Visa Denials by USA Increased in 2018

The new policies and procedures by Trump administration has led to denials of Visa to the United States in the past year. A new analysis by a policy research group that scrupulously tracks immigration related issues and trade has said that there has been a large increase in the visa refusals by the U.S. State Department in fiscal year 2018, thanks to the “extreme vetting” and “public charge” changes imposed by the Trump administration, having a major impact.

The National Foundation for American Policy (NFAP), based in Arlington, Va., using new data released by the State Department, said that it found “implementing ‘extreme vetting’ for visas and new ‘public charge’ eligibility requirements is increasing the number of immigrants and applicants for temporary visas denied entry to the United States.”

The NFAP noted that between FY 2016 and FY 2018 the number of temporary visas issued declined 1,353,465 or 13 percent. NFAP pointed out that the number of immigrants issued visas declined from 559,536 in FY 2017 to 533,557 in FY 2018, a decline of 5 percent, and between FY 2016 and FY 2018 the number immigrants issued visas declined 14 percent.

In comparing data for Fiscal Year 2017 to Fiscal Year 2018, the NFAP found ineligibility findings used by the State Department to refuse visa applicants increased 39 percent for immigrants and 5 percent for nonimmigrants–individuals seeking temporary visas– between FY 2017 and FY 2018.

“The trend continued in FY 2018, with F visas for Indians declining 4 percent or 2,058 visas, from FY 2017 to FY 2018,” it said. The approval rate of H-1B visas has dropped from 96 percent in 2015 to 85 percent in 2018 in new data released by U.S. Citizenship and Immigration Services, and now there’s now a clearer picture as to why.

It said the number of temporary visas issued declined 7 percent from FY 2017 to FY 2018, while the number of immigrant (permanent resident) visas issued declined 5 percent, and predicted that “immigrant and temporary visas could continue to decline in FY 2019 and FY 2020 due to restrictive policies from the Trump administration.”

“The State Department data show a similar trend for immigrants seeking permanent residence, primarily family-based immigrants, since employment-based immigrants typically gain permanent residence (a green card) while adjusting from a temporary status (such as H-1B) inside the United States,” the policy group said.

That presidential memorandum stated, “I direct the Secretary of State, the Attorney General, the Secretary of Homeland Security . . . to rigorously enforce all existing grounds of inadmissibility and to ensure subsequent compliance with related laws after admission.”

The NFAP report also said that “the decline in international students from India has been significant,” pointing out that “the number of F student visas issued to India fell by 20,013 or 31 percent between FY 2016 and FY 2018.”

Immigrants with specialized skills say they are being denied visas or encountering lengthy delays because the U.S. government is increasingly asking for evidence that the job they’re seeking is visa-worthy, according to an Associated Press report on the data. The Trump administration has said it wants to crack down on work visas issued under the controversial program.

Government requests for evidence, which delay the visa process, have increased overall to 60 percent since 2015. Just three years ago, they were at 35 percent — a number considered high at the time.

Sarah Pierce, a policy analyst for Washington, D.C.-based Migration Policy Institute, said the data shows how effective the Trump administration’s efforts are in limiting applications from foreign consulting companies. Her institute supports immigration programs.

Approved petitions of H-1B visas for foreign consulting companies saw a “pretty significant” decrease between 2017 and 2018, according to Pierce. “It does look like the administration is hitting them, and that is their intention,” she said.

PRAMIT – Pravasi Mitra (Helpline) Launched by Indian Consulate in New York

For the Community and Diaspora to reach out to the Consulate with their queries related to consular as well as all other matters, the Consulate General of India, New York has introduced on it’s website’s dashboard (https://www.indiainnewyork.gov.in/Pramit), “PRAMIT – Pravasi Mitra (Helpline)”. It does not require calling, messaging or emailing, just “PRAMIT” us for quick and assured response.

Please find an attachment to be circulated among the community and encourage all community members to use the same.

Regards,

Community Affairs Team
Consulate General of India, New York

3 East, 64th St, New York, NY 10065
Direct : 212-774-0633/0612
Email: madad.newyork@mea.gov.in
Face book- India-in-New York (Consulate-General-of-India-New-York)
Twitter- IndiainNewYork

MTA Votes to Increase Fares

The Metropolitan Transportation Authority (MTA) Board voted on February 27, 2019 to increase fares and tolls. The new tolls take effect March 31, 2019 and the new fares take effect April 21, 2019.

MTA board members voted on Wednesday to once again increase subway fares, raising the weekly MetroCard price to $33 and bringing a monthly pass to $127, up from $121. The hike, which does not impact the $2.75 base fare, will go into effect on April 21st. Tolls on most MTA bridges and tunnels will also see an increase of about 36 cents.

“This is painful for a lot of people, but it wasn’t exactly a mugging,” Acting MTA Chairman Freddy Ferrer told reporters.

The decision comes after a planned vote on the fare hike was delayed last month, with some board members citing the need to tie any cost increase to improved subway performance. The price hike voted on today, which ends the pay-per-ride discount, does not include a performance metric for subway service. The MTA’s decision to push back the vote cost the authority an estimated $30 million, according to transit officials.

Included in the decision are increases to the following unlimited, weekly and monthly passes:

Unlimited Ride MetroCard: Increase the price of unlimited ride cards: 7-Day Unlimited Ride MetroCard increases from $32 to $33

7-Day Express Bus Plus Unlimited Ride MetroCard: Increase from $59.50 to $62.00

30-Day and Calendar Monthly Unlimited Ride MetroCard: Increase from $121 to $127

Additional fares were increased. You can read more about the full changes in our blog post linked below.

Social Security expansion bill in Congress, targets those who earn over $400,000

As Social Security’s funding problems loom ever closer on the horizon, the program has emerged as a pet project on many lawmakers’ fix-it list. Now in control of the House, Democrats have thrown their weight behind a measure that would extend and expand the program — largely by asking high earners to pony up, along with a gradual increase in the Social Security tax rate that applies to workers’ income.

“Democrats have agreed that we should expand, not cut, Social Security and have the wealthy pay their share,” said Nancy Altman, president of advocacy group Social Security Works.

Due to a variety of factors — including an aging demographic, longer life spans, lower birth rates and the widening income gap — the Social Security Trustees 2018 report projects that beneficiaries will see a 21 percent cut in benefits by 2034 unless Congress takes action to prevent the funding shortfall. The Congressional Budget Office’s estimate is more dire, pegging the year at 2031.

More than 200 lawmakers, all Democrats, have signed onto the Social Security 2100 Act in the House. Introduced by Rep. John Larson, D-Connecticut, the bill would require that earnings above $400,000 be subject to the payroll tax that funds the program.

Currently, earnings above a certain level — $132,900 for 2019 — are not subject to Social Security taxation. This means someone who makes $132,900 pays the same amount into the program as someone earning, say, $1 million.

A CBO report released in December shows that because earnings for the highest-paid workers have grown faster than the average wage, about 83 percent of earnings fell below the Social Security’s taxable wage cap in 2016, down from 90 percent in 1983.

“When Congress enacted Social Security changes in 1983, no one anticipated the income stagnation,” Altman said.

The bill also would gradually increase the payroll contribution by workers and employers to 7.4 percent each by 2043 from 6.2 percent (to 14.8 percent altogether from the current 12.4 percent).

Social Security recipients also would benefit, getting an increase of about 2 percent of average benefits. And, the yearly cost-of-living adjustment — called COLA — would use a different formula to determine annual bumps intended to more accurately reflects rising costs for older Americans.

Additionally, the bill also would create a new minimum benefit set at 125 percent of the poverty line and take other steps to ease financial pressure on retirees, including doubling the amount of Social Security income that isn’t subject to taxation.

The end result would be extended solvency for the program for 75 years, according to Social Security’s Office of the Chief Actuary.

A recent poll conducted by The Senior Citizens League of its members explored what they thought the new Congress should focus on. Boosting Social Security benefits was cited by 42 percent, followed by reducing taxation of those benefits at 31 percent (reducing prescription drug prices came in third, at 18 percent).

“I think there’s a growing sense that something needs to be done,” said Mary Johnson, Social Security and Medicare policy analyst for the league. “It can take time to get legislation with many moving parts up and running, so you need to allow time to phase in changes.”

However, congressional Republicans typically have balked at the idea of expanding the program due to the associated higher taxes that would come with it, and past GOP proposals have advocated reducing benefits as a way to ease the program’s financial woes.

And, not everyone supports a program expansion. “Expanding benefits could help low-income retirees, but middle and high-income workers would likely reduce their personal savings in response to higher expected Social Security benefits,” said Andrew Biggs a resident scholar of the American Enterprise Institute, according to written testimony presented at recent congressional hearing about retirement security. Biggs was a deputy commissioner of Social Security under President George W. Bush.

Biggs also said that while tax increases would eliminate shortfalls, higher taxes could increase borrowing and debt by low-income workers and reduce work and encourage tax evasion by higher earners, according to his written testimony.

While it’s not certain whether Larson’s bill would be able to clear the House in its present form anyway, a Democrat-controlled House bodes well that it could progress.

However, as with most major pieces of legislation, it could go through various iterations before facing approval or rejection by the full House. And even if it made it through, the measure would also need approval from the Republican-dominated Senate, where priorities could be much different. “If it gets through the House, and then goes to the Senate and doesn’t get brought up for debate or a vote, it’s going to be a 2020 election campaign issue,” Altman said.

  • The measure, which would expand benefits for current and future recipients, would extend the program’s solvency for 75 years, according to Social Security’s Office of the Chief Actuary.
  • To help fund the proposed changes, earnings above $400,000 would be subject to Social Security taxes. In 2019, earnings above $132,900 are not subject to the levy.
  • The payroll tax also would gradually rise to 14.8 percent from the current 12.4 percent by 2043, with workers and their employers splitting that tax as they already do.

U.S. to end work permits for spouses of H-1B visa holders

The spouses of certain U.S. visa holders granted permission to work under an Obama-era rule are now one step closer to seeing that authorization removed. The proposed regulation was officially delivered to the Office of Management and Budget for review last Wednesday, according to a government database, which means the Department of Homeland Security has finished its work on the policy. Changes to the visa program were first discussed in 2017, according to a U.S. Citizenship and Immigration Services spokesperson.

The rule change would strip employment authorization from the spouses of H-1B visa recipients who are on track for green cards to work in the United States. The H-1B program attracts foreign specialized workers — many of them from India and China — to come to the U.S. for employment.

“The news really is this rule is finally moving forward as a proposal in a formal way,” said William Stock, an immigration lawyer from Philadelphia and past president of the American Immigration Lawyers Association.

USCIS spokesperson Jessica Collins said in a statement to NBC News that the agency continues to review all employment-based visa programs, including employment authorization documents for H-4 visas.

“No decision about the regulation concerning the employment eligibility of certain H-4 spouses is final until the rule-making process is complete,” she said.

Stock said that once the Office of Management and Budget completes its review, the regulation could be sent back to the Department of Homeland Security, or it could be cleared for publication in the Federal Register as a proposed rule.

After that, there’s typically a 30-to-90 day public comment, with 60 days being normal, he said. The comments are reviewed and a final rule is made.

According to the USCIS, there have been close to 91,000 initial approved applications for H-4 work authorization since the original 2015 rule was created by the Obama administration.

Proponents have argued that the rule helps alleviate financial pressures of H-1B families that would otherwise have to manage on a single income, a move that can help retain overseas talent in the U.S.

But it has also drawn criticism, including from Save Jobs USA, a group comprised of laid-off computer workers in California who claim their jobs were filled by programmers from India on H-1B visas.

Save Jobs USA filed a federal lawsuit in 2015 to block the H-4 rule after it was announced. That case has been pending before the U.S. Court of Appeals for the District of Columbia Circuit.

“There’s a court deadline, which may be why they’re pushing this forward,” Stock said of the Trump administration’s proposed rule change

Chicago’s Indian Americans stages a huge protest rally in front of Pakistan and Chinese Consulate Office

Chicago IL: With the chants of “Bharat Matha Ki Jai’ reverberating on the famed Michigan Avenue corridor, a massive congregation of deeply grieved Indian Americans bearing tricolor Indian and star-spangled American flags with placards of denouncing Pakistan for promoting terrorism – thundered through the famed Michigan Ave corridor with a huge protest rally in front of Pakistan Consulate Office that which shifted to the Chinese Consulate Office in what can be described as the largest rally of the Indian Americans in downtown Chicago on Thursday, February 21, 2019.

For the first time ever, the protest rally marched to the Chinese Consulate office to show displeasure and chastise Chinese government for their explicit support to Pakistan.  More than 400 motivated Indian Americans assembled to show strength of unity and solidarity with the fallen soldiers. Large convoys of remarkable size of Indian Americans arrived in buses, cars and trains to show solidarity with India especially the victims of Pulwama terrorist attack perpetrated with active connivance of Pakistan.

Raising slogans within an earshot of Pakistani Consul General, the crowds continued to raise the protest decibels. In some remarks, emotions were visible but the resolve was unmistakably firm with each pledging to do their part to awaken the world community of these seemingly frequent murderous assaults on Indians.

The protest rally and the aftermath has spilled over massively on an unprecedented scale in the social media with texts pouring in at astonishing speed filling up the platform with grief, sorrow and anger for the cowardly terrorist attack and vowed that Indian Americans will launch a sustained campaign against Pakistan until it stops the cross-border terrorism.

With the patriotic fervor spilling over on the sidewalks of Michigan Ave. all the way to the Chinese Consulate Office down a mile away on Erie Street.  The slogans and remarks were interspersed with grief and outrage at the dastardly attack on 40 helpless CRPF soldiers who were ambushed with a suicide attack.

Dr. Bharat Barai, a prominent Indian American community leader in his remarks welcomed the outpouring support of the Indian Americans gathered on a cold afternoon and thanked them for their unfailing patriotic spirit. Dr. Bharat Barai chastised Pakistan for their continued mayhem with their repeated murderous rampage in Him outlined 5000 years history of India with Kashmir as an epicenter of Religious, Educational, Cultural heritage. After 1947 partition of India, the Maharaja of Jammu and Kashmir signed an instrument of accession with India, ratified by the elected constituent Assembly. He thanked the World powers including USA, UK, France, Russia, many Islamic countries for condemning the Pulwama attack and supporting India.

The protest rally was largely led by among others: Hemant Patel, Nirav Patel, J.D. Digvanker, Shamkanth Sheth, Prasad Yelalmanchi, Amar Upadhyay, Nitin Garg, Pandya, Chirayu Parikh and Amitabh Mittal. Each of them articulated messages that summarized that Pakistan is a hub of terrorism and is constantly manufacturing company of terrorist; while harboring and nurturing them to be a dark men of death. In a statement, Hemant Patel said Terrorism in not only a political issue; it is also an ideological war, which is affecting the entire humanity. The suicide bombers are brainwashed from their infancy, they are fed with hatred against humanity, and these merchants of death are assured of reward in paradise for killing people. Pakistani connection was found in most major terror attacks in the world. A request was made to the Muslim Community to educate and restrain the Jihadi ideology and terrorism.

FIA’s prominent Trustee Iftekhar Shareef in his remarks expressed outrage and demanded Pakistan cease & desist from perpetrating terrorism mayhem in India. Iftekhar Shareef urged the International communities to join India in collectively condemning this heinous act. Harish Kolasani, Rally Coordinator said if Pakistan were able to kill one Indian, there would be one million who will rise up against them. Harish Kolasani who managed logistics said the rally will bear a huge impact.  Dr. Sanhita Agnihotri deeply lamented the loss of lives of the soldiers and pledged that the Indian American community will formulate a plan to support the families of the victims. Keerthi Kumar Ravoori said we mourn the loss of life of the soldiers in this deadliest terrorist attack in India and challenged Pakistan government to take proactive measurable actions to snub the scourge of terrorism.

