Sushma Swaraj, Nirmala Sitharaman to hold 2+2 India-US talks in Washington on July 6

India and the United States will hold the inaugural 2+2 meeting of their defense and foreign ministers in Washington on July 6, the US state department announced Thursday, ending months of uncertainty dogged by postponements and cancellations over scheduling and personnel changes.

US secretary of state Michael R Pompeo and secretary of defense James Mattis will host external affairs minister Sushma Swaraj and minister of defence Nirmala Sitharaman for the first meeting. The two sides are expected to share perspectives on strengthening their strategic and security ties and exchange views on a range of bilateral, regional and global issues of mutual interest, the Ministry of External Affairs (MEA) said in a statement.

This will be the first simultaneous meeting of the Indian defence and external affairs ministers Nirmala Sitharaman and Sushma Swaraj and their US counterparts James Mattis and Mike Pompeo in a format announced last August after a call between Prime Minister Narendra modi and President Donald Trump.

The dialogue is seen as a vehicle to elevate the strategic relationship between the two countries. And in the subsequent weeks, the US was focussed solely on President Trump’s meeting with North Korea’s Kim Jong-un. India has proposed July 6, as reported by Hindustan Times earlier, but had to wait for a confirmation from Washington DC, which finally came through.

The two sides will be expecting to discuss a whole range of issues in defence and external affairs such as cooperation on counter-terrorism, which is always accorded high priority by the countries, and Afghanistan, which received a significant pitch in President Trump’s new South Asia strategy.

At the July meeting, officials will “focus on strengthening strategic, security, and defense cooperation as the United States and India jointly confront global challenges”, said the state department in a statement. Officials expect to discuss, specifically, the indirect impact of US sanctions on Russia and Iran. A major Indian defence deal for the Russian S-400 air defence systems is at risk of attracting secondary sanction from the US unless an exception was made, as proposed and backed by Mattis and Pompeo.

The meeting will take place among growing defense and diplomatic ties and convergence but increasing trade differences caused by President Trump’s decision to slap a tariff of 25% and 10% on steel and aluminium imports. India has retaliated with its own tariffs on imports from the US and has also challenged Trump’s tariffs at the World Trade Organization. Trade is a separate discussion but and new and continuing issues are being thrashed out by the two countries in other forums.

Earlier this year, the ‘2+2 dialogue’ had been postponed due to uncertainty over the confirmation of Mike Pompeo as President Donald Trump’s new Secretary of State. Pompeo was later confirmed as Secretary of State in April.

 “I think it is a dramatic signal suggesting that DOD (department of defense) is taking the challenges of managing the unified Indo-Pacific space seriously,” Ashley Tellis, a leading US expert on South Asia and Asia had said at the time. “It is a task well begun but far from finished,” he had added.

No change in visa policy for students from India, says UK

The United Kingdom clarified that Indian students would face no change in the visa application even as New Delhi takes note of British decision to exclude Indian students from a new list of countries considered “low risk” in order to facilitate an easier visa application process to UK universities.

“Indian students will experience no change as a result of this announcement – there is no limit on the number of genuine Indian students who can come to study in the UK. The fact that the year ending March 2018 saw a 30% increase in Tier 4 visas issued to Indian students is proof that the current system allows for strong growth in this area”, said the spokesperson of British High Commission in New Delhi.

On a question why Indian students were not part of the “low risk” category, the spokesperson said “This was a routine review of the Appendix H list conducted by the Home Office, which is regularly updated due to the fact that countries’ risk profiles change over time. Analysis of objective data has shown that India remains below the level required to consider a change at the current time.”

In changes to its immigration policy tabled in Parliament on Friday, the UK Home Office announced a relaxation of the Tier 4 visa category for overseas students from around 25 countries. The list includes countries like the US, Canada and New Zealand, the Home Office added China, Bahrain and Serbia as countries from where students would face reduced checks.

Commenting on the development, an Indian official said “We have taken note of the recent announcements. We always maintained that the easy mobility of students and professionals are an important aspect of ties.”

Lord Karan Bilimoria, Indian-origin entrepreneur and President of the UK Council for International Student Affairs (UKCISA) described the move of not including India in the “low risk” group as an “insult” to India and another example of Britain’s “economically illiterate and hostile attitude”.

52 Indian asylum seekers detained in US under Trump’s zero-tolerance policy

As many as 52 men from India are among the asylum seekers being held in US federal prisons in Trump administration’s continuing zero-tolerance crackdown on illegal immigration that has led to the separation of families and, most controversially, removal of children from their parents.

The Indians, who were mostly Punjabi and Hindi speakers, are being held in a federal detention center in Oregon, Washington state, where they were transferred as part of a larger group of 123 people held allegedly for crossing into the US illegally along the border with Mexico weeks ago.

According to a local news daily The Oregonian, some of the Indians identified themselves as Sikhs and Christians who claimed they were fleeing persecution by Hindu majority in India. It could not be immediately confirmed if they had been separated from their families.

Hindustan Times is also awaiting response from Immigration and Customs Enforcement (ICE), one of the agencies that enforces immigration laws, if there were more Indians being held elsewhere. This group in Oregon was discovered during a tour of the facility by a delegation of US lawmakers.

The others in this group of 123 — all men, ICE has said — were from China, Guatemala, Mexico, Nepal, Pakistan and Ukraine.

They told the lawmakers that they are locked up 22 to 23 hours a day, three to a cell, according to The Oregonian report. Those with families have said they have no information about their wives and children and their recent meeting with some lawyers were their first contacts with the outside world in days.

Lawyers from the American Civil Liberties Union (ACLU) and other groups have been in touch with the detainees while some other bodies have sought volunteers from the Indian American community for those from India, most of whom can only speak and understand Punjabi or Hindi.

Asylum seekers are facing increased scrutiny under the Trump administration and those showing up illegally are being subjected to a zero-tolerance policy that has led to an outcry because of the splitting of families.

The administration said 10,000 of the 12,000 children in US detention facilities were those who were sent by their parents alone to be smuggled illegally into the United States and the remaining 2,000 were separated from the their parents when their families crossed over illegally.

“We must always arrest people coming into our country illegally,” President Donald Trump wrote on Twitter Tuesday defending his administration against growing outrage among conservatives and liberal alike. The policy also invited criticism from all four living former first ladies, in rare public statements.

But President Trump has shown no sign of ending the practice and has continued to falsely blame Democrats for it. “Democrats are the problem,” he wrote in a tweet. “They don’t care about crime and want illegal immigrants, no matter how bad they may be, to pour into and infest our Country (sic).”

Democrats have pushed back and accused the president of leveraging the plight of the children to seek support for his immigration plan of enhanced border security — including funding for a wall along the border with Mexico — and end to family-based migration and diversity visa.

Flying to US: Powdery substance over 350 grams not allowed in hand bag from next Saturday

From next Saturday (June 30) passengers flying to the United States may not be allowed to carry more than 12 ounce or about 350 grams of powdery substance in hand bags. The US Transportation Security Administration (TSA) has enacted this rule after a foiled attempt to put an improvised explosive device using powder explosives on a Gulf carrier in Australia last year. Airlines are advising US-bound flyers to put such things in check-in bags to avoid extra screening of the same and possibly being thrown if the security personnel are not sure what it is.

Air India has a number of daily nonstops from Delhi and Mumbai to US destinations+ like New York, Newark, Chicago, Washington an San Francisco. United has a daily direct from Newark to Delhi and Mumbai. Delta will start flights to Mumbai next year. From next Saturday everyone traveling with powdery substances including dry spices, talcum or cosmetic powders will need to check them in if carrying more than 350 grams that stuff.

TSA says “powder-like substances greater than 12 ounce/350 ml must be placed in a separate bin for X-ray screening. They may require additional screening and containers may need to be opened. For your convenience, we encourage you to place non-essential powders greater than 12 ounce in checked bags.”

Airlines have accordingly started advising passengers. Singapore Airlines says on its website in a June 18 post: “Additional security measures for non-stop US-bound flights: TSA may require customers travelling on non-stop flights to US to undergo enhanced security measures. Such checks may include the inspection of powder-like substances where powder-like substances that are 12 ounce (350ml) or larger will not be allowed for carriage in the cabin. Customers are advised to place such items in their checked baggage.” “Medically-prescribed powder-like substances, baby formula, human remains and duty-free powder containers inside a properly sealed secure tamper evident bag (STEB) may be brought into the cabin. Customers are advised to proceed to the boarding gates early to allow sufficient time for the enhanced security measures,” Singapore Airlines says.

American Airlines’ website says: “Carry-on restriction: powder-like substances. For international travel to the US, powder-like substances over 12 ounce/350 ml should be placed in checked bags. Powders over 12 ounce/350 ml in carry-on bags may be prohibited. Effective June 30, 2018.”

Ambassador Richard Verma to India joins strategic consultancy group

Richard Verma, the first ever Indian-American U.S. ambassador to India, is joining a leading U.S.-based international investment advisory group. Paladin Capital Group is pleased to announce that Richard Verma, former U.S. Ambassador to India (2014-2017) and current Vice Chair at The Asia Group, will join Paladin’s Strategic Advisory Group (SAG). Ambassador Verma brings 25 years of experience across senior levels of business, law, diplomacy, and the military. “We are very excited to have Rich as part of Paladin’s strategic network,” said Lt. General (Ret.) Kenneth Minihan, Managing Director at Paladin. “Rich’s subject matter expertise and experience as a trusted advisor to senior leadership on critical security and intelligence policy issues will provide invaluable advice and guidance to Paladin and our portfolio companies.”

Nominated as U.S. Ambassador to India by President Obama and unanimously confirmed by the Senate in December 2014, Ambassador Verma oversaw one of the largest U.S. diplomatic missions in the world and championed historic progress in U.S.-India relations, with critical evolutions to bilateral cooperation in defense, trade, and clean energy. The Ambassador also oversaw an unprecedented nine meetings between President Obama and Prime Minister Modi – leading to over 100 new initiatives and more than 40 government-to-government dialogues.
Ambassador Verma was previously the Assistant Secretary of State for Legislative Affairs, where he led the State Department’s efforts on Capitol Hill. He worked as Senior National Security Advisor to the Senate Majority Leader and also spent time in the House of Representatives. He is a veteran of the U.S. Air Force, where he served on active duty as a Judge Advocate. His military decorations include the Meritorious Service Medal and Air Force Commendation Medal.

The Ambassador brings to bear a distinguished career in the private sector. He was a partner in a major global law firm for many years and led the South Asia practice of a Washington-based consulting firm. He is also currently a Centennial Fellow at Georgetown University’s Walsh School of Foreign Service, where he supports the India Initiative, and co-chairs the Center for American Progress’ U.S.-India Task Force.

Ambassador Verma holds degrees from the Georgetown University Law Center (LLM), American University’s Washington College of Law (JD), and Lehigh University (BS). “I am delighted to welcome Richard Verma back to Paladin’s Strategic Advisory Group,” said Michael Steed, Managing Partner of Paladin. “Rich was integral member of the Strategic Advisory Group before being nominated and serving as Ambassador of India. He will further strengthen Paladin’s unique commitment and capability to add strategic value to its portfolio companies in accessing U.S. federal market opportunities as well as navigating the evolving security and compliance policy landscape in international markets.”

Paladin Capital Group was founded in 2001 and has offices in Washington DC, New York, London, Luxembourg, and Silicon Valley. As a multi-stage investor, Paladin focuses on best-of-breed companies with technologies, products, and services that meet the challenging global cyber security and digital infrastructure resilience needs for commercial and government customers. Paladin has over $1 billion in committed capital across multiple funds. Follow the firm on Twitter @Paladincap, visit their website at http://www.paladincapgroup.com

Indian Consulate in NY holds Baithak@Consulate

To popularize Indian Classical Music amongst the youth the Consulate has launched new initiative titled “Baithak@Consulate” which features prominent artists and masters. For the second event in the series we teamed up with Suromurchhana to present Pandit Sanjoy Banerjee, one of the finest vocalists of international repute from India and a distinguished exponent of the Kirana Gharana of North Indian Vocal Classical Music. Sanjoy Banerjee was a scholar at ITC Sangeet Research Academy under the guidance of Late Pt. A.T. Kanan and Sangeet Bidushi Late Malabika Kanan, who considered him as their successor to their musical heritage. With his sonorous and unwavering voice he has enthralled audiences at home and abroad, performing extensively in the UK, Germany, Bangladesh, Canada, USA and within India. He has received many awards and is also a successful Guru, teaching at his own institution – Kolkata Suromurchhana in India, and at Chhandayan Center of Indian Music, New York, producing students who have already earned appreciation.

Accompanying Pt.  Sanjoy Banerjee were Dibyarka Chatterjee – tabla, Rohan Prabhudesai – harmonium and Andrew Shantz & Dibyokalyan Basu  on vocal support. Through his soulful presentation and improvisations, combined with mastery over sargams, taans, and renditions of Khayal, Sanjoy Banerjee explored the evening ragas, the melodic beauty and majestic splendor which evoked deep emotions within his listeners.

200% rise in invites to Indians for Canadian permanent residency – Canada has emerged as a coveted destination for India’s diaspora.

Indians appear gung-ho about Canada’s Express Entry programme which invites topranked candidates — under the country’s point-based immigration system — to take up permanent residency. Express Entry is Canada’s flagship programme for key economic migration.

Under the scheme, out of the 86,022 invitations sent in 2017, nearly 42% (or 36,310) were to those holding Indian citizenship. The total number of invitations sent in 2017 was more than double the previous year — 33,782.

In 2016, the number of invites sent to those having Indian citizenship in Canada was merely 11,037, showing an increase by more than 200% a year later.

According to the Express Entry Year-end Report, 2017, issued recently by the Canadian government’s immigration division, a little over one lakh applications were received for permanent residency under the Express Entry programme in 2017, 86,022 invitations were sent and 65,401 permanent residents and their families were admitted into Canada.

Nearly 40% of this total or 26,000-plus Indians became permanent residents in Canada. Among those applicants who had job offers and were admitted as permanent residents, occupations like information system analysts, software engineers and designers, computer programmers and university lecturers topped the charts.

These statistics, showing an increase in number of Indians opting for Canadian permanent residency, strengthen the belief that many holders, tired of the backlog and infinite wait for a green card in the US—a green card grants permanent residency on American soil—are now heading towards Canada. Currently, more than three lakh Indians in the US are waiting for a green card,  CATO Institute, a Washington-based think tank, states that given the green card backlog, the waiting period for Indians with an advanced degree (those in the EB-2 category) could be as much as 151 years.

Vikram Rangnekar, now an entrepreneur in Toronto, is among those who made the move. “I lived in the US for six years on H-1B visa. I had a great life in California, lots of friends, an awesome job, and enjoyed the outdoors. Then, I realised that I didn’t want to continue living my life on a restrictive visa. I wanted more freedom, I wanted to work on my own ideas and that was just not possible under the H-1B visa.”

Also with the ever extending green card wait, permanent residency in the US was out of question, for Rangnekar. He and his family moved to Toronto in 2016. “We love the accepting Canadian culture, the diversity, high quality of life, great support and education system for kids,” he said. Today, Rangnekar hosts a platform which helps a significant number of Indians currently on H-1B to find jobs in Canada.

Canada has a point-based immigration system. Under the Express Entry programme, candidates complete an online profile and are given a comprehensive ranking system (CRS) score. They are then placed in the Express Entry pool and ranked relative to each other based on their CRS scores. The pool is dynamic and a candidate’s rank can change as others join and leave the pool, or when the ranking criteria are adjusted according to ministerial instructions. A candidate’s CRS score can also be revised on various grounds, for example if he or she obtains more qualifications or skills. Only top-ranked candidates are invited to apply for permanent residence.

The CRS score is divided into two portions. The core score can reach a maximum of 600 points and is based on the candidate’s age, education, official language proficiency, work experience among other criteria. Second, a maximum of 600 points are awarded to the candidates if they meet policy or other objectives like having a provincial nomination, a qualifying offer of arranged employment, Canadian educational credentials, French-language proficiency and a sibling in Canada. The maximum score a person can get is 1,200.

Express Entry draws are held periodically. The most recent was this month, which had a CRS cut-off threshold of 451 points and will result in 3,750 candidates being invited for permanent residency. In 2017, of the 86,022 invitations to apply for permanent residency, 38,932 (or 45%) were sent to candidates with a CRS score between 451 and 500, and 33,252 (or 39%) were sent to candidates with a score between 401 and 450. This relatively low cut-off is good news for those aspiring to move to Canada.

UAE to grant free 48-hour transit visa at hubs like Dubai, Abu Dhabi

People flying between India and the rest of the world through United Arab Emirates’ (UAE) mega hubs like Dubai and Abu Dhabi will soon be able to get a free transit visa to spend up to two days there. The UAE government has decided that to grant free transit visas for first 48 hours to transit passengers and this visa can be extended for up to 96 hours by paying 50 Dirham (about Rs 930). The date from which this will be allowed is yet to be announced, say Indian travel industry majors.

UAE is already the single biggest international destination for Indian travellers. Almost a quarter of all international travel to and from India happens on mega UAE carriers like Emirates, flyDubai and Etihad. Jet Airways, in which Etihad has a 24% stake, + also serves as a feeder to Etihad’s long haul flights to Abu Dhabi.

Anywhere up to 75% of people flying on Gulf, including UAE, carriers are only transiting through those hubs between India and rest of the world. So the decision to grant free 48-hour transit visas is expected to further increase the number of visitors to UAE.

Karan Anand of travel major Cox & Kings said: “The move by UAE to exempt transit passengers from all entry fees for the first 48 hours is significant. Travellers who have onward connections can now stay in the UAE and enjoy a range of attractions that the various Emirates have to offer. In fact, this will give a boost to Dubai and Abu Dhabi which are promoting its attractions aggressively in the Indian market. Many new attractions are opening up in these destinations and as Dubai gears up for the 2020 Expo, these measures will boost tourism inflows.”

Indian travel majors are awaiting the date from which this change will be implemented. In terms of flying people in and out of India, Emirates is the biggest international airline. The Jet-Etihad combine is the biggest airline in terms of international travel to and from India.

 “According to Dubai Tourism statistics, Dubai attracted over 2.1 million Indian tourists in 2017 +— 15% more than the previous year. India is the number one source market for the emirate,” said a senior official of a travel major. “Similarly, in 2017 Abu Dhabi attracted over 3.60 lakh Indian tourists, 11% more than previous year 2016. Emirates such as Ras Al Khaimah and Sharjah have also stepped up promotion in the Indian market. This is aided by more flight connections from India to the UAE,” said the official.

Gulf nations are going all out to woo Indian travelers and are relaxing visa norms. UAE grants visa on arrival to Indian Nationals with a valid US Visa. Oman will also do the same to Indians who reside in or hold an entry visa to US, Canada, Australia, UK, Japan and Schengen States. Last August, Qatar had allowed Indians and nationals of 46 other countries to stay for up to 60 days there without a prior visa.

More than three-fourths of green card waiting list comprise of Indians: USCIS

Indians account for more than three-fourths of those highly-skilled professionals waiting in queue to obtain legal permanent residence status in the US, popularly known as Green Card, according to latest official figures.

As of May 2018, there were 395,025 foreign nationals waiting for Green Card under the employment-based preference category. Of these 306,601 were Indians, according to the latest figures released by US Citizenship and Immigration Services (USCIS). This does not include counts of dependent beneficiaries associated with the approved immigrant petitions, it said.

India is followed by a distant second China, which currently has 67,031 Chinese waiting for the Green Card. Thereafter none of the other countries have more than 10,000 people waiting for Green Card. Other countries are El Salvador (7252), Guatemala (6,027), Honduras (5,402), Philippines (1,491), Mexico (700) and Vietnam (521).

Under the existing law, no more than seven per cent of the Green cards may be issued to natives of any one independent country in a fiscal year. As such Indians have the longest waiting period for Green Card.

Indian-Americans, most of whom are highly skilled and come to the US mainly on H-1B work visas, are the worst sufferers of the current immigration system which imposes a seven per cent per country quota on allotment of green cards or permanent legal residency. As a result, the current wait period for Indian skilled immigrants for green card can be as long as 70 years.

According to a newly-launched group, GCReforms.org, under the current regulation, skilled immigrants from India need to wait anywhere between 25-92 years for a Green Card due to per-country limits.

The US Green Card, also known as the permanent resident card, gives the holder permanent residence in the United States. Green Card holders can legally live and work in the US. The Green Card is the first step toward US citizenship.

Dinesh D’Souza gets presidential pardon

President Donald Trump issued a full pardon to controversial Mumbai-born conservative pundit, author, and filmmaker Dinesh D’Souza, who pleaded guilty to campaign finance fraud in 2014 after being prosecuted by then-U.S. Attorney Preet Bharara. “Will be giving a Full Pardon for Dinesh D’Souza today. He was treated very unfairly by our government,” Trump tweeted on May 31.

Trump, who signed the paperwork formally pardoning D’Souza before announcing it on Twitter, had never met or spoken with D’Souza before this week. He told reporters aboard Air Force One Thursday that he called him for the first time Wednesday night to inform him that he would be pardoning him. The two spoke for nearly three minutes, according to the President. “He almost had a heart attack,” Trump said.

Trump stated that he pardoned D’Souza — considered by many to be American’s greatest conservative troll — because “I’ve always felt he was very unfairly treated. And a lot of people did, a lot of people did. What should have been a quick minor fine, like everybody else with the election stuff…what they did to him was horrible,” he said. He said he had spoken to D’Souza “for three minutes last night…he almost had a heart attack.”

D’Souza thanked Trump, tweeting: “Obama & his stooges tried to extinguish my American dream & destroy my faith in America. Thank you @realDonaldTrump for fully restoring both.”

D’Souza pleaded guilty after his indictment for using straw donors to contribute to the campaign of Wendy Long, a friend who was challenging Kirsten Gillibrand in the U.S. Senate race in New York.

He was incarcerated for eight months in a halfway house in San Diego and given a $30,000 fine, then released on five years probation. He alleged he was unfairly targeted because of his right wing conservatism and his criticism of President Obama.

A press statement from the White House said: “Mr. D’Souza was, in the President’s opinion, a victim of selective prosecution for violations on campaign finance laws. Mr. D’Souza accepted responsibility for his actions, and also completed community service by teaching English to citizens and immigrants seeking citizenship.”

There was speculation that Trump’s pardon was a slap at Bharara, who the president fired after asking him to stay on as the U.S. Attorney for the Southern District of New York. Since then, Bharara has been one of Trump’s most stinging critics.

Bharara, in fact, tweeted that while it was Trump’s right to pardon D’Souza, “The facts are these: D’Souza intentionally broke the law, voluntarily pled guilty, apologized for his conduct & the judge found no unfairness. The career prosecutors and agents did their job. Period.”

The Washington Post reported how D’Souza, after the pardon was announced, characterized prosecutors in his case as a “team of goons” during an interview with syndicated talk show host Laura Ingraham. Earlier in May, in an opinion piece published by Fox News, D’Souza alleged that the FBI file on his case had him “red-flagged as a political conservative who made a movie critical of President Obama.”

“I knew that causing a campaign contribution to be made in the name of another was wrong and something the law forbids,” D’Souza had said at his plea hearing. “I deeply regret my conduct.”

D’Souza is a contentious figure who once accused then-President Barack Obama of adopting “the cause of anti-colonialism” from his Kenyan father in a 2010 Forbes magazine cover storywhen Obama was in office. In the piece, he referred to Obama’s father as a “philandering, inebriated African socialist, who raged against the world for denying him the realization of his anticolonial ambitions.” He also once argued that Adolf Hitler was not “anti-gay.”

“Dinesh D’Souza is an individual who, you know, has made restitution and accepted responsibility for his actions, but these are infractions and crimes that are rarely prosecuted, and many believe that he was the subject of some selective prosecution from the previous administration,” White House deputy press secretary Raj Shah said on Fox News Thursday.

“Nonetheless, he’s accepted responsibility and the President believes it’s appropriate that he receive a pardon after community service, paying a fine, and doing other things that the judge has required,” Shah said. D’Souza once called on comedienne Rosie O’Donnell to be prosecuted for violating campaign finance laws in a fashion similar to his case.

D’Souza, who first immigrated to the U.S. on a Rotary International scholarship at 17, attended Dartmouth College in New Hampshire to major in English and was the founding editor of the Dartmouth Review.

He later earned his conservative policy chops at the Heritage Foundation as editor of its flagship publication Policy Review and then as a domestic policy adviser, at 26, in the Ronald Reagan White House even before he was a U.S. citizen. He later enjoyed stints at the neo-conservative think tank, the American Enterprise Institute as a fellow and at the Hoover Institution at Stanford University.

DHS Announces Additional Visas for Foreign Workers to Assist American Businesses at Risk of Failing

On May 25, Secretary of Homeland Security Kirstjen M. Nielsen announced that an additional 15,000 H-2B temporary nonagricultural worker visas will be available for Fiscal Year 2018. In this determination, Secretary Nielsen determined there are not sufficient, qualified, U.S. workers available to perform temporary non-agriculture labor to satisfy the needs of American businesses in FY18. This allocation is in addition to the 66,000 visas already issued this year. Secretary Nielsen made this decision after consulting with Secretary of Labor Alexander Acosta, members of Congress, and business owners.

“The limitations on H-2B visas were originally meant to protect American workers, but when we enter a situation where the program unintentionally harms American businesses it needs to be reformed,” said Secretary Nielsen. “I call on Congress to pass much needed reforms of the program and to expressly set the number of H-2B visas in statute.  We are once again in a situation where Congress has passed the buck and turned a decision over to DHS that would be better situated with Congress, who knows the needs of the program.  As Secretary, I remain committed to protecting U.S. workers and strengthening the integrity of our lawful immigration system and look forward to working with Congress to do so.”

The H-2B temporary nonagricultural worker program was designed to serve U.S. businesses unable to find a sufficient number of qualified U.S. workers to perform nonagricultural work of a temporary nature. Congress set the annual H-2B visa cap at 66,000. A maximum of 33,000 H-2B visas are available during the first half of the fiscal year, and the remainder, including any unused H-2B visas from the first half of that fiscal year, is available starting April 1 through September 30.

On February 27, 2018, USCIS determined that it had received sufficient H-2B petitions to meet the full FY 2018 statutory cap of 66,000.

In the FY 2018 Omnibus, Congress delegated its authority to the Secretary to increase the number of temporary nonagricultural worker visas available to U.S. employers through September 30, just as it did in the FY 2017 Omnibus. In the intervening time since enactment of the FY 2018 Omnibus, the Secretary consulted with the Secretary of Labor on the issue, in accordance with Congressional requirements, and developed this rule.

Starting today, eligible petitioners for H-2B visas can file Form I-129, Petition for a Nonimmigrant Worker.  Eligible petitioners must submit a supplemental attestation on Form ETA 9142-B-CAA-2 with their petition.

Details on eligibility and filing requirements are available in the final temporary rule published today and on the Increase in H-2B Nonimmigrant Visas for FY 2018 webpage.

DHS is committed to ensuring that our immigration system is implemented lawfully and that American workers are protected. If members of the public have information that a participating employer may be abusing this program, DHS invites them to submit information to ReportH2BAbuse@uscis.dhs.gov and include information identifying the H-2B petitioning employer and relevant information that leads them to believe that the H-2B petitioning employer is abusing the H-2B program. For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook (/uscis).

New USCIS Draft Policy tough on International students

International students may become deportable on the first day after they finish their course of study, in a new draft policy unveiled by U.S. Citizenship and Immigration Services on May 11. The proposed policy memo would change the way in which international students are found to accrue “unlawful presence,” a determination that could lead to them being barred from the U.S. for three to 10 years.

“USCIS is dedicated to our mission of ensuring the integrity of the immigration system. F, J, and M nonimmigrants are admitted to the United States for a specific purpose, and when that purpose has ended, we expect them to depart, or to obtain another, lawful immigration status,” said USCIS director L. Francis Cissna in a press statement unveiling the draft policy. “The message is clear: These nonimmigrants cannot overstay their periods of admission or violate the terms of admission and stay illegally in the U.S. anymore,” said Cissna.

Doug Rand, former assistant director for entrepreneurship in the Obama White House who helped implement policies that affect foreign students, told India-West: “This is a pretty dramatic change that could affect more than 1.5 million people per year.”

“For generations, America has been the top destination for students from around the world, many of whom go on to contribute their talents to our economy and even become Americans over time. We should be welcoming the best and brightest — if our country loses its luster, we will lose out on this extraordinary competitive advantage,” stated Rand, the co-founder of Boundless, a technology company that helps families navigate the immigration process. Rand said the proposed policy creates “massive uncertainty” for students who have no “nefarious reasons” for overstaying their student visas.

“I don’t think that anyone believes that the government should turn a blind eye on visa overstays. There are ways to deter the relatively small percentage of students who deliberately and unambiguously overstay their visas, however, without creating major uncertainty for the vast majority who are trying in good faith to play by the rules,” he said.

International students are typically admitted to the U.S. for what’s known as “duration of status,” which means they do not have to leave by a specified date but instead can stay in the U.S. as long as they are do not violate the terms of their immigration status, such as by failing to attend classes or working without authorization. Individuals on J exchange visas — a category that encompasses not only students but also visiting scholars and other types of exchange visitors ranging from au pairs to interns — can either be admitted for a specified time frame or for duration of status, depending on which type of J visa they’re on.

Currently, “unlawful presence” is accrued only after the Department of Homeland Security identifies an international student who has overstayed his F, J, or M visa. But under the new draft policy, individuals in F, J, or M status who fail to maintain their status on or after Aug. 9, 2018, will start accruing unlawful presence on the earliest of any of the following:

The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in unauthorized activity; The day after completing the course of study or program, including any authorized practical training plus any authorized grace period; The day after the I-94 (arrival and departure record) expires; or, The day after an immigration judge, or the Board of Immigration Appeals orders them deported or removed, whether or not the decision is appealed.

Under the new policy, students who have already overstayed their visas and don’t have a pending application to change their status will begin accruing unlawful presence on Aug. 9. Individuals who accrue more than 180 days of unlawful presence in a single stay before departing the U.S. can be barred from returning for a period of three to 10 years.

India and China have the highest number of students enrolled in U.S. universities, but relatively low rates of visa overstays. According to reports, Indian students have a low rate of overstaying their student visas, data released by the Department of Homeland Security said. In 2016, almost 99,000 Indian students studying in the U.S. were expected to depart after finishing their studies; 4,575 overstayed their visas, according to DHS data.

Those subject to the three-year, 10-year, or permanent unlawful presence bars to admission are generally not eligible to apply for a visa, admission, or adjustment of status to permanent residence, said USCIS in the draft memo.

 

Meanwhile, on another front, the executive branch is planning to make sweeping new changes to the U.S. legal immigration system, including the H-1B visa program and work permits for H4 spouses —quietly and without waiting for Congress. Together these changes could impact the Indian immigrant community in the hundreds of thousands.

The Department of Homeland Security (DHS) is making finishing touches on a proposal to block future work permit applications by H-4 visa holders. There are some 100,000 of these spouses of H-1B workers—mostly Indian women—whose long-term plans have been upended in anticipation of this change.

This whole process can take months or years to complete, and the status quo policy doesn’t change in the meantime. But even just the expectation of future changes can affect people’s lives today.

The U.S. companies and universities are nervous about the official DHS plan to tighten up Optional Practical Training (OPT), a program that currently allows foreign students (predominantly from India and China) to stay in the United States for up to three years of on-the-job training after graduating with a degree in science, technology, engineering, or math (STEM).

All of these plans, first unveiled in the Unified Regulatory Agenda last fall, would effectively nullify prior Obama-era regulations. But the Trump administration has also declared its intention to break entirely new ground through the regulatory process. Many of the heaviest H-1B users are Indian IT outsourcing companies, which have not fared particularly well as targets of Trump administration criticism.

Trump administration’s to-do list keeps growing. Newly announced regulatory plans on the agenda this month include: Making it mandatory to use a new electronic filing system for green card renewals (Form I-90) and naturalization applications (Form N-400), plus other visa application forms in the future, which could affect millions of people seeking visas or U.S. citizenship.

Tightening up eligibility criteria for B-1/B-2 visa applications, which could affect millions of tourists and business travelers hoping to visit the United States. Requiring certain U.S. citizens to provide photographs or other biometric data upon entering or departing the United States. Eliminating the rule that USCIS has only 30 days to process an asylum applicant’s request for a work permit.

Today, Congress remains unlikely to take action on immigration matters (although some moderate House Republicans appear to be doing their level best). And so the Trump administration will seek to transform the legal immigration system through slow-moving but far-reaching regulations—plus a continued flurry of operational changes that aren’t exactly trivial, like a recent policy memo that could generate tremendous uncertainty for some 1.5 million foreign students each year.

New Rule: No Police Verification for New Indian Passports

Indian goverment plans to merge the process with Crime and Criminal Tracking Network and Systems Project (CCTNS), a project first conceptualized by the UPA government in 2009; this will eliminate the need of doing the physical police verification for getting a new passport.

With the implementation of CCTNS, the manual process of police verification could be simplified with just a few clicks. Also, the old process which resulted in bribing the local police officers when they come to verify the address and identity will come at a halt.

As per the Union Home Secretary Rajiv Mehrishi said the CCTNS, an exhaustive national database of crimes and criminals was expected to be linked with the passport service of the External Affairs Ministry. CCTNS will check the past history and background of the applicants with a single click.

Mehrishi told reporters, “For passport credentials, police is already using CCTNS in some states. Police will be given handheld devices to upload applicant’s details upon reaching their home. This will not only minimize the contact of the applicant with the police officer to curb bribing but also reduce the time for getting the passport.”

After Home Minister Rajnath Singh launched the CCTNS project, which will connect all the 15,398 police stations of the county,  Mehrishi said the CCTNS had been expanded for further use by incorporating citizen-centric services like – tenant verification, which could be done with the consent of the person being verified, connecting the network with criminal justice delivery system and quick registration of FIR in any crime.

Adding about the safety of the database, the Home Secretary said “chances of database hacking was always there, but enough provisions have been made to safeguard the same and National Critical Information Infrastructure Protection Centre had been employed for the task.

The Home Minister said the digital police would facilitate citizens to register complaints online and request for background verifications with just a few clicks. “The police portal will give 11 searches and 46 reports from the national database for state police and central investigation agencies. Central investigating and research agencies have also been provided logins to the digital police database to access crime statistics,” Mr. Singh said.

Mr. Singh said the CCTNS has resulted 13,777 police stations out of 15,398 to register 100% data into the software. He said so far, 7 crore data records related to past and current criminal cases is already there in the CCTNS national database. The project will make it possible to link about 15,398 police stations and 5,000 offices of supervisory police officers across the country.

H-4 Visa Holders With Work Authorization Are Overwhelmingly Women from India

A new report released by the U.S. Citizenship and Immigration Services on May 11 has stated that an overwhelming beneficiaries of the H-4 visa program with work authorization are women from India. In total, almost 85,000 women and 6,000 men currently have H-4 EAD. More than 33,000 women and 2,000 men have successfully applied for extensions.

The data was released in response to a congressional query and reports numbers from when H-4 EAD was first implemented in 2015 – by the Obama administration – to the first quarter of fiscal year 2018, which began Oct. 1, 2017 and ended Dec. 25, 2017.

