Category: Immigration

Rep. Ami Bera Urges Biden To Protect ‘Documented Dreamers’

Staff ReporterImmigration 0

Congressman Ami Bera, M.D., D-CA, along with several others on Capitol Hill sent a letter June 25, 2021, to Department of Homeland Security (DHS) Secretary Alejandro Mayorkas recommending the DHS strengthen protections for children and young adults who have grown up in the United States as dependents of long-term work visa holders – a group known as the Documented Dreamers. Bera was joined by Rep. Deborah Ross, D-NC, and more than 30 House colleagues in sending the letter which sheds light on the fate of some 200,000 Documented Dreamers at risk of having to “self-deport” due to backlogs in the immigrant visa system, a large majority of them of Indian descent.

“America benefits immensely from H-1B and other nonimmigrant visa holders, highly skilled and talented individuals who contribute to the American economy and growing fields in engineering, medicine, and technology,” Dr. Bera is quoted saying in the press release. “Yet, due to decades-long backlogs in the immigrant visa system, around 200,000 children of nonimmigrant visa holders are at risk of having to “self-deport” when they reach the age of 21.” As a son of immigrants, Bera said, he was honored to Members of Congress in calling on the Biden Administration to take action to provide protections for young people who have grown up in the United States as dependents of long-term visa holders and who know America as their only home.

Specifically, the letter recommends updating the criteria laid down for Deferred Action for Childhood Arrivals or DACA, to include Documented Dreamers and adjusting the way USCIS determines an individual’s age when he or she files for adjustment of status in order to protect more Documented Dreamers from aging out of the system.
“These recommendations would improve our immigration system and protect young people who maintained status as dependents of long-term visa holders,” the legislators said.

These Documented Dreamers were raised in the United States, went to school here, and graduated from American colleges and universities, the letter noted.“As STEM graduates, high-performing students, and essential workers, they contribute significantly to our nation,” the letter says. However, due to the decades-long backlogs in the immigrant visa system, many of these individuals will turn 21, and “age out” of eligibility for their temporary visa status and for permanent resident status before they can complete the process, the legislators noted.

Others, such as the dependents of E-1 and E-2 nonimmigrants, have no path to permanent residence, emphasize the lawmakers, so that when they turn 21, and are unable to change their status they end up remaining in the U.S. illegally or go back to their parents’ home countries that they have hardly or never lived in. In the interest of ‘family unity’ these legislators offered recommendations that include updating DACA criteria to include individuals who had lawful status on June 15, 2012; and direct the USCIS to use the date that an individual can file an application for adjustment of status as the basis for calculating a dependent child’s age under the Child Status Protection Act (CSPA) Under the CSPA, the age of a dependent child is calculated based on “the date on whch an immigrant visa number becomes available.”

US Re-Launches International Entrepreneur Rule, to Help Foreigners Grow a Start-up Company

Staff ReporterBusiness, Economy, Immigration 0

The Biden Administration has revived the International Entrepreneur Rule which creates a pathway for foreign entrepreneurs to live in the U.S., with their families, and grow a start-up company. The International Entrepreneur Rule is different from an E-2 investor visa: Indian and Chinese entrepreneurs are not eligible for an E-2 visa, which is limited to citizens of countries with which the U.S. has a qualifying “treaty of commerce and navigation.” Approximately 80 countries throughout the world have such qualifying treaties, but India and China do not.

The program is often mischaracterized as a start-up visa program, but the organization Boundless Immigration explains that only Congress can create a whole new visa category. The rule is based on the Secretary of Homeland Security’s discretionary authority to grant “parole” in special circumstances. In the immigration context, “parole” means temporary permission to be in the United States. Forbes Magazine notes that 3.2 million foreign-born entrepreneurs operate businesses in the U.S., representing nearly 22 percent of all business owners versus just 14 percent of the broader population. They hold disproportionate numbers of patents for new technologies, employ 8 million people and are represented as founders at more than half of all venture-backed “unicorns,” companies valued at over $1 billion.

Despite several Congressional efforts, the U.S. does not have a start-up visa to support foreign entrepreneurs. The International Entrepreneur program was an initiative of the Obama Administration, and began as President Barack Obama ended his tenure in the White House. The Trump Administration attempted to end the program, but a federal court allowed the program to continue. The legal Web site JD Supra reported that only 30 applications were received between 2017 and 2019, and that only one application for international entrepreneur parole was actually approved during that time period.

The Department of Homeland Security announced the re-launch of the International Entrepreneur program May 10, noting: “It will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States. The program will help to strengthen and grow our nation’s economy through increased capital spending, innovation, and job creation.”

“Immigrants in the United States have a long history of entrepreneurship, hard work, and creativity, and their contributions to this nation are incredibly valuable,” said Acting USCIS Director Tracy Renaud in a press statement. “The International Entrepreneur parole program goes hand-in-hand with our nation’s spirit of welcoming entrepreneurship and USCIS encourages those who are eligible to take advantage of the program.” In an article written by Caleb Watney, Lindsay Milliken and Doug Rand — co-founder of Boundless Immigration — for the Innovation Frontier Project, the writers used DHS estimates to predict that 2,940 entrepreneurs would avail of the program each year, creating an average of 100,000 to 300,000 new jobs over 10 years.

To qualify for a visa under the program, foreign entrepreneurs must prove that they will provide a “significant public benefit because he or she is the entrepreneur of a new start-up entity in the United States that has significant potential for rapid growth and job creation,” according to the rule, which can be read in its entirety here: https://bit.ly/3gCiYLP. Boundless Immigration explains that the foreign entrepreneur must have a significant ownership stake in the start-up of at least 10 percent, and have an active and central role in its operations.

The start-up must have been formed in the United States within the past five years and demonstrated potential for rapid business growth and job creation. This can be demonstrated by attracting at least $250,000 from qualified U.S. investors, or $100,000 in awards or grants from federal, state or local agencies. Admission into a highly competitive start-up accelerator can also be used as a qualifier.

Entrepreneurs would be granted a two-and-a-half year visa, which can be extended for another two-and-a-half years, if the company meets qualifying criteria. The spouses and children of the entrepreneur are also granted a visa, and spouses are allowed to work. Up to three founders per start-up can apply for a visa under the International Entrepreneur Rule.

Bill Introduced Allowing Doctors on J-1 Visas to Stay Longer in Rural Communities

Staff ReporterEconomy, Immigration, Nation USA 0

U.S. Senators Amy Klobuchar, D-Minnesota; Susan Collins, R-Maine; Jacky Rosen, D-Nevada; and Joni Ernst, R-Iowa have reintroduced bipartisan legislation to increase the number of doctors able to work in rural and medically underserved communities, Klobuchar’s office said in a news release. The Conrad State 30 and Physician Access Reauthorization Act would allow international doctors to remain in the U.S. upon completing their residency under the condition that they practice in areas experiencing doctor shortages.  Senator Angus King (I-ME) is an original co-sponsor along with Senators John Thune (R-SD), Jeff Merkley (D-OR), Shelley Moore Capito (R-WV), Chris Coons (D-DE), and Roy Blunt (R-MO).

“We must provide opportunities for American-trained and educated physicians to remain in the country and practice in areas where there is an unmet need for quality care,” said Senator Collins. “By expanding access to health care in our rural and underserved communities, this bipartisan bill would promote healthier lives and ensure that families across the country receive the health care they deserve.”

“Over the last 15 years, the Conrad 30 program has brought more than 15,000 physicians to underserved areas, filling a critical need for quality care in our rural communities – a need that was highlighted during the coronavirus pandemic,” Klobuchar said in a statement. “Our bipartisan legislation would allow doctors to remain in the areas they serve, improving health care for families across the nation while retaining talent trained and educated here in the United States,” she added.

At the beginning of the coronavirus pandemic, Klobuchar led a bipartisan group of 19 senators and 29 members of the House in a letter to U.S. Citizenship and Immigration Services calling on the administration to waive restrictions that prevent doctors on certain employment-based visas from providing medical services in rural areas. She also led a letter to USCIS with 24 senators and 13 members of the House, urging the administration to resume premium processing for doctors seeking employment-based visas.

“The American Medical Association strongly supports this bill that would ensure all patients, regardless of where they live, have adequate opportunities to be treated by skilled physicians in their local communities,” said Dr. Susan R. Bailey, President of the American Medical Association. “The COVID-19 pandemic has shown the importance of rural and underserved areas having sufficient access to physicians and quality health care. Strengthening the Conrad 30 program is a vital part of making access happen.”

“Now more than ever, the U.S. must offer incentives and opportunities to trained physicians to work in areas of the country where we desperately need more excellent healthcare providers. The Conrad State 30 and Physician Access Reauthorization Act is a bipartisan effort to begin tackling our national physician shortfall, with a targeted focus on our rural and underserved area,” said Kristie De Peña, Vice President of Policy at The Niskanen Center.

“The latest extension of the Conrad State 30 Program will expire later this year, which is why we urge action to extend this critical program. Without timely reauthorization, patient access to care in the many communities that have benefited from these physicians may be threatened,” said Stacey Hughes, Executive Vice President of the American Hospital Association. “We also support the program improvements contained in the Conrad State 30 and Physician Access Reauthorization Act as part of this extension and stand ready to work with you and your colleagues to move this legislation forward.”

“NRHA applauds Senators Klobuchar, Collins, Rosen, and Ernst for reintroducing the Conrad State 30 and Physician Access Reauthorization Act. Rural Americans face greater health care workforce shortages than their urban counterparts, so we are proud to support this bill, which will help support the recruitment of physicians and the delivery of vital health care services in rural America,” said Carrie Cochran-McClain, Chief Policy Officer at the National Rural Health Association.

“Many highly trained hospitalists are immigrants and as COVID-19 has proven, they are crucial to our healthcare system, particularly in rural and underserved communities.  The Society of Hospital Medicine (SHM) strongly supports the Conrad State 30 and Physician Access Reauthorization Act to help ensure these communities have the healthcare workforce necessary to care for the patients who need them,” said Eric Howell, MD, MHM, CEO of the Society of Hospital Medicine.

Currently, doctors from other countries working in America on J-1 visas are required to return to their home country for two years after their residency has ended before they can apply for another visa or green card. The Conrad 30 program allows doctors to stay in the United States without having to return home if they agree to practice in an underserved area for three years. The “30” refers to the number of doctors per state that can participate in the program.

This legislation extends the Conrad 30 program for three years, improves the process for obtaining a visa, and allows for the program to be expanded beyond 30 slots if certain thresholds are met, while protecting small states’ slots. The bill also allows the spouses of doctors to work and provides worker protections to prevent the doctors from being mistreated. A version of the bill was included as an amendment in the comprehensive immigration bill that passed the Senate in 2013. The bill has received the endorsement of the Federation of American Hospitals, American Medical Association, the Niskanen Center, the American Hospital Association, the National Rural Health Association, the Association of American Medical Colleges, and the Society of Hospital Medicine.

Eagle Act 2021 Gives Hope To Indians Stuck In Green Card Backlog

Staff ReporterEconomy, Immigration 0

The Equal Access to Green cards for Legal Employment HR 3648 or the EAGLE Act 2021, introduced by Congresswoman Zoe Lofgren and Rep John Curtis, giving Equal Access to Green Cards for Legal Employment in the United States, is a welcome measure that is expected to do away with the  seven percent per-country cap on employment-based immigrant visas. Considered to be a relief for tens of thousands of Indian nationals stuck in Green Card limbo, a bipartisan legislation introduced in the House of Representatives aims to remove per-country limit on employment-based green cards. He gives these pointers explaining the bill’s advantages

According to experts, getting out of the backlog will provide them a chance to change jobs, to start their own companies, to make investments and a freedom from the bondage of their organization rules specially on changing jobs, promotions, etc. So, it may be worth a try to push for the bill and hope for the best.EAGLE Act of 2021 phases out seven percent per-country cap on employment-based immigrant visas. It also raises per-country cap on family-sponsored visas to 15 percent. While skepticism remains on whether this bill has the potential to become a law or would change the landscape of the green card backlog anytime soon, some immigration experts believe that a good bill is better than no bill.

San Francisco Bay Area-based Prashant Prasad, a volunteer for Immigration Voice, a grass roots organization representing the high skilled immigrants in the US, explains why the current bill may be good news. He says, “We started advocating for a simple bill which would remove the per country caps for employment based green cards many years ago. The primary purpose of this was to ensure that employment based green cards are given on a first come first served basis.

As per experts, here is how, the Act will benefit:

Professional

  1. Today about 80% of the people are not able to or do not change jobs because of the fear of starting the green card process all over again as it can take anywhere from 1.5 years to 4 years after most job changes.
  2. The increased restrictions on H-1B holders, means that people who have been here for many years and may well be experts in their areas, fear that their visas may not renewed for some flimsy reasons, as has been the case for the last few years.
  3. Losing a job for an H-1B visa holder means one has to find a job within 45 days (60 days today, but 15 days are required for LCA processing and H-1B filing) otherwise they have to leave the country with family.
  4. Many companies do not hire H-1Bs, due to restrictive company policies in recent years driven by the ever increasing restrictions on H-1Bs in the previous Trump regime.

Hence, when I switched jobs just before Covid impacted this company, the entire team of about 8-9 people, who were recently hired, had to look for new jobs. While I was lucky to land a job within the available timeframe, many of the companies for whom I was a perfect fit and wanted to hire me, could not do so, because they were not hiring H-1Bs.

  1. Ambitions get impacted as a majority of people just sacrifice career growth for the safety and stability of their jobs and hence the family.

Personal

  1. It is a big disruption. If one has to move their family back to India especially with kids who have grown up in America and do not deserve an abrupt change.
  2. My daughter came here when she was one year old and hence will not be covered by my green card process when she turns 21.

Even though she has grown up here, studied here, identifies with the school system here, has her friends here, I am worried that she will age out if I don’t get my green card before she turns 21. My priority date is 2014 and if no change happens in the law, I will probably not get a green card in another 20-25 years. There are many like me who live with the fear of kids aging out of the system.

  1. I studied at a college which is ranked among the best for entrepreneurship and I was very enthused to start an entrepreneurial venture of my own, while still in college.

However, being on H-1B has more or less killed that dream, as we always have the visa situation at the back of our minds. The bill if implemented will solve this problem for many.

  1. My wife, who herself is a M. Tech (Computer Science) and used to work in India, could not start working here for many years, until the H-4 EAD regulation came into effect.

Staying in a place where technology jobs are in abundance but unable to even try for one, was a very painful situation for her. H-4 EAD holders have been fighting a brave battle in the country from sacrificing careers to long wait for work permits. They do deserve a better deal than the current one.

  1. Issues like delaying decisions to buy a house, deferring international travel, in the last few years due to challenges with H-1B stamping etc. are also a major reason why H-1Bs are leading uncertain lives in America.

New USCIS Policy Provides Further Protections for Victims of Crime

Staff ReporterImmigration 0

U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to implement a new process, referred to as Bona Fide Determination, which will give victims of crime in the United States access to employment authorization sooner, providing them with stability and better equipping them to cooperate with and assist law enforcement investigations and prosecutions.

“Today we are taking steps to help victims of crime and promote public safety,” said Secretary of Homeland Security Alejandro N. Mayorkas. “These are individuals who have come forward to help law enforcement keep us all safe, but who are in need of a measure of protection for themselves as well. The Bona Fide Determination process is consistent with the Department’s statutory authorities and will ensure these individuals receive the support they need.”

“Victims of crime need a way to support themselves as they heal and continue their pursuit of justice,” said USCIS Acting Director Tracy Renaud. “This Bona Fide Determination process will allow U visa petitioners to work while they remain safely in the United States, providing valuable support to law enforcement to detect, investigate, or prosecute the serious crimes they have survived or witnessed.”

Through this new process, USCIS will issue employment authorization and grant deferred action to petitioners in the United States with pending U visa petitions that it determines are bona fide (made in good faith and without intention of deceit or fraud) and who merit a favorable exercise of discretion. To be considered bona fide, the petition must include a certification from law enforcement that the petitioner was a victim of a crime and that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of that crime.

Congress has capped the number of principal U visas available each fiscal year at 10,000, but since 2010 USCIS has received more than 10,000 U visa petitions each year. As a result of this high case volume, U visa petitioners now wait approximately five years before receiving a determination that allows them access to an employment authorization document and deferred action. This wait time not only leaves these individuals vulnerable to financial instability and fear of deportation, but it also can disincentivize victims from coming forward and cooperating with law enforcement. Through this policy update, victims with pending bona fide petitions will receive the stability they need as they rebuild their lives while working with law enforcement to investigate and prosecute criminal activity. This increase in victim cooperation will further fortify law enforcement’s ability to protect communities throughout the United States.

USCIS will deem a petition bona fide if:

The principal petitioner properly filed Form I-918, including Form I-918B U Nonimmigrant Status Certification;
The principal petitioner properly filed a personal statement from the petitioner describing the facts of the victimization; and The result of the principal petitioner’s biometrics has been received.USCIS will issue employment authorization and deferred action if, after conducting and reviewing background checks, the agency determines, in its discretion, that petitioners merit a favorable exercise of discretion and do not pose a risk to national security or public safety.This guidance is effective immediately and applies to all Form I-918 and Form I-918A petitions that are currently pending or filed on or after June 14, 2021.

Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking and other qualifying crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and who cooperate with law enforcement authorities during the investigation or prosecution of the criminal activity. In the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Congress specifically authorized DHS to grant employment authorization to a noncitizen who has a pending, bona fide petition for U nonimmigrant status. This guidance implements that authority.

This reform is one of a number of initiatives designed to eliminate complex, costly, and unjustified administrative burdens and barriers, and thus to improve our immigration processes.Visit Victims of Human Trafficking and Other Crimes to learn more about other protections for victims of crime, human trafficking and domestic violence.

