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If you are searching for immigration services in India so, S2NRI provides you whole process of immigration, check out the process in some useful tips at here.

FEMA Tax Rules for OCI Holders Who Return from the US

FEMA Tax Rules for OCI Holders Who Return from the US

Over 85K Indians apply for the visa of the US. This number of visa applicants is increasing year after year.

The taxation rules for Indians living in the USA are applicable as per the residency status. Like goers, there are non-residents of India, including OCI card holders & PIOs who return temporarily or permanently.

This blog defines how taxation rules are applied to them.

NRIs, including OCIs and PIOs in the USA Vs NRIs in India

According to US tax laws, migrants or non-residents are classified as aliens. A migrant who is not a US citizen becomes a “Resident Alien” if he or she attains permanent residency or successfully appears through the substantial presence test.

Here in India, Foreign Exchange Management Act (FEMA) recognises a person resident in India (who stays here for 182 days or more) and a person resident outside India, covering NRIs, OCIs, and PIOs.

Treatment of Person Resident Outside India in India

Those who have obtained a green card in the US are categorised as a Person Resident Outside India.

Since they stay outside India for an uncertain period, their existing Indian bank accounts (covering joint accounts) are turned into Non-Resident (Ordinary) or NRO accounts. This status enables them to remit foreign income into this bank account to receive it in Indian currency, i.e. INR.

But, they won’t allow repatriation to accounts overseas. On the flip side, NRIs have a right to remit up to $1 million overseas every FY from this account.

There is another account called Non-Resident (External) Account or NRE, which NRIs can have for depositing their income to use in India or abroad.

How does the Indian Taxation Act Treat Indian Migrants?

According to Indian Taxation rules, any India shifting to the USA is treated as a Resident & Ordinarily Resident (ROR), a Resident but Not Ordinary Resident (RNOR), and Non-Resident (NR).

The NR is the one who has been here for 182 days or more in India. Or, he should have been here for 365 days in the immediate four preceding years. Or, it can be 60 days more in the relevant financial year.

Once it is confirmed that the person is a Resident, further categorization (which is into ROR or RNOR) takes place under the law.

If one is categorised as ROR, his global income shall be taxable. On the other hand, RNOR and NR can enjoy the benefit of paying tax on only India-sourced income. Out of these two, only NRI can file for an Income tax return if being taxed on India-sourced income.

A person shifted to the US will be treated as a non-resident, supposing that his stay in India does not exceed 182 days. In this case, he shall have to pay tax in India only. It will be on the Indian-sourced income.

If an Indian migrant receives a salary in an Indian bank account while working in the US, no tax will be applicable. It is clearly because he received it in India.

Different Treatment of Status as per Domestic Law

This happens when the person attains citizenship in both countries. Typically, the tax shall be paid to the resident country. But technically, both countries impose a tax on international income.

But, this may arise the problem of double taxation. It can be administered through a “Tie Breaker Rule”. India and US Double Taxation Avoidance Agreement allow it.

If a person returns to India and remains a resident alien, the US rules will be applicable. It won’t matter if he lives here or in the USA because his income will be treated as global income. It is subject to the US income tax.

If the returned person from the US holding its citizenship and have a financial interest in or signatory or any operating authority over multiple financial accounts located outside the USA, plus the aggregate amount in all foreign financial accounts is $10,000+ at any time during the financial year, he has to file FBAR (Report of Foreign Bank and Financial Accounts) in addition to the FATCA (Foreign Account Tax Compliance Act) requirements.

The exchange control requirements in India ensure designating NRO, NRI accounts to those who want to stay here for an uncertain period.

In that case, he will have to file an ITR upon being here in India. In the case of ROR, only the global income is taxable. Such residents shall claim the foreign tax credit for the tax paid in the USA. To get this benefit, the ROR (but not RNOR and NR) has to share detailed reports of foreign bank accounts and assets in the ITR. In case he does not share, he shall be penalized worth INR 10 lakhs under the Black Money & Imposition of Tax Act 2015, which is for undisclosed foreign income & assets.

How to Easily Get Document or Certificate Attestation?

