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

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

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

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

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

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 TwitterInstagramYouTubeFacebook and LinkedIn.

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

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

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

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

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

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

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

“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

(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

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

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

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

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

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

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

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.”

-+=