Weekly Immigration Update: April 10-16, 2020

In immigration news this week:

• Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and quarantine measures, and many have implemented extension policies and other concessions. Visit Fragomen’s coronavirus-related news page for the latest immigration updates.
• United States: USCIS announced it is not offering special relief to nonimmigrants affected by the emergency, but those who are unable to apply for an extension before their current period of admission expires may seek discretionary relief under current procedures. The agency also announced that data entry and receipt notice issuance for FY 2021 H-1B cap petitions will be delayed until at least May 1 due to COVID-19. The agency has no plans to provide an extension of the H-1B cap petition filing timeframe, which currently ends June 30. 

 

These items and other news from Croatia, Japan, Netherlands, South Korea, and Taiwan follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, April 13, 2020
USCIS Offers No Special COVID Relief for Nonimmigrants Seeking a Change or Extension of Stay

• Nonimmigrants who are unable to depart the United States due to the COVID emergency may seek a change or extension of status using standard immigration procedures.

• USCIS is not offering special relief to nonimmigrants affected by the emergency, but those who are unable to apply for an extension before their current period of admission expires may seek discretionary relief under current rules. Such applications are generally subject to a high degree of scrutiny.

 

To view entire article, click here.

United States, April 13, 2020
USCIS Announces Delays in Processing FY 2021 H-1B Cap Petitions Due to COVID-19

• Data entry and receipt notice issuance for FY 2021 H-1B cap petitions will be delayed until at least May 1, according to USCIS.
• Delay in adjudication of H-1B cap petitions are also expected; the agency has not offered a projected completion timeframe.
• The agency has no plans to provide an extension of the H-1B filing timeframe, which currently ends June 30, 2020.

To view entire article, click here.

 

Other Weekly News Briefs

Croatia: Key Personnel and EU Blue Card Salary Thresholds Increased – As a result of the national average gross salary increasing to HRK 105,192, from HRK 101,376, Key Personnel and EU Blue Card applicants must now earn at least HRK 157,788 per year (1.5 times the national average gross salary), up 3.76 percent from the previous threshold. Benefits and allowances cannot be included. The new threshold applies to current permit holders, and pending and new applications. As a reminder, EU Intracompany Transferee Permit applicants must receive a salary comparable to local staff in a similar position (market salary); other applicant categories must receive at least the minimum monthly wage of HRK 4,062.51.  

Netherlands/Japan/Taiwan: Working Holiday Program in Effect – As an update, the reciprocal working holiday programs between the Netherlands and Japan and the Netherlands and Taiwan are now in effect. Under the program, Japanese and Taiwanese nationals ages 18-30 can travel to the Netherlands for a year on a working holiday to explore Dutch culture and society and vice versa. Japanese and Taiwanese participants will need to take a short course and can carry out incidental paid work to financially support their holiday; they are not required to obtain a work permit. Japanese nationals can submit an application in the Netherlands after the Dutch Embassy in Tokyo provides proof of pre-registration for participation in the program. Taiwanese nationals can submit an application for a provisional residence permit through the procedure for Entry and Residence to the Netherlands Trade and Investment Office in Tapei.

South Korea: More Nationals Now Subject to Tuberculosis Testing – Effective immediately, nationals from the following countries are now also subject to a tuberculosis test as part of the long-term visa immigration process in South Korea: Angola, Azerbaijan, Belarus, Congo, Ethiopia, Kazakhstan, Kenya, Moldova, Mozambique, Nigeria, Papua New Guinea, Peru, South Africa, Tajikistan, Ukraine, and Zimbabwe. Applicants for long-term visas who are nationals of these countries must obtain and submit a tuberculosis test result from a clinic designated by the applicable Korean consular post in their country of residence, if the country of residence is a tuberculosis test-designated country. If the applicant's country of residence is not a tuberculosis test-designated country, they can be tested for tuberculosis at a public health center in South Korea after arrival in South Korea. Applicable rules may differ by Korean consular post.

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