Boost for Indian IT workers as US L-1B visas now easier to get

WASHINGTON: US President Barack Obama today announced an easing of the process to obtain L-1B work visas for corporate executives, a move that could end the large scale harassment of IT professionals from India and make it easier for Indian companies to bring employees here.

Such a move, Obama argued would attract larger foreign direct investment to the US.

"I'm pleased to announce a new action I'm also taking to make it easier for global companies who are present here today to launch and invest in the US. My administration is going to reform the L-1B visa category, which allows corporations to temporarily move workers from a foreign office to a US office in a faster, simpler way.

"And this could benefit hundreds of thousands of non-immigrant workers and their employers, that in turn, will benefit our entire economy and spur additional investment," Obama said in his address to the SelectUSA Summit.

A large number of Indian companies are participating in the SelectUSA Summit aimed at increasing US exports and attracting more foreign investment into the US.

Large scale decline of L-1 visas was a major hindrance in Indian companies investing in the US.

"One of the things that would make America even more attractive to businesses and that would grow our economy and shrink our deficits, and keep this country safer, stronger, and smarter, would be a comprehensive immigration reform package," he said.

"That's why I'm going to continue to push and prod and poke and cajole friends in the Republican party to get on board and help us get this done. We need to get immigration reform done here in the United States of America. That's who we are. So the bottom line is this: America is proudly open for business," Obama said.

"We want to make it as simple and as attractive for you to set up shop here as is possible. That is what this summit is all about," he said, and hoped that global companies would benefit from the new measures.

Obama said there has never been a more exciting time to do business in the US. 

Source: http://economictimes.indiatimes.com/tech/ites/boost-for-indian-it-workers-as-us-l-1b-visas-now-easier-to-get/articleshow/46669758.cms

5 Countries Where It's Hardest To Become A Citizen

Obtaining permanent residency status or gaining citizenship in a foreign county may seem like a good idea for those who no longer want to live in the country where they were born or whose passport they hold. But some nations make that transition especially difficult unless you marry a citizen of that country or – in some cases – have ancestors who were citizens.

In addition to marriage and ancestry,  countries with high barriers to attaining citizen status may have special residency or citizenship tracks for people who fit certain categories, such as being a highly skilled professional or investing substantially in a business enterprise. But these situations don't apply to the vast majority of prospective citizens.

Below, in alphabetical order, are five nations that make it especially difficult for foreigners to establish permanent residency or obtain citizenship:

Austria

Many EU countries have tough immigration laws, but Austria seems to have one of the lengthiest processes to become a citizen. Anyone who is not a citizen of an EU country and staying longer than six months must have a resident permit before entering the country.

People who plan to stay longer than 24 months must also sign an Integration Agreement, a process designed to enhance their German-language skills and ability "to participate in the social, economic and cultural life in Austria." 

Permanent residents must live in the country continuously for a period of 15 to 30 years before being eligible to apply for citizenship. If approved, applicants must renounce any other citizenship.

Germany 

Obtaining permanent residency in Germany is difficult unless you are a citizen of another EU country. Other foreign nationals must have lived in Germany for at least five years and demonstrate competency in language, the political system and society. Applicants must also demonstrate they have an ability to earn a living and that they’ve contributed to the national pension plan, as well as having proof of accommodation.

To become a citizen, applicants must have lived in the country at least eight years (seven, if they’ve passed a competency test) and renounce citizenship in any other country.

Japan

It takes longer to be granted a Permanent Resident visa in Japan than to become a citizen. People who want to establish permanent residency must have lived in the country for a total of 10 continuous years or more. 

Those who want to become a citizen of Japan must have lived in the country for five years, receive permission from the Justice Minister and complete a slew of paperwork (some have complained of unnecessary questions involving their personal lives). The process, according to the Japanese Ministry, can take six to 12 months, although those who have gone through it have reported that it can take years. If approved, applicants must be ready to renounce citizenship in other countries.

Switzerland

Any foreigner wanting to settle in the beauty of the Swiss Alps, or anywhere else in Switzerland, may do so for three months. To obtain a settlement, or permanent residence visa (unless you are an EU citizen), you must have lived in the country for 10 years.

If you qualify for permanent residence by the length of time you have lived in the country, you also qualify to apply for citizenship, but that is not guaranteed; applicants for citizenship must also prove they are assimilated into Swiss society. What's more, all cantons and municipalities have their own rules about granting citizenship. Switzerland permits dual citizenship.

United States

While the United States was founded mostly by immigrants, the process for achieving permanent residency and citizenship has become even more complicated since the early 2000s and the war on terrorism. Unless a person is coming to the U.S. through family or an approved job, it is very difficult to establish permanent residency (sometimes known as receiving a green card). There are special categories for those seeking refugee or asylum status, and a lottery for others who wish to apply. Click here for more information.