How to Easily Get Document or Certificate Attestation?

Immigration requires a ton of legal formalities. You have to abide by norms or rules set by the country’s foreign affairs ministry. Every country has this kind of setup, which makes it like a walkover to manage emigrants and migrants easily.

The main body that helps in managing it easily is the embassy, which every country has located in the capital cities. However, it is for offering convenience to people who are or are likely to move in or out of the nation.  There are a few more things that it assists you with. These can be issuing emergency passports, replacing or renewing your passport, issuing a birth report of non-residents for registering, filling up taxes, and notarizing personal, commercial, and education documents.

The one thing that is compulsory for all of these documents is attestation. Without it, you cannot obtain permission to get through the country.

Let’s understand what it is.

What is the attestation of documents?

Attestation refers to legalization or apostille. This is actually the process of verifying the authenticity and validity of documents. Certainly, this is a big responsibility that only a competent authority should perform. Being a matter of legal concern, a legal body takes care of document attestation. Mostly, the A-grade Gazette officer besides the court magistrate or district magistrate hosts this verification power.

Simply put, the attestation of documents or certificates is a matter of the respective designated authority, especially of A-grade or level in any country. A stamp and the signature of the competitive authority signify that the document has been verified. The foreign embassy accepts it as being credible and trusted.

Before discovering the process, let’s get through the types of attestation practiced in India.

How to Get Documents Attested from Different Authorities?

The following steps and types of attestation can help you to easily get documents attested:

1). Notary Attestation

Notary attestation is carried out by a notary public, who is an authorized person to check the authenticity of certificates under the Notarial Act. These can be personal (Birth Certificate, Death Certificate, marriage certificate, Single Status Certificate, etc.), educational (Transcript, Marksheet, & Degree), commercial papers (ITR, MOA, etc.)

In all, the notary public certifies the genuineness and proper execution of personal documents. This authentication is called notarization, which prevents fraud. He can administer oath and also attest affidavit from a person.

How to get HRD attestation solution?

You may reach the notary public office to request for the legalization of any affidavit or paper. Then, he would thoroughly examine the originality and true intentions. Once satisfied, he moves to getting a stamp and signing your document.

He offers paid service, which means the affiant has to pay a certain fee against the verified document. In addition, he may request for traveling allowance at INR 5 per kilometer.

2). Home Department Attestation (HRD)

This is a state’s affair, which means that the state ministry deals with the authentication of all papers that are categorized as personal. These can be the certificate of marriage, birth, non-availability of birth, single status (bachelorhood certificate), death, and divorce papers.

The HRD legalizes the aforesaid documents before sending it to the Ministry of External Affairs (MEA).  A layman cannot straightaway approach this ministry. He or she has to follow a hierarchy in this regard, which requires HRD verification before any other attestation.  The registrar checks the credibility and authenticity of diverse papers.

How to get the HRD attestation solution?

This process is the next step of notarization. Upon that, the authoritative person thoroughly verifies the originality & validity of your paper. Once confirmed, he certifies your document.

Normally, this process takes a week or fortnight if the presented paper. This service is also chargeable.

3). SDM Attestation

SDM expands for a Sub-Divisional Magistrate (SDM). This legalization of personal and educational documents requires an official stamp and signature from the Sub-Divisional Magistrate. It is requisite in the absence of home department attestation.

How to get an SDM attestation solution?

The government designates a sub-divisional magistrate where the state ministry is not formed. Being an alternative to the State’s HRD attestation, it requires the applicant to visit a notary public office first. Once legalized from there, the applicant can directly visit the SDM office around 9 in the morning to request for verifying a particular personal or educational paper.

This service is also payable. The charges may differ as per government norms, which are revised over time. Generally, this service can be finished in a week or a month. In the case of non-residents, it may be a month-long procedure.

4). Chamber of Commerce Attestation

As its name suggests, you may require attesting papers, such as business transactions overseas. This procedure proves that the company’s papers, like Modification Of Share Capital Attate Attestation, Tourist Licence Registration Attestation, Quotation Attestation, and a few others are genuine.

How to get the chamber of commerce attestation solution?

