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IMPACT – MEDIUM
What is the change? Hyderabad is now requiring that foreigners submit a form from their landlord or hotel where they are staying when they register with the Foreigners Regional Registration Office, extend their current visa or apply for exit permits.
What does the change mean? India has been introducing the requirement to various jurisdictions for more than a year and will continue to extend it to all jurisdictions in the coming months.
Background: This requirement is not new. It began in Chennai in 2013, as BAL reported at that time, and has been extended to other cities in phases.
The rule requires that foreign nationals obtain the form from the landlord or property owner where they are staying, including apartments, hotels, guest houses and private residences. The form used to be manually submitted but is now online for landlords to fill out, expediting the process.
BAL Analysis: The landlord requirement is a way for authorities to better track foreigners and prevent them from overstaying their visas.
This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
India has filed a complaint against the United States in the World Trade Organization alleging that a recent U.S. law that increases H-1B and L-1B visa fees for certain employers violates international trade agreements.
The new fees were passed by Congress in December under an omnibus budget bill and affect certain employers sponsoring high-skilled foreign workers on temporary U.S. visas. Specifically, employers whose workforce comprises 50 or more U.S. employees of whom more than half are H-1B or L-1 workers must pay $4,000 for each H-1B petition and $4,500 for each L-1 petition. The new fees apply to initial petitions as well as extensions and amount to a doubling of previous fees.
The complaint, filed Thursday, formally initiates dispute proceedings, and India and the U.S. now have 60 days to reach an agreement. If they cannot agree, India may request that a WTO panel decide the matter.
India claims that the fee hikes are inconsistent with U.S. obligations under the 1995 General Agreement on Trade in Services (GATS), a key agreement that binds members of the WTO and requires members to liberalize trade in services by not impeding international movement of individuals and entities. Exceptions apply if a country imposes restrictive measures to ensure compliance with immigration laws or to prevent deception or fraud. This agreement encompasses employees of foreign-owned businesses, but whether it also covers foreign employees of domestic companies remains unclear.
If India and the U.S. do not settle the matter and the visa fees are found to violate the GATS, the WTO may recommend that the U.S. change the fees to comply with the GATS. If the U.S. does not comply, India may then seek permission from the WTO to impose retaliatory measures against the U.S.
BAL Analysis: The new H-1B and L-1 fees face a serious risk of being found inconsistent with the GATS if they do not fall under an exception to GATS and are found to be high enough to restrict trade in services. In 2010, BAL provided legal analysis to a report by the National Foundation for American Policy predicting that proposals to significantly raise H-1B and L-1 fees (at that time, fees of $10,000 to $50,000 were proposed) would be “highly vulnerable to challenge from WTO members whose companies use H-1B and L-1 visas to perform services in the U.S.,” and could lead to retaliation against U.S. companies. In addition, the report concluded that several additional proposals to restrict H-1B and L-1 visas had a “significant likelihood of being found inconsistent with U.S. commitments under GATS.” Some of those provisions have been reintroduced in current pending legislation. The full report by the National Foundation for American Policy may be viewed here.
What is the change? India has expanded its e-Tourist visa program to nationals of 37 additional countries, including Austria, the Czech Republic, Denmark, South Africa and Switzerland.
What does the change mean? The e-Tourist program benefits tourists from designated countries. Business travelers are advised to obtain visas from an Indian consulate before travel, except for very narrowly tailored, urgent business trips.
Background: Nationals of the following countries are eligible for e-Tourist visas as of Feb. 26:
The Indian government has dramatically expanded the e-Tourist visa program since the fall of 2014. The program is now available to nationals of 150 countries. The complete list of eligible nationals can be found on this Indian government’s website. Eligible travelers are limited to two e-Tourist visas per year.
BAL Analysis: People traveling to India on business are reminded that because of the narrow definition of business travel, the wide discretion that border officials exercise and the high risk of being turned away at a point of entry, BAL does not recommend that business travelers use e-Tourist visas.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
What is the change? Person of Indian Origin (PIO) card holders are reminded that the Indian government has set March 31 as the deadline to convert PIO cards to Overseas Citizen of India (OCI) cards.
What does the change mean? Although Indian authorities have not explicitly made it mandatory to convert from PIO to OCI cards, and although the conversion deadline has been extended in the past, PIO card holders are nonetheless encouraged to complete the conversion before the March 31 deadline in order to avoid interruption of travel plans.
Background: The Indian government merged PIO and OCI cards in January of 2015. Authorities originally set a Sept. 30. 2015 deadline for converting PIO cards to OCI cards, but subsequently extended the deadline. The current deadline is March 31.
BAL Analysis: PIO card holders can obtain OCI cards from the Indian mission or Foreigner Regional Registration Office (FRRO) that has jurisdiction over their current residence. Applicants should check with their local FRRO, overseas mission or consulate on specific procedures and requirements, as they may vary from location to location.
IMPACT – HIGH
What is the change? The U.K.’s Immigration Minister has announced a package of service-level reforms to improve visa turnaround times for U.K. visa applicants in India.
What does the change mean? Super Priority Service will be expanded to include first-time visitors and Tier 2 work visa applicants, and Priority Service will be expanded to visit, student and work visa routes. In addition, a shorter online visa application form will be introduced for all visa applicants.
Background: U.K. Immigration Minister James Brokenshire announced the expanded and improved visa services during a visit to India last week.