From there, the Protesters went to the Chinese Consulate. They showed placards denouncing China’s double talk on terrorism. On one side, China denounces all terrorism. On the other side, China has consistently blocked UN Security Council from proscribing the Pakistani terrorist organizations. Lashkar e Taiba and its leader Hafiz Saeed; Jaish e Muhammed and its leader Masood Azhar have been responsible for many terror attacks including Mumbai terrorist attack killing 176 people and recent Pulwama attack killing 44 people. A memorandum was delivered to the Chinese Consulate.

Bill to end per country quota gives hope to hope for Green Card applicants

Two Bills introduced on February 7th simultaneously in the US Senate and the House proposing to end per-country limits on employment-based green cards, a long-standing demand of advocacy groups of high-tech workers from India, has given rise to hope among hundreds of thousands green card applicants.

The Fairness for High-Skilled Immigrants Act Bill also increases the per-country caps for family-sponsored green cards from 7 percent to 15 percent. Without adding any new green cards, S. 386 creates a “first-come, first-served” system that alleviates the backlogs and allows green cards to be awarded more efficiently, the senators said in a press statement.

Sens. Kamala Harris (D-CA) who has announced candidacy for 2020 presidential election and Mike Lee (R-UT), introduced the Fairness for High-Skilled Immigrants Act that would also adjust per-country limits for family-based green cards.

An identical bill was tabled in the House of Representatives by Congressmaen Zoe Lofgren and Ken Buck, Chair and Ranking Member of the House Judiciary Subcommittee on Immigration and Citizenship, with co-sponsorship of a bipartisan group of 112 members of Congress.

“Ours is a nation of immigrants, and our strength has always come from our diversity and our unity,” Sen. Harris said in a statement. “We must do more to eliminate discriminatory backlogs and facilitate family unity so that high-skilled immigrants are not vulnerable to exploitation and can stay in the U.S. and continue to contribute to the economy. I’m proud to join with Sen. Lee on this bipartisan legislation to ensure that our country remains vibrant and dynamic,” she said.

News reports said the bill has broad bipartisan support and is additionally cosponsored by Sens. Roy Blunt (R-MO), Susan Collins (R-ME), Jim Moran (R-KS) and Tammy Baldwin (D-WI), Jeff Merkley (D-OR), Michael Bennet (D-CO), among others.

The bill has also been endorsed by Immigration Voice, Compete America Coalition, the Information Technology Industry Council, Google, Microsoft, the U.S. Chamber of Commerce, The Heritage Foundation, La Raza, and many others.

“There is consensus that reforms to fix the nation’s immigration laws for high-skilled workers are long overdue,” said Andy Halataei, ITI Senior Vice President of Government Affairs.

“The Fairness for High-Skilled Immigrants Act would allow U.S. employers to attract and retain the world’s best and highly-educated employees, enabling highly-skilled workers who are committed to the United States to propel American innovation, grow the economy, and help create jobs in America. This bill will help maintain U.S. competitiveness as a nation,” it said.

Response to El Paso Hunger Strike by Sikh Coalition

On February 15th, the Sikh Coalition joined other civil rights organizations, immigration attorneys and activists for a day of action in response to Sikh and Cuban detainees protesting their detention conditions and unfair asylum bond denials at the Immigration and Customs Enforcement (ICE) El Paso Processing Center.

Sikh Coalition Legal Director, Amrith Kaur, and Community Development Manager, Inderpreet Kaur, joined Michigan immigration attorney, Ruby Kaur, to meet with Sikh detainees – including those who had been force-fed after hunger striking – inside the El Paso and Otero detention facilities. The visit was to assess detention center conditions, the health and treatment of the detainees and to ensure the rights to a fair judicial process were respected. They also met with U.S. Representative Escobar’s office and called for a congressional inquiry into the detention conditions.

“Nobody should flee their home country, pass their credible fear asylum interview and then spend the next year being called “Indian garbage” by ICE officers,” said Sikh Coalition Legal Director, Amrith Kaur. “There is absolutely no excuse for the violations that are occurring here.”

The Sikh Coalition was initially denied the right to visit with Sikh detainees at both the El Paso and Otero detention facilities, but finally was able to meet with 42 detainees, including those on the hunger strike.

Since January, when news broke that several Sikh detainees were on hunger strike protesting their detention, the Sikh Coalition has engaged to raise concerns about their physical safety, not sharing detainee information with the Indian Consulate, and protecting their religious rights inside the detention facility. On February 12th, the Sikh Coalition sent a demand letter to the U.S. Department of Homeland Security (DHS), U.S. Department of Justice (DOJ), and key congressional and senate offices insisting on further investigation and oversight related on all three issues.

Since then, the DHS Civil Rights division has launched a series of follow-ups to inquire into the Sikh detainees’ safety and religious rights, and the Sikh Coalition has demanded a meeting with ICE officials from the El Paso Processing Center. On Wednesday, February 13th, a U.S. district judge insisted that the government stop force-feeding two of the Sikh detainees. However, several Sikh detainees across the country remain on hunger strike as they continue to protest their conditions and unfair asylum bond denials.

“The Sikh Coalition does not provide immigration legal services, but as a civil rights organization, we have a responsibility to make sure that our government is respecting Sikh detainees’ religious rights, treating them without prejudice throughout the judicial process and further ensuring that their human rights are not violated here in the United States. For our organization, this is about making sure that everyone has equal access to due process and is treated with fairness,” said Sikh Coalition Executive Director, Satjeet Kaur.

The Sikh Coalition has previously provided support to detainees whose civil rights are being violated because they are not permitted to freely practice their religious beliefs while detained. Last year, this support included providing background expertise on Sikh religious observance as part of a court filing for the Oregon Federal Defender’s Office, which represents a number of Sikh detainees at the Sheridan Detention Center. This court filing, in part, led to the detention facility changing their policy and allowing Sikhs to maintain their dastaars.

Additionally, the Sikh Coalition continues working with organizations and sangats to gather actionable data on Sikhs who are detained so that we can better identify needs and resources. This support includes making dastaars, gutkas, parsad, and clean prayer space available at detention facilities and connecting detainees to Punjabi translators and lawyers, while providing oversight on humanitarian conditions within the detention facilities.

AIRBUS to stop building Jumbo Jets

Traveler’s senior aviation correspondent Barbara Peterson says the A380 had its doubters from the start. “In fact, 12 years ago many aviation insiders thought the A380 was outdated before even before it took flight, questioning the rationale behind a plane that could carry twice as many people as the next-biggest jet, the 747,” she says. “While some airline marketers raved about the ‘real estate windfall’ they’d get from all that extra room, others worried about prosaic issues like the heavy, mostly-metal jet’s fuel consumption.”

One such worrier? Teal Group analyst Richard Aboulafia, who predicted in a 2006 interview with Peterson that, “In a few years, the A380 is just going to be an old chunk of metal with old engines. It’s almost last generation.” Sadly, it didn’t even take a full generation for that prophecy to come to pass, Peterson notes, as lighter, all-composite aircraft with advanced technology arrived to take the place of the superjumbo.

No U.S. airlines fly the jet, and sales have been limited even with some of the world’s biggest carriers, including Air France, Qantas, British Airways, Korean Air, and Lufthansa. Dubai-based Emirates, the largest operator of the A380, is particularly known for its design of the planes, which have an expansive all first- and business-class upper deck, replete with a bar and shower suites. The airline had more A380s on order, but said Thursday it had agreed to replace some A380s with A350 and smaller A330 planes.

“While we are disappointed to have to give up our order, and sad that the program could not be sustained, we accept that this is the reality of the situation,” said Sheikh Ahmed bin Saeed Al Maktoum, the chairman and CEO of Emirates, in a statement. “For us, the A380 is a wonderful aircraft loved by our customers and our crew. It is a differentiator for Emirates. We have shown how people can truly fly better on the A380.”

Still, that doesn’t mean all A380s will disappear immediately. More than 200 of the superjumbo planes are currently flying, and will most likely continue to do so into the next decade, reports CNN. Just a few of the routes where you’ll be able to fly the plane: Paris to New York on Air France, Honolulu to Tokyo on All Nippon Airways, Frankfurt to Shanghai on Lufthansa, Singapore to Sydney on Singapore Airlines, and Dubai to Auckland, New Zealand on Emirates.

After Fake University Bust, Indian Embassy opens hotline for students detained by US authorities

As many as 129 Indians are among the 130 foreign students arrested for enrolling at a fake university allegedly to remain in the US. The university in Detroit’s Farmington Hills was part of an undercover operation by the Department of Homeland Security (DHS) designed to expose immigration fraud, according to federal prosecutors who announced charges in the case. The arrest of such a large number of students has created panic among the Indian students.

Officials said all of them face deportation, besides being put under detention. A number of students have been put under some kind of house arrest with tracking device on their ankle, that prohibits them from moving out of a designated area in their neighbourhood.

As part of its investigations, early this week, the ICE arrested eight recruiters on criminal charges. From their names it appears that all of them are either Indian nationals or Indian-Americans. “These suspects aided hundreds of foreign nationals to remain in the United States illegally by helping to portray them as students, which they most certainly were not. HSI remains vigilant to ensure the integrity of US immigration laws and will continue to investigate this and other transnational crimes,” said Special Agent Charge Francis. According to the ICE, in 2017, as many as 249,763 Indian students were enrolled in the various American universities. Students from China topped the list with 481,106 in 2017.

On its website, the University of Farmington advertised an innovative STEM curriculum that would prepare students to compete in the global economy, and flexible class schedules that would allow them to enroll without disrupting their careers. The Michigan-based school touted the number of languages spoken by its president (four) and the number of classes taught by teaching assistants (zero.) Photos of the campus showed students lounging around with books on a grassy quad, or engaged in rapt conversation in its brightly-lit modern library. Tuition was relatively reasonable – $8,500 a year for undergraduates and $11,000 a year for graduate students.

“Located in the heart of the automotive and advanced manufacturing center of Southeast Michigan, the University of Farmington provides students from throughout the world a unique educational experience,” the site informed prospective applicants.

But there were no classes taking place at the university, which employed no instructors or professors. In court filings that were unsealed Wednesday, federal prosecutors revealed that the school’s employees were actually undercover agents working for U.S. Immigration and Customs Enforcement. The fake university had been set up in 2015 as part of an elaborate sting operation aimed at ensnaring foreign nationals who had initially come to the United States on student visas. Its “campus” consisted of a small office in a corporate park in the northwestern Detroit suburb of Farmington Hills, Michigan, with no quad or library in sight.

The phony university was “being used by foreign citizens as a ‘pay to play’ scheme,” prosecutors allege. After forking over thousands of dollars, students would provide immigration authorities with evidence that they were enrolled in a full-time educational program. They could then continue to live and work in the United States under a student visa. But since the University of Farmington didn’t actually exist, they didn’t have the hassle of writing papers, taking tests or showing up to class.

Students knew that the scheme was illegal, “and that discretion should be used when discussing the program with others,” prosecutors wrote in their indictment, which was filed Jan. 15 in the U.S. District Court for the Eastern District of Michigan.

According to the Detroit News, which first reported on the undercover operation, dozens of University of Farmington students were arrested on immigration violations on Wednesday as part of a massive nationwide sweep, and are now potentially facing deportation. In addition, eight people who allegedly worked as “recruiters” for the school and collectively helped at least 600 students to remain in the country under false pretenses now face federal conspiracy charges.

The Department of Homeland Security’s list of certified schools where international students can enroll includes the University of Farmington. And the school made some pretense of being a legitimate institution. Before Wednesday night, when the school’s Facebook and Twitter accounts were abruptly deleted, posts on social media notified students about school cancellations due to an ice storm, and advertised an upcoming admissions fair. It had a Latin motto – “Scientia et Labor,” meaning “Knowledge and Work” – and a handful of positive online reviews from people claiming to be satisfied alumni.

But no one enrolled at the university was making progress toward a degree, the indictment said. The “unique educational experience” promoted on the school’s website apparently consisted of not going to school at all.

There were some clues that not everything was aboveboard. The school’s website never said how many enrolled students it had, though it claimed that they came from all 50 states and 47 countries. It didn’t name the university’s president or the year when the school was founded. As the Detroit News’s Robert Snell noted on Twitter, a photo showing a diverse group of students deep in concentration came from Shutterstock. The university claimed to be accredited by the Accrediting Commission of Career Schools and Colleges, but did not appear in an online directory of accredited institutions on the organization’s website.

According to prosecutors, students were well aware that the school was a fraud. They allegedly chose to enroll anyway because doing so would allow them to remain in the country on F-1 nonimmigrant visas, which allow foreign citizens to temporarily reside in the United States while studying accredited academic institutions.

Khaalid Walls, a spokesman for ICE in Detroit, told local news station WXYZ that the students had entered the United States legally on F-1 visas after being accepted to legitimate schools, and had later transferred to the University of Farmington.

The federal indictments name eight people in eight states who allegedly worked as recruiters for the school. All have been arrested and charged with conspiracy to commit visa fraud and harboring aliens for profit. They face a maximum sentence of five years in prison.

The eight recruiters allegedly helped create fraudulent records, including transcripts, that students could give to immigration authorities. Authorities contend that they collectively accepted more than $250,000 in kickbacks for their work, not realizing that the payments were actually coming from undercover agents who worked for Homeland Security Investigations, a division of ICE.

“We are all aware that international students can be a valuable asset to our country, but as this case shows, the well-intended international student visa program can also be exploited and abused,” Matthew Schneider, the U.S. Attorney for the Eastern District of Michigan, said in a statement emailed to media outlets on Wednesday.

This isn’t the first time that the feds have set up a fake university with the goal of rooting out visa fraud. Calling “pay to stay” a national security threat, officials announced in April 2016 that they had charged 21 people with recruiting international students who paid to enroll at the made-up University of Northern New Jersey so that they could get student visas. More than a dozen students who partook in the scheme later told the New York Times that they felt they had been deceived by the government.

Many of the students who enrolled at the University of Farmington appear to be Indian nationals who belong to the Telugu ethnic group. The American Telugu Association said in a Wednesday  statement that “scores of Telugu students nationwide” had been arrested in early-morning raids, and that the organization was attempting to provide them with legal guidance.

As the News noted, the undercover investigation seems to have ramped up one month after President Trump took office. While the fake university was set up in 2015, it wasn’t until February 2017 that HSI agents began posing as university officials, the indictment said. The undercover operation, nicknamed “Paper Chase,” continued until earlier this month.

The Indian embassy has appointed a nodal officer to handle and coordinate all issues related to helping Indian students affected by the busting of the “pay-and-stay” racket run by a group of Indians that has put some 600 students under trouble.

The Indian embassy in the US has opened a 24/7 hotline to assist 129 Indian students arrested by the American authorities in the “pay-and-stay” university visa scam, officials have said. The two numbers – 202-322-1190 and 202-340-2590 – would be manned by senior embassy officials round the clock, officials said on Friday. The arrested students, their friends and family members can contact the embassy at cons3.washington@mea.gov.in.

US switches to new H-1B system that favors foreigners in American colleges

The US announced that starting April 1, it will switch to a new system for processing H-1B petitions that will give priority to foreign workers with advanced degrees from an American institution of higher education, over those hired abroad, in India, China and other countries.

The new system will also introduce electronic registration of petitions, which, however, will be suspended for the upcoming H-1B 2020 season that will typically kick off from April 1.

The United States has announced that starting April 1, it will switch to a new system for processing H-1B petitions that will give priority to foreign workers with advanced degrees from an American institution of higher education, over those hired abroad, in India, China and other countries.

The new system will also introduce electronic registration of petitions, which, however, will be suspended for the upcoming H-1B 2020 season that will typically kick off from April 1.

The switch in the selection process is expected to increase the number of beneficiaries with advanced degrees from US institutions by an estimated 16% (or 5,340 workers). It is in line with President Donald Trump’s repeated assertions in support of merit-based immigration.

