, the H-1B, has always been that they harm employment prospects for Americans and depress wages. Some of the criticism is justified: The H-1B visa, which U.S. technology companies and outsourcing firms use to hire 85,000 new foreign specialists each year, is indeed problematic because it puts both American and foreign workers at a disadvantage. These visas are the U.S. tech industry’s dirty secret. They tie the foreign workers to their jobs and allow the employer to pay them less than they could be earning—which drives down pay for American workers as well.
But the solution isn’t for the government to lock the doors or try to control wages; it is to let competition on the labor market do its magic. The simple fix is to allow H-1B visa holders to work for any employer that pays them the highest wage or for the start-up that offers the most rewarding work.
This is something I have written about a lot, including in a 2012 book titled The Immigrant Exodus: Why America Is Losing the Global Race to Capture Entrepreneurial Talent. I warned then about the deep flaws in U.S. immigration policies and predicted that China and India would greatly benefit from these flaws—and, unfortunately, that prediction was correct. With help from workers who honed their skills in the United States but couldn’t stay, both of those countries have built innovation capabilities that rival the United States’, and both now have many technology start-ups valued in the billions of dollars.
Here is the problem: For decades, the United States has been bringing in large numbers of workers on temporary visas such as the H-1B, but it never increased the numbers of permanent-resident visas (“green cards”) available for those who want to stay. There are 140,000 green cards issued per year to employment-based visa holders, and the law stipulates that each nationality may receive no more than 7 percent of the total number of employment-based green cards. My research team documented in 2007 that this limitation had trapped more than 1 million skilled immigrants and their families in immigration limbo. The Cato Institute found that number to be unchanged in 2020 and forecast that the backlog would increase to 2.4 million by 2030. Today, skilled Indian workers make up 75 percent of the employment-based backlog, and those who recently arrived face a wait of 90 years.
Technically, any H-1B worker can change jobs by filing a petition with the government, and some do take advantage of this rule. But there is a catch: The H-1B visa allows a path to permanent residency only when an employer sponsors a worker. And this is the carrot employers offer, one that most people coming to the United States want. Once they accept this carrot, they are trapped in immigration limbo because they can only change sponsoring employers or take new jobs at their current companies if the new job is in the same category and at the same level as the old one—otherwise, they risk losing their status or having to reapply. Most don’t take the risk. Therefore, visa holders shun promotions and changes in their job descriptions, leading to stagnating careers and lower salaries than they could otherwise make.
Opponents of the H-1B visa are correct in claiming that the visa disadvantages American workers, who are effectively competing with bonded labor. To the would-be immigrants, this indentured servitude is compounded by the employment restrictions that their spouses now face once again: The H-4 visas that permit them employment have also been suspended by Trump.
The overall problem could be fixed if the number of permanent-resident visas available for skilled workers was increased and the wait times decreased dramatically. But that is not going to happen in this era of pandemics and xenophobia. The most realistic solution is to untether the visa holder from the hiring company. In other words, allow an employee who enters the country on an H-1B visa and gets an offer of a higher salary to change jobs regardless of the status of his or her green-card application—without cumbersome additional paperwork. This way there’s no cheap labor anymore, and market forces take over. And, of course, the spouses of H-1B workers must not be prevented from working; no civilized society can place such restrictions on a group that is mostly women.
Technology companies don’t propose such a fix because it would cause them to lose power over the employee. Politicians won’t propose such legislation because it is not what tech-industry lobbyists want. Instead, we get a series of convoluted proposals that increase the role of government and disadvantage all workers, both American and foreign—and create the immigrant exodus.
Sadly, there is unemployment in the tech industry, and there are many heart-breaking cases of Americans being displaced by cheap foreign labor. This is not an acceptable situation, and it is why smart immigration reform would fix the salary disadvantage. Having more highly skilled, job-creating immigrants will lead to more innovation and more jobs. It will make the economic pie bigger for everyone.
The key to competitiveness is to allow the tech industry to hire the best talent, no matter where it comes from. The economy thrives on competition of every form, including technology and skill. Attacking immigrants and demanding that companies hire Americans over people who are more skilled, as Trump is doing, is the fastest way to destroy the United States’ remaining competitive advantages—and prolong the recession.