The H-4 class of visa is given to the spouses of foreign workers, who are employed in the US under an H-1B visa. Until the Obama administration changed the law, H-4 visa holders were not permitted to work full-time. As of December, roughly 130,000 people on H-4 visas had obtained their employment permit. The 2015 law change was challenged in court by groups such as Save Jobs USA, who argued that American workers faced increased competition from H-4 candidates for a limited number of jobs.

In FY 2015, the first year of the program, 24,791 H-4 EADs were approved from Indian applicants; China had 711 applicants, and the Philippines 91. In FY 2016, more than 31,000 applications were approved, including 28,660 from India, 1,564 from China, and 248 from the Philippines.

In FY 2017, 27, 275 applications were approved overall; 24,779 from India, 1,832 from China, and 204 from the Philippines. For the first quarter of FY 2018, 6,800 applications were approved, with applicants from India receiving 6,103.

The Trump administration has ramped up its efforts to keep jobs in the hands of American workers, confirming the end of a right for spouses of foreign workers to find full-time employment. An announcement last month that spouses on H-4 visas will be prevented from working will overwhelmingly affect Indian women, according to data from the Congressional Research Service of the US Congress.

Trump’s reversal of an Obama-era decision that allowed H-4 visa holders – since 2015 – to work is part of a larger suite of moves against immigrants, which includes a ban on travellers from five predominantly Muslim countries and a plan to wall the United States off from Mexico.

The announcement will increase the ability of the US government’s immigration agency and its justice department to share information and “to stop employers from discriminating against US workers by favouring foreign visa workers,” John M. Gore, an acting assistant attorney general, said on Friday.

The official statement noted that a law barred companies from preferentially hiring foreign workers, who are often cheaper to pay. “An employer that prefers to hire temporary foreign visa workers over available, qualified US workers may be discriminating in violation of this law,” it said.

The rule will come in response to a lawsuit by Save Jobs USA, which claims that work authorization for certain H-1B spouses robs American workers of jobs. The administration has asked for several extensions, most recently last February when it asked the DC Circuit Court of Appeals to grant it more time to review the economic impact of revoking the program.

The U.S. workforce currently has more than 102 million employees and is at what economists term full employment. The American Immigration Council issued a statement March 26 supporting the continuation of the H-4 EAD program. The non-partisan organization stated that allowing spouses to work brings the U.S. in line with other countries competing to attract talented foreign nationals.

H-1B workers often have a spouse or family to consider, noted AIC, adding that allowing spouses to work means higher retention rates of H-1B employees. “If a spouse retains the option of being employed, the U.S. employer can provide a more appealing and competitive job offer,” stated AIC, adding that highly-educated immigrants are more likely to choose a country where immediate family members are welcome.

Indian doctors, engineers among thousands being denied UK visas due to immigration cap

Latest Office of National Statistics (ONS) data shows Indians as the largest chunk of skilled work visas granted to nationals from outside the EU, indicating that they are likely to be the hardest hit by the UK visa cap

Indian engineers, IT professionals, doctors and teachers are among 6,080 skilled workers holding a UK job offer who were denied visas to the UK since December 2017, according to a data released on Wednesday, indicating that Indians are likely to be the hardest hit by the country’s annual visa cap.

The Campaign for Science and Engineering (CaSE) acquired the figures via a Freedom of Information (FOI) to the UK Home Office to highlight the “scale of the problem” being created due to the British government’s annual immigration cap for skilled professionals hired by UK-based companies from outside the European Union (EU).

Latest UK Office of National Statistics (ONS) figures record Indians as the largest chunk of skilled work visas granted (57 per cent) to nationals from outside the EU, indicating that Indians are likely to be the hardest hit by the visa cap.

“Science, engineering and technology has long benefited from mobility of talent and collaboration across borders – including between India and the UK. The figures we’ve obtained from the Home Office show that currently our immigration system is hampering this ambition,” said CaSE Deputy Director Naomi Weir.

“We’re calling on government to make immediate changes so that employers can access the talent they need, and in the long term to ensure that the UK immigration system is aligned with the ambition to be open and welcoming to science, engineering and tech talent,” she said.

While there is no nationality-wise breakdown of the 6,080 visa refusals under the Tier 2 category between December 2017 and March 2018, it has emerged that more than half (3,500) were for engineering, IT, technology, teaching and medical roles.

The cap under the Tier 2 visa category to allow companies to bring in professionals from outside the EU is set at 20,700 per year, with a monthly limit of around 1,600. Until December 2017, that limit had been exceeded only once in almost six years but since then that limit has been breached nearly every month.

Dr Chaand Nagpaul, chair of the British Medical Association Council (BMA), called for a more “flexible” immigration system which does not end up turning away doctors desperately needed to fill staff shortages in the state-funded National Health Service (NHS).

“The Tier 2 visa quota has been reached for the fifth month in a row, yet there are still more than 100,000 NHS posts unfilled, with vacancy rates rising. At a time when the NHS is under enormous strain and struggling to fill positions, the current visa restrictions and arbitrary caps for non-EU workers entering the UK are inexplicable and threatening patient care and safety,” he said.

Last month, it had emerged that at least 100 Indian doctors were denied visas after being recruited by the NHS due to the Tier 2 monthly quota being over-subscribed.

In other fields as well, experts warn that access to overseas professionals remains crucial for the growth and development of the UK economy.

“Employers know and accept that there is a need for highly skilled immigrants as do the majority of the general public. The people standing in the way are those who set random immigration limits that seem to be plucked out of the air for political purposes,” said Nobel Prize winning Indian-origin scientist Prof Venki Ramakrishnan, the president of the UK’s Royal Society.

CaSE has been lobbying the UK government to make job offers in areas where there were clear shortages, such as science and engineering, exempt from the Home Office cap.

“The cap is beginning to cause damage and it needs to be addressed quickly. In the immediate term, shortage and PhD level roles should be made exempt from the cap. In the long term, an immigration system for a Global Britain that supports research and innovation should not feature a cap on the international specialists we want to attract,” said CaSE Executive Director Dr Sarah Main, who had written to the British Prime Minister Theresa May earlier this year on the issue.

The UK Home Office said that while it recognises the “contribution” of international professionals, it is important that the country’s immigration system ensures that employers look first to the UK resident labour market before recruiting from overseas.

“When demand exceeds the monthly available allocation of Tier 2 (General) places, priority is given to applicants filling a shortage or PhD-level occupations. No occupation on the Shortage Occupation List has been refused a place,” a Home Office spokesperson said.

It also highlighted that any applications refused during over-subscribed months can re-apply for consideration in the next month. However, critics believe the the Shortage Occupation List does not go far enough and the entire quota-based system in unworkable.

Rupee rout: on the Indian currency’s slide Slide of the currency and a widening trade deficit present the RBI with a huge dilemma

India’s macroeconomic threats lie exposed as it grapples with the rupee’s slide. The currency sunk to a closing low of 68.07 against the U.S. dollar on Tuesday, its lowest level in 16 months, before recovering slightly the next day. The rupee, already one of the worst performing Asian currencies, has now weakened 6.2% in 2018.

The rise in crude oil prices through this year, amidst rising geopolitical tensions in West Asia and dwindling global supply, have obviously hurt the rupee and the trade balance. Meanwhile, despite a depreciating currency, India’s merchandise exports are stumbling instead of gaining from the opportunity. April clocked a sharp decline in exports from employment-intensive sectors such as readymade garments and gems and jewelery, according to official data.

The trade deficit has consequently widened to $13.7 billion in April, compared to $13.25 billion in the same month in 2017. The value of oil and petroleum product imports increased by 41.5% from last year to hit $10.4 billion. U.S. sanctions following Washington’s withdrawal from the Iran nuclear deal and a June 22 meeting of OPEC should drive oil price trends hereon. Oil prices apart, the tightening of U.S. monetary policy has almost always spelled trouble for emerging market economies hooked to Western capital inflows. This time it is no different; capital outflows are scuppering the currencies of many emerging market economies.

Silicon Valley college, called ‘Visa Mill’ for Indian Students, shuts down with millions missing

Silicon Valley University, one of the most popular institutions in California for foreign students from South India, was abruptly shut down last month, amid rumors that it was a “visa mill.” Silicon Valley University was seen by some strivers abroad as a ticket into one of America’s hottest job markets, through its ability to back student and work visas. The chairman of the Senate Judiciary Committee recently asked if it might be a “visa mill” — a term used for sham operations where students get visas but a poor education, if any.

In his March 22 letter, Grassley specifically mentioned SVU as a “highly suspect” visa mill. He noted that in 2015, “hundreds” of Indian students, many admitted to SVU, were denied entry to the United States by Customs and Border Patrol.

State regulators have abruptly shut down the nonprofit college in San Jose that until recently enrolled nearly 4,000 students, mainly from other countries, after Chronicle reporters showed that the school had lost its accreditation months ago.

The move came after Senate Judiciary Committee chairman Chuck Grassley, R-Iowa, sent a letter March 22 to Department of Homeland Security Secretary Kirstjen Nielsen, complaining about the lax oversight of the Student and Exchange Visitor Program, which allows students from foreign countries to enroll at accredited U.S. universities. In his letter, Grassley stated that several universities with large bodies of primarily foreign students were in fact “visa mills.”

The SEVP program is designed to offer foreign students three years of curricular practical training, which allows them to get work permits for U.S.-based employment. However, Grassley noted in his letter: “Some institutions offer little, if any, educational opportunities to tuition-paying foreign students seeking work opportunities.”

“These ‘visa mills’ profit from the foreign student tuition and face little governmental oversight when issuing work visas under the program, which is not available to American students. Employers also benefit from hiring foreign student over American workers, as neither the employer nor the foreign students is required to pay payroll taxes for the work,” stated Grassley.

 “News reports suggested that the school might be operating as a visa mill, and in candid interviews students admitted to working “at gas stations, retail outlets, and even restaurants as part of ‘CPT’ to earn a quick buck,” wrote Grassley, adding that the school has nevertheless retained its SEVP certification “sponsoring thousands of aliens for student visas and approving unknown numbers for alien-only ‘training’ programs.”

SVU lost its accreditation last December but continued to operate. The accrediting agency, the Accrediting Council for Independent Colleges and Schools, is itself under investigation, according to a San Francisco Chronicle report. ACICS noted it was revoking its accreditation of SVU for failing audited financial statements and an annual financial report. SVU had asked for several extensions for both documents, according to the ACICS letter, and had asked for yet another extension, prompting the accrediting agency to revoke the university’s accreditation.

California’s Bureau for Private Postsecondary Education also filed a complaint against SVU Dec. 27 for 15 violations of its accreditation. The founders of the non-profit university have been accused of spending large sums of the school’s revenue for personal expenses, including buying homes. SVU charged a tuition of about $45,000 per year.

In an undated and un-signed letter on the home page of its Web site, SVU noted: “Due to the loss of our accreditation from the Accrediting Council for Independent Colleges and Schools (ACICS), the Bureau for Private Post-Secondary Education (BPPE) has notified Silicon Valley University not to conduct any classes or exams at this time, effective immediately.”

India sends 2nd highest number of students abroad to study

With about 211,703 Indian students attending various American universities, India has become the second largest source country of foreign students in the U.S., according to a PTI report.

The Student and Exchange Visitor Program (SEVIS) of the US Immigration and Customs Enforcement’s Homeland Security Investigations have claimed China as number one with 377,070 students.

India sends the second highest number of foreign students to educational institutions in America, said US Consulate General, Public Affairs Officer, and Director of the American Centre, Jamie DragonThe report also states that 49 percent of the female to male student population in the United States is from India and China with interest growing in non-immigrant student visas, the F-1 visa and the M-1 visa.

The F-1 visa is for student who want to attend an American university for academic studies or language training program and the M-1 visa is for who want to attend an American university for non-academic or vocational studies.

From March 2017 to March 2018, both India and China saw a proportional growth of between 1 and 2 percent, with India sending 2,356 more students and China sending 6,305 more students to the U.S. and the level of participation from both countries makes Asia the most popular continent of for international students with 77 percent.

The PTI reports that even though there is a steady growth from both the nations, there was a slight decrease in the number of students coming from Asia to study in the U.S. from countries such as Saudi Arabia, South Korea and Yemen, outweighing the rapid growth from countries such as Pakistan, Myanmar and Cambodia.

The total number of SEVIS records for active female and male students decreased from 1,208,039 in March 2017 to 1,201,829 in March 2018.

Also, the J-1 exchange visitor population has increased from 201,408 in March 2017 to 209,568 in March 2018. The J-1 visa offers cultural and educational exchange opportunities in the United States through a variety of programs overseen by the U.S. State Department.

“Engineering and business are the two most popular subjects among foreign students at our institute. We have about 4,500 international students. Every year we get about 500 to 600 fresh international students. China is number one and India is number two in terms of sending foreign students to our institute,” said Katherine Mangum, coordinator of international recruitment for Iowa State University.

USCIS begins USPS Signature Confirmation Restricted Delivery service to mail Green Cards

 U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will begin phasing in use of the U.S. Postal Service’s (USPS) Signature Confirmation Restricted Delivery service to mail Green Cards and other secure documents beginning April 30, 2018.

The first phase will affect documents that need to be re-mailed because they have been returned as non-deliverable. These documents include Permanent Resident Cards (also called Green Cards), Employment Authorization Cards, and Travel Booklets. Applicants who have changed mailing addresses during the course of the application process are more likely to have their secure documents sent with the new delivery method, which USCIS will expand to all secure documents in the future.

As part of the new delivery method, applicants must present identification to sign for their documents upon delivery. They also have the option to designate an agent to sign on their behalf by completing the Postal Service’s PS Form 3801, Standing Delivery Order (PDF) or PS Form 3801-A, Agreement by a Hotel, Apartment House, or the Like (PDF). Applicants can sign up for USPS Informed Delivery to receive delivery status notifications. Applicants will also have the option to arrange for pickup at a post office at a convenient date and time by going to the USPS website and selecting “hold for pickup.”

Signature Confirmation Restricted Delivery increases the security, integrity, and efficiency of document delivery. The Signature Confirmation Restricted Delivery process provides better tracking and accuracy of delivery information, improving service to applicants.

Information on how to track delivery of secure documents is available on the USCIS website. For more information on USCIS and its programs, please visit uscis.gov or follow us on Tw

USCIS issues restrictions on F-1 student work visas

After curtailing the work visas, the Trump administration has turned its eyes on the work-based student visas, known as the F1 visa, issued to international students. A new set of directives issued by the United States Citizenship and Immigration Services (USCIS) sets restrictions on work that can be done during the critical Optional Practical Training (OPT) period after graduation, which for most students determine whether they can nurture hope of getting an H-1B visa, and subsequently, permanent residency.

Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

An F-1 student may be authorized to participate in pre-completion OPT after he or she has been enrolled for one full academic year. The pre-completion OPT must be directly related to the student’s major area of study. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full time when school is not in session.

An F-1 student may be authorized to participate in post-completion OPT upon completion of studies. The post-completion OPT must be directly related to the student’s major area of study.

According to new rules by the USCIS, F1 visa students can be approved for an OPT only if they are allowed to work onsite, or the premises of a company who has sponsored them for the work-study period. This totally blocks the ability of tech staffing firms and business consultancies, among others, from hiring students with the purpose to serve clients at different locations.

The argument by the USCIS is that the Immigration and Customs Enforcement lack authority to visit client sites for verification of work done by an F1 student. Realistically, it’s a good move by the Trump Administration to stop abuse of foreign students, who often are at the mercy of employers during OPT period. There are no guidelines for salary to students on an OPT.

The new USCIS rule will undoubtedly hamper legitimate companies from hiring foreign students as temp workers during the OPT. It will also hurt students’ ability to get an H-1B visa. International students need to be wary of the new USCIS rules, as any transgression during the OPT will come back to hurt them when they vie for an H-1B visa.

H-1B Cap for 2018 reached within 5 days

The United States (USCISUS) Citizenship and Immigration Services announced April 6 that it has reached the Congressionally-mandated 65,000 visa cap for H-1B high skilled work visa applications, as well as the 20,000 “Master’s exemption” for those with U.S. advanced degrees, five days after it began accepting applications.

The agency did not announce how many applications it had received overall for fiscal year 2019; it will now assign the highly-coveted visa – allotted to highly-skilled workers, primarily from India – via a randomized lottery.

In its announcement, USCIS stated that it will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the FY 2019 H-1B cap.

USCIS said it will also continue to accept and process petitions filed to: Extend the amount of time a current H-1B worker may remain in the U.S.; Change the terms of employment for current H-1B workers; Allow current H-1B workers to change employers; Allow current H-1B workers to work concurrently in a second H-1B position.

Fewer India-based companies are filing for work-based visas. Data released by the Department of Labor shows a dramatic dip in the number of H-1B visa applications from Indian companies in 2017. Infosys, the largest user of the program, had filed 33,245 H-1B applications in 2015, but filed only 20,587 in 2017, a drop of more than 38 percent, as reported by the San Francisco Chronicle. Also significant was Wipro, which filed 12,201 H-1B applications in 2015, but only 5,812 in 2017, a 52 percent drop.

Conversely, Google, the largest U.S. user of the visa program, filed about 4,000 H-1B applications in 2015, and 5,288 in 2017, a jump of 30 percent. Facebook had a 71 percent increase in the number of applications, filing about 1,000 in 2015, and more than 1,700 in 2017. Tesla has tripled its H-1B workforce over the past three years, filing 971 applications in 2017. Uber doubled its H-1B workforce during that same time period, filing 732 applications in 2017.

Shivendra Singh, vice president for global trade development at the National Association of Software and Services Companies – NASSCOM – released a statement April 6, noting: “America’s economy is crying out for more skilled talent, especially in the IT sector. The large number of applications and the speed with which the annual cap is reached demonstrate the high demand for these workers.”

Cap for H-1B visa reached: US Immigration

The US Citizenship and Immigration Services (USCIS) said it has reached the Congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019 and would conduct a lottery to decide successful applicants for the work visa popular among Indian IT professionals.
The fiscal year begins October 1, 2018.

The H-1B visa is a non-immigrant visa + that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

The USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa cap for advanced degree exemption, known as the master’s cap, a statement said. The statement did not mention the exact number of H-1B petitions it received since April 2, when it started accepting applications for the popular work visas for highly skilled Indian professionals.

The H-1B visa has been the preferred visa for Indian IT companies, which has helped them keep costs down and gain a margin advantage over multi-national players by sending its engineers to the US.

However, IT services firms have been accused of misusing the lottery-based system, which allows for 65,000 visas for the general category and a further 20,000 to those with a US Master’s degree from an accredited institution.

The Indian industry has consistently denied this claim, and US President Donald Trump’s administration has been making it increasingly difficult for Indian IT firms to obtain H-1B visas. Most have upped local hiring in the US.

The USCIS said it “will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings.”

The agency will however, continue to accept and process petitions that are otherwise exempt from the cap.

Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the FY 2019 H-1B cap, it said.

USCIS will continue to accept and process petitions filed to extend the amount of time a current H-1B worker may remain in the United States, change the terms of employment for current H-1B workers, allow current H-1B workers to change employers and allow current H-1B workers to work concurrently in a second H-1B position.

Saudi Arabia stops retaining Indian crew passports on arrival

In a major relief to crew of Indian carriers flying to Saudi Arabia, the authorities there have stopped retaining passports of crew members on arrival. Two Indian airlines, Air India and Jet, fly to Saudi and their crew used to get passports back while flying out of the country. India had taken up the issue with the authorities there and Saudi has now stopped this practice.

An AI Spokesperson said: “Crew passports are not being retained, instead a number is entered in crew passport which has a limited validity and crew has to do bio-metric finger printing on each entry.” Jet also confirmed the move.

A senior pilot of Jet Airways had raised the issue with the aviation and external affairs ministry last summer. “A passport is a citizen’s personal proof of identity and nationality when in foreign land, without which a person’s status instantaneously declines to that of a refugee. (Saudi) cannot be allowed to treat its visitors with such disdain. We enter their airspace and country only at their request and permission,” the letter titled “passport retention – Saudi Arabia” sent to aviation and foreign ministries said.

While Saudi had been retaining crew passports for a long time, last July the crew of an Air India flight to Jeddah were detained during random checks for documents while travelling in the city. They were released after the airline intervened and told the police the crew did not have original documents since the same had been retained on arrival at Jeddah airport.

It”s all because of great personality like Maam Shushma Swaraj who sleeps less but thinks more of Indians. Allah grant her very healthy life. Jai Hind.Shoeb Ahmed

Last August, AI asked its crew members operating flights to Saudi Arabia to carry their names on the hotel letter pad along with the telephone numbers of the hotel, immigration and airport. “All crew are hereby informed that along with the crew permit and Air India identity cards in Jeddah, you are now required to carry the details of crew names written in Arabic on the letterhead of the hotel. The letterhead will also have the phone numbers of the hotel, immigration department and airport. All crew laying over at Jeddah are required to comply with the above requirements for their own safety,” AI had told its crew members who operated flights to Saudi.

With Saudi stopping this practice, crew members of Indian airlines can breathe easy there. This is the second step taken by Saudi in recent days in the field of aviation cooperation. The other being Air India operating its flights between Delhi and Israel over Saudi airspace enroute, in a first for any commercial airline flying to or from Israel in last 70 years.

El Al Sues Israel After Air India Flies Through Saudi Airspace

The Israeli government has hailed Air India’s new nonstop service from New Delhi to Tel Aviv as a historic breakthrough — the Indian carrier is the first commercial airline to take a geopolitical shortcut through Saudi Arabian airspace.

But Israel’s national airline, El Al, still has to take the long way and fears that it will suffer serious financial damage from what it views as aerial discrimination.

So in a first of its own, El Al petitioned Israel’s Supreme Court on Wednesday, filing suit against the government; the Civil Aviation Authority; Prime Minister Benjamin Netanyahu; the transportation minister, Yisrael Katz; and Air India.

Flying in a straight line cuts more than two hours off the usual flight time, and allows Air India to lower its ticket price. Even though Saudi Arabia granted permission for the route, El Al is asking the Israeli court to prevent Air India from taking the shorter path unless the Israeli carrier

receives a similar permit.

The dispute was touched off by Air India’s inaugural flight last week from New Delhi. As is the case with most of its neighbors in the Middle East, Israel does not have formal diplomatic relations with Saudi Arabia, and the Saudis have for decades banned jets traveling to or from Israel from crossing their airspace.

US wants visa applicants to submit phone, email, social media details

The Trump administration wants all US visa applicants to submit details of their previous phone numbers, email addresses and social media histories as part of its “vetting” practice and to prevent entry of individuals who might pose a threat to the country.

In a document posted on the Federal Register on Thursday, anyone who wants to come to the US on a non-immigrant visa will have to answer a list of questions under new rules.

The State Department estimates that the new visa forms would affect 710,000 immigrant and 14 million non-immigrant visa applicants.

It said that in addition to asking the visa applicants to provide their identifications or handles of their social media platform, they would also be asked to give details of their phone and mobile numbers used in the last five years.

Other questions seek five years of previously used telephone numbers, email addresses and international travel whether the visa applicant has been deported or removed from any country and whether specified family members have been involved in terrorist activities, said the document which would be formally published today.

After its publication, the public would have 60 days to comment on the proposed new visa form.

“One question lists multiple social media platforms and requires the applicant to provide any identifiers used by applicants for those platforms during the five years preceding the date of application,” the document said.

It said the State Department will collect the information from visa applicants for “identity resolution and vetting purposes” based on statutory visa eligibility standards.

However, it intends not to routinely ask the question of applicants for specific visa classifications, such as most diplomatic and official visa applicants, it said. The revised visa application forms will also include additional information regarding the visa medical examination that some applicants may be required to undergo.

Changes to H1-B Visa process that started on April 2nd

H-1B visa filing for the fiscal year 2019 (beginning October 1, 2018) started on April 2nd. The petitions for the H-1B visas, most popular visa among Indian IT professionals, began to  accept applications starting this week. According to US Citizenship and Immigration Services (USCIS) website, the government began accepting H-1B petitions that are subject to the FY 2019 cap from April 2, 2018. Companies/individuals can file an H-1B petition no more than six months before the employment start date requested for the beneficiary.

The H-1B filing season comes after the Donald Trump administration late last month announced new rules for H-1B visa holders. The new rules come via a 7-page policy memorandum published by USCIS. Here are the eight big recent changes announced regarding H-1B visa filing and process. H-1B visa will be granted for only that duration for which a beneficiary will have to do the specified work.

Currently, visas are granted for three years and an extension for another three years is almost given. US Citizenship & Immigration Services (USCIS) said, in the new guidance issued, that its officers can seek detailed documentation and more evidence from companies to establish that they have specific assignments in a specialty occupation for the H-1B beneficiary, and that they have these assignments for the entire time requested on the petition.

The new rules imply that one may not even now get the initial full three years. There will be more paperwork as detailed documentation will be required on the nature of assignment at the client site. India’s apex software body National Association of Software and Services Companies (NASSCOM) said, “This will be an unnecessary and expensive paperwork burden that will not make much difference (to companies sending their own staff).” Under the new policy announced by Trump administration, companies have to prove that the employees that they send to the US on H-1B visas have “specific and no speculative qualifying assignments in a speciality occupation” for the entire visa period.

This means that employees coming to the US on H-1B visa cannot be moved between projects and companies once they are in the country. A Bengaluru-based staffing expert told the media that when third-party companies file petitions for H-1B visas to deploy professionals, they eventually employ people on multiple worksites and the fresh policies will put in stringent paperwork to do that. The new policy suggests that companies may have to share additional evidence, such as more details in the work orders or in letters from the end client regarding the beneficiaries’ work.

The contract letter should now provide additional information, such as a detailed description of the specialized duties the beneficiary will perform, the qualifications required to perform those duties, the duration of the job, salary or wages paid, hours worked, benefits, a detailed description of who will supervise the beneficiary and the beneficiary’s duties, and any other related evidence.

‘Unknown Tibet: The Tucci Expeditions and Buddhist Painting’ Opens to American Audiences for First Time

Buddhism & Beyond is a series of programs exploring Buddhism, its practice, and its popularity in contemporary culture, organized in conjunction with the exhibition Unknown Tibet: The Tucci Expeditions and Buddhist Painting, on view at Asia Society Museum from February 27 through May 20, 2018.

Last week, Asia Society Museum showcased the rich, vibrant, Tibetan paintings discovered by Italian academic and explorer Giuseppe Tucci to American audiences for the first time in the exhibition Unknown Tibet: The Tucci Expeditions and Buddhist Painting. The collection of paintings and photographs — which are on loan from the Museum of Civilisation-Museum of Oriental Art’s Giuseppe Tucci exhibition in Rome — highlight Tucci’s contributions to the understanding of Tibet, including Tibetan Buddhism, in the West.

The exhibition, which is curated by Deborah Klimburg-Salter, University Professor Emeritus, CIRDIS, Institute for Art History, University of Vienna; and Associate, Department of South Asian Studies, Harvard University and Adriana Proser, John H. Foster Senior Curator for Traditional Asian Art, Asia Society, opened at Asia Society New York on February 27 and is on view through May 20. Asia Society Museum celebrated the occasion with a special opening celebration for members that included tea tastings, exhibition tours, a lecture led by Klimburg-Salter, a welcome from the Lulu and Anthony Wang Asia Society President and CEO Josette Sheeran, remarks from Asia Society’s Vice President of Global Arts and Programming Boon Hui Tan, and a blessing from a Tibetan monk.

Termination of Work Authorization for H-4 Visa Holders put on hold

The Department of Homeland Security issued a court filing on February 28th, stating it would not issue a new rule terminating work authorization for H-4 visa holders until June because it needed to review the economic impact of terminating the program.

DHS had been expected to issue a Notice of Proposed Rule Making – NPRM – in February, intending to revoke H-4 EADs. In 2015, the Obama administration granted work authorization to certain H-4 visa holders – about 100,000 women from India – whose spouses are on track to get legal permanent residency.

The Department of Homeland Security had announced on December 15, 2017 that it was proposing a rule that would end work authorization for H-4 visa holders, stripping more than 100,000 people – largely women from India – of their ability to legally work in the U.S. The DHS proposal has caused panic in the Indian American community, as H-4 visa holders with employment authorization could lose their ability to work as early as this summer.

Several groups had opposed this sudden move by the Trump administration. The Information Technology Industry Council, a major lobbying group for the tech industry, led a group of 10 IT organizations which sent a letter Jan. 17 to U.S. Citizenship and Immigration Services director Lee Francis Cissna supporting the continuation of work authorization for H-4 visa holders.

In its letter to Cissna, ITIC and the co-signers noted: “The H-4 rule represents a valuable but targeted opportunity for us to not just attract and retain talent, but to promote immigration to the United States on the basis of one’s skills and merit. Rescinding this program would harm America’s economic competitiveness and hinder efforts to recruit and retain the most qualified employees.”

“It is a function of the failure to reform our nation’s immigration system that this group of H-4 spouses — the majority of whom are women — continue to face uncertainty and may be prevented from working while they wait for bureaucratic backlogs to be cleared,” noted the organization in its letter to Cissna.

ITIC noted that in 2016 there were approximately 3.3 million STEM-related job openings posted online, but U.S. universities graduated 568,000 students with STEM degrees that year.

“To meet this job demand, it is vital that we not only provide STEM education and training to more U.S. children, workers, and college students, but that we also recruit the top talent from U.S. universities and from abroad. The H-4 rule is instrumental in allowing U.S. employers to fill these critical positions with qualified professionals,” stated ITI.

The organization Save Jobs USA filed a lawsuit in 2016, claiming that several computer workers for Southern California Edison had been replaced in 2015 by guest workers from India. The suit is currently being considered by the 9th Circuit Court of Appeals in Washington, DC.

In its filing, DHS noted: “DHS was working to issue an NPRM in February 2018. However in January 2018, United States Citizenship and Immigration Services (USCIS), the component of DHS responsible for oversight of the H-4 visa program at issue in this litigation, re-evaluated the rule and determined that significant revisions to the draft proposal were necessary.”

“Those revisions required a new economic analysis, which required an additional several weeks to perform. The changes to the rule and the revised economic analysis require revisions to the projected timeline for the NPRM’s publication, and therefore cannot be issued in February.”

“Under the revised timeline, DHS anticipates submitting to the Office of Management and Budget for review and clearance the proposed rule in time for publication in June 2018. DHS’s intentions to proceed with publication of an NPRM concerning the H-4 visa rule at issue in this case remain unchanged,” stated the agency in the filing with the United States Court of Appeals for the District of Columbia.

In a recent survey, sampling more than 2,400 H-4 visa holders who currently have work authorization. 59 percent have postgraduate or professional degree and above and 96 percent have a bachelor’s degree and above. 43 percent purchased a home after receiving work authorization. 35 percent of them bought a home over $500,000. 49 percent have annual individual income of over $75,000. 18 percent have over $100,000 annual income. 60 percent pay taxes of more $5,000. Five percent have started their own businesses, creating employment for American workers.

US announces 2+2 ministerial dialogue with India to take place in Washington DC

In an on-going sign of growing partnership, the United States has announced that the inaugural “2+2” ministerial dialogue between its defense and state department secretaries and their Indian counterparts will take place in Washington. The dialogue is expected to be held on April 18 or 19.
“We expect to launch our inaugural 2+2 dialogue with India in Washington this spring, when secretary (Rex) Tillerson and secretary (James) Mattis will meet with their Indian counterparts to further deepen our security ties,” state department deputy secretary John Sullivan said during a senate hearing on the Trump administration’s Afghanistan-centric South Asia strategy.
The launch of the dialogue was announced in August last year. The White House had said in a statement, “establishing a new 2-by-2 ministerial dialogue … will elevate their (the two countries’) strategic consultations”.
While secretaries Mattis and Tillerson have met their Indian counterparts Nirmala Sitharaman and Sushma Swaraj before, this will be the first meeting in a 2+2 (or 2 by 2) format of simultaneous meeting.
This 2+2 replaces the strategic and commercial 2+2 that India and the US had been holding for a few years earlier, involving the defence and commerce ministries in discussions focussed on expanding defence and bilateral trade ties.
At the hearing, Sullivan spoke also of India’s involvement in Afghanistan in the context of President Trump’s south Asia strategy, which accords a larger role to India. “The United States and India share economic and humanitarian interests in Afghanistan,” he said.
“India has allocated more than $3 billion in assistance to Afghanistan since 2001. India further strengthened ties with Afghanistan with the signing of a development partnership agreement. We appreciate these contributions and will continue to look for more ways to work with India to promote economic growth …”

American firms want more H-1B visas issued to foreign-born workers

While Trump administration is going on with its plan to slash or do away with the H-!B, highly skilled workers visas, Americans want the number of H-0! B visas issued per year to be increased from its current 85,000.
Some 400 hiring managers in the science and tech fields say by a ratio of nearly six to one that they will be looking for foreign talent this year. According to a survey by Chicago-based Envoy Global, an immigration services firm, 59% of respondents said they would be hiring more foreign employees at their U.S. offices, up from 50% who said so in 2017 and 34% in 2016.
“The survey respondents tell us they need higher skilled immigrants and think Washington should increase the cap for the H-1B,” says Richard Burke, Envoy’s CEO. The survey was released on Wednesday.
Seven in 10 employers said that having a global workforce was “very” or “extremely important” to their talent strategy (up from 63% last year). Some 77% cited the need to fill a skills gap for looking abroad. Almost 100% of human resource managers surveyed said that their companies changed their green card policy over the past year, with 31% saying they are sponsoring green cards faster.
H-!B is not exactly an immigrant visa, though it does allow for foreigners to work legally in the United States for at least two years. But it is one of the most controversial immigration topics after building a wall and the “Dreamers.”
The H-1B visa, dominated by the big three Indian outsourcers, is in more demand this year than last. Demand is nearly double where it was in 2016. The visa program has been roundly criticized by American tech workers who have been replaced by foreign workers, or feel their salaries have stalled out due to imported, skilled labor.
The U.S. issues 85,000 new H-1B visas annually, including 20,000 that go to foreign nationals graduating from Masters or Ph.D. programs in the U.S. A similar number of H-1B visas get renewed each year. “We asked if human resources executives would prefer a merit-based immigration system and 77% of them said yes,” Burke says.
A new H-1B reform bill by Republican Senators Orrin Hatch and Jeff Flake introduced legislation that aims to increase the annual quota of H-1B visas to around 100,000 and lift the cap on the 20,000 visas going to recent graduates of U.S. schools if the employer agrees to sponsor them for a green card. The bill also would allow spouses of H-1B holders a special visa to work.
Some politicians want to see minimum pay stretched out from $60,000 for basic computer software engineers to $100,000. The U.S.-centric tech companies think that will pull some of the visas away from the big Indian firms that dominate the visa program. Roughly 60% of those visas go to Indian nationals working for the big three.
Although the numbers are low in terms of the overall new immigration population here, the H-1B has run into public relations problems due to lawsuits against a number of companies, including India IT outsourcer Infosys.
60 Minutes did a special on the H-1B visa program, with workers citing abuses of the program by their American employer. But immigration policy changes in Washington are making the process of bringing in foreigners slower, with more rings of fire to jump through.
“Trump’s immigration enforcement push is making it harder,” says Burke, citing survey data. “Requests for applications go through slower, site visits are up from U.S. Citizenship and Immigration Services, and requests for evidence on applicants is increasing.”