Kamala Harris On Trip To Central America, Urges Illegal Immigrants, ‘Do not come to US’

Staff ReporterImmigration, Profile, Women 0

Harris warned Central Americans not to migrate to the US and said the administration will intensify efforts to combat corruption in the region, after meeting with Guatemalan President Alejandro Giammattei. “Do not come. Do not come.”

Vice President Kamala Harris offered an optimistic outlook for improved cooperation with Guatemala during her first ever visit abroad since she assumed office as the Vice President of the United States. Harris warned Central Americans not to migrate to the US and said the administration will intensify efforts to combat corruption in the region, after meeting with Guatemalan President Alejandro Giammattei. “Do not come. Do not come,” Harris said at a news conference in Guatemala City. “If you come to our border, you will be turned back.”

Speaking on her first overseas trip since taking office, she said the journey north was dangerous and would mainly benefit people smugglers.  Her comments, during a press conference after she met privately with Giammattei, underscored the challenge that remains even as Harris engages in substantive talks with the Guatemalan and Mexican presidents during a three-day visit to the region this week, her first foreign trip as vice president.“I want to emphasize that the goal of our work is to help Guatemalans find hope at home,” Harris said. “At the same time, I want to be clear to folks in this region who are thinking about making that dangerous trek to the United States-Mexico border: Do not come, do not come.”

In conjunction with Harris’ trip, the Biden administration announced that the Justice Department would create an anti-corruption task force and an additional task force to combat human trafficking and drug smuggling in the region. Harris also promised a new program focused on creating education and economic opportunities for girls there, among other new initiatives. And she told Giammattei that her goal in the region was to restore “hope” to residents so they no longer felt the need to flee their homeland for better opportunities in the U.S.

Harris’s trip is part of the Biden administration’s effort to address the so-called root causes of migration from Central America, after more than 200,000 attempts by migrants from the region to enter the US since the start of the year. President Joe Biden directed Harris to lead the effort to stem the surge in migration.Harris and Giammattei had a “very frank and very candid” conversation that included “the importance of anti-corruption and the importance of an independent judiciary,” she said. In April, the country’s legislature — controlled by Giammattei’s party — refused to seat an anti-corruption judge, Gloria Porras, a move criticized by US officials.

More than 178,000 migrants arrived at the border this April, the highest one-month total in more than two decades, according to US border officials. Of those migrants, more than 40% originated from the Central American region known as the Northern Triangle: Guatemala, Honduras and El Salvador. A central issue contributing to the border crisis is the corruption of government officials in the region, who have been accused of aiding in drug and human trafficking. Many migrants leaving the Northern Triangle say they are fleeing violence, discrimination and poverty.

The steady “brain drain” of locals has exacerbated problems caused by decades of political instability. These countries have also stressed that they are feeling the most adverse effects of global warming – most notably hurricanes – despite hardly contributing to climate change.The new announcements follow $310 million in humanitarian aid for Central America that Harris unveiled in April. US and regional leaders must “give the people a sense of hope that help is on the way and to then follow through, understanding that hope does not exist by itself,” Harris said earlier as her meeting with Giammattei began. “It must be coupled with relationships and trust. It must be coupled with tangible outcomes, in terms of what we do as leaders to convince people that there is a reason to be hopeful about their future and the future of their children.”

Republicans have criticized Harris’s effort, repeatedly noting that she has yet to travel to the US border. She said in response that the reason she’s in Guatemala is “because this is one of our highest priorities,” adding that she wanted to talk about “what we can do in a way that is significant, is tangible. I will continue to be focused on that kind of work as opposed to grand gestures,” she said.The Biden administration’s migration strategy is not yet fully formed, and Harris’s advisers have framed her first overseas trip as a fact-finding mission to help develop the policy. The final strategy is not expected to be released until after Harris returns to the US

US officials have said the Biden administration’s plan will center on improving economic conditions in Guatemala, Honduras and El Salvador so their citizens have less reason to leave. That strategy has been tried before with mixed results; those countries remain among the poorest in the Western Hemisphere and racked by violence.Harris regards corruption as a main driver of migration since it affects all sectors from the economy to criminal justice. She has pledged to work with non-governmental organizations and companies to direct assistance. Later Monday, she plans to meet with civil society leaders and entrepreneurs before flying to Mexico.

”These are efforts that have not been tried in the past that we believe will be quite productive,” Harris said. The benefits of greater US financial aid may be used to soften the blow of tough messages Harris and other officials are expected to send about cracking down on corruption and upholding democratic principles. The US has already condemned the government of El Salvador for a recent purge of the judicial branch and views Honduran President Juan Orlando Hernandez warily since federal prosecutors implicated him in a drug trafficking ring involving his brother.

Harris has been tasked by President Joe Biden with controlling a surge in migration at the southern border. Harris has described her task as finding solutions to tackle the root causes of the border crisis, including corruption and the lack of economic opportunities. Her staff say this first visit is primarily an information-gathering trip.

Cloudgen, A Tech Firm Admits To H1-B Visa Fraud Involving Indians

Staff ReporterBusiness, Immigration, Technology 0

A technology company has admitted to committing fraud to bring Indians on the coveted H1-B visas to the US, according to a federal prosecutor. JomonChakkalakkal, the corporate representative of Cloudgen, made the admission before a federal court in Houston, Texas, on behalf of the company on May 28, said acting federal Prosecutor Jennifer B. Lowery.

The prosecutor’s office in a news release circulated on Monday described the scam as a “bench and switch” ruse. It said that under the scam, in order to obtain the H1-B visas, Cloudgen submitted “forged contracts” showing that third companies had work for the persons it wanted to bring over.But once the employees came to the US there was no job for them and they were housed in different locations across the US, while Cloudgen would try to find work for them, according to the office.

“Such action gave Cloudgen a competitive advantage by having a steady ‘bench’ or supply of visa-ready workers to send to different employers based on market needs when the true process actually takes some time. Once workers had obtained new employment, the ‘switch’ would occur when the new third-party company filed immigration paperwork for the foreign workers,” the prosecutor’s office said. Cloudgen took a percentage of the worker’s salary, which amounted to nearly $500,000 from 2013 to 2020 when the scam took place, it said.

Chief Judge Lee Rosenthal of the Southern Texas federal court is to impose a sentence in September and it could be a fine of as much as $1 million and probation for five years.The prosecutor’s office said that Cloudgen was based in Houston, but on its website, the company lists an address in Manassas in Virginia. It also shows offices in Hyderabad, Canada and Romania. Chakkalakkal is described on the website as the senior vice president for sales.

US Supreme Court Restricts Green-Cards For Temporary Residents

Staff ReporterImmigration 0

A man exits the transit area after clearing immigration and customs on arrival at Dulles International Airport in Dulles, Virginia, U.S., September 24, 2017. REUTERS/James Lawler Duggan/Files. The Supreme Court ruled that people who entered the U.S. illegally can’t seek permanent residency just because they are now covered by a program that gives them temporary legal status.The justices on Monday, June 7, 2021, unanimously ruled against Jose Sanchez and Sonia Gonzalez, a married Salvadoran couple who received temporary protected status after El Salvador suffered a series of earthquakes in 2001. The ruling could affect thousands of people covered by the TPS program, which protects immigrants whose home countries are in crisis.

Writing for the court, Justice Elena Kagan said federal law allows green-card applications by temporary residents only if they were admitted into the country legally.“Sanchez was not lawfully admitted, and his TPS does not alter that fact,” Kagan wrote. “He therefore cannot become a permanent resident of this country.”The case divided immigration advocates from President Joe Biden’s administration, which defended what it said was a 30-year government practice of rejecting applications from illegal entrants. Biden’s team inherited the case from former President Donald Trump’s administration, which formalized the policy.

TPS currently covers hundreds of thousands of people from a dozen countries. More than 250,000 are from El Salvador, who under federal law must have had continuous presence in the U.S. since 2001. TPS shields recipients from deportation and lets them hold jobs legally.In 2007 Sanchez got an employment visa through his employer, Viking Yacht Co., and seven years later he sought to use that visa to get what’s known as an “adjustment” to permanent status for himself and his wife. U.S. Citizen and Immigration Services rejected the application in 2015.

The US Consulate in Mumbai Restarts Visa Services

Staff ReporterImmigration 0

One of the busiest consular operations in the world, the US Consulate in Mumbai has restarted consulate services as the covid cases are on the decline in recent days. The U.S. Consulate General in Mumbai is a branch of the U.S. Diplomatic Mission to India under the direction of the U.S. Embassy in New Delhi.  The U.S. Consulate General Mumbai is located in BandraKurla Complex, Mumbai.  The Consulate represents the United States in Western India, including the states of Maharashtra, Gujarat, Madhya Pradesh, Chhattisgarh, and Goa.

The Consulate provides an array of services to American citizens residing or traveling in our consular district, such as assistance in emergencies and help with passports and reports of birth.  It assist non-Americans with visas to the U.S., both for short visits and for immigration.  The Consulate can also assist Indian companies looking to invest or do business in the United States, and provide information on study and exchange programs in the United States.

Dosti House, Your American Space, is located at the Consulate in BandraKurla Complex, Mumbai, and provides information about the United States, programs on U.S. culture and society, and offers space to partners for programs on issues of mutual importance to the United States and India.  The Consulate also works in coordination with the U.S. Embassy in Delhi and Consulates in Kolkata, Chennai and Hyderabad to ensure a strong relationship between the United States and India.

The Consulate will continue to contact those people with appointments that were cancelled in April-May 2021 and Spring 2020, in chronological order, by visa category, with instructions to continue processing their cases.  The Consulate is also resuming 221(g) submission in all categories and the scheduling of routine cases through the National Visa Center, by visa category, as public health conditions allow.

Due to limited appointment availability, the Consulate is currently unable to reschedule any cancelled appointments directly, and availability for rescheduling may be very limited, with appointments unavailable at some times. Furthermore, in light of the unpredictability of the pandemics affects on the local population as well as possible outbreaks again, timelines and guarantees that the processing will continue without disruption, cannot be made.

New appointments can be made through the consular website for visa appointments. The post will add appointments as often as there is availability, but please expect appointment slots to fill quickly.  Please continue to monitor the website for appointment availability.  Detailed information on the current status of visa services and restrictions related to the COVID-19 can also be found on the consular webpage.

Please note that travel restrictions remain in effect in many states in India and the availability of appointments does not mean that you will be able to travel to the Consulate or a Visa Application Center (VAC).  Please ensure you will be able to travel before making an appointment.As appropriate, visa applicants should follow the instructions given to them for registering for appointments, and monitor their email address for confirmation and further information. Multiple separate attempts to contact the Embassy or Consulate will slow communication.

As of June 7, 2021, the U.S. Consulate in Mumbai is reopening Immigrant Visa Unit appointments of all types:

*Rescheduling of cancelled appointments
*SB-1 status and visa applications
*LPR services (boarding foil)
*Reissuance of expired visas
*K applications

OCI Card Holders Allowed To Visit India By Updating Their Newly Issued Passports

Staff ReporterImmigration, Travel 0

There are reports that OCI Card holders transiting through 3rd countries have been denied permission to board flights to India as these OCI cardholders were not carrying their old passport bearing its number in the OCI Card.

In view of the above, it is once again reiterated that it is mandatory to carry both old and new passports in case the OCI card holders are traveling on the strength of OCI card bearing old passport number in it.

  • The OCI guidelines on renewal which have been in force since 2005 are as follows:
  • OCI card is required to be re-issued each time a new passport is required by the cardholder up to the age of 20 years.
  • OCI card is required to be re-issued once and acquiring a new passport after completing 50 years of age.

The Government of India has given an extension in time till June 30th 2021 to get OCI Cards re-issued in accordance with the above guidelines. (Source: Consulate General of India, New York press release.)

The OCI card, which allows lifelong visa free travel to India with certain limitations to people of Indian-origin, was suspended by the Indian government on April 11 amidst a nationwide lockdown and travel restrictions due to the COVID-19 outbreak.
The sudden decision had created chaos and anxiety among the hundreds and thousands of Indian-origin people. A large number of them had taken to the social media platforms like Twitter to vent out their anger.The travel restrictions on those having OCI cards were subsequently relaxed, which so far has been mainly in the emergency categories, those travelling for work or minors with OCI card holders whose parents are Indian citizens.

US Immigration Announces Continuation of International Entrepreneur Parole Program USCIS Announces Open Application Period for Citizenship and Integration Grant Program

Staff ReporterImmigration, Travel 0

U.S. Citizenship and Immigration Services is accepting applications for two funding opportunities under the Citizenship and Integration Grant Program. The grant opportunities will provide up to $10 million in grants for citizenship preparation programs in communities across the country.

These competitive grant opportunities are open to organizations that prepare lawful permanent residents for naturalization and promote civic integration through increased knowledge of English, U.S. history, and civics. USCIS received support from Congress through appropriations to make these funding opportunities available to communities.

“It is critical that we provide immigrants pursuing citizenship and the organizations who help support their efforts with the tools to be successful,” said Secretary Alejandro Mayorkas. “The Citizenship and Integration Grant Program helps those preparing to become U.S. citizens to successfully integrate into American society. This administration recognizes that naturalization is an important milestone in the civic integration of immigrants, and we will continue to provide support for individuals hoping to establish new citizenship in our country.”

“USCIS is committed to empowering immigrants to pursue citizenship and the privileges that accompany it,” said Acting USCIS Director Tracy Renaud. “The Citizenship and Integration Grant Program equips immigrants with the tools they need to be successful throughout their journey to become new U.S. citizens and beyond. This year, USCIS is reaching out to more organizations that provide services to underserved communities to ensure that all who are eligible to apply for these grants—or to pursue naturalization—are able to do so.”

USCIS seeks to expand availability of high-quality citizenship and integration services throughout the country under the Citizenship and Integration Grant Program:

  • Citizenship Instruction and Naturalization Application Services:This opportunity will fund public or nonprofit organizations that offer both citizenship instruction and naturalization application services to lawful permanent residents. USCIS expects to award 33 organizations up to $250,000 each for two years through this opportunity. Applications are due by July 16, 2021.
  • Refugee and Asylee Integration Services Program:This grant opportunity will provide extended integration services with a focus on individualized programming to former refugees and asylees to attain the skills and knowledge required for successful citizenship. It will also provide other services that foster a sense of belonging and attachment to the United States. The program has expanded eligibility to include lawful permanent residents who were admitted or entered the United States as Cuban or Haitian entrants or individuals admitted on a Special Immigrant Visa. USCIS expects to award six public or nonprofit organizations with experience in serving refugees up to $300,000 each for a period of two years through this opportunity. Applicants must design an integration support program that provides a suite of services to program beneficiaries to promote long-term civic integration and citizenship. Applications are due by July 16, 2021.

USCIS expects to announce award recipients in September 2021.Since 2009, the USCIS Citizenship and Integration Grant Program has awarded about $102 million through 473 grants to immigrant-serving organizations. These grant recipients have provided citizenship preparation services to more than 279,000 lawful permanent residents in 39 states and the District of Columbia.

To apply for these funding opportunities, visit www.grants.gov. USCIS encourages applicants to visit www.grants.gov before the application deadline to obtain registration information needed to complete the application process.

For additional information on the Citizenship and Integration Grant Program for fiscal year 2021, visit www.uscis.gov/grants or email the USCIS Office of Citizenship at [email protected].For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook, and LinkedIn.

USCIS Temporarily Suspends Biometrics Requirement For Certain Form I-539 Applicants

Staff ReporterEconomy, Immigration, Travel 0

Effective May 17, 2021, U.S. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status.

In a May 13, 2021, notification (uscis.gov), the agency said it will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph.This suspension will apply through May 17, 2023, subject to affirmative extension or revocation of the suspension period by the USCIS director.

This temporary suspension will apply to applicants filing Form I-539 requesting the following:

  • Extension of stay in or change of status to H-4 nonimmigrant status;
  • Extension of stay in or change of status to L-2 nonimmigrant status;
  • Extension of stay in or change of status to E-1 nonimmigrant status;
  • Extension of stay in or change of status to E-2 nonimmigrant status (including E-2C (E-2 CNMI Investor)); or
  • Extension of stay in or change of status to E-3 nonimmigrant status (including those selecting E-3D).
  • This suspension will apply only to the above categories of Form I-539 applications that are either:
  • Pending as of May 17, 2021, and have not yet received a biometric services appointment notice; or
  • New applications postmarked or submitted electronically on or after May 17, 2021.

However, the agency clarified that it retains discretion on a case-by-case basis to require biometrics for applicants who meet the criteria above, and any applicant may be scheduled for an application support center (ASC) appointment to submit biometrics.Nevertheless, it said that Form I-539 applicants who have already received a biometric services appointment notice should still attend their scheduled appointment.

Effective May 17, 2021, Form I-539 applicants meeting the criteria above are not required to submit the $85 biometric services fee for Form I-539 during the suspension period. USCIS will return a biometric services fee if submitted separately from the base fee. For more details visit uscis.gov/news/In another notification, U.S. Citizenship and Immigration Services announced that the Department of Homeland Security is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur program from DHS regulations.

The International Entrepreneur (IE) parole program, first introduced in 2017, will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States. The program will help to strengthen and grow our nation’s economy through increased capital spending, innovation, and job creation.

Today’s announcement is consistent with President Biden’s Executive Order 14012: “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.” The executive order requires the secretary of homeland security to “identify any agency actions that fail to promote access to the legal immigration system.”

“Immigrants in the United States have a long history of entrepreneurship, hard work, and creativity, and their contributions to this nation are incredibly valuable,” said Acting USCIS Director Tracy Renaud. “The International Entrepreneur parole program goes hand-in-hand with our nation’s spirit of welcoming entrepreneurship and USCIS encourages those who are eligible to take advantage of the program.”

