New Look to Green Cards & EAD Cards  

USCIS will start issuing redesigned cards with enhanced graphics to applicants.  The new cards will start being issued on May 1, 2017.

These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant to prevent document tampering, counterfeiting and fraud; than the ones currently in use.

The Redesigned Cards

The new Green Cards and EADs will:

  • Display the individual’s photos on both sides;
  • Show a unique graphic image and color palette:
  • Green Cards will have an image of the Statue of Liberty and a predominately green palette;
  • EAD cards will have an image of a bald eagle and a predominately red palette;
  • Have embedded holographic images; and
  • No longer display the individual’s signature.

Also, Green Cards will no longer have an optical stripe on the back.

How To Tell If Your Card Is Valid

Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.

Certain EADs held by individuals with Temporary Protected Status (TPS) and other designated categories have been automatically extended beyond the validity date on the card.

Employers, please note that both the older version and the new cards are acceptable for Form I-9, Employment Eligibility Verification, E-Verify, and Systematic Alien Verification for Entitlements (SAVE).

Some older Green Cards do not have an expiration date.  These older Green Cards without an expiration date remain valid.

Individuals who have Green Cards without an expiration date may want to consider applying for a replacement card bearing an expiration date. Obtaining the replacement card will reduce the likelihood of fraud or tampering if the card is ever lost or stolen.

Nalini S Mahadevan, JD, MBA ▪ nsm@mlolaw.us ▪ Office: 314.932.7111 & 314.402.2024

Disclaimer:  Not meant as legal advice! For information purposes only.

 

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10 Reasons For A New OCI Card

 

 

1.  When you are issued a new passport.2. If you are younger than 21, OCI documents must be re-issued each time you get a new passport.

3. If you are are 50 years of age or older, OCI documents must be re-issued once after the issuance of a new passport.

4. If your OCI card was issued for the first time after you were 50,  then you do not need a new OCI card.

5. If you are between the ages of 21 to 49 years of age, there is no need to re-issue OCI documents each time you are issued a new passport.  But you can request the consulate to re-issue the OCI documents with the new passport number.

6. You need a new OCI if there is a change in personal particulars.

7. You need a new OCI if you lose or your OCI documents are damaged.

8. You need a new OCI if you made a mistake in your personal particulars while filing the application online.

9. You need a new OCI if you change your address or occupation.

10. It is less expensive to apply for a new visa for your minor children born in the United States, than to re-apply each time their passport changes.

Nalini S Mahadevan, Esq

314-932-7111/314-402-2024 office   nsm@mlolaw.us   www.mlolaw.us

Disclaimer: Information here is not legal advice and does not constitute a client attorney relationship.

 

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Is Your Driver’s License valid for Flying?

Starting Jan 10, 2016, TSA will no longer accept MO DL as valid photo ID to board a commercial craft at an airport.  There are 8 other states which are in the same boat!  

  • Alaska
  • California
  • Illinois
  • Minnesota
  • Missouri
  • New Jersey
  • New Mexico
  • South Carolina
  • Washington state
  • Puerto Rico
  • Guam
  • the U.S. Virgin Islands
In response to TSA’s announcement, the Federal Courts in Missouri announced that a MO DL is still valid ID as far as they are concerned!
Many US born citizens living in MO and other states, may not have alternate Photo ID such as a US Passport, to present. US Passports are expensive for most persons to obtain. Military identification can be presented as valid ID to TSA. Immigrants in general have their passports to present as photo ID to TSA.
 
Here is what the DHS had to say:
“The Department of Homeland Security is working with state officials to ensure their compliance with REAL ID Act standards and to grant a state an extension where warranted. Missouri has not yet provided adequate justification to receive an extension on compliance with the requirements of the REAL ID Act passed by Congress in 2005. As of October 10, 2015, federal agencies may only accept driver’s licenses and identification cards issued by states that are compliant with the REAL ID Act or have an extension for accessing most federal facilities (including military bases) and entering nuclear power plants. Starting on January 10, 2016, driver’s licenses and identification cards issued by Missouri will not be accepted for these purposes. Missouri residents visiting a federal facility can provide another form of identification or follow procedures that the facility allows for persons without acceptable identification.”
 