Those who have had permanent residency status for five years can begin the process of applying for citizenship by filling out the application and taking a test, which includes knowledge of history/government and English. Before becoming a citizen, people must swear an oath to the Constitution. The United States permits dual citizenship. For more information, read Understand The Requirements For U.S. Citizenship.

The Bottom Line

Moving from a temporary visa to permanent resident status – or citizenship – is particularly difficult in some countries. But some do succeed in the end.

Source: https://in.finance.yahoo.com/news/5-countries-where-hardest-become-234000465.html

H-1B Annual Visa Quota to Open on 1 April 2015

New H-1B visa applications will be accepted from April 1st, United States Citizenship and Immigration Service (USCIS) have announced. With an annual quota of 85,000, employers wishing to bring in graduate level overseas nationals into the country are being urged to start preparations now to be ready to submit an H-1B visa application at the beginning of April 2015.
Even if the H-1B visa petition is submitted at the beginning of April it is likely that there will be a lottery for the available visas and many applications submitted will not be considered for further processing. If the visa is approved the earliest an employee will be able to start work on an H-1B visa is 1 October 2015.

Who can apply for an H-1B visa?

H-1B visas are to employ graduate level employees to work as IT Consultants, engineers, financial analysts, scientists, software developers and in other skilled professions. The annual 85,000 quota consists of 65,000 set aside for those with at least a bachelors degree or equivalent, with a further 20,000 reserved for people with advanced degrees from US educational institutions.
Of the 65,000, 6,800 visas are set aside for citizens of Chile and Singapore as per the terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreements.
The H-1B visa is just one type of US non-immigrant visa. Other non-immigrant visas include the following.

• F-1 student visas
• J-1 exchange visitor visas
• TN work visa for Canadian and Mexican nationals
• E-3 work visas for Australians
• L-2/H-4 dependent visas
• E-1/E-2 treaty investor and treaty trader visas

High Demand

USCIS anticipates that the number of applications submitted will be double the quota; because Congress has not raised the quota level, many applications will not be accepted for further processing. Some have forecast that the number of applications will be three times the quota or more.
In 2014, over 172,000 H-1B visa applications were lodged, with just 65,000 available. As in previous years USCIS expects the quota to be used up very quickly. If the number of applications submitted during the first five business days of April exceeds the annual quota, USCIS will initiate a lottery system.

H-1B Cap-Exempt Applications

Not all H-1B visa applications are subject to the annual quota. Applications lodged to extend or amend H-1B employment for foreign workers already in H-1B status are exempt. Plus, petitions filed on behalf of new workers to be employed in H-1B status by higher educational institutions or related non-profit entities, non-profit research organizations, or governmental research organizations are exempt from the H-1B yearly cap.

Evaluating Potential H-1B Applicants

F-1 Students – Students, predominantly those with an F-1 visa, who are working under the Optional Practical Training Scheme (OPT) should be considered when deciding to petition for a H-1B visa, especially if you wish to employ the student in the long term.
Even if an employee can extend their OPT, it may stilll be advisable to submit an H-1B application for the 2016 Fiscal Year. Employees then have two chances of acquiring an H-1B visa.
If the number of applications filed exceeds visa numbers available which is almost certain to to be the case, and employees do not acquire an H-1B this time around, the OPT extension (if available) can act as back up. The H-1B visa application can then be submitted next year.
L-1B – The L-1B visa is for intra company transferees with specialized knowledge being relocated to the US. However, what constitutes 'specialised knowledge' is unclear. In recent years there has been a huge increase in the refusal rate for these visas. In some cases it may be worth applying for an H-1B visa instead.
Green Card Cases – It's possible that certain green card applicants may run out of authorised time in the US, unless they apply for an H-1B visa.

Missing the Cap

Because of the quota there is a good chance that an H-1B visa application will not even be considered. If the application is made more than a few days into April the limit may be reached prior to an application being made.
The E-Verify program may be of help to some students wishing to stay in the US. For instance, certain F-1 STEM (Science, Technology, Engineering & Mathematics graduates) could qualify for a 17th month extension of their OPT if their employer is registered with E-Verify . However, employers should note that enrolment in E-Verify is just one of the requirements for students to acquire an additional 17 months of OPT.
E-Verify is an online government facility that requires participating employers to enter employee data from an I-9 form. The details are checked against Department of Homeland Security and Social Security Administration records.

Successful Applicants

H-1B visas are valid for a period of three years with an option to extend for a further three years. They can also be extended beyond the six year period, provided a company has sponsored a candidate's application for permanent residency.