US has not made major change to H-1B regime: Sushma Swaraj

Allaying apprehensions over changes in H-1B visa rules, foreign minister Sushma Swaraj said there had, so far, been no major change in the H-1B programme, adding India had been in touch with the US administration and US Congress over the issue.
In response to Congress Rajya Sabha member Rajeev Shukla, who had raised his concerns over the issue on January 4, Swaraj noted that whatever changes had been made were meant to enforce existing rules strictly and to stop the programme’s misuse.
She assured Shukla that the government had been keeping a close eye on the issue, and been in touch with all the stakeholders to protect the interests of Indian techies and employers in the US.
In her February 2 note, she also referred to a January 8 statement of the US Citizenship and Immigration Services, wherein it was clarified that the Trump administration was not considering any proposal that could force the deportation of hundreds of thousands of H-1B visa-holders.

ICE arrests went up in 2017, with biggest increases in Florida, northern Texas, Oklahoma

After years of decline, the number of arrests made by U.S. Immigration and Customs Enforcement (ICE) climbed to a three-year high in fiscal 2017, according to data from the agency. The biggest percentage increases were in Florida, northern Texas and Oklahoma.
ICE made a total of 143,470 arrests in fiscal 2017, a 30% rise from fiscal 2016. The surge began after President Donald Trump took office in late January: From his Jan. 20 inauguration to the end of the fiscal year on Sept. 30, ICE made 110,568 arrests, 42% more than in the same time period in 2016.
Trump signed an executive order on Jan. 25 that expanded ICE’s enforcement focus to most immigrants in the U.S. without authorization, regardless of whether they have a criminal record. Under President Barack Obama, by contrast, ICE focused its enforcement efforts more narrowly, such as by prioritizing the arrests of those convicted of serious crimes.
Despite the overall rise in arrests in 2017, ICE made about twice as many arrests in fiscal 2009, the year Obama came into office (297,898). This total generally declined in subsequent years.
ICE reports arrests geographically by “areas of responsibility.” Although they are named for field offices in major cities, these areas can encompass large regions of the U.S., with some covering four or more states. The Miami area of responsibility, which covers all of Florida, saw the largest percentage increase in ICE arrests between 2016 and 2017 (76%). Next were the Dallas and St. Paul regions (up 71% and 67%, respectively). Arrests increased by more than 50% in the New Orleans, Atlanta, Boston and Detroit regions as well.

Other ICE regions, including those on the U.S.-Mexico border, saw relatively little change in arrests compared with the 30% increase nationally. The Phoenix and El Paso areas, for example, rose around 20% each. The San Antonio and Houston areas in particular saw almost no growth from 2016 to 2017 (up 1% and 5%, respectively). No region reported a decrease in arrests.
The overall number of immigration arrests made by ICE in 2017 varied around the U.S., and the most arrests did not always occur in areas close to the U.S.-Mexico border or in places with the largest unauthorized immigrant populations (such as the New York and Los Angeles metro areas).
ICE arrests were highest in the agency’s Dallas area (16,520), which also saw the largest increase in absolute numbers between 2016 and 2017 (up 6,886). The Houston and Atlanta areas had the second- and third-highest totals in 2017 (each around 13,500), followed by the Chicago, San Antonio and Los Angeles areas (each with roughly 8,500 arrests).
The Dallas area led the nation in ICE arrests last year for the first time during the period analyzed (fiscal 2009-2017). In more recent years, areas closer to the Texas-Mexico border (including Houston and San Antonio) topped the list for arrests. However, the El Paso area, which is also located on the country’s southern border, had among the fewest ICE arrests in the nation in 2017, with fewer than 2,000 – just slightly more than in the Baltimore and Buffalo areas.
Despite a 39% increase in arrests, the New York area of responsibility had among the fewest total ICE arrests in 2017 (roughly 2,600), even though it includes the New York City metro area – home to one of the nation’s largest unauthorized immigrant populations, according to Pew Research Center estimates. The city itself has recently gained attention for its limited cooperation with federal immigration procedures and attempts to boost its “sanctuary city” status by expanding protections for unauthorized immigrants. New York was among several jurisdictions cited by ICE as having policies that restrict cooperation with federal immigration authorities. Jurisdictions within the Baltimore, Buffalo and El Paso areas also made the list. (Many of these policies were enacted long before Trump took office.)
Recent immigration arrest patterns demonstrate a growing emphasis by federal authorities on interior enforcement efforts. While ICE arrests went up significantly between 2016 and 2017, arrests made by U.S. Customs and Border Protection (CBP) – the federal agency responsible for enforcing U.S. immigration laws on the border – have declined. CBP agents made 310,531 apprehensions in 2017, down 25% from 2016 and the lowest total in over 45 years. Despite this decrease, CBP apprehensions still far outnumber arrests by ICE.

Indian-Americans march in support of Trump’s new immigration policy

Several hundred Indian-Americans participated in a march outside of the White House on Saturday, February 3, in support of U.S. President Donald Trump’s proposal to implement a “merit-based” immigration system in the country along with demanding the discontinuation of India’s country quota for Green Card approvals, according to a PTI report.
According to the PTI report, Indian-Americans marched with signs saying “Trump Loves Hindus,” “Trump Loves India,” “Trump bringing Ram Rajya” and “Indians Love Trump,” under the banner of the Republican Hindu Coalition (RHC), an organization led by Chicago-based businessman Shalabh Kumar who happens to be close to Trump.
These marchers were predominantly by professionals and workers who had come from all over the U.S. including California, Texas, North Carolina, South Carolina, New Jersey, Illinois and New York. Krishna Bansal, the National Policy and Political Director of RHC, told PTI that “Trump’s proposal to end family unification immigration would open up more space for Indian skilled workers.”
According to the PTI report, nearly half of the one million Green Cards which are issued every year go to close relatives of American citizens regardless of their skills and the Trump administration wants to restrict this practice.
“Thirty per cent of the country’s skilled immigrants come from India, but they have to wait several decades before being eligible for Green Cards. These are people who are already here, contributing to the economy, paying their taxes and raising their families,” he told PTI.
Bansal added that the group also supported several other proposals including; building a wall on the U.S.-Mexico border, ending the diversity lottery program for Green Card allotment and the ending of ‘chain migration.’
According to PTI, Indian applicants are often at disadvantage when it comes to acquiring a Green Card as the current country approval rate for India in 7 percent allowing 9,800 people to receive them every year while more than 50,000 people join that queue each year.
The Trump administration has not indicated its views on this issue, but marchers in front of the White House told PTI that the president’s declared preference for “merit-based” immigration would tilt the balance in their favor, according to the PTI report.
Krishna Mullakuri, whose Green Card application has been pending for five years, agreed with the view and told PTI that the emphasis on merit as the primary criteria for allowing new entrants into the country would work to India’s advantage.
According to PTI, Saturday’s march was not only kept to endorse Trump’s immigration proposal but also to highlight the issues concerning the legal residents who are already in the country. “While the current discussion is primarily focusing on those who illegally entered the country, we are working with the lawmakers to get some attention on this group that reached this country legally but face uncertainty now,” Bansal told PTI.
Another immigration issue which was brought up on Saturday was about the protection of ‘dreamers,’ or undocumented residents who were brought into this country illegally as children. According to PTI, protection is provided for them under an Obama era executive action which will end in March if new legislative action is not taken as the Trump administration has offered a path to citizenship for 1.8 million undocumented residents if Democrats agree to tougher restrictions on legal immigration and enforcement.
The Indian American marchers on Saturday supported this policy saying “Dreamers Pay for the Wall” and “Make American Strong Again” as Bansal told PTI that since the President’s proposals were generous, those being offered a path to citizenship would be happy to pay any fees that would help fund the building of the wall on the U.S.-Mexico border.
But it was the future of their children which many marchers were concerned about as upon turning 21, their children would lose their dependency status and will have to be deported back to India.
“These are legal dreamers. Colleges are reluctant to admit them as their visa status has to be changed midway through the course. And once they are graduates, they go back to the end of the queue, again starting with an H-1B application,” Ramesh Ramanath told PTI. “While they address the issue of dreamers, this question also should get priority,” he added.
In a novel move, the organization and its supporters tied the fate of H-4 kids to those of Dreamers – 800,000 undocumented youth who receive relief from deportation through the Deferred Action for Childhood Arrivals program. RHC supports a program that would give DACA kids a purple card – as opposed to a green card – with no pathway to citizenship and a mandate to pay $2,500 per year to build President Donald Trump’s much-vaunted border wall.
An estimated 7,300 Indian American youth currently receive relief from deportation and work permits from the DACA program. Overall, Asian Americans constitute 20 percent of DACA recipients. Trump rescinded the program Sept. 5, 2017, giving Congress a March 5 deadline to come up with a permanent fix.
People attending the RHC rally shouted slogans saying DACA should be renamed DAICA – Deferred Action for Illegal Childhood Arrivals. The group has coined the term DALCA for H-4 children who are aging out of the system: Deferred Action for Legal Childhood Arrivals.
H-4 children, the dependent minors of H-1B visa holders, face the daunting prospect of being forced to return to the home country once they turn 21 and are no longer considered dependent (see earlier India-West story here: http://bit.ly/2ru9w5A). Long delays of up to 70 years and backlogs in allocating employment-based green cards have left 200,000 H-4 children facing an uncertain future.
But the Social Security Administration noted in 2013 that the nation’s 11 million undocumented immigrants add about $13 billion to the nation’s coffers each year via payroll taxes. Responding to the RHC proviso that DACA kids should pay for a border wall, Shekar Narasimhan, chairman and founder of the AAPI Victory Fund, told India-West: “This is divide and conquer. It’s very short-sighted and absolutely wrong.”
“The issue of aging H-4 children is a valid one and should be addressed, but you cannot pit one group of kids against another,” he said. “There is scope to address both issues at the same time. We should be working together for comprehensive immigration reform,” said Narasimhan, advocating for a system that is both merit-based, but pays heed to family reunification.
The RHC has taken Trump’s position on immigration, calling for an end to family reunification and a solely merit-based system. Taking a page from the president’s playbook, the RHC said in a press release that more than 1,000 people had attended the rally. Narasimhan estimated the crowd at about 200. “In DC, a gathering of 200 people is basically a group of pedestrians,” he joked. At the rally, The RHC also proposed to do away with the seven percent per-country annual cap on employment-based green card allocation, which has created a logjam for Indians.

Immigrant rights activist Ravi Ragbir granted temporary stay of deportation

Ravi Ragbir, the executive director of the immigrant rights group New Sanctuary Coalition of New York City, has been granted temporary stay in the country, according to several news reports. According to the New York Post, Ragbir, an Indian American, was arrested by Immigration and Customs Enforcement after a routine check-in on Jan. 11 which sparked protests leading to nearly 20 arrests.
With just hours to go before his scheduled Saturday deportation, immigration rights leader Ravi Ragbir sued the federal government on First Amendment grounds and won a temporary stay of removal.
“Like so many people who are living in this country under the threat of deportation, I know how important it is to raise our voices against the injustices in the system,” Ragbir said in a statement. “This lawsuit is not just about me, it is about all of the members of our community who are speaking out in our struggle for immigrant rights,” the Brooklyn-based activist said.
In court paperwork dated Thursday, federal prosecutors agreed to postpone Ragbir’s deportation until a follow-up court ruling in the case that’s not expected until at least mid-March. According to amNewYork, a judge had ordered his release from detention on Jan. 29, ruling that it was “unnecessarily cruel.” However, he was ordered to report to ICE for deportation on Saturday, Feb. 10.
But on Friday, Feb. 9, the U.S. Attorney’s Office in Manhattan agreed to grant Ragbir a temporary stay as many local and nationwide advocacy groups filed a First Amendment lawsuit accusing U.S. Immigration and Customs Enforcement and other officials of targeting immigrant-activists for deportation, according to Patch.com.
ICE has denied such allegations stating: “ICE does not target unlawfully present aliens for arrest based on advocacy positions they hold or in retaliation for critical comments they make. Any suggestion to the contrary is irresponsible, speculative and inaccurate.” Now Ragbir will only appear for a check-in with ICE at the Jacob K. Javits Federal Building in New York City on Saturday, according to several news reports.
“Justice was restored today, at least temporarily, as Mr. Ragbir is now able to remain in the United States and free until the Court reviews his constitutional claims,” Ragbir’s attorney R. Stanton Jones told the New York Post.
Ragbir had come to the United States from Trinidad in 1991 and obtained a green card in 1994. He was then convicted of wire fraud in 2001 and was detained in 2006 for nearly two years after a judge ordered deportation because of his conviction.
However, he was released as ICE determined that he wasn’t a danger to the community and he got married to Amy Gottileb in 2010 after which according to a Washington Post report, he received work authorization and four stays of removal.
According to Patch.com, Ragbir will also be appearing in a New Jersey federal court on Friday in an attempt to overturn his criminal conviction and see whether or not a judge there would also put a stay on his deportation. According to the court order, Ragbir and other plaintiffs on the lawsuit against U.S. Immigration and Customs Enforcement and other officials, will have until Monday to file any additional paperwork while the defendants will have until Mar. 1 to file a response to which the plaintiffs must file a reply by Mar. 14.

Amidst controversies, a new H-1B reform bill seeks to expand annual quota

While the debate on hiring foreign workers and granting them a way to citizenship, a new Bill has been introduced in the US Senate that increases the annual quota of H-1B visas from 65,000 to 85,000. The Bill, the Immigration Innovation Act, by the Republican Senators Orrin Hatch and Jeff Flake introduced legislation on H-1B, which is a common work visa granted to high-skilled foreigners to work at companies in the U.S.

The Visa is valid for three years, and can be renewed for another three years. In addition, the legislation would also provide work authorization for spouses and children of H-1B visa holders. But the program is particularly near and dear to the tech community with many engineers vying for one of the program’s 65,000 visas each year. Demand often exceeds the supply — in which case, a lottery system is activated.

The Diversity Immigrant Visa Program, which the Trump administration wants to terminate, awards up to 50,000 individuals per year a visa for a green card, which allows permanent residency and is a path to US citizenship. Trump has been against diversity visa as he believes that this does not attract the best and the brightest to the US.

The bill proposes to add a “market-based escalator” so the supply can better support demand. That means granting up to 110,000 additional visas (a total of 195,000), and prioritizing visas for those with master’s degrees, foreign Ph.D.’s or U.S. STEM bachelor degrees.

The bill, originally introduced in the Senate in January 2015, seeks to placate the Trump administration’s concerns. For example, by specifying that employers may not use the visa with intent to substitute an American worker. Moreover, it seeks to remove per country limits for green cards sponsored by employers, which contributes to a backlog for citizens from countries like India and China. The bill also proposes lifting the existing cap of 20,000 additional H-1B visas reserved for those with master’s degrees if their employers agree to sponsor their green cards.

“Senator Hatch believes that in the current political environment this effort represents an ideal step in bringing Republicans and Democrats together to address flaws in our broken immigration system,” said Senator Hatch’s spokesman Matt Whitlock in a statement. Hatch announced earlier this month that he won’t seek re-election.

US President Donald Trump has proposed to end the visa lottery system in favour of reducing backlogs of highly-skilled workers, a plan which may benefit thousands of Indian IT professionals who are currently having several decades of waiting period to get their Green Cards. If passed by the Congress and signed into law, such a move is expected to significantly reduce the green card backlogs for highly skilled immigrants from India.

Diversity visas are allocated geographically. Nationals of countries from which 50,000 or fewer immigrants came to the US over the previous five years combined are eligible for diversity visas. Immigrants from any one country may not receive more than seven per cent of diversity visas issued annually.

Given that there are hundreds and thousands of Indian IT professionals waiting in queue to get their green cards because of the current country quota, the relocation of diversity visa numbers to green cards is expected to hugely benefit them.

Immigrants from 18 countries are not eligible for diversity visa because they sent more than 50,000 immigrants to the US over the previous five years combined. The countries are Bangladesh, Brazil, Canada, China, Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, the UK and Vietnam.

Meanwhile, the Trump administration is potentially out to revoke the Obama-era H4 EAD rule, which extended unrestricted employment eligibility to certain H-4 visa holders, that is, dependant spouses of H-1B holders seeking a lawful permanent resident status. This could happen as early as next month. If acted upon, it is unclear if this would revoke the already issued H-4 EADs — but, in all likelihood, may prevent renewals in future.

The Information Technology Industry Council, a major lobbying group for the tech industry, led a group of 10 IT organizations which sent a letter Jan. 17 to U.S. Citizenship and Immigration Services director Lee Francis Cissna supporting the continuation of work authorization for H-4 visa holders.

The Department of Homeland Security announced Dec. 15 that it is proposing a rule that would end work authorization for H-4 visa holders, stripping more than 100,000 people – largely women from India – of their ability to legally work in the U.S. The DHS proposal has caused panic in the Indian American community, as H-4 visa holders with employment authorization could lose their ability to work as early as this summer.

There has been an ongoing campaign targeting US Senators and the public at large to save the H-4 EAD and understand the plight of those who would be affected. “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” is how directly the US Department of Homeland Security worded its intent in its Fall 2017 regulatory agenda, sounding alarm bells in the homes of several US-based Indian professionals.

ITIC noted that in 2016 there were approximately 3.3 million STEM-related job openings posted online, but U.S. universities graduated 568,000 students with STEM degrees that year. “To meet this job demand, it is vital that we not only provide STEM education and training to more U.S. children, workers, and college students, but that we also recruit the top talent from U.S. universities and from abroad. The H-4 rule is instrumental in allowing U.S. employers to fill these critical positions with qualified professionals,” stated ITI.

The letter was co-signed by Fwd.us, an immigrant rights organization founded by Facebook founder and CEO Mark Zuckerberg and supported by several leading IT companies. The National Association of Manufacturers, the Semiconductor Industry Association, and the U.S. Chamber of Commerce were also signatories, along with five other industry lobbying groups.

Foreign citizens make up 71% of Silicon Valley tech workforce

While the Trump administration and the right wing Republicans continue to mount their attack against foreign workers in this country, a new report has found that Silicon Valley would be lost without foreign-born technology workers.

About 71 percent of tech employees in the Valley are foreign born, compared to around 50 percent in the San Francisco-Oakland-Hayward region, according to a new report based on 2016 census data.

Many foreign tech workers are employed under the controversial H-1B visa — intended for specialty occupations — which has become a flashpoint in the U.S. cage fight over immigration, with opponents claiming it lets foreigners steal American jobs. Several companies and UC San Francisco have been accused of abusing the visa program by using it as a tool to outsource Americans’ jobs to workers from far-away lands.

Although 2016 data released by the federal government last year showed that outsourcing companies — mostly from India — raked in the bulk of H-1B visas, Google took more than 2,500 and Apple took nearly 2,000 to hire foreign workers, about 60 percent of them holding master’s degrees.

“The H1-B process is not just complicated — it’s also quite expensive to sponsor an H1-B visa worker, a cost larger companies may be more willing to absorb,” the report pointed out. Legal blog UpCounsel puts the cost of the H-1B process at $10,000 to $11,000 per employee.

The report did not include a breakdown for Silicon Valley of how many foreign-born tech workers are U.S. citizens, versus visa holders. But the paper’s research indicated that 63 percent of Seattle’s foreign-born tech workers were not American citizens. Applications for foreign visas for work at other large American technology companies, according to a recent analysis of Department of Labor records covering eight major tech businesses between October 2015 and October 2016.

Applications submitted by contractors accounted for half of the H-1B visa applications for jobs at PayPal Holdings Inc.’s headquarters, 43 percent of those on Microsoft Corp.’s campus, 29 percent at EBay Inc.’s headquarters, and about a quarter of those at the Googleplex. At Facebook Inc., contracting companies submitted 12 percent of the applications for jobs at its headquarters. According to the analysis, Apple Inc. barely relies on contractors who employ workers through H-1B program to staff its headquarters, and Amazon.com Inc. doesn’t appear to use them at all. The contractors included Infosys and Wipro.

The H-1B visas are not only used in Silicon Valley. They are used across the nation. Several other large and small companies continue to use this program that allows 65,000 highly-skilled workers to be hired each year to fill the position that are not normally able to be filled by American workers.

Naturalization rate among U.S. immigrants up since 2005, with India among the biggest gainers

From Pew Research

Most of the United States’ 20 largest immigrant groups experienced increases in naturalization rates between 2005 and 2015, with India and Ecuador posting the biggest increases among origin countries, according to Pew Research Center estimates of immigrants eligible for U.S. citizenship.

This trend came during a period when the total number of naturalized immigrants in the U.S. increased from 14.4 million in 2005 to 19.8 million in 2015, a 37% increase.

By 2015, eligible immigrants from India had one of the higher naturalization rates (80%) due to a 12-percentage-point increase in its naturalization rate since 2005. Only eligible immigrants from Ecuador (68% in 2015) had as large an increase. This is a bigger increase than for U.S. immigrants overall, among whom naturalization rates jumped from 62% in 2005 to 67% in 2015. (Eligible immigrants from Vietnam, 86%, and Iran, 85%, had the highest naturalization rates of any group in 2015.)

Only a few nations did not have increases. The naturalization rates among eligible immigrants from Honduras, China and Cuba declined or remained largely unchanged from 2005 to 2015 (the most recent year for which Pew Research Center estimates are available).

The naturalization rates in this analysis are cumulative, showing, in any given year, the percentage of immigrants living in the U.S. and eligible for U.S. citizenship who have ever naturalized and gained citizenship.

To be eligible for U.S. citizenship, immigrants must be age 18 or older, have resided in the U.S. for at least five years as lawful permanent residents (or three years for those married to a U.S. citizen), and be in good standing with the law, among other requirements. The multi-step process to obtain U.S. citizenship begins with submitting an application and paying a $725 fee, including an $85 biometric fee. It culminates with an oath of allegiance to the United States. Current processing times range from seven months to a year.

The U.S. government denied nearly 1 million naturalization applications from 2005 to 2015, or 11% of the 8.5 million applications filed during this time.

The roughly 19.8 million naturalized citizens in 2015 made up about 44% of the U.S. foreign-born population. Another roughly 11.9 million immigrants were lawful permanent residents, among whom an estimated 9.3 million were eligible to apply for U.S. citizenship. Mexican immigrants are the largest group of lawful immigrants: About 2.5 million Mexican immigrants held U.S. citizenship and another 3.5 million were eligible to naturalize.

Mexican immigrants have long had among the lowest U.S. naturalization rates(42%) of any origin group. As of 2015, the naturalization rate among eligible immigrants from Mexico was similar to those from Honduras (43%) and Guatemala (44%).

In a Pew Research Center survey of Latino adults, lawful Mexican immigrants who had not applied for U.S. citizenship cited several reasons for not having done so: A lack of English proficiency, limited interest in applying for citizenship and the financial cost of the application (some pay for a lawyer in addition to the application fee, which can raise costs).

These barriers to citizenship also affect non-Mexican immigrants. Other factors may also affect whether an immigrant applies for U.S. citizenship. Close geographic proximity of origin countries to the U.S. may lower naturalization rates, in part because immigrants from countries near the U.S. are more likely to maintain strong ties to their countries of origin, increasing the likelihood that they move back to their home country without ever obtaining U.S. citizenship.

Benefits of U.S. citizenship include being able to vote in most elections, travel with a U.S. passport, apply for some federal government jobs, receive protection from deportation and participate in a jury, among other things. In addition, research shows immigrants who become U.S. citizens have higher incomes than those who do not.

Note: Pew Research Center estimates of the lawful permanent resident population and the number of immigrants who are eligible to naturalize differ from prior estimates released by the U.S. Department of Homeland Security due to differences in methodology and data sources. For details, see the Methodology section of the Center’s report “Mexican Lawful Immigrants Among the Least Likely to Become U.S. Citizens.”

The U.S. has more immigrants than any other country in the world. Today, more than 40 million people living in the U.S. were born in another country, accounting for about one-fifth of the world’s migrants in 2015. The population of immigrants is also very diverse, with just about every country in the world represented among U.S. immigrants.

Pew Research Center regularly publishes statistical portraits of the nation’s foreign-born population, which include historical trends since 1960. Based on these portraits, here are answers to some key questions about the U.S. immigrant population.

How many people in the U.S. are immigrants?

The U.S. foreign-born population reached a record 43.2 million in 2015. Since 1965, when U.S. immigration laws replaced a national quota system, the number of immigrants living in the U.S. has more than quadrupled. Immigrants today account for 13.4% of the U.S. population, nearly triple the share (4.7%) in 1970. However, today’s immigrant share remains below the record 14.8% share in 1890, when 9.2 million immigrants lived in the U.S.

What is the legal status of immigrants in the U.S.?

Most immigrants (76%) are in the country legally, while a quarter are unauthorized. In 2015, 44% were naturalized U.S. citizens.

Some 27% of immigrants were permanent residents and 5% were temporary residents. Another 24% of all immigrants were unauthorized immigrants in 2015. From 1990 to 2007, the unauthorized immigrant population tripled in size – from 3.5 million to a record high of 12.2 million. During the Great Recession, the number declined by 1 million and since then has leveled off. In 2015, there were 11 million unauthorized immigrants in the U.S., accounting for 3.4% of the nation’s population.

The decline in the unauthorized immigrant population is due largely to a fall in the number from Mexico – the single largest group of unauthorized immigrants in the U.S. Between 2007 and 2015, this group decreased by more than 1 million. Meanwhile, this decline was partly offset by a rise in the number from Central America, Asia and sub-Saharan Africa.

Not all lawful permanent residents choose to pursue U.S. citizenship. Those who wish to do so may apply after meeting certain requirements, including having lived in the U.S. for five years. In fiscal year 2016, 971,242 immigrants applied for naturalization. The number of naturalization applications has climbed in recent years, though the annual totals remain below those seen in previous years.

Generally, most immigrants eligible for naturalization apply to become citizens. However, Mexican lawful immigrants have the lowest naturalization rate overall. Language and personal barriers, lack of interest and financial barriers are among the top reasons for choosing not to naturalize cited by Mexican-born green card holders, according to a 2012 Pew Research Center survey.

Where do immigrants come from?

Mexico is the top origin country of the U.S. immigrant population. In 2015, 11.6 million immigrants living in the U.S. were from there, accounting for 27% of all U.S. immigrants. The next largest origin groups were those from China (6%), India (6%), the Philippines (5%) and El Salvador (3%).

By region of birth, immigrants from South and East Asia combined accounted for 27% of all immigrants, a share equal to that of Mexico. Other regions make up smaller shares: Europe/Canada (14%), the Caribbean (10%), Central America (8%), South America (7%), the Middle East (4%) and sub-Saharan Africa (4%).

Who is arriving today?

About 1 million immigrants arrive in the U.S. each year. In 2015, the top country of origin for new immigrants coming into the U.S. was India, with 110,000 people, followed by Mexico (109,000), China (90,000) and Canada (35,000).

By race and ethnicity, more Asian immigrants than Hispanic immigrants have arrived in the U.S. each year since 2010. Immigration from Latin America slowed following the Great Recession, particularly from Mexico, which has seen net losses in U.S. immigration over the past few years.

Asians are projected to become the largest immigrant group in the U.S. by 2055, surpassing Hispanics. In 2065, Pew Research Center estimates indicate that Asians will make up some 38% of all immigrants, Hispanics 31%, whites 20% and blacks 9%.

Is the immigrant population growing?

New immigrant arrivals have fallen, mainly due to a decrease in the number of unauthorized immigrants coming to the U.S. The fall in the growth of the unauthorized immigrant population can partly be attributed to more Mexican immigrants leaving the U.S. than coming in.

Looking forward, immigrants and their descendants are projected to account for 88% of U.S. population growth through 2065, assuming current immigration trends continue. In addition to new arrivals, U.S. births to immigrant parents will be important to future U.S. growth. In 2015, the percentage of women giving birth in the past year was higher among immigrants (7.4%) than among the U.S. born (5.8%). While U.S.-born women gave birth to over 3 million children that year, immigrant women gave birth to over 700,000.

How many immigrants have come to the U.S. as refugees?

Since the creation of the federal Refugee Resettlement Program in 1980, about million refugeeshave been resettled in the U.S – more than any other country.

In fiscal 2016, a total of 84,995 refugees were resettled in the U.S. The largest origin group of refugees was the Democratic Republic of the Congo, followed by Syria, Burma (Myanmar), Iraq and Somalia. Among all refugees admitted in that fiscal year, 38,901 are Muslims (46%) and 37,521 are Christians (44%). California, Texas and New York resettled nearly a quarter of all refugees admitted in fiscal 2016.

Where do most U.S. immigrants live?

Roughly half (46%) of the nation’s 43.2 million immigrants live in just three states: California (25%), Texas (11%) and New York (10%). California had the largest immigrant population of any state in 2015, at 10.7 million. Texas and New York had about 4.5 million immigrants each.

In terms of regions, about two-thirds of immigrants lived in the West (35%) and South (33%). Roughly one-fifth lived in the Northeast (21%) and 11% were in the Midwest.

In 2015, most immigrants lived in just 20 major metropolitan areas, with the largest populations in New York, Los Angeles and Miami. These top 20 metro areas were home to 27.9 million immigrants, or 65% of the nation’s total. Most of the nation’s unauthorized immigrant population lived in these top metro areas as well.

How do immigrants compare with the U.S. population overall in education?

Immigrants in the U.S. as a whole have lower levels of education than the U.S.-born population. In 2015, immigrants were three times as likely as the U.S. born to have not completed high school (29% vs 9%). However, immigrants were just as likely as the U.S. born to have a college degree or more, 31% and 30% respectively.

Educational attainment varies among the nation’s immigrant groups, particularly across immigrants from different regions of the world. Immigrants from Mexico (57%) and Central America (49%) are less likely to be high school graduates than the U.S. born (9%). On the other hand, immigrants from South and East Asia, Europe, Canada, the Middle East and sub-Saharan Africa were more likely than U.S.-born residents to have a bachelor’s or advanced degree.

Among all immigrants, those from South and East Asia (51%) and the Middle East (48%) were the most likely to have a bachelor’s degree or more. Immigrants from Mexico (6%) and Central America (9%) were the least likely to have a bachelor’s or higher.

How many immigrants are working in the U.S.?

In 2014, about 27 million immigrants were working in the U.S., making up some 17% of the total civilian labor force. Lawful immigrants made up the majority of the immigrant workforce at 19.5 million. An additional 8 million immigrant workers are unauthorized immigrants, a number little changed since 2009. They alone account for 5% of the civilian labor force.

Immigrants, regardless of legal status, work in a variety of different jobs, and do not make up the majority of workers in any U.S. industry. Lawful immigrants are most likely to be in professional, management, or business and finance jobs (37%) or service jobs (22%). Unauthorized immigrants, by contrast, are most likely to be in service (32%) or construction jobs (16%).

Immigrants are also projected to drive future growth in the U.S. working-age population through at least 2035. As the Baby Boom generation heads into retirement, immigrants and their children are expected to offset a decline in the working-age population by adding about 18 million people of working age between 2015 and 2035.

How well do immigrants speak English?

Among immigrants ages 5 and older, half (51%) are proficient English speakers – either speaking English very well (35%) or only speaking English at home (16%).

Immigrants from Mexico have the lowest rates of English proficiency (31%), followed by Central Americans (33%) and immigrants from South and East Asia (54%). Those from Europe or Canada (76%), sub-Saharan Africa (75%), and the Middle East (61%) have the highest rates of English proficiency.

The longer immigrants have lived in the U.S., the greater the likelihood they are English proficient. Some 45% of immigrants living in the U.S. five years or less are proficient. By contrast, more than half (55%) of immigrants who have lived in the U.S. for 20 years or more are proficient English speakers.

Among immigrants ages 5 and older, Spanish is the most commonly spoken language. Some 44% of immigrants in the U.S. speak Spanish at home. The top five languages spoken at home among immigrants outside of Spanish are English only (16%), followed by Chinese (6%), Hindi (5%), Filipino/Tagalog (4%) and French (3%).

How many immigrants have been deported recently?

Around 344,000 immigrants were deported from the U.S. in fiscal 2016, slightly up since 2015. Overall, the Obama administration deported about 3 million immigrants between 2009 and 2016, a significantly higher number than the 2 million immigrants deported by the Bush administration between 2001 and 2008.

Immigrants convicted of a crime made up the minority of deportations in 2015, the most recent year for which statistics by criminal status are available. Of the 333,000 immigrants deported in 2015, some 42% had criminal convictions and 58% were not convicted of a crime. From 2001 to 2015, a majority (60%) of immigrants deported have not been convicted of a crime.

How many immigrants are apprehended at the U.S.-Mexico border?

The number of apprehensions at the U.S.-Mexico border has sharply decreased over the past decade, from more than 1 million in fiscal 2006 to 408,870 in fiscal 2016. In the first two quarters of fiscal 2017, which started Oct. 1, there have been about 199,000 border patrol apprehensions at the Southwest border, compared with 186,000 for the same period in 2016. Today, more non-Mexicans than Mexicans are apprehended at the border. In fiscal 2016, the apprehensions of Central Americans at the border exceeded that of Mexicans for the second time on record.

How do Americans view immigrants and immigration?

While immigration has been at the forefront of a national political debate, the U.S. public holds a range of views about immigrants living in the country. Overall, a majority of Americans have positive views about immigrants. Six-in-ten Americans (63%) say immigrants strengthen the country “because of their hard work and talents,” while just over a quarter (27%) say immigrants burden the country by taking jobs, housing and health care.

Yet these views vary starkly by political affiliation. Among Democrats and Democratic-leaning independents, 82% think immigrants strengthen the country with their hard work and talents, and just 13% say they are a burden. Among Republicans and Republican-leaning independents, roughly as many (44%) say immigrants are a burden as say immigrants strengthen the country because of their hard work and talents (39%).

Americans also hold more positive views of some immigrant groups than others, according to a 2015 Pew Research Center immigration report. More than four-in-ten Americans expressed mostly positive views of Asian (47%) and European immigrants (44%), yet only a quarter expressed such views of African and Latin American immigrants (26% each). Roughly half of the U.S. public said immigrants are making things better through food, music and the arts (49%), but almost equal shares said immigrants are making crime and the economy worse (50% each).

Americans were divided on future levels of immigration. Nearly half said immigration to the U.S. should be decreased (49%), while one-third (34%) said immigration should be kept at its present level and just 15% said immigration should be increased.

Corrections: An earlier version of this post gave an incorrect figure for total deportations in fiscal year 2016. The text and its corresponding chart, “U.S. deportations of immigrants slightly up in 2016,” have been updated. Also, the chart “Mexico, China and India are top birthplaces for immigrants in the U.S.” has been updated to reflect the correct scale for figures. They are in millions. In addition, the note in a previous version of this chart incorrectly listed Mongolia as part of China.

H-1B get a reprieve: They will not be forced to leave, USCIS says

The Trump administration, after all, is not considering any proposal that would force H-1B visa-holders to leave the country. As per reports, the government appears to be distancing itself from claims it has been considering ending the practice of extending H-1B visas during the green card application process. This provides for H-1B extensions beyond the six-year cap that is prevailing now.

