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IMPACT – MEDIUM
What is the change? India’s Ministry of Home Affairs has published several changes to its visa rules.
What does the change mean? The main changes affect Employment, Business and Project Visas.
Background: The Ministry of Home Affairs published the changes May 29. The major changes are as follows:
BAL Analysis: The transfer of authority for business and project visa extensions to local authorities will ease administrative burdens on companies and foreign assignees applying for extensions, and result in faster processing of business and project visa extensions.
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.
IMPACT – HIGH
What is the change? The Indian Embassy and consulates in the United States will replace its current outsourcing services provider, BLS International, with a new contractor, Cox & Kings Global Services Pvt Ltd.
What does the change mean? Applicants applying for visas and other consular services in the U.S. may face delays, and should anticipate changes to the process as the new provider takes over.
Background: The Indian Embassy in Washington, D.C. formally announced the change yesterday in a statement.
“The current Service Provider, BLS International Limited, will be closing all its operations with regard to Visa/OCI/PIO/Renunciation of Indian Citizenship Certificate support services in the evening of 20th May, 2014 at all locations in USA,” according to the Embassy. India also maintains consulates in Atlanta, Chicago, Houston, New York and San Francisco.
The current contractor, BLS International, has been India’s provider for less than a year. Its tenure was marred by reports of lost passports, and rumors regarding BLS’ replacement have been circulating for months.
The website and locations of the Cox & Kings offices have yet to be announced, but will be released soon, according to the Indian Embassy.
Below is a chart of the filing schedule during the transition:
BAL Analysis: Employers should plan for delays during the transition and pay close attention to the deadlines in the period leading up to the May 21 handover. Pending applications submitted to BLS can be tracked online at the BLS website until May 20. The new provider has yet to launch its website or provide any instructions regarding the process.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
What is the change? The Indian agency that handles employee retirement funds, the Employees’ Provident Fund Organization (EPFO), is asking the Foreign Regional Registration Offices (FRRO) for complete lists of foreign nationals working in India.
What does the change mean? Companies with foreign workers must be in compliance with EPFO requirements and make contributions to the provident (retirement) fund accounts of each employee. The EPFO is seeking the names of foreign workers, and some regional offices are asking for documentary proof of retirement contributions.
Background: The Provident Fund Act requires that companies with 20 or more employees contribute to the retirement fund accounts of each employee, including workers employed through contractors. Foreign nationals working in India for more than 180 days must be registered with the FRRO within 14 days of their arrival. Contributions into the fund cover workers for various social security programs provided by EPFO. On April 1, EPFO issued a memo directing its regional offices to obtain lists of foreign workers from FRRO offices to monitor whether companies are meeting their obligations to contribute to the fund.
BAL Analysis: The Bangalore regional FRRO has begun asking foreign nationals for documentary proof of retirement contributions, and other regional offices are expected to follow. Employers should be ready to furnish proof of contributions before renewing employment visas.
What is the change? The Indian Consulates in San Francisco and Houston now require applicants for visas to complete an Additional Particulars Form before traveling.
What does the change mean? The consulates will not process visa applications without the special form. The new form is also required for Overseas Citizen of India (OCI) cards and Person of Indian Origin (PIO) cards.
Background: As of April 1, the San Francisco and Houston Consulates suddenly began requiring the Additional Particulars Form. The form, which is available on the consular websites, requests additional information about an applicant, such as dual citizenship, military history, criminal background and whether parents or grandparents were ever citizens of Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan or Sri Lanka. Applicants may type or handwrite their responses, and must sign the form.
BAL Analysis: All affected applicants should be aware of this new mandatory form and that the consulates will not consider any application without it.
What is the change? India will soon allow visitors from 180 countries to obtain a visa upon arrival or electronic visa services before arrival.
What does the change mean? Foreign nationals from nearly all countries, except eight “prior reference” countries – Afghanistan, Iran, Iraq, Nigeria, Pakistan, Somalia, Sri Lanka and Sudan – will be able to obtain a visa upon arrival or an electronic visa before travel.
