Fragomen Immigration Update: July 10 - 16, 2015

In United States immigration news this week, a long-awaited White House report recommended wide-ranging administrative improvements to the U.S. legal immigration system, including plans to improve the manner in which employment-based immigrant visas are allocated.

U.S. Citizenship and Immigration Services reinstated premium processing for H-1B extension petitions received by the agency on or after July 13, 2015. The suspension was originally set to end on July 27. While USCIS continues to process receipted FY 2016 H-1B cap petitions, the agency estimates that all H-1B cap petitions not selected in the lottery will be returned by July 20, 2015.

In Canada, employers who sponsor foreign workers under the Temporary Foreign Worker Program or the International Mobility Program will be subject to harsher penalties for compliance violations starting December 1, 2015. Visa-exempt foreign nationals travelling to or those in Canada who plan to exit and re-enter the country by air after March 15, 2016 will require an Electronic Travel Authorization. Online applications for the eTA program will be available August 1, 2015.

The Singaporean Ministry of Manpower announced stricter measures for employers hiring highly-skilled foreign workers under the Employment Pass and S Pass categories. Also in Singapore, the fixed minimum salary for work pass holders to sponsor dependents will increase as of September 1, 2015.

Malaysia opened a new expedited processing division called the MYXpats Centre. The new center will allow foreign workers applying for an entry visa using a copy of their reference letter instead of awaiting the original.

These items and other news from Argentina, Brazil, Germany, Indonesia, Kazakhstan, Russia and the United States follow in this edition of the Fragomen Immigration Update.

Important Updates in Immigration This Week

United States, July 17, 2015
White House Immigration Report Outlines Proposed Employment-Based Immigration Reforms

The White House on Wednesday announced plans to improve the way employment-based immigrant visas are allocated, streamline USCIS adjudications for verified employers, modernize the PERM labor certification program, and increase standards and scrutiny of the EB-5 immigrant investor program, among other initiatives. Broad in scope, the report does not provide specific implementation details or concrete time lines for its recommendations.

To view entire article, click here.


United States, July 14, 2015
H-1B Processing Update: USCIS Completes Return of FY 2016 Cap Petitions Not Selected in the Lottery

USCIS estimates that all H-1B cap petitions not selected in the FY 2016 lottery will be returned by July 20, 2015. The agency continues to process receipted H-1B cap petitions.

To view entire article, click here.


United States, July 13, 2015
USCIS Resumes Premium Processing for H-1B Extensions

USCIS has lifted its suspension of premium processing for H-1B petitions requesting an extension of stay, two weeks earlier than anticipated. Requests to premium process newly filed or pending extension petitions on or after July 13, 2015 will be accepted, so long as they include a properly executed Form I-907 and its required fee.

To view entire article, click here.


Canada, July 16, 2015
Harsher Penalties for Employers Disobeying Foreign Worker Laws

To view entire article, click here.


Canada, July 16, 2015
Visa-Exempt Nationals in Canada Re-entering After March 15, 2016 Will Require Electronic Travel Authorization

Visa-exempt foreign nationals in Canada who plan to exit and re-enter Canada by air after March 15, 2016 must apply for Electronic Travel Authorization (eTA) prior to boarding a flight for their arrival in Canada. Visa-exempt foreign nationals outside Canada who plan to travel to Canada must obtain an eTA prior to travel as of March 15, 2016 as well. Online applications for the eTA program will be available August 1, 2015.

To view entire article, click here.


Singapore, July 16, 2015
Minimum Salary to Sponsor Dependents to Increase

Starting September 1, 2015, the fixed minimum salary for work pass holders to sponsor spouses and children will increase to SGD 5,000 per month (instead of the current SGD 4,000) and SGD 10,000 per month (instead of the current SGD 8,000) to sponsor parents.

To view entire article, click here.


Indonesia, July 16, 2015
Broader and Stricter Work Authorization Rules and Processes Likely Forthcoming

The Ministry of Manpower has announced changes to work permit rules including a new ratio of local-to-foreign workers, new requirements for employers obtaining a Foreign Manpower Utilization Plan, new short-term work permit categories and a reporting requirement for employers hiring foreign nationals, among other changes. Notably, the regulations also indicate a broadening of the definition of what the MOM constitutes as work activities (for which a work permit will be required). Likely, most of the regulations, if implemented, will not be effective until after a public comment period, after which the MOM may amend the regulations again.

To view entire article, click here.


Malaysia, July 13, 2015
New Processing Center Opens, Brings New Visa Process Allowing Faster Entry

A new processing division called the MYXpats Centre should bring faster and more consistent Employment Pass and work authorization processing for employers who are registered to hire foreign employees. With the new center comes a new online Visa with Reference (VDR) letter that allows foreign workers to apply for an entry visa with a copy of their VDR letter instead of awaiting the original.

To view entire article, click here.


Singapore, July 13, 2015
Highly-Skilled Workers’ Applications to be Subject to Closer Scrutiny

The Ministry of Manpower has announced stricter measures for employers hiring highly-skilled foreign workers aimed at maximizing work opportunities for Singaporean professionals, managers and executives. The upcoming policy changes include the requirement to publish salary ranges of job vacancies in the Job Bank and for certain employers with identified imbalances in the ratio of foreign-to-local workers to provide additional information about their efforts to recruit local workers.

To view entire article, click here.

Other Immigration News This Week

United States: Latest PERM Report Shows Improving Processing Times – As of July 9, 2015, the Department of Labor (DOL) was conducting analyst reviews for PERM applications filed in December 2014 or earlier and processing audited cases filed in March 2014 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in May 2015 or earlier.