If the earlier proposed change—which was first announced as part of Trump’s “Buy American, Hire American” plan on the 2016 election campaign trail—were to be in practice, it could have potentially seen hundreds of thousands of predominantly Indian H-1B visa holders forced to leave the U.S.

The latest announcement by the US Citizenship and Immigration Services (USCIS) came days after reports emerged that the Trump administration was considering tightening H-1B visa rules that could lead to deportation of some 750,000 Indians. The reports had also said the US was planning ending extensions for H-1B holders.

The Trump administration “is not considering a regulatory change that would force H-1B visa-holders to leave the US by changing interpretation of Section 104 C of the American Competitiveness in the 21st Century Act (AC21) statute that states that the USCIS may grant the extensions beyond the 6-year limit,” Jonathan Withington, chief of media relations at the USCIS said.

“Even if it were, such a change would not likely result in these H-1B visa-holders having to leave the US because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead,”  he added. “We are not at liberty to discuss any part of the pre-decisional processes; however, all proposed rules publish in the federal register, and USCIS posts all policy memoranda on our website,” he said.

“What we can say, however, is that USCIS is not considering a regulatory change that would force H-1B visa holders to leave the United States by changing our interpretation of section 104(c) of AC-21, which provides for H-1B extensions.”

“Even if it were, such a change would not likely result in these H-1B visa holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead,” he added.

The reports on possible discontinuation of extensions had prompted industry bodies, immigrant associations, and even U.S. lawmakers to protest against it even as the administration remained silent until Monday. Indian officials had brought the panic among the Indian Americans to the attention of the White House last week, suggesting a clarification to quell it.

Immigration Voice, an advocacy group campaigning on behalf of H-1B workers, said it was “ecstatic” over the news that USCIS is not planning on changing its H-1B extension program.

Data published by USCIS shows that around a quarter of all H-1B petitions filed in 2017 did not receive approval. Of the 404,087 applications received, 298,445 (73 percent) were approved, compared with 348,162 (87.2 percent) of 399,349 received in 2016.

The data also showed that H-1B petitions received by the agency between financial years 2007 to 2017 were predominantly filed on behalf of beneficiaries born in India, with more than 2.2 million petitions for Indian-born applicants received.

More than 301,400 applications were filed for beneficiaries born in China. Applicants born in Canada, the Philippines and South Korea were also high on the list, though with much lower numbers, below 90,000. Indians account for the maximum number of H-1B visas-holders.

Germany: Most widely accepted Passport with 177 nations allowing visa free entries

45 nations accord visa free entry to Indian Passport holders

Henley & Partners, a London-based consulting firm specializing in citizenship services, has reported that the German passport is the most powerful in the world. The annual index, created with the International Air Transport Association (which has the world’s largest database of travel information), judges the top passports in the world by how much visa-free travel they allow.

Germany, which has held the top spot for five years in a row, has visa-free access to 177 countries out of a total of 218. Singapore, in second, has a ranking of 176, and a larger group of countries sharing third place (Denmark, Finland, France, Italy, Japan, Norway, Sweden, the U.K.) allow visa-free access to 175 countries. The U.S., along with Ireland, Portugal, and South Korea, tied for fifth place on the list, with visa-free access to 173 countries. Generally, visa requirements are indicative of a country’s relationship with another—reciprocity, as illustrated by the contentious battle over U.S. travelers’ visa-free access to Europe, is often expected.

In a statement, Dr. Christian H. Kälin, Group Chairman of Henley & Partners, said the need for visa-free access is greater than ever. “Across the economic spectrum, individuals want to transcend the constraints imposed on them by their country of origin and access business, financial, career, and lifestyle opportunities on a global scale.”

Georgia, which climbed 15 places in 2018’s rankings. On the lower end of the spectrum were Syria, Iraq, and Afghanistan, which each have visa-free access to fewer than 30 countries. India, on the other hand, is on the bottom, with only 45 nations according visa free travel to those with Indian passport, while about a dozen nations other offer visa upon arrival.

Here, a look at the top 26.

  1. Germany, 177 countries can be visited without a visa
    2. Singapore, 176
    3. Denmark, Finland, France, Italy, Japan, Norway, Sweden, the U.K., 175
    4. Austria, Belgium, Luxembourg, Netherlands, Spain, Switzerland, 174
    5. Ireland, Portugal, South Korea, United States, 173
    6. Canada, 172
    7. Australia, Greece, New Zealand, 171
    8. Czech Republic, Iceland, 170

The most stressful thing for most Indians planning to travel abroad is not the price of the ticket, but securing a visa. Majority of countries around the world require Indians to obtain visa prior to travelling. But there are 45 nations that do not want Indians to worry about Visa. Just for info UAE has opened up Visa On Arrival to Indians having a Green Card or valid US Visa in their passports.

Country Wise List for those with Indian Passport

S.No. Country Type
1 Bahrain eVisa
2 Bhutan No Visa
3 Bolivia Visa on Arrival
4 Cambodia Visa on Arrival
5 Cape Verde Visa on Arrival
6 Comoros Visa on Arrival
7 Cote d’Ivoire eVisa
8 Djibouti Visa on Arrival
9 Dominica No Visa
10 Ecuador No Visa
11 El Salvador No Visa
12 Ethiopia Visa on Arrival
13 Fiji No Visa
14 Gabon eVisa
15 Georgia eVisa
16 Grenada No Visa
17 Guinea-Bissau Visa on Arrival
18 Guyana Visa on Arrival
19 Haiti No Visa
20 Indonesia Visa on Arrival
21 Jamaica No Visa
22 Jordan Visa on Arrival
23 Kenya eVisa
24 Laos Visa on Arrival
25 Madagascar Visa on Arrival
26 Maldives Visa on Arrival
27 Mauritania Visa on Arrival
28 Mauritius No Visa
29 Micronesia No Visa
30 Moldova eVisa
31 Myanmar eVisa
32 Nepal No Visa
33 Palau Visa on Arrival
34 Rwanda eVisa
35 Saint Kitts and Nevis No Visa
36 Saint Lucia Visa on Arrival
37 Saint Vincent and the Grenadines No Visa
38 Samoa Permit on Arrival
39 São Tomé and Príncipe eVisa
40 Senegal Visa on Arrival
41 Seychelles Visa on Arrival
42 Somalia Visa on Arrival
43 Sri Lanka No Visa but special permit required
44 Tanzania Visa on Arrival
45 Thailand Visa on Arrival
46 Togo Visa on Arrival
47 Timor-Leste Visa on Arrival
48 Trinidad and Tobago No Visa
49 Tuvalu Visa on Arrival
50 Uganda Visa on Arrival
51 Vanuatu No Visa
52 Zambia eVisa
53 Zimbabwe eVisa
54 Antartica Visa on Arrival
55 South Korea No Visa
56 FYRO Macedonia No Visa
57 Svalbard No Visa
58 Montserrat No Visa
59 Turks & Caicos Islands No Visa

New US bill seeks to increase Green Cards but limit entry of their dependents

A bill introduced to the U.S. House of Representatives is looking to increase the allotment of green cards by 45 percent, rising from 120,000 to 175,000 per year as part of the ‘Securing America’s Futures Act.’ The new bill tabled in the US Congress seeks to put limits on the number of people who get green cards to live and work in the United States, thereby reducing immigration levels by a quarter.

On one hand, the bill looks to limit the number of people who are given US visas, like the dependents of green-card holders. On the other, it looks to give out 45 percent more visas to skilled workers and people in certain agricultural fields.

The bill, backed by the Trump administration, was tabled by members of the Homeland Security Committee Border and Maritime Security Subcommittee of the US House of Representatives.

If the bill passes, then this would be the end to the Diversity Visa Lottery program which will reduce the overall immigration levels from 1.05 million to 260,000 each year and many Indians on H1-B visa are expected to be a major beneficiary of this act.

There are at least 500,000 Indians waiting in line for their green cards while they seek annual extensions for their H-1B visas. Many have been waiting for decades and an increase in the number of green cards per year is likely to reduce that wait period drastically.

Indian comes in third on the list of green card holder countries with 64,116, Mexico and China come in after that with 158,619 and 74,558, respectively. Pakistan has 18,057 green card holders in the pipeline.

 “This bill offers common-sense solutions that will finally secure our borders, better support our frontline defenders, strengthen interior enforcement, and get tough on those who break our immigration laws. With this the president at the helm, we have the opportunity to provide the security and rule of law our founding fathers intended,” McCaul said, the PTI report said.

But if Indian Americans want to bring other family members to the U.S. then they may not be able to do that as the Securing America’s Future Act eliminates the green card program for relatives, other than spouses and minor children. However, the act does create a renewable temporary visa for parents of citizens to unite families as well as a workable agricultural guest worker program to grow the U.S. economy.

Labrador said “the bill will modernize America’s immigration system for the next generation, enacting conservative reforms that will make the nation strong.”

“This carefully crafted legislation, which is aligned with the White Houses’ immigration priorities, combines enforcement measures and increased border security to enhance public safety, ensure the door remains open to law-abiding immigrants, and restore the rule of law,” Goodlatte added. “The legislation would accomplish the President’s core priorities for the American people,” the White House said in a statement.

Indian Passports may not serve as address proof

Passports may no longer serve as a valid proof of address as the External Affairs Ministry has decided not to print the last page of the travel document with the address of the holder.
The last page of the passport includes the father or legal guardian’s name, the names of the holder’s mother, spouse and their address.

“As the last page of the passport would not be printed now, the passport holders with ECR (Emigration Check Required) status would be issued a passport with orange passport jacket and those with non-ECR status would continue to get a blue passport,” an MEA statement read.

The recommendations of a three-member panel, comprising officials from the ministry of external affairs and the ministry of women and child development, were accepted and it was decided that the last page of the passport and other travel documents issued under the Passports Act, 1967 and Passport Rules, 1980 “would no longer be printed”, it said.

The panel examined various issues “pertaining to passport applications including examination of where mother/child had insisted that the name of the father should not be mentioned in the passport and also relating to passport issues to children with single parent and to adopted children”, it added.

The Indian Security Press (ISP), Nasik, would be designing the new passport booklets in due course. “Till such time the new passport booklets are designed, manufactured and made available to the ministry by ISP, Nashik, the passports and other travel documents would continue to be printed with the last page,” the MEA said. The existing passports would continue to remain valid till the date of expiry printed in the passport booklet, it added.

Potential changes to H-1B Visa Program Could ‘Self Deport’ Over Half  A Million Indians

As President Donald Trump considers plans to create new rules that would curb H-1B visa extensions and could see thousands of mostly Indian skilled workers deported while they wait for their green cards, industry leaders in India are warning that the move could also hurt the U.S. economy.

The proposal, which was part of Trump’s Buy American, Hire American initiative that he vowed to launch on the campaign trail, is being drafted by Department of Homeland Security leaders, sources have told McClatchy DC. If approved, it could see as many as 500,000 to 750,000 Indian H-1B visa holders forced to leave the U.S., IndiaToday.in has reported.

The U.S. Department of Homeland Security is currently considering major regulation changes that would prevent extensions of the H-1B visa, according to reports. Should the measure proceed, many highly-skilled workers in the program, hundreds of thousands of whom are of Indian origin, would lose their visas while their green card applications are pending, the Miami Herald reported.

The administration is specifically looking at whether it can reinterpret the “may grant” language of the American Competitiveness in the 21st Century Act to stop making the extensions, reports here said.

The Trump administration also announced in February 2017 that it plans to also roll back on the H-4 EAD visa program which attracts and retains highly skilled foreign workers by granting work authorization to the spouses of H-1B visa holders who are awaiting their green cards.

The administration also plans to redefine high-specialty professionals for the purpose of H-1B visas. The United States grants 85,000 non-immigrant H-1B visa every year out of which 65,000 are hired abroad and 20,000 are enrolled in advanced degree courses in U.S. schools and colleges.

Currently, individuals in the H-1B program are allowed extensions beyond the allowed two three-year terms by the administration if the individual has a pending green card. “The idea is to create a sort of ‘self- deportation’ of hundreds of thousands of Indian tech workers in the United States to open up those jobs for Americans,” said a U.S. source briefed by Homeland Security officials in the Herald report.

“The idea is to create a sort of ‘self- deportation’ of hundreds of thousands of Indian tech workers in the United States to open up those jobs for Americans,” said a U.S. source briefed by Homeland Security officials.

A visa holder is granted an H-1B visa for three years and is considered for three more years with one extension after which they must return to their country. However, in the meantime, if they are approved for a green card then they are allowed to wait in the U.S., using the extensions and for Indians, that wait could be for years given the massive backlog caused by the system of per-country annual cap on the number of permanent residencies.

An estimated 70% of these visas go to Indians who are hired mostly by American companies such as Facebook, Microsoft and Google and some by American arms of Indian tech giants like Infosys, Wipro and TCS.

H-4 children, the progeny of H-1B visa holders, are facing an uncertain future as they become adults who are no longer considered immediate family relatives, forcing them to return to their birth country.

Currently, more than 1.5 million Indian immigrants, who came to the U.S. on employment-based visas, are stuck in the green card logjam, noted SIIA, adding that highly-skilled immigrants from other countries can get green cards in about seven months. Indians – the fastest-growing group of immigrants to the U.S. – may face a backlog of up to 82.5 years. Each year, people from India are allotted only 7 percent of all green cards issued that year – less than 9,000 each year. The green card backlog has tremendous impact on H-4 children, who are no longer considered dependents once they turn 21.

Indian techs head to Canada as US uncertainty over H-1B visa continues

With Trump’s rhetoric over America first campaign undermining high tech Indian Americans’ prospects of continuing to work and contribute to the growth of the US economy appears uncertain, many Indian Americans are heading to Canada. Historically Indians have secured maximum number of H-1B visa allocated every year for high tech workers work on a temporary basis. With new restrictions on renewal and Green Card gateway and citizenship for these educated and high paying job holders becomes uncertain under the Trump administration, several Indian Americans have started looking towards Canada, which is more welcoming.

Computer programmers, systems analysts, and software engineers, are the top three categories of workers to benefit so far. The bulk come from India — the same country that makes up the majority of US H-1B visas issued — followed by China and France. Word is spreading throughout Canada. Biotech company Cyclica Inc is preparing to use the system for the first time to recruit an American.

As a candidate, Trump railed against the H-1B program. There are several regulatory and legislative efforts underway in the US to reduce abuse in the program and the number of applications being challenged has jumped. Applications to the annual lottery for visas dropped this year for the first time in five years, reflecting concerns about a more restrictive approach, though applications still exceed the 85,000 visas available through the lottery. To those who have watched Canada lose talent to the US over the years, the tables may be turning.

The H-1B program attracts foreign specialized workers to come to the United States for employment, many of them from India and China. Immigration, along with invasion, has been a universal phenomenon uniformly dotting the entire progression of life on earth, being neither evitable nor exclusive to humans. Some aspects of this multidimensional process could be open to spontaneous detection and spot analysis.

More than 100,000 H-4 visa holders continue to be in imminent danger of losing their hard-fought-for ability to work in the U.S., as the Trump administration considers whether it will respond by the deadline of Jan. 2 to a lawsuit which seeks to rescind their employment authorization. The administration has asked for several abeyances as it considers its position on the suit, initiated in 2016 by Save Jobs USA. In its lawsuit, the organization contends that allowing H-4 visa holders to work creates unemployment for American workers.

“There is, of course, no evidence that the H-4 EAD program depresses wages or employment opportunities for U.S. workers,” said prominent immigration attorney Sheela Murthy in a blog post. “But, the Administration has maintained that, contrary to the reams of studies that show the positive impact foreign national workers have on the U.S. economy, their presence is a threat to American workers,” said the Indian American attorney.

H-4 visas are allotted to the spouses of H-1B visa holders. The vast majority of H-4 visa holders are Indian women, many of whom have skills comparable to their spouses. In May 2015, former President Barack Obama authorized work permits for H-4 visa holders whose spouses were on track for permanent residency. From October 2015 to September 2016, 41,526 people received authorization to work under the program. Complete figures for the most recent fiscal year, which ended in September, are not yet available, as reported by the San Francisco Chronicle.

Separately, The National Law Review reported Nov. 21 that the Trump administration is circulation a draft regulation to end the H-4 EAD program. The publication noted that a new regulation would have to go the Notice-and-Comment period – to comply with the Administrative Procedures Act – before it is adopted, likely sometime in 2018.

In April, three months after he took office, Trump issued an executive order – “Buy American and Hire American” – which, in part, prioritizes American workers and seeks to impose stricter standards on employment-based visas.

Canada’s fast-track visa program is just one part of Trudeau’s drive to boost innovation. The government is also pouring hundreds of millions of dollars into venture capital and support for artificial intelligence, joining private money investing in the country’s tech hubs in Waterloo and Toronto, Ontario, Vancouver and Montreal.

Canadian PM Trudeau’s new Global Skills Strategy is taking off. The Brazilian joins 2,000 other workers who entered Canada under the program from its start on June 12 to September 30, according to government data.

According to reports, ThinkData Works Inc., a big-data processing firm, just hired a software engineer from Brazil through Canada’s new fast-track visa program for high-skilled workers. “The process was bang on,” Bryan Smith, chief executive officer of the Toronto-based company, said. It took less than the government’s target of 10 business days to process the recruit’s application. Previously it could take several months. “If the government says two weeks and it actually is, that will create a whole new process around it.”

“It’s more successful than we predicted,” Canada’s immigration minister Ahmed Hussen said. “This program came from the business community. They identified a challenge and said you need to fix it.” Those who are fast-tracked can apply to stay as long as three years and also for permanent residency.

Two thousand people may be a small sliver when compared with the 320,000 newcomers Canada welcomed last year. “It sounds like a drop in the bucket,” says Daniel Mandelbaum of immigration firm Mamann Sandaluk & Kingwell LLP. “The idea is this is two thousand of the best and brightest.”

H-4 visa EAD to be terminated in 2018, H-1B visa rules to change

Tens of thousands of immigrant families in the US. Are going to face a bitter truth.  the Trump Administration has decided to move forward to terminate the Employment Authorization Document (EAD), or work permit, for H-4 visa workers – given to spouses and dependents of H-1B visa workers – in 2018.

The protectionist and obnoxious move by the White House, to curb and kill the aspirations of skilled professionals who have been living in the US for years or decades on an H-4 visa, is yet another trashing of an Obama Administration rule. It’s also yet another slap in the face of skilled immigrants, who are increasingly on a slippery slope till they get a Green Card, or permanent residency.

The Trump Administration issued a notice, titled ‘Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization’, on December 14, as part of its ‘Unified Agenda’, a bi-annual list of regulations by various federal agencies. In it, the administration plans to propose an official rule in the Federal Register by February, 2018, and thereafter all existing EADs given to H-4 visa holders will be trashed, and no new ones will be issued.

The move has been hanging in balance for more than two years now, after a group called Save Jobs USA filed a lawsuit in April 2015 arguing that EAd to H-4 visa holders threatens American jobs, and pulls down salaries. It gained momentum after Trump became president, and Attorney General Jeff Sessions declared the H-4 EAD rule “hurts American workers.” In February this year, the Trump Administration asked for a 60-day pause to allow the new administration to assess the case.

In issuing the statement, which is sure to see a lot of highly skilled women break into tears,  go into emotional distress, the Department of Homeland Security didn’t cite any reason, saying only it was acting “in light of” the “Buy American, Hire American” executive order that Trump signed in April.

The rule to give EAD to some H-4 visa holders was met with elation by tens of thousands of mostly women, a lot of them from India, who got freedom to legally work and earn money for their family. They rejoiced, felt they finally ‘belonged’ in America; were not second-class citizens, who could become a wife and mother at their free will, but were prohibited by the government to work, unless to do voluntary service for no pay in their local community.

Indians are the largest holders of H-4 visas, comprising nearly 80% of the 125,000 issued in 2015 alone. Women account for 90% of all H-4 visas. Over 41,000 of EADs were approved in the year-ended September 2016, according to the Wall Street Journal. During the next year, more than 36,000 applications were approved, through June. India accounts for 70% of all H-1B workers, of the 85,000 visas issued annually.

Meanwhile, foreign workers in the US on a H-1B work visa, the most sought after among Indian IT professionals, may work for more than one company, the country’s immigration agency has said. The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

“In general, H-1B workers may work for more than one employer but must have approved I-129 for each,” the US Citizenship and Immigration Services (USCIS), the federal agency which receives and determines the successful applications for H-1B visas. The employee however, must submit I-29 petition, a form submitted by the employer for a non-immigrant worker. The H-1B visa has an annual numerical limit cap of 65,000 visas each fiscal year as mandated by the Congress

9.3 million family-based visas issued in 10 years, White House says

For the first time, the White House said, the federal government has counted the green cards issued between 2005 and 2015 to migrants admitted through family preference, or as immediate relatives of migrants already admitted into the country in perhaps the fullest portrait of “chain migration” ever developed.
“For years, we’ve known that large numbers of immigrants have been coming based on petitions from previous immigrants,” U.S. Citizenship and Immigration Services Director Lee Cissna told Fox News. “But this is the first time we really kind of see the whole scope of the problem. And legislators or policymakers at DHS can do what they need to do address the problem.”
During the ten-year time frame, officials said, the U.S. permanently resettled roughly 9.3 million new immigrants on the basis of family ties. That’s more than 70 percent of all new immigration in that period, the White house said, adding it is also the primary driver of low-skilled workers’ entry into the U.S. A phenomenon analyst say most directly hurts American minority groups with comparable skills.
“These numbers are explosive. They show that American immigration skews almost entirely towards family-based admissions,” said a White House official who briefed Fox News on the data. Mexico is at the top of the list with 1.7 million admissions, India and the Philippines each have more than 600,000, and Iran has more than 80,000.
President Trump has urged congressional Democrats to address chain migration in any compromise on the so-called “Dreamers” immigrants brought here as children who will face deportation in March if a deal on their disposition is not reached.
On Fox News, Senate Majority Leader Mitch McConnell echoed the President’s call to end chain migration in exchange for any deal on DACA. McConnell explained that last year’s Presidential election gave lawmakers a mandate to enact the pro-American immigration reforms that the President campaigned on. McConnell also warned that it would be “dumb” and political suicide for Democrats to shut down the government and endanger national security over unrelated legislative policy matters, such as granting work permits to illegal immigrants.
Republican Senators Tom Cotton of Arkansas and David Perdue of Georgia have proposed eliminating the preference afforded to extended and adult family members. “We have current immigrants determining who future immigrants will do – will be, independent of their ability to be contributory to our economy,” Perdue told Fox News.
The group “New American Economy,” compromised of 500 mayors and business leaders committed to comprehensive immigration reform notes that 40 percent of America’s Fortune 500 companies were founded by immigrants or their children. “Could we do it better? Should we have more focus on merit? Absolutely,” said the group’s Executive Director Jeremy Robbins. “But that doesn’t mean in the least that we don’t want to be reuniting families, strengthening communities and bringing more people here.”

No change in H-1B visa system: US 

Amid the H-1B visa row in India, the US government has said there has been no change in law regarding the H-1B regime and the system continued to be as before. Acting Deputy Assistant Secretary for State for South Asia Thomas Vajda said no legislation has been passed so far on the particular category of visa.

“(There is) no change in the law today for H-1B (visa) regime or system in the United States… President (Donald) Trump asked for review of the H-1B system…but no steps have been taken. Many changes in law, so many cases, require changes of legislation. But so far no legislation has been passed on H-1B. For the moment, the system remains as it has in the past,” Vajda told reporters after an interactive session with members of the Bengal Chamber of Commerce and Industry.

Following Trump’s election as US president on a protectionist platform, the US has announced stricter norms for issuing the H-1B and L1 visas. India’s Commerce Minister Suresh Prabhu said in October that the issue of H-1B and L1 visas, which have facilitated the entry of Indian IT professionals, has been raised strongly with Washington.

Responding to a query regarding reducing pet coke imports from the US, Vajda said the US sees energy as the most potential area for inc. “The US is committed to increase energy export and support for India’s economic development,” he said.

Vajda said both the governments of India and the US have been hopeful and supportive for completion of contract between the Westinghouse Electric Company and the Nuclear Power Corporation of India to build six nuclear reactors in India.

No China-type easier UK visa for Indians soon

Immigration minister Brandon Lewis said there is “no limit on the number of international students who can come to the UK, and nor is there any plan to impose one”. A pilot scheme launched in January 2016 offering easier, longer and cheaper British visas to Chinese citizens is likely to be made permanent, but immigration minister Brandon Lewis has confirmed there is no plan to extend it to Indian citizens in the near future.

Questioned on the issue in the House of Commons by senior Labour MP Virendra Sharma on Monday, Lewis said the situation with India is different from that with China, reflecting Prime Minister Theresa May’s statement in New Delhi in November 2016 that linked improving the UK visa offer to the number and speed of return of illegal Indian citizens in the UK.

To Sharma’s demand that the same visa scheme be extended to India, “our best allies in trade post-Brexit”, Lewis said: “I was in India just a couple of weeks ago and I had some conversations about the pilots we are running in China.

“The honorable gentleman is a little premature, because the pilot with China is still running. It is based on a different situation from the situation with us and India, but we will look at that pilot, and I will feed back after it has ended and we have a chance to review it.”

 Answering questions by MPs on removing international students from overall migration statistics – a demand by several stakeholders in higher education and supported by some cabinet ministers – Lewis refused to commit, but said the situation has improved in recent years.

He said: “I can be very clear: there is absolutely no limit on the number of international students who can come to the UK, and nor is there any plan to impose one. What we have seen this summer is that students are now compliant, and that means their effect on the net migration figures is marginal.

“The key thing with students is that, thanks to the work that this government have done since 2010 in shutting down about 920 bogus colleges, students are now complying, so the effect on migration is marginal, at best.”

Indian student numbers coming to UK higher education institutions have dwindled by more than half since 2010, when immigration reforms were introduced by the David Cameron government. In 2012, the post-study work visa popular with Indians was abolished.

There are suggestions that the drop of Indian students is partly due to the closure of bogus colleges, which were recruiting Indian and other international students allegedly for purposes other than education.

Tillerson Meets Modi, Swaraj; discusses H1 visa, terrorism, trade, technology, Indo-Pacific

U.S. Secretary of State Rex Tillerson, on his first visit to India as a cabinet member, discussed expanding and solidifying U.S.-India security and strategic cooperation in various regions of the world, including North Korea, as well as in trade, economic development, innovation and entrepreneurship.

Prime Minister Narendra Modi, during his meeting with Tillerson, praised Washington for the upward trajectory of bilateral relations between the two democracies and shared the resolve “on taking further steps in the direction of accelerating and strengthening the content, pace and scope of the bilateral engagement,” the Prime Minister’s Office (PMO) said in a statement reported by Indo Asian News Service.

While in New Delhi, Tillerson continued exhorting Pakistan for harboring terrorist groups within its borders. “There are too many terrorist organizations that find a safe place in Pakistan from which to conduct their operations and attacks against other countries,” Tillerson said at a joint press conference with Swaraj, according to the video available on the MEA website. These terrorist groups threatened Pakistan’s own stability, he added, reiterating what he had said in a major foreign policy speech before embarking on his tour to several countries including India and Pakistan.

Trump Admin policy makes H-1B Visa extension harder to get

With a recent move, the Trump administration has made it more difficult for the renewal of non-immigrant visas such as H-1B and L1, popular among Indian IT professionals, saying that the burden of proof lies on the applicant even when an extension is sought. Rescinding its more than 13-year-old policy, the U.S. Citizenship and Immigration Services said that the burden of proof in establishing eligibility is, at all times, on the petitioner.

USCIS said the previous memorandum of April 23, 2004, appeared to place this burden on this federal agency. “This memorandum makes it clear that the burden of proof remains on the petitioner, even where an extension of non-immigrant status is sought,” USCIS said in an Oct. 23 memorandum.

Under the previous policy, if a person was once found to be eligible for a work visa initially, they would usually be considered for extension of their visa. Now during every extension, they need to prove to the federal authorities that they are still eligible for the visa they apply for.

William Stock, president of the American Immigration Lawyers Association, said that the change is being made retroactively to people already living in the country and not just to new visa applicants.

“In adjudicating petitions for immigration benefits, including non-immigrant petition extensions, adjudicators must, in all cases, thoroughly review the petition and supporting evidence to determine eligibility for the benefit sought.”

The new policy is in line with the Trump administration’s goal to protect American workers from discrimination and replacement by foreign labor, NumberUSA website said. This new policy will make sure that only qualified H-1B workers will be allowed to stay in the U.S. and will help crackdown on visa fraud and abuse, it added.

Indians get most of the H-1B visas although there are no national quotas for the facility. The new directive is in sync with the Donald Trump administration’s goal to protect American workers from discrimination and replacement by foreign labour, NumberUSA website said.

India is a top source and destination for world’s migrants

India has a long history of migration. More than a century ago, large numbers of Indian migrants – many of them involuntary ones – moved to Africa, the Caribbean and within the Indian subcontinent itself. Some of the top destinations of Indian migrants in more recent decades include Persian Gulf countries, North America and Europe.

Most recently, Indians have looked towards the West with US as the top-most destination. According to the Center for Immigration Studies, considered a “low immigration” think tank based in Washington, D.C., India has sent the largest number of immigrants to the U.S. over the past six years – more than 654,000. The report released on October 16th stated that the overall immigrant population in the U.S. is currently 43.7 million, and will reach 72 million by the year 2050. The report did not distinguish between documented and undocumented residents.

As per a Pew Research report, as of 2015, 15.6 million people born in India were living in other countries. India has been among the world’s top origin countries of migrants since the United Nations started tracking migrant origins in 1990. The number of international Indian migrants has more than doubled over the past 25 years, growing about twice as fast as the world’s total migrant population.

Nearly half of India’s migrants are in just three countries: the United Arab Emirates, Pakistan and the United States. About 3.5 million Indians live in the UAE, the top destination country for Indian migrants. Over the past two decades, millions of Indians have migrated there to find employment as laborers. Pakistan has the second-largest number of migrants, with 2 million.

Almost 2 million more live in the U.S., making up the country’s third-largest immigrant group. Among Indian Americans, nearly nine-in-ten were born in India. As a whole, Indian Americans are among the highest educated and have some of the highest income among racial and ethnic groups in the U.S.

Parsing data from the federally-mandated 2016 American Community Survey and the national census, CIS noted that immigration from India has grown by 37 percent from 2010 to 2016. Currently, more than 2.4 million Indian immigrants reside in the U.S., up from approximately 1 million in 2000. The Indian immigrant population is almost equivalent to the Chinese immigrant population, which is estimated at approximately 2.7 million in 2016.

The biggest jumps in immigration percentages were primarily from South Asian countries. Immigration from Nepal jumped a whopping 86 percent; currently, more than 129,000 immigrants from Nepal reside in the U.S., a huge leap from 1990, when only 2,000 Nepalis immigrated to the country.

Bangladesh also had a substantial increase in immigration over the past six years – 56 percent – with a total population of almost 235,000 Bangladeshi immigrants in the U.S. in 2016. The population of Pakistanis in the U.S. increased by 28 percent over the last six years to almost 383,000.

By contrast, immigration from Mexico – traditionally thought of as the greatest contributor of immigrants to the U.S. – has just about stopped, to a negative 1 percent last year. Latin American countries – excluding Mexico – collectively had an immigration growth rate of 13 percent over the past six years.

California is home to the largest number of immigrants – more than 10 million – of any state in the nation, but Texas and Florida had the biggest numbers of immigrants moving to the states.

CIS is headed by Mark Krikorian, described by The Washington Post as “the provocateur standing in the way of immigration reform.” The Southern Poverty Law Center has labeled CIS a “hate group.”

In an interview with Fox News’ Tucker Carlson, Steven Camarota, one of the authors of the report, decried the growth in the immigrant population, and noted that there were no policy discussions to potentially stem the growth of legal immigration.

Both Carlson and Camarota said they had not met an immigrant they didn’t like, but Camarota also noted that the influx of immigrants uses up the nation’s resources, contributes to heavy road traffic, and the housing crisis. “One-third of all children in poverty live in immigrant households,” he said, adding that the U.S. must exercise its capacity to control the influx of new immigrants.

In addition to immigrants, there were slightly more than 16.6 million U.S.-born minor children with an immigrant parent in 2016, for a total of 60.4 million immigrants and their children in the country, noted CIS, adding that immigrants and their minor children now account for nearly one in five U.S. residents.

India looking forward to visit by US secretary of state Rex Tillerson

India says it is looking forward to a visit by US secretary of state Rex Tillerson to New Delhi next week to further strengthen a partnership based on a shared commitment to a rule-based international order. External affairs ministry spokesman Raveesh Kumar welcomed a recent statement by Tillerson calling for an expansion of strategic ties.

“We appreciate his positive evaluation of the relationship and share his optimism about its future directions,” Kumar said. In an address at the Center for Strategic and International Studies, a Washington think tank on October 18th, Tillerson has said the world needs the U.S. and India to have a strong partnership as he pointedly criticized China, which he accused of challenging international norms needed for global stability.

He said the United States and India shared goals of security, free navigation, free trade and an international rules-based order which is increasingly under strain.

Tillerson’s remarks come as a boost to India at a time when its ties with China have suffered a setback following a recent border standoff. Declaring, “We share a vision of the future,” Secretary of State Rex Tillerson has unveiled a centennial roadmap marking a “profound transformation” in United States-India cooperation “in defense of a rules-based order” with New Delhi “fully embracing its potential as a leading player in the international security arena.”

The Secretary pointed to what he considered a “more profound transformation that’s taking place, one that will have far-reaching implications for the next 100 years: The United States and India are increasingly global partners with growing strategic convergence.”

“Our nations are two bookends of stability – on either side of the globe – standing for greater security and prosperity for our citizens and people around the world,” he said. “President (Donald) Trump and Prime Minister  (Narendra) Modi are committed, more than any other leaders before them, to building an ambitious partnership that benefits not only our two great democracies, but other sovereign nations working toward greater peace and stability,” he said.

The speech gave form and substance to the administration’s policy towards India and not just South Asia, but the broader Indo-Pacific region stretching from the vulnerable western flank of the U.S. It touched on a wide range of areas of cooperation ranging from military and defense to  economics and trade, and from promotion of democracy to freedom of navigation.

“Tillerson’s speech was one of the most thoughtful and forward leaning speeches from this administration,” asserted Jeff M. Smith, research fellow on South Asia at The Heritage Foundation. The core of the cooperation between the U.S. and India and New Delhi’s enhanced role that Tillerson outlined lies in the Indo-Pacific region where the “world’s center of gravity is shifting” — an area where the Washington and its allies confront China, which he said “subverts the sovereignty of neighboring countries and disadvantages the U.S. and our friends.”

In effect, President Donald Trump’s point-man for foreign policy, just dramatically ratcheted up U.S. support for India’s role in the Indo-Pacific region vis-a-vis Beijing, delivering a clear message of preference for the democracy just as the Chinese Communist Party Congress was getting underway in Beijing, and days before Trump’ was scheduled to visit China.

India, Tillerson said in no uncertain terms, weighed heavier on the scale of strategic security and economic cooperation in Asia. “We’ll never have the same relationship with China, a nondemocratic society, that we have with India,” asserted Tillerson during questions and answers after a speech. Tillerson outlined the game-plan for an Indo-Pacific region where Washington was already engaged with India and Japan, and hopes to rope in Australia to make a quartet countering China’s aggressive stance in the South China Sea.

