LexisNexis® Legal Newsroom
EDGE SAYS INDIAN 2- YEAR MASTER'S DEGREE FOLLOWING 4-YEAR BACHELOR'S IS NOT EQUIVALENT TO US MASTER'S DEGREE

"If EDGE does not revert to its original position, petitioners and their attorneys should still endeavor to convince the USCIS, or then litigate before the AAO and in federal court, that a 2-year Indian master's degree following a 4- year bachelor's degree ought to be comparable...

Duane Morris LLP: February Visa Bulletin, EB-2 for China and India Moves 12 Months and Other Immigration Law Updates

February Visa Bulletin, EB-2 for China and India Moves 12 Months The employment-based second preference category for Indian and Chinese nationals is scheduled for another significant advancement on February 1, 2012. All applicants who have priority dates on or before January 1, 2010, may submit adjustment...

Indian Patronage Subverts the Rule of Law

No country is immune from patronage systems and the related endemic corruption. In the United States, the term "Tammany Hall" brings to mind governmental benevolence dispensed on an uneven playing field in exchange for money or favors. Even today, there are large municipalities run by machines...

EB-2 Retrogression – Don’t send our best and brightest Indian and Chinese Master’s and Ph.D. professionals home

"Top Chinese and Indian scientists, engineers, doctors and mathematicians are going to find the U.S. welcome mat pulled further away from their feet. Recent Department of State projections indicate the line for persons born in China or India with Master’s degrees and Ph.D.’s...

EB2 India and China Visa Retrogression Likely in May

"In a March 22, 2012 meeting with Charlie Oppenheim, the Department of State Visa Chief informed Mr. Ware that visa retrogression in the Employment-Based 2nd preference category for nationals of India and China is likely in May. Mr. Oppenheim now predicts that EB2 India and China priority...

Sunstein Kann Murphy & Timbers LLP: Pharmaceutical Companies Take Heed — Compulsory Patent License Is Awarded in India

By Thomas Carey and Nancy C. Wilker, Ph.D. As part of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), a signatory country can allow someone to produce a patented product or process without the patent owner's consent. The grounds for justifying a grant of a compulsory...

Indian Physicians Victims of Epidemic J-1 Visa Denials at American Consulates in India

Jan Pederson writes: "There have been credible reports that dozens of Indian physicians who have been accepted into medical residency programs in the United States to begin on July 1, 2012, are being denied J-1 visas to return to the United States to undertake graduate medical education. Physicians...

Human Rights Violations Served With Tea

Imagine you were born the child of a tea plucker on a plantation in India. Your parents are functional illiterates who work long hours for less than USD $2 per day to feed the family. If your family is lucky, you will be able to eat just enough to live but remain malnourished. If one of the unfortunate...

Rights group: India's Maoist fight hurts activists

NEW DELHI (AP) - For more than 15 years, activist Himanshu Kumar worked to bring food and health programs to the largely tribal areas of the Indian state of Chattisgarh, the epicenter of a Maoist rebellion against the government. But in 2009, when he loudly complained about Full version (available...

AmEmb India Announces a New Visa Processing System

"The United States Embassy in India today announced it is implementing a new visa processing system throughout India that will further standardize procedures and will simplify fee payment and appointment scheduling through a new website at www.ustraveldocs.com/in. Minister Counselor for Consular...

Steptoe & Johnson PLLC: Opportunities in International Shale Gas Development

By Philip D. Vasquez In a recent white paper, I have outlined how India has proposed lucrative terms for foreign companies to come into India to help with shale gas development. As gas prices fall domestically, gas demands in countries such as India, China and Japan are at an all time high. The prolific...

$50 Million Avian Ponzi Scheme Busted in India; 100,000 Emus Looking For New Home

"When you whistle, they dance," he said. "And they peck at your jewelry. They like gold, like most Indians." In what may be the most bizarre Ponzi scheme in recent memory, more than 10,000 Indian investors are said to have lost $50 million after the collapse of what authorities...

