Tag Archives: Visa

Abha Sharma and her family

Bereaved Mother of Bay Area Resident Unable to Visit the US

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


Shailaja Venkatsubramanyan has taught information systems at San Jose State.  She volunteers with the Plant-Based Advocates of Los Gatos.  http://www.plantbasedadvocates.com/


 

OCI Re-Issuing Simplified By Modi Government

In a decision that is expected to significantly ease the process for re-issue of Overseas Citizen of India (OCI) cards, the Modi Government has decided to simplify the process. This decision has been taken on the directions of the Union Home Minister Shri Amit Shah. 

The OCI Card has proved to be very popular amongst foreigners of Indian Origin and spouses of foreign origin of Indian citizens or OCI cardholders, as it helps them in hassle-free entry and unlimited stay in India. So far about 377,200 OCI Cards have been issued by the Government of India. 

A foreigner of Indian origin or a foreign spouse of an Indian citizen or foreign spouse of an Overseas Citizen of India (OCI) cardholder, can be registered as an OCI cardholder. OCI card is a lifelong visa for entry into and stay in India with a number of other major benefits attached to it that are not available to other foreigners.  

Presently, the OCI card is required to be re-issued each time a new passport is issued up to 20 years of age and once after completing 50 years of age, in view of biological changes in the face of the applicant.

It has now been decided by the Government of India to dispense with this requirement. A person who has got registration as OCI cardholder prior to attaining the age of 20 years will have to get the OCI card re-issued only once when a new passport is issued after his/her completing 20 years of age, so as to capture his/ her facial features on attaining adulthood. If a person has obtained registration as OCI cardholder after attaining the age of 20 years, there will be no requirement of re-issue of OCI card. 

To update the data regarding new passports obtained by the OCI cardholder, he/she can upload a copy of the new passport containing his/her photo to the online OCI portal, each time a new passport is issued up to 20 years of age and once after completing 50 years of age. These documents may be uploaded by the OCI cardholder within 3 months of receipt of the new passport.  

However, in the case of those who have been registered as OCI cardholder as the spouse of foreign origin of a citizen of India or an OCI cardholder, the person concerned will be required to upload on the system, a copy of the new passport containing the photo of the passport holder and also the latest photo along with a declaration that their marriage is still subsisting each time a new passport is issued. These documents may be uploaded by the OCI cardholder spouse within three months of receipt of his/ her new passport.  

The details will be updated on the system and an auto acknowledgment through e-mail will be sent to the OCI cardholder informing that the updated details have been taken on record. There will be no restriction on the OCI cardholder to travel to/ from India during the period from the date of issue of new passport till the date of final acknowledgment of his/ her documents in the web-based system.  


Find the original document HERE.


 

6 Tips For a First Time Trip From India to San Jose

When traveling abroad, there are many important steps to ensuring that the trip goes perfectly. A trip between two countries so culturally diverse and far apart requires a lot of planning and research. If you are a cultural native of India, there will be many customs and attributes to American culture which will be surprising and take some getting used to. The below six simple steps will allow you to plan and enjoy a successful and beautiful trip to the United States. 

1: Visa Process – The dreaded United States Visa application is one of the most difficult and important processes when planning a trip to America. You will most likely need to acquire a business and/or personal visa (labeled B1/B2) which is valid for 10 years. Unlike most other countries, the visa application process for the states requires the attendance of an in-person interview. You will need to fill out an online application on the US government website to get started first, then pay the initial visa fees, and apply for an interview date. You will then need to attend your interview date with the correct and required documents. I would also suggest bringing some cash, but nothing else is allowed into the interview. Once this process is completed, payment must be made for the visa to be delivered, and it usually will arrive within a week after it has been approved. 

2: Travel & Health Insurance – One major difference between healthcare in India and the United States is that the whole system is very procedural. Though the privatization of the whole system has made healthcare expensive in the US, it is necessary to have the correct documents and insurance in case of emergency. You cannot simply walk into a pharmacy and ask to be treated; you must have the correct paperwork, and without insurance; an emergency could leave you with a very deep hole in your pocket. 

3: Pick your Priorities – The United States is an exceptionally large country, and even state by state there is simply too much to see and do! However, it is important to pick your priorities. Figure out a certain number of things that are ‘must-dos’ for you and write them out into an itinerary of sorts. I would recommend not booking more than one ‘big’ thing in a day, and not to simply stay one night in each hotel before moving on. If you do this, you might see everything; but you will be too exhausted to genuinely enjoy it! 

4: Space out your Trip – Similarly to the aforementioned ‘picking your priorities’, spacing out your trip is equally as important. As travel writer Asana Thala at Australia2Write and Write My X said, “Ensure that your trip is well-spaced out and that you are not rushing between your ‘big’ priorities, and actually enjoying them.  It is better to do less, well.”