“Missouri can request an extension at any time if there are new developments or additional relevant information regarding the steps they are taking to comply with the REAL ID Act requirements.”
 
“The Transportation Security Administration continues to accept all state-issued driver’s licenses and identification cards, including those from Missouri. DHS is in the process of scheduling plans for REAL ID enforcement at airports and will ensure that the traveling public has ample notice, at least 120 days, before any changes are made that might affect their travel. The REAL ID Act places the responsibility for action on the state to provide state-issued identification that meets the Act’s security standards.”
 
Nalini S. Mahadevan, Esq
nsm@mlolaw.us  Tel: 314.932.7111 (office) 314.374.8784 (mobile)
7730 Carondelet Ave, Suite 110, Clayton MO 63105
Disclaimer: Information contained here is not meant as legal advice nor does it create a client-attorney relationship.  A choice of a lawyer should not be based on advertising alone.

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I Lost My Indian Passport — Help!

Recently, I have been getting referrals from clients about losing their passport from India. Now, losing an Indian passport is a greater deal than losing your US Passport, because there is an established procedure for recovery and reissue of a US Passport.

But recovery and reissue of an Indian Passport is another matter.

The fear of clients who contact me is that they will be turned into either ICE or USCIS because they are out of service. The good news is that there is now a procedure to reapply for a lost passport. However, it is complex.

In my experience, there is a better procedure if your application is filed as a walk-in rather than mailing in the application.

The next complexity is added because the Indian consulate does not update their website often. The result is that the information on the website is often unreliable or out of date. If my client is traveling from outside the consulate area, then I suggest planning the trip in advance to allow for contingencies, such as insufficient paperwork.

Contact us for further information.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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Using an L Visa to Open a New US Office

Opening a New Office in the US

I often get asked this question from callers anxious to start a new business in the US, “I have a thriving business in (fill in the name of the country) — a large part of my business is in the US. I want to start a new office there. How do I start a new office?”

Have a US Connection

The new US office must have a corporate relationship with your foreign entity abroad, where you have been employed as a manager, executive or worker with specialized knowledge. This means that the new US office must be a parent, affiliate, subsidiary or branch of the foreign entity, and that both the US office and the foreign entity must continue to share common ownership and control.

Demonstrating a Relationship Between the Foreign and US Offices

Here are some examples of how a relationship can be demonstrated between the US and foreign office:

  • Articles of incorporation showing common ownership of the US and foreign entities
  • Business licenses or other documents showing common ownership of the US entity
  • Annual reports describing the corporate structure
  • Contracts or other documents detailing the affiliate relationship
  • Corporate filings in the US or abroad, describing the corporate relationship
  • Any other evidence demonstrating ownership and control over the US and foreign entities (i.e., stock purchase agreements, voting rights agreements, capitalization table, term sheet) 

Demonstrate Foreign Employment as a Manager, Executive or Specialized Knowledge Worker

Examples of your foreign position:

  • Organization charts showing your position
  • Patents or other evidence of the company’s technology, products or services that are based on your work
  • Performance reviews
  • Loans/financing on behalf of the company
  • Organizational job descriptions for your position and those positions that reported above and/or below you, if applicable
  • Resume describing your job accomplishments
  • Pay stubs
  • Evidence of work product
  • Payroll records
  • Tax returns that show employment

The New Office Must be Operating Within One Year

The “new office” L-1 visa is meant to facilitate a “ramp up” period for a new US office of a foreign entity. This period is limited to one year. After that time, an extension of the L-1 visa is available if the new office meets this requirement. What makes an office active and operating will differ depending on the nature of the business. Typically it will involve factors, such as hiring additional employees, fulfillment of contract orders, having a revenue stream, or holding inventory, if applicable.

The New Office Must be Able to Support a Full Time Manager or Executive

While a new office may be opened on an L-1 visa by someone working within your organization in a managerial, executive or specialized-knowledge capacity, after one year the office must be sufficiently active to support a manager or executive. During the first year ramp up, a manager or executive may be required, as a practical matter, to engage in many “hands-on” tasks that go beyond inherently managerial or executive tasks. After the first year, however, the manager or executive will be required to focus primarily on managerial or executive tasks in order to obtain an extension of the L-1 visa.