The initial IE final rule was published on Jan. 17, 2017, and was scheduled to take effect on July 17, 2017. This final rule guided DHS in the use of its parole authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through the potential for rapid business growth and job creation.

Prior to the effective date, DHS published a final rule to delay the implementation date of the IE final rule to March 14, 2018. This allowed DHS additional time to draft and seek public comments on a proposal to rescind the IE final rule. However, in December 2017, a federal court vacated the delay, requiring USCIS to begin accepting international entrepreneur parole applications consistent with the IE final rule. Since then, the program has been up and running, and USCIS continues to accept and adjudicate applications consistent with existing DHS regulations.

Under the IE program, parole may be granted to up to three entrepreneurs per start-up entity, as well as their spouses and children. Entrepreneurs granted parole are eligible to work only for their start-up business. Their spouses may apply for employment authorization in the United States, but their children are not eligible for such authorization based on this parole. Additional information on eligibility and how to apply is available on the International Entrepreneur Parole page. USCIS will plan information sessions and other outreach activities to ensure foreign entrepreneurs are aware of this opportunity and how to pursue it.

REAL ID Deadline Pushed Back To 2023 Due To Pandemic

Staff ReporterImmigration, Travel 0

Most U.S. fliers only think of travel documents when checking their passport is valid before an international flight. But as Real ID, a new federal law mandating which forms of identification will get passengers through airport security, takes effect, that mentality will need to shift.

New rules set strict regulations on what identification will be accepted by the Transportation Security Administration (TSA) at security checkpoints—even for flights within the U.S. In many cases, this means using a standard driver’s license will no longer get you onboard a plane. (The deadline for travelers to have a Real ID has been pushed back to 2023 due to COVID-19 delays.)

The deadline for Americans to obtain a REAL ID card has been pushed back once again due to the COVID-19 pandemic, the Department of Homeland Security announced last week. Here’s everything you need to know to ensure you have the right up-to-date identification for your travels.

What is the new Real ID rule?

The regulation is part of a law passed by Congress in 2005, which set new federal security standards for driver’s licenses and other forms of identification used to board planes in the U.S. The new standards apply to all states and territories. After the rules go into effect, driver’s licenses and other IDs that don’t meet the new requirements will not be accepted by the Transportation Security Administration for passing through airport security checkpoints.

Even if you have a TSA PreCheck or a Clear membership, you will need a Real ID-compliant form of identification to make it past airport security. A Global Entry card is considered Real ID–compliant and will be accepted under the new rules. Children under 18 get some leeway, as TSA does not require them to present identification when traveling with a companion within the U.S. As always, on an international trip, passports or other documents may be required by the airline or other agencies.

When does the rule change happen?

The new rules will go into effect on May 3, 2023—this deadline was pushed back three years due to coronavirus concerns. That’s the date that all U.S. residents need to have a Real ID-compliant driver’s license or other approved identification in hand to make it past airport security.

How do I get a Real ID driver’s license?

The majority of states are now issuing driver’s licenses that are accepted under the new rules. You simply need to visit your DMV to renew or replace your old license with a Real ID version. (This usually takes more documentation—and sometimes more money—than obtaining a driver’s license did in the past, and your state’s DMV website should have a list of the required paperwork.)

Advertisement

The Department of Homeland security also announced in February 2020 that individuals applying for a Real ID can now electronically submit the numerous documents required before arriving at the DMV. The move is an effort to help states and residents streamline the process to meet the May 2023 deadline. According to the U.S. Travel Association, an industry lobbying organization, “tens of millions of Americans do not yet possess REAL ID-compliant identification,” so the electronic document submission is a good step forward. The application process for a Real ID driver’s license includes showing documents such as a social security card, multiple proofs of address, and a birth certificate or passport, among others.

What other forms of identification work to board a plane under the new rules?

Valid passports or passport cards will still work to get you through security for domestic flights, and passengers will still need them to board international flights. Global Entry membership cards are also valid under the new regulations, as are various forms of military ID and other government-issued IDs. You can see a full list of accepted documents on the TSA’s website.

How do I know if my current driver’s license is acceptable under Real ID rules?

Real ID driver’s licenses are marked with a star in the top corner. (It’s worth noting one confusing state policy: Ohio. Its old licenses have a gold star, while its Real IDs have a black star.) Enhanced driver’s licenses—which are slightly different, but are issued by some states in addition to Real IDs and are also acceptable under the new rules—have a flag in the corner.

What happens if I show up at the airport without an acceptable ID under the new rules?

TSA says you will not be let through security, and you will not be able to fly. In rare occasions in the past, if a flier forgot their ID for a domestic trip, TSA might have worked with them to verify their identity in a different way—like by asking them certain questions about their personal information. But the agency says that after Real ID is implemented, those days are over. “TSA has no plans to provide an alternate verification process to confirm a traveler’s identity,” says TSA spokesperson Lisa Farbstein. “Counting on TSA to provide that option to travelers who do not have a Real ID-compliant driver license or identification card is not a good strategy.”

Indian Students To Benefit As Canada Offers Residency To 90,000

Staff ReporterEconomy, Immigration, Youth 0

Indian students will be the major beneficiaries of Canada’s new one-time immigration program which opened for applications last week. Under the program, over 90,000 international students and temporary essential workers, already in Canada, will be given permanent residence (PR).

Under it, 40,000 international students, 30,000 temporary workers in selected essential occupations and 20,000 temporary workers in health care will get permanent residence. To be eligible, international students must have completed a post-secondary programme in Canada in the last four years.

Foreign workers must have at least one year of Canadian work experience in a health care profession or another pre-approved essential occupation. Indian students will benefit proportionately more than others as they – numbering 220,000 last year – make up more than a third of all foreign students currently in Canada. Before the pandemic closed international travel, Canada had planned to admit 341,000 immigrants in 2020.

The new PR program aims at making up for the shortfall in immigration numbers in 2020 by prioritizing those already in Canada. Moreover, a record 401,000 new immigrants will be admitted in 2021.

Highlighting the significance of Wednesday’s programme, Immigration minister Marco Mendicino said, “The pandemic has shone a bright light on the contributions of newcomers in essential jobs, as we have recognized the caregivers, cooks and cashiers as our everyday heroes. With this new pathway, we are recognizing their key role in our economic recovery, allowing them to set down roots in Canada and help us build back better. Our message to them is simple: your status may be temporary, but your contributions are lasting-and we want you to stay.” (IANS)

U.S. Restricts Travel To & From India

Staff ReporterHospitality, Immigration, Travel 0

The U.S Embassy in India encourages U.S. citizens who wish to depart India to take advantage of currently available commercial flights. Airlines continue to operate multiple direct flights weekly from India to the United States; additional flight options remain available via transfers in Paris, Frankfurt, and Doha.

President Joe Biden has issued a proclamation restricting entry into the United States of certain nonimmigrant travelers who have been physically present in India. These restrictions will go into effect on Tuesday, May 4, 2021 at 12:01 AM EDT. The full text of the proclamation is available here.

The U.S Embassy in India encourages U.S. citizens who wish to depart India to take advantage of currently available commercial flights. Airlines continue to operate multiple direct flights weekly from India to the United States; additional flight options remain available via transfers in Paris, Frankfurt, and Doha.

The policy will not apply to American citizens, lawful permanent residents (LPR), or other people with these specific exceptions:

  • Any immigrant who has an unused or unexpired immigrant visa;
  • Any non-U.S. citizen spouse of a U.S. citizen or LPR;
  • Any non-U.S. citizen who is the parent or legal guardian of a U.S. citizen or LPR, provided that the U.S. citizen or LPR child is unmarried and under the age of 21;
  • Any non-U.S. citizen who is the sibling of a U.S. citizen or LPR, provided that both the non-U.S. citizen and the U.S. citizen or LPR sibling are unmarried and under the age of 21;
  • Any non-U.S. citizen who is the child, foster child, or ward of a U.S. citizen or LPR, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
  • Any holders of nonimmigrant visas in the following categories: C-1, D, C-1/D air and sea crew, A-1, A-2, C-2, C-3, E-1, G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6; or
  • Students who already possess a valid student (F or M) visa and who will begin their studies on or after August 1, 2021. (Note that direct travel to the United States from India with a student visa may begin no more than 30 days prior to the start date of a student’s classes.)

Visa holders with definite plans to travel who can demonstrate qualification for a National Interest Exception (NIE) may contact the U.S Embassy or  Consulate that issued their visa to request a national interest exception prior to travel. (The contact email for the Embassy in New Delhi is [email protected].) Your request must include the following information to seek an exception: last name, first name, date of birth, place of birth, country of citizenship, passport number, visa Number and category, travel dates, travel purpose, and national interest category–including a clear justification for receipt of a NIE.

Qualifying family members do not need a NIE or any pre-approval from the embassy or consulates. Travelers should bring proof of relationship when initiating travel to the United States. More details on NIEs are available here.

If you currently have a flight booked, or plans to travel to the United States but do not fall into an exception category, contact the embassy or consulate that issued your visa before departing, as you may not be allowed to travel at this time. General travel information between India and the U.S as well as information about COVID-19 within India, is available via the U.S. Embassy here.

This proclamation will remain in effect until terminated by President Biden. Thirty days after the proclamation, and then at the end of every calendar month, Secretary of Health and Human Services Xavier Becerra will recommend whether the president should continue, modify, or terminate this proclamation.

Note that the Centers for Disease Control and Prevention (CDC) has issued a Level 4 Travel Health Notice and the Department of State has issued a Level 4 Travel Advisory recommending against all travel to India. Level 4 is the highest advisory level due to greater likelihood of life-threatening risks. U.S. citizens who must travel to India are strongly urged to get fully vaccinated before travel and to continue to take personal health safety measures to protect themselves, including practicing social and physical distancing, cleaning hands with soap/hand sanitizer frequently, wearing masks, and avoiding crowded areas with poor ventilation.

The CDC’s broader guidance for fully vaccinated people–including information about when you should still wear masks and maintain social and physical distancing–is here; be sure to review our other vaccine availability and safety resources as well.

The U.S. told its citizens to get out of India as soon as possible as the country’s covid-19 crisis worsens at an astonishing pace.

In a Level 4 travel advisory — the highest of its kind issued by the State Department — U.S. citizens were told “not to travel to India or to leave as soon as it is safe to do so.” There are 14 direct daily flights between India and the U.S. and other services that connect through Europe, the department said.

Indian authorities and hospitals are struggling to cope with unprecedented covid infections and deaths. Official data on Thursday showed new cases rose by a staggering 379,257 over the prior 24 hours, another record, while 3,645 additional lives were lost. More than 204,800 people have died.

“U.S. citizens are reporting being denied admittance to hospitals in some cities due to a lack of space,” the website of the U.S. Embassy and Consulates in India said in a health alert. “U.S. citizens who wish to depart India should take advantage of available commercial transportation options now.” All routine U.S. citizen services and visa services at the U.S. Consulate General Chennai have been canceled.

According to the U.S. Centers for Disease Control and Prevention, anyone returning to the U.S. from overseas must have a viral Covid-19 test between three and five days after travel. Individuals who haven’t been vaccinated should also stay at home and self-quarantine for a week.

The South Asian nation now has the world’s fastest-growing caseload with 18.4 million confirmed instances. The virus has gripped India’s populace with a severity not seen in its first wave. Mass funeral pyres, lines of ambulances outside overcrowded hospitals and desperate pleas on social media for oxygen underscore how unprepared India’s federal and state governments are to tackle the latest outbreak.

The unfolding tragedy is prompting some of the world’s biggest corporations to organize aid. Amazon.com is harnessing its global logistics supply chain to airlift 100 ICU ventilator units from the U.S., and the equipment will reach India in the next two weeks. Microsoft Chief Executive Officer Satya Nadella said he was “heartbroken” by the situation and the tech behemoth is using its voice, resources and technology to aid relief efforts and help buy oxygen concentrators.

Blackstone Group Chairman Stephen Schwarzman said his private equity firm is committing $5 million to support India’s covid relief and vaccination services to “marginalized communities.” Local companies, too, are wading in, with the philanthropic arm of India’s most valuable company — Reliance Industries Ltd., controlled by Asia’s richest man Mukesh Ambani — pledging to create, commission and manage 100 ICU beds that will become operational mid next month.

As thousands of doctors, nurses and non-medical professionals work around-the-clock to save what patients they can, countries around the rest of the world are drawing up their bridges.

Within Asia, Hong Kong banned flights from India, as well as Pakistan and the Philippines, for 14 days from April 20. Singapore has barred long-term pass holders and short-term visitors who have recently been in India from entering. Indonesia is also denying entry to people traveling from India.

Further afield, the U.K. has added India to its travel ban list, and the United Arab Emirates and Kuwait have halted passenger flights from India. Canada last week banned flights from India and Pakistan for 30 days. Australia banned flights from India this week.

India Restricts Flights Until May 31st

Staff ReporterImmigration, Travel 0

India has extended the suspension on international commercial flight operations till May 31, 2021. However, international passenger flights under air travel bubble arrangements will continue.

“In partial modification of circular dated 26-06-2020, the competent authority has further extended the validity of circular issued on the above subject… regarding scheduled international commercial passenger services to/from India till 2359 hrs IST of 31st May, 2021,” the circular issued by the Directorate General of Civil Aviation (DGCA) said.

The circular said that the restriction shall not apply to international all-cargo operations and flights specifically approved by DGCA. Passenger air services were suspended on March 25, 2020 due to the nationwide lockdown to check the spread of Covid-19. Domestic flight services, however, resumed from May 25, 2020.

Meanwhile, the US has announced that starting May 4th, on the advice of the CDC (Centers for Disease Control,  COVID-19 experts, medical experts and national security advisors — travel restrictions will come into force for India,” Vice President Kmla Harris announced last week.

Harris, who was visiting Cincinnati, said, “There is no question that it (COVID surge in India) is a great tragedy, in terms of the loss of life, and as I have said before, and I will say again, we as a country have made a commitment to the people of India to support them.”

“And we’ve made already a commitment in terms of a dollar amount that will go to PPE (personal protective equipment) and a number of other things. But it is tragic. And, you know, my prayers go to the people on the suffering, the blatant suffering that is happening,” she added. President Joe Biden’s Spokesperson Jen Psaki said the restrictions were being imposed because “of extraordinarily high COVID-19 caseloads and multiple variants circulating in India.”

The restrictions cover South Africa, China, Iran, Brazil, Ireland, Britain and the 29 countries belonging to the common visa zone known as the Schengen Area. US citizens and legal residents and their immediate family members are exempt from the restrictions, as also are diplomats, but they are advised to follow precautions. They are asked to test themselves for COVID-19 between three and five days after arrival.

If those who are vaccinated test positive, they have to isolate themselves for seven days. Those who are not vaccinated are asked to self-isolate for seven days, regardless of the test results. At a news conference on Friday before the restriction was announced, White House Coronavirus Response Co-ordinator Jeffrey Zientsin said, “In terms of travel from India, we remain in very close contact with our foreign counterparts and are continuously monitoring the situation.”

“Our current inbound travel precautions and mandatory testing before travel — the quarantine for unvaccinated individuals and the retesting during that quarantine period — those are all in place for all international travel and have been effective,” he added.

New Restrictions For Travel To And From India

Staff ReporterHospitality, Immigration, Travel 0

Once thought to be nearing ‘herd immunity’ with rapidly declining case numbers, India is now the latest hotspot experiencing a rapid surge of COVID-19 cases. This time around, the country is seeing cases linked to a “double mutant” coronavirus variant – which has been shown to be even more contagious than the initial virus. With the benefit of hindsight, countries around the world are taking swift action to cut off international travel to try and stop or at least slow the spread of this new variant. Let’s take a look at the countries now taking action, as well as what specific measures are being taken.

The UK, Singapore, New Zealand, Oman, Kuwait, the UAE, Iran, Hong Kong and Canada have imposed restrictions on passengers arriving from India by allowing only citizens to enter their borders. With Iran and Kuwait also suspending flights from India on account of the Covid-19 surge here, a dozen countries have now imposed some form of fresh restriction on travellers from India to protect their jurisdictions from the virus spread.

Which countries have imposed restrictions?

The UK, Singapore, New Zealand, Oman, Kuwait, the UAE, Iran, Hong Kong and Canada have imposed restrictions on passengers arriving from India by allowing only citizens to enter their borders. Even passengers who have been to India in the previous 14 days or are transiting through an airport in India are not allowed to enter.

Other countries like France have imposed a strict quarantine routine for passengers arriving from India, while the US has issued an advisory asking people not to travel to India, even if fully vaccinated. Australia, on the other hand, has said that it will restrict the number of its citizens that can enter its borders from India.

Why did United Airlines cancel its flights out of Delhi?

US-based United Airlines has canceled its flights out of Delhi to destinations such as Newark, San Francisco and Chicago citing “ongoing Covid-19 travel requirement discussions with local authorities” that were impacting its ability to operate the flights. However, the airline later said that it was resuming its flights from Sunday. Also, its Mumbai flights continued to operate as per schedule.

Has the US restricted travel from India?

No, the US has not yet announced any fresh restrictions on travelers from India. But the US Centre for Disease Control and Prevention issued a non-binding advisory asking people to not go to India even if fully vaccinated. The US State Department has echoed this advisory. It must be noted though that the US Embassy in New Delhi has cancelled in-person visa appointments and interview-waiver appointments from April 26 till May 9 in light of “current pandemic conditions”. Emergency services for American citizens will continue and consulates in Chennai, Hyderabad and Kolkata will continue to offer limited visa appointments.

Air India cancels UK flights from April 24 to 30

National carrier Air India has decided to cancel flights between India and the UK from April 24 to 30. The move comes after Britain recently announced travel restrictions on non-UK and non-Irish citizens.

