MULTIFACETED APPROACH TO SUCCESS
“It’s not just a social imperative, it’s an economic imperative to compete in an increasingly global and competitive environment.” Director Michelle K. Lee at the 2016 AIPLA Luncheon
IntroductionWe face a shortage of workers and students proficient in math and science. Increasing awareness of an issue and its complex nature, not only will help understand the problem, but also provide realistic and rational solutions .
Hiring foreigners is more expensive and more difficult than hiring locals, because of the visa fees and long lead times for visa processing. And companies face a backlash by anti-immigrant groups for hiring foreigners. So they do it only because they have to. There is a problem caused by the shortage of permanent-resident visas for people from high-population continental countries, such as India and China causing wait times to stretch into decades.
While these workers wait for their visas, they are essentially stranded in the companies that sponsored them. They often receive lower salary increases than workers who can readily switch jobs. This is what creates the salary distortion that anti-immigrant groups complain about.
Long Delay and Flawed Immigration PolicyFor example, the cutoff date for Indians, from the Indian Continent with a population of 1.3 billion and 1650 linguistic nationalities, in the employment-based category EB3 for November 2016 is 08 March 2005 and for October 2016 was 01 March 2005. That means an employee hired by a company before March 2005 and the company filed for the permanent visa, the so-called Green Card which is actually pink in March 2005 and is still waiting for the Green Card processing to complete while stuck in the same company for the past 11 years .
Consider the fact that companies cannot bring people from outside of the US on the permanent visa Green Card because it takes more than 11 years, they bring workers on temporary worker visa called H1 visa. Now, assume that an Indian Techie was hired in the year 1999 to solve the problem of the impending doom of Y2K Bug  using the H1 visa program . She comes to the US to protect the US from the doom of Y2K with her MTech from IIT, and the company keeps her on H1 visa because it is easier than filing for the Green Card. She brings her husband along for fun on H4 visa which does not allow him to work. So, he keeps himself busy at home tending to babies, having fun and what not. In 2006, because the H1 visa cannot be extended further, the company files for the Green Card and obtains a work permit for her so that the Indian Techie can stay working for the company, but cannot travel to India because she has no visa to re-enter . In 2016, she, her husband and kids are still waiting for their Green Cards. If and when the Green Cards arrive after due process including fingerprinting and biometric data collection and successful long-drawn FBI check, the clock starts ticking again for the citizenship application, which requires a 5-year residency requirement as a permanent resident - the Green Card holder.
So far the family has spent 17 years in this country and they do not have an immigration status yet, forget about a respectable status of equality. By the way, their eldest kid has graduated from one of the top high schools in the US with high honors in Math, Physics, Chemistry etc., the spelling bee champion for two years in a row, etc., etc., and now studying at MIT. However, because she was born in India, she has no status in this country of immigrants and can be removed at any time, if her mother gets a traffic violation and gets her status revoked .
No wonder some Americans want the immigration laws to be changed and a wall built around the US by Mexico. Yes indeed, definitely Congress has to change the immigration laws to provide more flexibility in our visa and immigration system to ensure we can hire the best native talent here in the US .
The US is Lost its Competitive EdgeThe US is losing its competitive edge in math and science while the rest of the world soars ahead . Our knowledge capital, which fuels innovation and economic growth, is at risk, as American students are falling behind other countries in the critical subjects of math and science (STEM subjects). Challenges facing education today in the United States include staying competitive, closing minority gaps, closing gender gaps, and improving teacher preparation .
? 44 percent of 2013 US high school graduates are ready for college-level math
? 36 percent of 2013 US high school students are ready for college-level science
? 26 percent of 2009 US students took Algebra I before high school
Women Left BehindIn addition, women are being left behind in the critical fields of math and science. Women represent 48% of the workforce, but only 24% of STEM jobs . Fewer than 15% of US-based inventors listed on a patent are women, leaving valuable inventive talent behind.
USPTO's EffortsThe USPTO's efforts like Girl Scout IP Patch to get girls interested in science, invention and IP and retaining and supporting women in STEM fields by mentoring, training and simply highlighting the female success stories through social media and inventors baseball trading cards for distribution to our school-aged children, so all our kids can see themselves as inventors, and enrich themselves using the Constitutionally protected "exclusive rights for a limited period of time" to encourage the spread of scientific knowledge to "promote the progress of science and the useful arts ."
REFERENCES and NOTESREFERENCES:
All in STEM Campaign - Multifaceted Approach
 THE STEM CRISIS: https://www.nms.org/AboutNMSI/TheSTEMCrisis.aspx
 The shortage of skilled technology workers has become the No. 1 issue for many companies.
