Virginia, US

May 26 2017

Weekly Immigration Update: May 19 – 25, 2017

Australia, Germany, India, Pakistan, United States

In United States immigration news this week, a federal appeals court upheld a lower court’s injunction against the Trump Administration’s entry ban against nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen.

In Germany, the government has ratified the EU Intracompany Transferee Directive and the Directive on Students and Researchers. Laws implementing the directives will take effect on August 1.

Effective July 1, 2017, Australia will introduce a new stream for permanent residence under the Skilled Independent (Subclass 189) Visa category for New Zealand nationals who resided in Australia on or prior to February 19, 2016.

India will exempt foreign nationals from the requirement to apply for the Identification (Aadhaar) Card.  Employers in Pakistan must now submit all Work Visa applications through a recently launched online portal.

These items and other news from the United States follow in this edition of the Fragomen Immigration Update.

Important Updates in Immigration This Week

United States, May 25, 2017

Federal Appeals Court Upholds Injunction Against Travel Ban Executive Order

The decision of the Fourth Circuit Court of Appeals means that nationals of six countries of concern can continue to apply for visas and enter the United States provided they are otherwise admissible.  In a separate case, the Ninth Circuit continues to consider the government’s appeal of a broader injunction against the travel ban executive order.

To view entire article, click here.

Germany, May 25, 2017

EU Intracompany Transferee Directive and the Directive on Students and Researchers Ratified

The German Federal President ratified the legislative changes according to the implementation of the EU Intracompany Transferee Directive and the Directive on Students and Researchers. The new laws will introduce two new work permit categories – the ICT Permit and the Mobile ICT Permit – and new regulations regarding students, trainees and scientists.  The new laws will become effective on August 1, 2017.

To view entire article, click here.

Australia, May 24, 2017

Amendments to Migration Regulations Taking Effect July 1

Certain amendments to the Migration Regulations will take effect on July 1, 2017.  New Zealand nationals who resided in Australia on or prior to February 19, 2016 will be eligible to apply for permanent residence in Australia under a new stream in the Skilled Independent (Subclass 189) Visa category.  The age limit under the Points-Tested Stream of this visa category will be reduced from 50 to 45 years of age.  The requirement to complete a Passenger Card when departing Australia will be removed.

To view entire article, click here.

India, May 23, 2017

Foreign Nationals Exempt from Identification Card Requirement

The Government of India has issued a notification that foreign nationals will be exempt from the requirement to apply for the Identification (Aadhaar) Card, expected to take effect July 1, 2017.  Foreign nationals can continue using their Permanent Account Number Cards only to file their income tax returns.

To view entire article, click here.

Pakistan, May 19, 2017

Online Portal Introduced for Work Visa Applications

Effective immediately, employers must submit all Work Visa applications through an online portal recently launched by the Board of Investment.  Manual applications are no longer accepted.

To view entire article, click here.

Weekly News Briefs

United States: DHS Extends Haiti TPS for Six Months – The Department of Homeland Security (DHS) has extended the designation of Haiti for Temporary Protected Status (TPS) for six months, from July 23, 2017 through January 22, 2018, according to a Federal Register notice published on May 24, 2017.. The extension allows currently eligible TPS beneficiaries to retain TPS through January 22, 2018, so long as they otherwise continue to meet the eligibility requirements for TPS.

Although the immigration community urged an 18-month TPS extension as Haiti is still recovering from the aftermath of Hurricane Matthew last year and the 2010 earthquake, DHS Secretary Kelly has indicated that if Haiti's recovery continues, it may not warrant further TPS extension past January 2018.

Current Haiti TPS registrants have until July 23, 2017 to re-register. USCIS will issue new EADs with a January 22, 2018 expiration date to eligible Haiti TPS beneficiaries who timely re-register and apply for EADs under this extension. Given the timeframes involved with processing TPS re-registration applications, DHS recognizes that not all re-registrants will receive new EADs before their current EADs expire on July 22, 2017. Accordingly, through the Federal Register notice, DHS automatically extends the validity of current EADs issued under the TPS designation of Haiti for an additional period not to exceed 180 days from the date the current EAD expires, i.e., January 18, 2018. For Form I-9 employment eligibility verification purposes, through January 22, 2018, employers may accept a TPS-related EAD with a July 22, 2017 expiration date, along with a copy of the May 24, 2017 Federal Register notice extending Haiti TPS.

Re-registration is limited to persons who have previously registered for TPS under the designation of Haiti and whose applications have been granted. Certain nationals of Haiti (or aliens having no nationality who last habitually resided in Haiti) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions, if they meet at least one of the late initial filing criteria, and all TPS eligibility criteria, including continuous residence in the United States since January 12, 2011, and continuous physical presence in the United States since July 23, 2011.

Global Immigration News Links

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.

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