“Passengers who were to travel between India and UK, may kindly note that in view of recent restrictions announced by UK, flts from and to UK stand cancelled from 24th to 30th April ’21. Further updates regarding rescheduling, refunds & waivers will be informed shortly.”

“Between 24th to 30th April ’21 we are in a process to schedule once a week flight to UK from Delhi & Mumbai. Information regarding the same will also be updated on our Website and Social Media Channels.”

Recently, the UK said it will impose travel restrictions on air passengers coming from India due to the fast-spreading coronavirus variant in the South Asian country.

India was added in the ‘Red List’ of countries, or those countries whose citizens cannot freely travel to the UK. Reports had quoted UK Health Secretary Matt Hancock terming the decision as a difficult but a vital one to make.

As per norms, non-UK or Irish citizens will not be allowed to enter the European country post early morning on Friday. Presently, Vistara, Air India, Virgin Atlantic and British Airways operate flights between the two countries.

Last year, India had suspended all flights to and from the UK from December 23 in the wake of the new mutant strain of novel coronavirus found in the European country. (IANS)

Emirates suspends flight services to India from April 24

Dubai-based airline Emirates will suspend flight services to India from 11.59 p.m. of April 24. “Effective 24 April 2021 Saturday, 2359 local time Dubai and for the next 10 days, Emirates flights from India to the UAE will be suspended.”

“Furthermore, passengers who have transited through India in the last 14 days will not be accepted to travel from any other point to the UAE.”

Recently, the gulf country announced travel restriction on non-UAE citizens travelling from India. Non-UAE citizens will not be allowed entry into the country from April 25, for 10 days until May 4. The ban comes at a time when India is facing a massive surge in Covid-19 cases.

NFIA Organizes Virtual Meeting With Consulate Officials In Chicago, Discussing Issues Of Importance To The Community

Ajay GhoshCommunity, Immigration 0

(Chicago, IL: April 17, 2021) National Federation of Indian American Associations (NFIA), FIA Chicago, GOPIO and India community organizations in the Chicago region, came together and organized a virtual interactive meeting on Thursday, April 15th, 2021with Honorable Amit Kumar, Consul General of India in Chicago provided a forum for the Indian American community leaders to clarify several issues, mostly pertaining to Consular services that are of importance to the community.

In his address, Ambassador Amit Kumar pointed to how the Covid pandemic continues to remain uncertain with the emergence of new variants. “We see a surge in India,” he said and urged the community “to follow the guidelines set by CDC and stay cautious.” On another note, the Indian Envoy flagged off the 75th anniversary of India’s Independence (India@75) ‘Azadi ka Amrit Mahotsav.’ “We will be organizing a series of events to celebrate this momentous event. I welcome your suggestions as to how we can work together to make this historic event a memorable one for all of us,” he said.

In his opening remarks, Ajoy Kumar Dube, NFIA President set the tone for the meeting by saying, “NFIA along with its members organizations promote and foster goodwill between the people of the United States & the people of India. NFIA tries to cultivate and encourage unity among all Indian-American organizations and serves as a catalyst and as a forum for the fellowship, exchange of ideas, and representation of the interests of the Indian-American community. NFIA along with its member organizations provide, direct, develop or secure means from among the member associations, and other resources for educational and humanitarian causes for needy, disadvantaged and deserving groups and individuals.”

Mr. Dube said, “GOPIO and other Indian Community organizations have common interest of achieving better USIndia Relations. GOPIO has had interactive sessions with Indian Consulate and Embassy officials in the past and have discussed contemporary issues which are of concern to Indian American community and the Indian Diaspora at large. The event tonight, addressed by Ambassador Kumar and other officials of the Consulate will discuss some of the issues of common interest to the Indian Diaspora community.”

Ambassador Amit Kumar is a career diplomat and joined the Indian Foreign Service in 1995. He has wide ranging experience having served in Headquarters and in several Indian Missions abroad. He has dealt with both bilateral and multilateral work in diverse areas such as political, strategic and economic spheres. Prior to taking up his current assignment as the Consul General of India in Chicago, he was the Deputy Chief of Mission in the Embassy of India, Washington DC with Ambassador-rank.

Reflecting on the trajectory of Emerging US-India Relations – Role of Indian American community, Ambassador Kumar said, “The partnership between India and the United states is built on people to people connection. Indian Americans work in almost all areas, especially in healthcare, clean energy, digital tech, higher education, and  economic cooperation. NRIs play a critical role in enhancing the relationship. We look forward to leverage that cooperation,” he said.

On the recent announcement by the Government of India on OCI related issues, Ambassador Kumar said, “We have taken these steps to simplify measures with your participation and collaboration,” he told the leaders of the Indian American community. Government of India continues to simply the procedures and we are open to your suggestions.”

The Government of India on April 15, 2021 announced that the Overseas Citizen of India (OCI) cardholders will now be required to get their document re-issued only once at the age of 20 instead of multiple times needed currently. According to a Press Information Bureau statement, a person who has got registration as OCI cardholder prior to attaining the age of 20 years will have to get the card re-issued only once when a new passport is issued after his or her completing 20 years of age, so as to capture his or 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, it said. Currently, 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. “With a view to facilitate the OCI cardholders, the government has decided to dispense with this requirement,” it added.

Ambassador Kumar said, with a view to update the data regarding new passports obtained by the OCI cardholder, it has been decided that he/she shall upload a copy of the new passport containing his/her photo and also a latest photo on 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. “There has been a surge in OCI application, which has delayed the process,” the Ambassador warned.  He referred to travel to India and current travel restrictions on tourist visas to India due to Covid.

Coveying greetings from the GOPIO International, Dr. Thomas Abraham, current Chairman of GOPIO International and the Founder President of FIA and NFIA shared with the audience as to how we was instrumental in starting several organizations that are now pillars of the Indian American community around the world. “We want to see where there are common interests,” Dr. Abraham said. Referring to the New Administration in DC and that the there are several elected officials from the Indian American community at the federal and state levels, he urged them to utilize the achievements to build relationship between India and the US.

While welcoming the new measures to simplify the OCI cards, Dr. Abraham was cautious and said, “GOPIO strongly urges the government to treat OCI Card holders who have invested in business and creating jobs in India at par with Indian citizens and they shouldn’t be termed as foreign nationals by various Govt. agencies while doing business including manufacturing and research in India,” Dr. Abraham added.

Prominent among those who attended the event included, Raj Patel, President, FIA (Chicago Area); Babu K. Patel, Foundation Chair, NFIA; Sohan Joshi, Past President, NFIA; Satish Gabhawala, RVP, NFIA; Gladdon Varghese, GOPIO; Minhhaj Akhtar, Director At Large, NFIA; and Dr. Thomas Abraham.

The members and leaders of the community raised several issues especially how imposrtant it is for the Consulate to each out large PIO communities in the Chicago area; Cooperation with the Consulate on joint programs and cultural matters; Emergency Services to Indian American community members in need. The Consul and the officials from the Consulate answered and clarified several questions related to Passport, Visa and OCI Card Issues, Emergency Visa, Power of Attorney and other Consular matters. For more information or if you have an issue to be taken up with the Consulate in Chicago.

Asian Americans Are The Fastest-Growing Racial Or Ethnic Group In The U.S.

Abby Budiman and Neil G. RuizCommunity, Immigration 0

Asian Americans recorded the fastest population growth rate among all racial and ethnic groups in the United States between 2000 and 2019. The Asian population in the U.S. grew 81% during that span, from roughly 10.5 million to a record 18.9 million, according to a Pew Research Center analysis of U.S. Census Bureau population estimates, the last before 2020 census figures are released. Furthermore, by 2060, the number of U.S. Asians is projected to rise to 35.8 million, more than triple their 2000 population.

Hispanics saw the second-fastest population growth between 2000 and 2019, followed by Native Hawaiians and Pacific Islanders (NHPI) at 70% and 61%, respectively. The nation’s Black population also grew during this period, albeit at a slower rate of 20%. There was virtually no change in the White population.

The growth of the Asian American population in the U.S. comes amid reports of discrimination and violence against this group since the start of the coronavirus outbreak. In a Pew Research Center survey conducted in early March 2021 – before the fatal shooting of six Asian women and two other people in the Atlanta area on March 16 – 87% of Asian Americans said there is a lot of or some discrimination against them in society. In a June 2020 survey, 31% of Asians reported they had been the subject of slurs or jokes since the COVID-19 outbreak began, and 26% said they had feared someone might threaten or physically attack them because of their race or ethnicity. (Asian adults in both surveys were interviewed in English only.)

Average population growth of Asian Americans has slowed over the past two decades.The average annual growth rate of the Asian American population in the U.S. has slowed since 2000. From 2000 to 2005, it grew by an average of 3.9% per year. It dropped to 3.1% per year between 2005 and 2010, remained at that level between 2010 and 2015, and then fell to 2.4% per year between 2015 and 2019.
Despite the slowdown, the U.S. Asian population has still had one of the highest growth rates of any major racial and ethnic group in most years since 2000. The exception was between 2005 and 2010, when the growth rate among Hispanic Americans slightly outpaced than of Asian Americans (3.4% vs 3.1% per year).

The Asian American population has increased in every state and the District of Columbia over the past two decades. California had an Asian population of roughly 5.9 million in 2019, by far the nation’s largest. It was followed by New York (1.7 million), Texas (1.5 million), New Jersey (870,000) and Illinois (732,000). A majority of U.S. Asians (56%) live in these five states.

In terms of growth rates, North Dakota and South Dakota saw the fastest increases in their Asian American populations between 2000 and 2019. The Asian populations in both states more than tripled during that time. Indiana, Nevada and North Carolina also saw significant growth as their Asian populations increased by 183%, 176% and 175%, respectively.

California, Texas and New York saw the most robust numerical growth in their Asian American populations between 2000 and 2019. Together, these three states accounted for 43% of overall Asian population growth in the U.S. during that period. The number of Asian Americans grew by over 2 million in California, by 883,000 in Texas and by 617,000 in New York. Notably, the Asian population grew more in Texas than in New York during this span, even though more Asians still reside in New York.

In West Virginia, the Asian population increased between 2000 and 2019 even though the state’s overall population declined. The decrease in West Virginia’s overall population can be largely attributed to a decline in the state’s White population, which makes up a majority of the state’s populace.

In four other states, increases in the number of Asian Americans between 2000 and 2019 exceeded the state’s overall population growth. That was especially apparent in Michigan, where the Asian population grew by more than four times as much as the state’s overall population (151,000 vs. 34,000). New York, Illinois and Rhode Island had similar patterns, though to a lesser degree.
In two other states, Asian Americans accounted for more than half of statewide population growth from 2000 to 2019. Asians accounted for 83% of total population growth in New Jersey and 57% in Connecticut during this span.

F-1 Students Seeking Optional Practical Training Can Now File Form I-765

Staff ReporterEconomy, Immigration 0

WASHINGTON—U.S. Citizenship and Immigration Services today announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:

  • (c)(3)(A) – Pre-Completion OPT;
  • (c)(3)(B) – Post-Completion OPT; and
  • (c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.

OPT is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). Eligible F-1 students who receive STEM degrees may apply for a 24-month extension of their post-completion OPT.

“USCIS remains committed to maximizing our online filing capabilities,” said Senior Official Performing the Duties of USCIS Director Tracy Renaud. “The I-765 online filing option allows eligible students to file forms online in a more user-friendly fashion and increases efficiencies for adjudicators.”

The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. If an applicant submits Form I-765 online to request employment authorization on or after April 15, but is eligible for a different employment authorization category, USCIS will deny the application and retain the fee. As USCIS continues to transition to paperless operations, the agency will work to expand online filing for Form I-765 to additional categories.

Online filing allows applicants to submit forms electronically, check the status of their case anytime from anywhere, and receive notices from USCIS online instead of waiting for them in the mail. USCIS is using innovation and technology to meet the needs of applicants, petitioners and employees. Regardless of the paper or electronic format of an application or petition, USCIS is committed to ensuring a secure and efficient process for all.

Individuals can file 11 USCIS forms online, which can all be found on the Forms Available to File Online page. To file these forms online, individuals must first create a USCIS online account at https://myaccount.uscis.gov/. This free account allows them to:

  • Submit their forms;
  • Pay their fees;
  • Track the status of their case;
  • Communicate with USCIS through a secure inbox; and
  • Respond to Requests for Evidence.

USCIS continues to accept the latest paper version of these forms by mail.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook and LinkedIn

India Simplifies Re-Issue Process For OCI Cardholders,GOPIO welcomes the new directives simplifying the OCI Card process

adminCommunity, Immigration 0

USA based Global organization of People of Indian Origin (GOPIO International) whole heartedly welcomes the new directives from the government simplifying the process of maintaining OCI card.  “This will remove the confusion to many OCI card holders on the process of renewing the card at the age of 20 and 50 and one doesn’t have to go through the whole OCI card renewal process again,” said GOPIO Chairman Dr. Thomas Abraham. This will also encourage more overseas Indians to become OCIs and it will benefit India, through their travel, business and investment in India.

 “However, GOPIO strongly urges the government to treat OCI Card holders who have invested in business and creating jobs in India at par with Indian citizens and they shouldn’t be termed as foreign nationals by various Govt. agencies while doing business including manufacturing and research in India,” Dr. Abraham added.

The Centre said on April 15, 2021 that the Overseas Citizen of India (OCI) cardholders will now be required to get their document re-issued only once at the age of 20 instead of multiple times needed currently. According to a Press Information Bureau statement, a person who has got registration as OCI cardholder prior to attaining the age of 20 years will have to get the card re-issued only once when a new passport is issued after his or her completing 20 years of age, so as to capture his or 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, it said. Currently, 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. “With a view to facilitate the OCI cardholders, the government has decided to dispense with this requirement,” it added.

In a decision which 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 Ministry.  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 37.72 lakh OCI Cards have been issued by the Government of India.

 As per the extant law, 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 life[1]long visa for entry into and stay in India with a number of other major benefits attached to it which 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. With a view to facilitate the OCI cardholders, 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.

With a view to update the data regarding new passports obtained by the OCI cardholder, it has been decided that he/she shall upload a copy of the new passport containing his/her photo and also a latest photo on 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 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 a 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 acknowledgement 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 acknowledgement of his/ her documents in the web-based system. All the above services of uploading documents will be provided on gratis basis to the OCI cardholders.

As US Plans Vaccine Passports, ACLU Warns Of Privacy Breach

Staff ReporterImmigration, Travel 0

The US administration is working to establish a set of standards for people to prove they’ve been vaccinated against Covid-19. An administration official said last week that the White House is working with government agencies, tech companies and non-profit organizations to plan and coordinate the effort, which is likely weeks away from being finalized. White House press secretary Jen Psaki said, there will be no centralized universal federal vaccinations database.

The effort has gained momentum amid President Biden’s pledge that the nation will start to regain normalcy this summer and with a growing number of companies — from cruise lines to sports teams — saying they will require proof of vaccination before opening their doors again.

The administration’s initiative has been driven largely by arms of the Department of Health and Human Services, including an office devoted to health information technology, said five officials who spoke on the condition of anonymity to discuss the effort. The White House this month took on a bigger role coordinating government agencies involved in the work, led by coronavirus coordinator Jeff Zients, with a goal of announcing updates in coming days, said one official.

Some sectors, like the travel industry, are calling for a uniform system to verify Covid-19 vaccinations. Although the Biden administration previously said the federal government should not be involved in efforts to create such a system, they are now working to do just that.

The passports are expected to be free and available through applications for smartphones, which could display a scannable code similar to an airline boarding pass. Americans without smartphone access should be able to print out the passports, developers have said.

Other countries are racing ahead with their own passport plans, with the European Union pledging to release digital certificates that would allow for summer travel.

 Meanwhile, The American Civil Liberties Union says plans to roll out a standardized vaccine passport must account for social inequalities and privacy rights. Anything short is a “nonstarter.” ACLU senior policy analyst Jay Stanley warns “there’s a lot that can go wrong.” “Any proposal for vaccine credentials must be primarily paper-based, decentralized, and protect privacy,” he said in an article published on the organization’s website Wednesday.

Several organizations and tech companies have already started developing smartphone apps and other digital systems to store and verify vaccination information. The idea is to make it quick and easy for individuals wishing to board flights or attend events to verify their vaccination status.

Stanley said any system that is exclusively digital would alienate individuals and communities without access to mobile devices or knowledge how to use them, such as senior and low-income people, or those with disabilities. “There are a lot of people who don’t have cellphones, especially some of the most vulnerable people in our society,” Stanley told CNN. “Over 40% of people over 65 do not have smart phones, so any system must have a paper-based functionality or it’s a nonstarter.”

The ACLU recommends a system that’s primarily paper-based, but with a digital option, so that no one is left out.  “We don’t want people who can’t afford to have cellphones to be excluded from societal benefits,” Stanley said. “We want people to be able to go to concerts or private events even if they don’t own a cellphone.” Any passport system that tracks and records users’ whereabouts and actions is a bad idea, Stanley said.

In Win For Tech, Biden Lets Trump’s H1-B Visa Ban Expire

Staff ReporterCommunity, Immigration, Technology 0

President Joe Biden has let a pandemic-related ban on visas for certain temporary workers, enacted by former President Donald Trump, to expire Wednesday, March 31, 2021. The moratorium, which affected H-1B visas used by technology companies to hire foreign coders and engineers, was imposed last June. Biden has opted not to renew it.

Biden’s decision will please business groups from Silicon Valley giants to India’s IT services leaders, which had pressured the administration to lift the ban ever since the new president took office. Executives have grown frustrated that the directive was not immediately revoked, arguing it hurt U.S. companies.

In an update on Thursday, the US Department of State said visa applicants who were previously refused due to Trump’s freeze may reapply by submitting a new application. Visa applicants who have not yet been interviewed will have their applications prioritized and processed under the State Department’s phased resumption plan.