“We need to collaborate with India to ensure that the Indo-Pacific is increasingly a place of peace, stability, and growing prosperity – so that it does not become a region of disorder, conflict, and predatory economics,” clearly pointing at China.

“The emerging Delhi-Washington strategic partnership stands upon a shared commitment upholding the rule of law, freedom of navigation, universal values, and free trade,” he said, asserting further that, “Our nations are two bookends of stability – on either side of the globe – standing for greater security and prosperity for our citizens and people around the world.” Experts see this as the clearest statement of U.S. objectives vis-a-vis Asia and India, coming from this or previous administrations.

‘SUCCEED Act’ by GOP to protect undocumented kids in US

Three Republican senators introduced the ‘SUCCEED Act’ Sept. 25, designed to protect undocumented children, including over 7,000 Indian Americans, who currently face the threat of deportation following President Donald Trump’s repeal of DACA.

Sens. Thom Tillis of North Carolina, James Lankford of Oklahoma and Orrin Hatch of Utah introduced the proposed legislation at a news conference on Capitol Hill. The bill offers a pathway to citizenship to recipients of the Deferred Action for Childhood Arrivals program. Dreamers — as DACA children are known — will be offered conditional status and work permits for the first 10 years after they are approved for the program, and will then be eligible for a green card. After 15 years, the youths would be eligible for citizenship.

Unlike other green cards, DACA youth with green cards would not be allowed to sponsor family members for immigration purposes. “This is a merit-based solution that should unite members of both parties, and I look forward to working with my colleagues on the path forward,” said Tillis in a press statement after the bill was introduced.

Earlier in the month, Trump met for dinner with Senate Minority leader Chuck Schumer, D-New York, and House Minority leader Nancy Pelosi, D-Calif., in an attempt to hammer out legislation that would protect Dreamers, while also increasing enforcement at the nation’s borders. “Does anyone really want to throw out good, accomplished, educated people, some of them serving in the military? Really?” tweeted the president after the meeting.

A coalition of several Indian American civil rights organizations, including South Asian Americans Leading Together and Desis Rising Up and Moving, issued a statement after the meeting, soundly rejecting the tentative agreement between Trump, Pelosi, and Schumer, and demanding a “clean DREAM Act.”

“DACAmented youth should not be used as bargaining chips to further destroy immigrant families and to militarize our borders and neighborhoods,” stated the coalition of organizations. Hatch, who co-authored the DREAM Act with Sen. Dick Durbin, a Democrat from Illinois, stated in a press release: “I’ve said all along that we need a workable, permanent solution for the Dreamer population.”

“Immigration is a difficult issue, but I’m convinced there’s a path forward on this, and I’m committed to working with my colleagues on both sides of the aisle to find that path and to enact meaningful reform, which must also include increased border security,” he said.

Durbin, however, did not state his support for the SUCCEED Act. “I appreciate that my colleagues recognize the need to pass legislation giving a path to citizenship to Dreamers, young immigrants who were brought here as children and grew up in this country — so do 75 percent of the American people. Unfortunately, the Republican bill falls short,” he said in an interview with The New York Times.

More than 7,000 Indian American children currently benefit from DACA, an Obama-era executive order launched in 2012 which offered relief from deportation to undocumented youth, along with work permits and drivers’ licenses. Trump rescinded the initiative Sept. 5, saying Obama had overstepped the boundaries of executive power.

The ‘SUCCEED Act’ — Solution for Undocumented Children through Careers Employment Education and Defending our nation — would require children to obtain their high school diploma, and then either gain full-time employment, enroll in college, or sign up for the military. Applicants would have to maintain their good standing for five years in order to renew their status. Applicants cannot be affiliated with a gang, and must pass a background security check. They also cannot receive any federal public benefits.

“It is right for there to be consequences for those who intentionally entered this country illegally,” said Lankford, in a press statement, following the bill’s introduction. “However, we as Americans do not hold children legally accountable for the actions of their parents,” he said, while also praising Trump for rescinding DACA with the proviso of urging Congress to step up and create legislation which would permanently protect Dreamers.

“To address the uncertainty facing children who were brought to America, the SUCCEED Act is a fair solution that gives them a place to call home, but it also discourages future illegal immigration,” said Lankford.

State Dept. Tightens Rules for Visitors’ Visas: Misuse Results in Deportation

The State Department has released changes to its foreign policy manual that tighten rules for people entering the U.S. on non-immigrant – specifically tourist – visas.

“This was a process of taking a closer look at visa ineligibilities and making sure that people follow the rules we have in place and that we apply our rules consistently and correctly,” a spokesman for the State Department told India-West.

“It is not a new ineligibility. It is tightening existing rules to make sure people don’t misuse their visas,” he said, adding: “This is about people entering the United States saying they’ll do one thing and then doing another, such as making misrepresentations to get visas, without proper authorization.”

Those found in violation of what is known as the “90-Day Rule” could be ineligible for a new visa, a renewal or a change of status. Those who continue to remain in the U.S. would be eligible for deportation.

Examples of such misrepresentations include people coming in on visitors’ visas – B1 and B2 – and then immediately beginning to work within the first 90 days. Others who enter on tourist visas and then enroll in a university would also be exhibiting “a clear intent to misrepresent,” according to the State Department.

People entering the country as visitors and getting married within three months would also be considered as intending to fraud the system, said the spokesman, noting that a K1 visa allows U.S. permanent residents or citizens to sponsor one’s fiancé.

“If someone comes to the U.S. as a tourist, falls in love and gets married within 90 days and then applies for a green card, this means the application would be denied,” Diane Rish, associate director of government relations at the American Immigration Lawyers Association, told The New York Times. “This is a significant policy change.”

Those who take up a U.S. residence within 90 days are also in violation of the proviso of their tourist visa, clarified the State Department.

“If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, you may presume that the applicant’s representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry,” noted the State Department in a cable dispatched to all U.S. embassies abroad.

“If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status more than 90 days after entry into the United States, no presumption of willful misrepresentation arises,” noted the State Department in its memo, clarifying, however, that consular officials who believe the applicant did lie on his application could call for a review.

In related news, India has a particularly high rate of people overstaying a B1/B2 tourist visa, according to data released by the Department of Homeland Security in May. For the fiscal year 2016, more than 1 million tourist visas were granted to people from India. An estimated 17,763 people initially overstayed their visas, with about 15,000 continuing to remain in the country.

In FY 2015, almost 900,000 visas were allotted to visitors from India; more than 14,000 initially overstayed their visas, with an estimated 13,000 continuing to remain in the country.

Germany had the highest number of overstays in FY 2016 – more than 20,000, with more than 14,000 continuing to remain in the country. Italy also ranked high on the number of overstays: almost 15,000 continued to remain in the country after their tourist visa had expired, according to DHS data.

Trump makes it harder to shift from work visa to green card

U.S. Citizenship and Immigration Services (USCIS) announced that those who are on work visas and applying for permanent residence are now required to go through an in-person interview, a step that could slow down the application process and make it more difficult for the applicant. The new policy will go into effect on October 1 this year.

Thousands of immigrant aliens every year transited to US Green Card through their work visa in the US.. H1 B route was found to be quite convenient to obtain a green card. But it appears it is not going to be the same “easy and convenient” route anymore. In technical parlance, it refers to an I-485 adjustment of status interview. This announcement was made on August 28 and was reported immediately by The Indian Panorama

On another front, US immigration attorneys are seeing an uptick in number of ‘Requests For Evidence’ (RFEs) being issued by the USCIS. These RFEs relate to petitions (applications) filed on or about April 2017 for H-1B visas that will be valid from October 1, 2017.

A vast majority of those to whom green cards are allotted comprise those who are already working in the US on temporary visas. During the four-year period up to 2014, over 2 lakh green cards were allotted to H-1B visa holders, according to a report by the Bipartisan Policy Centre.

Latest available data released by the USCIS shows that during 2015, as many as 34,843 Indians adjusted their temporary visa status and obtained green cards. Of this, 25,179 were holding jobs in the US (primarily under the H1-B category).

Immigration.com managing attorney Rajiv S Khanna says, “A new wrinkle in the inquiries is that, as USCIS had warned, they will not accept level-1 wages to be given in H-1B cases easily. They are questioning level-1 wages almost uniformly.” He explains the various levels and illustrates the wages. Level-1 category relates to entry-level jobs and, at the other end, is the level-4 category which calls for a more technical and leadership role.

The prescribed wage at level 1 for a software developer in San Jose is $88,733 a year, which rises to $155,147 annually at level 4. Khanna adds, “It is the USCIS position that level-1 salary indicates a non-professional position that does not require a specific college degree and is a job that would be inappropriate for an H-1B visa.

Uncertainty over DACA leaves future of thousands of “dreamer” NRI kids in doubt

The Deferred Action for Childhood Arrivals program – an Obama-era initiative providing relief from deportation to more than 800,000 undocumented young people, now under consideration by President Donald Trump, has left the future of nearly 7,000 children of Indian origin in the United states in uncertainty.

Nearly 800,000 people who got a reprieve under an executive order by President Obama and on way to be legal residents, could face deportation if President Donald Trump pulls the plug on a program that protects undocumented immigrants who were brought to the United States as children. His decision could come as early as this week. It could also strip them of their work permits and rescind in-state tuition for undocumented college students. The program also allowed its recipients to obtain social security numbers.

According to U.S. Citizenship and Immigration Services latest statistics – collected until March 31 – an estimated 7,028 undocumented Indian American students are DACA recipients, many who arrived as young children with their parents and have never been able to return to the land of their birth. India ranks 11 amongst the top countries of origin for DACA students; 7,881 have applied for the program. More than 17,000 are eligible, according to data from the Migration Policy Institute. Pakistan ranks 22nd in countries of origin for DACA recipients: USCIS reports that 3,476 applications have been accepted to date.

The DACA program officially started on June 15, 2012, when the Obama administration announced that certain illegal immigrants who came to the US as children and met some guidelines – including being in school, or high school graduates, had served or were serving the military, had no criminal record, had a record of paying taxes and were not welfare recipients – may request consideration for a work permit, to be renewed every two years.

These individuals had to be under the age of 31 as of June 15, 2012, and had to show they had come to the US before reaching 16th birthday. It allowed these immigrants to study and work without fear of being deported.

DACA’s future has been murky ever since Trump took office. As a candidate, he vowed to slash it, but he hinted at a softer stance once he made it to the White House, pledging to handle the situation “with heart.” Now the President is said to be weighing his options on DACA as a potential court fight looms.

Last December, Trump told Time magazine in an interview that he would “work something out” for DACA beneficiaries. “They got brought here at a very young age, they’ve worked here, they’ve gone to school here. And they’re in never-never land because they don’t know what’s going to happen.”

In February, Trump said the DACA executive order was one of the most difficult issues he has had to grapple with. “You have some absolutely incredible kids, I would say mostly,” hedging his remarks by noting that some were drug dealers and gang members.

But the president is under deadline to repeal Obama’s executive order: a June 29 letter sent by Texas Attorney General Ken Paxton to Attorney General Jeff Sessions threatens to sue the administration if DACA is not repealed by Sept. 5. The attorney generals of eight other states – Alabama, Arkansas, Kansas, Louisiana, Nebraska, South Carolina, Tennessee, and West Virginia – and Gov. Butch Otter of Idaho were co-signatories to the letter.

The national coalition has petitioned Trump to rethink his plans to scrap the program. Doing so would imperil the economy and jeopardize the futures of nearly 800,000 young people — 97 percent of whom are in school or in the workforce, they wrote.

“Dreamers are vital to the future of our companies and our economy,” the executives wrote. “With them, we grow and create jobs. They are part of why we will continue to have a global competitive advantage.”

They have already submitted to extensive background checks. They pay income taxes. Without them, the economy would lose $460.3 billion from the national GDP and $24.6 billion in Social Security and Medicare tax contributions, the letter said. A study issued in January by the CATO Institute – a libertarian think tank – estimated that deporting all 800,000 DACA recipients – also known as DREAMERs – would cost the federal government $60 billion, and reduce economic growth by $280 billion over the next 10 years.

The letter, organized by Facebook chief executive Mark Zuckerberg’s FWD.us and signed by leaders of nearly 400 other companies, also urged Congress to pass legislation that would provide a permanent fix for the young undocumented immigrants.

Among the signatories are business magnate Warren Buffett, fashion designer Diane von Furstenburg, Tim Cook of Apple, Jeff Bezos of Amazon, Sheryl Sandberg of Facebook, and Meg Whitman of Hewlett-Packard. Microsoft chief executive Satya Nadella wrote in a LinkedIn post that “smart immigration can help our economic growth and global competitiveness” in addition to creating more jobs for Americans.

“As I shared at the White House in June, I am a product of two uniquely American attributes: the ingenuity of American technology reaching me where I was growing up, fueling my dreams, and the enlightened immigration policy that allowed me to pursue my dreams,” he wrote. “As a CEO, I see each day the direct contributions that talented employees from around the world bring to our company, our customers and to the broader economy. We care deeply about the DREAMers who work at Microsoft and fully support them.”

Nadella added: “This is the America that I know and of which I am a proud citizen. This is the America that I love and that my family and I call home. And this is the America that I will always advocate for.”

NBC reported that many advocacy groups have pressed Trump to ignore the “arbitrary” deadline set by 10 attorneys general around the US to end DACA. Immigrant rights groups are on the offensive, holding rallies and pressuring Congress to stand up for the program and pass a more permanent solution. Meanwhile, Dreamers across the United States are bracing themselves for the possibility of losing driver’s licenses, jobs or funding for their educations — and eventually facing deportation to countries many of them barely remember.

Two days before Trump’s executive order banning immigration from seven countries and halting refugee resettlement, which is currently suspended by the courts, the Trump administration issued another order that has caused widespread alarm among undocumented immigrants. The January 25 order greatly expands the definition of who is considered a criminal and therefore a target for deportation. It prioritizes removal of undocumented immigrants who have “committed acts that constitute a chargeable criminal offense,” regardless of whether they’ve been charged or convicted of a crime.

Even if Trump does not end the DACA program, hundreds of DACA beneficiaries could be subject to deportation under the expanded definition, said attorney Leon Fresco, who headed the U.S. Department of Justice’s Office of Immigration under President Obama. At particular risk are DACA recipients with outstanding orders of removal from the country. Any run-in with the law they might have had, however minor, could endanger their reprieve from deportation under DACA. “There is a 100 percent guarantee that some will have their DACA status revoked and they’ll be deported,” Fresco said. “It could happen any moment.”

H-1B visa applications see spike in inquiries from US authorities

Indians working in the US may find it more challenging to transition from a work visa (such as H-1B) to a green card. From October 1, the United States Citizenship and Immigration Service (USCIS) has made an in-person interview mandatory in such cases. In technical parlance, it refers to an I-485 adjustment of status interview. This announcement was made on August 28.

On another front, US immigration attorneys are seeing an uptick in the number of ‘Requests For Evidence’ (RFEs) being issued by the USCIS. These RFEs relate to petitions (applications) filed on or about April 2017 for H-1B visas that will be valid from October 1, 2017.

As regards the amendment made for adjustment of status to that of a green card, NPZ Law Group managing attorney David H Nachman explains, “USCIS currently requires interviews for family-based green card and naturalisation (obtaining citizenship) processes. But most of the time, it waives the interview requirement for the above category of applicants. While interviews for those transitioning from employment-based visa status to green cards were standard a decade ago, waivers have been regularly granted since then.

Under the new policy, there will be no further waivers. Thus, the new process will lengthen the waiting time for green card applicants.”

A vast majority of those to whom green cards are allotted comprise those who are already working in the US on temporary visas. During the four-year period up to 2014, over 2 lakh green cards were allotted to H-1B visa holders, according to a report by the Bipartisan Policy Centre.

Latest available data released by the USCIS — which was analysed by TOI — shows that during 2015, as many as 34,843 Indians adjusted their temporary visa status and obtained green cards. Of this, 25,179 were holding jobs in the US (primarily under the H1-B category).

H-1B inquiries spike Immigration.com managing attorney Rajiv S Khanna says, “A new wrinkle in the inquiries is that, as USCIS had warned, they will not accept level-1 wages to be given in H-1B cases easily. They are questioning level-1 wages almost uniformly.”

He explains the various levels and illustrates the wages. Level-1 category relates to entry-level jobs and, at the other end, is the level-4 category which calls for a more technical and leadership role.

The prescribed wage at level 1 for a software developer in San Jose is $88,733 a year, which rises to $155,147 annually at level 4. Khanna adds, “It is the USCIS position that level-1 salary indicates a non-professional position that does not require a specific college degree and is a job that would be inappropriate for an H-1B visa.

There are often situations where level 1 is indeed the appropriate level — even the largest consulting firms in the US do send out entry-level professionals for assignments.”

Nachman explains, “The question that continues to arise in the RFEs is to prove that the position that the H-IB applicant will be taking is in a speciality occupation. The new set of questions that we are seeing has to do with why the level-1 wage has been chosen if the position is a ‘speciality position’ calling for a complex set of duties. As you can see, the US government is requiring us to argue that the position is ‘complex’ and then, on the other side, asking that if it is so complex why is a lower salary being assigned?”

The increase in inquiries is an administrative cost for all, and is especially challenging for those employers (mid-tier companies) that had designated level 1 even for more experienced visa applicants.

UAE topples Saudi as top draw for Indian job seekers in Gulf

The United Arab Emirates (UAE) has emerged as the leading destination for Indians migrating to the Gulf in search of work, as per emigration clearance data for the first six months of 2017. The UAE has toppled, by a wide margin, Saudi Arabia which used to traditionally lead the pack.

Of the total emigration clearance of nearly 1.84 lakh, as many as 74,778 Indians (or 40.6%) obtained emigration clearances for the UAE during January-June this calendar year, while only 32,995 (or 18% ) migrated to Saudi Arabia.

Oman came a close third with 30,413 migrants, which is 16.5% of the total Gulf migration. In 2016, Kuwait was the third most popular destination. The Gulf Cooperation Council (GCC) is an alliance of six countries: Saudi Arabia, Kuwait, UAE, Qatar, Bahrain and Oman.

The other surprise in store is that Bihar edged Uttar Pradesh to occupy the top slot as the leading source state during the first half of 2017. Bihar contributed 35,807 (or 19.5%) of the total migrants to the Gulf. UP sent 33,043 migrants (or 18%).

Contrast this with 2015, when of the total 7.58 lakh Indian migrants to the Gulf, 31% hailed from UP and only 14% from Bihar. The main reason for this shift in ranking is a drastic fall in migration from UP to Saudi Arabia during the first half of 2017. Of the total migrant figure of 3.06 lakh to Saudi Arabia in 2015, 1.28 lakh migrants (or 42%) hailed from UP. The pan-India figure of migrants to Saudi Arabia dipped to 1.65 lakh in 2016 of which 36% were from UP.

Between January to June, only 1,179 workers from UP obtained emigration clearance for Saudi Arabia. This works out to a mere 3.57% of the total migration to this country. On the whole, emigration clearance statistics reflect a steady decline in migration to the Gulf, as per the statistics of the ministry of external affairs (MoEA). The pan-India emigration clearance during 2016, of 5.07 lakh, was a decline of 33% as compared to the previous calendar year.

While comparative six monthly figures of 2016 are not available, with only 1.84 emigration clearances during the first half of 2017, it shows that the falling trend will continue. Contrary to popular notions, Kerala doesn’t occupy the top slot of source states for Gulf bound migration. S Irudaya Rajan, professor at the Centre for Development Studies (CDS), who spearheads the annual Kerala Migration Survey, says: “Historically, Kerala was the leading source state for migrants going to the Gulf countries. One out of every five migrants who left India in 2008 was a Keralite. After the global crisis that followed, this is down to one out of twenty in 2016.”

Kerala occupied eight slot in 2015, with 42,731 migrants (or 5.6%) of the pan- India total. Its eighth position continued in 2016 with 24,962 Keralities migrating to Gulf and its ratio to all-India migration was 4.9%. Kerala’s ranking was up to seventh in the first half of 2017, with 8,995 emigration clearances or nearly 5% of the pan-India emigration clearances (See graphic). Rajan explains: “The wage differential for unskilled labourers between Kerala and Gulf has narrowed, plus savings for Gulf workers are hit by the high cost of living.

Keralites are slowly vacating from Gulf and are replaced by people from UP, Bihar, and neighbouring countries such as Nepal and Sri Lanka. Unlike the rest of India, Kerala is experiencing an ageing population-—this too impacts migration.”

A study done by the International Labour Organisation (ILO) in 2016 illustrates that India has fixed the referral wage for carpenters and masons at Saudi Riyal 1,700 per month, which is 40% and 10% higher than that set by Nepal and Philippines “The higher referral wages may periodically reduce employers’ preference for Indian workers. But if this tendency continues for long, it may adversely impact migration outflows from India, which in turn will restrict livelihood options and dampen remittance inflows,” the report said.

USCIS to Expand In-Person Interviews for Permanent Residency Applicants Starting October 1st

The US Citizenship and Immigration Services (USCIS) has announced that it is expanding in-person interviews for persons applying for permanent residency (Green Cards). Beginning October 1st, USCIS will being conducting in-person interviews for individuals applying for permanent residency under the following benefits types: Employment (Form I-485, Application to Register Permanent Residence or Adjust Status); Refugee/Asylee Petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, in-person interviews were not conducted for applicants under the above categories. The change is in compliant with Executive Order 13780 “Protecting the Nation from Foreign Terrorist Entry into the United States” unveiled by the Trump administration earlier this year, says USCIS.

USCIS says conducting in-person interviews will provide USCIS officers an opportunity to prevent fraud of the system and verify the information provided in an individual’s application, and to determine the credibility of the individual seeking permanent residency.

“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system… USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States,” said James McCament, Acting USCIS Director. USCIS plans to expand in-person interviews for other immigration benefit types.

US lawmaker calls for removal of country quota in Green Card

An influential American lawmaker has called for removal of country-specific quotas for legal permanent residency, also known as green cards, in the U.S. Congressman Kevin Yoder, R-Kan., who July 11 became the lead sponsor of the previous Fairness for High-Skilled Immigrants Act, argued that the existing country-specific quota for green cards is unjust for people from countries like India and China.

A Pew Research report released this week said that the average wait time for an Indian technology professional or those seeking green cards under the employment category is more than 12 years.

The Fairness for High-Skilled Immigrants Act was previously introduced by former-Rep. Jason Chaffetz, with Yoder as an original cosponsor. Currently, 230 Members of Congress have signed on as cosponsors of the bill, with more than 100 members from each party in support.

The Act reforms the legal immigration system by eliminating the existing, arbitrary per-country percentage caps that have caused backlogs in the employment-based green card system, he said. “Under the existing per-country percentage caps, large nations like India and China, which account for more than 40 percent of the world’s population, receive the same amount of visas as Greenland, a country that accounts for one-one thousandth of a percent of the world’s population,” he said.

“With about 95 percent of the employment-based green card applicants already living and working in America on temporary visas, the vast majority of applicants are simply waiting in line to get approved for permanent residence. But high-skilled immigrants from large countries are forced to wait two to three times longer under existing law,” Yoder said.

The Fairness for High-Skilled Immigrants Act would correct this problem and leave in place a system where all equally-qualified, highly-skilled employees will receive green cards in the order they apply and based solely on the skills they are bringing to America, he explained.

Asserting that the United States is a nation of immigrants, as well as a nation of laws, Yoder said this legislation strikes the perfect balance by achieving significant reforms of the employment-based green card system, helping American companies hire high-skilled immigrants to help grow the American economy. “Importantly, our bill helps them do it through the proper legal channels – the right way – which are all too often forgotten in debates over border security and illegal immigration,” he said.

“And it helps the many immigrants who are already living and working here on temporary visas obtain permanent residence they’ve earned through hard work and dedication to our country and its values, raising their families and children as Americans right here in our communities,” Yoder added.

The Pew Research report noted that India is among the top countries whose residents get green cards every year. In 2015, about 36,318 Indians adjusted their status to permanent residency while 27,798 Indians are new arrivals who received lawful permanent residency in the form of a green card, Pew Research said.

“In one employment-related category, people from India applying for permanent residence as skilled employees currently have a 12-year waiting list. In other words, the government currently is processing applications filed in May of 2005,” the report said.

Pew said from fiscal years 2010 to 2014, about 36 percent of employment-related green cards, more than 222,000, were granted to H-1B visa holders. A green card holder can apply for U.S. citizenship after five years of residency. This period is shortened to three years if married to a U.S. citizen

Green card holders who adjusted their status are more likely than new arrivals to be in their prime working years of 25 to 64. Among those who adjusted their status, 72 percent were of ages 25 to 64, compared with 55 percent of new arrivals, the research report said.

According to the study, in every fiscal year since 2004, the U.S. has issued more green cards to immigrants living in the country on another visa who adjust their legal status (7.4 million) than to new arrivals (5.5 million).

Bill introduced to give Green Cards to immigrants who worked at Ground Zero

Ground Zero recovery workers would get green cards allowing them to live legally in the United States under new legislation announced Sunday by Rep. Joseph Crowley. The bill would give legal status to workers who worked on the cleanup after the Sept. 11 terror attacks but faced deportation over a three-decade-old drug conviction.

The bill introduced in the US Congress by Rep. Joseph Crowley would help provide green cards to immigrant workers who helped clean up Ground Zero in New York in the wake of the Sept. 11, 2001, terror attacks. The bill would allow for those immigrants to live legally in the U.S., according to a New York Daily News report.

“They went to work at a long, hazardous and sad job of cleaning up the destruction of a terrorist attack on that day. There is no doubt in my mind that what they did was beyond patriotic; it was heroic,” Crowley (D-Queens) said at a press conference outside City Hall. “They served our country when we needed a hand, and now we’re only showing them, unfortunately, the back of ours. Instead of gratitude, they’re being shown the door,” the congressman added.

The new legislation would allow an estimated 1,000 to 2,000 undocumented immigrants who toiled at the wreckage of the World Trade Center to become permanent residents, and eventually qualify for citizenship, it said. It would apply to people who worked on recovery and cleanup in lower Manhattan between Sept. 11, 2001, and July 2002, using the same definition applied in the Zadroga Act for medical benefits, the report noted.

The bill is scheduled to be formally introduced this month and the Daily News reports that backers are looking for a sponsor to introduce it in the Senate. “These men and women acted selflessly and bravely, often risking their lives and their health,” said Rep. Jerrold Nadler in the report. “I can tell you one thing we never did when they came to work on The Pile: We never asked their immigration status. We were just grateful for their presence and their help.”

Trump Administration wants to do away with startup Visa rule

Giving into the pressure from right wing nationalists, the Trump administration plans to delay and ultimately scrap a rule that would allow some foreign entrepreneurs to stay in the U.S. and build their companies, according to a report, citing an administration official referencing a final draft of a Federal Register notice.

While the International Entrepreneur Rule — a rule close to what Silicon Valley has been seeking for some time — was set to take effect on July 17 following the Department of Homeland Security’s January approval, now President Donald Trump and his administration is hoping to squash the rule that was approved during previous President Barack Obama’s administration, the San Francisco Chronicle reported June 21.

The yet-to-be-released notice will push back the start date of the rule to March 2018, during which time it plans to remove it, the report said. Should the rule go into effect, it would give entrepreneurs who do not qualify for existing visa programs, such as the H-1B and L-1 programs routinely sought by Indian individuals seeking work in the U.S., a chance to stay in the U.S. and grow their businesses. The Trump administration is working on altering the H-1B and L-1 visas as well, as part of his “Buy American, Hire American” executive order.

The Chronicle reported how Indian American entrepreneur Sharoon Thomas moved his e-commerce software startup from Mountain View, Calif., to Canada to keep his company going. Word of the notice came during a week in which Trump met with tech giants Microsoft and Apple and their chief executives Satya Nadella and Tim Cook to build up a wavering relationship between Silicon Valley and Washington, the Chronicle reported.

To qualify for the “startup visa” rule, a foreigner must demonstrate that he or she will contribute to economic growth or job creation and show that a reputable investor has put at least $250,000 into the company.

It allows the entrepreneur to stay in the U.S. for 30 months, with the possibility of a 30-month extension. Critics say the rule’s use of “parole” authority with respect to visitors from abroad is problematic, the report said.

In this case, the term parole means that individuals are not formally admitted into the U.S. — as they would be with a work visa such as an H-1B — but legally can stay for a temporary period, it said.

Four Republican senators — Jerry Moran of Kansas, Orrin Hatch of Utah, and Jeff Flake and John McCain of Arizona — wrote to the Department of Homeland Security expressing support for the rule, according to the report. The notice will likely be published in the Federal Register in the coming days, the official said in the report.

More than half of new green cards go to people already living in the U.S.

BY D’VERA COHN AND NEIL G. RUIZLEAVE A COMMENT

About a million immigrants receive U.S. green cards each year, but fewer than half are new arrivals from other countries. The majority already live in the United States on temporary visas, according to recently released U.S. Department of Homeland Security data that show that the two groups have different profiles.

In every fiscal year since 2004, the U.S. has issued more green cards to immigrants living in the country on another visa who adjust their legal status than to new arrivals. (In fiscal 2015, the most recent full year available, there were 542,315 in the former category and 508,716 in the latter.) Since 2004, a total of 7.4 million people who adjusted their status and 5.5 million new arrivals have received lawful permanent residency in the form of a green card.

The size of the difference between the two groups has diminished, though, because the number of visas granted to immigrants already in the U.S. has declined in the past decade while the number granted to new arrivals have risen slightly. In the first two quarters of fiscal 2017, from Oct. 1 to March 30, new arrivals (289,603) slightly outnumbered those who adjusted their status (270,547). The Trump administration has announced immigration restrictions that could continue to reduce the number of people who receive green cards while they are in the U.S. on temporary visas.

The federal government grants green cards for lawful permanent residence based on a complex system of admission categories and numerical quotas. Most go to immigrants who are sponsored by family members, either as immediate relatives of U.S. citizens (44% of fiscal 2015 green cards) or other family members of citizens and lawful permanent residents (20%).

Employment-related categories (including workers’ family members) accounted for 14% of 2015 green cards. Refugees (11%) and people granted asylum (3%) together made up a similar share. There also is a “diversity” category for people from countries with historically low rates of U.S. immigration (5%). There are no green card quotas for immediate relatives, refugees and people granted asylum, but there is a limit on the number of family-sponsored and employment-based green cards that can be issued to immigrants from any country in a fiscal year (currently set at 7%).

Half (51%) of the immigrants who received green cards in 2015 by adjusting their status were refugees, had been granted asylum, or were in the employment-related category. (Refugees and those granted asylum receive green cards only by adjusting their status, and 151,995 people did so in 2015, according to Department of Homeland Security data.) Among those who received employment-related green cards, 85% – or 121,978 people – did so by adjusting from temporary status.

The group of refugees and people granted asylum includes Cubans, who had been allowed to apply for permanent residency – rather than be sent back home – if they set foot on U.S. soil, until President Obama ended that policy in January. Refugees and people granted asylum could be the category most affected by the Trump administration’s plans to reduce and restrict refugee admissions.

President Donald Trump has ordered a lower ceiling on the number of refugees admitted to the U.S., though the order’s implementation is tied up in court. (The Supreme Court has agreed to hear the case, which also includes a temporary ban on travelers from Iran, Libya, Somalia, Sudan, Syria and Yemen.) Meanwhile, the number of refugees resettled in the U.S. each month has declined since October. Refugees are required by law to apply for lawful permanent residence status after one year of U.S. residence (people granted asylum are eligible to apply a year after being granted asylum), so any restrictions on refugees would have an impact on green card applications relatively soon.

Trump administration officials also have discussed restricting the number of temporary work visas – for example the H-1B visas for high-skilled workers, which is the main pathway for high-skilled workers to gain permanent residency. From fiscal 2010 to 2014, about 36% of employment-related green cards – more than 222,000 – were granted to H-1B visa holders, according to a report by the Bipartisan Policy Center that used Department of Homeland Security data obtained under a Freedom of Information Act request. According to its findings, a majority of people who receive employment-related green cards were in the U.S. on temporary worker visas.

New arrivals who receive green cards, on the other hand, are far more likely to be sponsored by family members – fully 85% are, compared with 46% of those who adjusted their status in 2015. Only 4% of new arrivals came in an employment category.

Both adjustments and new arrivals could be even more numerous were it not for limits on some admission categories and the per-country limit. For example, in one employment-related category, people from India applying for permanent residence as skilled employees currently have a 12-year waiting list. In other words, the government currently is processing applications filed in May of 2005.

Green card holders who adjusted their status are more likely than new arrivals to be in the prime working years of 25 to 64, and are less likely to be younger or older. Among those who adjusted their status, 72% were ages 25 to 64, compared with 55% of new arrivals.

Looked at another way, most granted new green cards in their prime working age (58% in 2015) were those who had adjusted their status. And most people younger than 25 (60%) or those ages 65 and older (57%) were new arrivals.

The top birth countries for both groups included Mexico, China and India (these are also the top origin countries in the overall U.S. immigrant population). But beyond that, the country profiles of these two groups differ somewhat.

Among the birth countries with the most people who adjusted their status were Cuba and South Korea, whose majority of nationals have been admitted in the employment-related category. New arrivals were more likely to be from the Dominican Republic, Haiti and Vietnam (overwhelmingly with family sponsorship), and the Philippines (mainly with family sponsorship).

Unlike temporary residents, immigrants who become lawful permanent residents are allowed to live and work anywhere in the U.S. They also have a variety of other rights and may apply to become U.S. citizens after meeting length of stay and other requirements.

‘With Those Freedoms Came Enormous Responsibility, to Use My Life to Pay it Forward:’ Rep. Pramila Jayapal writes in NYT

Jayapal is the first Indian-American woman elected to the House of Representatives, representing Washington state’s 7th District, and one of only six members of Congress who is a naturalized American citizen. She’s been fighting for equality in the US since she arrived from India at the age of 16. Now 51, Jayapal is using her experience as a community organizer and former Washington state senator to stand up for progressive causes in her district and across the country.

Pramila Jayapal, a freshman congresswoman penned an op-ed piece describing her experience becoming a U.S. citizen in the New York Times Fourth of July issue. Her op-ed, titled, “The Country I Love,” began by stressing her privilege of becoming the first Indian American woman to serve in the U.S. House of Representatives and one of six members of Congress who are naturalized citizens.

She went on to say, “After arriving here from India at age 16, I spent more than a dozen years on an alphabet soup of visas — F1, H-1B and more — before I finally got my green card through marriage to an American.”

“Some years later, I was awarded a fellowship from the Institute of Current World Affairs, which allowed me to spend two years living in my birth country,” she added. “I just had to come back to the United States once a year to keep my permanent resident status current. When I became pregnant during the second year of the program, my husband and I planned to return to the United States in time for my last trimester, so I could deliver the baby at home, and then return to India.”

She continued to explain her story in becoming an American, talking about the premature delivery of her son which caused her to stay in India and losing her green card status in the process.

After regaining permanent resident status, she moved to the U.S. when her son was able to fly at three months, and then focused on gaining citizenship “so that I would never again face the prospect of being separated from my son, who was a United States citizen.”

