DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations


The Department of Homeland Security has issued a final rule that removes from the Code of Federal Regulations (CFR) an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court.

On Oct. 8, 2020, DHS issued an IFR titled, Strengthening the H-1B Nonimmigrant Visa
Classification Program
. On Dec. 1, 2020, the U.S. District Court for the Northern District of California vacated the IFR.

This final rule removes the regulatory text that DHS published in the vacated October 2020 IFR and restores the regulatory text to appear as it did before the October 2020 IFR was issued.

Indian Emergency Visa Process

In case of Death
               Walk in to Indian Newyork Consulate.  Mon-Fri- 9:30-11AM.  Weekends/Holidays call 917-815-7066 

In case of Emergency

  • Apply Visa @ https://indianvisaonline.gov.in/visa/index.html. Upload 2x2 inch pic
  • Print - Sign(below photo and last page and send the below docs)

  • -Original Passport, One copy of the photo page.
  • - Copy of Address Proof – Driver's License/State ID (New York, Ohio, Vermont, Rhode Island, New Jersey, Massachusetts, New Hampshire, Connecticut, Maine, and Pennsylvania)
  • - Pre-Paid return envelope (USPS/UPS) with tracking ID.
  • - Death Certificate/Medical Certificate/Doctor's note confirming Emergency.
  • - Either Self's or Parent's or Spouse's Indian Passport/OCI Copy (valid/cancelled) to validate Indian origin.
  • Additional documents, if applicant is minor:
    • Notarized Parental Authorization Form 
    • - Parent's passport copies
    • - Child's birth certificate copy
    • - Parents' address proof
    • - Application can be signed by the Parents for minors or a thumb impression can be stamped
  • Visa Fee for Entry Visa
    • USA Passport Holder -  US$ 103/-
    • Canadian Passport holder -  US$ 103/-
    • Identity certificate of India - No fee

Fees will be accepted only by – MONEY ORDER/CASHIER'S CHECK –  payable to "Consulate General of India, New York" (PERSONAL CHECKS ARE NOT ACCEPTED)

  • Applications may be mailed to the Consulate on following address:

VISA SECTION
Consulate General of India,
3 East, 64 Street, New York-10065

  • For any other query please write to us on PRAMIT

Emergency Travel to India - COVID Guidelines

Air Suvidha Exemption Request Form for International Arriving Passengers

https://www.newdelhiairport.in/airsuvidha/covid-19-exemption-international-passenger

Air Suvidha Self Declaration Form


  Prerequisite 
       - Flight Details (PNR, Tickets, Dates)
       - Passport Pdf/Jpeg (max 1MB)
       - RT-PCR Negative report
 
Guidelines for International Arrivals

Relaxation of OCI Re-Issuance Until June 30th 2021

OCI Miscellaneous Services for minors in case of the new passport

Before create the application- 


Get the Notarized docs ready - 

1) Parental Authorization -  https://www.vfsglobal.com/one-pager/india/united-states-of-america/oci-services/pdf/parental-authorization.pdf
2) Affidavit in Lieu of Originals - https://visa.vfsglobal.com/one-pager/india/united-states-of-america/oci-services/pdf/affidavit.pdf
3) Parent License Notary  (For address proof if minor lives with parents)

Get the color Scanned docs ready.  
Format: pdf and size < 1000kb.  If you get pdf size >1000, install Google Chrome Extension plugin- Compress PDF.  
        1) Passport ( Photo page and any stamped pages)
        2) OCI card (First and last page)

Get the latest Photo and Signature

       1) Scan the photo and use MsPaint to get the correct size of the photo and signature.
  This is required to upload to Indian government website.

The OCI ReIssue for Minors is a two step process.   

#1- Create a new application in the Indian Government Website  https://ociservices.gov.in/welcome
  • Select OCI Miscellaneous Services
  • Application has two parts. Part A and Part B and upload the docs.