The Trump administration in June 2020 stopped the government issuing H-1B visas through an an executive order linked to the coronavirus pandemic. In October, Trump then placed new restrictions on H-1B visas for highly skilled foreign workers — rules that were struck down by a federal judge in December who said the administration failed to show “good cause” for issuing the rules on an emergency basis.

American tech firms, from Facebook to Google, rely on foreign talent to shore up domestic workforces. Infosys and Tata Consultancy Services traditionally dispatch Indian software engineers to work in tandem with their American clients, which include some of the largest Wall Street banks and technology corporations. It remains unclear whether Biden will ease visa restrictions in general, reversing curbs imposed by the former Trump administration.

Trump’s restrictions on guest-worker visas, which also covered non-agricultural seasonal laborers, au pairs and others, had been under review by the Biden administration. Biden last month withdrew a related Trump executive order that stopped the issuance of new green cards, citing the pandemic — a move that drastically cut legal immigration to the U.S. Trump had argued the policies were necessary to protect the American economy as it emerged from the pandemic-induced recession.

“To the contrary, it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here,” Biden said in a presidential proclamation at the time. “It also harms industries in the United States that utilize talent from around the world.”

The ban on guest-worker visas was not revoked at the same time. Temporary work visas are unpopular with labor unions and other worker groups who argue that they put American workers at a disadvantage to their foreign counterparts. Despite the Trump administration’s extension of the visa ban at the end of 2020, opponents of the restrictions had already found some success in court.

A federal judge in California granted a preliminary injunction on Oct. 1 in a lawsuit brought by several large business groups, including the National Association of Manufacturers and the U.S. Chamber of Commerce. The groups argued Trump exceeded his authority by imposing immigration restrictions in his June 22 proclamation.

The Trump Justice Department appealed that ruling to the San Francisco-based U.S. Court of Appeals for the Ninth Circuit. In February, the appellate court requested a status report from the parties by April 7.

OCI Cardholders Should Carry Both Old and New Passports, Though Not Required

Staff ReporterImmigration, Travel 0

Indian Americans have welcomed the Indian government’s recent announcement on Overseas Citizen of India (OCI) card holders not needing to carry their old passports while traveling to India. On March 29, the Indian consulate in San Francisco circulated a press release that carried two announcements about the OCI card.

“The timeline for re-issuance of OCI cards in respect of OCI card holders, who may be required to get their OCI card re-issued, has been extended till 31 December 2021,” read the first announcement.  Earlier it was until June 31, 2021.

The second announcement was: “Henceforth, the OCI card holders traveling on the strength of their existing OCI card bearing old passport number are not required to carry their old passport. However, carrying of the new passport is mandatory along with the OCI card.”

Recently, there has been some confusion circulating among Indian Americans with regards to travel to India.

As per media reports, OCI (Overseas Citizen of India) cardholders transiting through third countries have been denied permission to board flights to India as those OCI cardholders were not carrying their old passport bearing its number on the OCI card.

The article said that it was mandatory to carry both the old and new passports in case the OCI cardholders are traveling on the strength of the OCI card bearing the old passport number in it.

On March 26, the Consulate General of India’s office in San Francisco issued a press release, which stated the following: “Henceforth, the OCI card holders traveling on the strength of their existing OCI card bearing old passport number are not required to carry their old passport. However, carrying of new passport is mandatory along with the OCI card.”

Even though the Indian Ministry of External Affairs would be informing immigration officers around the world about this new regulation, there was still a slight chance that some officer in some country who was not up to speed on this new regulation, could create a problem.

Based on this, it would be wise to carry both passports to avoid any such situation when traveling to India. On the matter of re-issuance of the OCI card, the guidelines for the renewal are as follows:

  • OCI card is required to be re-issued each time a new passport is required by the cardholder up to the age of 20 years. This is requested due to the changes in appearance of the cardholder during their growth years.
  • Between the ages of 20 and 50, no re-issuance of the OCI card is required by the cardholder at the time of renewal of passport.
  • However, when the cardholder reaches the age of 50, the OCI card needs to be re-issued just once at the time of renewing the cardholder’s passport.

In order to further ease the travel of OCI cardholders to India, the Indian Ministry of External Affairs said that the timeline for re-issuance of OCI cards in respect of OCI cardholders who may be required to get their OCI card re-issued, has been extended till Dec. 31, 2021. The previous deadline was June 30, 2021.

Will Biden Deliver Green Cards To Indian American Physicians? NRI Doctors Organize Protest Rally In DC

Ajay GhoshHealth, Immigration, Nation USA 0

Every 7th patient in the United States is being treated by physicians of Indian origin alone. They are sought after and admired for their skills, dedication and compassion. Yet, when it comes to obtaining Residencies, work permits and Green Card, they are not treated fairly.

A growing shortage of doctors and nurses in the United States over the past decade has been exacerbated by the COVID-19 crisis. Fortunately, there are thousands of trained health professionals who want to practice in the United States. One-sixth of our health care workforce in the United States is foreign-born. Immigrant nurses and doctors play a vital role in our healthcare system, and their contributions are now more crucial than ever.

Every 7th patient in the United States is being treated by physicians of Indian origin alone. They are sought after and admired for their skills, dedication and compassion. Yet, when it comes to obtaining Residencies, work permits and Green Card, they are not treated fairly.
There and many other concerns were brought to light as a group of Indian American Doctors staged a protest rally in the nation’s capital on March 17th, 2021.

Physicians and healthcare professionals from India get a raw deal thanks to the green card backlog and per-country cap even though they are virtually the backbone of the healthcare system in the United States, pointed out the group of doctors of Indian origin who held a protest in Washington, DC.

One of the issues that concerns Indian nationals on work visas in the United States is the employment-based green cards. The Biden administration’s proposed legislation could boost the number of employment-based green cards. Currently, the maximum employment-based green cards that can be issued each year is 140,000. Biden’s proposed legislation would not only eliminate the per country cap but would also allow the use of unused visa slots from previous years. It will also allow spouses and children of employment-based visa holders to receive green cards while not counting them under the annual cap limit.

“Overall, we could have retained these high skilled immigrants and their families if the backlog situation were resolved by previous administrations,” said Pooja B Vijayakumar, a consultant and researcher on immigration. “The current immigration system is broken, and I hope that this issue is taken up seriously. In the future, the Biden administration has plans to hire more foreign workers, which is great, but this should be only done once the current green card backlog issue is addressed.”

As per current regulations, citizens of no single country can claim more than 7 percent of available green cards. That policy has resulted in creating a massive green card back log for countries such as India and China. According to some estimates, Indian Americans, who qualify for skilled worker visas, including Green Cards could wait for over a hundred years to get approved for Green Cards due to this country-based cap.

Four years of the Trump administration have been tumultuous as far as immigration is concerned. According to a recent report by Pew Research Center, the number of people who received green card declined from about 236,000 in the second quarter of the 2020 fiscal year (January to March) to under 78,000 in the third quarter (April to June). By comparison, in the third quarter of fiscal 2019, nearly 266,000 people received green card.

Immigrant doctors and nurses have been fighting to save American lives, living in the US for decades, paying taxes, contributing to the economy but they have no right to participate in any kind of democratic process, the protesters said through a media note.
President Joe Biden should take executive action and offer green cards to frontline healthcare workers, they demanded. “Yes, this is about the green card backlog,” Dr Raj Karnatak, an infectious disease and critical care physician from Milwaukee, Wisconsin, told indica News when contacted.

“More than green card, this is about how frontline healthcare workers are being disrespected. How Indians are being discriminated against,” he added. “Among high-skilled immigrants in the green card backlog, there are around 20,000 frontline healthcare workers serving on the frontline during the pandemic,” he said. The pandemic, he pointed out, has been brutal to frontline healthcare workers and their families.
“Many lost their lives, and on top of the Covid-19 crisis frontline healthcare workers have to face an inhumane green card backlog due to the archaic caps that allow no country to get more than 7 percent of employment-based green cards,” he said.

Another protester Dr Pranav Singh, a pulmonary and critical care physician, was quoted as saying in the media note: “We are frontline Covid warriors, and we are here to tell how we have been shortchanged into a life of perpetual indentured servitude. Each of us has a story. We are here from all over the country asking for justice. Justice that has precluded us for decades now.”

Dr Karnatak lamented that the immigrant healthcare workers from other countries get green cards within months to a year but high-skilled immigrants from India wait decades, and the current estimated wait time is 195 years.“We are being cut in line by every other country,” he said. “An unborn child in the womb in any other country who will grow up, go to school and college, and eventually will come to the US will get his/her green card before an Indian doctor already living in the US, serving the community, fighting pandemic on the frontline, contributing to the economy, paying taxes and being a good, law-abiding citizen.

“Is this the equal opportunity that America prides itself for?” he asked. He said that due to decades of backlog, many high-skilled immigrants are not able to change jobs because they fear losing their spot in the green card line, and are virtually indentured to one employer. They can only work in the specialty occupation the visa is allotted for decades, Karnatak explained.Many healthcare workers could not serve in Covid-19 hot spots as the visas are tied to the job and employer, he pointed out. Frontline healthcare workers in the backlog have children who despite living in the US for all their lives risk aging out and have to self-deport when they turn 21, he underlined.
“Frontline healthcare workers have aging parents in India and cannot sponsor them to come to the US. High-skilled workers must think thousands of times before deciding to visit family back home due to fear of visa rejections and getting stranded, and spouses who are on the dependent visa are being discriminated against and denied EADs (work authorizations) on time,” Karnatak said.

According to the Pew report, “In fiscal 2019, more than 188,000 high-skilled foreign workers received H-1B visas. H-1Bs accounted for 22 percent of all temporary visas for employment issued in 2019. In all, nearly 2 million H-1B visas were issued from fiscal years 2007 to 2019.”
There have been several Bills introduced in both the Chambers of Congress in rec3ent years, seeking to address the backlog issues. A bipartisan group of senators had in 2020 introduced new legislation Thursday to grant 40,000 unused green card slots to foreign health care workers needed to help U.S. medical professionals fight the coronavirus pandemic. Sen. Richard J. Durbin, D-Ill., a longtime stalwart of immigration-related legislation, unveiled the bill with his colleagues, Sens. David Perdue, R-Ga., Todd Young, R-Ind., and Chris Coons, D-Del.
The bill would authorize up to 25,000 immigrant visas to go to foreign nurses and up to 15,000 for doctors who are eligible to come to the United States or who are already here on temporary work visas. These immigrant visas would lead to employment-based green cards. The legislation would also allow U.S. Citizenship and Immigration Services to give out slots from a pool of previously unclaimed green cards for the families of these medical workers.

Now with a new president in town, all eyes are on him and his proposed immigration reforms. President Joe Biden has already announced his immigration agenda and is working toward boosting refugee admissions. However, when it comes to work-based immigration, there are a lot of questions on how the Biden administration proposes to work on them, especially on employment-based green cards and H-1B visas.
The Biden administration has for now decided not to implement a rule proposed by Trump that aimed at linking H-1B visas to wages.

The administration withdrew a notice —  issued just five days before Trump’s exit — regarding compliance with a law requiring US employers to pay H-1B visa foreign workers the same or more than Americans in similar jobs by both staffing agencies and their clients. There is also a proposal to provide permanent work permits to the spouses of H-1B visa holders.The Physicians of Indian Origin believe, now is the time and that President Biden can fix the long delayed immigration issues facing hundreds of thousands of well deserving qualified Indian Americans.

US House Of Representatives Pass Comprehensive Immigration Bills

Staff ReporterImmigration, Nation USA 0

Democratic Party led-US House of Representatives passed progressive immigration laws that seek to create a pathway to citizenship for children brought to the country illegally, migrant farm workers and immigrants who have fled war or natural disasters.

The US House of Representatives passed two bills on immigration reform on Thursday that would provide a pathway to citizenship for millions of DREAMers, Temporary Protected Status holders, and farm workers. But they also served as an early indicator of Republicans’ limited appetite to work with Democrats on the highly polarized issue of immigration, raising the question of whether a more ambitious, comprehensive overhaul is possible in the current political climate.

The bills, Democrats’ first stab at passing any sort of immigration reform since the start of the Biden Administration and taking control of Congress, passed with modest Republican support. But they face an uncertain future in the Senate as immigration is back in the national spotlight due to the surge of unaccompanied migrant minors arriving at the southern U.S. border. The emerging crisis has simultaneously highlighted the need for comprehensive immigration reform and raised questions about whether more sweeping action is possible as Republicans seek to link the influx to Biden’s immigration agenda.

Offering legal status to around 2 million undocumented children brought to the US, called “Dreamers” after a previous failed law called the Dream Act. These children were offered temporary protection from deportation by an Obama-era rule that Donald Trump had unsuccessfully tried to end — courts rejected his attempts.

Now the Democrats are seeking to create for them a pathway to citizenship. The bill will also benefit many undocumented Indian children, the Economic Times reports. The bills now need 60 votes in a Senate that is split 50-50 between Democrats and Republicans. Only after the Senate clears it can President Joe Biden sign it.

The American Dream and Promise Act and the Farm Workforce Modernization Act would grant DREAMers, some Temporary Protected Status holders, and farm workers the legal status they would need to pursue citizenship. Both bills are backed by the Congressional Hispanic Caucus.

That means 10 Republicans are to cross party lines and vote in favor, a highly unlikely scenario. The Democrat-controlled House had approved “Dreamer” and farm worker bills in 2019 by similar partisan margins, and both died in what was a Republican-run Senate.

CIS Reverts to the Simpler 2008 Version of the Naturalization Civics Test

Staff ReporterImmigration 0

U.S. Citizenship and Immigration Services announced today it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021.

On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update process. USCIS determined the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process. This action is consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems, which directs a comprehensive review of the naturalization process to eliminate barriers and make the process more accessible to all eligible individuals.

The 2008 civics test was thoroughly developed over a multi-year period with the input of more than 150 organizations, which included English as a second language experts, educators, and historians, and was piloted before its implementation. USCIS aspires to make the process as accessible as possible as directed by President Biden’s request to review the process thoroughly.

The civics test is administered to applicants who apply for U.S. citizenship through naturalization and is one of the statutory requirements for naturalizing. Applicants must demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States. The decision to naturalize demonstrates an investment in and commitment to this country. USCIS is committed to administering a test that is an instrument of civic learning and fosters civic integration as part of the test preparation process.

Applicants who filed their application for naturalization on or after Dec. 1, 2020, and before March 1, 2021, likely have been studying for the 2020 test; therefore, USCIS will give these applicants the option to take either the 2020 civics test or the 2008 civics test. There will be a transition period where both tests are being offered. The 2020 test will be phased out on April 19, 2021, for initial test takers. Applicants filing on or after March 1, 2021, will take the 2008 civics test.

The test items and study guides can be found on the Citizenship Resource Center on the USCIS website. USCIS has also updated the Policy Manual (PDF, 444.11 KB) accordingly; see Volume 12, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook and LinkedIn.

Joe Biden Unveils Plan To Help 11Million Immigrants Obtain Permanent Status

Ajay GhoshCommunity, Immigration, Nation USA 0

President Joe Biden’s proposed bill with the objective of long delayed and much debated immigration overhaul, known as the U.S. Citizenship Act of 2021, was introduced in US Congress on Thursday, February 18th, kicking off what will likely be one of his most difficult legislative challenges.

The legislation includes an eight-year path to citizenship for most of the roughly 11 million immigrants living illegally in the U.S., bolsters the nation’s refugee and asylum systems and calls for additional technology to be used to help secure the southern border. The citizenship path is not conditional on the implementation of border security measures, which had been a trade-off included in past immigration bills designed to earn Republican support.

Some, including farmworkers and people brought to the country as children — so-called Dreamers — will get an immediate path to permanent residency or a “green card,” allowing them to work legally. Others addressed include thousands of people in the United States under temporary protected status (TPS) due to violent upheavals or natural disasters in their home countries.

 

Biden announced on January 20, his first day in office, that he would pursue comprehensive reforms to immigration laws to lay out a more “humane” and “just” system. Biden called the policy reforms “long overdue” and said they were aimed at reversing the “misguided policies” of his predecessor Donald Trump, who mounted a hardline effort to halt illegal immigration, slash legal immigration and drive out undocumented immigrants, even those in the country for decades.

 

The new proposal aims to give legal protections to millions of people, mostly from Mexico and central America, who have lived in the country for many years, with homes, businesses and US-born children and grandchildren. “Immigration is an irrefutable source of our strength and is essential to who we are as a nation,” Biden said in a statement. “This is an important first step in pursuing immigration policies that unite families, grow and enhance our economy, and safeguard our security,” he said.

 

Democratic Senator Bob Menendez, a leading backer of the legislation, has said, many of the immigrants work in the farm, food, and healthcare industries that have been essential during the Covid-19 pandemic, while risking higher rates of coronavirus infection and death. Menendez called on Democrats to take advantage of their narrow control of both houses of Congress to push through the legislation.

 

“This blatantly partisan proposal rewards those who broke the law, floods the labor market at a time when millions of Americans are out of work, fails to secure the border, and incentivizes further illegal immigration,” said Republican Representative Jim Jordan.

Illegal immigrants in the country would have an eight-year process to get citizenship. A similar amnesty during Republican President Ronald Reagan’s administration in the 1980s legalized about 3.5 million illegal immigrants.

 

A major focus is the Dreamers, people brought to the United States illegally as children who grew up here. Biden was vice president in the administration of President Barack Obama, who sought citizenship for Dreamers, only to be forced to compromise with Republicans for short-term measures. Biden also wants a more forgiving policy at the border, ending Trump’s “zero tolerance” approach and reuniting families separated by it.

 

Among other things, this bill addresses issues that are fundamental to the wellbeing of South Asian communities, including language that:

 
· Creates an earned roadmap to citizenship for all 11 million undocumented immigrants, providing  Dreamers, TPS holders, and some farmworkers with an expedited three-year path to citizenship, and giving all other undocumented immigrants an eight-year path.