“As we took the oath of citizenship, the solemnity of the moment spiked through me. Tears welled up and rolled down my cheeks as I took in the mixed emotions of renouncing any allegiance to my birth country of India where I had been a citizen for 35 years and embracing my new country,” she explained in the Times piece.

“In that moment, as I took my oath, I realized how lucky I was. I knew that my future had opened up, and that citizenship would offer me the chance to seek opportunity and to take part in our democracy,” she said. “I knew, too, that with those freedoms and opportunity came enormous responsibility: to do everything I could to preserve and build our democracy, to vote, and to use my life to pay it forward and ensure opportunity for others.”

From those thoughts, Jayapal emerged as “an immigrant, civil and human rights advocate, then the first South Asian elected to the Washington State Legislature and the only woman of color in the Washington state Senate, and then was elected in 2016 to the United States Congress.”

The Indian American stressed the importance of the times America is in now, with the difficulties immigrants are dealing with caused by President Donald Trump.

“This Fourth of July, as I remember my own naturalization ceremony and give thanks for the honor of being a United States citizen and a member of Congress, I call on the president and my fellow Americans to remember our history,” she said. “What makes America great is our commitment to our values of inclusivity and opportunity for all. Immigration is about more than just who comes here and who is allowed to stay. It is about who we are as a country and what we are willing to stand up for.”

Speedy entry into US for Indian travelers as India signs Global Entry Program

Low-risk Indian travelers to the US from now on would experience speedy entry into the country after landing, with India making a formal entry into an American initiative.

President Donald Trump welcomed India’s entry into the International Expedited Traveler Initiative (Global Entry Program), saying it would facilitate closer business and educational ties between the citizens of India and the US. The India-US joint statement, issued after talks between Trump and Modi, said the US president applauded the entrepreneurship and innovation of Indians and Indian-Americans that have directly benefited both nations. The citizens of Switzerland and the United Kingdom are also part of the programme, which India has now joined.

Global Entry is a US Customs and Border Protection (CBP) programme which allows expedited clearance for pre-approved, low-risk travellers upon arrival in the United States. On landing at select airports, the programme members enter the United States through automatic kiosks, instead of queueing up to clear the immigration by meeting an immigration officer. Read: What is Global Entry Programme? Click here

At these airports, the members proceed to the Global Entry kiosks, present their machine-readable passport or US permanent resident card, place their fingerprints on the scanner for fingerprint verification and complete a customs declaration. The kiosk then issues the traveller a transaction receipt and directs him or her to the baggage claim and the exit.

Travellers must be pre-approved for the Global Entry programme. All applicants undergo a rigorous background check and in-person interview before enrolment, the CBP website says. It says that while Global Entry’s goal is to speed up travellers through the process, members may still be selected for further examination when entering the United States.

The select US airports that offer the facility include all major ones, including New York, Newark, Washington, Austin, Dallas, Houston, Boston, Chicago, San Francisco, Los Angeles, San Jose, Las Vegas, Miami and Seattle. Besides those in the US, the airports at Dublin in Ireland, Vancouver and Toronto in Canada and Abu Dhabi are also on the list.

These airports have been chosen as an air traveller can clear US immigration at these airports, virtually making their onward flight from there to an American city a domestic one.

Gov. Cuomo orders probe after NRI asks immigration status of tenants

Jaideep Reddy, an Indian American landlord in Queens, New York, has apologized for having sent letters to the tenants in his building demanding they prove they are in the country legally or risk eviction, according to a report in the New York Daily News.

State Sen. Jose Peralta, furious upon learning about the letters, filed a complaint on June 19 with the state attorney general’s office, the report said. When confronted by media, landlord Jaideep Reddy apologized. “That’s wrong,” he said. “I’ll retract that. I’m sorry.”

Peralta said the owners of the property in Corona violated the rights of the tenants by sending the letters. “This is unreal, and sadly, it seems that it’s open season against immigrants since the election of Donald Trump,” he said. “I am not going to tolerate this, or any other form of discrimination.”

City Council Speaker Melissa Mark-Viverito told media the letter is “abhorrent.” “We knew that something like this was bound to happen when people feel emboldened in this climate to defy the laws and intimidate people,” she said. “At the end of the day, what this is about is probably getting people out of the apartment so they can raise the rent.”

Reddy, a physician who lives in Glen Head, Long Island, told The News the letter was the result of over a year’s frustration of trying to gain access to the apartments to make electrical repairs following a fire, and said his electrician drafted the letter. “Each apartment has 12 people in there—is that safe?” he queried.

Gov. Cuomo, meanwhile, became involved in the story when on June 19 he directed the state Division on Human Rights as well as other departments to investigate the actions, adding that the probe would seek to determine if the problem exists elsewhere in the state, according to The News, which reported exclusively on the issue June 18.

2 NRIs charged with posing as DHS agents, defrauding immigrants of $6 million

Three men, including two Indian Americans, were arrested on June 7 in connection with a scheme to allegedly defraud victims seeking immigration status in the United States. Prosecutors say as part of the fraud, two of the defendants – Hardev Panesar, 69, of El Cajon, California, and Rafael Hastie, 47, of Tijuana, Mexico – posed as officers of the Department of Homeland Security (DHS) and promised that they could obtain immigration status for people in exchange for exorbitant fees. Gurdev Singh 56, of Bakersfield, California is also charged with allegedly assisting his conspirators in the scheme.
The three have been charged on 31 counts of conspiracy to commit wire fraud, wire fraud, false impersonation of an officer or employee of the U.S.; and structuring domestic financial institutions.
According to a federal grand jury indictment unsealed June 7, although Panesar and Hastie have never worked at DHS, they claimed to be DHS agents from at least 2014, claiming they had the authority to procure lawful immigration documents and legal status for individuals who lacked such status in the United States; The two also allegedly claimed they had the power to stop deportation proceedings.
The indictment alleges that Panesar, Hastie and Singh defrauded victims out of approximately $6,000,000 from the scheme, and used the money for their own personal use. They solicited and recruited victims across the United States, including California and Indiana, and Mexico, according to the Justice Department.
Panesar and Hastie convinced victims that they were agents, in part, because they showed fake agency credentials when meeting with the victims. The two also provided immigration applications to victims and took fingerprints supposedly for immigration forms. They often demanded more money to speed up the process or guarantee the immigration documents by a certain date. Panesar, Hastie, and Singh never delivered on their promise despite collecting thousands of dollars from each of the more than 150 victims.
The investigation into this case continues. The San Diego Division of the Federal Bureau of Investigation (FBI) is seeking more information of possible victims in this investigation from 2000 through 2017.

Donald Trump’s ruling on H-1B visa is based on wrong data

During the election campaign candidate Trump won support from the electorate by promising to bring back job sot America. Now, US President Donald Trump’s order for a comprehensive review of the H-1B visa program could well be based on wrong data.

A controversy raged in the US for months about low-paid H-1B visa holders, mainly tech workers hired by Indian companies, taking away American jobs. During the background briefing on Trump’s ‘Buy American, Hire American’ executive order, a Trump administration official had said that about 80 per cent of H-1B workers were paid less than the median wage in the sector.

Foreigners on H-1B visa who are paid less-than-median American salary provide cost advantage to employers who do not prefer American workers for same jobs. This leads to Americans losing their jobs to foreigners.

But a study by an American think-tank – National Foundation for American Policy (NFAP) – claims there are too few low-paid H-1B workers in the first place by disputing the US government data which shows most workers on H-1B visas are paid less than the median wages in the sector.

According to the NFAP study, the data had wrongly counted more low-paid H1B visa workers than there actually are. “This statistic is misleading as it relies on a Department of Labor database that includes multiple applications for the same individuals since a new filing is generally required when an H-1B professional moves to a new area,” it says. Since mostly younger workers, who are paid less, are sent to multiple offices, they are counted double or triple. This skews the numbers towards lower-paid H-1B workers.

The NFAP study says the data that creates the impression that 80% of could be wrong on another count-understating of salaries by employers. “It may not reflect what employers actually pay individual workers, only the minimum required to be listed for government filing purposes,” says the study. “The wages listed in the DOL database are generally only the minimum that a company is required to pay under the law. Employers are required to pay the higher of the prevailing wage or actual wage paid to all other individuals with similar experience and qualifications for the specific employment in question. That means wages listed in the DOL database typically understate an individual H-1B visa holder’s actual salary,” says the study.

So, the huge number-80%-of H-1B workers being paid less than the median wage is actually a result of double or triple counting and understating of their salaries by employers.  If what the NFAP study says is true, then the whole case of low-paid foreign workers taking away jobs of Americans collapses. It would mean the decision of the Trump administration to review the H-1B visa programme is an attempt to fix a problem that does not exist but can end up damaging the US tech sector which requires foreign talent.

US Labor Department to ramp up fraud probes of H-1B visa program

The U.S. Labor Department is stepping up efforts to root out potential fraud in its visa programs for foreign workers, a move that will include increases in both civil investigations as well as criminal referrals. The announcement by Labor Secretary Alexander Acosta follows President Donald Trump in April ordering a review of the U.S. visa program as part of his “America First” campaign pledge.

The April executive order specifically entailed a review of the H-1B visa program, which is routinely used by technology firms like Tata Consultancy Services Ltd, Cognizant Technology Solutions Corp and Infosys Ltd to bring skilled foreign workers, such as engineers, to jobs in the United States.

Critics of the program, including Trump senior adviser Stephen Miller, have argued the laws governing these visas are lax and make it too easy for companies to replace U.S. workers with less-expensive foreign labor.

The U.S. Labor Department and Department of Homeland Security each play a role in reviewing the applications for foreign guest workers.

In April, Homeland Security said it was planning to take steps as well to prevent fraud in the H-1B visa program. Labor Department officials said, the increased enforcement efforts will involve all of the foreign visa worker programs, including H-2A and H-2B visas.

Those steps include directing the department’s wage and hour division to “use all its tools” to conduct civil probes, ramping up criminal referrals to the department’s inspector general and instructing the employment and training office to propose changes to the H-1B labor condition application that companies file when they seek to hire foreign skilled guest workers.

“Entities who engage in visa program fraud and abuse are breaking our laws and are harming American workers,” Acosta said in a statement. A senior Labor Department official acknowledged there are legal limitations in the department’s authority over H-1B visas. Exemptions in the law, for instance, allow companies to skirt requirements to protect American workers, and the department’s authority to investigate is restricted.

The official said the department was looking into whether to ask Congress to amend the law. A bill introduced earlier this year by Republican Senator Charles Grassley of Iowa and Democratic Senator Dick Durbin of Illinois would give the department more powers to go after H-1B violators.

Lawmakers reintroduce bipartisan legislation to retain foreign-born PhDs trained in America

Congressman Erik Paulsen, R-Minnesota, and Congressman Mike Quigley, D-Illinois, reintroduced a bill that if passed by Congress would further smooth the path for highly educated Indian-Americans with degrees in the sciences from U.S. universities, to remain in this country.

The bipartisan legislation entitled, Stopping Trained in America Ph.D.s from Leaving the Economy (STAPLE) Act, would exempt foreign-born individuals who have earned an American Ph.D. in science, technology, engineering, or mathematics (STEM) from the limits on the number of employment-based green cards and H-1B visas awarded annually. It was earlier introduced on April 30, 2015 House Resolution 2181), and reintroduced by the lawmakers on May 25 this year.

“It is no surprise that the brightest minds from around the world come to the United States to pursue their advanced degrees, and we should be doing all we can to ensure students we educate and train here use what they’ve learned to contribute to the American economy,” Congressman Paulsen is quoted saying in a May 25 press release introducing the legislation. “With thousands of high-skilled jobs going unfilled, the STAPLE Act makes sure American companies are getting the talent they need. By stapling a green card or visa to their diplomas, these professionals can invent and innovate new discoveries that grow our economy.”

“If we are serious about fostering innovation, spurring economic activity, and staying competitive in the global marketplace, we must encourage the brightest minds in the world to study, work, and stay in our communities,” said Congressman Quigley. “We cannot advance our technology or research if we continue sending foreign-born, but U.S. educated, students with advanced degrees away,” he added

H-1B visas, also known as high-skilled visas, are subject to annual caps that the lawmakers said, are “woefully” short of the number necessary to fill high-skilled jobs. Since April 1 when the U.S. began accepting H-1B petitions, the U.S. has received 233,000 applications for these high-skilled visas. Only 65,000 will be available this year, meaning that applicants will be subject to a lottery where two-out-of-three applicants will be denied a visa, they point out. Indian-Americans have the highest levels of education and income in this country.

They also contended that numerous studies have found H-1B visas end up creating jobs for native citizens. They quoted a 2011 study from the conservative think tank, the American Enterprise Institute, which found that “an additional 100 foreign-born workers in STEM fields with advanced degrees from U.S. universities is associated with an additional 262 jobs among U.S. natives.”

Paulsen, who describes himself as a champion of small business and advocate of free enterprise, entrepreneurship, and innovation, serves on the House Ways and Means Committee, the bicameral Joint Economic Committee, and is co-chair of the Congressional Medical Technology Caucus.

Raja Krishnamoorthi says H1-B not responsible for U.S. unemployment

Illinois Democratic Congressman Raja Krishnamoorthi says unemployment in the U.S. cannot be laid at the door of highly skilled foreign workers employed in American companies. The Congressman was speaking at an interactive “Community Dialogue” series hosted by the US-India Political Action Committee (USINPAC) recently, along with immigration lawyer Rajiv S. Khanna.

The interaction focused on issues surrounding Trump Administration’s immigration reform and its impact on US-India relations. In response to questions about the H-1B visa and family immigration, Krishnamoorthi emphasized that America was a country of immigrants. And while there is a shortage of skilled labor, reform would be needed to attract highly professional work force vital to the country’s economy, he said according to a press release from USINPAC. He warned that a hostile immigration environment might make IT companies move jobs offshore.

Skilled immigration should figure in the talks between Prime Minister Narendra Modi and President Donald Trump, during the impending visit of the Indian leader, Krishnamoorthi said. Congressman Krishnamoorthi did not think H1B visa program is to blame for massive US unemployment, the press release said. Regarding worker shortage in the Silicon Valley, the Krishnamoorthi said if President Trump wants to grow the U.S. economy at 3-4%, immigration reform must not be reckless, and should not fail to retain and attract high tech workers in sectors such as artificial intelligence and big data.

Khanna suggested a detailed economic, statistical and legal bipartisan study on the effects and benefits of the H1B program to close the gap between perception and reality. Krishnamoorthi agreed, the study would guide policymakers on how to grow the nation’s talent pool. Krishnamoorthi has co-sponsored a bill that calls for revoking the per- country caps for H1B visa, and favors both skill-based and family immigration.

World’s leading authority to lead luxury Jewish-India tour by Pacific Delight Tours

My Second Home tour (hosted by leading Jewish-India scholar Professor Nathan Katz) features all the “must see” sights, while offering insights into the fascinating, little-known Jewish experience in India. Discover the dazzling cultural, historic and spiritual mosaic in a land where Jews have lived happily and made their mark for millennia. The itinerary is superb, the hotels are world-class, and the people you’ll meet spectacular.

His tour to South India with Nathan [Katz] was spectacular – “truly one of my favorite trips ever. We saw sights we never would have imagined. But the amazing thing was to have Nathan’s insights and historic perspective to gain a better understanding of the people and places we encountered. It gave such meaning to everything we saw and experienced. He imparted a love of India that is still with me today,” he said. Nina Piken, Boston, MA, who toured with Prof. Nathan Katz twice, to North India and South India

US asks visa applicants for social media handles

The United States has begun asking some would-be visitors applying for visas to provide their identities on social media, among other more vigorous screening methods. A State Department official, speaking on condition of anonymity, told AFP new security procedures had gone into effect on May 25 for travelers deemed to present a risk.

In a March 6 memorandum, President Donald Trump vowed to tighten controls on who can enter the United States, the better to ferret out extremists who might pose a threat.

According to the US official, consular officers can now demand extra information from applicants they deem to require “more rigorous national security vetting.” “Such visa applicants will be asked to provide additional information, including their social media handles, prior passport numbers, additional information about family members, and a longer history of past travel, employment, and contact information,” she said.

Nevertheless, she added, these changes will “affect only a fraction of one percent of the more than 13 million annual visa applicants worldwide.”

US welcomes Infosys decision to hire 10,000 workers in US

The US administration has welcomed the decision of Indian IT giant Infosys to hire 10,000 Americans in the next two years, as part of their drive to hire more locally, saying it was a result of the US government’s “pro-growth economic agenda.”

Infosys announced it plans to hire 10,000 U.S. workers in the next two years and open four technology centers in the United States, starting with a center this August in Indiana, the home state of U.S. Vice President Mike Pence, reported Reuters.

Other Indian IT companies have recently announced plans to hire locally in the US, including TCS, to face the challenge of likely reforms in the H-1B visa and other work visas. In a statement to The Washington Post, the White House termed the announcement by the Bangalore-based Infosys a political victory for the Trump administration, which has on several occasions accused outsourcing firms of “unfairly” taking jobs away from the US. “We’re glad to see companies like Infosys see opportunity in the American economy again,” said Ninio Fetalvo, a White House spokesman, in a statement to The Post.

The decision to hire locally by Indian IT companies comes as Infosys and some of its peers such as Tata Consultancy Services and Wipro Ltd have become political targets in the United States and have been accused of displacing U.S. workers’ jobs by flying in foreigners on temporary visas to service U.S. clients.

The IT service firms – which advise large companies on tech issues and carry out a range of tasks for them, from managing back-end computing systems to high-level programming – rely heavily on the H1-B visa program, which U.S. President Donald Trump told federal agencies to review.

Other Indian outsourcing firms have recruited in the United States, but Infosys is the first to give concrete hiring numbers and a timeline for its plans, following Trump’s visa review. The move marks a huge increase in U.S. hiring by Infosys. In 2014, when Vishal Sikka became chief executive, the firm had said it would hire 2,000 people in the United States.

In a telephone interview with Reuters from Indiana, Sikka said Infosys had achieved that goal and now wanted to hire U.S. workers in fields such as artificial intelligence, cloud and big data. “The reality is bringing in local talent and mixing that with the best of global talent in the times we are living in and the times we’re entering is the right thing to do,” said Sikka.

He said the timing of the decision was not related to the visa review. The company started active talks with Indiana in late February, Deputy Chief Operating Officer Ravi Kumar told reporters in Indiana.

“More and more as we look at the future, we have to decrease the dependency on visas,” Sikka told CNBC earlier on Tuesday. “That is something we have been working on for the last two and a half years.”

The 10,000 new U.S. jobs will form a small part of Infosys’ overall workforce of over 200,000. Infosys did not give details on specific jobs it would bring to the United States, but said it would seek experienced tech professionals and recent graduates from universities and community colleges.

Key facts about the U.S. H-1B visa program

President Donald Trump has ordered a comprehensive review of the H-1B visa program, the primary way that companies in the United States hire high-skilled foreign workers. The multiagency review is expected to result in suggested changes to ensure that the most skilled and highest-paid applicants receive H-1B visas. Though the order may be the first step in an overhaul of the program, only a handful of changes have been made for now to the way H-1B visas are awarded.

Almost 1.8 million H-1B visas have been distributed in fiscal years 2001 through 2015, according to a Pew Research Center analysis of government data. The program, created by the Immigration Act of 1990, allows employers to hire foreigners to work on a temporary basis in jobs that require highly specialized knowledge and a bachelor’s degree or higher.

Visas are awarded to employers on a first-come, first-served basis, with applications accepted each year beginning in April. If the number of applications exceeds an annual cap set by Congress during the first five business days of April, visas are awarded through a lottery system.

Since 2005, H-1B visas have been capped at 65,000 a year, plus an additional 20,000 visas for foreigners with a graduate degree from a U.S. academic institution. Congress sets the annual cap, which has varied from a low of 65,000 (first set in fiscal 1990) to a high of 195,000 in 2002 and 2003.

Currently, employers submit applications and pay between $1,710 and $6,460 in fees for each visa, depending on the employer’s size – a portion of which funds the National Science Foundation and the retraining of American workers through the Department of Labor’s Employment and Training Administration.

Demand for H-1B workers has boomed in recent years. In each of the past five years, the H-1B visa cap has been reached within a week of the application period opening. The number of applications rose from 124,000 for fiscal 2014 to 236,000 in 2017, before dropping to 199,000 for fiscal 2018. By contrast, from 2000 to 2013 the visa cap was reached only twice – in 2008 and 2009.

Universities and colleges, nonprofits and government research institutions are exempted from the cap through the American Competitiveness in the 21st Century Act of 2000. These uncapped employers have accounted for about 10% of H-1B visa applications since fiscal 2010.

More than half of all H-1B visas have been awarded to Indian nationals. From fiscal years 2001 to 2015, workers from India received the largest share (50.5%) of all H-1B visas for first-time employment, while the second-largest share went to workers from China (9.7%). Other countries receiving a large share of visas during this time include Canada (3.8%), the Philippines (3.0%) and South Korea (2.8%).

More than half of all H-1B visa approvals in fiscal 2013 went to employers in four states. California (17.7%), New Jersey (14.0%), Texas (12.2%) and New York (7.2%) were the top states for H-1B visa approvals, according to the most recently available government data.

These states have metro areas that are home to large technology and finance hubs such as San Jose, Dallas, Houston and New York City. New Jersey had 9.4 visa approvals per 1,000 workers, the highest ratio in the nation. Maryland had the second-highest ratio, with 4.9 H-1B approvals per 1,000 workers.

About two-thirds (64%) of H-1B visa requests in fiscal 2011 were for occupations in the fields of science, technology, engineering and math (STEM), according to the most recently available government data. Nine-in-ten H-1B visa requests (90%) are for jobs that require some high-level STEM knowledge.

Most H-1B applications (75%) require high-level computer knowledge, and roughly half require significant engineering and math skills. High-level scientific knowledge is less commonly requested.

One-in-four H-1B visa requests in fiscal 2011 were for occupations commonly staffed by workers with an associate’s degree, despite a requirement that applicants work in jobs that require a bachelor’s degree or higher. By far the most common H-1B occupation that does not require a bachelor’s degree is “computer systems analyst,” with 94% of such jobs requiring less than a bachelor’s degree, according to the most recently available government data. Other jobs that often require less than a bachelor’s degree include operations managers and nurses. Fashion models received an education exception from Congress and are also eligible for H-1B visas.

Student visa’s 24-month OPT extension lawsuit dismissed

Encouraging foresing students who graduate with specialized degrees in the United States, the US administration had allowed them, especially STEM F-1 visa students to avail of the extended 24-month Optional Practical Training (OPT) period, apart from the regulation 12 months of the work-training they receive through the program: a lawsuit to revoke the extension has been dismissed in federal court.

OPT is a period during which undergraduate and graduate students with F-1 visa status, who have completed or have been pursuing their degrees for more than 9 months, are permitted by the United States Citizenship and Immigration Services (USCIS) to work for one year on a student visa towards getting practical training to complement their education.

Anti-immigration advocates have been targeting the OPT for several years, terming it as a job killer for American workers, a chance for American employers to avail of cheap labor and exploit foreign students.

Back in August 2015, a D.C. federal judge said the 2008 Department of Homeland Security rule that allows STEM graduates in F-1 status to obtain an additional 17 months of OPT time in the U.S. was deficient. The decision in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security was based on the fact that DHS did not go through the usual notice and comment period required for new regulations. The judge vacated the 2008 rule allowing the 17-month extension, HOWEVER, a stay was put in place until a new regulation could be put in place. That new regulation took effect on May 10, 2016 and allows a new STEM OPT extension of 24-months. The same group of tech workers that challenged the old STEM OPT rule filed a new lawsuit in June 2016 in federal court again challenging DHS policy allowing student visa holders to work after completion of their studies.

The new lawsuit brought by the Washington Alliance of Technology Workers argued that the Optional Practical Training (OPT) program denies labor protections to US tech workers, allows increased competition, allows unfair competition, provides foreign students the benefit of mentoring programs (i.e. the I-983 training plan) without requiring schools to give the same benefit to US workers, and violates procedural rights of US workers by failing to include the question of whether OPT should be expanded in the first place in the regulatory process. Washtech asked the court to issue a declaratory judgement (find in their favor without going through an entire trial) that DHS exceeded its authority by allowing F-1 students the ability to work, vacate the new regulations, and award attorneys fees to Washtech.

The DHS argued in favor of retention of the extended 24-month OPT, and asked the court to dismiss the lawsuit. Last month, a federal court in its ruling, granted only part of DHS’ motion to dismiss, but also denied part of the motion to dismiss. Now, in its final ruling on the case, the federal court has dismissed the lawsuit brought by the WATW, in favor of DHS.

The decision means F-1 visa students in STEM-related studies will continue to get a total of three years of OPT during and after the program they are enrolled in. It also improves the chances of F-1 visa students to gain a good foothold in a job they take up in the US, and to be sponsored by the employer for an H-1B visa.

Annually, 20,000 H-1B visas are reserved for F-1 visa higher degree graduates of US educational institutions. If there are more than 20,000 applications, they are pooled to compete for the general quota of 65,000 H-1B visas which are for all foreign workers.

This year, for the fiscal year 2018, a total of 199,000 H-1B visa applications were received for the 85,000 H-1B visas up for grabs. A lottery was conducted to determine eligible candidates.

The dismissal of the OPT extension case is also good news for H-4 visa holders who have an Employment Authorization Document (EAD), or are expecting an EAD soon. It’s likely that a lawsuit filed by Employment Authorization Document (EAD) for H-4 visa holders, by another anti-immigration group, Save Jobs USA, arguing that EAD for H-4 visa holders hurt American workers, will be dismissed. The decision on the OPT extension is also good news for US educational institutions who will heave a sigh of relief. It was a certainty that an adverse ruling would have impacted their foreign enrollment.

Trump orders review of H-1B Visas to encourage hiring Americans

In yet another indication of short-sightedness and lack of vision for the future of the nation, President Donald Trump ordered a review of the U.S. visa program for bringing high-skilled foreign workers into the country, putting technology firms and the outsourcing companies that serve them on notice that possible changes may be ahead. Trump announced the order and made remarks at a visit to the headquarters of Snap-On Inc , a tool maker in Wisconsin on April 18th.

“With this action, we are sending a powerful signal to the world: We’re going to defend our workers, protect our jobs and finally put America first,” Trump said. It was unclear whether the latest such order would yield immediate results. The H-1B visas section included no definite timeline. The government procurement section did.

The visas are intended to go to foreign nationals in occupations that generally require specialized knowledge, such as science, engineering or computer programming. The government uses a lottery to award 65,000 visas yearly and randomly distributes another 20,000 to graduate student workers.

More than 15 percent of Facebook Inc’s U.S. employees in 2016 used a temporary work visa, according to a Reuters analysis of U.S. Labor Department filings. Infosys, India’s No. 2 IT services firm, has said previously that it is ramping up work on on-site development centers in the United States to train local talent in an effort to address the visa regulation changes under consideration. It warned last week that onerous changes to U.S. visa rules could affect its earnings.

The order effectively raises the bar for foreign guest workers used by US and Indian companies to do work that American workers were thought to be unwilling or unable to do. Trump and his protectionist supporters say this is not true, and the original goal of the guest worker programme+ of bringing in highly-qualified foreign workers to do high-end jobs has been subverted by companies bringing in entry-level workers to replace US workers and depress wages.

In his first trip to the blue-collar country that voted for him in droves because of his pledge to protect US jobs, Trump went to a tool factory at Kenosha, Wisconsin, in the Chicago-Milwaukee industrial corridor (and Speaker Paul Ryan’s district), to show he intends to live up to his promise to staunch the loss of jobs. There he signed what was called a double-barrelled “Buy American, Hire American” executive order that will tighten guest worker visas such as H-1B+ , and require American agencies to buy more goods and services from US companies and workers.

Numerous studies have found that the impact of skilled workers and their contributions to technology, innovation, job-creation and enterpreneruship have been immensely beneficial to the US economy and the people of this great nation. However, for political reasons and to appease his hardcore support base, Trump has embarked on yet another ploy that will in the long run adversely affect the nation’s leadership role internationally and US will diminish to be the innovation nation.

“We hope the goal of President Trump’s executive order on the H-1B program is ‘mend it, don’t end it,'” said Robert Atkinson, president of the Information Technology and Innovation Foundation, a technology industry group.

Going to a more merit-based H-1B system could attract more people with advanced science and technology skills, Atkinson said in a statement. But he said some ideas could make the system ineffective, such as requiring advertisement of job openings for long periods to prove the unavailability of U.S. workers.

Seeking to carry out a campaign pledge to put “America First,” Trump signed an executive order on the H-1B visa program. It was vague on many fronts, and did not change existing rules, but one objective, said Trump aides, is to modify or replace the current lottery for H-1B visas with a merit-based system that would restrict the visas to highly skilled workers. Indian nationals are the largest group of H-1B recipients annually.

Such a change could affect companies, such as Tata Consultancy Services Ltd , Cognizant Tech Solutions Corp and Infosys Ltd , that connect U.S. technology companies with thousands of foreign engineers and programmers. None responded to requests for comment. NASSCOM, the Indian IT service industry’s main lobbying group, said it backs efforts to root out H-1B abuses, but said the idea that H-1B visa holders are cheap labor is inaccurate.

In addition to addressing the visas issue, he also ordered a review of government procurement rules favoring American companies to see if they are actually benefiting, especially the U.S. steel industry.

Trump was a businessman before he was elected president last year, and his companies have been criticized for using visa programs to fill positions at Trump properties with foreign workers. Trump-branded products are also made overseas. As he nears the 100-day benchmark of his presidency, Trump still has no major legislative achievements. With his attempts to overhaul healthcare and tax law stalled in Congress, Trump has leaned heavily on executive orders to change policy.

India, US reaffirm strategic partnership; shared perspectives in region

The United States and India reaffirmed a strategic partnership that involves not only a growing defense relationship but also shared perspectives of the region. Rounding off his first regional visit, US NSA, HR McMaster held talks with prime minister Narendra Modi, NSA, Ajit Doval and foreign secretary S. Jaishankar. According to the PMO, the two sides “exchanged views on how both countries can work together to effectively address the challenge of terrorism and to advance regional peace, security and stability.”

A statement by the US embassy said the US reaffirmed India’s status as “major defence partner”. “The two sides discussed a range of bilateral and regional issues, including their shared interest in increasing defense and counterterrorism cooperation. The visit was a part of regional consultations that included stops in Kabul and Islamabad.”

A new era of cooperation between the US and India was ushered in on July 18, 2005 in Washington DC when President George Bush and Prime Minister Manmohan Singh concluded a set of far reaching initiatives which will pave the way for a closer economic and strategic partnership between the two countries at Government and at industry levels.

The US and India share common values based on their democratic, multi–cultural, multi-ethnic and multi-religious societies, as well as a strong entrepreneurial spirit, all of which support the bilateral Strategic Partnership.

Both the US and India are committed to full exploitation of the mutual benefits of globalization, which is an irreversible process driven by technology and the development of human resources in an increasingly knowledge-based world. Through mutual harnessing of technology and human capital, the US and India can forge a unique partnership to achieve greater competitiveness and prosperity for the citizens of both nations.

In this context, the planned visit by PM to travel to Washington DC for his first summit with Donald Trump this summer, assumes importance. It is believed McMaster’s discussions included talks on the visit, though there was no official confirmation.

Official sources said the discussions with the Indian leadership covered situation in Afghanistan, West Asia and DPRK. McMaster has separately been quoted as saying that the North Korean issue was “coming to a head”.

On the issue of Afghanistan, Indian sources said there appeared to be a continuation of US policy, based primarily on counter-terrorism and supporting building up of the Afghan National Security Forces (ANSF). “We both want the same outcomes in Afghanistan. The difference is in our resources and approach,” said high level sources.

H1-B Visa: Computer programmer won’t qualify as specialty occupation

The US Citizenship and Immigration Services (USCIS) has ruled that being a simple computer programmer would no longer qualify as a specialist profession, which is a must for the issue of a H1B work visa, in a move that could have far-reaching implications for thousands of Indians applying for such a visa. The ruling reverses the US’ more than decades and a half old guidelines, that were issued in the context of addressing the new millennium needs.
As per USCIS, an entry level computer programmer position would not generally qualify as a position in a “specialty occupation”. Computer programming is no longer considered a specialty occupation for purposes of allocating an H-1B visa, the agency stated. The clarification on what constitutes a “specialty occupation” superseding and rescinding its previous guidelines of December 22,2000 was issued by the USCIS through a new policy memorandum on 31 March. The move could have far reaching implications on thousands of Indians applying for H1B work visas for the next fiscal beginning 1 October 2017, the process for which started on The USCIS new guidelines essentially makes it more rigorous for computer programmers to qualify for an H-1B visa. Applicants will have to provide additional documentation proving that they are qualified for a “specialty occupation.”
The new memo rescinds a 17-year-old directive issued by the Nebraska Service Center, which processes H-1B applications. The old memorandum stated that most programmers had a bachelor’s degree or higher, but did not specify that degree was related to computer science or information systems.
Furthermore, the old memo recognized that some computer programmers held only an associate or “two year” degree. USCIS noted that this is still the case and individuals with just a two year degree can get jobs as programmers.
“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 new 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. The new memo stated that applicants and employers must provide additional information to establish that a particular position is a specialty occupation as defined by current Department of Labor standards.
USCIS explicitly stated it was not creating new policy, but simply codifying existing policy. “The new policy is simply withdrawing the old guidance,” Tejas Shah, who leads Franczek Radelet’s immigration practice and co-chairs the South Asian Bar Association’s immigration panel, told India-West. He explained that USCIS was not necessarily following the old memo anyway, in determining eligibility for H-1B visas.
Renewals could be in jeopardy, he noted, stating that someone’s current position could be re-visited to ensure that credentials meet current standards. For lower level H-1B wage earners, it is difficult to establish that an assignment is complex enough to meet the qualifications for an H-1B visa, he said, adding that employers will also bear the brunt of having to provide a detailed description of job duties and what might be produced as a result of the H-1B worker’s labor.
“There’s a high degree of risk for consulting and outsourcing companies,” said Shah. “This just makes the whole process a bit more difficult.” The Trump administration’s rhetoric of H-1B workers taking American jobs is “overstated,” according to Shah. “H-1B workers are starting businesses and creating jobs for American workers. The U.S. economy could be heavily impacted if we took the program away,” he said.
The Indian IT industry body Nasscom has said the clarifying guidance by the USCIS on eligibility for computer programmers under the H-1B visa norms will have little impact on its members, as the clarification has been the adjudicatory practice for years.
“The March 31 USCIS memorandum reinforces an existing practice by adjudicators and clarifies requirements for certain computer professionals,” said the National Association of Software Services and Companies in a statement from Bengaluru.
Noting that several of its members have applied for visas for higher level professionals this year, the apex body said the evidence showed that the jobs were complex and required professional degrees. “Our member companies provide skilled talent and solutions to U.S. firms. The H-1B visa system exists specifically because of the persistent shortage of highly-skilled domestic IT talent in the U.S.,” the statement pointed out.
USCIS issued a second memo April 3 stating its intent to further police employers who have large numbers of H-1B workers. It has established a hotline and an e-mail for those who feel they are victims of the H-1B program, or workers who wish to report fraud.