The backlog of audited PERM applications moved ahead by three months since DOL’s last processing time report in June 2015 and PERM and H-1B wage redeterminations moved ahead by two months – faster advancements than have typically occurred. DOL’s Office of Foreign Labor Certification is in the midst of an initiative to improve PERM processing times and, according to agency officials, further backlog reductions are expected over the next several months.

As of July 10, 2015, processing times for PERM and H-1B prevailing wage determinations are within the 60-day target. DOL is currently issuing determinations for PERM PWDs, H-1B PWDs requested in May 2015 and H-2B PWDs requested in June 2015. The agency is currently processing PERM redeterminations and H-1B wage redeterminations requested in June 2015.

PERM and PWD processing times are available on the iCERT home page.

United States: CBP Begins Testing Biometric Exit Data Collection – As part of its Entry/Exit strategy, Customs and Border Protection (CBP) began testing an enhanced mobile device to collect biometric data from selected non-U.S. citizen air travelers departing the United States at Hartsfield-Jackson Atlanta International Airport. Testing is expected to expand to the following locations this fall: Chicago, Dallas, Houston, Los Angeles, Miami, Newark, New York, San Francisco, and Washington-Dulles.

The project, which will run through June 2016, is one of several initiatives CBP is working on to address the Congressional mandate to biometrically record the departure of foreign visitors. Exit biometrics were tested in a pilot program several years ago but have been suspended until now.

At the passenger loading bridge of selected flights departing the United States, CBP officers scan selected foreign national air travelers’ fingerprints and passports using a handheld biometric device. The traveler’s data is matched to the data collected when they entered the United States and then stored in secure data systems managed by DHS in order to conduct law enforcement queries and ensure the departure of a foreign national traveler from the United States through biometric verification.

Argentina: Local Identity Card Renewal Delays – Foreign nationals seeking a renewal or a duplicate of their local identity card (DNI) in the Province of Buenos Aires and locations near the City of Buenos Aires can expect significant delays due to technical errors on the Registry Office's website causing users not to be able to make an online appointment. Approvals in the City of Buenos Aires are not delayed. Foreign nationals must renew their DNI when their Temporary Residence Visa is renewed upon expiration or obtain a duplicate when the original is lost, stolen or damaged. As alternatives, foreign nationals are advised to either keep trying to make an appointment on the online system in case it starts to function properly or make an appointment in another location by obtaining an address certificate through the local police department.

Brazil: Federal Police Filing Fees Increased – As of July 13, 2015, the Federal Police in Brazil has increased fees up to 65% in most cases for many services such as work visa registration, amendments to registration information, permanent residence applications for Work Contract Visa holders, permanent residence applications based on a relationship with a Brazilian citizen, permanent residence applications based on a MERCOSUR residence permit, tourist or business visitor status extensions and duplicate RNE (identity card) applications. Foreign nationals who have paid fees prior to July 13, 2015 do not need to submit additional funds. The fees table is available here.

Germany: Significant Processing Delays for Work Permit Applications Filed in Berlin – Due to a large volume of incoming asylum applications, foreign work visa applicants applying in Berlin may experience processing times of three to four months instead of three to six weeks. Visa-exempt nationals, such as those from Australia, Israel and the United States, who can apply for a work and residence permit in Germany without an entry visa, should consider applying abroad for an entry work visa, which can be converted into a work permit after arrival in Germany. Alternatively, since the immigration authority is determined by the applicant's residence, foreign workers can reside in other areas that are subject to another jurisdiction outside of Berlin to avoid the delays. Visa nationals are not likely to be subject to the processing delays.

Kazakhstan: Visa Exemptions Extended Through 2017 – Effective immediately, nationals from the following countries will continue to be visa-exempt for stays up to 15 days, due to the extension of a pilot program through the end of 2017: France, Germany, Italy, Japan, Malaysia, the Netherlands, United Arab Emirates, the United Kingdom and the United States. Ten additional countries were added to the exemptions list and will benefit from the same exemption starting July 16: Australia, Belgium, Finland, Hungary, Monaco, Norway, Singapore, Spain, Sweden and Switzerland.

The Kazakhstani government announced in May that a future exemption will allow citizens of 34 states to enter Kazakhstan in visa waiver status for visits of up to 30 days. However, citizens of these countries will still require consular visas pending the official publication and implementation of the announced exemption.

Russia: Deadline Implemented for Passport Change Reporting Process – Effective immediately, foreign nationals who change information in their passports must apply to the immigration authorities for a work permit/patent correction within seven business days of the change. Prior to this change in policy, there was no deadline to apply for the correction. The new requirement is applicable to standard work permits, Highly-Qualified Specialist work permits and patents. Those who fail to comply with this policy may face a fine of RUB 4,000-5,000 and the imposition of an administrative violation. Two or more administrative violations may result in a ban from entering Russia.

Global Immigration News Links

Martin O’Malley, the Democratic presidential hopeful and former governor of Maryland, pledged to go further to overhaul the immigration system than any other candidate.

Republican Senators John McCain (R-AZ) and Jeff Flake (R-AZ) introduced the Criminal Alien Deportation Act bill designed to detain and ultimately deport undocumented immigrants arrested or convicted of serious crimes within 90 days.

In the UK, a new crackdown on visa fraud is aiming to ensure student visas are used for study purposes only and not for employment. Meanwhile, the UK Visas and Immigration team will answer all questions related to UK student visas and UK visas in general from Indian nationals – one of its priority countries – today over Facebook and Twitter.

South Africa has seen a drop in tourism following new legislation that requires tourists to apply in person at South African embassies abroad and have their biometric data captured before a visa can be granted.

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen.

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