Vivek Wadhwa is a distinguished fellow and professor, Carnegie Mellon University’s College of Engineering, Silicon Valley.
This article was republished with permission from the author and can be originally found here.
Punishing Low-Income Immigrants With The Recent Changes To Public Charge
Our federal immigration laws have long been controversial. However, within the past few years, there have been numerous contentious changes to immigration law as part of the federal administration’s clampdown on immigration. One insidious change, in particular, has been to the public charge rule.
Public charge is an immigration rule that federal authorities use to decide whether certain immigrants will be a financial burden on the government. Because of public charge, some immigrants worry that their immigration status can be negatively impacted by getting certain public benefits from the government.
Along with the recent rule change, there has also been an unfortunate amount of misinformation and fear in the community about public charge. There has been a chilling effect with immigrant families, including those not actually subject to the public charge rule, with many choosing to disenroll or to not enroll for public benefits to avoid jeopardizing their immigration status.
Our communities need to fight misinformation with knowledge, and fear with power. To do that, we must all remember that public charge does not apply to all immigrants and it does not apply to all public benefits.
What Exactly Is Public Charge?
The public charge rule applies when a non-citizen seeks to enter the U.S. or to adjust to lawful permanent resident status (ie. apply for a green card). It does not apply to U.S. citizens and it does not apply to many types of immigrants. Legal permanent residents with green cards already should not be impacted by public charge unless they travel outside of the United States for six months or longer and then return.
In addition, public charge does not apply to asylees, refugees, Violence Against Women Act (VAWA) applicants, people who have or are applying for U-visas as victims of crime, T-visas for human trafficking survivors, special immigrant juveniles (SIJS) and other immigrants with certain types of humanitarian immigration statuses.
The public charge test looks at a totality of the circumstances and weighs many factors to decide if an immigrant will be a public charge. This includes looking at someone’s age, health, family size, education, skills, and whether the immigrant has an affidavit of support. The receipt of certain types of public benefits by the applicant directly is only one factor in this test.
Traditionally, public benefits that count towards public charge include those that provide cash assistance, like Supplemental Security Income (SSI), CalWORKs, General Assistance, and long-term institutional care at government expense.
However, under recent changes to public charge, the federal government has expanded the list of public benefits impacted for green card applications filed on or after February 24, 2020. The new rule looks at whether or not an immigrant receives one or more certain public benefits “for more than 12 months in the aggregate within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months).” The rule is not retroactive, so applications filed before February 24, 2020 will be considered under the old rule that claimed only cash assistance and long-term institutional care at government expense.
In addition to cash aid and long-term institutional care at government expense, the new post-February 24, 2020 public charge rule now will also include federally funded Medi-Cal (with exceptions for state-funded Medi-Cal, emergency services, children under 21, pregnant women, new mothers and COVID-19 related care), federally-funded CalFresh, federal public housing, Section 8 vouchers and project-based Section 8. Although these public benefits programs have been added to the new public charge rule, most immigrants who face a public charge test don’t get the benefits that could be potentially problematic for public charge. Public charge also only considers whether or not the immigrant applying for a green card directly receives one of the impacted public benefits, not other family or household members.
Conversely, this also means that other public benefits and assistance programs will not have a public charge impact. This includes exceptions to Medi-Cal like emergency Medi-Cal, pregnancy Medi-Cal, state-funded Medi-Cal (like for undocumented youth 21-26), Medi-Cal for children up to age 21. This also includes other programs like California Food Assistance Program (CFAP), Women, Infants and Children (WIC), Social Security retirement, Medicare, unemployment insurance benefits (UIB), school meal programs, earned income and child tax credits, crime victim compensation, energy assistance programs, disaster relief programs and non-cash assistance state/local programs. For COVID-19 specifically, testing, treatment, and preventative care (including a potential future vaccine) will not count towards public charge.
It’s Okay To Ask Questions and Seek Help
Public charge does not apply to all immigrants or to all public benefits. Immigrants should continue to seek the public benefits and care they need to keep themselves and their families safe during this difficult time. Especially with the COVID-19 pandemic still causing havoc, receiving proper health care, including through Medi-Cal, is more important now than ever. However, everyone’s situation is different and you should speak to an attorney qualified in both immigration and public benefits law if you are concerned about a potential public charge impact for you or your family.
