Immigration Services Archives

USCIS Immigration Law Amended: Signature Required

April 26, 2018 Manoj Sodhani Comments 0 Comment

The USCIS (US Citizenship and Immigration Services) has come with some really rough and tough immigration laws. The Trump ruling governance is committed to bring the natives at the fore position. Be it education or any job facility, it works dead seriously to protect its civilians’ rights.

However, the recent amendments introduced a sigh of relief for NRIs or non-resident Indians. Every year, around 65,000 people from across the world file petition for the non-immigrant visa. And its biggest share falls into the bag of India and China, which are around 15,000 visas.

Let’s catch on a few recent amendments that would be valuable for you.

What is the change in the form?

The non-immigrant visa requires two Forms to fill. One is I-129 and another is Form I-907. The former form represents the petition on behalf of the non-immigrant work. The employers file it. The latter form displays the petition filed under premium processing. However, this kind of processing is suspended for the financial year 2018. I’ll put more light over it in the upcoming section of this article.

According to the alterations in the USCIS immigration law,

The interim memorandum’s policy on the power of attorney signature is invalidated.
The implication of prohibition over the power of attorney’s signature would not be applicable if the applicant is younger than 14 years/ disable.
Only authorized employer or employee would be valid. This improvised rule will come into effect from March, 2018.
The signature of the petitioner would be verified as an authorized signature.
The USCIS holds right to rejection of the petitions those are inked by the power of attorney holder.
The immigration authority will not allow that discrepancy to be corrected if the petition is found with a faulty signature.
The competent authority will come with more updated information time to time. That updated bulletin will throw light on the specification of the authenticated signature.
The scheme of digital signature is in the pipeline of the same authority.

Why?

The changes might be meager. But, they have consistency and integrity to withstand the natives’ right. This is a strong step to safeguard their immigration system.

H1B visa cap:

After a long cease, the US foreign affair authority has lifted ban over receiving H1B visa applications. Prominently, the highly qualified professionals of information technology, science, mathematics and medicine apply for this visa every year. But, the previous year proved bitter for those applicants.

Now, the authority has announced to accept the same visa application from April 2, 2018. But these applications would be effective for the upcoming financial year (that is 2019).

It is noteworthy that the petitioners must submit fee for the Forms I-907 and Form I-129 separately. If one pays cheque showing the combined payment, his/her petition would be rejected. It implies that the separate payment is mandatory. This arrangement would be effective until the suspension of premium processing would be lifted up.

Catch what the premium processing actually is.

Suspension of Premium Processing for 2019:

The premium processing is an expedited processing of the H1B visa program. If you are willing to work in the USA, you should go for this visa facility. The employer files petition on your behalf.

This kind of quick visa application is suspended for now. The amendment will be followed till the next update. Although, the suspension is valid till the next financial year. Earlier, the petitioners with the US master degree were kept away from such bar. But now, they would also follow the same route of suspension. Their application would likely to be considered in the next financial year.

Bear in mind that this service is suspended temporarily. It will resume in the future.

When can be the expedite request accepted?

The expedited processing would be accepted for the financial year 2019 if the application meets these criteria:

The company is undergoing severe financial loss
Emergency
Humanitarian ground
Non-profit organization that is in the interest of the United States
National Interest situation
USCIS flaw
Interest of the USCIS

Why suspension?

The applications are in bulk to process at the USCIS office. The authority is unable to process them all. And their count is swelling up and up.
The adjudication is aligned for those who have completed 240 days and need H1B extension.

Startup Visa Policy for Immigration To Be Applied in USA

December 6, 2017 Manoj Sodhani Comments 0 Comment

Many revisions in the immigration policy have introduced several ups & downs in the US economy. These upheavals have started shooting when Donald Trump came in the rule. With several cheers to its natives, the changes gave NRI industrialists a violent lurch.

Now, many foreign entrepreneurs have buckled up their shoes to fight for their rights. They went for the lawsuit. Consequently, the district court of the USA has announced a verdict on 4^th December, 2017. This verdict got a sigh of relief for the plaintiffs, especially NRIs.

What is International Entrepreneurs Rule?

Aim: International Entrepreneurs Rule or IER is a proposal of the former Obama Administration. It proposes the idea of promoting the footfall of foreign entrepreneurs in the USA.

What: It’s all about granting a temporary parole to the foreign entrepreneurs. The Department of Homeland Security (DHS) is an official authority to revise it later. Such grant will allow them to stay in the USA and scale up their business. The entrepreneurs would have to meet certain criteria to get it.

This rule got the final touch by the Obama administration. His administration named it as Obama Startup Visa policy. It was proposed with the view to motivate the qualified foreign investors to raise huge capital. Initially, it was proposed to be given temporarily. But later, the USCIS would convert it into a permanent residency provided he/she would comply with the visa rules.