The applicant can directly visit the Chamber of Commerce for getting your commercial documents legalized.  It won’t take long to have this service for being attributed to commercial purposes.  It may take a week-long time. However, some factors may delay this procedure.

5). Ministry of External Affairs (MEA) Attestation/ Apostille

This is the most crucial and significant legalization step, which is a must-have. The concerned office is the Ministry of External Affairs (MEA) which verifies, validates, and finally puts the signature of the ministry, approving your request.

The same department offers apostille services, which are meant for the people who are likely to visit the member country of The Hague Convention (1961). There are 101 states of the world associated with this convention. People likely to visit any of these states have to get their documents apostilled. Once done, they don’t need further attestation.

Here, you must consider the fact that the person cannot directly visit and request for the attestation /apostilling of any personal, educational, or commercial documents. There are some outsourcing agents like Services2NRI that represent you to get your documents attested.  You may approach us or any of the agents online, raise a request, and then, share your document(s) to be attested.

This is mainly helpful in authenticating documents like birth/death/marriage certificates, Affidavits, Power of Attorney, degree, diploma, matriculation and secondary level certificates, etc. in accordance with the international obligation. An apostilled paper should, therefore, be treated as a legally accepted document.

How to get the MEA attestation solution?

This process trails legalization from the notary, SDM, and State or HRD department of the state. The applicant may hire an outsourcer to avoid hassles and delays. Furthermore, start following the given steps.

Online process

  • Applicant can visit Services2NRI.com.
  • Get registered with the website.
  • Upload the documents as per request.
  • Pay the requisite fee for the service.
  • Get the receipt and check the status.
  • Have delivery in a few days, possibly in a week or a month.

Offline Process

  • Applicant can physically approach us or any other outsourcing agent.
  • Submit documents to the agent.
  • The agent will visit the Branch Secretariat/ RPOs.
  • Pay the fee for the service.
  • The apostilled/attested documents will be dispatched.
  • The agent may also deliver to you.

Here again, the charges may differ for each document and also can be revised over time by the ministry. You may inquire about the same thing from the authority.

6). Embassy Attestation

An embassy represents a country, whose headquarter is mainly located in the capital of a particular foreign country.  The applicant can directly reach out on the scheduled date. You may schedule when to visit there. Reach with all documents with you to get the stamp from the consul.

How to get the embassy attestation solution?

This process is the last phase, wherein the applicant must have to follow the hierarchy of the steps, as aforementioned. It covers the authentication from the notary public (which is optional), the state’s HRD or SDM (in case the HRD is absent), and the MEA.

More US-Based Employment Green Cards Available FY-2022

More US-Based Employment Green Cards Available FY-2022

Indians have a golden opportunity to go to the US this fiscal year.

This is simply because of a welcome announcement from the United States. Now, Indians who look for employment-based green cards there would have an opportunity now. This fiscal year, more visas will be available under high-priority categories.

Exceptionally High Number of Employment-based Visas

A spokesperson from the USCIS or US Citizenship and Immigration Services announced on Friday that the eligible employment-based green card applicants could have a chance to shift to a higher preference category. It is simply because the demand for immigrant talent is high, as the vacancies are exceptionally available there. For this reason, employment-based immigrant visas for the ongoing fiscal year ending September 30 are available in massive numbers.

Why are Visas Massively Available?

The statement from the USCIS office states that the overall annual limit for employment-based visas for the fiscal year 2022 is nearly double. It is exceptionally high as compared to the usual limit. Another reason for its high availability is that these cover all unused family-sponsored visa numbers from the fiscal year 2021, which was approximately 140,000.

Change of Status

The eligible applicants can apply to adjust their status to the EB1, which is for priority workers, or the second option, which is available for non-native professionals with advanced degrees or extraordinary skills.

A number of NRIs or India’s natives had been waiting for this news for a long time. Their long wait was all because of the overwhelming number of applications for employment-based green cards. Besides, the annual country bracket also restricted the applicants.

Reason for High Demand

There are hundreds of technology-based companies there that sponsor permanent residency for employees. These employers have put the applicants on hold. These applicants are the ones who run out of extensions on their H-1B work permit. The delay in offering it caused its heavy demand.