Examples of Evidence of a New Office are:

  • Purchase orders, contracts or other evidence of commercial activity
  • Payroll records for employees hired
  • Bank statements
  • Financial reporting documents showing monthly income
  • Continued venture capital or other third party investment contribution based on achieved milestones
  • Media coverage of the business
  • Position descriptions providing the roles and responsibilities of all current employees, or other evidence which clearly demonstrates how the manager or executive is relieved of non-qualifying duties

The Takeaway

New office L-1 visas are usually granted for one year to qualified applicants. The denial rate in India is generally about 25%. There is a general belief in both the Department of State and USCIS that the incidence of fraud is very high in India, due to the falsification of evidence and supporting documents.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2014. All rights reserved.

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Why We Need More STEM Graduates

On October 28, a week before the presidential election, the Australian Prime Minister Julia Gillard introduced a white paper that lays out a comprehensive plan for Australia to attract qualified Asian immigrants. Australia’s Minister for Immigration and Citizenship, Chris Bowen, said that Australia needed to attract highly skilled Asian immigrants to bring their specialist skills to Australia in order to boost the economy. He said the top 10 sources of highly skilled immigrants in Australia were India, which provided 23% of its immigrants in 2011; as well as China, the Philippines  Sri Lanka, Malaysia, South Korea and Vietnam. Australia intends to increase the number of international students in Australian universities by streamlining the immigration process.

Similar white papers have been issued by Canada, which has now made pathways for skilled immigrants and investors to migrate to Canada easier. UK has similar plans, and the UK Border Agency revised its guidance last June for skilled workers and investors.

In the US, foreign students contribute, according to various sources, an upwards of $21 billion to our economy — no small chump change. It is good business for the US economy that we continue to encourage and seek foreign students, and to streamline the process for them to emigrate to the US. That process begins at the consulate, where the welcome mat is laid out for foreign students. I have often had the displeasure of informing highly skilled foreigners completing PhDs and Fellowships that it could take them almost 10 years to obtain their greencards. So it is with pleasure, after this election, that I read that both political parties are willing to exchange and compromise on comprehensive immigration reform that includes good news for STEM graduates and other highly skilled workers who want to come to the US.

The US’s Position

Two-thirds of the US’s immigration is family-based, while the other third is employment-based. This is in stark contrast to Canada, where employment immigration is the major contributor to the Canadian population. The American Immigration Lawyers Association (AILA) has implored various national leaders and prominent politicians to continue immigration reform. Such politicians include pragmatists like Lindsey Graham, Chuck Schumer and John Boehner; but excludes Chuck Grassley and Mitch McConnell, who have spoken against immigration reform in the past.

The US proportion of graduating students who attend college in the US is slated to fall to 17.8% by 2020 from 23.8% in 2000, while the share of China will rise 9-13% and India will rise 6.5-7.5%. The implication of this is that India and China will have larger populations of college graduates than the US. The US needs an educated population to remain globally competitive. China has made investments in its workforce, which is the core of its economic strategy; and in India, a culture of higher education propels young people to go beyond the undergraduate level and attain Masters and PhDs.

A Global Force

If the US does not encourage more educated and productive people to enter and remain in the US legally (this includes engineers, doctors, lawyers, teachers as well as lower-skilled workers) we will lose the race in global competition. A recent report from Organization for Economic Co-Operation Development (OECD)’s states that, “the balance of economic power could shift dramatically over the next 50 years.” According to this report, China could become the world’s largest economy by 2016.

To ensure long-term increase in productivity, living standards and higher income per capita, the US needs a qualified population. One of the pathways to economic growth is either locally qualified workers or imported workers. According to the Wall Street Journal, citing a recent Deloitte consulting survey, there are about 600,000 US manufacturing jobs going unfilled during a period of high unemployment due to “workforce shortages or skills deficiencies in production positions such as machinists, craft workers and technicians.”  US manufacturers have gotten out of the habit of running in-house apprentice programs; therefore, US manufacturers require ready-made “plug-and-play” workers to fill these deficiencies. We can either use homegrown workers, or “plug-and-play” workers through immigration.