Francis Cissna, director of the US Citizenship and Immigration Services (USCIS), which runs the H-1B visa programme, gave a nod to Trump in a statement announcing the new rule and said, “US employers seeking to employ foreign workers with an American masters or higher degree will have a greater chance of selection in the H-1B lottery in years of excess demand for new H-1B visas.”

Trump had himself signalled the new rule in a tweet earlier this month in which he had said “changes are soon coming which will bring both simplicity and certainty to your stay, including a potential path to citizenship”. And, he had added, “We want to encourage talented and highly skilled people to pursue career options in the US.”

The US grants 65,000 visas to foreigner workers hired abroad for speciality professions sponsored by American employers every year under a congressionally mandated cap. Another 20,000 visas are granted to foreigners with advanced degree from US colleges and universities.

More than 70% of the total visas go to Indian beneficiaries hired by both US companies such as Amazon, Microsoft and Google, and US arms of Indian outsourcing giants such as Infosys, TCS and Wipro.

Majority of U.S. Public Supports High-Skilled Immigration But U.S. trails other economically advanced nations in share of immigrants with high skills

Like publics in other economically advanced countries with a high number and share of immigrants, a majority of Americans support encouraging the immigration of high-skilled people into the United States, according to a new survey of 12 countries by Pew Research Center in spring 2018.1

Roughly eight-in-ten U.S. adults (78%) support encouraging highly skilled people to immigrate and work in the U.S., a percentage that roughly matches or is exceeded by Sweden, the United Kingdom, Canada, Germany and Australia.

Smaller majorities share this positive view of high-skilled immigration in France, Spain and the Netherlands. Among the countries analyzed, only in Israel (42%) and Italy (35%) do fewer than half back high-skilled immigration.

Across the 12 countries, younger adults, more highly educated adults and adults with higher incomes tend to be more supportive of encouraging highly skilled people to immigrate to their countries – findings that are generally in line with other surveys on attitudes toward immigrants and immigration. (See Appendix B for demographic breakdowns.)

The Pew Research Center survey also reveals that even among people who would like to see overall immigration reduced, half or more in all but the Netherlands, Israel and Italy support encouraging high-skilled immigration.

More than a third of U.S. immigrants are highly educated, ranking the country in middle of similar advanced economies with high immigration

Among surveyed countries, in only two – Canada and Australia – do highly educated immigrants make up the majority of the foreign-born population, based on analysis of 2015 government censuses and labor force surveys.2

In the U.S., just over a third (36%) of immigrants ages 25 and older are college educated, ahead of Spain, Netherlands, France, Germany, Greece and Italy among the 12 countries, but behind the UK, Israel and Sweden.

Moving beyond surveyed countries, the share of the U.S. immigrant population with a college degree still ranks among the middle of 20 economically advanced countries that have 500,000 or more immigrants and populations that are about 10% or more foreign born (see Appendix B for more educational data by country).

It’s important to note that while the share of college-educated immigrants in the U.S. trails those of some other countries, the U.S. is home to the largest number of college-educated immigrants in the world. As of 2015, the U.S. had some 14.7 million immigrants ages 25 and older with a postsecondary diploma or college degree. This is more than three times the number in Canada (4.4 million) and about four times as many as the UK (3.4 million). Other countries with high numbers of college-educated immigrants include Australia (3.0 million), Germany (2.0 million) and France (1.8 million).

Despite trailing some other economically advanced countries, the U.S. immigrant population is better educated than ever, due in part to increased schooling in origin countries and a boost in high-skilled workers arriving from Asia and Africa.

Depending on country or region of origin, U.S. immigrant groups vary in their overall education levels. In 2015, fewer than one-in-ten (9%) Mexican immigrants ages 25 and older – the largest origin immigrant group in the U.S. – are college-educated. By contrast, more than half of immigrants from China (52%) and India (80%), the next two largest origin groups in the U.S., have a postsecondary education. Meanwhile, many sub-Saharan African immigrants in the U.S. are highly educated, often exceeding average education levels in the U.S.

How highly educated immigrants enter and stay in the U.S.

There are several ways for highly educated immigrants to enter the United States. Each year, thousands of highly educated foreigners temporarily work in the U.S. under the federal government’s Optional Practical Training (OPT) program and H-1B visa programs, the two largest sources of temporary, highly educated immigrant workers. Other highly educated immigrants enter or stay in the U.S. as lawful permanent residents, or immigrants with “green cards” (some of whom entered through family reunification visas).

There were nearly 1.5 million foreign graduates of U.S. colleges and universities who obtained authorization to remain and work in the U.S. through the Optional Practical Training between 2004 and 2016. The OPT program was developed to allow foreign students studying in the U.S. under student, or F-1, visas to gain practical work experience after graduating from a U.S. college or university. There are no limits on the number of foreign student graduates that can participate in the program. OPT participants can work between 12 and 36 months after graduation, depending on whether they have a STEM (science, technology, engineering or math) degree.

Between 2004 and 2016, there were about 1.5 million initial approvals in the H-1B visa program, the primary way that companies in the U.S. hire highly educated foreign workers, with most entering the U.S. from abroad. These are temporary visas that are awarded to employers on a first-come, first-served basis, with applications accepted each year beginning in April. H-1B visas are issued for up to six years and are renewable if the H-1B visa holder has a pending permanent residency (green card) application filed.

The U.S. government granted more than 14 million green cards from fiscal years 2004 to 2016 for lawful permanent residence based on a complex system of admission categories and numerical quotas. The majority (66% in fiscal 2017) went to immigrants who are sponsored by family members – either immediate family or other relatives of U.S. citizens – and a further 13% went to refugees or asylum seekers. There is no educational requirement for people applying as a family member of a U.S. citizen or coming into the country as a refugee or asylum seeker. Employment-related categories (including those with employment-based green cards, workers’ family members and those previously sponsored under the H-1B visa program) accounted for 12% of 2017 issued green cards. There is a limit on the number of family-sponsored and employment-based green cards that can be issued to immigrants from any one country in a fiscal year (currently set at no more than 7%). This has contributed to long wait times for certain nationalities, such as Indians or Mexicans, with these potential immigrants waiting for up to 10 years or more for their green cards, depending on the admission category.

78% Americans support high-skilled immigrants to US: Survey

A new survey shows that majority of Americans support high-skilled immigration contrary to a perception that high-skilled immigrants are displacing Americans as argued by the Trump administration to overhaul the H-1B programme, a major route for foreign professionals.

A new survey shows that majority of Americans support high-skilled immigration contrary to a perception that high-skilled immigrants are displacing Americans as argued by the Trump administration to overhaul the H-1B programme, a major route for foreign professionals.

Roughly eight in ten adult Americans — 78% — support encouraging highly skilled people to immigrate and work in the US, a report by Pew based on a survey of 12 countries said on Tuesday.

The support was around the same as in other advanced countries, but lower than in Sweden (88%) , the United Kingdom (85%), Canada (84%), Germany (81%) and Australia (79%).

The finding for the United States runs contrary to negative perception of the H-1B visa programme, which is a major route for high-skilled immigrants, among critics who say it has been misused to displace Americans with cheaper workers provided by outsourcing companies.

Supporters of the programme have argued it helps American companies make up for the shortage of locally available hands.

Siding with the critics, the Trump administration is in the midst of overhauling the system by raising the bar to qualify as highly skilled, and tightening rules for entry of foreigners in US schools and colleges, which industry sources say, have made the process cumbersome, unpredictable and expensive.

Asked about this gap between the opposition and public support, Pew senior researcher Phillip Connor, who also co-authored the report, said, “Those in the US who have more education are more likely to support the immigration of highly skilled people. Similarly, those in the US with a higher income are more likely to support the immigration of highly skilled people.”

Thousands of foreign professionals enter the US workforce every year through optional practical training (OPT) for students and H-1B. A large number of them stay on, if sponsored, by their employers to join the queue for citizenship, going first through acquiring permanent residency (Green Card).

There is a long waiting period for Indian applicants for Green Card, with one estimate putting over 100 years, because of backlog that piles up higher every year, because of a system that places a country-cap, a limit on the number of Green Cards given to people from any one country. And efforts are on to find a solution, legislatively, as the debate continues on the advantages and disadvantages of high skilled immigration.

SAKHI holds 2019 Women’s March

On Saturday, January 19, 2019, leading NYC-based immigrant women’s advocacy organization, Sakhi for South Asian Women (Sakhi), commenced their 30th Anniversary with their participation in the 2019 Women’s March on both New York City and Washington, D.C.

As an official partner of the March on NYC and a Steering Committee member of the March on D.C., Sakhi convened 35 supporters and allies to advocate for progressive local and national discourse around equity and inclusivity. “It is a privilege to be able to march with my community”, says Sarika Patel, a member of Sakhi’s contingent. “The negative news we see and hear everywhere makes it so easy to feel discouraged. But, the sheer quantity of people who came out to march today is testament to the fact that there is never a shortage of like-minded individuals committed to change.”

Sakhi exists as the second-oldest South Asian women’s organization in the United States and recognizes that systemic impact demands the power of a collective. “This is an immensely critical time for women’s empowerment and gender justice,” says Executive Director, Kavita Mehra. “This administration’s continuous abuse of power must be met with accountability and we will continue mobilizing with our allies and supporters. The Women’s March provided us with the opportunity to advance a meaningful agenda that protects our communities from attacks on our dignity and self determination.”

Since its inception, Sakhi has responded to more than 10,000 survivors of violence and consistently mobilized New York City’s South Asian immigrant community to take a stand against abuse. Throughout 2019, the organization will highlight their 30 years with celebratory events across the city.

H1-B Visa regulations bring ‘good news’ for Indian students

The US should select the “very best” among the applicants under the H-1B visas, the Trump administration told lawmakers Thursday, asserting that it was determined to ensure that the temporary work permits, most sought by Indian IT companies, do not harm domestic workers.

The H1B visa, popular among Indian IT companies and professionals, 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.

Perhaps no other visa category has received as much attention in recent years as the H-1B, as reports of abuse of the program have caused outrage among the public, Homeland Secretary Kirstjen Nielsen told members of the powerful Senate Judiciary Committee during a Congressional hearing.

“No qualified hardworking American should be forced to train their H-1B replacement, and then let go,” she said.

“The number of H-1B petitions routinely exceeds the statutory cap, and among that pool of petitions, we should endeavour to select the very best for the privilege of coming to the United States for work,” Nielsen said.

The Department of Homeland Security seeks to ensure that American workers are not pushed aside for the promise of cheaper, foreign labour, and the employers, recruiters or any of their agents do not exploit foreign workers, she said.

The Trump administration has stepped up its measures to detect employment-based visa fraud and abuse, but certain nonimmigrant visa programs need reform in order to protect American workers better, she said.

“While current law only requires it for certain employers, which are few in number and can easily meet the wage and degree exemption, all employers should be required to certify that they have made a good faith effort to recruit US workers before filing an H-1B petition, and have offered jobs to qualified and available American applicants,” Nielsen said.

Although current law prohibits some H-1B employers from displacing US workers, there are loopholes that must close, she told the members of the Senate Judiciary Committee.

“We have to make sure the H-1B programme does not harm American workers who may be as qualified and willing to do jobs that foreign workers are imported to fill,” she said.

As per US President Donald Trump’s ‘Buy American, Hire American Executive Order, the Department of Homeland Security is reviewing current guidance and regulation for opportunities to protect American workers while also providing good faith employers the opportunity to recruit H-1B workers where needed.

“This balance is consistent with the statute and President Trump’s priorities. We also seek to work with Congress to make legislative changes that would provide more protections to the United States workforce,” Nielsen said.

Hindus are fourth-largest population in US

Fueled by immigration, America’s Hindu population has reached 2.23 million, an increase of about one million or 85.8 percent since 2007, making Hinduism the fourth-largest faith, according to estimates based on wide-ranging study of religions in the nation.
The proportion of Hindus in the US population rose from 0.4 percent in 2007 to 0.7 percent last year, according to the Pew Research Center’s “Religious Landscape Study” published on Tuesday last week.
The study only gave the percentage shares of Hindus in the population, rather than numbers, but calculations by media outlets using the population proportions in the report and census projections showed that the number of Hindus rose from 1.2 million in 2007 out of a total US population of 301.2 million that year to 2.23 million in 2014 in a population of 318.88 million. This amounts to an increase of 1.03 million or 85.8 percent in the Hindu population during the seven-year period.
Pew said that it may have underestimated the size of the Hindu population. An earlier report from Pew on the future of world religions in April said that by 2050, Hindus would make up 1.2 percent of the US population and number 4.78 million. This would make the US Hindu population the fifth largest in the world.
Looking at the socio-economic profile of Hindus, the new Pew report said they had the highest education and income levels of all religious groups in the US: 36 percent of the Hindus said their annual family income exceeded $100,000, compared with 19 percent of the overall population. And 77 percent of Hindus have a bachelor’s degree compared to 27 percent of all adults and 48 percent of the Hindus have a post-graduate degree.
The Christian population in the US fell by 7.8 percent during the seven-year period, from 78.4 percent in 2007 to 70.6 percent last year, the Pew study said. That works out to about 11 million fewer Christians. However, “Christians remain by far the largest religious group in the United States, but the Christian share of the population has declined markedly,” the report said.
Underlying the change, there was a marked increase in the number of people who say they have “no particular religion,” the study reported. About 23 percent of American adults fell into this category, up seven percent from the 16 percent in 2007. Included in this broad category are atheists who make up 3.1 percent of the total US population and agnostics, four percent.
Compared to Christianity, the others are miniscule despite the increases. The second largest religion is Judaism, which accounts for 1.9 percent of the population, with an increase of 0.2 percent, the study found. It is followed by Islam with a 0.9 percent share of the population, up by 0.5 percent. Buddhism ties for the fourth place with Hinduism at 0.7 percent.
The US census does not ask questions about religion. The Pew Research Center, an independent Washington-based organization, surveyed more than 35,000 people across the US to fill this gap and arrive at the statistics.
The rising trend of Hinduism in the US contrasts with that in India. The Pew report released in April said that the share of Hindus in the Indian population was expected to decline by 2.8 percent, from 79.5 percent in 2010 to 76.7 percent in 2050 even though their numbers were projected to grow to almost 1.3 billion by that year in a total Indian population of nearly 1.7 billion.
Only 10 percent of the Hindus are converts, with Catholics and unaffiliated each accounting for 3 percent. Hindus are least likely to convert to other religions, according to the report: Of all the America adults who said they were raised as Hindus, 80 percent continued to adhere to Hinduism. Of those born Hindu, who did not any longer identify themselves as Hindus, 18 percent said they had no religious affiliation (a category that includes atheists and agnostics), and only one percent joined Christian Protestant sects.
Rajan Zed, the Nevada-based president of the Universal Society of Hinduism, attributed the high retention rate of Hinduism to “the focus on inner search, exploring the vast wisdom of scriptures and making spirituality more attractive to youth and children.”
The Hindu community in America is continuing with the traditional values of hard work, higher morals, stress on education, and sanctity of marriage amidst so many distractions. These are the highlights of the Hindu community profile in the report:
* Hindus have the lowest divorce rate of only 5 percent.
* Hindus are least likely to marry outside their religion: 91 percent have a spouse or partner who is a fellow Hindu.
* The median age of Hindu adults is 33 years.
* Five percent of San Francisco’s population is Hindu and three percent of New York City’s.
* Most Hindus live in the West (38 percent) and the Northeast (33 percent).
An anomaly in the report is that 62 percent of Hindus are men and 38 percent women, a difference of 24 percent, which may be due to the pattern of immigration.