Source: http://www.workpermit.com/news/2015-02-25/h-1b-annual-visa-quota-to-open-on-1-april-2015

USCIS to allow Employment Authorization for Some H-4 Spouses

Good news for some. US Citizenship and Immigration Services (USCIS) will permit H-4 spouses of certain H-1B principal non-immigrants to receive employment authorization in the US from 26 May 2015. The change is to help spouses of H-1B visa holders who are in the process of obtaining a Green Card and who already have an approved immigrant worker petition.
The H-1B visa is to employ overseas nationals in a specialist occupation; usually highly-skilled individuals with at least a bachelors degree (or equivalent) employed in a role that usually requires you to have a bachelor's degree.
The new rule grants employment authorisation to the H-4 spouse of an H-1B visa holder where the H-1B visa holder is waiting for an immigrant worker visa due to visas currently being unavailable. The US already provides work authorization to the spouses of L-1 intra-company transfer visa holders, those on E-1 treaty trader and E-2 treaty investor visas and J-1 exchange visitors.

Eligible Applicants

H-4 dependent spouses of H-1B principal non-immigrants, who are beneficiaries of an approved I-140 petition based on 'green card' sponsorship by an employer, are eligible applicants under the new rule.
Due to processing delays in many I-140 immigrant visa classifications (e.g. EB-1, EB-2 or EB-3), and the limit on the number of visas available based on the country of birth of the I-140 spouse or beneficiary, it may not be viable for the beneficiary of an I-140 petition to progress directly to the final stage of the 'green card' process to apply for an adjustment of status to lawful, permanent resident.
Indian and Chinese individuals in particular have to wait for years to receive an available immigrant visa number due to significant backlogs.
Although the H-1B principal continues to be employment authorized, spouses accompanying them are currently prohibited from working for the entire length of time that an immigrant visa number is unavailable. Unless that is the H-4 spouse can come under the H-1B or some other type of work visa.
The introduction of the new rule allows the H-4 spouse to lodge an application for employment authorization during the backlog waiting period.
H-4 dependent spouses of H-1B principal non-immigrants, who qualify for post-sixth-year extensions of H-1B status based on American Competitiveness in the 21st Century Act (AC-21), are also eligible.
Normally, the H-1B status is limited to a total of six years. Exceptions do exist for people who meet certain conditions of the 'green card' process, which may or may not include approval of an I-140 petition.
Now, under the new rule, the H-4 spouse of an H-1B principal non-immigrant who qualifies for post-sixth-year AC-21 benefits can apply for employment authorization.
This rule does differ from more generous rules, that allow all L-2 and E-2 spouses to lodge an employment authorization application.
To apply under the new rule, H-4 dependent spouses who are eligible will be required to submit an I-765, 'Application for Employment Authorization' form, complete with supporting evidence and the $380 fee. This is required to acquire form I-766, the 'Employment Authorization Document (EAD).
Upon USCIS approval of an I-765 form and receipt of an EAD, an individual is permitted to work in the United States.

Help for families and employers

The purpose of the new rule is to help families of H-1B non-immigrants and to assist employers, indirectly, that find retaining their highly-skilled employees challenging because of an employee's long wait to earn lawful, permanent resident status. However, not everyone is able to apply for permanent residency and the Obama administration was quick to emphasize that this is not a blanket employment authorization program for H-4 spouses.

Applications for employment authorization

Under the new rule USCIS will be accepting employment authorization applications from May 26 2015, which will be 90 days after the publication of the new rule in the Federal Register.

Beneficiaries

The new stipulations will benefit H-4 spouses under the following circumstances:

• Where the H-1B visa holder is the beneficiary of an approved I-140 immigrant visa petition for which an immigrant visa number is not available, or
• Where the principal H-1B qualifies for a post-sixth-year extension of H-1B status in accordance with the American Competitiveness in the 21st Century Act (AC-21)

How does this rule affect employers?

It is likely that valuable H-1B staff will opt to stay in the US. Otherwise some H-1B visa holders may decide that they do not wish to wait any longer and decide to leave the US.
USCIS predicts that the number of people that qualify for employment authorization as a result of the new rule could reach 179,600 in the first year, plus a further 55,000 annually in the years that follow.

4 caught with forged Australian visas

Four Indian nationals were arrested at Suvarnabhumi airport on Sunday while trying to board a flight to Sydney with forged Australian entry visas.

They were apprehended while waiting to check in for Qantas Airways flight QF024 bound for Sydney, scheduled to depart at 6.25pm, and their arrest disclosed by police on Monday.

Police patrolling the departure terminal said the group was acting suspiciously near a Qantas check-in counter, so they asked to search them. An examination of their documents found their Australian visa stamps were bogus. 

The suspects allegedly confessed that they bought the forged visas from an unidentified Thai man for US$7,000 (about 230,000 baht) each. Police have charged them with forgery and using false documents  and were attempting to track down the forged-visa supplier. 

Source: http://www.bangkokpost.com/news/general/498132/4-caught-with-forged-australian-visas