Virginia, US

Oct 28 2016

Fragomen Immigration Update: October 21 - 27, 2016

Dominican Republic, Ethiopia, Hungary, India, Ireland, United States

In United States immigration news this week, USCIS has announced that the filing fees for most immigration petitions and applications will increase by an average of 21%, effective December 23, 2016. The most substantial employment-based increases will be imposed on Form I-129, the nonimmigrant worker petition, and on EB-5 investor and Regional Center filings.

Also in the United States, effective November 29, Chinese nationals with a B-1/B-2, B-1 or B-2 visitor visa valid for 10 years will be required to enroll in the new Electronic Visa Update System (EVUS) before traveling to the United States for business or tourism.

Hungary introduced two new immigration categories to streamline the process for intracompany transferees: the Intra-Corporate Transferee Permit and the Long-Term Mobility Permit.

India’s Ministry of Home Affairs has expanded the rule for hotels and landlords to report the occupancy of foreign tenants to the cities of Gurgaon and Jamnagar using Form C. Landlords in Gurgaon must also submit a new Tenant Verification Form.

These items and other news from the Dominican Republic, Ethiopia, Hungary, Ireland and the United States follow in this edition of the Fragomen Immigration Update.


Important Updates in Immigration This Week

United States, October 24, 2016
New Visa Update System Takes Effect for Chinese Nationals Beginning November 29

Chinese nationals holding a 10-year B-1, B-2, or B-1/B-2 visitor visa must enroll in the Electronic Visa Update System (EVUS) before traveling to the United States for business or tourism on or after November 29. The new system is expected to be available soon for early enrollment.

To view entire article, click here.


United States, October 21, 2016
USCIS Immigration Filing Fees To Increase Effective December 23

Filing fees for most USCIS petitions and applications will increase by an average of 21%. The most substantial employment-based increases will be imposed on Form I-129, the nonimmigrant worker petition, and on EB-5 investor and Regional Center filings.

To view entire article, click here.


Hungary, October 26, 2016
Intracompany Transferee Rules Implemented

Two new immigration categories have been introduced to streamline the immigration process for intracompany transferees in Hungary. The Intra-Corporate Transferee Permit allows third-country nationals to work and reside in Hungary at a company in the same corporate group as in the other EU Member State for up to 90 days. The Long-Term Mobility Permit allows Intra-Corporate Transferee Permit holders to reside in Hungary for over 90 days. Special conditions exist for third-country nationals whose stay exceeds 90 days who do not hold an Intra-Corporate Transferee Permit.

To view entire article, click here.


Dominican Republic, October 25, 2016
Legalization and Visa Issuance Suspended until October 27

The Ministry of Foreign Affairs has suspended visa issuance at Dominican consulates abroad and in-country document legalizations in the Dominican Republic until October 27, 2016.

To view entire article, click here.


India, October 25, 2016
Residence Reporting Form Requirement Extended to Two Cities

Foreign nationals moving to Gurgaon and Jamnagar should finalize their accommodations prior to arrival as hotels and landlords in these cities must now report the occupancy of foreign guests and tenants. Foreign nationals already in Gurgaon and Jamnagar, and any other city affected by the reporting rule, must submit the requisite documents with their next in-country immigration application.

To view entire article, click here.


Other Immigration News This Week

United States: DHS Extends Nepal TPS – The Department of Homeland Security (DHS) has extended the designation of Nepal for Temporary Protected Status (TPS) for an additional 18 months, from December 25, 2016 through June 24, 2018.

Current Nepal TPS registrants will have from October 26, 2016 through December 27, 2016 to re-register. USCIS will issue new EADs with a June 24, 2018 expiration date to eligible Nepal TPS beneficiaries who timely re-register and apply for EADs under this extension. DHS recognizes that not all re-registrants will receive new EADs before their current EADs expire on December 24, 2016. Accordingly, DHS will automatically extend the validity of EADs issued under the Nepal TPS designation for six months, through June 24, 2017. For Form I-9 employment eligibility verification purposes, through June 24, 2017, employers may accept a TPS-related EAD with a December 24, 2016 expiration date, along with a copy of the most recent Federal Register notice extending Nepal TPS.

Under the redesignation, eligible applicants who currently do not have TPS (or an initial TPS application pending) may submit an initial application during the late initial registration provisions. In addition to demonstrating continuous residence in the United States since June 24, 2015 and meeting other eligibility criteria, initial applicants for TPS under this redesignation must demonstrate that they have been continuously physically present in the United States since June 24, 2015, the effective date of this redesignation of Nepal, before USCIS may grant them TPS.

Ethiopia: Immigration Applications Delayed Due to State of Emergency – As a result of the state of emergency imposed in Ethiopia following months of anti-government riots, foreign nationals should expect business visa and work permit issuance delays.  Additionally, telephone and internet services are intermittent and business visa pre-approval results are now being communicated to clients verbally instead of by mail.  Clients should contact their nearest Ethiopian consular post for information about their applications. Employers should take the delays into consideration when planning start dates and assignments.

Hungary: Dependents' Permanent Residence Permit Statement Requires Notarization – Dependents submitting permanent residence permit applications must now have their resident family member's statement notarized at a Notary Public’s office in Hungary. The statement must contain a declaration from the resident family member that they will cover the dependent's needs while in Hungary, with documentary evidence supporting their ability to do so.  Other document requirements for the residence permit application, such as the passport and document evidencing housing, are still required.

Ireland: Visa Nationals Who Require Re-Entry Visas Prior to Holiday Travel Should Apply Soon – Due to anticipated holiday backlogs, visa nationals who plan to travel outside of Ireland in December and who require a re-entry visa should apply well in advance of their travels. The authorities encourage applicants to apply by registered mail, which has an average processing time of 10 business days. However, applicants should allow for more time during the weeks leading up to Christmas. Those who wish to apply in person in Dublin must schedule an appointment online, although appointment availability is limited and applicants may need to instead apply by mail. Applicants are encouraged to review Fragomen's application guidance carefully to avoid additional processing delays associated with failing to provide all required supporting documents. Limited in-person appointments are available daily for emergency travel in the next two days due to unforeseen events such as the death or serious illness of a family member. Further information and current requirements for re-entry visas are available on the Irish government website. Visa nationals who require assistance with their re-entry visa application should contact their immigration professional.


Global Immigration News Links

Austin Fragomen and Chad Ellsworth discuss the ethics pitfalls of dual representation in the EB-5 context.

The Swiss government has rejected a popular initiative calling for a revote on plans to limit immigration, as originally approved in a 2014 referendum.

The number of foreign workers in Japan, though still relatively small, has nearly doubled over the past eight years, and Prime Minister Shinzo Abe’s administration is considering policies to allow more guest workers to enter temporarily.

Denmark, Italy, Ireland and Sweden have all reported a spike in applications from British citizens to secure proper status in the EU following Brexit.

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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