NRIs to be impacted by Trump’s proposed ‘public charge’ rule

President Donald Trump’s proposed “public charge” rule will disproportionately impact the Indian and Bangladeshi communities, especially children, elderly, poor, those with limited English proficiency and those suffering from medical conditions/disabilities, from establishing legal permanent residency in the United States.

The Trump administration has published its proposed changes to the public charge rule, which would penalize immigrants seeking permanent status for using certain public benefits. The draft rule is undoubtedly serious: It discriminates against families, has accelerated a “chilling effect” already hindering program enrollment, and marks the next step in the president’s ongoing immigrant crackdown.

Officials of the Asian American Federation, at a press conference with the New York City’s Mayor’s Office of Immigrant Affairs and Human Resources Administration, on November 30th, in New York City, shared their concerns about the impact of the new policy by Trump.

The proposed rule will also restrict legal immigration from Asia, along with hurting those who are already living in the US and wish to adjust their status to permanent residency. The public charge rule will have a major impact on South Asian immigrant communities, as more than 10 percent of all green card applicants are from South Asia, as of the years 2016, officials said.

Officials pointed out that nearly 472,000 or 10% of the approximately five million South Asians in the US live in poverty. Among South Asian Americans, Pakistanis (15.8%), Nepali (23.9%), Bangladeshis (24.2%), and Bhutanese (33.3%) had the highest poverty rates. Bangladeshi and Nepali communities have the lowest median household incomes out of all Asian American groups, earning $49,800 and $43,500, respectively.

Nearly 61% of non-citizen Bangladeshi families receive public benefits for at least one of the four federal programs including TANF, SSI, SNAP, and Medicaid/CHIP; and 48% of non-citizen Pakistani families and 11% of non-citizen Indian families also receive public benefits.

On a citywide basis, the de Blasio Administration preliminary analysis has found that, if enacted, the proposal could result in an annual loss of $235 million in Supplemental Nutrition Assistance Program (SNAP, or “food stamps”), Cash Assistance, and Supplemental Security Income and the state supplement (SSI/SSP), if just 20% of the approximately 274,000 non-citizen New Yorkers currently receiving these benefits were to withdraw from participation.

It would also lead to an additional loss of $185 million in related economic activity, if the same group of New Yorkers were to withdraw from receiving these three named benefits.

The officials urged communities to note the fact that the proposed rule is not in effect and still has to go through a public process and public comments are being accepted for the Federal Register Notice up until Monday, December 10.

“Unique comments are highly recommended and must be submitted in English. We encourage those who need help translating their stories into English to reach out to their local community organizations. It’s important to tell individualized stories and arguments for how this affects you, your loved ones, and your community,” they said.

“This proposed rule from the Trump Administration is a direct attack on our City’s core values and the lifelines that millions of hard-working New Yorkers rely upon every day. We will not stand for it. We at DSS remain committed to connecting all New Yorkers in need to the benefits for which they are eligible, ensuring they can put food on the table and make ends meet, no matter where they’ve come from,” Department of Social Services Commissioner Steven Banks, said, in the press release.

A press release listed these websites, to help in writing comments before submission:

https://www.nyic.org/fight-changes-public-charge/

https://www1.nyc.gov/site/immigrants/help/legal-services/public-charge.page

https://aapiprogressiveaction.salsalabs.org/publiccharge-individual/index.html

The Consulate General of India, Chicago launched the Passport Seva Program

Chicago IL: The Passport Seva Program has brought in a huge transformation towards delivery of Passport Services in India. This has seen a sea change in last 4 œ years.

In the year 2017, there was a 19% growth in passport related services. The monthly submission of applications has crossed one million marks for the first time. More than six crores passports have been issued through the Pasport Seva system. The Ministry took many significant steps to improve the service delivery experience for the citizens. Not only did the work of simplifying Passport rules has been achieved with the same vigour but passport services have also been taken closer to the doorsteps of the citizens. The Ministry with Department of Posts took the decision to start Passport Seva Kendars in Head Post Offices. As a result, 236 Post Office Passport Seva Kendras (POPSKs) have been operationalised as on date and many more are in pipeline. This when added to 36 Passport Offices and 93 erstwhile Passport Seva Kendras makes a total of 365 Passport Offices for public.

The Ministry has initiated the integration of Passport Seva Program at all Indian Embassies and Consulates across the globe. As part of this initiative, the Ministry successfully initiated the Pilot at High Commission of India, London followed by Consulate General of India, Birmingham and Edinburgh.

In the United States of America, the Ministry has completed the implementation of this program at its Embassy in Washington, D.C., CGI New York, CGI San Francisco, CGI Atlanta and CGI Houston. It is a matter of great pleasure for the Ministry to launch the Global Passport Seva Program at Consulate General of India, Chicago for the Indian diaspora residing here, thus making all Indian Consulates and Embassy located in the US, live with the new system. The new system will help in easy and convenient application submission process, will usher-In standardization, digital overhauling, end-to-end status tracking and enhance security.

The Government of India planned to roll out the Global Passport Seva Program at all Indian Embassies/ Consulates within next 3-4 months.

“Share our pride: celebrate our work place”

Merit-Based Rule for More Effective and Efficient H-1B Visa Program

The Department of Homeland Security (DHS) has announced a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under the proposed rule, USCIS would also reverse the order by which USCIS selects H-1B petitions under the H-1B cap and the advanced degree exemption, likely increasing the number of beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected for an H-1B cap number, and introducing a more meritorious selection of beneficiaries.

The H-1B program allows companies in the United States to temporarily employ foreign workers in specialty occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelors or higher degree in the specific specialty, or its equivalent. When USCIS receives more than enough petitions to reach the congressionally mandated H-1B cap, a computer-generated random selection process, or lottery, is used to select the petitions that are counted towards the number of petitions projected as needed to reach the cap.

The proposed rule includes a provision that would enable USCIS to temporarily suspend the registration process during any fiscal year in which USCIS may experience technical challenges with the H-1B registration process and/or the new electronic system. The proposed temporary suspension provision would also allow USCIS to up-front delay the implementation of the H-1B registration process past the fiscal year (FY) 2020 cap season, if necessary to complete all requisite user testing and vetting of the new H-1B registration system and process. While USCIS has been actively working to develop and test the electronic registration system, if the rule is finalized as proposed, but there is insufficient time to implement the registration system for the FY 2020 cap selection process, USCIS would likely suspend the registration requirement for the FY 2020 cap season.

Currently, in years when the H-1B cap and the advanced degree exemption are both reached within the first five days that H-1B cap petitions may be filed, the advanced degree exemption is selected prior to the H-1B cap. The proposed rule would reverse the selection order and count all registrations or petitions towards the number projected as needed to reach the H-1B cap first. Once a sufficient number of registrations or petitions have been selected for the H-1B cap, USCIS would then select registrations or petitions towards the advanced degree exemption. This proposed change would increase the chances that beneficiaries with a master’s or higher degree from a U.S. institution of higher education would be selected under the H-1B cap and that H-1B visas would be awarded to the most-skilled and highest-paid beneficiaries. Importantly, the proposed process would result in an estimated increase of up to 16 percent (or 5,340 workers) in the number of selected H-1B beneficiaries with a master’s degree or higher from a U.S. institution of higher education.

USCIS expects that shifting to electronic registration would reduce overall costs for petitioners and create a more efficient and cost-effective H-1B cap petition process for USCIS. The proposed rule would help alleviate massive administrative burdens on USCIS since the agency would no longer need to physically receive and handle hundreds of thousands of H-1B petitions and supporting documentation before conducting the cap selection process. This would help reduce wait times for cap selection notifications. The proposed rule also limits the filing of H-1B cap-subject petitions to the beneficiary named on the original selected registration, which would protect the integrity of this registration system.

On April 18, 2017, President Trump issued the Buy American and Hire American Executive Order, instructing DHS to “propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of U.S. workers in the administration of our immigration system.” The EO specifically mentioned the H-1B program and directed DHS and other agencies to “suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.”

Additional information on the proposed rule is available in the Federal Register. Public comments may be submitted starting Monday, December 3, when the proposed rule publishes in the Federal Register, and must be received on or before January 2, 2019.

India’s fastest Train 18 to be launched on Dec 25 between New Delhi-Varanasi

With the Train 18 speeding up to 180 kmph between Kota junction and Kurlasi station during a trial on Sunday, efforts are on to launch the first indigenously-built Trainset on December 25 between New Delhi and Varanasi.

“Christmas Day also happens to be the birthday of late Prime Minister Atal Bihari Vajpayee and it would be a tribute to the great statesman if we manage to launch the next-generation train on that day,” a senior railway official told IANS.

Since the input cost of the Rs 100-crore train is high, the fare structure will be also be higher than the normal fare.

However, the official added that the decision on its launch date and fare were yet to be taken as the trial was not yet complete.

According to the tentative plan, the train will start from New Delhi station at 6 a.m. and is expected to reach Varanasi, Prime Minister Narendra Modi’s parliamentary constituency, at 2 p.m.

For the return journey, the train will start at 2.30 p.m., from Varanasi and reach the national capital at 10.30 p.m.

It was a thrilling experience onboard Train 18 during the various trials on Sunday — including a speed run on a straight track, speed test on one degree curve at 150 kmph, and two degree curve at 140 and 150 kmph — on the 113 km stretch from Kota to Kurlasi under the watchful eyes senior railway officials as well as those from the national transporter’s Research Design and Standards Organisation.

Ladoos were distributed in the train when it clocked 180 kmph. The first sweets were offered to loco pilot Padam Singh Gurjar and his assistant Onkar Yadav.

“We are quite excited to be part of this great occasion,” Padam Singh told IANS after having the sweet. I feel proud to be part of this historic trial,” added Yadav.

It was a smooth ride for those inside — occupying rotating seats to match the direction of the train – as the Train 18 became the first train to touch such high speed on the Indian rail network.

The train started its trial run at 9.30 a.m., from Kota, and returned to the junction at 6 p.m., after negotiating several rivers, bridges and curves. The Trainset does not require a locomotive as it is a self-propelled on electric traction, like metro trains.

Now the Trainset has to undergo what is called a long confirmatory run and also test its emergency braking distance before it gets a clearance from the Commissioner, Railway Safety (CRS), for commercial operations to commence.

“We are expecting the trials to be over in a week and after that we will seek CRS clearance,” said the official.

Although the speed touched 180 kmph during Sunday’s trial run, the Train-18 will only be allowed to run at a maximum speed of 160 kmph in its commercial operations.

After the successful completion of 115 kmph test run on the Bareli-Moradabad section last week, the next-generation train — indigenously developed at Chennai’s Integral Coach Factory — is required to undergo the 180 kmph trial run here till December 4.

Equipped with world class facilities, the Rs 100 crore Trainset aims to take passenger-comfort to a new level with onboard WiFi, a GPS-based information system, touch-free bio-vacuum toilets, LED lighting, mobile charging points, and a climate control system that adjusts the temperature according to occupancy and weather.

The 16-coach train will have two executive compartments with 52 seats each, and trailer coaches will have 78 seats each. (IANS)

India streamlines passport delivery at its embassy and consulates in US

India’s Minister of State for External Affairs Gen. V.K. Singh launched the ‘Passport Seva Service’, a new initiative to streamline passport delivery services to Indian citizens living in the United States, with inaugurations in New York, Washington, D.C. and Atlanta, Georgia, last week. The program will be launched at Indian consulates in Houston, Chicago and San Francisco in the next two weeks.

The Ministry of External Affairs has over the years taken many significant steps to improve the delivery of passport related services. The ‘Passport Rules’ for one, has been simplified to a large extent. The passport services have also been taken closer to the doorsteps of citizens.

Padma Shri Dr. Sudhir Parikh, Founder and Chairman of Parikh Worldwide Media, presented a copy of the new issue of the magazine US-India Global Review, published by the New York-based Parikh Foundation for India’s Global Development, to India’s Minister of State for External Affairs Gen. V.K. Singh, at the launch of
the ‘Passport Seva Service’ at the Indian Consulate in New York, on November 21, 2018. (Gunjesh Desai/ nayaface.com)

In India, the Ministry of External Affairs together with the Department of Posts took the decision to start Passport Seva Kendras in Head Post Offices as well. As a result, 236 Post Office Passport Seva Kendras are in operation and many more are in the pipeline. This, when added to 36 Passport Offices and 93 erstwhile Passport Seva Kendras makes a total of 365 Passport Offices available for the public, according to a statement by the government.

The Passport Seva Program since its inception has brought huge transformation towards delivery of passport services in India. The ministry also initiated the integration of Passport Seva Program at all Indian embassies and consulates across the globe.

As part of this initiative, the ministry successfully initiated the pilot program at the High Commission of India, London, followed by the Consulate General of India in Birmingham and in Edinburgh. The Government of India plans to roll out the Global Passport Seva Program at all Embassies/ Consulates globally within the next three-to-four months, according to a press release.

Singh inaugurated the Passport Seva Service at the Consulate General of India in New York on November 21. Over the weekend, he launched it also at the Embassy of India in Washington, DC, and at the Consulate General of India in Atlanta.

Singh also attended a community reception for him at the TV Asia studios in Edison, New Jersey, where he talked about the new service. Present at the meet were several prominent community leaders, including Padma Shri Dr. Sudhir Parikh, the Founder and Chairman of Parikh Worldwide Media, Padma Shri H R Shah, the founder of TV Asia, and Ramesh Patel of the FIA-Tristate area.

An NRI receives their new passport from India’s Minister of State for External Affairs Gen. V.K. Singh, at the launch of the ‘Passport Seva Service’ at the Indian Consulate in New York, on November 21, 2018. (Photo by: Peter Ferreira)

Singh explained that apart from significant reduction in time to process a passport, there will be more efficient digital verification process. The service will also provide enhanced tracking facilities, apart from new security features.

In Washington, Singh handed over passports processed under the new project to five Indians, including two children, with the Indian Ambassador to the US Navtej Sarna looking on. He did the same to families in New York.

Addressing a gathering after launching the ‘Passport Seva’ project at the Indian Embassy in Washington on Saturday, Singh said the passport offices at Indian missions have been digitally linked with the data centers In India, which would speed up the process of issuing passport.

The Deputy Consul General of India in New York Shatrughna Sinha speaking at the launch of the ‘Passport Seva Service’ at the Indian Consulate in New York, on November 21, 2018. (Photo by: Peter Ferreira)

Earlier this week, the Indian mission at New York issued passports in less than 48 hours. “This is going to happen across the world,” Singh said, handing over passports issued under the new project to citizens abroad, reported PTI.

Asserting that in the coming days India will have the best passport services in the world, the minister said there has been a major simplification of rules and regulations for passport applicants and verification of a lot of information of the applicants would be done digitally.

“This is actually going to quantitatively and qualitatively improve our passport services immensely, both in the scope of the applications that can be handled and also in the way they will be handled and the way they will be integrated into the overall much better consular services,” said Sarna, speaking at the launch, in Washington, D.C.

Dr. Sudhir Parikh, speaking at a community reception for India’s Minister of State for External Affairs Gen. V.K. Singh, at the TV Asia studios, in Edison, New Jersey, on November 22, 2018. (Gunjesh Desai/ nayaface.com)

The minister said in the next few months, the Indian government will issue a new set of passports, the design of which has already been approved.

The new passports will have all kinds of security features and better printing and paper quality, Singh said. However, “there will be no change in the color of the Indian passport,” he clarified.

Speaking at the inauguration in New York, Singh said the “Passport Seva was in the government corridor for a long time and only the current government has let it happen.”
He added that Prime Minister Narendra Modi has got “a vision” and “big ideas”.

Padma Shri H R Shah, Founder of TV Asia, speaking at a community reception for India’s Minister of State for External Affairs Gen. V.K. Singh, at the TV Asia studios, in Edison, New Jersey, on November 22, 2018. (Gunjesh Desai/ nayaface.com)

“He has got the capability to take decisions and that is what has helped in bringing the idea of Digital India, and Passport Seva is a part of that. One of the things that the prime minister has emphasized is ‘maximum governance, minimum government’ and Passport Seva is that. We have decentralized it. We have taken it down right to the post offices, we have made things simpler and you do not see something like this in any other governmental department,” Singh said.