It is an economic necessity, and it in our best interests, to reform our immigration policies — our country must move forward and remain a global force. We need workers both at the high levels, as well as the lower levels, to fill labor-intensive jobs and to reverse brain drain. We need workers who are qualified now.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2012. All rights reserved.

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New Processes to Obtain a Visa in India

The US Embassy in India has set-up a new website, www.USTravelDocs.com/in, that will employ a new visa processing system and streamline all visa processing in India. The site will supply supplementary standardization for the system, as well as facilitate monetary payments and scheduling. Applicants will now be able to pay fees using Electronic Fund Transfer (EFT) and using mobile phones.

With this new website, applicants are able to make appointments online or with a telephone call. This restructuring will also allow companies and travel agents to book tickets for groups. Applicants can talk to a center agent by phone, email or online chat, and can speak in Hindi, English, Punjabi, Gujarati, Tamil and Telugu. The call center numbers are (91-120) 660-2222 or (91-22) 6720-9400 in India or 1-310-616-5424 in the United States.

However, the appointment process has changed: applicants will have to schedule two appointments. Prior to the visa interview, applicants will have to go to an Office Facilitation Center (OFC) to be photographed and fingerprinted. OFCs are separate from US Consulates and the Embassy in order to increase fluidity in the process and reduce traffic.

This past March, the Interview Waiver Program (IWP) was established by US Mission India to allow certain people to be waived for personal interviews. With IWP and the reformed visa processing system, applicants can fulfill all visa prerequisites without going to a US Embassy or Consulate. With this streamlined system, applicants will be interviewed within 10 days of scheduling an interview.

The Indian US Embassy’s continued efforts to standardize their visa procedures will ultimately benefit applicants, allowing for an easier application process and shorter wait period for obtaining visas.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2012. All rights reserved.

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What An Employer Should Do Now that H-1B Visas are Over

As of December 1, 2011, the US Consulate General in Chennai will process all Blanket L Visas. The New Delhi US Embassy and Mumbai, Kolkata and Hyderabad US Consulates no longer process petitions for Blanket L Visas. Visas for dependent spouse and children (L-2) and individual visas (L-1A and L-1B) can still be processed at the Chennai, Hyderabad, Kolkata, Mumbai and New Delhi posts.

What is a Blanket L Visa?

A Blanket L visa is available to employees whose employers hold such a designation to file L visas under a Blanket L permit, issued by the Department of State. To be eligible, an employer must be in business in the US for more than one year; have three or more domestic or foreign, subsidiaries or affiliates; and be engaged in commercial trade or services. The employer must also have annual US sales of $25 million; a US workforce of 1,000 employees; or the employer should have received at least 10 L petitions in the last 12 months. An employer may be in danger of losing their Blanket L permit if they file fewer than 10 petitions in the prior year. Only commercial employers can be approved for a Blanket L permit; non-profits are not eligible.

Blanket L visas are for employees who have, in the three past years, been employed abroad for one year and will continue to be employed by the same company in the US. Employees can either be petitioned individually or under a blanket, and must meet the criteria of a “specialized knowledge” professional, executive or manager.

Three Major Issues

1. Will the L visa employee work at client sites?

If your answer is yes, then you must establish an employer-employee relationship during the time the employee is working at a third party worksite on behalf of the petitioner (employer). If the employee is to work in the office of the L visa employer, then that fact should be made very clear both in the documentation and at the interview. Consular officers are very concerned about L visas being misused by employers and being used when H-1B visas are no longer available.

At the US Consulate, the employee is often asked to go up to a window to answer questions. The interview is about 5 minutes, and very often consular officers may not have the time to read the entire petition. If the employee is to work on a particular project at a site other than the US employer’s offices, that fact should also be presented both at the interview and substantiated in the application.

L visa employees must be ready to answer any and all questions, and justify the reason for working at a end-client’s office instead of working at the L visa employer’s office.

2. Is the salary of an ordinary programmer or of a specialist in an L-1B visa category?

Salary earnings in India are indicative of the level of services an employee provides for his/her company; there is certainly a difference between IT workers who complete general services and those who have specialized knowledge. If the applicant is earning a sizeable salary, it is important to state the applicant’s salary in the support letter; salaries are often indicative of a specialist eligible for an L-1B visa instead of a programmer more suited to H-1B visa category status.