· Reforms the family-based immigration system to keep families together by recapturing visas from previous years to clear backlogs, including spouses and children of green card holders as immediate family members, and increasing per-country caps for family-based immigration. It also eliminates discrimination against LGBTQ+ families, provide protections for orphans, widows and children, and allows immigrants with approved family-sponsorship petitions to join family in the U.S. on a temporary basis while they wait for green cards.

· Updates the employment-based immigration system, eliminating per-country caps, improving access to green cards for workers in lower-wage industries, giving dependents of H-1B holders work authorization, and preventing children of H-1B holders from aging out of the system. The bill also creates a pilot program to stimulate regional economic development, and incentivizes higher wages for non-immigrant, high-skilled visas to prevent unfair competition with American workers.

· Supports asylum seekers and other vulnerable populations by eliminating the one-year deadline for filing asylum claims, reducing asylum application backlogs, increasing protections for U visa, T visa, and VAWA applicants, including by raising the cap on U visas from 10,000 to 30,000.

U.S. Citizenship Act of 202 Benefits for Indian Americans Awaiting Path to Legal Status

Staff ReporterBusiness, Community, Education, Immigration 0

According to the State Department, Indians with advanced degrees whose immigration applications were approved in 2009 and skilled workers and professionals whose applications were okayed in 2010 are still waiting for their green cards because each country regardless of size are allowed only 26,000 green cards each year, except for Canada and Mexico. Those wait times are only for those who applications are already approved, and it could run to centuries for those in the immigration queue.

 

Republican Senator Mike Lee has said that the wait times for Indian professionals stuck in the “awful, hellish green card backlog” because their applications are awaiting approval the wait is 195 years and could go up to 450 years in ten years without reforms. According to the think tank Cato Institute 200,000 Indian professionals in the green card pipeline would die of old age before their turn.

There are nearly 500,000 illegal immigrants from India and many Dreamers would benefit if the bill passes. The children under the category are known as “Dreamers” for their pursuit of the American Dream, which was initially part of the Obama Plan, which Trump had sought to cancel.

 

The bill introduced by Senator Bob Menendez and House of Representatives member Linda Sanchez seeks to remove the annual limits on green cards for each country, a measure that would allow more immigration from India.

 

The Bill wants to allow more permanent immigrant status or green cards for professional Indians, who have the longest wait for immigration, and cut their wait times. For some of those professionals, as per current wait period, it is as long as 80 years, due to cap on country-based Green based Green Card System.

 

Another important part of the bill that is more widely welcomed by the South Asian community is the provision to help children of those on H1-B professional employment visas who would have become ineligible for green cards if they reach 21 years before their parents qualify for immigration. They would be allowed to continue with H1-B visas. Under current regulations, the children lose their right to remain in the US when they turn 21 years if their parents are still waiting for green cards. Spouses of H1-B workers would also be allowed to work, a provision that former President Donald Trump tried to revoke.

 

Rep. Sanchez said in a statement that the reforms would grow “our economy by making changes to the employment-based immigration system, eliminating per-country caps, making it easier for STEM (science, technology, engineering and mathematics) advanced degree holders from US universities to stay, improving access to green cards for workers in lower-wage industries, and giving dependents of H-1B holders work authorization, and preventing children of H-1B holders from aging out of the system”.

 

It would also “create a pilot program to stimulate regional economic development and (it) incentivizes higher wages for non-immigrant, high-skilled visas to prevent unfair competition with American workers,” she added. The wage provision would set higher minimum wages for H1-B workers on par with prevailing local wages for comparable jobs.

 

Benefitting the relatives of immigrants, the Bill will allow them into the US to join their families while they await their green cards. Introducing the bill, Menendez said, “We have an economic and moral imperative to pass big, bold and inclusive immigration reform that leaves no one behind.”

 

The Bill has been widely recognized by the South Asian community in the US. Anirban Das, president of Skilled Immigrants in America (SIIA), an advocacy organization for H-1B visa holders and families, said, “The bill has some good points that we have always pushed for like eliminating country caps, exempting PhDs from American universities in STEM fields. At the same time, we are obviously concerned by the size of the bill,” Das told News India Times. “Things always get sticky with such bills with lots of amendments that eventually kill the bill.”

 

Das notes that currently there are around 1 million Indian immigrants in the backlog, or an estimated 300,000 families. Since 2010, no one has been given their green card. “It will take anywhere to 150 years for an Indian who files for a Green Card now  to get it, so they do not  have a chance,” Das notes.

SAALT, a coalition of South Asians in the US in a statement has welcomed the U.S. Citizenship Act of 2021. “Today, marks the introduction of the U.S. Citizenship Act of 2021, by Representative Sanchez (D-CA-38) and Senator Menendez (D-NJ). The bill is a historic piece of legislation that proposes a pathway to citizenship for 11 million immigrants, including more than 650,000 undocumented South Asians.”

India Issues New Guidelines For International Arrivals

Staff ReporterHospitality, Immigration, Travel 0

The Government of India has refreshed its guidelines for international arrival in a bid to curb the spread of the coronavirus, with a specific focus on those arriving from the United Kingdom, Brazil and South Africa.

 

Which international passengers are these new guidelines applicable to?

 

These new Standard Operating Procedures are applicable for all incoming international travelers coming in from the UK, Brazil or South Africa transiting through flights originating from the UK, Europe and Middle East. The broader categorization for these locations has been done because there are no direct flights between India, and Brazil and South Africa; and most of the passengers arriving from these countries arrive through transiting flights from Europe or Middle East.

 

What are the guidelines for international passengers arriving from these places?

 

In addition to the usual procedures of filing out a self-declaration form and submitting it on the Air Suvidha portal at http://www.newdelhiairport.in, those arriving on flights from the UK, Europe and the Middle East will have to get an RT-PCR test done prior to their flight and will be mandatorily subjected to self-paid confirmatory molecular tests on arrival at the Indian port of entry. If the outcome of these tests at the airport is negative, the passengers have to undergo home quarantine for seven days and then get re-tested. If they again test negative, they must self-monitor their health for another seven days. However, in case they test positive at any stage after arrival, they will be put in isolation and the treatment protocols will be applicable.

 

What do passengers needs to keep in mind?

 

For passengers taking onward flights to smaller airports after arriving at one of the international hubs in India like Delhi, Mumbai, Bengaluru, Chennai, Kochi, etc it will be mandatory to declare their final destination while filling out the self-declaration form prior to taking the flight. Upon arrival at the port of entry, like all other passengers in this category, they will have to go through the mandatory self-paid confirmatory molecular tests, and will be allowed on their connecting flights only if they test negative. Therefore, the government has recommended that for all those taking connecting flights within India, there should be a gap of at least 6-8 hours between the two flights. For example, if someone taking a flight from Johannesburg to Ranchi via Dubai and Delhi, there should be at least 6-8 hours of time between the flight arriving into Delhi from Dubai and the one departing from Delhi to Ranchi.

 

How will passengers arriving from Brazil, the UK and South Africa be identified?

 

The government has asked airlines to identify the international travellers arriving from or transiting through United Kingdom, Brazil and South Africa (during past 14 days) and segregate them in-flight or while disembarking to facilitate the authorities to follow the due protocol in respect of these travellers. The immigration officers of these airports will also ensure identification of travellers from their passports, who originated or transited from the UK, Brazil and South Africa during past 14 days.

 

What about other international passengers?

 

For other passengers not falling in this category, the rules remain the same and they will be subject to the existing exemptions and quarantine norms upon arrival. However, all those who came in contact of travelers arriving from UK, South Africa and Brazil who test positive (either at the airport or subsequently during home quarantine period), shall be subjected to institutional quarantine in separate quarantine centers and would be tested on the seventh day (or earlier if develop symptoms). These will supersede all guidelines issued since August 2, 2020.

 

“This Standard Operating Procedure shall be valid w.e.f. 22nd February 2021 (23.59 Hrs IST) till further orders,” the Ministry of Civil Aviation said in a statement on Wednesday.

The guideines have been divided in three sections based on the origin of travel.

All international travellers except those coming through flights originating from United Kingdom, Europe and Middle East will be required to submit a self-declaration form on the online ‘Air Suvidha’ portal before the scheduled travel.

 

They would also need to upload a negative Covid-19 RT-PCR test report. This test should have been conducted within 72 hours prior to undertaking the journey.

 

“Each passenger shall also submit a declaration with respect to authenticity of the report and will be liable for criminal prosecution, if found otherwise,” the guidelines said.

According to the guidelines, all international travellers coming or transiting through flights originating from the United Kingdom, Europe and Middle East have to additionally submit a Self-Declaration Form (SDF) for Covid on the online ‘Air Suvidha’ portal before the scheduled travel and will be required to declare their travel history of the past 14 days.

 

“While filling SDF, apart from providing all other information required in the SDF, passengers need to select: Whether they plan to disembark at the arrival airport or take further flights to reach their final destination in India.”

 

“Based on this selection, the receipt of SDF will display ‘T’ (Transit) in easily readable and bigger font than other text. The passengers will need to display this receipt to the state authority or government officials at the airport for segregation.”

 

As per the guidelines, travelers from the UK, Brazil and South Africa taking connecting flights from the international airport they land at will have to give a sample at designated area and exit the airport only after confirmation of negative test report which may take 6-8 hours.

 

“Those transit travelers from UK, Brazil and South Africa who are found negative on testing at the airport shall be allowed to take their connecting flights and would be advised quarantine at home for 7 days and regularly followed up by the concerned state or district IDSP. These travelers shall be tested after 7 days and if negative, released from quarantine, and continue to monitor their health for a further 7 days.” (IANS)

IAPC Atlanta Chapter Initiates Discussion on Pravasi Issues

Dr.Mathew JoysCommunity, Immigration 0

Indian Pravasis around the world face enormous issues in their struggle for existence. Indo-American Press Club, with its chapters around major cities in the USA and Canada, has been a growing influence among media professionals and having its united voice heard at the higher levels of power.

 

IAPC Atlanta Chapter hosted the “Pravasi Questions 2021” zoom meeting on Saturday, Feb 13th. Consul General of Atlanta Dr.Swati V Kulkarni, Ambassador Pradeep K Kapur, IAPC chairman and author Dr. Joseph M Chalil made this meeting a diplomatic powerhouse.

 

“Vaccine Maitri has emerged as a successful program which is helping the Indian community enormously during the year-long pandemic struggle. We are also proud to say that with its vast resources, India has become the pharmacy of the world,” remarked Dr. Swati Kulkarni in the opening address.

 

The Zoom Meeting with participants from the USA and Canada commenced with the welcome address by Jomy George, Secretary of the Atlanta Chapter. Annie Anuvelil, Secretary of, National Executive Committee, introduced Ambassador Pradeep Kapoor and Dr. Joseph Chalil to the session. IAPC Director Kamlesh Mehta introduced and invited Dr. Swati Kulkarni to commence the discussion on the crucial issues facing by the Pravasis.

 

Consul General addressed many key issues and developments from the perspective of Govt. of India. Vande Bharat mission during the Pandemic was an all-time success across the globe to bring in the Indian citizens home. Vande Bharat helped 700 stranded Indian citizens in the USA to return to India. The New Budget helped the Indian diaspora to raise its goals. Also, the new budget is designed to honoring the honest, human-centric, inclusive, and whole. The Govt. wants to stop the violence and resolve agriculture issues.

 

Ambassador Pradeep Kapoor elaborated on the background and features of Dual Citizenship and explained the issues and constitutional changes required to pass the Dual Citizen Bill. India is a welcoming country for centuries from people around the world. Terrorism is a threat for the Govt. to pass the law to allow to have other nationalities to take citizenship. But a collective request and memorandum from various groups and organizations across the globe can change the views of the government on Dual citizenship.

 

Regarding the question on the uniform procedure on getting business loans in India, Ambassador mentioned that the cost of a loan in India is very high compared to most foreign countries. He also elaborated the functioning of various levels of the embassy, ministry of foreign affairs, and forum for redressal of public grievances, where Pravasi can address various issues. Ambassador encouraged IAPC to act as a responsible forum to represent various Pravasi issues to the Govt. of India.

 

Dr. Joseph Chalil addressed the issues on the scope of investing in India and insurance for elderly parents in India, explained with various suggestions and recommendations.

Dr. Mathew Joys, Vice Chairman, in his closing remarks, added that IAPC would be continuing with more episodes of topics on social importance and proceed ahead with the recommendations derived during these high-level discussions. He thanked IAPC Atlanta chapter secretary Jomy for moderating the discussion and other chapter members involved and worked to make this meeting flawless.

India Eases Norms, Allows NRIs to Incorporate One Person Companies

Staff ReporterBusiness, Immigration 0

The Ministry for Corporate Affairs (MCA) in India has amended the rules to allow One Person Companies (OPC) to grow without any restrictions on paid up capital and turnover. An official statement said that the amendment would allow their conversion into any other type of company at any time, reduce the residency limit for an Indian citizen to set up an OPC from 182 days to 120 days and also allow Non-Resident Indians (NRIs) to incorporate OPCs in India.

According to the government, the move will directly benefit startups and innovators in the country, especially those who are supplying products and services on e-commerce platforms, and will bring in more unincorporated businesses into the organised corporate sector.

In addition, the fast track process for mergers under the Companies Act, 2013 has also been now extended to also include mergers of startups with other startups and with small companies, so that the process of mergers and amalgamations is completed faster for such companies.

Previously, NRIs were not allowed to incorporate OPCs. Now any natural person, who is an Indian citizen, whether resident in India or otherwise would be allowed to form an OPC, as per the relaxations proposed in the budget.

For being considered as a resident in India, the residency period has been proposed to be reduced to 120 days from 182 days for NRIs.

Further, the limitation of paid up share capital of Rs 50 lakh and average annual turnover during the relevant period of Rs 2 crore for OPCs is being done away with, so that there are no restrictions on the growth of OPCs in terms of their paid up capital and turnover. (IANS)

(Picture: Economic Times)

Indian Diaspora: A Strategic Asset

Ashok SajjanharCommunity, Immigration 0

The Indian diaspora spread throughout the world is a potent instrument of India’s vibrant soft power. It is one of the most robust and influential strategic assets in the hands of Indian policy makers today. It is being used increasingly to leverage the success of the Indian diaspora around the world and its keen desire to contribute to India’s economic development and enhance its status and prestige in the world.

People of Indian origin, non-resident Indians and overseas citizens of India have lived outside the country for centuries and millennia. In the initial years they went out for trade over the Silk Route to Central Asia and the Caucasus, to Southeast Asia as teachers, scholars and traders, and to African and Asian countries as indentured labour. In more recent years they have gone as students, as businessmen, professionals, entrepreneurs, scholars and for myriad other purposes. Their numbers, prosperity, profile and influence have continued to grow rapidly since India’s independence more than 70 years ago. This has provided a unique opportunity to the Indian establishment and decision makers to utilise their standing and networks in different parts of the world to promote understanding and cooperation between India and their host countries.

Historical Evolution 

Even as far back as the bronze age (3,300-1,200 BCE), evidence has been uncovered of “Indus periphery” population living in Central Asia. The modern Indian merchant diaspora in Central Asia and Arabia emerged in the mid-16th century and remained active for over four centuries. Astrakhan at the mouth of the Volga was the first place in the Tsardom of Russia where an Indian merchant colony was established as early as 1610. 

Another major emigration from the Indian subcontinent was to Southeast Asia. The first wave to this region appears to have occurred when Emperor Ashoka embraced Buddhism in the aftermath of his conquest over Kalinga and sent his senior priests to Southeast Asia to preach the gospel of Lord Buddha. The influence of Indian culture is still strongly felt in Southeast Asia with the royal Brahmins of Thailand (Rajkru) performing all state functions of the palace, celebration of festivals like Songkran (Water Festival), Loy Krathong (Festival of Lights), presence of architectural master-pieces like the Angkor Wat, Borobudur and Yogyakarta temples, remnants of Champa civilization in Vietnam etc. These are just a few examples of Indian presence in Southeast Asia from 300 BCE onwards.

During the mid-19th century until the end of World War I, much of the migration that occurred was of Girmitya indentured workers to other British colonies. The major destinations were Mauritius, Guyana, Trinidad and Tobago, Suriname, other parts of the Caribbean, Fiji, Réunion islands, Seychelles, Malay Peninsula, East Africa and South Africa.

After Indian independence in 1947, Indian nationals travelled extensively to USA and other countries in the west to pursue higher studies as also to realise their dreams of a better future by participating in the rapid economic growth of America and the west in the post-World War II years. Following the oil boom in West Asia starting from the ‘70s, large numbers of Indian professionals as well as skilled and semi-skilled blue collar workers migrated in large numbers to countries in the Gulf region including UAE, Saudi Arabia, Oman, Qatar, Kuwait and others. 

Government Policy to Engage the Diaspora

The first concrete steps to positively leverage the potential of the Indian diaspora were taken by the government of Prime Minister Atal Behari Vajpayee by establishing a High Level Committee on the Indian Diaspora in September 2000. This committee was entrusted to prepare a comprehensive report on the Indian Diaspora, informing the Indian public of the achievements of the Indian origin nationals abroad, sensitizing it to their problems and their expectations from their mother country, proposing a new policy framework for creating a more conducive environment in India to leverage these invaluable human resources – and thus forging stronger ties between the Indian origin residents abroad and their mother land. 

In pursuance of the extensive recommendations by this Committee, long and short term comprehensive policy measures were unveiled in subsequent years to engage India’s diverse diaspora such as launching of PIO (Person of Indian Origins) card scheme, organizing annual Pravasi Bharatiya Divas on 9th January (the day on which Mahatma Gandhi returned to India in 1915 after his twenty-two-year sojourn in South Africa), giving out Pravasi Bharatiya Samman Awards, offering OCI (Overseas Citizens of India) cards and so on. A separate Ministry of Overseas Indian Affairs was established which took several new initiatives for engaging the diaspora. 