“The mission interpretation of the passport services with the Passport Seva Program was much needed. I myself have served as a passport officer and in many cases for people belonging to the Indian diaspora and living abroad for many years, whenever they used to apply for a passport, there would be ordinate delays sometimes because document verification would be delayed, sometimes police verification would be delayed and these delays would be eliminated,” Sinha said.

“Many people come here on a work visa and they stay here for a long time and after getting many visa extensions, the visas may be valid but the passports become invalid so they come to India for the renewal of their passports. With the Passport Seva Program, they don’t even have to do that anymore,” Sinha explained.

Rajesh Dogra, Project Director of the Passport Seva Program, explained that it is an iconic program. “It is a huge transformational program which has really changed the way passport services are delivered to the citizens of India and TCS is very proud to be associated with this path breaking project of the Government of India. We signed the contract in the year 2008, completed the roll out in 2012 and in the last four to five years we have seen a huge change in the way in which passport services have evolved primarily because of the government’s intention to be more citizen centric with changes in the process, as well as changes in the rules or easing out the rules so that a common person can just walk to the passport office and obtain a passport,” Dogra said.

“This program has helped to demystify the passport services in India and TCS has been partner of ministry right from Day 1. We have set up 77 Passport Seva kendras, along with a call center, the entire system application, which we have developed now, and also the changes in applying for a passport, including an app,” Dogra added. “The program gets a 99.5 percent excellent rating from all of the citizens who use it on a day to day basis in India.”

Indians get more UK visas as European Union citizens exit over Brexit

New figures released on Thursday show a rise in the number of visas granted to Indian professionals, visitors, students and family members, but also reflect the Brexit reality of more EU citizens leaving the United Kingdom.

Indians were granted the highest number of visitor visas during the year ending September 2018: up 41,224 (or 10%) to 4,68,923; Chinese and Indian nationals alone accounted for just under half (47%) of all visit visas granted.

The demand for Indian professionals continued during the year, with 55 per cent of all Tier 2 (skilled) visas granted to them, the figures released by the Office for National Statistics show.

The number of Indian students coming to study at UK universities also showed a 33 per cent rise, to 18,735. Chinese and Indian students accounted for almost half of all students visas granted during the year.

There was also an increase in the family-related visas for Indians (up 881 to 3,574). The number of EEA family permits given to Indians (members of families of EU citizens) was also up 4,245 to 8,360, official sources said.

Figures showing more EU citizens leaving than arriving in the UK prompted renewed concern over the impact of Brexit. The net migration from the EU to the UK slumped to a six-year low, while non-EU migration is the highest in more than a decade.

Madeleine Sumption, director of the Migration Observatory at the University of Oxford said: “EU migrants have been leaving in larger numbers since the referendum, and net inflows have greatly decreased”.

“The lower value of the pound is likely to have made the UK a less attractive place to live and work and economic conditions in several of the top countries of origin for EU migrants have improved”.

2400 Indians lodged in US jails for illegally crossing border

As many as 2,400 Indians are languishing in various American jails for illegally crossing the US border to seek asylum in the country, according to the latest figures. These detainees, a significant number of whom are from Punjab, are seeking asylum, claiming that they “experienced violence or persecution” in India.

As many as 2,382 Indians are lodged in 86 jails in the US, according to the information obtained by North American Punjabi Association (NAPA) through Freedom of Information Act. According to figures as of October 10, a total of 377 Indian nationals are detained at California’s Adelanto Immigration and Customs Enforcement (ICE) Processing Center, 269 at Imperial Regional Adult Detention Facility, 245 at the Federal Correctional Institution Victorville, and 115 at Washington State’s Tacoma ICE Processing Center.

“Most of the detainees at the federal facilities are asking for asylum claiming that they ‘experienced violence or persecution’ in their home country,” NAPA president Satnam S Chahal told PTI.

“This is a matter of serious concern that thousands of Indians, with an overwhelming majority of them being from Punjab, are languishing in jails in the US,” he said.

Chahal who has been working in the field for past several years alleged that there is a nexus of human traffickers and officials in Punjab, who encourage a young Punjabis to leave their homes to illegally enter the US and charge Rs 35-50 lakhs from each individual.

Human trafficking is a criminal act which affects the global community and consequently Punjabis are too victims of this episode, he said.

“The Punjabi enthusiasm to migrate to affluent countries in search of greener pastures has given the traffickers to exploit them,” Chahal said.

“Failure to reach their promised destination leads to deportation, exploitation, indebtedness, imprisonment and even death,” he rued.

The NAPA urged the Punjab government to strictly enforce human trafficking laws that have been passed by the State Assembly in recent years.

The Trump administration has introduced a number controversial policies in line with its hardline stance on immigration.

Last week, the administration decided to restrict the entry of illegal migrants who cross the southern border with Mexico to seek asylum in the US.

Air India launches nonstop flight between New York and Mumbai

Air India announced that it will introduce three-times-a-week nonstop service between New York’s JFK International Airport and Mumbai, effective December 7, 2018.

The flights will depart at 11:05 am from JFK on Wednesday, Friday and Sunday on 777-300ER planes. They will arrive in Mumbai at 12:10 pm the following day.

With the current JFK – Delhi daily service, the new flights bring nonstop JFK – India service to 10 flights a week, while increasing total nonstop service from the U.S. to India to 36 nationwide.

These include daily nonstop service from Newark (EWR) to Mumbai and Chicago (ORD) to Delhi, 3x weekly Washington (IAD) to Delhi, and 9x weekly San Francisco (SFO) to Delhi.

All flights offer convenient connections from the U.S. to major cities across India, including Bangalore, Amritsar, Hyderabad, Chennai, Pune and more.

To celebrate the launch of the only nonstop flight between JFK and Mumbai, Air India is offering special fares on the new route, good for travel from December 9, 2018 through May 11, 2019. This offer is available for a limited time.  All Air India’s nonstop flights from the U.S.A. feature First, Business, and Economy Class and a choice of Continental or Indian cuisine served in a style that is distinctly Indian.

“The additional New York to Mumbai nonstop service reflects the growing popularity of India as a business and leisure destination” said Bhuvana Rao, Air India’s Regional Head in the Americas, in a statement. “And for the thriving Indo -American community, the nonstop service and seamless connections to major cities across India provide an important and convenient way to remain connected to families and friends.”

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 125 aircraft, including B787 Dreamliners and B777LR’s and ER’s, is one of the world’s youngest.

For more information, visit www.airindia.in

India sends U.S. its 2nd largest number of foreign students

Despite restrictions on visitors to the US by the Trump administration, foreign students seeking higher education continue to rise. India is the second largest source country of foreign students in the United States after China, according to a new official report.

The biannual report on international student trends, released Oct. 28 by the Student and Exchange Visitor Information System (SEVIS) of the U.S. Immigration and Customs Enforcement, said that India was the second largest source country of foreign students in 2017, with 249,763 students from the country studying in American universities. China sent 481,106 students.

The total number of students from India and China studying in the U.S. was out of a total of over 1.5 million international students studying in various educational institutions in the U.S. in 2017.

“Forty-nine percent of the F and M student population in the United States hailed from either China (377,070 students) or India (211,703 students), and interest continues to grow,” the report said.

“Over the reporting period, both China and India saw proportional growth between 1 and 2 percent, with China sending 6,305 more students and India sending 2,356 more students. It is this level of participation from China and India that makes Asia far and away the most popular continent of origin. In fact, 77 percent of all international students in the United States call Asia home,” the report noted.

China and India together accounted for nearly half of the foreign students in America, followed by three other Asian countries — South Korea (95,701), Saudi Arabia (72,358) and Japan (41,862) — in the top five. Other countries in the top 10 are Canada, Vietnam, Brazil, Taiwan and Mexico.

Despite being second in the overall standing, India topped the list of students with STEM OPT authorization.

While India topped the list of STEM OPT authorization with 50,507 students, China came in second with 21,705 students. They were followed by South Korea (1,670), Taiwan (1,360), and Iran (1,161).

Science, Technology, Engineering and Mathematics (STEM) Optional Practical Training (OPT) program is a 24-month extension of OPT for qualifying students with STEM degrees.

The biannual report, however, said the total number of SEVIS records for active F and M students decreased by 0.5 percent, from 1,208,039 in March 2017 to 1,201,829 in March 2018. The J-1 exchange visitor population increased by 4 percent from 201,408 exchange visitors in March 2017 to 209,568 visitors in March 2018.

Of the four major regions within the continental United States, the Northeast and South hosted the largest number of F and M students and were the only two regions to experience growth over the reporting year. The Northeast welcomed 2 percent more F and M students, while the international student population in the South grew by less than a percentage point.

USCIS for New Policies Adversely Affecting International Students

Four U.S. colleges have filed a lawsuit against U.S. Citizenship and Immigration Services, stating that a new policy which was implemented Aug. 9 adversely impacts international students.

Indians constitute the second-largest population of international students, behind China. About 190,000 students from India are currently studying in the U.S. or completing their Optional Practical Training.

Formerly, students who stayed on after their course of study was completed only began to accrue “unlawful presence” after the Department of Homeland Security issued a formal finding of a status violation, or the day after an immigration judge issued an order of deportation.

But under the new policy, students begin accruing unlawful presence if they stay on even one day post-graduation. Accruing unlawful presence for more than 180 days could bar them from returning to the U.S. for a period of three to 10 years. (See earlier story.) The new policy also expressly prohibits international students from working: even informal jobs such as babysitting are considered to be in violation of the new policy.

The colleges that have filed suit include Haverford in Pennsylvania, the New School in New York, Guilford College in North Carolina, and Foothill-De Anza College in Cupertino, Calif. The lawsuit was filed in district court in North Carolina.

USCIS has said that the new policy is needed to reduce visa overstays. USCIS Director Lee Francis Cissna has previously stated: “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.”

“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.”

But critics state the new policy is unduly harsh on international students, and imposes new burdens on an already-overburdened immigration system.

“Now, when a government official or immigration judge determines that an F, J, or M visa holder is out-of-status, the unlawful-presence clock will be backdated to the day on which defendants conclude that the visa holder first fell out-of-status,” the lawsuit filed against U.S. Citizenship and Immigration Services in the U.S. District Court for the Middle District of North Carolina states.

“The immigration system is beset with processing delays, and many of these status determinations are made when an individual is applying for new immigration benefits. Thus, the new policy’s use of a backdated unlawful-presence clock will render tens of thousands of F, J, and M visa holders subject to three- and ten-year reentry bars without any opportunity to cure,” stated the lawsuit.

The lawsuit filed this week lists “a multitude of ways in which a well-intentioned individual on an F, J, or M visa can be adjudicated out-of-status,” including by failing to alert his or her institution of a change of information, such as a change in address; failing to obtain approval for dropping below a minimum course load; or working without authorization or in excess of the allowable 20 hours on campus per week, reported the Web site Inside Higher Ed.

In addition to errors on the student’s part, the suit says that a student could be wrongly reported out of status because of errors made by a college official in updating the SEVIS database. Another scenario could be that USCIS retroactively determines a student fell out of status on a given date if it found that the student’s work placement through the optional practical training or curricular practical training programs did not meet the letter of the regulations.

The lawsuit states that immigration court backlogs could mean a lot more students accruing unlawful presence as they wait for their cases to be adjudicated.

“We think this is going to snare thousands upon thousands of well-intentioned students who are trying to comply, but mistakes happen or they just can’t predict what USCIS might determine down the road,” Paul Hughes, a partner at the law firm Mayer Brown and the lead lawyer for the four colleges that have sued to challenge the new unlawful-presence policy, told Inside Higher Ed.

US Senator Roger Wicker of Mississippi introduces Bill to expedite H-1B Visas to Doctors

“It is gratifying to inform you that the US Senator Roger Wicker from Mississippi (R), in response to AAPI’s request, has introduced a Bill, S.281, in the US Senate with dozens of his colleagues in the Senate,” said Dr. Sampat Shivangi, Co-Chair AAPI Legislative Committee. “AAPI leadership had met Sen. Roger Wicker in April 2018 and urged him to introduce a Bill in the US Senate expediting the H-1B visa process for Physicians of Indian origin, who are waiting for their Green Card for years and decades. We, at AAPI are grateful to Senator Wicker for heeding to our request and introducing the legislation.”

Dr. Naresh Parikh, President of American Association of Physicians of Indian Origin (AAPI), pointed out that in order to meet the growth in demand and shortage of physicians, the US has looked up to the highly trained and qualified physicians from other countries to meet our growing demand for physicians to meet our nation’s healthcare needs. In this context, AAPI has joined other Medical Association in the country in urging the US to expedite and reduce/eliminate the hurdles for speedy process of the applicants seeking H-1B visa. The J-1 visa to qualified physicians, enabling these foreign-trained physicians to serve our nation’s healthcare needs.

“As the rapidly approaching start date for all GME programs, we at AAPI want to urge the US administration to expedite review of pending H-1B/J-1 Visa applications by non-U.S. International Medical Graduates (IMGs), who have been accepted to postgraduate training programs in order to avoid unnecessary delays,” Dr. Naresh Parikh, President of AAPI, had said in August this year, urging the Trump administration to expedite the visa process for physicians.

American Medical Association (AMA) is in full support of such a bill and has highlighted the plight of such physicians who are struck in the green card backlog.

US Senator Roger Wicker of Mississippi introduces Bill to expedite H-1B Visas to DoctorsDr. Naresh Parikh, joined by the senior leadership of AAPI, presented a Memorandum to the Consul General of India in New York, Ambassador Sandeep Chakravorty. While acknowledging that there is a projected increase in the total number of office visits to primary care physicians from a base of 462 million in 2008 to 565 million in 2025, due to aging of the US population as well as the average number of visits to primary care physicians projected to increase, resulting in higher demands and reduced supply of physicians, pointing that the US will be short by more than 90,000 physicians by 2020 and 130,000 physicians by 2025, AAPI leaders urged the Trump administration to expedite the process for Visas to physicians, enabling them to work for the greater health of the people of this adopted land of theirs.

Fairness for High-Skilled Immigrants Act of 2017 co-sponsored by Sen. Wicker amends the Immigration and Nationality Act to: (1) eliminate the per country numerical limitation for employment-based immigrants, and (2) increase the per country numerical limitation for family-based immigrants from 7% to 15% of the total number of family-sponsored visas.

“Indian-Americans constitute less than one percent of the country’s population, but they account for nine percent of the American doctors and physicians,” Dr. Vinod Shah, President of AAPI’s Legislative Committee, pointed out. “The overrepresentation of Indians in these fields (engineering, IT and medicine) is striking – in practical terms, one out of seven doctors is likely to be of Indian Heritage. They provide medical care to over 40 million of US population,” he added.

“We are much grateful for Senator Roger Wicker for his leadership on this issue where our community of high skilled workers may be engineers or Physicians who are serving in under-served regions in the nation, providing outstanding services to millions of Americans,” he added.

 “Senator Roger Wicker not only has introduced this bill, but has become the Champion and our voice in the US Senate. This US bill S 281 will bring fairness for high skilled, specially our young Physician group and so also to I.T engineers across USA. This is a fairness bill, we all welcome,” Dr. Shivangi added. “Thanks to AAPI and AAPI leadership acting promptly on this issue. I feel this a major achievement for AAPi in the Legislative wing. Of course, the work is only half done as bill has to be moved and voted by entire US Senate and the US Congress,” he added.

American Association of Physicians of Indian Origin (AAPI), the largest ethnic Medical Association in the nation, representing the interests of over 100,000 physicians, Fellows and Residents in the United States, while working closely with the Lawmakers individually, regionally and nationally through our AAPI Legislative Day on Capitol Hill, have consistently supported a comprehensive immigration reform.

