Weekly Immigration Update: July 13 - 19, 2018

In United States immigration news this week, U.S. Citizenship and Immigration Services (USCIS) adjudicators will soon be authorized to deny a petition or application without a request for evidence if the original submission lacks sufficient initial evidence required to establish eligibility for the immigration benefit requested.

According to the U.S. State Department’s August Visa Bulletin, EB-1 worldwide will retrogress while EB-3 China will advance. USCIS subsequently announced that next month it will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department's August Visa Bulletin. Also in the United States, Temporary Protected Status for Somalia will be extended by 18 months, through March 17, 2020. Somali TPS beneficiaries will be required to re-register to extend their benefits. 

India is expanding its electronic visa (e-Visa) program to include two new subcategories – the e-Conference Visa and e-Medical Attendant Visa. Also in India, foreign spouses of Indian nationals married outside of India will soon be able to convert their tourist visas to dependent visas.

Taiwan has extended the trial visa exemption program for nationals of Brunei, Thailand and the Philippines for one year, from August 1, 2018 until July 31, 2019.

Bahrain has extended the validity period of residence permits for personal sponsorship applicants.

These items and other news from Belgium, Dominican Republic, Iraq, Oman, Spain, and Tanzania follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, July 19, 2018
DHS to Extend TPS for Somalia

Temporary Protected Status for Somalia will be extended by 18 months, through March 17, 2020. Somali TPS beneficiaries will be required to re-register to extend their benefits.

To view entire article, click here.
 

United States, July 18, 2018
August Visa Bulletin Update - USCIS to Honor Employment-Based Final Action Dates Only Next Month

In August, USCIS will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department's August Visa Bulletin.

USCIS will continue to accept, through July 31, adjustment of status applications according to the July Visa Bulletin final action dates, even for EB-1 categories that were immediately retrogressed by the State Department on July 13.

To view entire article, click here.

 

United States, July 17, 2018
ICE Proposes Student and Exchange Visitor Fee Increase

If the proposal is implemented, the fee for F-1 and M-1 students would increase to $350, from $200. The fee for most J-1 exchange visitors would increase to $220, from $180. The SEVP school certification petition fee for initial certification would increase to $3,000, from $1,700.

To view entire article, click here.

 

United States, July 13, 2018
USCIS Gives Adjudicators More Authority to Deny Filings Without a Request for Evidence

• Effective September 11, 2018, USCIS adjudicators will be authorized to deny a petition or application without a request for evidence (RFE) if the original submission lacks sufficient initial evidence required to establish eligibility for the immigration benefit requested.
• USCIS has rescinded a policy that restricted an adjudicator’s ability to deny a case without first giving the petitioner or applicant an opportunity to provide more evidence to prove the case.

To view entire article, click here.

 

United States, July 13, 2018
August 2018 Visa Bulletin – Immediate EB-1 Worldwide Retrogression, Significant Advancement for EB-3 China

• EB-1 for all countries except India and China retrogresses immediately, to May 1, 2016.
• EB-3 China will advance by one and a half years, to July 1, 2014.
• EB-2 China will advance by two months, to March 1, 2015.
• EB-3 India will advance by two months, to January 1, 2009.

To view entire article, click here.

 

Spain, July 19, 2018
Highly Qualified Workers’ Requisite Salary May be Higher Due to Policy Change

• Spanish immigration authorities have been rejecting highly qualified workers' immigration applications under the Entrepreneurs Act, arguing that their salary is not sufficient even where the salary is in line with collective bargaining agreements and is over the requisite EUR 30,000.
• Due to this policy change, Fragomen recommends employers ensure highly qualified workers' salaries at 1.5 times the average of a similar position in the company, which is the requirement for the more rigorous EU Blue Card category. Case-by-case analysis is required to determine an appropriate salary level for each application.

To view entire article, click here.

Bahrain, July 17, 2018
Residence Permit Validity Extended for Personal Sponsorship Applicants

The Ministry of Interior in Bahrain has extended the validity period of residence permits obtained under 'personal sponsorship', which is a special status granted to qualifying foreign investors, those who have worked in Bahrain or a Gulf Cooperation Council country for an extended period and real estate owners in Bahrain.

To view entire article, click here.

 

Ghana, July 16, 2018
Employer Audits in Oil and Gas Industry in Western Region of Ghana Scheduled through July 20

Ghana's Petroleum Commission's Inspection Team will be auditing companies operating in the oil and gas sector in the Western Region of Ghana through July 20, 2018.  Employers in this region must ensure that their records are readily available and accurate.