The Fresh Impetus

Some of the most consequential and momentous steps to engage the Indian diaspora have been initiated by Prime Minister Narendra Modi. Prime Minister Modi, during his visit to the USA in September 2014, soon after assuming office, to address the UN General Assembly spoke to a crowd of more than 20,000 Indian Americans as well as Indian Passport holders at the historic Madison Square Garden in New York. No other foreign leader had addressed such a huge crowd in USA before this. 

The 4.2 million strong Indian American community in America accounts for a little over 1% of the total US population of 330 million but its influence transcends far above this figure. It is the most highly educated and most prosperous immigrant community in the USA. Most Indian Americans in the US are professionals who have earned high respect for themselves in the society. They are also politically influential and are wooed and sought by both the major political parties. Because of the fact that most of them are prosperous, they also contribute significantly financially to the coffers of the two parties. Increasingly large numbers of them are also contesting and getting elected to the House of Representatives or Senate and even as Governors of States. 

It is a matter of satisfaction that in addition to Kamala Harris who has created history by becoming the first woman, first African American and first Indian American to become the vice-president of America, about twenty Indian Americans have been tapped by President Joe Biden to be members of his team. It should of course be borne in mind that all of them will work to promote American interests and power. It would however be reasonable to expect that most of them will be able to bring a clearer understanding and better appreciation of the challenges, aspirations, achievements and opportunities offered by India. 

The 8 million strong Indian diaspora in the Gulf countries is a treasured resource for enhancing collaboration with the host countries. Indians in the Gulf remit more than US$ 40 billion annually to India out of the US$ 80 billion received globally. These inflows go a long way to shore up India’s current account deficit as also provide a significant economic impetus to States like Kerala, Andhra Pradesh and others who are among major recipients of these funds.Some of these Indian nationals were repatriated back to India recently on account of the coronavirus pandemic, the recipient countries are keen to invite them back as the economic situation normalizes because of the important contribution they make to the economies and societies of the host countries.   They act as effective bridges of friendship and cooperation between India and these countries.

During the last 6 years India has emerged as a caring and nurturing motherland of the Indian diaspora stationed overseas. Starting with the former External Affairs Minister Sushma Swaraj and extending to the current incumbent Dr S Jaishankar, the leaderships and the Indian embassies are ready and available to provide succor, help and relief to members of Indian diaspora in distress, whether in conflict zones as happened in Yemen or during natural disaster like earthquake of Nepal etc.  

Conclusion

Nearly 2% of Fortune 500 companies are led by Indians eg, Mastercard, Adobe, Google, Microsoft, IBM and several others. The investment world is also spearheaded by famous Indian figures such as Vinod Khosla. Globally, Indian business figures like Piyush Gupta and Vasant Narasimhan head DBS Bank and Novartis respectively. The Indian government provides a welcoming environment to the Indian diaspora to invest in India. This is a win-win proposition for the investors, for India as well as for the countries where the diasporas are based. Going forward, India should pro-actively reach out and provide all facilities to encourage increasing inflows of capital,technology and supply chains to India. 

PM Modi has continued to reach out and connect with members of the Indian communities in all countries he has visited over the last six years. To each country he visited he carried special gifts in terms of providing OCI cards, e-visas, better facilities and privileges in India, and more opportunities to expand cooperation between India and its diaspora dispersed all over the globe. The Indian pravasis can play a pivotal role in the movement to make Bharat truly Atmanirbhar in the challenging global circumstances that we confront today.

 

(Picture: Global Village Space)

Biden Orders Allowing H4 Work Permits

Staff ReporterFinance/Economy, Immigration, Technology 0

“Withdrawn”. A single word on a thick bureaucratic file on the seventh day of the Biden administration delivered a huge win for spouses of workers on H1B visas in the US who spent the last four years worried sick that their work authorizations would be killed off.

The latest development brings to an end years of effort by the Donald Trump administration to rescind an Obama era regulation that allowed a certain subset of spouses of H1B visa holders to work in the US. Up until the summer of 2015, H4 visa holders could not legally hold paid employment in the United States. Almost as soon as Obama changed the game, the lawsuits followed and then the Trump presidency took the attack on the H4 work permit to a whole new level.A

On text messages, chat groups and online threads, the outpouring of relief played out online on Tuesday evening. “Great news! Hopefully H4EAD delays will be ending soon which is leading to a long wait for dependent spouses,” tweeted Rashi Bhatnagar.

Sharmistha Mohapatra posted, “Big win for H4 EAD holders today. Former Pres Trump’s EO to rescind H4 EAD is now withdrawn by POTUS. Let’s hope excruciating long wait times often resulting in job loss is taken away too!”

From the time the skewering of the H4 work permit (called the EAD) began in Fall 2017, the proposed rule has been published seven times for ongoing review, keeping the H4 community on cliff-edge. The Trump government justified the move saying it is “economically significant” and aligns with the “Buy American and Hire American” executive order, which was mostly code for keeping foreign workers out of the US and flinging red meat to the Trump base. Now, the backlink to that Trump executive order ends up as a 404 (page not found) error and re-routes to the Biden White House.

“Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” was a Trumpian agenda pursued by White House immigration hawks with intense zeal and inter-agency collaboration. It was being reviewed by the Office of Management and Budget (OMB) and Office of Information and Regulatory Affairs (OIRA), where it was parked for months. The pressure on the H4 community never really let up since Trump took office.

The decision to rescind the proposed rule on revoking the H4 work permit came on the same day Biden signed an executive order calling for the practice of racial equity in the United States. Data from the US government show that Indian and Chinese workers account for the lion’s share of H1B visas. H4 visas typically follow the same trajectory. Indians filed 74 per cent of all H1B petitions in fiscal year 2019. Chinese filed 11.8 percent. (IANS)

AAPI Legislative Day Planned For May 19th on Capitol Hill

Staff ReporterCommunity, Health, Immigration 0

(Washington, DC: January 30, 2021) Healthcare continues to be the center of the nation’s focus, especially as the nation is seeking ways to effectively combat the deadly virus, COVID-19, AAPI’s annual legislative day, comes to be a vital part of AAPI’s growing influence and having its united voice heard in the corridors of power. “We are excited to announce that our next Legislative Day is on Wednesday, May 19th in Washington, DC,” said Dr. Sudhakar Jonnalagadda, President of AAPI. “We expect to have the participation from dozens of key Congressmen and Senators. The annual Legislative Day will be a unique opportunity for AAPI to be part of the decision making process on matters related to healthcare.”

“Our daytime program begins at 9:00 am and will include lunch in the U.S. House of Representatives. We will conclude in the afternoon, giving participants the opportunity to meet their own Congressman/Senator on their own time. That evening, we are planning for a reception and dinner with several dignitaries at the Indian Embassy,” summarized Dr. Jonnalgadda.

AAPI represents the interests of over 80,000 physicians and 30,000 medical students and residents of Indian heritage in the United States. Dr. Sajani Shah, Chair of AAPI BOT said, “The mission AAPI, the largest ethnic organization of physicians, is to provide a forum to facilitate and enable Indian American physicians to excel at inpatient care, teaching and research, and to pursue their aspirations in professional and community affairs.  The Executive Committee is working hard, enabling AAPI’s voice to be heard in the corridors of power, and thus taking AAPI to new heights.”

 “AAPI Legislative day is a flagship annual event that is eagerly awaited to rekindle and renew our energy in bringing up the issues that we need to bring to the attention of national policy makers and leaders of the US Congress on Capitol Hill,” said Dr. Sampat Shivangi, chair of AAPI Legislative Affairs Committee. “A tradition of more than two decades which has brought many important transformations in National Healthcare policies that have helped Physicians of Indian Origin. Now, it is the need of the day to renew our friendship with new leadership under President Joe Biden and Vice President Kamala Harris and brief the leadership on issues that are important to us.” According to Dr. Shivangi, “The legislative day is also time to meet and interact with Indian Ambassador to USA Hon. Taranjit Singh Sandhu and the Embassy officials during an evening dinner to be hosted by the Ambassador. I look forward to see many of our friends in Washington, DC on May 19th.” Dr. Shivangi added.

 “AAPI has been seeking to collectively shape the best health care for the people of US, with the physician at the helm, caring for the medically underserved as we have done for several decades when physicians of Indian origin came to the US in larger numbers,” says Dr. Anupama Gotimukula, president-elect of AAPI. “During the annual Legislative Conference, among others, AAPI will discuss: Increased Residency Slots, Immigration Reform, Medicare and Medicaid Reimbursements, Tort Reform, Repeal of the Individual Mandate, Lowering the Cost of Prescription Drugs, and, The South Asian Heart Health Awareness and Research Act of 2017,” she added.”

“AAPI is once again in the forefront in bringing many burning health care issues facing the community at large and bringing this to the Capitol and to the US Congress,” says Ravi Kolli, Vice President of AAPI. Dr. Kolli urged his “AAPI colleagues and everyone interested in or connected with providing health care to attend this event and ensure that our concerns and needs are heard by our lawmakers and ensure that they act on them.”

Stating that the “US is currently experiencing a physician shortage, which will be exacerbated by retiring baby boomers, affecting thousands of patients’ access to a physician, and ultimately the health care they need, AAPI strongly supports, the much needed “Immigration Reform, particularly with the focus on H-1 and J-1 visas are used by many South Asian American physicians, playing an important role in providing critical health care across the country,” Dr. Amit Chakrabarty, Secretary  of AAPI, pointed out. 

“The conference will focus on Immigration Reform and ways for AAPI members to be part of the process in the implementation of the health care reform in this country,” adds Dr. Satheesh Kathula, Treasurer of AAPI. “While medical school enrollment has climbed 2% annually over the past five years through new schools and expansion of existing schools, the number of residency slots funded by Medicare has been capped at about 100,000 since 1997,” he added.

Dr. Sudhakar Jonnalagadda says that “AAPI continues to discover her own potential to be a player in shaping the healthcare of each patient with a focus on health maintenance than disease intervention. To be a player in crafting the delivery of health care in the most efficient manner. To strive for equality in health globally. The annual Legislative Day is another way to impact Healthcare policy and programs in a most effective way. Come and join us on Capitol Hill on May 19th.” For more information on AAPI and its several noble initiatives benefitting AAPI members and the larger society, please visit: www.aapiusa.org

New H-1B Rule Is “Last Gasp” Of Trump Effort To Limit Immigration

Staff ReporterBusiness, Immigration 0

The Department of Labor (DOL) announced last week that it is issuing a 247-page rule to increase wage levels significantly for the H-1B nonimmigrant worker category and for certain employment-based green card applications.

Stephen Yale-Loehr, professor of immigration law at Cornell Law School and co-author of a leading 21-volume immigration law series, says the new rule will require employers to pay significantly higher wages for H-1B and other foreign national employees. 

Yale-Loehr says: 

“The rule changes the prevailing wage levels 1-4 from the 17, 34, 50 and 67th percentiles to the 45, 62, 78 and 90th percentiles of surveyed wages from the DOL’s Bureau of Labor Statistics. The result: employers will have to pay significantly higher wages for H-1B and other foreign national employees.

“The DOL issued a similar interim rule in October. Several federal courts struck down that rule. Nevertheless, after making only minor changes, the DOL is issuing this new final rule. DOL justifies the new rule as a way to help U.S. workers, but it will have the opposite impact. Companies may decide to offshore jobs overseas, hurting U.S. workers.

“This rule is the last gasp of the Trump administration to restrict legal immigration. I am confident that courts will strike down this new rule, just as they did the prior rule.”

Top of Form

IT companies’ clients are required to meet H1-B filing obligation under new US rule. According to the office of foreign labor certification, the regulations require all common-law employers of H-1B workers to file a labor condition application (LCA).

 

The US department of labor (DOL) on Friday followed the final wages rule, signed in the Federal Register on January 14, with a new interpretation of the regulations and accompanying guidance for companies that sponsor H-1B visa holders. Under the new guidance, the secondary employers, also known as clients, will have to comply with the filing requirements and other obligations which, currently, only lie with the primary employers or the staffing agencies.

According to the office of Foreign Labor Certification (FLC), the regulations require all common-law employers of H-1B workers to file a Labor Condition Application (LCA). It will not only put the liability on employers for compliance obligations relating to wages and working conditions but will also lead to higher administrative burden and costs for clients. The new guidance documents will take effect in 180 days, which means the employers have to comply with the obligations for the applications filed on or after July 14.

 

The labor department said that the interpretation and guidance are “more consistent with the H-1B statute and regulations”, adding that it is also “appropriate” in the wake of interpretative changes made by US Citizenship and Immigration Services (USCIS). “This revised interpretation is long overdue in light of the language of the regulations, better comports with the goals of the H-1B program, and is consistent with recent Executive Branch directives,” John Pallasch, assistant secretary for employment and training, said in a statement.

 

After the announcement, US Tech Workers, a non-profit organisation “representing the voices of American workers harmed by the H-1B visa program”, said that the new guidance was a “great way to target companies” that use staffing agencies to “displace Americans.” In a series of tweets, US Tech Workers said that the new regulation will hold those secondary employers accountable that claim to be not directly involved in the sponsoring of H-1B visas.

“When Disney was sued for laying off American workers and replacing them H-1B workers brought in from third party IT outsourcing firms (Cognizant & HCL), Disney’s defense was that they weren’t the ones who sponsored the H-1B visas. This regulation would now hold them accountable,” it tweeted.

The US department of labor (DOL) on Friday followed the final wages rule, signed in the Federal Register on January 14, with a new interpretation of the regulations and accompanying guidance for companies that sponsor H-1B visa holders. Under the new guidance, the secondary employers, also known as clients, will have to comply with the filing requirements and other obligations which, currently, only lie with the primary employers or the staffing agencies.The US department of labor (DOL) on Friday followed the final wages rule, signed in the Federal Register on January 14, with a new interpretation of the regulations and accompanying guidance for companies that sponsor H-1B visa holders. Under the new guidance, the secondary employers, also known as clients, will have to comply with the filing requirements and other obligations which, currently, only lie with the primary employers or the staffing agencies.Bottom of Form

 

(Picture Courtesy: REUTERS)

Indians In UAE No Longer Need To Register With Embassy To Fly Back To Country

Staff ReporterImmigration, Travel 0

Air India Express announced that Indians in the UAE will no longer be needed to register with the Indian Embassy for travelling back to the nation.

Air India Express, on October 12, announced that Indians in the United Arab Emirates (UAE) will no longer be needed to register with the Indian Embassy for travelling back to the nation. As part of the Air Bubble agreement between the two countries, the airline said that passengers travelling from UAE to India can book flights directly with Air India Express. 

Phase 7 of Vande Bharat Mission 

Last week, the International Labour Organisation (ILO) had said that the Vande Bharat Mission of the central government has brought back nearly 20 lakh employable Indians to the country from foreign shores. The Ministry of External Affairs had also informed that under the phase seven of the Vande Bharat Mission, which has been operational since October 1, 873 international flights have been scheduled from 25 countries to be operated during the course of October 2020. 

MEA Spokesperson Anurag Srivastava had said that the Phase 7 mission include flights from among the 14 countries with which India has a bilateral ‘air bubble’ arrangement in place. He added that the air bubble agreement has been working satisfactorily. Further, Srivastava also said that the flights in phase 7 include Air India and Air India Express flights, private and foreign carriers, chartered flights, naval ships and land border crossings. 

(Picture Courtesy: Onmanorama)

Rule Expected to Protect the Economic Interests of American Workers

Staff ReporterBusiness, Immigration 0

U.S. Citizenship and Immigration Services has announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.

Modifying the H-1B cap selection process will incentivize employers to offer higher salaries, and/or petition for higher-skilled positions, and establish a more certain path for businesses to achieve personnel needs and remain globally competitive.

“The H-1B temporary visa program has been exploited and abused by employers primarily seeking to fill entry-level positions and reduce overall business costs,” said USCIS Deputy Director for Policy Joseph Edlow. “The current H-1B random selection process makes it difficult for businesses to plan their hiring, fails to leverage the program to compete for the best and brightest international workforce, and has predominately resulted in the annual influx of foreign labor placed in low-wage positions at the expense of U.S. workers.”

This effort will only affect H-1B registrations (or petitions, if the registration process is suspended) submitted by prospective petitioners seeking to file H-1B cap-subject petitions. It will be implemented for both the H-1B regular cap and the H-1B advanced degree exemption, but it will not change the order of selection between the two as established by the H-1B registration final rule.

The final rule will be effective 60 days after its publication in the Federal Register. DHS previously published a notice of proposed rulemaking on Nov. 2, 2020, and carefully considered the public comments received before deciding to publish the proposed regulations as a final rule.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis).