Dr. Parikh lauded the efforts of AAPI’s Legislative Wing, in leading the initiatives of AAPI, in bringing to the forefront the issue of expedited Visa process for physicians from abroad, who want to serve in this country. For more information, please visit: www.aapiusa.org

US IT organization sues USCIS for violating H-1B visa policies

ITServe Alliance, a non-profit trade association of over a thousand companies in the IT service sector has sued the United States Citizenship and Immigration services (USCIS) for granting H-1B applicants with visas valid for less than three years.

The lawsuit petition filed by ITServe Alliance claims that there were cases in which the USCIS issued H-1B visas valid for periods shorter than three years. According to the US immigration policies, H-1B visas are granted to applicants for 3-year periods, unless required less by the sponsoring employer.

ITServe Alliance points out in its indictment that USCIS does not hold the authority to act against the US laws by shortening the duration of visas issued.

The Dallas, Texas-based ITServe Alliance, comprised primarily of Indian Americans, noted in its lawsuit that prior to the advent of the Trump administration, USCIS could process H-1B applications – selected via a lottery each year and capped at 85,000 – within six to eight months.

However, the organization stated that in the last 18 months, USCIS is taking eight months or longer, with a greatly-increased number of Requests For Evidence which lengthen the already-lengthy process. “The processing was so slow that many employees lost the work authorization status and had to stop working,” noted ITServe Alliance.

In the case of H-1B extensions, USCIS approved some for very short periods – as low as one day – so that employers had to reapply and file new fees of several thousand dollars, claimed ITServe Alliance. Extensions previously were standardly approved for up to three years.

In many cases, approval notices have been sent after the H-1B work permit has expired and the worker has returned back to the home country, claimed the plaintiffs.

“Like every employer in the IT industry, ITServe members have difficulty hiring enough U.S. workers to meet the demand. Our members seek H-1B visas to fill the gap between the supply and demand for IT professionals in these specialized fields,” ITServe Alliance president Gopi Kandukuri said in a court filing.

These changes seem vindictive to ITServe members who have hired H-1B visa-holders, he said. The cumbersome process has made employers less willing to hire H-1B workers since it is unclear when they can begin work and how long their extension will last.

“Much of our workforce is constantly under a pending request for (an) extension and could at any moment be forced to leave this country after performing the same job for years,” said Kandukuri.

“The delays, and expenses created by Defendant’s policies are compounded by the fact that it has recently changed how it adjudicates and determines what is a ‘specialty occupation’,” stated ITServe Alliance. The Trump administration last year knocked out several types of work in its list of specialty occupations.

In July, ITServe had filed another lawsuit against USCIS against the Trump administration’s decision to restrict foreign workers to operate only from their employer’s premises and not on third-party sites.

Students with advanced degrees from US varsities to get more H-1B visas

The US government has reportedly proposed massive changes to the H-1B visa system, in 2019. A key highlight of these likely changes – which is bound to see a drastic reduction of skilled workers coming in directly from overseas to take up jobs in the US – will benefit greatly foreign students who are either enrolled or have an advanced degree from accredited US educational institutions, especially in the STEM fields of study.
The changes to the H-1B visa system are listed in the Unified Fall Agenda by the Department of Homeland Security (DHS), released on October 17, 2018. The Agenda is published twice a year by the US government, and lists all the short-term regulatory changes they are likely to put into effect. The changes do not require the approval of Congress.
On September 11, the United States Citizenship and Immigration Services (USCIS) suspended premium processing for H-1B visas until February 19, 2019. H-1B visas are granted to highly skilled foreign workers and–more often than not–requested by Silicon Valley tech companies. Formerly, premium processing allowed companies to pay an additional fee to expedite their H-1B visa requests and receive a resolution within two weeks. While processing times vary between facilities, now you can expect to wait anywhere from three to nearly eight months to hear back about a case, according to USCIS. 
“People have already been waiting close to six months and now it looks like the wait will have to be much longer than that,” says Jennifer Y. Lee, an immigration lawyer based in the Bay Area. “Some of these cases could continue until early next year,” she warns.
The DHS states: “Consistent with the Buy American and Hire American, EO 13788’s direction to suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries, this regulation would help to streamline the process for administering the H-1B cap and increase the probability of the total number of petitions selected under the cap filed for H-1B beneficiaries who possess a master’s or higher degree from a U.S. institution of higher education each fiscal year.”
Every year, a total of 85,000 H-1B visas are allocated to foreign workers, of which 20,000 are guaranteed for those who have a post graduate degree from the US, with the other 65,000 going to workers who come directly from overseas. Last year, skilled workers from India got 70% of those 65,000 visas. If applications for the master’s cap exceed the 20,000 quota, then they are pooled with other lottery applicants, in the general category.
According to a Politico report, quoting an unidentified DHS official, the United States Customs and Immigrations Services (USCIS) would in the next lottery put all the master’s cap applicants in the general 65,000-visa pool. If that cap were reached, any additional advanced degree holders would be redirected to the 20,000-visa pool. The administration expects the change could lead to a 15 percent increase in H-1B visa holders with US advanced degrees, said the Politico report.

Indian Govt. considers OCI Card for foreign nationals married to Indians

Foreign-origin spouse of any Indian national or an Overseas Citizen of India (OCI) cardholder will now be eligible for obtaining the privileged OCI card which grants multiple entry, multi-purpose, lifelong visa for visiting the country, the home ministry said Tuesday.
The home ministry has also simplified the process of renunciation of Indian citizenship, providing relief to Indians who have applied for foreign passports.
In a notification, the ministry said a person, who is a foreign-origin spouse of a citizen of India or of an OCI cardholder, and who fulfil the laid down conditions shall be eligible to apply for registration as OCI cardholder. So far, they were not allowed to apply for this facility.
A registered OCI is granted multiple entry, multi-purpose, lifelong visa for visiting India. He or she is exempted from registration with foreign regional registration officer or foreign registration officer for any length of stay in India, an official said.
The person is entitled to general parity with Non-Resident Indians in respect of all facilities available to them in economic, financial and educational fields except in matters relating to the acquisition of agricultural or plantation properties.
The OCI card scheme was launched during the Pravasi Bharatiya Divas convention 2006 in Hyderabad. The scheme provides for registration as Overseas Citizen of India of all Persons of Indian Origin (PIOs) who were citizens of India on January 26, 1950 or there after or were eligible to become citizens of India on January 26, 1950 except who is or had been a citizen of Pakistan and Bangladesh.
The home ministry has also amended the Citizenship Rules, 2009, related to the declaration of renunciation of citizenship.
A declaration of renunciation of citizenship of India shall be made by a citizen of India in the prescribed form and on receipt of the declaration of renunciation of citizenship of India, the authority concerned will process it, the notification said.
On being satisfied about the correctness of the particulars of the declaration made under the relevant rule, the declaration will be registered by the authority concerned and a certificate of renunciation of Indian citizenship will be issued to the declarant, it said.

Infosys, TCS sued in U.S. for underpaying employees, hiring practices

Indian tech giants Tata Consultancy Services and Infosys have been sued in the U.S., over wage discrimination and unfair hiring practices, media reports here stated. These cases in US Courts  follow an earlier lawsuit filed Aug. 15 against TCS and HCL Technologies, which alleged that the Indian multinational giants unfairly favored Indian Americans in its hiring practices.

A lawsuit against TCS filed in August by three U.S. citizens, who allege that the company prefers to bring in Indian H-1B workers even when there are trained U.S. citizens who could fill the positions. The lawsuit in the District Court of New Jersey alleged that TCS also discriminates when it hires locally, disproportionately favoring Indian Americans and South Asian Americans.

In the lawsuit, the plaintiffs alleged that Surya Kant, TCS’ president for North America, and Narasimhan Srinivasan, vice president and head of human resources, devised and implemented a nationwide ‘leadership directive’ to utilize TCS’s visa-ready South Asian employees to the ‘maximum extent’ when filling U.S. positions.”

Anuj Kapoor, a former employee on a CVS project in Rhode Island, filed the suit against Infosys in June, alleging the company made him work more than 1,000 hours of overtime without pay. The company responded in August, stating that the employee was an ‘hourly’ worker on an H1-B visa even though Infosys had listed him as a salaried employee in an application with the Department of Labor, a potential reason for its Wage and Hour Division to look into the case.

Anuj Kapoor alleged that Infosys threatened to send him back to India if he persisted with his wage claim. Kapoor said in his lawsuit that he worked more than 1,000 hours of overtime for which he was not paid. His attorney Thomas Enright told the Providence Journal that the Bangalore-based company has a pattern of ill-treating H-1B workers and foreign-born employees. “Foreign-born workers will consider themselves lucky to be working in the United States,” Enright said, adding, “It’s difficult to get people in that position to step forward.”

Infosys denied Kapoor’s allegations in its response to the lawsuit, saying it had paid the hourly worker the “complete, correct and proper” wages he was due.

According to the lawsuit, Kapoor worked at CVS for 40 hours a week, five days a week. Infosys, however, would require employees to participate in mandatory conference calls and trainings with team members in India after midnight or in the early-morning hours, the suit says.

Kapoor alleged that two managers instructed him not to submit for overtime on his timecard, despite forcing him to work extra hours. One often remarked that the reason a company such as CVS contracted with Infosys was that no American worker would agree to employment that required them to work overtime without compensation, and that Infosys hoped to replace CVS’s primary software vendor, according to the suit.

In 2013, Infosys agreed to pay $34 million to settle a case with the U.S. Justice Department to end an investigation into the widespread practice by Indian firms of flying workers to client sites in the United States on temporary visas, according to Reuters. Infosys agreed in the settlement that it committed civil violations of U.S. employment law, but was not required to admit and did not admit widespread further wrongdoing, according to the news agency.

Indian IT companies have faced lawsuits from employees before. WiproNSE -0.28 % was sued by an employee for unpaid overtime. However, the current regulatory environment in the US makes lawsuits and complaints raise concerns. “As long as companies have followed the applicable laws and terms of the labor condition application (LCA) for H-1B workers, they will have no problem but would, of course, have to incur expenses to defend the cases in court. Further, even if there is even a slight grey area about the issue then it could be more complicated,” said Poorvi Chothani, managing partner at immigration law firm LawQuest.

New Rule by DHS, denies Green Cards to U.S. Residents receiving Federal Aid

The Trump administration on Saturday, September 22nd, has proposed a rule that immigrants who are in the United States legally, as well as those wanting to come to the country, may be denied visas or green cards if they have ever used public assistance.

Current U.S. immigration laws limit those who are likely to be dependent on financial aid. That ruling, known as a “public charge,” began in the 1800s as a way to deny immigrants entry to the United States if they were likely to become a drain on the economy.

The proposed policy, for the first time, also increases the financial levels applicants must meet in order to be eligible for a green card. Currently, sponsors of applicants must show that they meet 125 percent of the Federal Poverty Level. But the proposed rule could set this income threshold as high as 250 percent of the Federal Poverty Guidelines, about $52,000 annually for a couple with one child.

Department of Homeland Security Secretary Kirstjen Nielsen said the department is welcoming public comment on the proposal.

“This proposed rule will implement a law passed by Congress intended to promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers,” Nielsen said in a statement.

Manju Kulkarni, executive director of the Asian Pacific Policy and Planning Council, told the media that the proposed measure would significantly impact the Indian American community. “The rule forces families to choose between a path toward permanent residency and citizenship and the receipt of public benefits. It essentially punishes immigrants seeking to feed their children or seek necessary health care,” said Kulkarni, a veteran immigrant rights advocate.

“This newest iteration of public charge by the Trump administration is cruel and inhumane and follows a long line of policies — in just 18 months — that separate families and vilify immigrants. It’s time that Indian Americans, U.S. citizens and immigrants, stand up with other immigrant communities to fight these unjust and un-American policies,” stated Kulkarni.

Marielena Hincapie of the National Immigration Law Center said how a person contributes to their community, not the contents of their wallet, should be what matters the most.

“This proposed rule does the opposite, and makes clear that the Trump administration continues to prioritize money over family unity by ensuring that only the wealthiest can afford to build a future in this country,” Hincapie said.

Suman Raghunathan, executive director of South Asian Americans Leading Together, said in a press statement: “This Administration chooses to punish immigrant families over and over again. This policy is about who this Administration considers a desirable immigrant. It is designed to instill fear in immigrant communities of color and relegate non-citizens and their families to second-class status,” she stated.

The Migration Policy Institute, which used immigration data culled from the years 2014 to 2016, said India was the top country of origin for legal non-citizens, with about 550,000 currently residing in the U.S. Two-thirds of Indian Americans who received their green cards during that period did so through family-based migration.

The Asian & Pacific Islander American Health Forum noted that the proposed rule would unfairly impact children. “We are concerned that the proposed rule change will have far-reaching consequences and discourage immigrants and their families from participating in public programs such as some forms of Medicaid, Medicare Part D, the Supplemental Nutrition Assistance Program and housing assistance, even if they are eligible, by threatening their immigration status if they use such programs,” noted the organization in a press statement. “These changes are meant to punish immigrants whom the Trump Administration believes are not deserving to stay in the United States.”

About 137,000 – 25 percent – had incomes below 250 percent of federal poverty guidelines, and would potentially have been denied green cards if the proposed new guidelines were in place. The proposed rule was expected to be entered into the Federal Register Sept. 24, and will be open for public comment for 60 days.

The announcement from DHS codified the types of benefits that could be considered for denying a visa application under the public charge rule. These include:

Supplemental Security Income (SSI)

Temporary Assistance for Needy Families (TANF), commonly known as “welfare”

State and local cash assistance, sometimes called “General Assistance”

Medicaid or other programs supporting long-term institutionalized care, such as in a nursing home or mental health institution

Supplemental Nutrition Assistance Program (SNAP), commonly known as “Food Stamps”

Section 8 housing and rental assistance

Nonemergency Medicaid benefits (with other exclusions for children and the disabled)

Healthcare subsidies through Medicare Part D

Federal housing subsidies

Visitors, Students from India to USA Overstay Visas: Report

Every year, hundreds of thousands of visitors to the US overstay their visas, some of them indefinitely. One out of every 100 visitors from India, and almost two out of every 100 international students from India overstayed their U.S. visa during the 2017 fiscal year, according to a report issued Aug. 9 by the Department of Homeland Security.

The number of “overstays” is almost two times as large. By the end of fiscal 2017, there were about 600,000 people suspected to still be in the US after their permission to stay had expired, according to a new report from the Department of Homeland Security (DHS). That year, the US Border Patrol apprehended a little more than 310,000 immigrants trying to enter the US.

The visitors and student to the US who overstay their visas are a large chunk of illegal immigration that is seldom mentioned by Donald Trump, who has mostly focused on people who enter the country between ports of entry, not through airports.

India and China had the largest numbers of visitors to the U.S. during the last fiscal year: India had more than one million total, while more than 4.5 million Chinese residents visited or graduated in the U.S.

According to DHS statistics, 1,078,809 visitors from India arrived in the U.S. last year on B1 or B2 visitors’ visas. Of those, 1,708 stayed for a while after their visa expired, but eventually left the U.S.

An estimated 12,498 visitors overstayed and are believed to still reside in the U.S., in undocumented status. India is the fastest-growing home country for undocumented U.S. residents: an estimated 500,000 – one out of every six – Indian nationals currently reside in the U.S. without requisite immigration papers, according to earlier DHS data, and the Migration Policy Institute.

Approximately 127,435 students from India graduated and finished their optional practical training, and were expected to return to the home country. Of those, 1,567 stayed for a while but eventually left, while 2,833 remained in the country, accruing unlawful presence, about 3.5 percent.