To view entire article, click here.

 

Taiwan, July 16, 2018
Visa-Exempt Status for Nationals of Brunei, Thailand and Philippines Extended

The Ministry of Foreign Affairs of Taiwan has extended the trial visa exemption program for nationals of Brunei, Thailand and the Philippines for one year from August 1, 2018 until July 31, 2019. Eligible business visitors and tourists from these countries will be able to enter Taiwan visa-free and stay up to a maximum of 14 days. During this period, nationals of Brunei and Thailand will now only be able to stay for up to 14 days per visit, down from 30 days.

To view entire article, click here.

 

India, July 13, 2018
Greater Flexibility Ahead for Foreign Spouses of Indian Nationals Seeking to Convert Visas

Foreign spouses of Indian nationals married outside of India will soon be able to convert their tourist visas to dependent visas, which is currently not allowed.

To view entire article, click here.

 

India, July 13, 2018
E-Visa Program to be Expanded

The Indian government will be expanding the scope of the electronic visa (e-Visa) program to include two new subcategories, the e-Conference Visa and e-Medical Attendant Visa, and to open eligibility to foreign nationals from additional countries.

To view entire article, click here.

 

Weekly News Briefs

Belgium: Flanders Work Permit Reform Package Formally Approved – The Flemish government has formally approved draft legislation to translate the policy objectives proposed in early July into legal norms in Flanders. The implementing legislation is subject to further pre-legislative scrutiny and may undergo amendments.

Dominican Republic: Reminder for Business Visitors and Tourists Regarding Exit Fee – Holders of single-entry (NS) and multiple-entry (NM) business visas, Business Visas for Employment Purposes (NM1) and tourists who stay in the Dominican Republic beyond 30 days are reminded that they are subject to an exit fee at the port of exit when departing the country. This law has been in effect since 2016. Examples of fees include the following:

• RD 2,500 (approximately USD 54) for stays of 30 through 90 days;
• RD 4,000 (approximately USD 86) for stays of 90 days to nine months; and
• RD 5,000 (approximately USD 108) for stays of nine to twelve months.

Foreign nationals with pending Residence Permit applications who stay in the Dominican Republic for over 30 days may apply for a re-entry permit valid for three months, but may opt to pay the exit fee instead since the re-entry permit is more expensive than the exit fee.

Iraq: Delays in Immigration Process Anticipated – Foreign nationals in Iraq should expect delays in the immigration process due to protests that are disrupting flights and internet service in the southern region of Iraq. In affected regions, hand delivery of immigration applications to the immigration provider handling the application may be delayed due to roadblocks and checkpoints that have been established by national security.

Oman: Mandatory Health Insurance Forthcoming for Employees and Visitors – The Capital Market Authority (CMA) is reviewing a new policy that would mandate that health insurance coverage be provided to all private sector employees and visitors in Oman. The CMA is working with the Ministry of Health and the Royal Oman Police on mechanisms for the issuance of health insurance to visitors at border posts. When implemented, proof of insurance will become a requirement to obtain legal status in the country. The implementation date of the new requirement has not been announced.

Tanzania: Work Permit Application Submission Location Changed and New Requirement Introduced – The Tanzanian government has introduced two new changes to the work permit application system. First, work permit applications must now be submitted for processing in the city of Dodoma rather than Dar es Salaam. The change in processing office may result in processing delays. Fragomen will expedite applications prior to the relocation and will publish updates where necessary.

Second, applications must now be accompanied by a list of registered and certified employees from the Workers Compensation Fund and the National Social Security Fund. Following the submission of these lists, the Ministry of Labour and Employment will take three to five days to process the submission. This extra step will minimally impact the overall processing time of 30 – 45 days.

 

Global Immigration News Links

• ITSERVE Alliance, a trade association for information technology staffing companies, has filed a complaint against U.S. Citizenship and Immigration Services (USCIS), citing that the agency illegally changed its policy to prohibit third-party placement of F-1s working on STEM OPT without adhering to a notice and comment process, Bloomberg Law reports.
• New York and six other states have filed a lawsuit to block the Trump administration from making cooperation with federal immigration authorities a condition for receiving federal funding for law enforcement.
• An Irish court asked the Court of Justice of the European Union to advise whether foreign nationals can still be surrendered to the United Kingdom in anticipation of 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.