Together, we can fight the fear and misinformation around public charge, empower our communities, and counter the chilling effect impacting so many low-income and immigrant families.
Nghi Huynh is a staff attorney with the Asian Law Alliance, a nonprofit community law office that has served the low-income and AAPI community of Santa Clara County for over 42 years.
Reflect and ponder. How can you imagine an America without them?
The proportion of H-1B workers to American companies has doubled its production rate due to workers’ ability to create new products and replace outdated ones. The product reallocation grows more revenue as a result.
However, the H-1B program is limited by immigration policies such as the H-1B visa lottery and the“Buy American, Hire American” policy. This cynical atmosphere of embracing diversity leads to difficulties in patenting an invention. HB-1 workers are leading the nation to promote mass scientific innovations. Yet, they have difficulties in filing patents caused by political and economic changes.
Who are H-1B Visa Holders?
H1-B Visa Holders are immigrants who work in the United States under a “specialty occupation.” As provided by law, a person is required to have a minimum educational level of a bachelor’s degree or equivalent.
H-1B employees can work for no more than six years. If an employee was contracted for less than six months or if an employee successfully obtained a Green Card, then the six-year limit does not apply.
USCIS has not yet offered a remedy. It becomes clear that the H-1B lottery fails to provide an alternative system, affecting the livelihood of foreign applicants and beneficiaries.
President Trump’s “Buy America, Hire American” policy has added a burden to the status quo
The tightened policy ordered the Department of Homeland Security to issue H-1B visas to only the most-skilled or highest-paid workers. As a result, USCIS has increased H-1B visa denials and the number of Requests for Evidence to H-1B applicants.
Due to this immigrant policy shift, thousands of companies have lost their foreign employees.
Today, Indian Americans have experienced unfortunate situations due to their H-1B visa status – many have had their visas denied and are left unemployed.
H-1B workers are given a 60 days period to find another job.
There is no guarantee that they can be hired in a fast and demanding environment. Unemployed H-1B workers have difficulty obtaining visas, making them an illegal resident in the U.S. As the government limits their potential economic contributions, the H-1B visa holders’ chances of patenting an invention become complex and bureaucratic.
Importance of a Patent Attorney
H1-B workers are leading the overall innovation in the American economy.
Immigrant workers have contributed to designing machines, developing software applications, proposing business methods, and improving healthcare.
The inventions of H-1B workers should be safeguarded in terms of its ownership, exclusive rights, and competitive advantage by hiring a patent attorney.
For valuable reasons, hiring a patent attorney helps an H-1B worker in providing legal advice onhow to get a patent, conducting a prior art search for marketability, and patentability of an invention, performing patent infringement, securing an economicalpatent cost, and litigating future cases in the proper court.
“In filing a patent application, always consider the professional guidance of a patent attorney. A patent attorney provides a clear understanding of a Patent Law and the complex process of a patent process. By hiring a patent attorney, you get things done right and give you the best benefit you need.”
The difficulties of filing patents as an H-1B visa holder, perhaps, are a call to amend these policies for the permanence and stability of our immigrant workers.
To make America successful, the government should uncap the number of H-1B visas and liberalize the security of getting green cards for immigrant workers. If the administration won’t make a move, great scientific innovations will be at stake.
As immigration policies might have tightened the rope of filing a patent, a patent attorney is always ready to lose the tension in the hopes of innovation and invention.
Rei Lantion is a graduate from Ateneo de Manila University and is an aspiring IP attorney. Professionally, she has a great deal of experience in writing, editing in patent law, working one-on-one with patent attorneys. When she’s not writing she loves playing D&D with her dog Oreo.
The mantra of many Indians who left their homeland, for the longest time was – I will return to India in 5 years. The magic number 5 was almost unanimously agreed upon by many NRIs who moved to any part of the 5 of the 7 continents. Probably because only 5 were habitable, or because 5 years were enough to earn a degree, work a couple of years, and maybe even save $5K to get back home and start a new life! Whatever the reason, the promise was one of return to the motherland.