5: Be Aware of American Customs: American customs are vastly different from Indian customs, and the cultural norms are remarkably diverse.  Lifestyle Blogger from Britstudent and NextCoursework, Harriet Amy noted, “One major difference is the tipping culture. Waiters at restaurants, doormen at hotels; basically, everyone who ever does anything for you will expect to be tipped.” Another divergence is fashion, you will be shocked initially at some of the clothes that people wear; it will take some getting used to. 

6: Enjoy! – The last step is simple! Just enjoy. Take all your research and planning, all the prep work that you have done, and just enjoy. Take in all the sights and try not to stress about anything too much. 

As long as you make sure that you plan ahead and organize all visa, travel, and medical pieces before you leave, and have researched your travel plans and written out a draft itinerary; the basic structure is there. There will be a transition period for you to get used to American customs, and find your ‘feet’ in the USA, but hopefully, these six simple steps will be stepping-stones to you enjoying your trip to America!


Michael DeHoyos is a lifestyle and travel blogger and editor at the Thesis writing service and Write my case study. He often helps companies in their advertising action plans and sales strategies and enjoys contributing his talents to numerous sites and publications. He is also an author for Origin Writings.

Immigration Fees Increase Can Affect You

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:

Case TypeCurrent FeeFinal FeeChangePercent Change
E-1E-2TN$460$695$23551 percent
H-1B$460$555$9521 percent
H-2A
(named beneficiaries) 
$460$850$39085 percent
H-2B
(named beneficiaries)
$460$715$25555 percent
L-1AL-1B$460$805$34575 percent
O-1$460$705$24553 percent
H-2A
(unnamed beneficiaries)
$460$415-$45-10 percent
H-2B
(unnamed beneficiaries)
$460$385-$75-16 percent

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.

Citizenship Fees

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.

Premium Processing 

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.

Payment Updates

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. 

Biometrics Fees

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. 


To initiate your case and save money, email info@challalaw.com or call 804-360-8482. 

Foreign Worker Visas Are the Tech Industry’s Dirty Secret

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.

Public Charge Can Affect Your Benefits

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. 

Immigration in Limbo, H-1B Holders File Patents

In this pandemic epoch of coronavirus, our H-1B workers respond to the national emergency. Around 3,310 biochemists and other scientists have worked together to develop a coronavirus vaccine through the H-1B program. 

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.

Recent statistics show that H-1B workers occupy nearly two-thirds of STEM professions.

H-1B visa lottery has affected the status of immigrant workers

On March 31st, 2020 the American Immigration Lawyers Association (AILA) revealed that significant numbers of H-1B visa applications were denied due to a system glitch.

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 on how to get a patent, conducting a prior art search for marketability, and patentability of an invention, performing patent infringement, securing an economical patent cost, and litigating future cases in the proper court. 

J.D. Houvener, a San Francisco Patent Attorney, emphasizes the substantial need of hiring a patent attorney:

“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.”

Conclusion

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.

OCI Holders Can Fly Back to India

The Government of India has decided to also permit following categories of Overseas Citizens of India (OCI) cardholders who are stranded abroad including in the US to travel back to India by Special Flights:

  • Minor children born to Indian nationals abroad and holding OCI cards.
  • OCI cardholders who wish to come to India on account of family emergencies like a death in the family.
  • Couples where one spouse is an OCI cardholder and the other is an Indian national and they have a permanent residence in India.
  • University students who are OCI cardholders (not legally minors) but whose parents are Indian citizens living in India.
  1. All OCI cardholders who satisfy the above conditions are requested to register themselves. Those OCI cardholders who had registered earlier are also required to register online again.
  2. The OCI cardholders will not require any fresh emergency visas if they fall into one of the categories mentioned in para 1 above.
  3. In view of a limited number of seats and a large number of registrations, eligible OCI cardholders would be accommodated in the non-scheduled commercial flights on the basis of availability of seats.
  4. The cost of travel from designated airport in the USA to the designated airport in India will be borne by the passenger.
  5. The Embassy/Consulates will share the details of passengers identified with Air India Offices that will contact them directly regarding booking of tickets and mode of payment. Refund or adjustments, if any, for previously booked tickets may be processed separately with Air India.
  6. All passengers will be required to undergo medical screening before boarding the flight and only asymptomatic passengers will be allowed to travel.
  7. All passengers on arrival in India will be medically screened and would have to download and register on Arogya Setu app.
  8. All passengers will need to undergo a 14-day mandatory quarantine on arrival in India in institutional quarantine facilities on a payment basis as per the protocols framed by the Government of India. COVID test would be done after 14 days and further action would be taken according to applicable health protocols.
  9. All passengers will have to follow the protocols and procedures including Health Protocols issued by the Government of the USA on departure and by the Ministry of Health, Ministry of Civil Aviation and other concerned authorities of Government of India before, during the journey and on arrival in India.
  10. All passengers will be required to sign an Undertaking, which will be collected from them at the airport before boarding the flight.

Issued by the Embassy of India, Washington D.C.