Super Priority Service provides 24-hour turnaround on visa decisions for a government fee of £600 in addition to the normal visa-application fees. It was introduced in India in May 2013. Priority Service provides a decision in three to five days for an additional government fee of £120. Currently, the services are limited to visitors who previously traveled to the U.K. or other designated countries within the previous five years, and to employees of companies that are members of the Business Express Programme.
The new online application form will be shorter than the current form, will be accessible from mobile devices, will auto-complete a Schengen visa application form for applicants who want to apply for a Schengen visa to visit mainland Europe in addition to their visa to the U.K., and will allow applicants to book their appointment at a U.K. visa application center seamlessly.
Additionally, a new visa application center will open in Lucknow, the first VAC in India’s most populous state, Uttar Pradesh. This follows the recent opening of a joint UK-Ireland VAC in Hyderabad. The number of visitors from India to the U.K. rose 17 percent in the past year.
BAL Analysis: The expansion of Super Priority and Priority visa services to first-time visitors, Tier 2 visa applicants and Tier 4 student applicants will provide more flexible options for visa applicants in India who require faster service, and is a welcome addition to the range of services offered.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
What is the change? On Monday, Japan implemented an extension of visa validity to 10 years for Indian nationals.
What does the change mean? Indian nationals may obtain a 10-year multiple-entry visa to Japan for business and academic exchange purposes on their first visit. The purpose of their subsequent trips to Japan can be for tourism or to meet friends and family.
Background: Foreign Minister Fumio Kishida said the new visa rules aim to increase repeat visits to Japan and enhance convenience in the business sector. Japanese Prime Minister Shinzo Abe announced the planned visa relaxation in his meeting with Indian Prime Minister Narendra Modi in December.
BAL Analysis: The extended visa validity will benefit business visitors, academics and artists from the two countries. Travelers are reminded, however, that they are not permitted to conduct activities on business visas that will generate revenue or activities for which they will receive remuneration.
This alert has been provided by the BAL Global Practice group and our network provider located in Japan. For additional information, please contact your BAL attorney.
What is the change? The process of filing in person for an Indian visa in San Francisco has changed and now requires that individuals who want to file in person book an appointment before appearing at Cox and Kings Global Services (CKGS), the Indian government’s visa services provider.
What does the change mean? Walk-ins without an appointment will no longer be accepted. The change only affects individuals who want to file their applications in person.
Background: The change is part of a transition to CKGS which took over the Indian government’s visa services in the U.S. in 2014. In the past, applicants who wanted to file in person could walk in without an appointment or could book an appointment independently of the application process.
CKGS is now requiring that all in-person applicants in San Francisco book an appointment. In addition, the online appointment booking page is only available after an applicant completes the CKGS application.
BAL Analysis: The procedural change may inconvenience in-person applicants. The change has only been implemented in San Francisco at this point. BAL is monitoring these changes and will follow up as additional information becomes available.
What is the change? South Africa’s diplomatic missions in New Delhi and Mumbai are facing increased workload and staffing shortages that have caused serious processing delays.
What does the change mean? Foreign nationals applying for work permits or visas at South African missions in New Delhi or Mumbai should submit their applications as soon as possible and anticipate delays.
Background: The delays are due to a shortage in staffing and an increase in demand for visas, permits and other services. South African officials in India have reported that they are experiencing roughly double their normal workload. There is no indication at this point of when delays might be alleviated, but the backlogs are serious. More than 800 applications are pending in Mumbai, and officials this month were still busy with visa applications from June.
BAL Analysis: Travelers in need of immigration-related services at South African missions in India should submit applications as soon as possible to avoid unnecessary delays in their travel.
This alert has been provided by the BAL Global Practice group and our network provider located in South Africa. For additional information, please contact your BAL attorney.
What is the change? Schengen zone countries are set to roll out their common visa application system Nov. 2 at embassies and consulates in Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka.
What does the change mean? Affected visa applicants will be required to provide biometrics (fingerprints and a photograph) at the appropriate embassy or consulate.
Background: The Visa Information System, which unifies the application process for Schengen visas, was introduced in 2011 and is being launched region by region. The Nov. 2 rollout follows introduction of the system in Russia last month and in China, Japan, Mongolia, North and South Korea and Taiwan this month.
BAL Analysis: Schengen Visa applicants with upcoming travel plans should be prepared for the extra step of appearing in person at an embassy or consulate to provide biometrics when applying in a region where the system has been implemented.
What is the change? Authorities have announced that the deadline for Person of Indian Origin (PIO) card holders to submit applications for Overseas Citizen of India (OCI) card registration, which was previously set for Sept. 30, has been extended to March 31, 2016.
What does the change mean? This new notice gives PIO card holders more time to convert to an OCI card.
Background: PIO cards were phased out and merged with OCI cards in January. In a previous notice, the Ministry of Home Affairs advised members of the Indian diaspora to convert their PIO cards to OCI cards by Sept. 30 by submitting an “OCI in lieu of PIO” application online.
Recently, however, the authorities have decided to extend the application deadline to March 31, 2016 to give PIO card holders more time to convert to OCI cards. The notice reiterated that applicants will be able to obtain their OCI cards from the Indian mission or Foreigner Regional Registration Office (FRRO) that has jurisdiction over their current residence.
BAL Analysis: Although Indian authorities have not explicitly made it mandatory to convert from PIO to OCI cards, PIO card holders are strongly encouraged to complete the conversion prior to the new March 31, 2016 deadline to avoid potential interruption of travel plans. Applicants should check with their local FRRO, overseas mission or consulate on specific procedures and requirements, as these may vary. BAL is closely monitoring policy changes regarding PIO card validity and will provide information as new polices are confirmed.