Mission India Expands NIV Interview Waiver Program

" Following the success of the IWP, as part of continuing efforts to streamline the visa process, and to meet increased visa demand in India, the U.S. Mission is pleased to announce an expansion of the IWP. We expect this expansion to benefit thousands of visa applicants in India. Under the current...

Does the IWP Bode Well for Indian H and L Visa Applicants?

"It remains to be seen whether the expanded IWP will improve the processing of H-1B and L visa applications." - Cyrus D. Mehta, Nov. 25, 2012 .

A trade war wages across US consulates in India over H-1B visas. Is a truce in sight?

"America’s unofficial trade war against India might be coming to an end. For the last few years, US consulates across India have excessively scrutinized visa applicants in the H-1B and L categories. These refer to highly skilled professional workers and inter-company transfers, respectively...

AAO Hardship Waiver Victory: India

Scott D. Pollock writes: "Here is a nice decision we got from the AAO that overturns a previous denial of an I-601 for both 212(a)(9)(B) and 212(i) waivers. The qualifying relative U.S. citizen husband is an entrepreneur who is engaged in expanding his network of small retail establishments. We...

We Still Don't Punish Contractors for Slavery on U.S. Bases

By Samir Goswami U.S. military bases overseas rely on contracted migrant labor for things like food services and laundry-a system that has long imperiled the rights of foreign workers serving the very missions that claim to promote freedom. Though President Obama this year pledged to crack down on...

Give Peace a Chance: End the U.S.-India Immigration and Trade War Now

"The drums of war are pounding. Prominent American companies, through a variety of business associations , are urging the Obama Administration and Congress to punish the Government of India for mounting hostile actions in a brewing trade war. ... My solution: The U.S. should enact legislation granting...

Sumeet Kachwaha on the New Challenges and Opportunities for India in Bilateral Investment Treaties

by Sumeet Kachwaha Excerpt: In the early 1990's India was confronted with a very bleak fiscal scenario. It took a bold decision to move away from its socialist path and embrace economic reform, liberalise the economy and attract foreign investment. As part of this effort, India entered into...

One Step Forward, Two Steps Back: Immigration Benefits for Same-Sex and Domestic Partners in India

"The question of immigration benefits to same sex couples is still a far cry in India. India not only disallows same sex marriages, it also currently criminalizes relationships between same sex partners, terming them as unnatural." - Cyrus D. Mehta and Ramya Mahesh, Dec. 20, 2013 .

Reforms to the Insurance Sector in India: The Wait Continues

By John Goulios , Biswajit Chatterjee , Daniel Sharma, LL.M. , and Joywin Mathew The winter session of the India parliament concluded on December 20,2013. Against the backdrop of the slowing growth rate and demands from the investment community for economic reforms, one critical piece of legislation...

DOJ Alleges Wide-Ranging Conspiracy to Bribe Indian Officials to Secure Mining Licenses

This article was reprinted with permission from FCPA Professor Yesterday the DOJ announced the unsealing of a criminal indictment charging six individuals “with participating in an alleged international racketeering conspiracy involving bribes of state and central government officials in India...

AAO I-601 Hardship Victory

"The favorable factors in this matter are the extreme hardship the applicant's U.S. citizen spouse and child would face if the applicant were to relocate to India, regardless of whether they accompanied the applicant or stayed in the United States; community ties; support letters from the church...

CA9 on India, Changed Conditions: Singh v. Holder

Majority: "The IJ and the BIA determined that the government showed that there has been a fundamental change in circumstances such that Singh’s life or freedom would not be threatened on account of his race, religion, nationality, membership in a particular social group, or political opinion...

Why Are L-1B Denial Rates Higher for India? - Cyrus D. Mehta

" A study issued by the National Foundation For American Policy confirms what we attorneys who work in the trenches have feared most. It was already been assumed that an L-1B case for an Indian national will face much higher scrutiny, and one was always prepared to put in a lot more work into such...