Update: Indian Travel Ban Extended

According to the latest Travel Advisory, all scheduled international commercial passenger services to India shall remain closed till 1830 hrs GMT of April 14, 2020. In view of these temporary travel restrictions, all Indian nationals are advised to:

I. Stay safe and isolated within the residential premises and follow the advisories updated on CDC web site https://www.cdc.gov/coronavirus/2019-ncov/ and other state and federal advisories relevant to COVID19.

II. Please follow social distancing norms and avoid any non-essential local travel.

III. Approach the local health department officials in case you or your family member(s) experience any of the symptoms mentioned in the CDC website https://www.cdc.gov/coronavirus/2019-ncov/

IV. For extension of visa in the US during this restriction period, please apply online at USCIS website https://www.uscis.gov/visit-united-states/extend-your-stay and and http://uscis.gov/coronavirus. This is per the advice of concerned US authorities, with whom, the Embassy is also in touch.

V. Please also continue to check the website of the Embassy of India in Washington DC (www.indianembassyusa.gov.in) and social media (Twitter & Facebook) for latest updates. In case required, please contact the Indian Embassy or one of Indian Consulates depending upon your location in the US at the 24/7 helpline details mentioned in our previous article here.

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A Faster, Cheaper Way to Send Money to India

Stanford Federal Credit Union, located in Northern California, offers a faster, cheaper way to send money abroad. Through a new partnership with TransferWise, customers can send money directly through Stanford FCU’s online or mobile banking. This simple process means the funds can arrive as soon as the same day. 

Stanford FCU’s international funds transfer process is also cheaper—there is a low transparent fee, and the real exchange rate is used with no mark up. All of this means more money gets to your loved ones.

You must be a member of Stanford FCU in order to use this international funds transfer, and new members can get up to $500 in bonuses just by opening a checking account with direct deposit and additional accounts. Stanford FCU is a $3 billion financial institution serving 73,000 members. 

There is no cost to become a member, and you can join online. You must have a U.S. address and picture ID.

Stanford FCU is a full-service financial institution serving employees of Stanford University, Google, Facebook, Visa, Amazon, SAP, Tesla, and 100 other innovative companies. Members enjoy low fees, low-rate auto and home loans, high-rate deposit accounts, and low-fee rewards credit cards. Deposits are federally insured by NCUA, Equal Housing Lender, NMLS #729643.

Learn more and join online at sfcu.org/love or call 888.723.7328.

 

5 years + 5 more = Marriage With America

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. 

Anita Mohan captures the University of Colorado in the 80s

 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. 

Edited by Assistant Editor, Srishti Prabha.

Why EB-5 is the Best Solution for Your H-1B Woes

In the United States, workers from India comprise the largest number of H-1B professionals.

But, in the wake of US policy changes on immigration, Indians have been hit the hardest, putting their eligibility and professional dreams at severe risk.

In a recent report from the National Foundation for American Policy it was shown that in 2017 72% of the H-1B petitions denied were for professionals from India. What’s larger, however, is the emotional hardships families have had to bear from these denials. Ashish Kumar, a software engineer from Indore, has a particularly apt story. In 2014, Ashish and his family moved to upstate New York from India for work. Four years later, his family had completely acclimatized to America, with hopes of permanent residency. His son, who upon arrival, barely spoke English, now spoke indistinguishably from other American children. Even more, his wife, six months pregnant, had the hope of raising another child in America. In early September, Ashish and his family received the shocking news that their H-1B had not been renewed. They were given two weeks to pack all their belongings and relocate back to India.

Ashish’s plight is shared with many other families. These families become completely immersed in American culture. Some even have American born children. For them, America is home.  

While some professionals may be eligible for employment based green cards (EB-2 and EB-3), these visas can be restrictive. Wait times are severely backlogged from 10 to 15 years. To make matters worse, employer sponsorship does not assure green card approval and prevents the candidate from moving cities.

With such massive uncertainty, is there a better solution?

The EB-5 Investor Visa is one such opportunity, giving Indian citizens the chance to earn permanent residency through capital investment. Unlike EB-2 and EB-3, there is no severe backlog. Even more, EB-5 does not:

  • Require employer sponsorship
  • Depend on a lottery system
  • Have long wait times for family sponsorship

Instead, it gives Indian citizens a chance to build a future by working and living anywhere in the US, with the added opportunity to earn US citizenship.

On, November 9th at 2PM EST US Freedom Capital will be hosting a webinar to discuss the ins and outs of the EB-5 Investor Visa. CIO, David Gunderson, will discuss the process, timelines, and successes of our own H-1B clients who have received their green cards in as little as 14 months. In addition, we will have a Q&A session after the webinar to discuss any specific questions/comments from the audience.

To register please click here https://register.gotowebinar.com/register/8199200439262243339

 

About US Freedom Capital

US Freedom Capital is a global investment firm committed to the long-term growth and security of its investors’ assets. Our investment projects are thoughtfully designed for the EB-5 Program and to create diversified, high-yield returns.
The US Freedom Capital team combines decades of experience in commercial US real estate, immigration, and investment management. Our industry experts have over $3 billion in commercial real estate experience, and include the three former highest-ranking officials at US Immigration (USCIS).