DHS identifies individuals as possible overstays if there are no records of a departure or change in status prior to the end of their authorized admission period; such persons are identified as “in country overstays” while those who leave some time after their visa expires are termed “out of country” overstays.

Those who do overstay but eventually leave face a penalty of not being able to return to the U.S., for varying periods of time ranging from three to 10 years. Those who remain in the country and do not leave face possible detention and deportation proceedings.

Rep. Krishnamoorthi introduces Bill to give H-1B visa workers job flexibility, reduce Green Card backlog

Indian-American Congressman Raja Krishnamoorthi has introduced legislation in the House of Representatives which gives H-1B workers the flexibility to switch jobs and reduce the Green Card backlog by expanding education-based exemptions from per-country caps for H-1B holders.

According to a PTI report, Krishnamoorthi and Republican lawmaker Mike Coffman, introduced the HR 6794, or the “Immigration Innovation Act of 2018” in the House of Representatives on September 13 and if passed by the Congress and signed into law by the President, the bill would reform and streamline the H-1B high-skilled worker visa program while increasing investment in American Science, Technology, Engineering, and Mathematics (STEM) Education for students in K-12, post-secondary or college programs.

According to Krishnamoorthi and Coffman, the bill will: Propose to ban employers from hiring H-1B holders to replace American workers while increasing funding for STEM education at the K-12, post-secondary and university levels.

All fees collected for H-1B visas and conditional Green Cards will go to state-administered funds to promote domestic STEM education and worker training including financial aid and research initiatives, which will expand investments in advanced training for the domestic workforce, ultimately reducing the demand for foreign workers while helping the American economy grow.

Remove the existing annual exemption cap on H-1B visas for holders of American master’s degrees or higher, which is currently exempting 20,000 per year, for individuals who are sponsored for a Green Card while narrowing education-based cap exemption to those with American PhDs.

Creates lottery prioritization for cap-subject petitions in the order of: American master’s degree or higher, foreign PhDs, and the American STEM bachelor’s degrees while establishing a grace period to allow H-1B visa holders to change jobs without losing their legal status to permit mobility under qualifying circumstances.

Subjects employers who have more than five H-1B employees to a penalty for each employee who worked less than 25 percent of the first work-authorization year and prohibits employers from hiring an H-1B visa worker to replace an American worker while also providing work authorization for spouses and dependent children of H-1B visa workers at the prevailing wage.

Proposes to eliminate per-country limit for employment based green cards and adjusts per-country caps for family-based green cards along with enabling the reassignment of unused visas from previous years.

Creates new conditional Green Card category to allow American employers to sponsor university-educated foreign professionals through a separate path from H-1B and requires employers to attest that no American worker has been displaced for the Green Card holder, undertaking recruitment efforts to fill the position with an American worker and offer prevailing wage not less than $100,000 per year.

The bill exempts spouses and children of employment-based green card holders, holders of American STEM master’s degrees or higher and individuals with extraordinary skill in arts and sciences from caps.

The bill also enables F-1 student visa holders to seek permanent resident status while they are still a student or during their Optional Practical Training.

Air India to connect Mumbai with New York

India’s national carrier Air India will start flight services to New York from Mumbai, besides resuming services to Frankfurt, which it discontinued in 2010, from winters this year.

At present, the government-run airline flies to New York, Washington, San Francisco from New Delhi; Chicago from Hyderabad through New Delhi and to Newark from Mumbai.

Among European cities, Air India flies directly to destinations such as Stockholm, Madrid, Vienna, Paris, London, Rome, Birmingham and Milan.

“Air India is set to spread its wings further in the US and European skies from the coming winters. As part of this, it will launch flight services for the first time to New York from Mumbai and restart operations to Frankfurt in Germany,” a source said.

These two new flights are expected to be launched from October, the source added.

When contacted, an Air India spokesperson confirmed the proposed roll out of the two new international flights from winters.

“The two new flights are a part of our winter schedule. We have all regulatory approvals in place for the Frankfurt flight and the same for JFK services are being processed,” the spokesperson said.

The winter schedule of airlines in the country starts from the last Sunday of October and remains in force till the last week of March, after which, the summer schedule comes into effect. Air India is the only domestic carrier which flies to destinations in the US directly.

According to the source, the Mumbai-Frankfurt flight will be four-times-a-week service and be operated by the airline’s flagship jetliner Boeing 787-800, while the Mumbai- New York will be three-times per week service with Boeing 777-300ER.

Following the launch of the two services, Air India will be offering a total of 36 weekly flights to the US cities from New Delhi, Mumbai and Hyderabad, the source added.

Currently, it operates nine flights per week to San Francisco, seven times a week to Chicago, Newark and JFK and three weekly services to Washington.

USCIS Modifies Unlawful Presence Policy for Foreign Students, Exchange Workers

Foreign national students and exchange workers have been given a little breathing room in a new policy memo. It provides a grace period while they apply for reinstatement if they have fallen out of status and overstayed their visa.

The memo from U.S. Citizenship and Immigration Services (USCIS) clarifies that students and exchange visitors who hold F, J and M visas and have violated the terms of their status will not accrue “unlawful presence” while their applications are pending if they file for reinstatement in a timely manner.

The memo amends an earlier policy guidance proposing changes in how the agency calculates unlawful presence for students and exchange visitors. Unlawful presence refers to someone being in the United States without proper authorization and can include instances where the person has remained in the U.S. after their duration of status has expired or entered the country illegally.

As of Aug. 9, when the policy took effect, F, J and M visa holders who violate the terms of their status will be considered unlawfully present the day after the violation occurs. Violations that occurred before Aug. 9 will begin to accrue unlawful presence from that date. Previously, unlawful presence was triggered only when USCIS formally processed a visa overstay or a judge issued a deportation order.

The consequences of unlawful presence are significant, said Justin Storch, manager of agency liaison at the Council for Global Immigration, an affiliate of the Society for Human Resource Management.

In May, after USCIS issued the draft proposal, 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.”

“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. “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,” said Rand.

Indian visa applicants hit with most denials, report says

The Donald Trump administration’s crackdown on work visas is hitting Indians disproportionately hard. Now, a report from the National Foundation for American Policy has found that in 2017, Indian applicants for H-1B visas were hit by more denials and demands for proof of eligibility to work than applicants from other nations.

Between July and September 2017, the US denied H-1B visas to 23.6% of Indian applicants, up from 16.6% in the three preceding months, according to the latest data released by the National Foundation for American Policy (NFAP), a non-profit, non-partisan organization dedicated to public policy research.

The H-1B visa is normally given to highly skilled workers is specialized jobs and is usually obtained by employers however; it has now become an immigration debate in the Trump era, claiming that they are taking jobs away from Americans.

Many Silicon Valley technology companies have lobbied for an expansion of the annual 85,000 cap on new visas, arguing that companies need to be able to bring in the world’s top talent, according to the Mercury News. After obtaining an H-1B visa, one can apply for a green card but due to extensive backlog they tend to extend their visas instead.

Stellar Software Network, a staffing and outsourcing company has filed a lawsuit against the federal government alleging that U.S. Citizenship and Immigration illegally denied Kartik Krishnamurthy, an Indian man, his H-1B visa.

According to a Mercury News report, the denial comes in wake of the U.S. crackdown on the H-1B visa and called the denial of Krishnamurthy’s visa “arbitrary and capricious.”  Krishnamurthy worked at Stellar on the H-1B visa for about seven years until the end of May, according to the lawsuit.

The issue started in August 2017 when a request for Krishnamurthy’s visa extension was put in and was denied due to the H-1B crackdown that arose from President Donald Trump’s “Buy American and Hire American” executive order.

Also, applications for Indian workers were more frequently subjected to the “requests for evidence,” according to the report by the National Foundation for American Policy.

Workers from India, comprising by far the largest number of H-1B workers in the U.S., have been impacted adversely by the “Buy American, Hire American” executive order signed in April 2017 by President Donald Trump.

The NFAP study noted that in the fourth quarter of 2017 alone as many as 14,932 applicants from India were denied visas,out of a total of 20,514 applicants. The report, published in July, said that H-1B denials and Requests for Evidence (RFEs) increased significantly in the fourth quarter and that trends most likely will continue in 2018. The report is based on data obtained from U.S. Citizenship and Immigration Services (USCIS).

“The increase in denials and RFEs of even the most highly-skilled applicants seeking permission to work in America indicates the Trump administration is interested in less immigration, not ‘merit-based’ immigration,” the report said.

Between 2001 and 2015, an estimated 1.8 million H-1B visas were reportedly awarded to skilled foreign workers. Half went to Indians followed by workers from China. China, however, accounted for 9.4 percent of total H-1B visa applications in the 2017 fiscal year compared to India’s 76 percent, according to a TechCrunch.com report.

The NFAP report said that the Trump administration has implemented no policies to facilitate the hiring of high-skilled foreign nationals. “Instead, U.S. Citizenship and Immigration Services has enacted a series of policies to make it more difficult for even the most highly-educated scientists and engineers to work in the United States.”

The climate of increasing restrictions grew forH-1B visa holders and their spouses, who had been allowed by the Obama administration to work in the U.S. legally. India’s major IT outsourcing companies started changing their business models in the U.S. by relying less on H1-B visa holders and building up their domestic workforces in the United States.

That changed business model partly explains why five of the seven top Indian-based companies saw declines in FY 2017 from FY 2016, including Infosys, Wipro and HCL America.

Only TCS, with an increase of 13 percent, and Tech Mahindra, which increased by 42 percent, had more H-1B petitions for initial employment approved in FY 2017 than the previous fiscal year, an earlier NFAP report said.

The report published in April noted that the top seven Indian-based companies received only 8,468 approved H-1B petitions for initial employment in FY 2017, a decline of 43 percent for these companies since FY 2015.

An earlier NFAP report said, “H-1B temporary visas are important as they are typically the only practical way a high-skilled foreign national working abroad or an international student educated in the United States can work long-term in America.”

Top CEOs raise concern about changes made by Donald Trump in H1-B policies

The Trump administration’s “inconsistent” immigration policies, including on the H1-B visa for professionals, could “disrupt” operations of American firms and inflict “substantial harm” on their competitiveness, CEOs from top US companies have warned.

In a letter to US Homeland Security Secretary Kirstjen Nielsen, members of the Business Roundtable, including Apple CEO Tim Cook, Chairman and CEO of PepsiCo Indra Nooyi, President and CEO of Mastercard Ajay Banga and Chairman and CEO of Cisco Systems Chuck Robbins said that confusion around US immigration policy “creates anxiety for employees who follow the law.”

The Business Roundtable, an association of chief executive officers of America’s leading companies, told Nielsen yesterday that “inconsistent government action and uncertainty undermines economic growth and American competitiveness.”

Due to a shortage of green cards for workers, many employees find themselves stuck in an immigration process lasting more than a decade, they said.

To avoid unnecessary costs and complications for American businesses, the US government should not change the rules in the middle of the process, the CEOs said, pointing out to the several policy memoranda over the past year by the US Citizenship and Immigration Services (USCIS) has issued that has resulted in “arbitrary and inconsistent adjudications”.

“Companies now do not know whether a work visa petition that was approved last month will be approved when the company submits the identical application to extend the employee’s status,” they said.

In particular, the CEOs said they are worried about changes to the review process for H-1B visas for high-skilled workers, expected changes to the rules for spouses of H-1B employees and planned changes to certain deportation rules.

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.

Employees who qualify for H-1B jobs often hold degrees in science, tech, engineering or math, and are highly sought after by employers, the CEOs said.

The Roundtable members said that a confusing immigration system in the US which threatens to split their families apart, could encourage them to seek employment in a different country. That would put the American economy at a disadvantage.

They also noted that in many cases, the US Labor Department has determined that “no qualified US workers are available to do that person’s job.”

President Donald Trump has said that some IT companies were abusing the US work visas to deny jobs to American workers.

“As the federal government undertakes its legitimate review of immigration rules, it must avoid making changes that disrupt the lives of thousands of law-abiding and skilled employees, and that inflict substantial harm on US competitiveness,” the CEOs noted.

The Business Roundtable will continue to work with Congress to reduce the Green Card backlog, they said.

In the interim, inconsistent immigration policies are unfair and discourage talented and highly skilled individuals from pursuing career opportunities in the United States, they said.

The reality is that few will move their family and settle in a new country if, at any time and without notice, the government can force their immediate departure–often without explanation.

“At a time when the number of job vacancies are reaching historic highs due to labour shortages, now is not the time restrict access to talent,” the CEOs said.

The group has called for increasing the number of H-1B visas and letting people with advanced STEM degrees from American universities qualify for a green card immediately.

Meanwhile, the US Citizenship and Immigration Services said in a statement the “administration has been relentlessly pursuing necessary immigration reforms that move towards a merit-based system.”

“USCIS is committed to reforming employment based immigrant and non-immigrant immigration programs so they benefit the American people to the greatest extent possible,” CNN quoted spokesperson Michael Bars as saying.

USCIS updates student visa regulations

After considering the feedback received during a 30-day public comment period that ended on June 11, the U.S. Citizenship and Immigration Services (USCIS), has published a revised final policy memorandum related to unlawful presence in the country.

Under the revised final policy memorandum, effective Aug. 9, 2018, immigrants on the student (F visa), exchange visitor (J visa) or vocational student (M visa), who have overstayed their visas will have their accrual of unlawful presence suspended while their application is pending, according to a press release.

On May 10, USCIS posted a policy memorandum changing the way the agency calculates unlawful presence for those who were in non-immigrant status as the revised final memorandum supersedes the previous one and describes the rules for counting the unlawful presence of immigrants on F and M visas with timely-filed or approved reinstatement applications, as well as for immigrants on J visas who were reinstated by the Department of State.

“As a result of public engagement and stakeholder feedback, USCIS has adjusted the unlawful presence policy to address a concern raised in the public’s comments, ultimately improving how we implement the unlawful presence ground of inadmissibility as a whole and reducing the number of overstays in these visa categories,” Director L. Francis Cissna, is quoted saying in a press release.

“USCIS remains dedicated to protecting the integrity of our nation’s immigration system and ensuring the faithful execution of our laws. People who overstay or violate the terms of their visas should not remain in the United States. Foreign students who are no longer properly enrolled in school are violating the terms of their student visa and should be held accountable,” he added.

Also, on Aug. 7, the Department of Homeland Security announced the release of the FY 2017 Entry/Exit Overstay Report in which the estimated total overstay rates were lower in FY 2017 for immigrants on the F and J visas, however, those categories still have significantly higher overstay rates than other visa categories.

For purposes of counting unlawful presence, a timely reinstatement application for F or M status is one where the student has not been out of status for more than five months at the time of filing.

Under the revised final policy memorandum, the accrual of unlawful presence is suspended when the F or M non-immigrant files a reinstatement application within the five month window and while the application is pending with USCIS.

If the reinstatement application is denied, the accrual of unlawful presence resumes on the day after the denial.

It is incumbent on the non-immigrant to voluntarily leave the United States to avoid accruing more unlawful presence that could result in later inadmissibility under section 212(a)(9) of the Immigration and Nationality Act and whether or not the application for reinstatement is timely-filed, an F, J, or M non-immigrant whose application for reinstatement is ultimately approved will generally not accrue unlawful presence while out of status.

The Department of State administers the J-1 exchange visitor program, to include reinstatement requests and if they approve the reinstatement application of a J non-immigrant, then the individual will generally not accrue unlawful presence from the time the J non-immigrant fell out of status from the time he or she was reinstated.

In addition, the revised final policy memorandum corrects references to the Board of Immigration Appeals issuing orders of removal in the first instance.

H-1Bs and H-4 Dependents to be deported if Immigration Status Expires During Renewal Process

A policy memo issued by U.S. Citizenship and Immigration Services subjects H-1B workers and their dependents to deportation proceedings if they fall out of status while their application for renewal is being processed.

