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Visa Policy for Immigration
Startup Visa Policy for Immigration To Be Applied in USA

Startup Visa Policy for Immigration To Be Applied in USA

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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 4th 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.

H1B Visa Petition
How Do NRIs Change Address in H1B Visa Petition in the US?

How Do NRIs Change Address in H1B Visa Petition in the US?

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It may be possible that you need to change your work location in the USA. Or, the US employer may change your work location willingly. The expats must drill their head to know what should be done in such situation. It’s a must that the norms must be looked into prior.

As H1B visa is procured to work in the US, the expat must be a no Greek to amendment or changes in the H1B petition. Yes, it’s compulsory to get the changes in location marked. While doing so, these tips for changing address or location of work in H1B visa would be helpful. So, keep them in your mind.

Which guidelines of USCIS do mandate amendment in visa?

The USCIS or ‘United States Citizenship and Immigration Services’ executes immigration rules in the US. According to its one of the mandates, the expat has to file a petition called the new Labour Conditions Application (LCA) after noticing change in his work location. It’s a substantial step that is a must to follow for upgrading the location mentioned in the visa.

When is the time to change location on H1B visa?

The US employer has a few steps to take for upgrading the record-books of the USCIS. However the work-location would be changed for the expat but the petitioner would be the US employer. But this condition is applied only if the expat is going to be relocated outside the metropolitan statistical area or the area for which he is employed. That region is mandatorily mentioned in the visa papers. And if location changes later, the US employer must:

  • File for H1B amendment. It must be done prior to relocating if the change of location is decided after August 19. However, there is no need to wait for approval as petition is more important.
  • There is a timeframe fixed to change the location that lasts between April 9 and August 19. If the application is not filed, the employer as well as the employee would come out of compliance.
  • The last date of filing this amendment application is January 15. If so does not happen, the USCIS would be free for deportation initiation.

When is it not required?   

The amendment petition would not be required if:

  • The location would lie within the ‘area of intended employment’. The employer, in this case, would be liable to send the existing LCA certificate for attestation services to the immigration authority within 10 business days.
  • The expat is generally relocated for 30 to 60 days. In case, the relocation would be shorter than the said period, no new LCA would be required.
  • The site is not the actual workplace of the expat.

What if the petition is rejected?

Sometimes, it may be possible that the petition for H1B amendment is canceled. In such case, the US employer can reapply with all the evidences and concrete proofs. But this should be done before the due date (i.e. 15th January)    

Consequences if not filed for amending location: 

If the US employer fails to file it:

  • The petitioner will no more be in compliance with the DHS (Department of Homeland Security) regulations.
  • The petitioner would be eligible to face off notice of intent which can initiate revocation.
  • The expat would no more be able to maintain his/her H1B visa status.

It’s true that the revocation can be initiated if the LCA certificate is not submitted. But it’s also true that the final decision lies in the hands of the USCIS. It can put the revocation on hold if would find no concrete reason other than the delay of filing for new LCA certificate.

Renew Old Indian Passport
How I Renew Old Indian Passport? Can I Add My Spouse to It?

How I Renew Old Indian Passport? Can I Add My Spouse to It?

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The validity of my passport is going to expire in 2 months. Do I need to verify with police again? One thing more I want to add my spouse’ name to it. Do I need to file a fresh application for new passport or will the old one be renewed? Please explain ‘how’ also.

Yes, you can get it renewed and you are permitted to add spouse’ name to your new book. Indeed, what you asked are pretty common problems. Hundreds of expats are encountering it. Such inflicted non-residents can go through the following procedure of passport renewal in India.

  1. Online registration: With the transformation of typical passport application format, the new digital format is quite impressive. Believe, it’s really very easy to apply for renewal of passport by following these steps.
  • Browse official government website of passport.
  • Get registered with the PSK site by clicking the hyperlinked ‘Register Now’ on home page.
  • Access the link on your email id.
  • Login through the activated account.
  • Click “Apply for fresh passport/re-issue of passport”.
  1. Fill application: After getting registered, you would land to the page that would have 2 formats of application. You can select either of them to apply for fixing Indian passport renewal time. Subsequently, the verification would take place in-person at PSK office. Those2 formats are:
  • PDF of re-issue of passport application.
  • Softcopy of the same application form.

Fill the requisite information, like name, residential address, contact details, DoB, village/city/district and so on. If you had already enjoyed nri services while being in foreign country, you would have OCI card. You should mention it there.

  • Upload the filled application form. The system will ask for verification before saving.
  • Click ‘validate’ tab.
  • Take out its hard copy.
  1. Pay: Once the application of the Indian passport renewal form is completed, the browser will automatically direct you to the tab that points to fulfill all requirements to pay its online charges.
  • Click on ‘’Pay and Schedule Appointment”.
  • The options will be in front of you. Choose either ‘online payment’ or ‘challan’.
  • If you select online method, the browser will redirect you to the netbanking wherein you can made payment in account of PSK.
  • Download the receipt afterwards.
  • Check if the barcode and payment confirmation are clearly visible on it.

You can appoint an outsourcing entity like Services2nri.com for getting rid of sweat & hassles.