#2- Create a VFS account and create a new OCI renewal application and pay fees in VFS.  
  • VFS accepts Credit/Debit cards.  No need for a banker's cheque or money order.
  • Choose FedEx roundtrip mail delivery

Emergency Advance Parole travel

For an extremely urgent situation, schedule an appointment at your local field office by contacting the USCIS Contact Center. Contact Center 800-375-5283 to request an appointment. - Get signed Form I-131, Application for Travel Document - I-131 filing fee - Evidence to support the emergency request (e.g. medical documentation, death certificate) - Two passport-style photos. How to File To apply for an emergency travel document, you must file Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees. Where to File Your local office may accept an emergency advance parole application if you are experiencing an extremely urgent situation. Call the USCIS Contact Center to request an appointment. When to File You must apply for the travel document before leaving the United States. Generally, an applicant for a travel document must also complete biometrics capture at an Application Support Center (ASC) prior to departure from the United States.

Fwd: Public Charge Inadmissibility Final Rule: Revised Forms and Updated Policy Manual Guidance



U.S. Citizenship and Immigration Services has published revised forms consistent with the final rule on the public charge ground of inadmissibility, which the U.S. Department of Homeland Security, including USCIS, will implement on Feb. 24, 2020. Beginning Feb. 24, 2020, applicants and petitioners must use new editions of the following forms below (except in Illinois, where the rule remains enjoined by a federal court): 

In addition, except in Illinois, applicants for adjustment of status subject to the public charge ground of inadmissibility and the Final Rule will be required to submit Form I-944, Declaration of Self Sufficiency. Certain applicants whom USCIS invites to submit a public charge bond will use the new Form I-945, Public Charge Bond, for that purpose, and the new Form I-356, Request for Cancellation of Public Charge Bond, to request cancellation of a public charge bond.

Certain classes of aliens (such as refugees, asylees, petitioners under the federal Violence Against Women Act, and certain T and U visa applicants) are exempt from the public charge ground of inadmissibility and therefore are not subject to the Inadmissibility on Public Charge Grounds final rule. For more information about the classes of aliens who are exempt from the final rule, please see the USCIS Policy Manual.

Reporting Information About Benefits

The final rule requires aliens to report certain information related to public benefits. Instructions for Form I-944 require aliens subject to the public charge ground of inadmissibility to report and submit information about whether the alien applied for, was certified or approved to receive, or received certain non-cash public benefits on or after Oct. 15, 2019.

Instructions for Forms I-129, I-129CW, and I-539 require the petitioner or alien to report whether the alien received public benefits since obtaining the nonimmigrant status the alien seeks to extend or change.

Due to litigation-related delays in the rule's implementation, USCIS is applying all references to Oct. 15, 2019, as though they refer to Feb. 24, 2020. Petitioners and applicants should do the same. In other words, aliens do not need to report the application, certification or approval to receive, or receipt of certain non-cash public benefits on the Form I-944 before Feb. 24, 2020. Similarly, petitioners and aliens do not need to report an alien's receipt of any public benefits on Forms I-129, I-129CW, and I-539 if the benefits were received before Feb. 24, 2020.

Postmarks and Submission Dates for Forms

USCIS will accept the current edition of these forms if they are postmarked (or submitted electronically, if applicable) before Feb. 24, 2020. We will not accept them if they are postmarked on or after Feb. 24, 2020, except in Illinois. For applications and petitions that are sent by commercial courier (such as UPS, FedEx or DHL), the postmark date is the date reflected on the courier receipt.

Illinois Residents

USCIS is prohibited from implementing the final rule in Illinois, where it remains enjoined by the U.S. District Court for the Northern District of Illinois. If the injunction in Illinois is lifted, USCIS will provide additional public guidance. If you are applying for immigration benefits and live in Illinois, or are a petitioning employer in Illinois, please review the information on our website about how Illinois residents may access forms and apply in light of the injunction.

Further Information

USCIS has also published guidance based on the final rule in the Policy Manual. For additional information, see the Policy Alert.

For more information about the final rule, see the Final Rule on Public Charge Ground of Inadmissibility webpage. 


DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations

The Department of Homeland Security has issued a final rule that re...

Search This Blog