Rajiv S Khanna, managing attorney at Immigration.com said that people are walking in the air. They have been waiting for many years. The employers have put their applications on hold. Now, it’s likely to be over. We think that many NRIs can apply for their green cards under the EB2 category if they hurry up.

In the past, several people had downgraded their applications from EB2 to EB3 as that category was moving faster. They can now upgrade back to EB2.

Further, he said that the USCIS is willing to approve as many green card applications as they can. This is simply because there is a massive family quota available. Certainly, there is no incident of such happening in the past.

Visa Categories

Under the relevant statute, the first employment-based preference category would have all such visas that are not required in the fifth employment-based preference category.

Likewise, any visas not required in the first employment-based preference category would be available in the second employment-based preference category.

Source

H-1B Visa-Importance, Benefits, and Requirements

H-1B Visa-Importance, Benefits, and Requirements

Specialty Occupation for H1B Visa

The H1B visa is a unique visa that allows foreign nationals to perform specialty occupations in America. These domains can be any of these, but not limited to Architecture, engineering, mathematics, and physical sciences. The “specialty occupation” refers to a work that requires the following:

  1. Theoretical knowledge and practical application of highly specialized knowledge, and
  2. Having a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum requirement for any occupation in the United States

You may apply for an H1B visa with a bachelor’s degree for any part-time or full-time job opportunity. Each year, 65,000 H1B visas are made available. For those who have advanced degrees like doctors, or engineers, there are an additional 20,000 from US institutions.

Validity of H1B Visa

The validity of this visa is up to three years. For a total of six years, it can be extended to the next three years. The holder or bearer can bring along his wife, parents, or children. These all should be shown as his dependents. Also, these dependents would be eligible for H4 status.

Job Change

Holders of H1B visas are allowed to change employers. For this, they must fulfill certain conditions. Permanent immigration status may be available to H1B beneficiaries. It is a dual intent visa. This means that the temporary immigrant is illegally trying to have permanent residency with non-immigrant visa status. Basically, the doctrine of dual intent is for the non-U.S. nationals. It discloses their intentions as to how long they think to stay in the United States.

What are the advantages of the H1B Visa?

Here is a roundup of a few of the many benefits associated with the H1B visa.

  • Right to Legally Work in the US

The H1B permits foreigners to work in specialty occupations in the United States. It ensures highly qualified people live and work there. Both, the beneficiaries and US economies, benefit from this arrangement.

  • Can Pursue Permanent Resident Status

Contrary to the J1, H2B, H3, or B visas, the H1B visa is for nonimmigrants. They only need to prove “temporary entry” and not their intent to become a nonimmigrant. Upon the expiry of the H1B status, you must show that you intend to leave. It is simply because a non-native is not allowed to have a residence in another country. You can still apply for benefits while having H1B status. This could include a green card or other immigration benefits.

  • Dependents Can Live Along With

You can apply for H4 status for your spouse and dependent children if they are younger than 21 and unmarried. You all can travel to the United States together. H4 status allows your children to attend school, but they are not eligible to work (subjects to some exceptions). To join the principal worker, H4 status holders must be present in the United States. If the H4 status holder is not in the US, the H1B principal holder will be removed.

  • It’s transferable

The portability benefits of the H1B visa are a major advantage. You can file a new petition if you have an H1B visa and may change employers.

What are the requirements to obtain an H1B visa?

There are many requirements associated with the application for an H1B visa. A lawyer who specializes in immigration can help you determine whether you are eligible for it. Services 2 NRI can guide you in gathering pieces of evidence to prove your eligibility. Random site checks can help you, but may not satisfy you completely in this regard. With us, you can easily get it done & get verified for this document to stay and work in America.

Conditions to Apply for this Visa

  • Require an Offer Letter from the US-based Employer

For this, an employer must offer a job to the beneficiary. He can either offer a job through a written agreement or, in the absence of a written contract, through an oral summary. Evidence must also be provided to support the beneficiary’s need.