  1. Fix an appointment: After payment, the website will redirect you to the page where you can choose the ‘date of appointment’. An auto-generated slot would be available there. You need to pick up the most suitable from those dates.
  2. Documents required: Visit the PSK office on the selected date & venue with these papers:
  • Hard copy of the application form with the Application Reference Number.
  • Old passport’s photocopy of first, last and the page with ECNR information.
  • Address proof, like Utility bills/electricity bill/proof of gas connection/ ration card/bank passbook/ aadhaar card or voter id.
  • Marriage certificate & its photocopy.
  • Originals of 10th mark sheet/college degree.

After verification there, the police verification will occur within a week or 10 days. The applicant must be ready with 2 witnesses and their aadhaar card.

 

H1B Visa
Fast H-1 Visa Processing Suspended for Six Months by the US

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

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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, 25th 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.

OCI Card
How to Apply for OCI Card?

How to Apply for OCI Card?

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Also called the Overseas Citizenship of India, the OCI system facilitates a visa-free trip to India. This trip can be concerned with the right of residency, business meeting/ conference and educational activities here. The spouse of an OCI card holder is eligible to apply for this card.

These people have very restricted rights, as they do not have the right to vote. Nor can they buy any agricultural land. Like NRIs, they can claim for inheriting ancestral property in this country.

Apply With Union Home Ministry

The Union Home Ministry has the Bureau of Immigration to look into the application procedure of the overseas citizenship cards. People from any country, except for Pakistan, Bangladesh, Nepal, Sri Lanka, Bhutan and Afghanistan, can get it.

Who can apply?

  • Children
    • Children, grand-children or great grand-children of people who were once the native of India at the time when the Indian constitution was convened on 26th January 1950.
    • At least one of the parents is an Indian citizen.
  • Foreigners
    • Who was a citizen of India at the time when the Indian constitution was formed (26 Jan, 1950)
    • Who had Indian citizenship when the constitution of India was set up
    • Who was a citizen of this country after 15th Aug, 1947
  • Spouses
    • Wife/husband of a OCI/PIO cardholder or Indian citizen, given that the wedding is legally registered and continued for at least 2 continuous years before application

 What are the documents required for OCI?

  • Proof of the present citizenship
  • Proof of self or parents or grandparents or great grandparents being a citizen of India
  • Proof of relationship as parent/grandparent/ great grandparent, if their Indian origin is the basis of your registration
  • Proof of being a foreign spouse of a citizen of India or spouse of foreign origin of an OCI cardholder
  • Passport size photograph of the applicant
  • Thumb impression of the applicant

How can you apply for it in India?

The central government has made this procedure way easier, wherein you don’t need to become a victim of corrupted officers. The applicant can apply it online and then, fix an appointment for the verification of documents in-person.

The Form XIX is available in Part A and Part B for the application, which can be filled and submitted online. However, the hardcopies of the same Part A and Part B forms must be manually submitted to the Indian Mission/ Post/ Office together with all the other requested documents.

  • The applicant can get himself/ herself registered with https://passport.gov.in/oci.
  • Later, fill up the requisite information & credentials in the digital OCI form.
  • Upload the requisite documents, as aforementioned.

How long does it take to get?

It may take a month for completing the whole process. This is the case when your application does not have any discrepancies. But if there is any, the procedure can be stretched to the maximum 120 days.

How much fee do you pay?

An application fee of $275 or equivalent amount is what you need to pay for this service. You can submit the duly filled form and fee challan with the Foreigners Regional Registration Offices or at Indian Missions abroad.

Reason of Denial & Cancellation

Upon verification, the Ministry of Home Affairs can reject your application if it finds lack of adequate security clearance, or the candidate is found blacklisted for being a guilty of any fraud or misguiding. Besides, those who is found disrespecting the Indian Constitution can meet rejection of their application.

Cancellation On the Ground Of Dual Citizenship

India does not allow any foreigner to have dual citizenship. If this card’s applicant is already registered as the overseas citizen five years ago, he can get it.

There is a condition to get this status. i.e. the applicant should have been a resident of India for 12 months before applying for this privilege.

Conversion of PIOs into OCIs

Before 2011, the External Affairs Ministry used to issue the Person of Indian Origin (PIO) cards. These are the Indian-origin people who se four generations have been not here in India, except for the people in Pakistan, Bangladesh, Nepal, Sri Lanka, Bhutan & Afghanistan.

In 2015, the PM Narendra Modi’s cabinet amended the Citizenship Act 2015, announcing these changes:

  • Existing PIO card holders will automatically be considered as OCI cardholders. They may request to have a separate, dedicated OCI card if required.
  • Those who have an approved PIO card application will automatically be migrated to the OCI system while marking the former card application as the OCI application form.
  • Those applicants whose PIO application is not yet approved must reapply with a fresh OCI application form.

Immigration Process Needs All These

Immigration Process Needs All These

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Immigration: Shifting from native to non-native country permanently is immigration process. This movement of citizens can be of any motive, such as studying, family re-union, business & escaping from prejudice or taking refuge from the place that is damaged due to natural disaster. It’s quite complicated process that needs to go through so many legalities & formalities.  It mostly occurs for seeking extra benefits by economy & services. Better job opportunities push many aspirants to go for it to make better future. But rules are rules. Legal formalities may vary country-wise for this process. Service2NRI is enabling leapfrog from complex to simple proceeding of Immigration and as well as provides all nri services. Check out how: …

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