It is these distinctions that have caused a rise in the denial rate, 27%, of all filed L visa applications.

3. Is the applicant’s work in India not indicative of a specialized job?

The consular officers will most likely deduce that the applicant has no specialized knowledge if the applicant’s work in India is based in general services. This can include testing; enterprise recourse planning maintenance; or execution of Oracle, Microsoft or SAP software.

Experience

L-1B visa holders are supposed to be specialists; if the applicant has a three-year degree and one year of experience, then the consular officer is not likely to consider the applicant experienced enough to warrant an L-1B visa approval. The standard by which L visa applications are approved is “clearly approvable”. Hence, the burden of proving L visa eligibility lies with the employer. If the L visa has been approved by USCIS, the US Consulate may grant the L visa unless special circumstances exist, or the consulate determines more evidence is required.

We live in a climate where no USCIS application is sacrosanct, and where the Department of State often re-adjudicates USCIS approvals.

B-1 In Lieu of H-1B

The B-1 In Lieu of H-1B visa is a hybrid visa, a cross between a business visa and an employment visa in the US. The employee with H-1B visa qualifications comes to the US instead on a business visa (B-1), applies for the visa at the consulate and declares intent at the border. This employee cannot receive any remuneration in the US other than an expense allowance.

However, this visa is under attack. Employers should demonstrate that there are unexpected circumstances and an urgent need for the employee to obtain a B-1 Visa In Lieu of an H-1B. The controversy arises over the extent to which the B-1 visa is used or misused in lieu of an H-1B. Even if the consulate grants this visa, it is likely that the visa holder may encounter difficulty at the US port of entry.

True need for the visa must be well-planned to demonstrate the benefit of the short-term visit to the foreign employer, as opposed to the US client.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

Tara Mahadevan

Copyright 2012. All rights reserved.

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Visiting India

India is a very beautiful, colorful place–but like many countries, tourists must apply for a visitor’s visa in order to gain entrance. A foreigner is only granted a tourist visa if he/she does not possess property or a job in India, and whose only goal is recreational: sight-seeing and meeting friends and family.

Apply by Mail

To apply by mail, applicants should fill out and print the application with all the required documents. Send it through a carrier with trackable mail: FedEx, UPS or USPS. Applications sent by mail will take 7-9 business days to process. Once the India Visa Center receives an application, they will notify the applicant of receipt via email and attach an individualized URL that allows the applicant to check on the status of his/her application.

Apply in Person

To apply in person, visit the nearest India Visa Center; bring all required documents and a completed application.

Same Day Visas

Sam day visa applications for US-born US citizens will only be accepted in person by appointment at the India Visa Center. Applicants can choose an appointment time when filling the online application, and will need to pay the application fee in cash or by money order.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

Tara Mahadevan

Copyright 2012. All rights reserved.

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EB2 visas for China and India is Unavailable

Demand for EB2 visas from China and India
Despite the retrogression of the China and India Employment Second preference cut-off date to August 15, 2007, demand for numbers by applicants with priority dates earlier than that date remained excessive. Such demand is primarily based on cases which had originally been filed with U.S. Citizenship and Immigration Services (USCIS) for adjustment of status in the Employment Third preference category, and are now eligible to be upgraded to Employment Second preference status.

Upgrades from EB3 to EB2 visa, causes unavailability
The potential amount of such “upgrade” demand is not currently being reported, but it was evident that the continued availability of Employment Second preference numbers for countries other than China and India was being jeopardized. Therefore, it was necessary to make the China and India Employment Second preference category “Unavailable” in early April, and it will remain so for the remainder of FY-2012.

EB2 will be available in the Spring of 2013
Numbers will once again be available for China and India Employment Second preference cases beginning October 1, 2012 under the FY-2013 annual numerical limitations. Every effort will be made to return the China and India Employment Second preference cut-off date to the May 1, 2010 date which had been reached in April 2012. Readers should be advised that it is impossible to accurately estimate how long that may take, but current indications are that it would definitely not occur before spring 2013.

File your I-485 before end of May, 2012
USCIS has indicated that it will continue accepting China and India Employment Second preference I-485 filings during May, based on the originally announced May cut-off date.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

Copyright 2012. All rights reserved.

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