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IMPACT – Medium
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.
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.
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 – Low
What are the changes? India has stepped up planning for several reforms to the visa system that will make it easier for tourists and benefit some business travelers.
What does the change mean? The proposed changes will expand the number of countries that qualify for visas on arrival (VoA) for tourists, reduce the red tape for those attending conferences and simplify the visa system for business and employment visas. Under the proposed plan, visitors from 40 additional countries will be able to get single-entry VoAs good for 30 days.
Background: The suggested plans aim to increase tourism and simplify the visa system, and could benefit some business travelers. In addition to expanding VoAs, a government planning commission also proposes to reduce the number of visa categories from 16 to three (business, employment and visitor), create a simplified online visa application system, and relax rules for conference attendees.
“There has to be a change in mindset towards the way we treat foreign tourists. All representatives of government agreed on extending visa on arrival to 40 countries and initiating an online system as soon as possible,” government planning minister Rajeev Shukla told the Times of India.
Currently, VoAs are available to travelers from 11 countries including Singapore, Japan, Vietnam, Indonesia, Luxembourg, Finland and New Zealand arriving in Delhi, Mumbai, Chennai, Kolkata, Kochi, Hyderabad, Bengaluru or Thiruvananthapuram. VoAs cannot be extended or converted to another visa type in India, and strict rules prohibit business activities on a tourist visa. They may currently be used for tourism, visits with friends and family, short-term medical treatment or very limited, casual business visits.
The reform would add 40 countries to the list, including the U.S., U.K., Ireland, Canada, China, Brazil, Australia, Saudi Arabia and most countries in western Europe including Germany, France, Italy and Spain.
BAL analysis: The proposed changes will benefit tourists, students on cultural programs, and “casual business” visitors from VoA-eligible countries, who would no longer need to apply for tourist visas ahead of traveling. However, business travelers should be aware that they can be denied entry on a VoA for any activity that the Indian border officer decides is outside the definition of “casual business.” Casual business typically means a one-time meeting or a “look-see” tour to decide whether to work in India.
Because VoAs are issued at the discretion of Indian immigration officers, business travelers should generally obtain a business visa before travelling to India rather than risk being denied entry. Also, please note that the proposed changes are in fairly early planning stages. Historically, it could be a number of months, and probably a year or more, before any of the proposed changes are implemented.
This alert is provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact GlobalVisaGroup@bal.com.
Last week, the Foreigners Regional Registration Office (FRRO) in Bangalore instituted a new requirement. Now, all applicants must upload passport-sized photos to the FRRO website when making appointments for foreigner registration and extension of visas. Applicants must still carry original copies of all photos and documents to their appointment at the FRRO office. It is expected that other FRRO locations will soon adopt this requirement, and that eventually all supporting documents will need to be uploaded.
Photos must:
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.
The Indian government announced that as of July 1, 2013, only Indian-owned firms will be contracted to receive Indian visa applications. As a result, the processing of Indian visas in the U.S. will be transitioned to an Indian-owned company effective July 1. Applications will continue to be lodged via Travisa Outsourcing, the incumbent contract holder, until the completion of the transition.
BAL recommends that potential applicants allow sufficient time to obtain their visas. BAL will provide updates on how these latest developments will affect processing times as more information becomes available.
This alert has been provided by the BAL Global Practice group. For additional information, please contact GlobalVisaGroup@bal.com.