The Trump administration’s move to make it tougher for entry-level computer programmers to use H-1Bs+ is an opportunity for India to send its more talented professionals on these visas to the US. Already, entry-level programmers have become a small part of the total number of applicants for H-1Bs.

Official US data shows that computer programmers certified as eligible for H-1B in 2014 and 2015 were only about 12% of the total number of certified applicants in those years. And within the computer programmers’ category, about 41% were for positions at the lowest wage level, according to news agency Bloomberg. The lowest wage level is defined as jobs requiring people to perform routine tasks that require them to exercise little judgement on their own.

H-4 Visa holders get 180-day reprieve from layoffs

It’s not an easy time to be an immigrant working on an H-1B visa in the U.S. It could be about to get a lot worse. The visa program used by several industries to bring skilled foreign workers — many of them Indian citizens — to the U.S. is facing potential curbs under President Trump. Their partners and children could be next in the line of fire.
Until 2015, H-4 visa holders – who often had skill levels comparable to their spouses – were not allowed to work. In 2015, U.S. Citizenship and Immigration Services announced that some H-4 visa holders, whose spouses were on track for permanent residency in the U.S., would be able to work. As per this initiative, spouses of H-1B visa holders waiting for green cards were eligible to work in the U.S. on H-4 dependent visas, thanks to a rule introduced by President Obama. Indian women are overwhelmingly the recipients of H-4 visas; about 180,000 of them are currently eligible to work.
However, under Trump administration, H-4 visa holders, who are concerned that their ability to continue to work could be rescinded by the Trump administration, got a 180-day reprieve from layoffs when the government filed for additional time to ponder its next move.
At issue is a 2016 lawsuit filed by the organization Save Jobs USA against the Department of Homeland Security, which contends that H-4 visa holders – the spouses of H-1B holders who are on track for legal permanent residency – take jobs from U.S. workers. An earlier lawsuit was dismissed by U.S. District Judge Tanya S. Chutkan in Washington, D.C., who found that giving work authorization to certain H-4 visa holders did not unfairly impact the American work force.
Chicago, Ill., attorney Tejas Shah, who leads Franczek Radelet’s immigration practice and co-chairs the South Asian Bar Association’s immigration panel, told India-West that – in his law practice – he has seen a lot of concern about the overturning of the H-4 rule. He noted a leaked executive order issued by the White House which sought to eliminate the program.
“There is definitely a school of thought in the Trump administration that the program is unnecessary. Will that express itself in policy?” he queried. Shah notes that he has seen H-4 holders attempt to switch their visas to H-1Bs, which is difficult as it requires the sponsorship of a U.S. employer, and luck in the lottery system which allocates the coveted visas.
DHS was initially granted a 60-day abeyance in the case; the government filed a motion April 3 to extend the abeyance “to allow incoming leadership personnel adequate time to consider the issues.” DHS said it had concluded – during the first abeyance – “that it is appropriate to actively reconsider whether to revise the H-4 rule through notice-and-comment rulemaking.”

With restrictions on immigrants, Indian applicants at U.S. varsities drops

The universities in the U.S. have registered a decline in applications from Indian students following rising hate crimes and concerns over potential changes in visa policies by the Trump administration, according to a survey.

The new survey reveals that four in 10 U.S. colleges have experienced a decline in international applicants for the Fall 2017 term. The survey of around 250 colleges and universities—which will be released in its entirety later this month—was conducted in February by six higher-education groups, including the Institute of International Education.* More than three-quarters of institutions surveyed expressed concern about future enrollment.

According to a news release, the survey was initiated in response to fears “that the political discourse surrounding foreign nationals in the U.S. … could be damaging to international student-recruitment efforts.” Indeed, the most significant decline in applicants came from the Middle East, with universities reporting a 39 percent decrease in Middle Eastern undergraduate applications and a 31 percent decrease in graduate applications from the region. The survey was carried out by a coalition of six higher education associations in the U.S. and involved over 250 U.S. colleges and universities.

According to the initial findings of the survey, there was a 26 percent decline in undergraduate applications and 15 percent drop in graduate application from India for the new academic session beginning this autumn.

A complete and final version of “Open Doors 2016” was released March 30. Open Doors is a comprehensive information resource on international students and scholars studying or teaching at higher education institutions in the U.S., and U.S. students studying abroad for academic credit at their home colleges or universities.

The survey also said India and China currently make up 47 percent of U.S. international student enrollment, with almost half a million Indian and Chinese students studying in the U.S.

From China, there was a 25 percent drop in undergraduate applications and 32 percent drop in graduate applications. There was also a great deal of concern from students and families all over the globe, with the highest number of concerns emanating from the Middle East (79 percent), Asia (36 percent) and Latin America (34 percent).

The most frequently noted concerns of international students and their families, as reported by institution-based professionals, included perceptions of a rise in student visa denials at U.S. embassies and consulates in China, India and Nepal. The idea that the U.S. was now less welcoming to individuals from other countries. There were concerns that benefits and restrictions around visas could change, especially around the ability to travel, re-entry after travel, and employment opportunities, said the report.

Many people feared that President Trump’s travel ban order might widen to include additional countries. The survey was conducted by American Association of Collegiate Registrars and Admissions Officers, the National Association for College Admission Counselling, International Association for College Admission Counselling, the Institute of International Education, Association of International Educators, and the College Board.

Air India to launch exclusive nonstop service from Washington to Delhi in July

Air India announced that it is increasing its services to India from the U.S. to 33 flights per week with the launch of the only nonstop service out of Washington Dulles International Airport (IAD) to Delhi (DEL), starting July 7, 2017.

The Boeing 777-200LR flights will depart Washington three times a week, on Wednesday, Friday and Sunday, with a flying time of just 14 hours – more than two hours faster than its nearest competitor. Flight No. AI-104 will depart Washington at 11:00 AM and arrive in Delhi at 10:30 AM the next morning. The westbound flight AI-103 will depart Delhi at 1:15 AM on Wednesday, Friday and Sunday and arrive in Washington at 7:15 AM the same day.

Washington Dulles is Air India’s fifth U.S. destination, which also includes Chicago O’Hare, New York JFK, Newark Liberty, and San Francisco International Airports. For passengers traveling beyond Delhi, Air India also offers convenient connections to major cities across India, including Bengaluru, Mumbai, Amritsar, Hyderabad, Chennai, Kochi and more. Like Air India’s other nonstop flights, the Washington-Delhi flights will feature First, Business, and Economy Class service, all offering a choice of Continental or Indian cuisine.

“Air India is committed to making service faster and more convenient for our customers, whether traveling for business or leisure,” said Ms. Vandana Sharma, Air India’s Regional Manager-Americas. “Our expanding service also addresses the growing demand of customers living and working in Indo-American communities throughout the U.S. that are looking for fast, direct service with seamless connections to cities across India, and the added convenience of customs and immigration formalities at the final destination. We are proud and privileged to fill that need.”

Air India, India’s national airline, has been in operation since 1932. Today, the airline serves 35 international destinations on four continents, and 66 cities across India. The airline’s fleet of 118 aircraft, including B787 Dreamliners and B777LR’s and ER’s, is one of the world’s youngest. Air India is also a member of the Star Alliance. For more information about the airline, visit www.airindia.in or call1-800-223-7776.

2 NRI doctors ordered to leave US within 24 hours for Advance Parole mix-up

On Wednesday, March 29th, neurologist and founder of the Pain and Headache Centers of Texas, Dr. Pankaj Satija, 40, and his wife, Dr. Monika Ummat, also a neurologist, specializing in epilepsy at Texas Children’s Hospital, were told by Customs and Border Police officials they had 24 hours to sort out their affairs, before being removed to India, along with their two US-born children, Ralph, 7, and Zooey, 4.

Dr. Pankaj Satija and his wife, both immigrants from India living and working legally in Houston, were abruptly told by immigration officials they had 24 hours to leave the United States, Houston Chronicle reported. A new policy, they were told, no longer allowed them to extend their temporary permission to stay while they waited for permanent authorization.

The two doctors, who have been here legally for more than a decade and are highly specialized in their fields, were first astounded, then hysterical. Satija had 90 patients scheduled before the end of the week. “I was breaking down every two hours,” said the 40-year-old neurologist who helped found the Pain and Headache Centers of Texas and performs about 200 operations a month.

The couple have never even been issued a parking ticket and pay their taxes quarterly, rather than once a year. Satija’s wife, Dr. Monika Ummat, is also a neurologist specializing in epilepsy at Texas Children’s Hospital. They have two young U.S.-born children.

Satija and his wife renewed their temporary work authorizations and their travel documents every two years as required. They bought a house in West University Place and had two children, Ralph, who is 7, and 4-year-old Zooey.

The problem surfaced last year after new but little-known regulations resulted in their travel documents being issued only for one year, unlike their employment authorization which is valid for two years.

Further confusing the issue was that Customs and Border Protection officials stamped their travel document saying that it expired in June this year, when in fact fine print by another agency, U.S. Citizenship and Immigration Services, noted that their document actually lapsed in June 2016.

But in the latest example of the government taking an unusually harsh stand on immigration and declining to consider cases on an individual basis, Customs and Border Protection officials told them late Wednesday that they were revoking their permits, giving them just a day to pack their bags, collect their children, and return to India where they haven’t lived in 15 years.

On Thursday, desperate, they called their legislators. They took to the media along with their attorneys to plead their case, wearing the blue surgical scrubs in which they had hoped to go to work. And they reported, as ordered, ready to leave the country, to customs officials at Bush Intercontinental Airport, where they were told the agency had suddenly reversed course.

“Somebody at a higher level has made that decision,” they were told by an agent. “I understand that you are physicians and a lot of lives are at stake.” The agency offered the couple three months of humanitarian parole, a rare measure allowing immigrants who are otherwise not permitted to enter the United States the opportunity to do so because of a “compelling emergency,” enabling them to sort out their paperwork.

The Chronicle reported that it was an unusual act of grace from an administration that has so far seemed intent on removing as many immigrants as it can, making few exceptions, even for those, like the Satijas, with good reasons to stay. The Department of Homeland Security and Customs and Border Protection did not respond to questions Thursday. Arwen Consaul, a spokeswoman for U.S. Citizenship and Immigration Services, said in an email that privacy rules meant the agencies could not comment on specific cases.

The couple had traveled to India last October after Dr. Satija’s father fell sick. Upon return, the Customs and Border Protection officials stamped their travel document saying that it expired in June of 2017. In fact, the USCIS noted that their document actually lapsed in June 2016. That set off the couple’s nightmare. Although, they were allowed back in the US through a program known as Deferred Inspection, they had to regularly report to CBP every month till they received new Advance Parole documents.

On March 29, they were told their Advance Parole documents were approved, and in the mail. But Customs and Border Protection officials told them that the agency now had a new policy and they were no longer able to extend their deferred inspection. They had to report to the airport the next day, would be deported to India.

But Satija’s lawyer, Amber Gracia with Quan Law Group, said the happy ending nevertheless reflects how harsh the administration’s policies have become. “The doctors are extremely lucky to have had the resources that they had,” she said from inside the lobby of the CBP offices at the airport shortly after they received the news. “But most people don’t have those resources. This shows that things are only going to get more difficult.”

The couple’s nightmare began with confusion over two conflicting dates on their paperwork. They have been here legally since 2002 after coming to do research and complete medical residencies and fellowships at such prestigious universities as Duke and Baylor College of Medicine.

Around 2008, the Houston Methodist Hospital System sponsored Satija for permanent residency, known as a green card. But because of rules limiting how many immigrants can actually receive permanent residency each year and a tremendous backlog in the overwhelmed system, the doctors were provided a provisional status until their green cards become available. The category for India is currently so behind that only immigrants who applied for the labor certification before June 2008 are receiving their green cards.

FIA Chicago welcomes new Consul General

The Federation of Indian Associations – Chicago [FIA] organized a welcome reception in honor of the newly appointed Consul General of India in Chicago, Neeta Bhushan March 15 at the Maharaja Restaurant in Rosemont, Ill. The event, attended by hundreds of members from the region, was an opportunity to reaffirm FIA’s support, goodwill and co-operation with the office of the Consulate General of India.

In her address, Bhushan thanked FIA for according her a warm welcome and expressed admiration for the work the associaiton has done over the years. Bhushan said it is her goal to bring the community together to work towards the shared goals as she said our relationships are bound by ‘khoon ka rishta’ as articulated by Prime Minister Modi and not by the color of our passports. Bhushan expressed delight in her posting to Chicago and said that she would keep the doors of her office open for an ongoing dialogue with the community and would look forward to learning from the community’s rich experience.

FIA President Kanti N. Patel in his welcome remarks pledged his support to the consul general and expressed that the 56 organizations of FIA stand with her in lending support as she carries out her responsibilities in the Midwest. Patel said this year FIA would organize a visa camp and a health fair and other events in addition to India Independence Day festivities.

Niranjan Shah introduced Bhushan saying that she comes from a family of high ranking civil service officials. Smita Shah, chair of the Chicago-Delhi Committee to the Sister Cities International, congratulated the consul general and expressed her active support in conjunction with her office. Smita Shah who served as chair for several India Independence Day parades in the past, also presented a special memento to Bhushan.

FIA Trustee Iftekhar Shareef, in his remarks ,assured the consul general that FIA stands determined to work actively with her as she undertakes the responsibility representing India in nine states, Shareef said he looks forward to conducting close-knit planning meetings with the consul general to help her in her endeavor to host major events.

Earlier, Keerthi Kumar Ravoori presented a historical overview of FIA and its contribution to the Indian-American community; while Kanti S. Patel, trustee, outlined the events hosted by FIA.

Bhailal Patel, trustee, introduced FIA President Babu Patel who later introduced Niranajan Shah. Dr. Sanhita Agnihotri, executive vice president, was presented a shawl along with a flower bouquet by Jyoti Patel andUsha Patel. Chirayu Parikh conducted the evening’s proceedings.

In closing remarks, FIA Trustee Satish Gabhawala, described FIA as theonly organization that has its pride of hoisting the Indian flag every Independence Day occasion and looks forward to continuing with that tradition this year. Gabhawala assured the audience that FIA will continue to be a bridge between communities of all faiths and cultural ethnicities.

Applications for U.S. visa lottery more than doubled since 2007

A U.S. visa program that faces elimination under several bills being considered by Congress has attracted more than 156 million applicants from around the world over the past decade, even though only a small fraction of those applicants end up receiving visas through it.

During the application period for fiscal year 2017, about 19 million people applied for the U.S. diversity visa program, otherwise known as the visa lottery. That’s more than twice as many as the 9 million who applied a decade ago, according to a Pew Research Center analysis of U.S. State Department data. During the same period, the number of visas issued to the principal applicants, spouses and children via the lottery has remained stable at about 50,000 per year (due to an annual ceiling set by Congress), or a little more than 500,000 since 2007.

In operation since 1995, the visa lottery seeks to diversify the U.S. immigrant population by granting visas to underrepresented nations. Citizens of countries with the most legal immigrant arrivals in recent years – such as Mexico, Canada, China and India – are not eligible to apply. Legal immigrants entering the U.S. on a diversity visa account for about 5% of the roughly 1 million people who are awarded green cards each year.

Those eligible for the lottery face few barriers when applying. There is no fee to apply; applications are available in many languages and only limited biographical information must be submitted. If selected for a diversity visa, however, individuals must provide detailed background information and submit to visa interviews, security checks and health screenings and pay $330. Upon entry into the U.S., diversity visa recipients are given lawful permanent residence status, which gives them permission to work and live permanently in the U.S.

The U.S. visa lottery program is unique in the world. (New Zealand has a similar program, but it is smaller in scale and only open to neighboring countries in Oceania.) Immigration programs in many other countries prioritize skills, family relationships or humanitarian need.

Open to eligible people from around the globe, the U.S. visa lottery provides a window of opportunity to countries where the idea of “the American dream” holds the most appeal. In fiscal 2015 (the most recent year for detailed data on application countries), about 12% of the 14.4 million people who applied for the visa lottery were citizens of Ghana (1.7 million). An additional 10%, or nearly 1.4 million applicants, were from Uzbekistan. Other top application countries included Ukraine (nearly 1.3 million applicants), Iran (more than 900,000) and Nepal (nearly 900,000). Numbers include principal applicants, their spouses and their children.

In some countries, a marked share of the population has applied for the program. In the Republic of Congo, for example, 10% of the country’s citizens applied for the program in fiscal 2015. Other African countries with high shares of applicants included Liberia (8%), Sierra Leone (8%) and Ghana (7%). European countries such as Albania (7%), Moldova (5%) and Ukraine (3%) also saw substantial shares of their populations submitting applications. In Asia, Uzbekistan (5%) and Nepal (3%) also had vast shares of their populations apply.

Since the program’s start in 1995, the U.S. has awarded about 20,000 visas annually to African citizens and another 20,000 to European citizens. Roughly 8,000 citizens of Asian countries, including islands in Oceania, have received diversity visas each year. Nearly 2,000 are given annually to those from the Americas. (Since 1999, the U.S. has awarded up to an additional 5,000 visas each year to citizens of Nicaragua, Cuba, El Salvador and Guatemala under the Nicaraguan Adjustment and Central America Relief Act.)

The origins of those eligible to apply for the lottery have changed over time. When at least 50,000 citizens of a country have immigrated to the U.S. over the previous five years, the citizens of that country becomes ineligible for the visa lottery. For example, due to an increase in immigration to the U.S., citizens of Bangladesh became ineligible to apply to the program beginning in 2013 (which could explain the drop in total applicants in 2013), while Nigerians became ineligible in 2015. Russians became eligible to enter the lottery in 2010 and Poles could begin applying in 2014 because immigration to the U.S. from these countries had declined.

Correction: A previous version of the map graphic gave an incorrect number for Russia. About 265,000 Russians applied for diversity visas in the application period for fiscal 2015 (map rounds to nearest 10,000).

Richard Verma joins Georgetown University’s School of Foreign Service

Richard Verma, the former U.S. Ambassador to India, was appointed as the School of Foreign Service Centennial Fellow at Georgetown University, in an announcement released March 27. Georgetown University’s Walsh School of Foreign Service has announced the appointment of Ambassador Richard Verma as SFS Centennial Fellow.

Ambassador Verma served as the 25th United States Ambassador to India, nominated by President Obama in September 2014 and confirmed by the U.S. Senate in December 2014. During his two-year tenure, U.S.-India relations experienced a significant resurgence, with important gains made in defense, trade and clean energy. The Ambassador managed an unprecedented 9 meetings and 3 summits between President Obama and Prime Minister Modi, leading to over 100 new initiatives and more than 40 government to government dialogues.

“The Walsh School of Foreign Service is truly excited to have Rich Verma join us as a Centennial Fellow,” Senior Associate Dean Anthony Clark Arend said. “Ambassador Verma has a wealth of experience in both the public and private sectors. He will bring to the School a unique perspective that will help all of us re-imagine our mission in a new and changing world.”

The Centennial Fellows program at the School of Foreign Service brings distinguished practitioners and scholars to be resources for students, faculty, staff and alumni, as well as the broader public.

Ambassador Verma will help support Georgetown’s India Initiative, a signature program to advance research and teaching around India, world affairs and the United States. With his 25 years of experience in the national security field, he will also be an important resource for students interested in Asia, security studies, and the US Congress and its role in foreign policy decision-making.

Ambassador Verma previously served as the Assistant Secretary of State for Legislative Affairs, where he led the State Department’s efforts on Capitol Hill. He worked in the Senate for many years, serving as Senior National Security Advisor to the Senate Majority Leader and he also worked in the House of Representatives. He is veteran of the U.S. Air Force, where he served on active duty as a Judge Advocate. His military decorations include the Meritorious Service Medal and Air Force Commendation Medal.

The Ambassador also has a distinguished career in the private sector, serving as partner at the global law firm of Steptoe & Johnson LLP, and as Senior Counselor to the Albright Stonebridge Group. He served as a commissioner on the Prevention of Weapons of Mass Destruction and Terrorism Commission and is a co-author of their landmark report, “World at Risk.” He was also a National Security Fellow at the Center for American Progress, a DC-based think tank.

Ambassador Verma received his Masters of Law from the Georgetown University Law Center, his Juris Doctor from American University’s Washington College of Law, and his bachelor’s degree from Lehigh University. He is the recipient of the State Department’s Distinguished Service Award, the Council on Foreign Relations International Affairs Fellowship, and was ranked by India Abroad as one of the 50 most influential Indian Americans.

“I’m really honored to be a part of the School of Foreign Service and the Centennial Fellows program,” Ambassador Verma said. “Georgetown has always been at the forefront of international relations scholarship, and I look forward to engaging with students, faculty and staff as we compare notes about developments in Asia, and in particular recent trends in India.”

Bhairavi Desai leads taxi workers to protest

Taxis For All Campaign & the New York Taxi Workers Alliance held a press conference to highlight how deregulating taxi services will destroy NYC jobs and preempt wheelchair accessibility programs by flooding NYC streets with unregulated for-hire vehicles

The New York Taxi Workers Alliance, which has a significant number of Indian and South Asian-origin cabbies, has issued a statement supporting taxi drivers on strike against Uber’s poverty pay in Qatar and India. The NYTWA is led by Indian-American activist Bhairavi Desai.

In a message issued here, Desai said, “Rights groups are concerned that the proposed Uber legislation discriminates against people with disabilities by not mandating wheelchair-accessibility standards, hurts consumers, erodes labor rights, and will destroy full-time work for professional drivers. Although the bill does not include NYC, it includes all of its surrounding cities and counties, meaning that NYC streets will be flooded with unregulated for-hire vehicles with no wheelchair accessibility mandates, hurting both passengers and professional drivers.”

In New Delhi, thousands of Uber drivers are on strike over issues of rate cuts and what they consider Uber’s global monopoly tactic of flooding streets with vehicles making it harder for each driver to make a living.

“Our brothers in India mobilized after a fellow Uber driver committed suicide from the persistent poverty and pressure to make lease payment,” the statement from NYTWA said, adding that Uber’s only response has been to file an injunction against the drivers’ organizations for striking.

“While multi-nationals often explain away deplorable treatment by pointing out lack of labor law in countries like Qatar, the reality is, Uber does not respect labor law anywhere, whether in Doha, New Delhi or New York,” the statement said.

The NYTWA said its 19,000-members stand in solidarity with the 700 Uber drivers in Qatar who are on their fifth day of strike. “We salute your courage, your determination, your loyalty to each other, and your passion for a world that is just to workers. We understand your strike is over Uber’s low wages and that this poverty for you brings the dire risks of deportation, as you risk losing your work visas when you cannot keep up with your car leases due to low pay.”

According to the NYTWA, the Uber drivers on strike in Doha, Qatar reached out to to them for solidarity after they saw the strength of their strike against the Muslim Ban and the #DeleteUber campaign.

Founded in 1998, NYTWA is the 19,000-member strong union of NYC taxicab drivers, representing yellow cab drivers, green car, and black car drivers, including drivers for Uber and Lyft.  We fight for justice, rights, respect and dignity for the over 50,000 licensed men and women who often labor 12 hour shifts with little pay and few protections in the city’s mobile sweatshop.  Our members come from every community, garage, and neighborhood. To find out more visit NYTWA.org, follow us on Twitter.com/NYTWA, or like us on facebook.com/nytwa.

Indian American leads Harvard’s efforts to outsource Endowment, Staff to be cut by half

 

Indian American Nirmal Narvekar, the new head of Harvard University’s endowment, is elading efforts to make changes to the fund by outsourcing most of its assets and lay off about half the staff, media reports say. Narvekar, who started his new role of endowment head in December, intends to slash half of the Harvard Management Co.’s 230-person staff and shift most of its money to outside managers.

The new chief executive of Harvard Management Co, which manages the university’s endowment, announced the plans in a letter, said the investment arm will shut down its internal hedge funds and let traders go by the middle of 2017, essentially abandoning a so-called hybrid model that was unique among big endowments.

The internal team that oversees real-estate investments will spin out into an independent group that is expected to keep managing money for Harvard. HMC will lay off roughly half of its 230-person staff, by the end of the year.

“The investment landscape has evolved significantly, requiring us to adapt two aspects of HMC’s organizational and investment models in order to maximize performance over the long term,” Narvekar wrote in the letter.

For decades, Harvard’s investment performance was the envy of the financial world, but it has lagged rivals for some years now and posted its worst performance since the financial crisis in fiscal 2016 when the portfolio lost 2 percent.

Harvard has long operated differently from most other schools, including fellow Ivy Leaguer Yale, managing some of its money internally and farming out only a portion to external managers.

Harvard first hinted at upcoming changes in June as performance continued to lag. While Narvekar is preparing to lay off dozens of employees, he is also hiring a team of four investors who he said will be instrumental in moving Harvard away from its specialized asset class investing approach to a more generalist model.

The four are Rick Slocum, who will join in March as chief investment officer, and Vir Dholabhai, Adam Goldstein and Charlie Saravia, who will be managing directors. Goldstein and Saravia worked with Narvekar previously when he ran Columbia University’s $9.6 billion endowment.

Narvekar, tasked to turn around the $35.7 billion fund, has proven that outsourcing could work, as he did with a 20-person staff at Columbia recently, outperforming Harvard in the process, a Bloomberg report said. “We can no longer justify the organizational complexity and resources necessary to support the investing activities of these portfolios,” Narvekar, 54, wrote Jan. 25 in a letter to Harvard. “Therefore, we have made some important but very difficult decisions.”

Harvard’s recent returns have trailed rivals in recent years. The endowment’s annualized gains of 5.7 percent over the 10 years ended June 30, 2016, are second-lowest among Ivy League schools and below the 8.1 percent returns of Yale University and Narvekar’s former employer Columbia, the WSJ reported. The endowment’s budget provides more than a third of the university’s operating budget and contributes to the costs of student financial aid, research and professor salaries.

Air India to launch nonstop service between Washington and Delhi in July

In a welcome development enhancing connectivity, Air India, India’s premier carrier has announced that it will operate direct flights thrice a week from Washington to Delhi, beginning this summer in July this year.

With this new plan, India’s state-owned national carrier will be the only airline offering nonstop service, on its Boeing 777 aircraft, linking the capitals of the world’s largest and oldest democracy.  And quite expeditiously given the distance — duration of the flight is about 14 hours.

As per reports, the national capital region is all set to become Air India’s fifth US destination, following New York, Newark, Chicago and San Francisco. Addressing an event to announce the new route, Virginia Governor Terry McAuliffe noted that Air India’s ‘capital connection’ will benefit the Washington metropolitan region (District of Columbia, Maryland and Virginia) by bringing an estimated 30,000 people from India, generating about 30 million dollars in revenue, fostering educational opportunities, and reuniting families.

In 2015, the capital area received 122,000 visitors from India, a 25 percent increase from the previous year, making India the fourth largest overseas market. By 2020, arrivals from India are estimated to increase by 7 percent and by 2025, they are projected to double.

“We committed 1.25 million dollars to this project for Air India because we understand that tourism is such an important revenue generator”, McAuliffe said. “Tourists who will now come here from India will help strengthen our communities, make us stronger”.

The event was held at the Washington Dulles International Airport which is situated in Fairfax and Loudoun counties, Virginia, approximately 26 miles west of downtown Washington, and serves the entire national capital area and beyond. A few days before, McAuliffe had come to the airport to support those protesting President Trump’s executive order which bans travel for people from seven predominantly Muslim countries: Iran, Iraq, Syria, Sudan, Somalia, Libya and Yemen.

Heralding Air India’s new service, McAuliffe said, “Today, is an exciting time for us. Instead of putting walls up around our country, we are taking barriers down and building a bridge which is 7,480 miles, opening up new opportunities to link the Commonwealth of Virginia to the great country of India”. The Democratic Governor underscored, “We are open and welcoming to everyone.  We do not discriminate here in the Commonwealth of Virginia”, he said, to applause.

Pankaj Srivastava, Director of Commercial at Air India Limited, focused on the expansion of the airline on the global circuit mentioning that in the last three years it has added eleven international destinations, and Washington will be the twelfth. “The turnaround has been tremendous”, he said, predicting that with the addition of the new route, it will be even faster. “We would be part of the success story of Virginia”, he affirmed.

Jack Potter, President and CEO of the Metropolitan Washington Airports Authority (MWAA), enthused, “We are very excited about this announcement. We serve thirty capitals around the world and we are looking forward this summer to adding another one”, he said. Cognizant of the reciprocity, Potter mentioned that people in India are “super excited” about the opportunity to travel to the Washington metropolitan area.

To Srivastava and the Air India representatives on hand at the event, he said, “We are honored that you chose to come to Dulles. We know you are going to grow here because this population is looking forward to the direct service to India and the many connections you will offer once you get to Dulles”.

It is noteworthy that when Governor McAuliffe led a large trade and marketing mission to India in November 2015, he was accompanied by Todd Haymore, Virginia Secretary of Commerce and Trade, and they both underscored the importance of Delhi to the Washington capital area. It was there that they met with executives of Air India who agreed on a new route to Dulles Airport.

Haymore spoke about economic development in Virginia and the role of tourism which is the state’s second largest private sector industry. Noting that tourism generates about 23 billion dollars in annual revenue, 1.6 billion dollars in taxes, and accounts for 223,000 jobs across the Commonwealth, he believed Air India’s capital connection “is going to enhance those numbers even further”.

President Trump’s travel ban is seen as having a detrimental impact on tourism and Governor McAuliffe didn’t mince any words when it came to denouncing the executive order on immigration. “It’s unconstitutional. He needs to rescind his order”, he said, emphatically. “It violates our First and Fifth Amendments, the establishment clause, due process clause, and equal protection clause”. Virginia has joined a federal lawsuit against the president and members of his administration for the “unlawful order”.

Noting that “India is a country with over a billion people which will have the largest Muslim population in the world by 2050″, the Governor said, “We don’t want to send any message to anybody” which is contrary to the values of being open and welcoming.

“We are a beacon of democracy for the globe”, he emphasized. “This is the land of immigrants unless you are native American. You came from somewhere”.

Referring to the early immigrants who came on ships to Jamestown, Virginia, in 1607, he said, “They were not turned back from the water’s edge. They were welcomed in what is now the United States of America. We are going to foster that as we go forward”, he pledged.

The High-Skilled Integrity and Fairness Act of 2017 doubles salaries for H1-B visa holders

Indian IT firms’ stocks stumble amidst H-1B Visa concerns

The High-Skilled Integrity and Fairness Act of 2017 introduced last week in the House of Representatives by Rep. Zoe Lofgren, a Democrat from California’s Silicon Valley area, aims to end what it calls the “abuse” of the work visa program, which it says has “has allowed replacement of American workers by outsourcing companies with cheaper H-1B workers.”

If enacted the legislation would raise the minimum salary for those applying for H1-B visas to $130,000 from the current $60,000.

“My legislation refocuses the H-1B program to its original intent — to seek out and find the best and brightest from around the world, and to supplement the U.S. workforce with talented, highly paid, and highly skilled workers who help create jobs here in America, not replace them,” Lofgren said on her website.

The H1-B program allows high-tech companies to hire foreigners with technical skills in the U.S. for three to six years. The proposed bill comes as the tech industry is already reeling from an executive order on immigration from President Donald Trump that bars nationals of seven Muslim-majority countries from entering the U.S.

The shares of top Indian IT companies sank upto 4% in a single day  in response to news of proposed U.S. legislation that would require salaries for H-1B visa holders to be doubled. The new legislation intends to make it harder for companies to replace American workers with those from countries like India.

Shared of the major IT companies, like Infosys, Wipro and Tata Consultancy Services, had fallen drastically on the Bombay Stock Exchange. The IT sub-index on the exchange, which comprises all the tech firms trading on the stock exchange, shed more than 3 percent on January 31st, reports stated.

The stock of Tata Consultancy Services (TCS) fell by 4.47%, the biggest single-day loss on Tuesday in last two months. HCL Technologies’ shares too registered their biggest single-day loss since April 2016 by dropping 3.67% on January 31. The stock price of other IT firms like Infosys, RS Software India, Mindtree, Wipro fell between 1.6% and 3.3%.

The U.S tech industry relies on foreign engineers and other technical experts for a sizeable percentage of its workforce.

While the tech industry insists the H1-B program is crucial, critics say it puts American programmers and engineers at a disadvantage. Trump’s nominee for attorney general, Sen. Jeff Sessions, has long opposed the program.

Trump’s war on immigrants

As per estimates by South Asian Americans Leading Together, currently, more than 450,000 people of Indian origin living in the U.S. are stated to be undocumented.. In an executive order, President Donald Trump stated, he will withhold federal funding from “sanctuary cities,” which provide protection from deportation to the nation’s 11 million undocumented residents, and reauthorized the “Secure Communities” program.

“Sanctuary jurisdictions across the United States willfully violate federal law in an attempt to shield aliens from removal from the United States,” stated Trump in the executive order. “These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our Republic,” he said.

The freshman Senator from California, Kamala Harris, a Democrat, said in a press statement: “Because of these executive orders, our nation is now less safe: immigrants will report fewer crimes, more families will live in fear, and our communities and local economies will suffer.”

“California has an outsized stake in this fight. No state has more immigrants than we do – both documented and undocumented. I intend to continue fighting back aggressively and speaking up for the vulnerable communities that are being attacked by this administration,” she said.

The new law has been criticized for racial profiling, as law enforcement officials can pick up anyone they suspect of being undocumented. In a joint press release issued Jan. 26 by the National Asian Pacific American Bar Association and SABA, the organizations noted that Trump’s “xenophobic executive orders” target people of color and encourage racial and religious profiling of Muslims and Sikhs, among others.

“Today’s executive orders push the nation further away from core American values of equality and freedom, sow fear in communities of color that already face increasing violence, hostility and attacks, and make us and the country less safe — all under the guise of national security,” stated Suman Raghunathan, executive director of SAALT, in a press statement.

The Secure Communities program mandates local law enforcement to act as immigration agents. Under the aegis of the program, police have the authorization to ask for proof of residency from anyone they interact with. That information is then turned over to Immigration and Customs Enforcement to determine whether the person has committed a deportable offense.

Sanctuary cities are those that have stated they will not participate in the Secure Communities program, and provide protection from deportation to undocumented residents within their jurisdiction. Trump has pledged to strip federal dollars from sanctuary cities.

As per analysts, legal permanent residents can also be deported if they have committed an aggravated felony, or a crime of moral turpitude, which is vaguely defined. Laws vary from state to state, but in New York, for example, evading a subway fare would potentially make a legal resident deportable. In other states, a traffic violation could lead to the deportation of a legal resident.

Asian Americans Advancing Justice’s Los Angeles chapter held a press conference Jan. 26, decrying the president’s action. “We are deeply troubled by the direction of our country and this administration’s apparent desire to appease his anti-immigrant and white supremacist supporters,” said the organization in a press statement.

Lakshmi Sridaran, director of National Policy and Advocacy at SAALT, is reported to have stated: “For the first time, we are seeing an impact throughout the entire spectrum of our immigration system,” she said. “Everyone is under suspicion,” stated Sridharan. “It is a recipe for disaster,” she said, reinforcing the fact that law enforcement can ask for proof of residency from legal and undocumented residents.

“Essentially, the police officer in a local community cannot just walk up to you and ask for your papers, but they can arrest you for something and then send your biometric data to DHS or ICE, who will then run your information through a database to determine if you are here legally,” she clarified.