Background: In October, India began pushing forward proposals to expand visas on arrival, for the purpose of boosting tourism. Currently, India offers visas on arrival to 11 countries, including Finland, Japan, Indonesia, Luxembourg, New Zealand, Singapore, and Vietnam. When the expanded program is rolled out, foreign visitors can obtain a visa upon arrival or apply for an e-visa through a designated website three days before travel. Either type of visa will be valid for a single entry for a 30-day period. India plans to introduce the services at nine airports, including Delhi, Mumbai, Kolkata, Chennai, Cochin, Hyderabad, Goa and Trivandrum, by the end of the year.
“The facility will provide a major boost to the country’s tourism sector. This is historic,” government planning minister Rajiv Shukla told the Times of India.
BAL Analysis: The change will facilitate tourist travel and business travelers on limited activities, such as one-time conferences or quick tours for business purposes. Visas on arrival are highly discretionary; therefore business travelers should generally obtain a business visa before traveling to India rather than risk denial of entry.
IMPACT – Medium
What is the change? Some Indian consulates are now requiring that companies sponsoring foreign nationals to work in India provide labor market information and additional supporting documentation for certain employment visa applications.
What does the change mean? When requested, employers must submit a letter with their application, certifying that the skills of the foreign worker are not available in India and, in some cases, prove that they tried to hire an Indian for the job.
Background: Indian consulates and embassies, particularly in the U.S., Canada and some countries in Europe and the Middle East, have started requesting labor market information upon submission of employment visa applications for foreign workers.
The Indian Ministry of Home Affairs states in their “FAQs about Work-Related Visas Issued by India” that an “employment visa shall not be granted for jobs for which qualified Indians are available.”
To show that they are not supplanting a qualified Indian worker, employers applying for employment visas may be asked to submit a letter certifying that the foreign worker is a skilled professional, expert or management-level employee whose skills are not fulfilled by an Indian candidate. The consular officer can also ask for proof that the employer tried to hire an Indian worker for the position, such as a job advertisement.
BAL Analysis: Employers should be prepared to provide a certification letter regarding the applicant’s qualifications and to show job advertisements in case they are asked for additional proof beyond the typical supporting documents requested in the visa application.
This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact GlobalVisaGroup@bal.com.
What are the changes? Another major city in India is enforcing labor market testing before foreign workers can register as residents in Chennai.
What does the change mean? Employers should be prepared to submit evidence that they attempted to recruit Indian workers to fill jobs.
Background: BAL Global News first reported the change in procedures in January, when Kochi and Hyderabad FRROs began seeking labor market testing evidence from employers. Throughout this year, the practice has been consistently enforced in Hyderabad and has been enforced off and on in Kochi and Bengaluru. The decision whether to enforce this unofficial policy is up to the discretion of the immigration authorities.
In Chennai, the practice is enforced sporadically based on the FRRO officer’s discretion. An employer may be asked to sign a certification that “no qualified Indian is available” for the position. The employer would then submit a list of the foreign employee’s qualifications and professional skills that are essential for the position, along with evidence that the employer made efforts to search for a suitable Indian for the job.
BAL Analysis: To avoid delays, employers should plan to test the local labor market by placing job advertisements in a local newspaper, and should retain proof of their efforts in case they are required to submit evidence when registering a foreign employee.
This alert has been provided by the BAL Global Practice group. For additional information, please contact GlobalVisaGroup@bal.com.
What are the changes? A new procedure in parts of India requires that hotels, landlords and others hosting foreigners immediately register an expat’s arrival with the Foreigners Regional Registration Office.
What does the change mean? The mandatory filing of this form from a property owner adds a time-sensitive step in a foreign resident’s required registration with the Foreigners Regional Registration Office.
