USA Immigration Policy and 5G

How USA lost out in the 5G race thanks to its immigration policies

Author

Abhishek Gutgutia
January 21, 2023

Good morning and happy weekend! The rain is finally done in the San Francisco Bay Area and the sun is out again. But you are not here for a weather report, are you?

Before you go into the rest of the newsletter, I encourage you to pay special attention to the conversation I had with Danielle Goldman earlier this week in which we spoke in-depth about Cap-Exempt H1B visas and what her non-profit, Open Avenues, is doing in this area. This is especially helpful for those on F1 OPT, H4, or H4 EAD worried about not getting picked up in the H1B lottery.

What we have in store for you this week:

  • Concurrent adjudication of H4 and H4 EAD is back!

  • Reporting labor violations without retaliation

  • The Mandamus petition

  • How US lost out on 5G race due to its immigration policies

Poll

Before we get started, I need some help from you. Help us decide what we should build next. Choices are:

  1. DIY F1 OPT Application: Self-apply for F1 OPT or STEM OPT with a few clicks

  2. DIY Visa Stamp Application: Go through visa stamping process with a few clicks

  3. Immigrant-focused job board: Job board which contains jobs that sponsor visas

Concurrent adjudication of H4 and H4 EAD is back!

Major Settlement Requires USCIS to Adjudicate H-4, H-4 EAD, and L-2 Together with I-129 - Reddy Neumann, P.C

Reddy & Neumann, P.C., along with a team of Jonathan Wasden from Wasden Law and Jesse Bless on behalf of AILA, celebrate the historic settlement with

https://www.rnlawgroup.com/major-settlement-requires-uscis-to-adjudicate-h-4-h-4-ead-and-l-2-together-with-i-129/

The good folks at Reddy & Neumann fought the good fight and forced USCIS to revert to its old practice of adjudicating H4 and H4 EAD concurrently with H1B I-129 application. Those applying for H4 and H4 EAD are getting some relief!

Reporting labor violations without retaliation

DHS allowing noncitizens to report labor violations without jeopardizing immigration status

DHS allowing noncitizens to report labor violations with fear of immigration status

https://abcnews.go.com/Politics/dhs-allowing-noncitizens-report-labor-violations-jeopardizing-immigration/story?id=96419737

In an ABC news interview, DHS Secretary Mayorkas confirmed that non-citizens can report labor violations without fear of retaliation. More people should exercise this option to keep unscrupulous an exploitative employers in check.

The Mandamus petition

Getting Past the USCIS Mailbox with a Mandamus Petition

I hear the same story on too many occasions. Someone's immigration application has been pending for a considerable period of time. The applicant reaches out time after time to get some update on the application only to either (1) receive no response; or (2) receive some vague response that might as well be nothing. Sometimes the applicant and/or family will hire an attorney or ask the attorney who filed the application to reach out to USCIS. They may even ask a a member of Congress to intervene.

https://www.aisenlawpllc.com/post/getting-past-the-uscis-mailbox-with-a-mandamus-petition

If your case has been pending with USCIS for a long time and USCIS refuses to respond clearly, talk to your attorney about the Mandamus Petition. With this option, you send in a cover letter along with a lawsuit forcing USCIS to give you a clear and concrete answer about your pending application.

How US lost out on 5G race due to its immigration policies

Erdal Arikan, a graduate of CalTech and MIT had the key insights that led to breakthroughs in 5G. Unable to get a visa to stay in the US, he was forced to return to his home country of Turkey. Subsequently he was hired by Huawei who used his insights to get a stronghold in 5G. This help Huawei, and by extension China, become a world leader in 5G technology which haunts USA even today. Among thousands of similar stories, this one warrants special attention due to its outsized impact on USA's global standing.

Maybe it's time to upgrade our immigration policies, Uncle Sam, lest we lose out on 6G as well?

Did You Know?

Taxes on foreign income, FBAR, and 8938

You must pay income taxes on your foreign income if you are a resident alien for tax purposes. You must also file FBAR if you have more than $10,000 in any of your financial accounts abroad. Finally, you must also file 8938 if you have assets worth more than $100,000 abroad. Not doing any of these can have serious consequences.

[consult with a tax expert before taking any action.]

Conversations

Past conversations

This week, we sat down with Danielle Goldman to discuss cap exempt H1B visas and her to work to help F1 OPT students continue to work should they not get selected in the H1B lottery. In addition to F1 students, this episode is a must for H4 visa holders who don't have work authorization.

Ep 11: Danielle Goldman, Co-Founder and Director at Open Avenues | The Zeno Life

Understanding cap-exempt H1B visas, eligibility criteria, helping companies retain talent, and options available to those who don't get picked up in H1B lottery

https://newsletter.gozeno.io/p/ep11-danielle-goldman-cap-exempt-h1b-visas

Sindhu Mahadevan has launched an excellent newsletter of her own "The Immigrant Life." In the latest edition, she talks about the EB-1A pathway and includes some of my own life experiences. Take a look and subscribe!

Issue#04 The World of Extraordinary Ability - Part 1

Thinking about O-1 visa and EB-1A Green Card pathways in new ways

https://sindhum.substack.com/p/issue04-the-world-of-extraordinary

That's it for this week folks! Have a great weekend! And don't forget to share the link below with your networks!

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