Aravinda Pillalamarri, 47, an Indian-American woman was stopped, quizzed about immigration status in the United States. Aravinda Pillalamarri, along with her husband had been the inspiration behind Shahrukh Khan’s film Swades, was stopped and asked by police if she was in the US “illegally”, an incident which comes amid rising fears over President Donald Trump’s immigration policies.

She was walking in her Bel Air neighborhood in Maryland on the morning of December 21, a routine with her, when she said she was stopped by a Bel Air Police Department officer, The Baltimore Sun reported. Pillalamarri, who was born in India but moved with her parents to the US when she was young, was asked by the police officer about what she was doing and she replied that she was walking.

The officer continued to ask several questions. When she asked why the officer was asking her so many questions, he replied because someone had called police. “Walking while brown?” Pillalamarri then asked the officer.

The report said a police supervisor arrived at the scene and began to question Pillalamarri more aggressively. The supervisor told her she wasn’t free to leave because she “was under criminal investigation”.

She was asked why she didn’t have an identification with her. “Why don’t you have ID?” she said the supervisor asked her. “Are you here illegally?” Once the officers had run her name through their computer system, Pillalamarri said, she was allowed to leave and walked to her home, just a few doors away. Pillalamarri has lived in Bel Air for more than 30 years and is a US citizen. Her parents came to America from India when she was a baby. She went to Bel Air High School.

“Only when the supervisor asked ‘are you here illegally’ did my sense of colour, and of being unequal, come forth and my interest in my civil rights took a back seat to get out of the situation safely,” she was quoted as saying.

“Public safety does not need to come at the cost of civil rights,” she added. “I am sharing this incident here not to ask anyone here to find fault or take sides. We are all on the same side and can use this as an opportunity to learn and improve. The responsibility to uphold civil rights is one that all of us share, and we need to do our part and also expect the police to do their part.”

All legal residents are encouraged to carry their green cards. Undocumented residents will live in fear of any type of interaction with police and are unlikely to seek help from law enforcement when needed.

Flying 40, Sky Bird Travel Celebrates its 40th Anniversary in New York

“We have a great future ahead of us,” declared Arvin Shah, Chairman & President of SKY BIRD TRAVEL & TOURS, one of the largest national Airline Consolidators in the United States during his address to hundreds of airline industry executives at Sky Bird’s gala 40th anniversary and Holiday party celebration at the prestigious St. Regis Hotel in New York City on Wednesday, December 6th.

With total dedication, hard work, solid customer base, and visionary ideals, Sky Bird Travel & Tours is recognized as a world renowned award winning Airfare Consolidator working with more than 90 airlines around the globe. “We have been in business for over 40 years. We can truly say that we are your global partner. We value your needs. Our customer service team makes sure you come first,” Arvin confidently stated to the party’s attendees.

Headquartered in Detroit, Michigan, served by nearly 300 employees, with 12 satellite offices in the US and many abroad, Sky Bird Travel & Tours has come a long way since Arvin and his wife, Jaya, first started their travel agency, Jaya Travel Inc., in 1974 in Windsor, Canada, working from home. “We literally worked from the kitchen table,” he recalls.

In 1976, the Shah family established Sky Bird Travel & Tours, Inc., alongside with Jaya Travel, in Southfield, Michigan, to cater to the growing South Asian ethnic community throughout the US and Canada by developing a full service leisure travel agency which offers airline tickets, hotels, car rentals and customized tour packages to valued customers.

In 1982, Raj Patel joined the family business as its Vice President. From there, the company was able to grow with its wisdom and experience coupled with innovative and creative ideas which became the hallmark of the success story of Sky Bird Travel & Tours. According to Raj, “We believe there are two elements vital to every company’s success: a great product and great service. Since our founding in 1976, Sky Bird has amassed active contracts with over 90 airlines which has given us the ability to offer you a wide range of options for our clients.”

Arvin’s son Akshay joined the business after his college graduation. Together father and son are working to build and grow more business, challenging all the negatives in the industry. “With Sky Bird Travel, it’s not just about maximizing profits—it’s about becoming a part of our team where we value your needs,” Akshay, while giving an overview of the company’s 40 years of journey through a beautifully made visual presentation, told the airline executives who had come in to celebrate the success story of Sky Bird.  “Our customer service is the reason for our success,” he said.

Within the first decade, Sky Bird Travel & Tours gained a reputation for quality and dependability and continues to provide its clientele with professional quality services along a diversified array of travel destinations, with the highest standards of excellence.

“We did not want to limit ourselves in business and wanted to handle the complete international airline ticketing to India and China, as well as Europe, the Middle East and Far East, Africa, Asia, South Pacific and Latin America from all major cities of origin in the USA”, said Akshay. From there, the Shah’s made the idea feasible and started to manage the task of expanding Sky Bird into the major global travel management business.

Not satisfied with handling just issuing tickets and making reservations, the company created its own tour company Sky Vacations.  Sky Vacations has formed preferred alliances with partners in destination management companies all over the world. It provides a “local presence” and infrastructure within various regions. “Our clients get the advantage of established land package rates combined with our competitive airfares which makes for a very well-priced experience for our customers. This has made us a one-stop-shop for virtually any type of travel program we wish to provide,” Akshay says.

Sky Bird Travel has grown with the changing times and the needs of the tech savvy customers and industry. Its fares database is updated daily to make it easy for travel agencies to provide their clients with instant quotes and to give them the flexibility of adding one’s own markup.

In order to constantly grow in the business, the company concentrated on new challenges in the new technology during a period of major upheaval in the travel business in the late 1990s. Sky Bird became a SolarNet LiveLinx client, which hosts a travel vendor’s database and information search capabilities and accessibility on the Internet as well as four Global Distribution System (GDS) networks: Sabre, Apollo/Galileo, Worldspan and Amadeus and online through its business-to-business web portals.  By embracing technology at an early stage, Sky Bird was well positioned to handle a greater amount and variety of business as well as serve customers worldwide.

With a view to better serve his large clientele and offer a competitive advantage through its customer-driven advanced technology solutions to optimize travel agents’ needs, Arvin and his management staff continue to make technology accessible and affordable to the greatest number of users, by delivering innovative, popular fare distribution systems that are easy to use and access for travel agents. Sky Bird offers fares less than 40-70 percent than most of the competitors, and its tickets are less restrictive than published and/ or web fares. .

With Sky Bird, travel agents also get access to ‘Wings’, their in-house booking system which searches the major GDS systems to give instant net fares on over 90 airlines. With the latest in technology along with a pure passion for helping travel agents, Sky Bird Travel Tours remains one of the top Airfare consolidators in the US.

As a first generation immigrant from the sub-continent of India, Arvin Shah and his company Sky Bird are a true story of the American Dream achieved through determination, hard work and persistence.  “It was no easy task and demanded grit, self-confidence and vision. It also meant working under a heavy load of management skills and taking financial risks to gamble in the unpredictable travel business”, he said. “We had our share of ups and downs, until we started thinking more seriously about taking a different approach in the competitive travel industry, while exploring other alternatives like the travel consolidator market. It was an expensive move and involved a lot of risk-taking challenges.”

“Whether it’s dealing with global events, changing economies, or even weather-related difficulties, Sky Bird has managed to consistently provide top-tier customer service, low net fares, and commission checks to travel agents on time. Our commitment to excellence, unparalleled customer support, and travel industry wisdom has undoubtedly helped take their

Arvin feels that Sky Bird success is more like the success of a travel management organization than a travel agency, with all of its various departments IT, customer services, analytics, finance, sales, marketing etc. working in sync. Arvin says, with a sense of joy and pride, “Thank God I came to America – this is the right place. The land of opportunities. I had nothing when I came here. If you work hard, you can achieve anything you desire.”

Arvin’s vision for Sky Bird is to make it into a Billion Dollar Company. “I am confident with the kind of dedicated staff we have and the continued support from our customers, airlines, and tours, Sky Bird will soon be a Billion Dollar Company.” business to new heights in recent years,” Arvin says with a sense of pride and optimism.

Arvin and his company have won the praises and laurels from across the travel industry.  “Congratulation to Mr. Arvin Shah on the success of Skybird Travel excellent customer service and its 40th year celebration,” stated Daryl Yu, Manager of Eva Air. “Standing strong against the competition and by the sides of its cherished partner – EVA Air, Skybird under the leadership of Arvin Shah has set a benchmark on travel experience with customized packages and tours.  A true consolidator that combines fares and savings in one.  We are very pleased to have Skybird Travel as our partner.”

Throughout its 40 years, Sky Bird Travel has been bestowed with hundreds of national and international awards by numerous airlines and leading travel industry platforms. This high standard was recognized early and rewarded by various segments of the travel industry, involving major awards and citations from numerous international airlines. Air India, Lufthansa, British Airways,  Delta Airlines, Air France, Singapore Airlines are just a handful of the many carriers who have recognized Sky Bird as one of the world’s best serviced for reaching their annual sales target consistently.

In addition to managing Sky Bird Travel and its entities, Arvin and his family are extremely active in the community.  The family has been in the forefront supporting numerous community events in Detroit. Whether it be natural calamities or man-made, they have spent substantial amount of resources to ease the needs of the South Asian as wells the larger society through its non-profit charitable organization, Jaya Foundation.

Jaya Foundation has been a major donor for the Jaya Rehabilitation Institute and Research Center at Bidada Sarvodaya Trust in Bidada, Gujarat in India has been doing amazing work in helping with the rehab process of thousands of people in the region. Jaya Rehabilitation Institute was awarded the Best Rebab Center Award by the President of India for its innovative and dedicated services to its customers.

Since 2005, Jaya Foundation has supported a Maternity Clinic in one of the most remote rural areas, providing much needed healthcare services to the local community. There are numerous other causes across the United States, the Shah family has promoted, including education, training and leadership.

For further information on Sky Bird Travel, please visit www.skybirdtravel.com.  You can learn more about Jaya Foundation atwww.jayafoundation.com.

Sikh Community of Chicago bids good bye to Consul General Dr. Ausaf Sayeed

By Asian Media USA ©

Chicago IL: Sikh Community of Midwest Chicago organized a farewell evening for the outgoing Consulate General Dr Ausaf Sayeed on January 1st, 2017 at Viceroy of India Restaurant, 233 E Roosevelt Rd, Lombard, IL. Mr. Darshan Singh Dhaliwal was the host of the evening and Dr. Harjinder Khaira was the master of ceremony (MC). Mr. Sayeed joined Chicago office in 2013 and he was honored for being the most involved and most respected of all Consulate Generals in the history of Chicago. It was this love and respect that he had fostered during his stay in Chicago that had forced so many dignitaries of the Sikh and Indian community to thank him and wish him well. Some highlights of Mr. Sayeed’s contribution and support were shared with the audiences through a PowerPoint presentation that included his visits to various Gurudwaras and Sikh festivals.

Dr Balwant Singh Hansraj thanked the host Mr. Darshan Singh Dhaliwal, and the master of ceremony Dr Harjinder Khaira. “Mr. Sayeed’s contribution to the entire Indian community has been tremendous. He made several visits to Gurudwaras and through his service, made many Sikh lives better. The purpose of his role is to serve and with service comes contentment. He wholeheartedly lived up to the expectations of his role. I would like to quote a famous line here. It goes like ‘it is only by chance that we meet.’ Wherever you went you touched hearts. I extend my best wishes for your next adventure” Said by Dr Balwant Singh Hansraj.

Pakistan Consulate General Mr. Faisal Niaz Tirmizi also added grace to the evening with his presence. In the opinion of the Asian Media editor Prachi Jaitly, this may have been the first time that the Consulate General of India and the Consulate General of Pakistan were under the same roof for Sikh Community of Midwest Chicago event.  The presence of both the dignitaries turned it into one of historical events. It was the significance of the Sikh diaspora that had both dignitaries present.  Mr. Tirmizi praised Mr. Ausaf Sayeed and called him an embodiment of service who built bridges and brought people together. Dr Gopal Lalmalani, Mayor Village of Oakbrook was also one of the distinguished speakers at the event. He mentioned the amount of work Mr. Sayeed has done. Per Dr. Lalmalani, since 1973, the year he came to the USA, there has never been such an engaging and connected Consulate General.

Dr Lalmalani who is the current mayor of Village of Oakbrook talked about the Polo team and how Mr. Sayed facilitated in bringing the Indian team back along with captain Vikram Singh.  In Mr. Lalmalani’s words, Mr. Ausaf Sayeed brought many diverse organizations together. He also thanked Mr. Faisal Niaz Tirmizi, Consulate General, Pakistan. Mr. O.P. Meena was also thanked for always supporting the community.

Mr. Ausaf Sayeed while addressing the audience, talked about his experiences working in the Chicago office. He assumed office in 2013 after serving as Indian Ambassador in Yemen from 2010-2013. He explained how he always emphasized the channelization of the Indian communities. He was a given standing ovation by everyone present. Mr. Sayeed quoted from the Holy book of the Sikhs, the Guru Granth Sahib. He also talked about the sayings of many great saints specifying the role that Sikhism plays in being able to serve communities and their own diaspora at large. Teams from Indiana, Milwaukee were also present to say thanks and goodbye to the Consulate General.

In Mr. Sayeed’s words,” I am humbled by all the lovely words spoken about me. I have received so much love during my tenure in this office”. He talked about Shri Guru Nanak Dev ji and Baba Mardana. He quoted Guru Nanak dev Ji’s words “Vasde Raho” and explained how traveling across the world helps all of us in discovering new meanings of life. During his inspiring speech, Mr. Sayeed explained the significance of turban and Guru Granth Sahiband concluded his speech by saying “Wahe Guru ji da Khalsa, Wahe Guru ji di Fateh”.

Happy Singh, extended his vote of thanks with famous lines “Wo aaye hamare ghar, khuda ki kudrat……”. He thanked everyone including most the Punjabi Social and Sikh religious societies from all over Midwest that participated in this farewell dinner like Punjabi Cultural Society of Chicago, Sher -E -Punjab Sports Club Midwest Chicago, Punjabi Americans Organization, Chicago, Punjabi Heritage Organization, Punjab Sports & Cultural Club, Crowne Pointe, Indiana, Palatine Gurdwara, Wheaten Gurdwara and so on. The beautiful event would not have been possible without the active help and support of Mr Jaskaran Dhaliwal and Dr Harjinder Khaira. The host of the evening Mr. Darshan Singh Dhaliwal presented memento to Mr. Ausaf Sayeed and the event concluded with a scrumptious dinner. Truly, the outgoing Consulate General will be missed by all the Midwest. During his tenure, he has changed the landscape of involvement of the Consulate General into the local Indian community and the heights of what a Consulate General can achieve for the community.

Ambassador Syed Akbaruddin lauds Indian American community

 The achievements and success of the Indian-American community has contributed greatly to India’s diplomatic efforts at the United Nations and elsewhere, India’s Permanent Representative to the UN Syed Akbaruddin, said here on December 21st. The Envoy to the UN was speaking at a TV Asia question-and-answer session aired live, praised the diaspora for bringing attention to India.
“We are more effective now because of you, the community,” Akbaruddin said at the session attended by more than a hundred representatives of Indian-American organizations in the tri-state area. Akbarudding stressed that the community’s success in America had not only drawn more attention to India, but also made the job of diplomacy easier.
The Q and A session lasted more than an hour during which India’s envoy fielded questions on the changing political scene in the U.S. with an incoming Trump administration and whether the UN was effective in protecting the human rights of people across the world.
Akbaruddin indicated that while there may be some change, India was expecting new perspectives to be presented at the international body and was prepared to deal with the issues within the framework of the United Nations.
On human rights, a question asked by a 12-year old student, Akbaruddin said it was up to the member-nations of the U.N. to adhere to human rights in order for the organization to be successful. He also said India’s demand for permanent membership on the UN Security Council may take a while. “It was a very interesting and educational sesion and people got an opportunity to ask questions and meet the Ambassador personally,” said H.R. Shah, chairman and CEO of TV Asia.

Meanwhile, India has renewed its demand for international action against Pakistan-based terrorist groups Lashkar-e-Taiba(LeT) and the Jaish-e-Mohammed (JeM) and “their shadowy supporters,” and Syed Akbaruddin, India’s envoy to the United Nations, today cited a quote from poet Rumi to send to warn Pakistan.

“Every leaf that grows will tell you: What you sow will bear fruit. So, if you have any sense my friend, don’t plant anything but peace,” Akbaruddin said, quoting the great Persian poet in a Security Council session on the situation in Afghanistan.

The UN envoy’s remark was an apparent reference to terrorist groups operating with support from Pakistan in neighbouring Afghanistan. He said that to bring sustainable peace to Afghanistan, groups perpetrating violence in the country must be denied safe havens in its “neighbourhood.”

“We need to address, as an imperative, the support that terrorist organisations like the Taliban, Haqqani Network, Daesh, al-Qaeda and its designated affiliates such as Lashkar-e-Taiba and the Jaish-e-Mohammed which operate entirely outside the fabric of international law draw from their shadowy supporters outside Afghanistan,” Akbaruddin said.

Indian Consulate in NY website hacked

The Indian consulate’s website is the latest Indian diplomatic websites to be hacked by a person claiming to be a 17-year-old student in Tokyo who asserts that it was a well-intentioned attempt to show the vulnerabilities that “even kids could exploit,” media reports here say.

The person, using the identity Kapustkiy, who had earlier hacked the web sites of seven Indian diplomatic missions in Europe and Asia, posted on a public web site the partial personal information of 418 people registered with the consulate said to be taken by penetrating its website.

Last week web sites of Indian diplomatic missions in South Africa, Libya, Malawi, Mali, Italy, Switzerland and Romania were hacked and non-public information were posted publicly. In an interview over Twitter on Monday, Kapustkiy said: “It took me only three seconds to gain access to their database.”

“Even the kids could exploit it,” he said of the vulnerabilities in the way the programing language, SQL or Structured Query Language, was used on the web sites. SQL is used by web sites to manage databases. His method was different from the hacking of Indian defence, business and media sites exposed last year by a Silicon Valley cybersecurity firm, FireEye, which said it was likely by China.

Those penetrations required more elaborate efforts like planting spying software in emails sent to people using those sites. But Kapustkiy’s methods appeared to be simpler and more direct, exposing more dangerous vulnerabilities.
The list said to be from the New York consulate was posted on a website, pastebin.com, which is open for public posting of information. The list was still on the site Monday night, even though the earlier postings from other Indian missions have been removed.

The consulate did not respond as of Monday night, New York time, to a request emailed to the press section for comments. The web site says that it is powered by Ardhas Technology India Private Limited, which has its registered office in Erode, Tamil Nadu.

Kapustkiy said: “I don’t describe myself as a hacker or something, but as a security pentester.” Pentester is short for penetration testers who examine the weaknesses of internet sites to intrusions.

On his Twitter account he also describes himself as a “cyber detective”. The hack did not affect functioning of the consulate’s website while the non-public data was being extracted from it. “I didn’t want to do any damage, but [only] to let administrators to pay attention [to the vulnerabilities],” Kapustkiy said.

“I could’ve leaked around 7,500 entries of people,” he said. “But I decided to leak only 400 entries which belong to the employees and not to the people. I could also leak there real address and zip code. But I didn’t do that.” However, the partial list seen by IANS appeared to be information about people who had registered with the consulate rather than employees.

Kapustkiy said that he first reported the problems to the web site administrators but didn’t get a response. “After all the media attention I gain they started to fix it,” he added. He said that Indian officials have not contacted him.

Around 20 domains connected to the Indian missions were hacked in the past and although they have been patched, he said, “there were still some domains that were vulnerable to exploit. You could find the vulnerability in three secs”.

About his future plans, he said, “I think that I will continue look at vulnerables in important websites in Asia.” Asked about his nationality, he said, “I don’t want to tell where I’m from, but most media are claiming that I’m from the Netherlands,

Indian students enrollment in the US up by 25%

IANS

The number of Indian students studying in the US has gone up to over 165,000 during academic year 2015-16, a growth of 25 per cent over the previous year, says a report released on Monday.

According to the 2016 Open Doors Report on International Educational Exchange, there are 165,918 students from India, making it the second leading country of origin among international students in the US.

“This was the highest absolute increase of students ever and followed the previous year’s record growth,” said a statement released by the US consulate here.

India accounts for one out of every six international students in the US.

Approximately three-fifths of Indian students are at the graduate level and three-fourths are in the STEM fields (science, technology, engineering, and mathematics).

“Higher education continues to be the bedrock of our people-to-people ties.

“More students from India studied in the US than ever before — at all levels — and I am especially pleased to see the record back-to-back, year-on-year growth in student numbers,” said US Ambassador Richard R. Verma.

“With efforts such as our Passport to India initiative, we are also seeing the number of American students in India beginning to grow,” he added.

The Open Doors report is published annually by the Institute of International Education in partnership with the US Department of State’s Bureau of Educational and Cultural Affairs.

According to the report, the number of international students in US colleges and universities surpassed one million for the first time during the 2015-16 academic year.

The number of international students increased by seven per cent over the previous year to a new high of nearly 1,044,000, representing five per cent of the total student population at US institutions.

This strong growth confirms that the US remains the destination of choice in higher education.

In 2015-16, there were nearly 69,000 more international students in US higher education compared to the previous year.

Michele Bond, Assistant Secretary of State for Consular Affairs, had said in Hyderabad recently that last year, the US mission in India issued 60,000 student visas.

The US consulate general in Hyderabad issued the largest number of student visas in India, more than any of the consulates and the embassy.

“This consulate general in Hyderabad issues fifth largest number of student visas in the world. It is at fifth position among more than 200 embassies and consulates around the world,” she had said.

Open Doors also reports that more than 313,000 US students received credit last year for study abroad during 2014-15, an increase of nearly three per cent over the previous year.

India is ranked 13th among the top 25 destinations of US study abroad.

The number of US students going to India to study for academic credit at their home university in the US decreased by 3.2 per cent to 4,438, although this number has remained relatively flat across the last five years at 4,500.

The release of the new Open Doors data marks the celebration of International Education Week, a joint initiative of the US Department of State and the US Department of Education to prepare Americans for a global environment and attract future leaders from other countries to study, learn, and exchange experiences in the US.

Silicon Valley wants Trump to reform H-1B visa system

Asserting that H-1B visa creates more jobs, a Silicon Valley-based CEO has urged US President- elect Donald Trump to reform the system and increase the quota of this speciality work visa, which would help in achieving his agenda of spurring growth in the country.

“So here’s a first step: reform the H-1B visa program to allow American companies to hire the high-skilled workers they need to grow and remain competitive,” Alan H Fleischmann founder, president & CEO of Laurel Strategies, a global business advisory and strategic communications firm for leaders, CEOs and their C-suite, said in an op-ed published in the Fortune magazine on Sunday.

“While the broader immigration debate will be heated and highly partisan, reforming the H-1B immigration program enjoys strong bipartisan support,” he said. “President-elect Trump’s stance on this issue is not yet defined. This creates a further opportunity to properly address this policy issue,” Fleischmann said.

He said many of Trump’s voters express concern about being left out of the 21st century tech-based economy and have not seen innovation as a powerful job-creator or a force for good. “Their fears are valid, and Washington with Silicon Valley must do a better job of broadening the promise of technology so that so many disaffected Americans no longer are left behind,” he noted.

Fleischmann said America’s H-1B visa program is designed to permit US companies to recruit workers from abroad to fill highly specialized jobs here in America. “Far different from the more wide-ranging worker visa program, H-1Bs are specifically used to fill specific jobs that companies can’t find enough American workers to fill.

Particularly for technology firms, H-1B visas are a lifeline to the global talent pool of engineers, who can build products and create economic growth here in America, rather than in other countries,” he said. Evidence shows that jobs for Americans would increase and wages would rise under the visa program, he argued.

According to a 2012 report by the US Chamber of Commerce studying foreign students with a STEM degree hired by American companies, each H-1B employee creates 2.62 additional jobs for American workers. According to another report from McKinsey in 2011, “in recent years, the supply of [STEM] graduates has been sluggish at a time when demand for them has been rising.”

Yet despite the overwhelming benefits of the H-1B visa program for America’s economy, the program’s annual cap is stunningly low at just 65,000 per year, Fleischmann said.

Ban H1-B after some years US will beg India and other countries to give people for work, even pay them to come here. US earns by Guns, Students in colleges and people with temporary visa the keep cas… Read MoreTop comment by Alok Nath

“That quota may have been sufficient 30 years ago, but it’s just a drop in the bucket compared with today’s demand for high-skilled workers,” he added.
Noting that Trump was elected with virtually no connection to America’s technology sector, he said convincing Congressional Republicans to support H-1B reform as a job-creator and economic imperative would be a savvy and much-needed first step. “This is a tremendous leadership opportunity for the new administration,” he said.

USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fee

WASHINGTON – U.S. Citizenship and Immigration Services today announced a final rule published in the Federal Register today adjusting the fees required for most immigration applications and petitions. The new fees will be effectiveDec. 23.

USCIS is almost entirely funded by the fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine the funding levels necessary to administer the nation’s immigration laws, process benefit requests and provide the infrastructure needed to support those activities.

Fees will increase for the first time in six years, by a weighted average of 21 percent for most applications and petitions.   This increase is necessary to recover the full cost of services provided by USCIS. These include the costs associated with fraud detection and national security, customer service and case processing, and providing services without charge to refugee and asylum applicants and to other customers eligible for fee waivers or exemptions.

The final rule contains a table summarizing current and new fees. The new fees are also listed on the Form G-1055, Fee Schedule, and website. Applications and petitions postmarked or filed on or after Dec. 23 must include the new fees or USCIS will not be able to accept them.

“This is our first fee increase since November 2010, and we sincerely appreciate the valuable public input we received as we prepared this final rule,” said USCIS Director León Rodríguez. “We are mindful of the effect fee increases have on many of the customers we serve. That’s why we decided against raising fees as recommended after the fiscal year 2012 and 2014 fee reviews.  However, as an agency dependent upon users’ fees to operate, these changes are now necessary to ensure we can continue to serve our customers effectively.  We will also offer a reduced filing fee for certain naturalization applicants with limited means.”

Changes in the new fee schedule can be found here. Highlights follow: A modest fee increase of $45, or 8 percent, from $595 to $640 for Form N-400, Application for Naturalization. USCIS will offer a reduced filing fee of $320 for naturalization applicants with family incomes greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines. For 2016, this means, for example, that a household of four with an income between $36,000 and $48,600 per year could pay the reduced fee. Those eligible may apply for this option using the new Form I-942, Request for Reduced Fee. The fee for Form N-600, Application for Certificate of Citizenship, and N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, will increase from $550 or 600 to $1,170. A new fee of $3,035 is required for Form I-924A, Annual Certification of Regional Center.

H-4 Visa holders are able to work legally: DC Court

A Washington, DC district court judge ruled against Save Jobs USA, saying that the organization’s lawsuit, which attempts to curtail the Department of Homeland Security from giving work authorization to H-4 visa holders, was invalid, according to reports here.

In its lawsuit filed last year, Save Jobs USA claimed American workers would be forced to compete with 180,000 more applicants who are eligible to work under a new rule which came into effect in the Spring of 2015. Further, noted the organization, H-1B visas are allotted to those with specialized skills, whereas H-4 visa holders with work authorization can apply for any job.

But U.S. District Judge Tanya S. Chutkan found in her ruling that giving work authorization to certain H-4 visa holders did not unfairly impact the American work force.

Save Jobs USA announced Sept. 28 that it intended to appeal the ruling. H-4 visas are allotted to the spouses of H-1B – foreign skilled labor – visa holders.

Approximately 80 percent of H-4 visa holders are from South Asian countries, primarily India. Many have skill levels equivalent to their spouses, but until last May, H-4 visa holders were not allowed to work in the U.S. But USCIS issued a memo last May, which allowed certain H-4 visa holders – whose spouses had applied for green cards for permanent status in the U.S. – to apply for work authorization. More than 180,000 people – largely women – were eligible to apply.

Save Jobs USA was founded by a group of former information technology workers who had worked for Southern California Edison but were laid off in February 2015 and allegedly replaced by H-1B visa holders. The group claimed at the time that Edison was bringing in “cheap labor” from abroad.

Indian citizens receive almost 70 percent of all the H-1B visas issued worldwide

“Indian citizens receive almost 70 percent of all the H-1B visas issued worldwide,” Michele Bond, US Assistant Secretary of State for Consular Affairs, said during a media interaction here. “Overwhelmingly, Indian applicants are the ones who are successful in qualifying for these visas,” she said. Bond said that in US fiscal year 2015 (October 1, 2014 to September 30, 2015), more than 110,000 H-1B visas were issued to Indian citizens.

Despite a hefty hike in fees of US H-1B and L-1 visas, there has been no drop in number of applications from India and the country continues to be the highest recipient of H-1B visas, the highest US official in Washington dealing with international visa issues said here last week.

As for L-1 visas, she said that Indian citizens received around 30 percent of all such visas issued. The US doubled the visa fees to $4,000 for H-1B and to $4,500 for L-1 at the end of last year. Indian IT bellwethers have most of their employees working on site holding H-1B visas. “This is a priority for us because we are part of a bilateral India and US effort to grow their economic and commercial ties,” she said.

Asked if there has been any move to revisit the issue of hike in visa fees, she said: “These specific visas where the fees changed — the H and L visas — we have seen no drop in the number of applications for those visas, no lessening of interest in obtaining those visas. It was a legislative change, so we were implementing that law.”

Bond came to India to attend the annual bilateral consular dialogue that was held here on Monday during which issues like facilitating tourism and business and other travel between the two countries, visa assessing, protection of US citizens in India, transparent international adoption, and preventing international parental child abduction cases were discussed. While she led the US delegation, P. Kumaran, Joint Secretary (Consular, Passport, Visa) in the Ministry of External Affairs, headed the Indian side.

Hillary Clinton pledges to take on Immigration Reform in first 100 days

Democratic presidential candidate Hillary Clinton has pledged to introduce comprehensive immigration reform, including stapling a green card to the diploma of every foreign STEM graduate, within the first 100 days after taking office, according to a fact sheet released by her campaign’s AAPI policy committee July 26.

The candidate reiterated her pledge on the closing night of the Democratic National Convention July 28, as she accepted her party’s nomination. “We will build a path to citizenship for millions of immigrants who are already contributing to our economy,” she said, to cheers from the large audience at the Wells Fargo Convention Center.

“I believe that when we have millions of hardworking immigrants contributing to our economy, it would be self-defeating and inhumane to kick them out. Comprehensive immigration reform will grow our economy and keep families together and it’s the right thing to do,” said Clinton.

Democratic presidential candidate Hillary Clinton had told voters in Nevada that she would address immigration reform in the first 100 days of her presidency. “This is at the top of the list,” Clinton said during an MSNBC/Telemundo town hall, two days before Nevada’s Democratic caucus. “It’s going to be introduced, and then I’m going to work as hard as I can to make sure we get it moved through the congressional process. I can control the introduction of legislation, but Congress has to get its act in gear. That’s why we need to elect a Democratic senate so we have some friends.”

“I believe that when we have millions of hardworking immigrants contributing to our economy, it would be self-defeating and inhumane to kick them out. Comprehensive immigration reform will grow our economy and keep families together and it’s the right thing to do,” said Clinton.

The AAPI policy committee fact sheet stated that Clinton would offer a pathway to citizenship for the 11 million undocumented residents currently residing in the U.S. “Asian immigrants make up 11 percent of the 11 million undocumented immigrants in this country, the vast majority of whom have lived in the U.S. for over a decade,” according to the fact sheet.

Clinton has pledged to support President Barack Obama’s beleaguered executive orders – Deferred Action for Parents of Americans and an expanded version of the Deferred Action for Childhood Arrivals – which he announced in November 2014. Twenty-six states immediately sued, noting the costs of issuing thousands of new drivers’ licenses and challenging the constitutionality of the proposal. The Supreme Court was split in its ruling on the case June 23, and threw the issue back to a lower court.

At a recent New America Media briefing on immigration reform July 7, Sally Kinoshita, deputy director of the Immigrant Legal Resource Center, told India-West that Indian Americans would be the second largest group of immigrants to benefit from the proposed DACA/DAPA initiative. Currently, an estimated 284,000 undocumented Indian nationals reside in the U.S. About 40 percent of them would have benefitted from the president’s deportation relief program, which provides work authorization, the ability to obtain a driver’s license, as well as relief from deportation.

Clinton has also proposed clearing the back-log on family-based visas. In some categories, Indians waiting to enter the U.S. to be reunited with family members face a delay of more than a decade.

The former secretary of state has also proposed the first-ever federal Office of Immigrant Affairs to “ensure there is a dedicated place in the White House where integration policies and services for immigrants and refugees are managed.”

Clinton has also pledged to support small businesses by expanding access to capital, providing tax relief, expanding access to new markets and fighting discrimination in the lending market. Noting that AAPI women face a larger wage gap – 86 cents for every dollar a white male earns – Clinton has promised to break down barriers that AAPI women face in achieving pay equity, and to ensure that all women are on equal footing with men.

She has also pledged to combat bullying of Asian American school children. In her prime-time speech to the nation, Clinton promised that her administration would reflect America’s diverse populations.

Clinton’s comments marked a more aggressive embrace of immigration reform. A few months ago, the Democratic presidential front-runner, while pledging to provide a path to citizenship to undocumented immigrants.

“As president, she will build on President Obama’s progress of appointing AAPIs throughout the executive branch. From special assistants to cabinet members, AAPIs will play a key role in helping to shape her administration and its policy priorities,” the policy committee noted in its fact sheet.

Clinton promises Immigration reforms

Hillary Clinton vowed to expand President Barack Obama’s executive actions on immigration after the Supreme Court’s deadlocked decision, calling on Latino voters to help stop what she called GOP rival Donald Trump’s efforts to “fan the flames of racial division.”

“Donald Trump is running the most divisive campaign our lifetime. His message is that you should be afraid,” she told a gathering of Latino activists last week. “We’ve got to come back twice as strong and twice as clear. We have got to say with one voice that Latinos are vital part of the American community.”

A deadlocked Supreme Court decision last month effectively killed Obama’s immigration plan to help some of the 11 million immigrants living in the U.S. illegally.  Clinton vowed to restore the program which would have protected the parents of children who are in the country legally and expand benefits to people who were brought to the U.S. as children.

Clinton has made revamping the country’s immigration system a key plank of her presidential campaign. She has said she will introduce legislation during her first 100 days in office.  Speaking at the annual convention of the League of United Latin American Citizens today, Clinton promised to create a clearer immigration system where immigrants with “sympathetic cases” or a history of community service can be eligible for special status.

She also vowed to eliminate family detention centers, which hold undocumented immigrant families, including children and babies, for weeks or even months in what advocates call prison-like conditions while they wait for legal processing. “These actions are not consistent with our values,” said Clinton. “I know how important family is and I want to do everything I can to keep families together.”

Trump’s proposals, said Clinton, would deport 16 million immigrants currently living in the United States, cost the country around USD 1 trillion in economic output and weaken a fundamental American value.

Her campaign sees Latino voters as a key piece of their electoral coalition not only for 2016 but the future of the Democratic Party. Latinos are one of the country’s fastest growing demographic groups and Clinton called on them to help her party win up and down the ticket in November.

“I’m going to work my heart out but I need your help,” she said. “This is your election.

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