The Talent Wars: Today's Toughest Startup Challenge: ttps://www.cs.princeton.edu/courses/archive/spring13/cos448/web/docs/readwriteweb_talentwards.pdf
The war for tech talent Escalates: https://www.bostonglobe.com/business/2016/02/19/the-war-for-tech-talent-escalates/ejUSbuPCjPLCMRYlRZIKoJ/story.html
Why Companies Aren't Getting the Employees They Need:
The IT Talent Shortage Debate: http://www.informationweek.com/strategic-cio/team-building-and-staffing/the-it-talent-shortage-debate/d/d-id/1317128
GLOBAL EDUCATION DIGEST 2010; Comparing Education Statistics Across the World:
 Application Final Action Dates November 2016: http://www.trackitt.com/current-visa-bulletin
So is there a glut of technical talent in the US or a dire shortage? The answer is: both. Hire the Best Workers Wherever They Are:http://wadhwa.com/2013/09/03/washington-post-hire-the-best-workers-wherever-they-are/
 Boom time in India as the millennium bug bites: https://www.theguardian.com/world/1998/dec/30/millennium.uk
The New York Times stokes the flames of anti immigrant bigotry: Large Companies Game H-1B Visa Program, Costing the U.S. Jobshttp://www.nytimes.com/2015/11/11/us/large-companies-game-h-1b-visa-program-leaving-smaller-ones-in-the-cold.html?_r=0
 Unless you obtain permission from US Citizenship and Immigration Services (USCIS) to reenter, you risk forfeiting your residency application. You get permission by filing Form I-131, Application for Travel Document. Ideally, you will file this at the same time that you initially file Form I-485.Caution: Advance Parole Does Not Guarantee Readmission to the US - see Major Grounds of Inadmissibility For the protection of the US. Filling Out Form I-131 for Advance Parole When Applying to Adjust Status in the US: http://www.nolo.com/legal-encyclopedia/filling-out-form-i-131-advance-parole.html
REFERENCES and NOTES (Contd.) DOS Policy on Visa Applicants with Drunk-Driving Records. Typically if an individual only has minor traffic citations with no arrests resulting (i.e. speeding tickets), they will not be required to submit any additional information with the N-400. However, if, during the course of the interview, an adjudications officer determines that there are circumstances that warrant further investigation, (e.g. there is an indication that the applicant has failed to pay fines associated with the citations), the officer may request additional documentation. (e.g. payment, certified police/court documents indicating such).
Traffic violations resulted in the revocation of the visa status and removal from the US
Section 101(a)(48)(A) of the Act, 8 U.S.C. ? 1101(a)(48)(A), provides that a conviction for immigration purposes is: 1) a guilty judgment entered by a court against an alien, or when adjudication is withheld, 2) a judge or jury made a finding of guilt, 3) the alien entered a plea of guilty, 4) the alien entered a plea of nolo contendere, or' 5) the alien admitted sufficient facts to warrant a finding of guilt. In addition, a judge must order some form of punishment, penalty, or restraint imposed on the alien's liberty. Section 101(a)(48)(B) of the Act, 8 U.S.C. ? 1101(a)(48)(B), provides that the latter requirement is satisfied by a court's order alone, irrespective of whether the order is suspended or executed. Application for Temporary Protected Status, filed ,in 2001, was denied in 2004 because the Director determined the Applicant had two misdemeanor convictions in the United States. On appeal, the Applicant claims she has one misdemeanor conviction as the other offense for which she was convicted, driving without a license, is a wobbler under the California Penal Code section 19.8, and was subsequently reduced to an infraction.
The Director may withdraw the status of an applicant granted TPS under section 244 of the Act at any time if it is determined that the applicant was not in fact eligible at the time such status was granted, or at any time thereafter becomes ineligible for such status. 8 C.F.R. ? 244.14(a)(l).
The regulation at 8 C.F .R. ? 244.1 defines "misdemeanor" as: [a] crime committed in the United States, either: (1) Punishable by irp.prisonment for a term of one year or less, regardless of the term such alien actually served, if any, or (2) A crime treated as a misdemeanor under the term "felony" of this section. For purposes of this definition, any crime punishable by imprisonment for a maximum term of five days or less shall not be considered a felony or misdemeanor. Section 101(a)(48)(A) of the Act provides that: (A) The term 'conviction' means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where - (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.
REFERENCES and NOTES (Contd.)All U.S. visa applicants are required to provide information on their visa applications regarding any arrests or convictions in their histories. Additionally, visa applicants are subject to background checks based on fingerprints. If the individual's history reveals an arrest or conviction for drunk-driving or other alcohol related offense, consular posts will investigate further to determine if an applicant may be ineligible for a U.S. visa as a person having a physical or mental disorder and/or demonstrating behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others. The DOS guidance acknowledges, however, that a drunk-driving conviction is not an indication of automatic, statutory visa ineligibility.
The HPV vaccine is required for females ages 11 through 26 years of age. As with all the vaccinations, because completion of a vaccine series often takes several months, applicants are currently not required to complete a series before being medically cleared to proceed with adjustment of status. They must, however, complete as many doses as was medically appropriate at the time the medical exam was conducted and are encouraged to follow-up with their primary physicians at a later date to finish any series. Further information and updates on the required medical exam and vaccines can be accessed at www.cdc.gov/ncidod/dq/health.htm
A World of Walls: The walls, fences, and trenches of the modern world seem to be getting longer, more ambitious, and better defended with each passing year. Recently, many of those fences have been appearing in Europe, as countries there struggle to process an influx of migrants and refugees.: http://www.theatlantic.com/international/archive/2016/05/donald-trump-wall-mexico/483156/
 All in STEM Campaign - Multifaceted Approach: https://www.uspto.gov/about-us/news-updates/remarks-director-michelle-k-lee-2016-aipla-luncheon
What is the Global Perspective on U.S. Higher Education?http://agb.org/trusteeship/2015/marchapril/what-is-the-global-perspective-on-us-higher-education
 THE STEM CRISIS: https://www.nms.org/AboutNMSI/TheSTEMCrisis.aspx
REFERENCES and NOTES (Contd.)Women In Academia: http://www.catalyst.org/knowledge/women-academia
After centuries of male dominance in higher education, women outnumber men in attendance, graduation rates:
Better, Yet Still Unequal: Revisiting Women's Progress in Higher Education:
Remarks by Director Michelle K. Lee: https://www.uspto.gov/about-us/news-updates/remarks-director-michelle-k-lee-2016-aipla-luncheon; Remarks by Director Michelle K. Lee: https://www.uspto.gov/about-us/news-updates/remarks-director-michelle-k-lee-consumer-electronics-show