Terms and Conditions of Startup Visa:

Initially, the permanent residency was anticipated to grant via the Startup Visa USA 2017. When the presidency was handed over to the Trump, the time period was restricted. Now, it would be granted for two and a half year. Subsequently, it would be revised for the same duration.

It was announced to be executed in July, 2017. But now, the DHS has officially stated that it would come into effect from March 14, 2018.

Delay in its Implementation:

As aforementioned, the IER was to be enforced earlier. On noticing utmost delay in the implementation, the National Venture Capital Association with several Indians (NVCA) & foreign traders filed a petition in its Federal Court. On hearing, the district court magistrate found that the Trump administration is indeed causing delay. It found the administration’s act as unlawful. Due to it, the traders are encountering unbearable hardships.

The shortage of the dedicated foreign entrepreneurs has started impacting its economy. The fostering of innovation, business activities and dynamism is gradual now. The picture of this economy was not ugly in 2016. More than half of the startups (14 by Indians) were set up by the immigrants. That valued worth $1+ billion. Today, this value fell down due to delays in the implementation of the IER rule.

What are initial parole requirements?

Besides official formalities like application of CENOMAR, birth certificate and other immigration papers, the American government has already put several barriers in applying for the H1B visa rule. Here are a few more announcements to add on IER:

The parole seeker entrepreneur must start up the business in the USA within 5 years post applying.
The USCIS would stamp the entrepreneur visa for 30 months. Its validation can be elongated further for the same duration (i.e. 30 months).
The businessman must prove its great potential in offering job opportunities and exponential growth.
Such investors in the economy must acquire at least 10% ownership in that trade. Nonetheless, he/she should be actively involved in that trade activity.

The trade or business must associate with the qualified US investor to invest at least $250, 000. If so is not possible, he/she should take a grant worth $100, 000 from the American government entities.

Fast H-1 Visa Processing Suspended for Six Months by the US

March 15, 2017 Manoj Sodhani Comments 2 comments

Do you have any dream of flying down to the US for studies and carving career? If yes, then think twice. It’s not the right time to take such a big decision. The diplomacy in the US is undergoing transformation. Lenient immigration rules are likely to reinstate by stringent policies.

The Trump-led administration is posing as the terrible threat to the illegal immigration procedure. The deportation procedure is reformed as more stringent. Under this stringency, seven Muslim countries are likely to be slapped with an uncertain ban. By predicting severe consequences of this decision, the federal court has frozen this decision for now. But no sooner this tabled bill will be green signaled, the ban will affect adversely to the US economy as well as the emigrants.

Do you think NRIs, PIOs and OCIs will be spared? Your anticipation may prove incorrect. The H1B policy is likely to be revised.

Suspension of the fast visa processing:

The USCIS or the US Citizenship and Immigration Services has stated on behalf of the US president that

The premium processing of visa that was likely to continue from April 3 would be suspended.
The seekers of this premium processing of visa must hurry since only 15 days are allotted for subscribing this NRI services for attestation of degree & certificate Till last year, this processing continued for a few months.
The premium visa processing service would be availed to the certain applicants who would have been hit by humanitarian reasons and emergency situations. This crunch time has risen extra-ordinary financial crisis to some companies and individuals. This program is specifically kick-started for those ones.

Every prospective emigrant is well versed with this visa policy. What’s it?

Aim of H1B visa policy:

When we turn over the annals, 25^th November 1990 emerges as extremely significant. It’s the very day when both, India and the US, inked the H1 B visa policy. What it actually approves to the US is to:

Employ non-US citizens who are exceptionally skilled and expert but only on temporary basis.
Initially, such emigrant-employees would be permitted to work there for three years only.
Later, this period can be extended for three more years but only when comply with certain conditions.

Information and technology (IT), medicine, engineering and mathematics are popped as the biggest beneficiaries subsequent to this treaty. The biggies like Infosys, Wipro and many other enterprises attempted to employ expert graduates from Indian diaspora. The point to cheer for such employees need not undergo the hassles of getting NRI certificate attestation services from HRD. The enterprises oblige such professionals by completing all formalities required for this purpose.

Certificate attestation from HRD is the path full of barriers because every year 85,000 applicants apply for this visa. Such a huge number of applications can ideate you how lengthy this procedure would be. Moreover, the employer bears their expenses which also include MEA attestation fee in India. Therefore, it’s a win-win situation for the Indian pool of talent & expertise.

How OCI Card Is Helpful in Immigration?