  • An employer-employee relationship is Must

This is a crucial and required condition. Employer control is a condition for a valid employer-employee partnership. The petitioner (US-based employer) must have control over the beneficiary’s work. The USCIS will deny any petition if the beneficiary is not an employee or reportable to the petitioner.

  • Should Have No Labor Disputes

If there is a strike at the beneficiary’s job site, the USCIS will deny your petition. If the petition has been approved for being involved, however, the process will be stopped and you will not be allowed to travel to the US.

  • Specialty Occupation

As aforesaid, this visa requires you to have a specialization occupation, which requires knowledge in a specific field. Refer to these websites:

  1. The Department of Labor’s Occupational Outlook Handbook, (OOH),
  2. Or, NET online system by the Department of Labor
  3. Or, the Department of Labor’s Dictionary of Occupational Titles.

The job description is not the most important thing, but the job duties of each applicant are. The job description will then be thoroughly analyzed. This will include the job description, including the exact tasks, requirements, duties, as well as the actual requirements for the position.

  • Pay Outstanding Fees

The employer must pay all fees for an H1B petition. If the fee is not required, please explain in your cover letter.

One of the most sought-after visas that allow foreign nationals to work in specialty occupations in the United States is the H1B visa. Now you should have a better understanding of all aspects of an H1B visa including benefits, requirements, and how to apply for it.

How Can Indian Nationals Get Documents Attested Easily?

How Can Indian Nationals Get Documents Attested Easily?

Documentation requires the proof of authenticity. This process of verifying and authenticating documents is called attestation. It integrates a legal credibility when you submit the document for immigration. So, it is mandatory to enclose an evidence or proof of its credibility.

Attestation of Documents

In legal terms, attestation makes your documentation lawful. There are certain things that signify it. A stamp and signature of the authorised person indicate that the document is authentic. The attestation of documents of Indian nationals or any foreigner certifies that they are original and can be trusted across the globe. This is a step to make all things done legitimately that any countries’ government or authority can trust.

The certificate attestation & attestation of documents are similar terms. These are the must-have services that one has to obtain for legally authenticating his documents. This process is also called the legalization of documents.

However, it needs different seals, signatures and stamps from the concerned officials. There are many authorities at different levels in India for the attestation of documents of Indian nationals

Why is attestation required?

The attestation of certificate or document is required for a number of reasons. Basically, these are divided into internal and external matters. Internal matters can be concerned with judicial purposes like a Will and a Mortgage Deed.

Besides, people require credible documents for opening a bank account, obtaining visa, performing business events and overseas employment. These are external matters that require papers to be legalized.

How can you attest documents in India?

There are a number of authorities set up for attesting documents. Depending on the need, the papers are attested from these authorities in India. These also represent different types of attestation:

  • Notary Public

It is basically required for sworn documents called affidavit. The local notary public issues it upon examining the credibility of the source. Once verified, the notary puts his signature to legalise that document.

  • Home Department

It is exclusively meant for legalizing personal documents, including birth certificate, death certificate, marriage certificate, bachelorhood certificate and non-availability of birth certificate (NABC). The home department of the state government authorizes it.

  • HRD Attestation

Also called Human Resource Department, the HRD is also a state entity that legalizes the educational documents and certificates like transcript. It covers the academic history (including school and university) of the person. But before that, the applicant has to get it verified from the school or university.

  • SDM Attestation

The Sub-Divisional Magistrate or SDM can be used in place of the Home Department attestation. Some concerned departments or authorities strictly require attestation from the HRD. However, the SD is a free and independent government authority that performs in its sole discretion.

  • Chamber of Commerce Attestation

As its name suggests, the Chamber of Commerce is an entity that legalizes commercial documents. These can be concerned with businesses or parties or events. This is significantly required to prove that the entrepreneurship is legal and hence, it is verified to perform any commercial activities.

  • MEA Attestation

It stands for the Ministry of External Affairs attestation. This is the last stage of legalization performed by the Union Government’s Home Department. It is identified through the MEA stamp or sticker at the back of the documents. This ministry is important when it comes to dealing with immigration matters.