USCIS issued the memo — ‘Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens’ — on June 28. A month later, the agency postponed the implementation of the directive, stating that operational guidance was pending; therefore, the directive would be implemented once operational guidance was issued.

A second memo, issued July 13 by USCIS, states that the agency can outright issue a ‘Notice of Intent to Deny’ a petition or renewal without first issuing a Request for Evidence, per the current norm. That policy is slated to take effect this year on Sept. 11. The second memo — ‘Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual’ — clarifies a 2013 policy memo and states that a NOID can be issued without a request for evidence if the adjudicator determines there is little evidence to support the initial application.

Newark, Calif., immigration attorney Kalpana Peddibhotla told India-West it was unclear how the July 13 memo would be interpreted and implemented, and suggested that the effect of the two memos was an intentional strategy by the Trump administration to create a climate of fear.

“There is a chilling effect which may or may not be intentional, or for that matter warranted, with the release of these immigration memos,” said the Indian American lawyer.

In a July 13 press statement announcing the second memo, USCIS director L. Francis Cissna said: “For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners. Through this long overdue policy change, USCIS is restoring full discretion to our immigration officers to deny incomplete and ineligible applications and petitions submitted for immigration benefits.”

“Doing so will discourage frivolous filings and skeletal applications used to game the system, ensure our resources are not wasted, and ultimately improve our agency’s ability to efficiently and fairly adjudicate requests for immigration benefits in full accordance with our laws,” said Cissna.

The July 13 directive is applicable to all immigration-related petitions, except the Deferred Action for Childhood Arrivals program, which was terminated last year but has been kept alive with injunctions issued by district courts in San Francisco and New York.

Stuart Anderson, executive director of the National Foundation for American Policy, told India-West that a dramatic increase in the number of Requests for Evidence for H-1B renewals has led to longer waits for application processing, leading to a larger number of highly-skilled foreign workers and their H-4 dependents who could lose their immigration status.

Anderson noted that USCIS has received a lot of push-back since the June 28 directive was issued; the agency may decide to add a grace period, he said.

Anderson noted that the Trump administration could not terminate the H-1B visa program outright — only Congress can do so — but could, in a back-handed manner, reduce the number of people eligible for the program, and, moreover, discourage highly-skilled foreign workers from applying.

“H-1B workers represent a very low number of employees relative to the overall workforce,” said Anderson, noting that the program only allows 85,000 applications to be accepted per year into a labor pool of more than 160 million employees.

He emphasized that a cap of 85,000 H-1B visas issued per year was far too low, and added that increasing the cap would allow American corporations to create jobs and invest in the U.S. rather than abroad.

NFAP released a report July 25 highlighting the dramatic increase in denials of H-1B applications. The proportion of H-1B petitions denied for foreign-born professionals increased by 41 percent from the 3rd to the 4th quarter of FY 2017, rising from a denial rate of almost 16 percent in the 3rd quarter to 22.4 percent in the 4th quarter.

The report also highlighted the dramatic increase in Requests For Evidence: the RFE rate was approximately 69 percent in the 4th quarter compared to 23 percent in the 3rd quarter of FY 2017.

India seen as the third largest aviation market by 2025

Talk about one industry that’s growing by leaps and bounds in India, aviation gives a tough beating to most others. The market is expected to cater to 478 million passengers by 2036. * And India seen as the third largest aviation market by 2025. According to global airlines’ body IATA, India has been successfully winning the crown for being the world’s fastest growing domestic aviation market for the three straight years till 2017. **

An important factor behind this burgeon is government schemes like UDAN (Ude Desh ka Aam Nagrik) and NABH Nirman. While the first aims to connect 56 unserved airports and 31 unserved helipads across the country, the latter targets to expand airport capacity by more than five times to handle a billion trips in a year.

What does this massive expansion translate to? Well, to start with, there are going to be an enormous number of jobs – almost 2.5 to 5 lac job opportunities are being created by the aviation sector. As planned under UDAN, leading airlines such as Vistara & Indigo are procuring more aircraft to fill the supply & demand gap in tier 2 & 3 cities. This will give a major boom to jobs in customer service, operations, logistics, airport management, retail, medical tourism, and many more sectors.  If the aviation market excites you, you could easily pursue it. The best way is to get your undergraduate & postgraduate degree in aviation.

It is a thing of the past when the Indian aviation industry was a government-owned industry; it is privately held today. With approximately 15 domestic airlines & above 60 international airlines being operating in India and up to 100% foreign equity allowed by the means of automatic approvals pertaining to the establishment of Greenfield Airports and up to 74% to the existing airports, getting trained in aviation management is a smart move. A BBA in aviation management teaches 12 pass students the fundamentals of Aviation, Travel, and Tourism industry functions, basics of business communication and economics, Aviation Operations, Safety and Security and role of human resource in the aviation industry.

With Indian companies intending to buy 2100 new planes worth US$ 290 billion, and factors such as infrastructure modernization, huge investment, expanding air fleet and an ever-growing economy making aviation the hottest sector in terms of career, you might want to join the party sooner than later. Getting a unique and well-structured MBA programme in aviation management is the cornerstone promising a great career graph. You are not only trained with a specialized domain, providing specialized knowledge and training of areas to be served in the aviation industry – fleet management, ground handling, cargo, safety & security, customer service, medical tourism, crew scheduling, and ticketing.

The Institute of Logistics and Aviation Management (ILAM), with its state-of-the-art campuses in major metro cities, offers competitive and specialised BBA &MBA aviation programs in partnership with companies such as Indigo, Spicejet, Jet Airways as its recruiters. These programs are not only unique but also come with inbuilt live practical sessions pertaining to emergency exit of the Airbus 320, aircraft ground handling and safety training, and Galileo software training to name a few. It is amazing to see how this course can provide a blend of practical and classroom teaching which makes you a preferred candidate for your future employer. If you were to count the benefits of pursuing a career in the aviation industry, bright professional opportunities, a rewarding salary package, the chance to travel around the world, are some attractive factors. To know more, visit ILAM’s website here.

HAF’s Third Annual DC Policy Conference Highlights Immigration, Gun Safety

More than 100 people attended the Hindu American Foundation (HAF)’s third annual policy conference this past Monday, June 18 in our nation’s capital. Taking place in the Rayburn House Office Building in the U.S. House of Representatives, the event focused on key policy concerns for Hindu Americans, including U.S.-India relations, immigration policy, and gun safety reform.

Keynoting the event was Nisha Desai Biswal, President of the US-India Business Council. Biswal, who was honored in 2015 by HAF for her previous work in the State Department, spoke to the growing realization in America of the immense opportunity that India represents.

“Businesses are seeing India as a primary focus for investment,” Biswal went on to say. That indeed there would be points of friction between the US and India on trade, “but I would not see them as a point of alarm, but as a point of opportunity,” she concluded.

Biswal’s keynote was followed by a lively and frank panel discussion on the need for immigration policy reforms to the way in which green cards are allotted and the challenges facing spouses of immigrants working in the United States under the H-1B high skilled worker visa program. The panel was moderated by HAF Managing Director Samir Kalra, Esq. and featured immigration advocate Padma Katapalli of GC Reforms, immigration lawyer Akanksha Kalra, Esq., and HAF National Leadership Council member Swami Venkataraman, who spoke about his own experience navigating the US immigration system.

Issues highlighted by the panelists included: the increasingly long time it takes to obtain a green card due to arbitrary per-country caps on the number of green cards given annually; the precarious nature of employment for H-1B visa holders, and their spouses, waiting for green cards; and how the current trends in US immigration policy are driving away tourists, students, and potentially high skilled workers and the business that hire them.

Akanksha Kalra described these latter changes as already building an “invisible wall” against future immigration.

The afternoon began with an emotional and poignant conversation between HAF Executive Director, Suhag Shukla, Esq. and Ms. Shanthi Viswanathan, a teacher from Marjory Stoneman Douglas high school in Parkland, Florida whose quick thinking and bravery is credited with saving the lives of her 27 students during the shooting there this past February.

After detailing the horrifying sequence of events of the tragic day when a teen gunman killed 17 people and wounded 17 more at the school, Ms. Viswanathan made a passionate plea for more effective regulations of firearms, as well as giving her frank opinions on what needs to be done to make our schools safer places.

“I understand the Second Amendment, hunting rifles, shotguns, but an assault rifle? What is the need for that?” she asked the audience rhetorically.

Viswanathan said she’s asked this question of ardent gun rights supporters. The answer she’s told is that they need these weapons for ‘freedom’’. But, “how does holding an assault rifle give you a sense of freedom?” she wondered. “I wouldn’t know how to explain ahimsa (non-violence) to them,” Viswanathan noted. “You don’t have to have that gun. Life is still good without it.”

The day concluded with a brief clip of the film “From India With Love”, directed by Mandar Apte. The film documents the journey to India, by a group of former gang members, racial justice activists, and other survivors of violence, who follow in the footsteps of Dr. Martin Luther King’s trip to India nearly 60 years ago to explore the homeland of Mahatma Gandhi. The group becomes transformed by the spiritual and cultural journey, by their time together, and by the discussions and meditation experienced on the trip.

After the film, Apte, the 2018 winner of HAF’s Advancement of Dharmic Arts and Humanities Award, spoke of his work promoting the Hindu concept of ahimsa (non-violence) as a way to mediate conflict to major police departments across the country, foremost of these being the Los Angeles Police Department.

Citizenship application backlog ‘skyrocketed’ under Trump, report finds

The backlog of pending applications for immigrants legally in the country trying to become U.S. citizens has “skyrocketed” under President Donald Trump, according to a new report from an immigrant rights organization.
There were nearly 730,000 pending naturalization applications as of the end of last year, a more than 87 percent increase since 2015 under President Barack Obama, according to the report from the National Partnership for New Americans, an alliance of immigrants’ rights groups.
“The Trump admin has built a second wall that prevents legal immigrants in the U.S. from becoming voting U.S. citizens,” Joshua Hoyt, executive director of the partnership, told NBC News.
He said the backlog at the United States Citizenship and Immigration Services means processing rates have reached as high as 20 months, raising concerns in a critical mid-term election year that some people will be unable to vote. Last year, over 925,000 people applied for U.S. citizenship, according to the report.

“They may be waiting for as much of 20 months after submitting a 21-page application, paid the $730 fee, submitted their fingerprints for a security a check and then sat and waited to take an exam,” he said.
As of Dec. 31, 2015, under Obama, the backlog was 388,832, according to the report. “This is either absolute gross incompetence affecting close to a million legal immigrants who want to become U.S. citizens, or it is an intentional second wall that is designed to slow the pace at which lawfully present immigrants can become voters,” he said.
The report also found that certain states saw “enormous spikes” in denials of citizenship applications in the last quarter, noting changes in Alabama, Hawaii, Nevada, New Mexico, Pennsylvania and Utah.
From Oct. 1, 2017, to the end of last December, the backlog increased in Washington, D.C., the U.S. Virgin Islands and several 19 states, including Alabama, Colorado, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, Rhode Island, Utah, Tennessee, Texas, Washington and Wisconsin, according to the report.
The states with the largest increase in pending applications over the last fiscal year included Utah with an increase of more than 53 percent, Texas with an increase of over 50 percent and Washington with over 46 percent, according to the report.
A United States Citizenship and Immigration Services (USCIS) spokesman strongly contested the reports findings Monday afternoon. “The truth is that the total number of people the U.S. naturalizes each year has remained virtually unchanged. What we’re looking at is a dishonest and desperate attempt by open borders advocates to undermine the work of Homeland Security officials, law enforcement and the administration to protect the integrity of our immigration system and uphold the rule of law,” said spokesman Michael Bars in a statement. “The current pending workload does not equate to a backlog — it’s a statistic used in the USCIS report to include every application for naturalization filed including those filed in recent days and weeks — and is being inaccurately portrayed as evidence of delays”
“Many of these cases, which can remain pending from one quarter to the next, are well within the processing time goal established by the agency with variances being a direct result of geography and capacity. USCIS will continue to process all applications and petitions in a judicious and comprehensive manner and will do so as efficiently and expeditiously as possible in accordance with the law,” he added. “We reject the inaccurate claims of those fundamentally opposed to this effort.”
The agency naturalizes approximately 700,00 to 750,000 as citizens a year, according to USCIS, and naturalized 716,000 people in fiscal year 2017.
The partnership announced the report’s findings later Monday at a news teleconference with Reps. Zoe Lofgren, D-Calif., and Luis GutiĂ©rrez, D-Ill., and other immigrant rights groups.
The members of Congress also sent a congressional sign-on letter asking the director of USCIS to explain the backlogs and would call for congressional hearings and legal action to address the backlog, The backlog was denying potential citizens the right to vote, and also left some at risk for potential deportation under Trump’s policies while their applications are pending, said GutiĂ©rrez.
“The rules have changed — legal permanent residency does not protect you from deportation under Donald Trump,” he said. “People want to participate in the democratic process, they also want to protect themselves.”
Angelica Salas, executive director of the immigrant advocacy group the Coalition for Humane Immigrant Rights (CHIRLA), said, “More and more every day you have a situation in which legal permanent residents, even for minor violations decades old, are being visited by ICE.”
Salas said during the teleconference that their naturalization campaign for 2018 was looking towards the 2020 elections to support legal residents seeking the right to vote, despite the “insurmountable hurdles they face.”
“If you want to vote in November of 2020, you’ve basically got to apply in the next 60 to 90 days. That is something unconscionable,” he said during the teleconference.
Hoyt said the advocates were also working with Chicago Mayor Rahm Emanuel, a Democrat, for a mayoral sign-on letter. Sign-on letters are used by lawmakers to come together and express a view on a policy or political matter. He added that the group was planning to file a Freedom of Information Act request looking for internal communications and numbers regarding the backlog.

In reverses his policy, Trump signs order stopping Family Separation

President Donald Trump, under mounting political pressure from angry members of his own party, signed an executive order Wednesday reversing his administration’s policy of separating children from their parents at the border and allowing families to instead be detained together. “It’s about keeping families together while ensuring we have a powerful border,” Trump said.

It was a dramatic turnaround for Trump, who has been insisting, wrongly, that his administration had no choice but to separate families apprehended at the border because of federal law and a court decision. The news in recent days has been dominated by searing images of children held in cages at border facilities, as well as audio recordings of young children crying for their parents — images that have sparked fury, question of morality and concern from Republicans about a negative impact on their races in November’s midterm elections.

Until June 20, the president, Homeland Security Secretary Kirstjen Nielsen and other officials had repeatedly argued the only way to end the practice was for Congress to pass new legislation, while Democrats said he could do it with his signature alone. That’s what he did. “We’re going to have strong, very strong borders, but we’re going to keep the families together,” said Trump, who said he didn’t like the “sight” or “feeling” of children separated from their parents.

He said his order would not end the “zero-tolerance” policy that criminally prosecutes all adults caught crossing the border illegally. The order aims to keep families together while they are in custody, expedite their cases, and ask the Department of Defense to help house families.

Justice Department lawyers had been working to find a legal workaround for a previous class-action settlement that set policies for the treatment and release of unaccompanied children who are caught at the border. Still, Trump’s order is likely to create a new set of problems involving length of detention of families, and may spark a fresh court fight.

The Hindu American Foundation, in response to Trump’s earlier actions, called them “unconscionable.” In a statement issued June 19, HAF said: “As immigrants or children of immigrants, as parents, as Hindus, we can find no legal, moral, or ethical justification for such actions.”

HAF’s Indian American executive director Suhag Shukla added: “Hindus place great importance on the family. Whether attempting to enter the United States to seek asylum, fleeing violence in their home country, or seeking better economic opportunities, separating children from their parents is abhorrent. Treating young, vulnerable children in such a degraded way is beyond not only Hindu values, but American values.”

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. KĂ€lin, 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 fiancĂ©.

“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.

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