October 7, 2016 Manoj Sodhani Comments 1 comment

OCI Card

Immigration is a complex process. A lot of hassles barricade an individual while shifting. Like other countries, Indian government has empowered foreigners, Person of Indian Origin and non-residents’ diaspora with hurdle-free traveling through OCI (Overseas Citizen of India) card.

However, foreigners are eligible to get this card but there are certain exceptions. For example, the citizens of Bangladesh, Pakistan or any such nation that the Central Government declares ‘ineligible’ shall be impermissible.

Let’s take a look who is applicable for owning it indeed.

Who can have it?

It is a must to notice what the Section 7A of the Citizen Act states. It consists of the vital information that describes who is eligible for obtaining this card.

The foreigners who can register must be:

Indian native at or onwards the time when its constitution (in 1950) was written.
Eligible for procuring citizenship of India on 26^th January 1950.
Of the territory that was acquired by India after 1947.
The minor child/ grandchild/great grandchild of the aforementioned person.
The minor child whose both or either parent were Indian citizen.
The spouse of the OCI card holder.
The child/ grand-child/ great grandchild of the parents who were Indian citizen (as per provision of the Government of India Act (1935).

Inapplicable are those who

Belong to Pakistan, Bangladesh or any other country that shall be specified by the Central Government.

How one can get an OCI?

The request for its issuance is now processed digitally. The government has sped up its processing by introduced its registration from its formal website. Sometimes, confusion confines the applicants. They don’t get the idea of selecting the appropriate application form. So, they must carefully select the Form XIX which is enough for a family consisting of spouses and two minor children.

Its part A and B are filled online. Subsequently, its hard-copy must be submitted to the Indian Mission with the following documents.

Citizenship certificate
Proof of self/ grandparents/ great grandparent (property papers/birth certificate/residential proof of 1950 or before)
Passport
Copy of domicile certificate
Birth certificate/residential proofs attested by the first class Magistrate/ District Magistrate.
Marriage certificate of spouses (of Indian origin)

While submitting all these documents, the authority processes this request only in return of particular amount (which is INR 15,000 currently). However, this sum can be changed as per direction of the authority.

It’s advantageous!

It would be a happy moment when one travels across the country and no hassle obstructs. This exactly is the benefit which this card awards to its bearer. But this is not the only one. There are more advantages that can relief mavericks. Catch a few below:

Multi-purpose visa for life long.
No need to verify with police even though the stay exceed 180 days limit.
Parity with NRIs in respect to financial, economic, and educational benefits.
Parity with NRIs when it comes to adopting an Indian child.
Parity with NRIs in respect to tariffs for domestic flights.
Parity with NRIs when it comes to paying entry-fee for touring wild-life sanctuaries and national parks in India.
Parity with NRIs in respect to paying entry fee for visiting national monuments, heritage sites and museums in India.
Parity with NRIs when it comes to take admission in All India Pre-Medical Test or any such test.
Permitted to show an attested/notarized affidavit that specifies address (& email address) of the bearer in place of residential proof.

It is noteworthy that this card does not facilitate acquisition of agricultural or plantation land/property. Therefore, such persons cannot buy any farmhouse or farm/field in their own name.

Comparison between PIO and OCI card facilities

Apart from NRI status, there is a third facility also called PIO card. It expands as Person of Indian Origin. However, the Modi government has ceased accepting fresh application for seeking this card since 9^th January 2015. Yet, its old bearers are permitted to enjoy its all benefits.

In terms of benefits, both, cards are more or less equal. But still certain differences make them poles part. These differences reflect in:

Since the formerly mentioned card is no more issued, its holders are recommended to switch it with latter card. They can enquire for how PIO card holders can apply for OCI card at the nearest FRRO office. Although it is not mandatory yet the confusion spread when this bulletin surfaced. Today, it’s clear that the already registered PIOs card-holders can resume its use for traveling. They must carry their old as well as new passport along.

This news had surely burdened lots of worries on the prospective travelers. Now, the competent authority (FRRO) provides a registration booklet to PIO card-holders. They can get it attested on every visit from the consular office/passport authority. Forgetting passport can reject their entry. So, they must keep it along.

The conversion slaps an extra cost worth INR 8,000. The applicant has to visit the bank for withdrawing a Demand draft of the same amount.

How to Apostille NRIs Single Status Certificate in India?

May 26, 2016 Manoj Sodhani Comments 0 Comment

People emigrate to live up their dreams. Lavished life and successful career tempt and prompt them to fly to abroad. Some intend to attain degree or diploma in specific field. At that time, they have to pass through ordeals of paper work and attestation. Every country has a set of norms for the citizens and foreigners. Apostille facility has eased the procedure of immigration. It removes all the glitches and provides effortless way to get stamps of the competent government or semi-government authorities. …

S2NRI

Blog

Browsed by
Tag: Immigration Services