Back in the ’80s, college and job applications were non-existent. Applications had to be requested via regular postal mail. They had to be filled out by hand and mailed back. It was a time consuming and tedious process.
The arrival of the acceptance letter was followed by a series of phone calls to family and friends, distribution of sweets, and a party where sometimes entire neighborhoods were invited. After the initial ‘oohs’ and ‘aahs, came a torrent of tears.
As the departure day came close, the word ‘packing’ would send mothers in tears. Packing two suitcases with the maximum weight allowed was the most challenging and dreaded experience. Mothers wanted to pack not only clothes but food as well. In went processed condiments, homemade pickles, savories, and sweets. Fathers made sure documents, finances, and papers were in order. Suitcases were weighed, unpacked much to the dismay of mothers, repacked, and reweighed. After heated arguments, sobbing, complaining, cajoling, and hugging and making up, the final packing was done. And, after receiving a barrage of phone calls and reading numerous telegrams wishing ‘Bon Voyage’, ‘Best Wishes’, and ‘Happy Landings’, fatigue took over but sleep eluded, for it was the last day spent together before the great departure.
Upon landing on the new soil and clearing US Customs without any hassles, the migratory students adjusted to their new surroundings by flocking together. They forged bonds with other Indian students. From sharing dorm rooms, apartments, and even cars, to hunting for Indian grocery stores, Indian restaurants, places of worship, and procuring membership for Costco (earlier known as Price Club) they began their life here. All this coupled with coping with the new routine and rigor of academics, was the challenge of finding assistantships, on-campus jobs or other odd jobs to sustain a living.
Calls to India in the late 1980s were $3.95 for the first minute and $1.95 for every minute thereon. Parents and students agreed that outgoing phone calls would be made only once a month and talk-time would strictly be limited to no more than 3 minutes max. Almost every phone call would begin and end with tears and sniffing on both sides.
Letters to and from home would take three to four weeks to be delivered! (These were the days before the birth of the World Wide Web, Social Media, and Mobile phones) Aerograms or Airmails were used. USPS and Indian Postal Service were lifelines that held families together. Though the news and events (of birthdays, weddings, festivals, births, and deaths) relayed in the letter were long over, reading about them renewed all the excitement and also made one emotional.
Mothers checked in to see how their fledglings were doing, but it was actually a double-edged sword to drive one on a guilt trip for making the decision to study/work abroad, though it was a point of pride for them as well. It was always – “a cousin, a neighbor, or a friend’s son or daughter has gone to study in the US and is doing so well, so must you.”
The new students were in awe of the life here. Things that were unheard, unseen, and regarded as a luxury back home were basic needs here. Hot and cold running water 24/7, supermarkets carrying frozen breakfast and cut vegetables, ready to eat meals, shopping malls, washer/dryer, dishwashers, etc. was all thought to make life easy.
After the initial awe, shock set in, Chores! They were required to be done! No mother to provide fresh hot meals, no vendor bringing the vegetable cart to your door, and no domestic helper to help you clean and do the dishes. Every single chore had to be done by the student! It was time for the juggling act.
A brief period of stress followed graduation, the phase of changing the practice, a temporary F1 student visa into an applicable, permanent H1 work visa. Once that was settled, parents and students heaved a big sigh of relief. Parents proudly showed off photos of their sons and daughters, talked about their first car, H1 visa approval, and how they managed to find their first job.
It was now time to get married and settle into family life. If one was in love, it was time to take a favorite cousin, uncle, or aunt into confidence and have them convince the parents. Perhaps the parents were open and there were no issues, otherwise, after a lot of reluctance and melodrama, permission for marriage was given. If there was to be an arranged marriage, it required word to be spread about prospective brides and grooms, alliances would start to pour, photos exchanged, and matches made. The groom would then proudly bring his bride to this country and after the initial struggles, begin to settle down.
Once children were born, a new phase would begin. The free K-12 public school education, clean environment, excellent and prestigious universities for higher education, and so on acted as incentives to extend the 5-year dream. But soon the 5-year dream would be shelved, and a new dream, the vicious cycle of voluntary entrenchment would begin – obtaining a Green Card, buying a home, and becoming a citizen of the USA.
Anita R Mohan is a poet and freelance writer from Fairfax, Virginia.