H-1B Program Changes to be Implemented Soon The Department of Homeland Security (DHS) has sent a new H-1B regulation to the Office of Management and Budget for their final review.  This regulation is expected to toughen eligibility criteria for foreign nationals and impose new obligations on employers.  The regulation will be published as an “interim […]

In-Person Interviews Waived in Certain Cases at U.S. Consulates According to the latest statement put out by the Department of State (DOS), consular officers will have the authority to waive the in-person interview requirement for individuals applying for a nonimmigrant visa (such as H-1B, L-1, F-1, H-4) in the same classification, and whose previous visas expired […]

Travel and Visa Restrictions | India | August 31, 2020 1. All scheduled international commercial passenger services will remain closed until September 30, 2020. However, international scheduled flights may be permitted on select routes on a case-by-case basis. 2. All Indian visa services (excluding in-country registration, visa extension and other in-country services) remain suspended until […]

The U.S. Citizenship and Immigration Services (USCIS) announced that it will avert the anticipated furlough of more than 13,000 employees, which was scheduled to begin August 30.  The agency avoided this furlough owing to spending cuts and a steady increase in its incoming revenues.  The USCIS expects to be able to maintain operations through the […]

Foreign nationals have been approved for work authorization in due course but have not received their EAD cards for several months.  There have been delays since December last year. On August 19, 2020, the USCIS announced that until December 1, 2020 employers will be permitted to accept certain Approval Notices (Form I-797, Notice of Action) […]

India is now permitting the entry of Overseas Citizen of India (OCI) cardholders from the U.S., the UK, Germany, and France.  These are countries that India has signed ‘air bubble’ arrangements. However, OCI cardholders who are nationals of all other countries are permitted to travel to India only under specific circumstances.  The following category of […]

Immigration and Customs Enforcement (ICE) has further extended flexibility in completing Form I-9 procedures because of the COVID-19 situation and employers and employees operating remotely.   The ICE guidance allows employers who are operating 100% remotely to verify employee documents virtually, e.g., using fax, email or video link, for the purpose of Form I-9 employment […]

The U.S. Consulates in Mumbai, Chennai, Hyderabad and Kolkata and the consular sections at the U.S. Embassy in New Delhi will begin processing F-1 student visa applications on a limited basis on August 17. The Consulates will first process emergency F-1 visa appointment requests received prior to August 12 and then offer public appointments. Prospective students […]

The U.S. State Department issued new guidance (on August 12) regarding President Trump’s Proclamation that bans the entry of certain non-immigrant visa holders including H-1B and L-1 employees.  The Proclamation does not apply to applicants who were in the U.S. on the day that it took effect, i.e., June 24, 2020, or who had a valid visa in […]

In March 2020, USCIS had accepted online H-1B registrations for the FY-2021 cap-subject petitions. H-1B numerical allocations were made from these registrations in the initial period and registrants were notified of the selected registrations no later than March 31, 2020.  Registrations that were not denied continued to be in “submitted” status.  The new selections are […]