(Picture Courtesy: Connected to India)

IATA Travel Pass To Be Introduced

Staff ReporterHospitality, Immigration, Travel 0

Geneva – The International Air Transport Association (IATA) announced that it is in the final development phase of the IATA Travel Pass, a digital health pass that will support the safe reopening of borders. IATA (International Air Transport Association) represents some 290 airlines comprising 82% of global air traffic.
Governments are beginning to use testing as a means of limiting the risks of COVID-19 importation when reopening their borders to travelers without quarantine measures. IATA Travel Pass will manage and verify the secure flow of necessary testing or vaccine information among governments, airlines, laboratories, and travelers.
IATA is calling for systematic COVID-19 testing of all international travelers, and the information flow infrastructure needed to enable this must support:
Governments with the means to verify the authenticity of tests and the identity of those presenting the test certificates.
Airlines with the ability to provide accurate information to their passengers on test requirements and verify that a passenger meets the requirements for travel.
Laboratories with the means to issue digital certificates to passengers that will be recognized by governments, and;
Travelers with accurate information on test requirements, where they can get tested or vaccinated, and the means to securely convey test information to airlines and border authorities.
“Today, borders are double locked. Testing is the first key to enable international travel without quarantine measures. The second key is the global information infrastructure needed to securely manage, share, and verify test data matched with traveler identities in compliance with border control requirements. That’s the job of the IATA Travel Pass. We are bringing this to market in the coming months also to meet the needs of the various travel bubbles and public health corridors that are starting operation,” said Alexandre de Juniac, IATA’s Director General and CEO.
IATA Travel Pass incorporates four open-sourced and interoperable modules which can be combined for an end-to-end solution:
Global registry of health requirements – enables passengers to find accurate travel information, testing, and eventually, vaccine requirements for their journey.
Global registry of testing/vaccination centers – enables passengers to find testing centers and labs at their departure location, which meet the standards for testing and vaccination requirements of their destination.
Lab App – enables authorized labs and test centers to share test and vaccination certificates with passengers securely.
Contactless Travel App – enables passengers to (1) create a ‘digital passport,’ (2) receive test and vaccination certificates and verify that they are sufficient for their itinerary, and (3) share testing or vaccination certificates with airlines and authorities to facilitate travel. Travelers can also use this app to manage travel documentation digitally and seamlessly throughout their journey, improving the travel experience.
IATA and International Airlines Group (IAG) have been working together in the development of this solution. They will undertake a trial to demonstrate that this platform, combined with COVID-19 testing, can reopen international travel and replace quarantine.
The airline industry demands a cost-effective, global, and modular solution to safely restart travel. IATA Travel Pass is based on industry standards, and IATA’s proven experience in managing information flows around complex travel requirements.
IATA’s Timatic is used by most airlines to manage compliance with passport and visa regulations and will be the base for the global registry and verification of health requirements.
IATA’s One ID initiative was endorsed by a resolution at its 75th Annual General Meeting in 2019 to facilitate travel processes with a single identity token securely. It is the base for the IATA Contactless Travel App for identity verification that will also manage the test and vaccination certificates.
“Our main priority is to get people traveling again safely in the immediate term that means giving governments confidence that systematic COVID-19 testing can work as a replacement for quarantine requirements. And that will eventually develop into a vaccine program. The IATA Travel Pass is a solution for both. And we have built it using a modular approach based on open source standards to facilitate interoperability. It can be used in combination with other providers or as a standalone end-to-end solution. The most important thing is that it is responsive to industry’s needs while enabling a competitive market,” said Nick Careen, IATA’s Senior Vice President, Airport, Passenger, Cargo, and Security.
The first cross-border IATA Travel Pass pilot is scheduled for later this year, and the launch is slated for quarter one 2021.

Now A Vaccine Passport To Travel Abroad

Staff ReporterHospitality, Immigration, Travel 0

Now that coronavirus vaccines are starting to roll out in the US and abroad, many people may be dreaming of the day when they can travel, shop and go to the movies again. But in order to do those activities, you may eventually need something in addition to the vaccine: a vaccine passport application.
Several companies and technology groups have begun developing smartphone apps or systems for individuals to upload details of their Covid-19 tests and vaccinations, creating digital credentials that could be shown in order to enter concert venues, stadiums, movie theaters, offices, or even countries.
The Common Trust Network, an initiative by Geneva-based nonprofit The Commons Project and the World Economic Forum, has partnered with several airlines including Cathay Pacific, JetBlue, Lufthansa, Swiss Airlines, United Airlines and Virgin Atlantic, as well as hundreds of health systems across the United States and the government of Aruba.
The CommonPass app created by the group allows users to upload medical data such as a Covid-19 test result or, eventually, a proof of vaccination by a hospital or medical professional, generating a health certificate or pass in the form of a QR code that can be shown to authorities without revealing sensitive information. For travel, the app lists health pass requirements at the points of departure and arrival based on your itinerary.
“You can be tested every time you cross a border. You cannot be vaccinated every time you cross a border,” Thomas Crampton, chief marketing and communications officer for The Commons Project, told CNN Business. He stressed the need for a simple and easily transferable set of credentials, or a “digital yellow card,” referring to the paper document generally issued as proof of vaccination.
Large tech firms are also getting in on the act. IBM (IBM) developed its own app, called Digital Health Pass, which allows companies and venues to customize indicators they would require for entry including coronavirus tests, temperature checks and vaccination records. Credentials corresponding to those indicators are then stored in a mobile wallet.
IBM’s Digital Health Pass app creates an online vaccine credential that can be stored in a mobile wallet. In an effort to address one challenge around returning to normalcy after vaccines are distributed widely, developers may now have to confront other challenges, ranging from privacy issues to representing the varied effectiveness of different vaccines. But the most pressing challenge may simply be avoiding the disjointed implementation and mixed success of tech’s previous attempt to address the public health crisis: contact tracing apps.
Early on in the pandemic, Apple (AAPL) and Google (GOOG) set aside their smartphone rivalry to jointly develop a Bluetooth-based system to notify users if they’d been exposed to someone with Covid-19. Many countries and state governments around the world also developed and used their own apps.
“I think where exposure notification ran into some challenges was more of the piecemeal implementation choices, lack of federal leadership … where each state had to go it alone and so each state had to figure it out independently,” said Jenny Wanger, who leads the exposure notification initiatives for Linux Foundation Public Health, a tech-focused organization helping public health authorities around the world combat Covid-19.
To encourage better coordination this time, The Linux Foundation has partnered with the Covid-19 Credentials Initiative, a collective of more than 300 people representing dozens of organizations across five continents and is also working with IBM and CommonPass to help develop a set of universal standards for vaccine credential apps.
“If we’re successful, you should be able to say: I’ve got a vaccine certificate on my phone that I got when I was vaccinated in one country, with a whole set of its own kind of health management practices… that I use to get on a plane to an entirely different country and then I presented in that new country a vaccination credential so I could go to that concert that was happening indoors for which attendance was limited to those who have demonstrated that they’ve had the vaccine,” said Brian Behlendorf, executive director of Linux Foundation.
“It should be interoperable in the same way that email is interoperable, the same way that the web is interoperable,” he said. “Right now, we’re in a situation where there’s some moving parts that get us closer to that, but I think there’s a sincere commitment from everybody in the industry.”
Part of ensuring wide usage for vaccine passports is accounting for the large subset of the global population that still doesn’t use or have access to smartphones. A few companies within the Covid-19 Credentials Initiative are also developing a smart card that strikes a middle ground between the traditional paper vaccine certificates and an online version that’s easier to store and reproduce.
“For us it’s [about] how that digital credential can be stored, can be presented, not only through smartphones but also in other ways for those people who don’t have access to stable internet and also who don’t own smartphones,” said Lucy Yang, co-lead of the Covid-19 Credentials Initiative. “We’re looking into it, and there are companies who are doing really promising work.
\CommonPass has partnered with several airlines to start rolling out its health credential app on select international flights. Once they build a vaccine passport, companies will need to make sure people are comfortable using it. That means confronting concerns about the handling of private medical information.
CommonPass, IBM and the Linux Foundation have all stressed privacy as central to their initiatives. IBM says it allows users to control and consent to the use of their health data and allows them to choose the level of detail they want to provide to authorities.
“Trust and transparency remain paramount when developing a platform like a digital health passport, or any solution that handles sensitive personal information,” the company said in a blog post. “Putting privacy first is an important priority for managing and analyzing data in response to these complex times.”
With vaccines manufactured by multiple companies across several countries in varying stages of development, there are a lot of variables that passport makers will need to account for.
“A point of entry — whether that’s a border, whether that’s a venue — is going to want to know, did you get the Pfizer vaccine, did you get the Russian vaccine, did you get the Chinese vaccine, so they can make a decision accordingly,” said Crampton. The variance can be wide: the vaccine developed by Chinese state-owned pharmaceutical giant Sinopharm, for example, has an efficacy of 86% against Covid-19, while the vaccines made by Pfizer and Moderna each have an efficacy of around 95%.
It’s also unclear how effective the vaccines are in stopping the transmission of the virus, says Dr. Julie Parsonnet, an infectious disease specialist at Stanford University. So while a vaccine passport app will show that you’ve received the shot, it may not be a guarantee that you safely attend an event or get on a flight.
“We still don’t know if vaccinated people can transmit infection or not,” she told CNN Business. “Until that is clarified, we won’t know whether ‘passports’ will be effective.”
Still, Behlendorf anticipates that the rollout and adoption of vaccine passports will happen rather quickly once everything falls into place and expects a variety of apps that can work with each other to be “widely available” within the first half of 2021. “Rest assured, the nerds are on it,” he said.

Lawmakers Urge President-Elect Joe Biden to Preserve Work Authorization for H-4 Visa Holders

Staff ReporterCommunity, Finance/Economy, Immigration 0

Over 60 members of the US Congress, including all four members of the ‘Samosa Caucus,’ wrote a letter to President-elect Joe Biden Dec. 16, urging him to preserve work authorization for H-4 visa holders. H-4 EAD is granted to the spouses of H-1B visa holders who are on track to get their green cards.
“We respectfully request that the Department of Homeland Security publish a Federal Register notice on day one of your administration that would extend the validity period of all expired H-4 EADs. We are confident that your incoming Secretary of the Department of Homeland Security will rectify the systemic processing issues that have been created by the Trump Administration,” wrote the members of Congress.
The revocation of H-4 work authorization is the Sword of Damocles hanging over the heads of more than 100,000 women from India since the advent of the Trump administration. H-4 visa holders are the dependent spouses of H-1B workers and largely have skills comparable to those of their spouse. However, they had not been allowed to work until 2015, when former President Barack Obama, via executive order, allowed them work authorization, known as H-4 EAD.
Shortly after taking office, President Donald Trump immediately stated his intention to rescind H-4 EAD. A Notice of Proposed Rulemaking — which has passed almost all procedural hurdles — currently rests in the Office of Management and Budget’s Office of Information and Regulatory Affairs for final approval.
Save Jobs USA filed a lawsuit in 2016 against the Department of Homeland Security, alleging that foreign workers were competing with and replacing American workers.
H-4 visa holders with work authorization are not limited to the types of jobs they can pursue.
The DC Circuit Court of Appeals ruled last November that H-4 EAD was in fact negatively impacting American workers: H-1B workers were remaining in the U.S. longer than they might have, since their spouses now had work authorization. Thus, they now faced increased competition for employment from H-4 and H-1B visa holders.
The Circuit Court has thrown the case back to a lower court.
In their letter to Biden, the 60 members of Congress — including Reps. Ami Bera and Ro Khanna, D-California; Pramila Jayapal, D-Washington; and Raja Krishnamoorthi, D-Illinois, framed the issue as one of gender equality.
“This rule presented an important step towards rectifying gender disparities in our immigration system as around 95 percent of H-4 visa holders who have secured work authorization are women,” wrote the members of Congress.
“Before the rule was granted, many women on H-4 visas described depression and isolation in moving to a new country and not being allowed to work outside of the home. Unfortunately, these women are losing and will continue to lose their jobs until this is put right, disrupting the lives of their families and the functioning of employers in our districts,” wrote the lawmakers.
The organization Save H4 EADs conducted a survey of 2,400 of its members in 2018. The survey found that 59 percent have postgraduate or professional degrees and above and 96 percent have a bachelor’s degree and above.
About 43 percent purchased a home after receiving work authorization, and 35 percent of them bought a home over $500,000. Forty-nine percent of workers with H-4 EAD have annual individual income of over $75,000. Sixty percent pay taxes of more $5,000. Five percent have started their own businesses, creating employment for American workers.
Meanwhile, in a major win for H-1B workers, the Ninth Circuit Court of Appeals Dec. 16 ruled that computer programming can be considered a specialty occupation, stating that U.S. Citizenship and Immigration Services’ denial of a visa for a computer programmer was “arbitrary and capricious.”
Immigration attorney Cyrus Mehta cheered the ruling. In a blog post, Mehta said: “While the Ninth Circuit’s decision in Innova Solutions is doubtless a victory for U.S. technology companies who employ foreign workers as computer programmers, the decision has broader implications, as well. For one, the decision is a refreshing rebuttal to USCIS’s longstanding practice of challenging computer programming on specialty occupation grounds.”
The Indian American attorney noted that this was the first time a circuit court has ruled in favor of the H-1B petitioner, adding that petitioners have won similar decisions in lower courts.
On March 31, 3017, two months after President Donald Trump took office with his “Buy American, Hire American” ethos, USCIS released a memo stating that computer programming would no longer be considered a specialty occupation. The agency noted that some programmers hold only an associate’s degree or less.
“As such, it is improper to conclude based on this information that USCIS would “generally consider the position of programmer to qualify as a specialty occupation,” noted the USCIS memo.
Current law requires H-1B workers to possess a bachelor’s degree or higher, with academic credentials specifically related to their prospective job duties.
In 2017, USCIS had denied an H-1B visa to Dilip Dodda who was scheduled to work for Santa Clara, California-based Innova Solutions as a programmer analyst. Dodda was denied his visa: USCIS noted that computer programming was not a specialty occupation.
Dodda had more than 10 years of experience in computer programming. Innova had planned to assign him to work for one of its clients, Change Healthcare Operations. Dodda would provide consulting services on Change Healthcare’s patient billing and payment system, which required knowledge of several programming languages.
However, USCIS noted in its response to the lawsuit that Innova had stated in its Labor Certification Application that the position in question was a “Wage Level 1 entry position.”
Innova provided to USCIS a list of about 14 functions that Dodda would perform, including writing script, testing beta sites, performing initial debugging, and rewriting code to fix buggy sites. USCIS nonetheless denied Innova’s petition for Dodda.
In its lawsuit, Innova contended that USCIS failed to properly consider the evidence and did not articulate any reasonable basis for its decision. It stated that the agency’s decision therefore must be set aside as arbitrary, capricious, and an abuse of discretion.
In 2019, United States Magistrate Judge Virginia Demarchi denied Innova’s lawsuit against USCIS, ruling that Innova had not sufficiently established that Dodda was to be engaged in a specialty occupation.
Demarchi said in her ruling that USCIS had noted that even interns could be classified as computer programmers. She ruled in favor of USCIS, stating that Innova failed to submit sufficient evidence “showing the unique or complex nature of the position, or how this position differs from other similar positions within the same industry.”
Innova appealed the lower court’s decision. Judge John Owens, writing for the three-judge panel at the Ninth Circuit, noted that USCIS relied solely on the Labor Department’s Occupational Outlook Handbook, which states that most computer programmers normally have attained a bachelor’s degree or higher, and that a bachelor’s degree is the typical level of education most programmers need to enter the field. “USCIS’s decision in light of that evidence was arbitrary and capricious,” ruled Owens. “It offered an explanation for its decision that ran counter to the evidence before it.” Mehta said in a blog post

Looking For a Second Passport? As the American passport loses prestige, some are looking to other countries. By Ashlea Halpern

Staff ReporterHospitality, Immigration 0

Before the coronavirus pandemic, holding a U.S. passport granted visa-free access to 185 countries around the world. The American passport wasn’t the most powerful on earth (that honor belongs to Japan), but it still got most of us where we needed to go. Until now.

With current E.U. restrictions and other pandemic-related travel bans, there are currently much fewer places where Americans can go. Frustrated by this newly hampered mobility, some are seeking dual citizenship, often as an opportunity to reconnect with the country their parents or grandparents came from, or to reevaluate their careers and potential business opportunities overseas. Whatever the reason someone seeks a second passport, the process of obtaining one can be long and complicated. We spoke to travelers exploring their options, from buying real estate overseas to tracing their family tree.

Your grandparents could help with dual citizenship

The list of countries offering ancestral citizenship to foreign nationals who can prove family ties is enticing—with Canada, Ireland, the U.K., New Zealand, Italy, Lithuania, Poland, Mexico, Vietnam, Israel, Brazil, Austria, Hungary, and Spain among them.

Tammy O’Hara, owner of Million Miles Travel Agency in Brooklyn, devoted part of her quarantine to gathering the birth certificates, photos, and affidavits she needs to apply for dual citizenship in Jamaica. Her reasons are both business and personal. “It will be more convenient to move around the different islands as a [Caribbean] citizen, with shorter lines and expedited customs,” says O’Hara. She also wants to diversify her income through overseas investment, have the flexibility to work remotely and retire outside the U.S., and get “more in tune” with her Jamaican ancestry. “I was born in the USA but grew up surrounded by Jamaican culture because of my family,” says O’Hara. “But sometimes I still felt different, like I wasn’t a ‘real’ Jamaican.”

Alissa Musto, an American cruise ship entertainer who’s been out of work since March, began researching second passports before the pandemic for career reasons. Cruises in the Mediterranean and Europe are starting to resume, and jobs are cropping up at global theme parks and resorts. Yet with only an American passport, she can’t apply.

Having dual citizenship is not unusual in the cruise industry. “Most countries don’t make seafarers pay income tax, but the U.S. and the Netherlands still do,” says Musto. “It makes sense for American and Dutch ship workers to have their permanent addresses somewhere else: Aruba, England, Sweden.” Musto, who has both Italian and Czech ancestry, is now working with an immigration attorney to apply for ancestral citizenship in the Czech Republic.

L.A.–based immigration attorney Parviz Malakouti, meanwhile, is applying for both simplified Hungarian naturalization as well as a “Slovak Living Abroad” certificate, which bestows a record of nationality on people of Slovak descent who were born abroad. The former required hiring an amateur genealogist in Hungary to hunt down supporting documentation, including baptismal records from a 19th-century church. Malakouti is also teaching himself Hungarian, another requirement of naturalization. “I’m going through this to have ‘citizenship insurance’ and access to live, work, and open a business in the entire European Union,” he says. “It’s about having more options.”

-+=