  • Apostille Attestation

This is an alternative of the MEA attestation. Those who are migrating to one of the member countries of the Hague Convention need this legalization of documents. Once it is done, a square-shaped stamp is put on the back of the paper with a signature of the authorised person. After getting it, the applicant does not need further attestation from any department or embassy.

  • Embassy Attestation

As reflects from its name, this legalization responsibility is carried out by the embassy of foreign countries like USA or UAE embassy. The consul legalizes all documents after a face-to-face appointment. It covers a detailed interview on why you need to emigrate.

These represent the attestation cycle that one has to follow sequentially. The applicant can easily follow this guide and get through all challenges in getting documents attested here in India.

How Do You Translate a Document Officially?

How Do You Translate a Document Officially?

Document translation officially means translating documents that are legally essential for different purposes. Such papers need some sort of official stamp to the transcribed documents. It is called a certified translation.

The document translation services are generally divided into two catetgories:

  • Certified translation
  • Notarised translation

Certified Translation Vs Notarised Translation

The certified translation is a service provided by any professional translators who has the required degree for it. His sign or stamp legally verifies that the copy of an original document has been created by the certified translator. It is must to have his sign or stamp on it.

A notarized translation represents the replica created in the very presence of the notary public. The professional translators create a duplicate of the original document and the notary public signs it. Then, he puts the stamp to authenticate it also.

This is how the notarized documents become an affidavit or sworn document, which can be used for any submission requiring this level of verification.

Typically, schools and universities require a notarized translation, which is submitted to the admission authority. Even, immigration department also needs it if one is going to take admission in the foreign university. It helps in verifying that the student has opted in what courses, degrees & diplomas previously.

Immigration authority gets a legal proof through these certified translations of immigration papers, birth certificate, business contracts and court transcripts etc.

Apostille & Legalisation of Translations

As aforesaid, the translated copies called transcriptions are meant for immigration purpose also. The stamp from a notary public is not enough for verifying. It needs the next level of legalization, which happens through two ways:

  • Apostille
  • Legalisation

An apostille translation means that the certificate has been verified, confirming that it has come from an original resource. A square-shaped stamp is put with a sign on the back of the transcript to make it apostilled. This service is required for those who need it to study in the member-countries of the Hague Convention, 1961.

The legalization is similar to Apostille services, but it is for the non-member countries of the Hague Convention.

Both of these services require a letter of authority, replica of documents plus documents in original to verify if the documents are original & authenticated.  The embassy or the foreign ministry or the immigration department provides both of these services.

Here is the list of documents that you need translation & legalization:

  • Birth certificate
  • Adoption paper
  • Police Clearance Certificate
  • Single Status Certificate
  • Marriage Certificate
  • Power of Attorney
  • Teaching Credentials
  • Immigration Documents
  • School/ University degree, provisional and mark sheets
  • Patents
  • Affidavits
  • Corporate Documents
  • Distributorship Agreement
  • Or Commercial Invoices etc.

Steps to follow before translation

  • Find out your requirement

This step is important as you have to pay for it and sometimes, it would be the urgency. Without figuring out, you may have to start all over again. So, find out the format they want it in (is electronic enough or do they need its hard copy?) and what language variant they want, for example, simplified or traditional English/ French or any other one.

  • Get it done from a certified translator

There are some approved translators, whose stamp proves that the work is carried out by a certified professional and approved translator.

Some countries won’t accept it if translated by any other one. Spain’s Ministry of Foreign Affairs rejects it if it’s not translated by an approved translator who is not enlisted. It is simply because they are officially trained and qualified in the past. So, there authenticity will be approved automatically.

  • Format

The applicant may not know what type of format any document need for translation. It’s up to the translator who make it happens. But, if he is not certified, you may lose your valuable money and time. So, find out what format is required.

Typically, one needs:

  1. an official paper
  2. Sign of the translator
  3. Seal/ stamp of the approved translator
  • Quality

The quality does not matter in this case. As it’s been done by an approved translator, the quality is a given. It is simply because the translator has passed through examination and qualified for the role. However, it’s normal but, the immigration authorizes require it.

This is how one easily gets the translation document services.

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