US Expected to Announce Measures to Ease Visas for Skilled Indian Workers

According to a Reuter’s exclusive report the Biden administration is preparing to “facilitate the residence and employment of Indians in the country” by announcing new regulation that will permit “a select group of Indian and other foreign workers on H-1B visas…to renew their visas within the United States, eliminating the need to travel abroad.” The report reaffirms our previously reported news from The Department of State’s (“DOS”) February announcement introducing the prospect of launching a pilot program for H and L visa holders to renew their visas in the US, instead of having to travel abroad.

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Changes Implemented at US Embassy and Consulates in India to Alleviate Visa Processing Backlogs

Following the Department of State’s (“DOS”) October 2022 update on its efforts to improve visa processing backlogs that resulted due to worldwide embassy closures throughout the world due to the COVID-19 pandemic and its commitment to lowering visa interview wait times , the United States Mission in India has expanded its services. Beginning January 21, 2023, the US Embassy in New Delhi and Consulates in Chennai, Mumbai, Hyderabad, and Kolkata have opened consular operations on Saturdays to accommodate first-time visa applicants who require in-person visa interviews.

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Biden Administration to Restrict Travel from India Effective May 4, 2021

On April 30, 2021, President Biden issued a Presidential Proclamation which imposes COVID-19-related travel restrictions on certain individuals traveling into the US from India effective Tuesday, May 4, 2021, in an effort to prevent the further spread of COVID-19. The proclamation restricts and suspends the entry into the US of nonimmigrants and noncitizens of the US who were physically present within India during the fourteen-day period preceding their entry or attempted entry into the United States.

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Nithya Swaminathan: The DLG-Proust-Actors Studio Questionnaire

Nithya moved to the United States on a whim. While attending high school in Singapore, the day before she had to send her list of the colleges where she planned to apply to her counselor, she had one space left. She Googled “liberal arts colleges” and Swarthmore came up. “I didn’t do any research,” she says. “I just put it down—I hadn’t visited—and it was the first school I got into.” To be fair, after she was accepted, she did do a little more research, but she showed up on campus ready to start having never visited. But the decision paid off. “I loved it,” she says. “Swarthmore is really great, such a great experience. I mean, it was really stressful as well. But now when I look back, all I had to do was read books and write about books. Why did I complain about that?”

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In This Enormous New Country

“But he was no longer in Tollygunge. He had stepped out of it as he had stepped so many mornings out of his dreams, its reality and its particular logic rendered meaningless in the light of day. The difference was so extreme that he could not accommodate the two places together in his mind. In this enormous new country, there seemed to be nowhere for the old to reside. There was nothing to link them; he was the sole link. Here life ceased to obstruct or assault him. Here was a place where humanity was not always pushing, rushing, running as if with a fire at its back.”

- Jhumpa Lahiri, The Lowland

India's New Prime Minister Visits the US (After Visa Denial)

India's recently-elected Prime Minister, Narendra Modi, visited the US arriving last week. It was a whirlwind tour featuring appearances at the United Nations, Madison Square Garden, the White House, and an impromptu stop at the Global Citizen Festival in Central Park. He even co-authored (with President Obama) an op-ed for The Washington Post, where they proposed "to find mutually rewarding ways to expand our collaboration in trade, investment and technology that harmonize with India’s ambitious development agenda, while sustaining the United States as the global engine of growth." And perhaps the ultimate sign of welcome, Jon Stewart covered the visit in his own unique style.

But he wasn’t always welcome in the US with such open arms. In 2005, when Mr. Modi was the Chief Minister of Gujarat, he was denied a visa to the US under regulations that denied visas to those who were believed to have committed “particularly severe violations of religious freedom.” (The denial of this diplomatic visa also resulted in his visitor visa being revoked, effectively resulting in a visa ban.) The accusations arose out of claims that Mr. Modi stood by or even encouraged religious riots in which over 1000 people, mostly Muslim, were killed. Mr. Modi denied all wrong doing and was eventually cleared of all charges.

When Mr. Modi was elected as Prime Minister of India, however, he was invited to the US and granted a diplomatic visa.  The Obama administration was keen to overlook the visa ban as a decision of the previous administration. During his visit to the US, Mr. Modi even made reference to his past visa difficulties, “saying he understood when fellow Indians complained of problems obtaining a visa.” Given his understanding of the visa process, we hope that he talked to President Obama about how to get more H-1B visas, which are typically used in large percentages by Indian nationals. At any rate, Mr. Modi said: "'My visit has been very successful.'"

The Daily Beast: "How the US Sold Out Indian Asylum Seekers On the Border"

While much of the recent news from the US/Mexico border concerns the surge of unaccompanied minors from Central America--which we've discussed here and here--The Daily Beast also looks into the story of approximately seventy Sikhs from India who applied for political asylum at the border last fall. Despite passing the "credible fear" interview, which should allow them to be released to a relative while waiting for their hearing, many were detained indefinitely in the El Paso, Texas facility. Frustrated with their treatment, they organized a hunger strike (incidentally, not the only hunger strike at immigration detention centers). The Daily Beast reports:

During the first few days of the hunger strike, according to a lawyer representing some of the men, ICE agents threatened to force-feed the detainees. When that tactic failed to break the strike, the Sikhs received a visitor: a representative from the Indian consulate in Houston. According to statements from the detainees and an attorney representing some of them, N.P.S. Saini was called to convince the men to end their hunger strike, give up their asylum claims, and go home. If true, this would be a violation of American laws on amnesty, which explicitly prohibit the disclosure of any information that links an asylum seeker’s identity to the fact that they’ve applied for asylum.

John Lawit, an immigration lawyer representing six of the men, notes in the Texas Observer that El Paso is the toughest venue for asylum cases in the country (with an eighty-seven percent denial rate for asylum; the national average is fifty percent). “'I’ve been practicing there for 35 years, and it’s always been that way,' he says."

Travel Report: India

I’ve always wanted to visit India. When the American Immigration Lawyers Association (AILA) announced they were hosting a trip to visit several parts of the country, I knew that this was my chance. The trip offered a great combination: access to three of India’s US Embassies/Consulates and their staff as well as a tour around the country to see many of its sites. Protima (who, in case no one knows, is Indian) and I decided to go together and add a few days of vacation as well, since who doesn’t want to vacation with their boss?

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