Background: The new rule requires hotels, landlords and other property owners who are hosting or housing foreigners to register details of a foreigner’s visit or apartment lease with the authorities within 24 hours of the foreigner’s arrival.
The policy applies to hotels, guest houses, universities, hospitals, institutes, landlords and others providing accommodations to foreigners.
In Chennai, where the policy is in full effect, the premises must register the apartment, hotel or other accommodations online with the Foreigners Regional Registration Office (FRRO). After registration, the premises owner must complete Form C online, preferably within 24 hours of the foreigner’s arrival to avoid delays in processing and late fees. At this point, the employer normally provides its email address and follows up to make sure it receives a confirmation letter of Form C from the FRRO within seven days. The employee then includes Form C in the documents submitted for his or her registration with the FRRO.
The Form C registration policy is part of the Immigration, Visa and Foreigners Registration & Tracking (IVFRT) system that is being implemented country wide and is aimed at helping authorities locate and track foreigners. It will continue to be rolled out to other parts of India, including Hyderabad, Mumbai and Bangalore.
BAL Analysis: Employers and assignees arriving in India should be aware of this new mandatory filing requirement and its timing. Note that it takes about seven days for the premises owner to obtain a confirmation letter of Form C from the FRRO. If planning on staying in India for more than six months or if indicated on their visa, foreigners must register with the FRRO, including the Form C confirmation letter, within 14 days of arrival. Therefore, immediately after an employee lands in India, an employer should begin working with the landlord to start the registration process.
This alert has been provided by the BAL Global Practice group and our network provider in India. For additional information, please contact GlobalVisaGroup@bal.com.
What are the changes? The Foreign Regional Registration Office (FRRO) in Bangalore is moving to a new address on Nov. 12.
Background: The new address for the Bangalore FRRO is: 5th Floor, TTMC “A” Block, KH Road, BMTC, Shanthinagar Bangalore – 23.
The office has undergone changes in recent years as Bangalore city has become an increasingly important hub in global technology. On Jan. 11, 2010, the Indian Ministry of Home Affairs upgraded the Bangalore Foreign Registration Office (FRO) to an FRRO to handle the growing volume of applications in house rather than forwarding them to regional offices.
BAL analysis: Companies and assignees should make note of the address change and expect some delays.
What are the changes? The Foreign Regional Registration Office (FRRO) in Hyderabad is consistently asking employers for proof that they tried to recruit a local worker before hiring a foreign national. Other offices throughout India, particularly in Kochi and Bengaluru, have followed suit, but not consistently.
What does the change mean? The development means that labor market testing is a reality when registering at some offices, and employers should be prepared to show that they have made local recruitment efforts.
Background: Since the beginning of the year, the Hyderabad FRRO has been asking employers to document efforts to hire locally before registering a foreign national employee. The practice, which has also been reported at other FRROs, particularly in Kochi and Bengaluru, is up to the discretion of the immigration authorities.
In some cases, the practice has put foreign employees in a quandary in which their work visas have been approved but they are not able to register and obtain their resident permits to live in India without this additional evidence by an employer.
The Hyderabad office has routinely asked companies to submit a document certifying that “no similarly-qualified Indian was available” for the position. In addition, employers are being asked to submit supporting documentation that includes:
BAL analysis: Employers should be aware of this unofficial practice enforced in Hyderabad, Kochi and Bengaluru. Because the practice is implemented in a highly discretionary fashion, employers may want to perform labor market testing and document it. This will prevent delays if the information is requested when the foreign employee is initially registering or extending the work visa and resident permit.
At this time, companies sponsoring intracompany transferees (ICT) and foreign workers under a joint venture agreement are much less likely to be asked to provide the proof of labor market testing and may be exempt from the requirement. The employer would need to show that the ICT replaced another employee within the company and thus did not displace a local hire, or that a foreign employee possesses specialized knowledge that a local worker would not be likely to fulfill.
There is no indication at this time that labor market testing requirements will spread to other offices.