IMPACT – HIGH

What is the change? All employment visa applicants must include a signed checklist and declaration form with their application. The checklist and declaration can be found on the Cox & Kings Global Services (CKGS) website: http://www.in.ckgs.us/.

What does the change mean? The checklist identifies all documents, supporting evidence and steps required of the applicant. The declaration states that the applicant undertakes to abide by the terms of the visa issued and not seek to extend the in-country stay or change its purpose upon arrival.

  • Implementation timeframe: Immediate.
  • Visas/permits affected: All employment visas.
  • Who is affected: Foreign nationals who have yet to file their employment visa applications in the U.S.
  • Impact on processing times: It is not anticipated that processing times will be significantly affected.
  • Business impact: The checklist may help to ensure that all necessary documents and actions required of the applicant have been provided or performed, thus preventing delays in processing of employment visas through inadvertent omissions. The signed declaration requires companies to ensure that their employees or representatives stay within the parameters of the visa that has been issued and not seek to modify it in-country.
  • Next steps: Companies need to ensure that all employment visa applications include both the signed checklist and declaration to avoid being unable to file the application.

Background: In May 2014, India appointed Cox & Kings Global Services (CKGS) to replace BLS International as its service provider at Indian posts in the U.S.

BAL Analysis: The new guidelines are to be strictly enforced. Employers may wish to allow for delays in gathering the necessary documents before an employment visa application is submitted.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

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