International Migration – South Asian Migration and H1-B visas

1. Read: A model minority: India’s Diaspora (attached)

2. Read: H1-B Visas – Who should apply – how to apply: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion

3. Explore: Immigration Roadmap – Find your way to a Green Card: https://immigrationroad.com/green-card/immigration-flowchart-roadmap-to-green-card.pdf

4. Read: The Other One Percent – Indians In America (attached)

5. Please write a short essay that addresses the following questions:

Part I (it should be between 250-500 words):
a. What is the H1-B visa?

b. How do you apply for it?

c. Why do you think the H1-B visa has recently become under attack?

d. What group(s) has been advantaged by the H1-B visa?

e. Please choose a different visa from this website: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html

f. Who is this visa open to?

g. What specific groups have benefited from this visa?

h. How old is it?

i. Finally, review the immigration road map. What are some potential obstacles to getting a green card? How do people with the visa you chose get a green card according to this visualization?

Part II (this can be a few sentences):
Respond to the following 2 posts from classmates. Do you think it’s harder to get a green card with your type of visa or your classmate’s? Explain why.

1. The Au pair (exchange visitor) or J-1 visa is a non-immigrant visa open to any individual approved for a work-and-study-based exchange visitor program (1). Those with higher education are also the main beneficiaries of this visa, similar to the H1-B visa. The J-1 visa was created through the Mutual Educational and Cultural Exchange Act of 1961, specifically The Fulbright-Hays Act. There are many obstacles to getting a green card, my family has recently adopted, and the process of getting him his green card was extremely complicated and took a long time and lots of persistence. However, it would probably be even more difficult to obtain a green card with a J-1 visa since “J1 visa holders intent on transitioning to a green card is that J1 visa holders must prove, upon applying for their visa, that they do not have immigrant intent. This means you must demonstrate your intent to return to your home country when your visa expires” (2). The visa holder would have to have a really good reason for why they now wanted a permanent residence, such as marriage.

2. I chose to explore the K-1 visa. This visa is open to the foreign citizen fiancs of U.S Citizens. It states that the foreign fianc must marry his/her sponsor within 90 days of arrival in the U.S. The relationship must be genuine, proof of documentation must be submitted which include vaccinations and proof of financial support forms. Those who are involved in drug trafficking or over stay a previous visa are ineligible.Fiancs of all genders and nationalities can benefit from this visa as long as the U.S citizen and the foreign fianc have met in person within the last two years. Under extreme circumstances, this can be overlooked. For example, a man and women not being able to see each other in person due to religious reasons. The International broke Regulation Act was passed in 2005, which states how to file a petition for foreign fiancs.The road map was challenging to read as a lot of options seemed to end up in, sorry! There is a lot that can go wrong when trying to obtain a green card. Missing the deadline of filing is an obstacle along with whether your company is willing to sponsor you. The waiting periods in between paperwork can delay whatever the next part of the process is. Should something be denied, you must try again. There are no guarantees. According to the roadmap, to be able to obtain a k1 visa, you must be married within 90 days to your sponsor and file an I-485 form to adjust your status. Next, you will receive a traditional green card if the marriage is less than 2 years. You can then file a I-751 form to remove conditions.

 

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