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In immigration news this week:
In Brexit news this week:
These items and other news from Australia, Azerbaijan, Denmark, European Union, Japan, Kazakhstan, Philippines, Saudi Arabia, and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, March 14, 2019
April 2019 Visa Bulletin: Some Movement Across EB-1, Except India and China; Solid Movement for EB-2 China
To view entire article, click here.
United States, March 13, 2019
DHS Agrees to Temporarily Continue TPS Status for Nepal and Honduras
To view entire article, click here.
United States, March 13, 2019
No Announcement Yet on Premium Processing for FY 2020 H-1B Cap Cases
To view entire article, click here.
Canada, March 13, 2019
Number of Spaces for Provincial Nominee Program Increased for Lower-Skilled Workers
To view entire article, click here.
Philippines, March 12, 2019
Work Authorization Rule Changes Ahead
There is an ongoing discussion among government agencies to revise the present rules and procedures on the issuance of work authorization to foreign nationals in the Philippines. A joint memorandum, which will contain details of the changes, is expected to be issued soon.
To view entire article, click here.
United States, March 11, 2019
Premium Processing to Resume for All H-1B Petitions
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Vietnam, March 11, 2019
Work Permit Cancellation Requirement Reimplemented
The Vietnamese government has reimplemented the requirement for employers to cancel Work Permits if a foreign national’s assignment is terminated or ends earlier than the Work Permit expiration date. Depending on the location, employers may also need to return the original Work Permit card to the Department of Labor Invalids and Social Affairs during cancellation.
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United States, March 8, 2019
DHS to Extend TPS for South Sudan
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United States, March 8, 2019
Starting March 22, New Form and Biometrics for Some Seeking a Change or Extension of Status
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Colombia, March 8, 2019
Additional Concessions for Venezuelan Nationals Forthcoming
Colombia will soon be passing a law that allows Venezuelan nationals to enter Colombia with an expired Venezuelan passport, use an expired passport as an identification document in Colombia, and apply for a Colombian visa with an expired passport, among other benefits.
To view entire article, click here.
Singapore, March 8, 2019
Qualifying Salary of Local Employees for Quota Calculation Set to Increase
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Brexit News and Related News Briefs This Week
United Kingdom, March 14, 2019
UK Parliament Votes to Request Brexit Extension
Employers are advised to set up contingency plans in case of a no-deal Brexit on March 29, 2019.
To view entire article, click here.
United Kingdom, March 13, 2019
UK Parliament Votes Against No-Deal Brexit
Employers are advised to set up contingency plans in case of a no-deal Brexit on March 29, 2019.
To view entire article, click here.
United Kingdom, March 12, 2019
Brexit Withdrawal Agreement Rejected by UK Parliament Again
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United Kingdom, March 11, 2019
Parliament’s Brexit Voting Schedule This Week
The UK parliament is expected to vote on three key Brexit issues this week:
Fragomen will be closely monitoring the results and providing analysis throughout the week.
To view entire article, click here.
Many other EU countries have published contingency plans for UK nationals in case of a no-deal Brexit, with more expected soon. Fragomen will provide updates on the situation as they become available.
Please contact a Fragomen immigration professional for assistance in planning contingency arrangements in a single project. For more information, please visit Fragomen's dedicated Brexit site, which contains news, FAQs, and analysis/commentary in the form of blogs, videos, webcasts and events.
Other Weekly News Briefs
Australia: Accredited Sponsorship Program Expanded – The Minister for Immigration and Citizenship has announced that the Accredited Sponsorship program will be expanded to employers that have invested at least AU 50 million into their Australian business in the past five years. Under the new eligibility ‘Category 5: Major investment in Australia’, the business must have made a major investment in Australia (of at least AU 50 million) which has directly generated Australian employment. To assess eligibility under this category, the Department of Home Affairs (Department) may consider whether the investment has made a lasting contribution to Australia based on the value of the investment, pattern of investment, jobs created, tax contribution and export outcomes generated; and whether the investment involves innovative business practices or technologies, including setting up research activities in Australia or collaborating with Australian research institutions or commercial partnerships. Additional considerations and factors will also apply. The expansion of the Accredited Sponsorship categories should allow a greater number of employers to access this program, among the benefits of which includes streamlined processing and a flexible labor market testing process. MARN: 0004980
Azerbaijan: Visa Exemptions and Visa-on-Arrival-Eligible Nationals Added – The following countries have been added to the list of visa-exempt nationals for business trips to Azerbaijan: Bosnia and Herzegovina and Montenegro for a stay of 90 days in a 12-month period; Iran for a stay of 15 days; and Serbia and Turkey for a stay of 30 days. Nationals of Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Ukraine and Uzbekistan were already visa-exempt for 90 days in a 12-month period. The following new nations have been added to the list of those eligible to obtain a visa upon arrival: EU nationals travelling for tourism or business on the New York - Baku direct flight with Azerbaijan Airlines (AZAL), Iraqi nationals traveling by Baghdad/Baku direct flight, Bahrain, China, Israel, Japan, Kuwait, Malaysia, Oman, Qatar, Saudi Arabia, South Korea and the United Arab Emirates. Nationals of Turkey, Iran and U.S. citizens travelling for tourism or business on the New York - Baku direct flight with Azerbaijan Airlines (AZAL) were already eligible for a visa-on-arrival.
Denmark: Different Agency to Process EU Registrations – Starting April 1, EU registration applications (the main immigration formality required for non-exempt EU/European Economic Area/Swiss nationals staying in Denmark for over 90 days) will be handled by the Danish Agency of International Recruitment and Integration (SIRI, the main immigration authority in Denmark) instead of the State Administration (RSA). Until March 15, EU online applications for Copenhagen can be filed and must be picked up in person by March 29, 2019 at the RSA. After March 15, EU applications must be submitted in person at the RSA and must be picked up in person by March 29, 2019 at RSA. Starting April 1, there will be a new procedure at SIRI for application filing and appointment scheduling, the details of which Fragomen will report when further updates become available.
European Union: Future Entry Requirements for the Schengen Area – In recent days, several press outlets published articles that incorrectly reported on future requirements for U.S. citizens entering the Schengen Area. The articles erroneously stated that U.S. citizens would soon require visas to enter the Schengen Area. In fact, what has been instituted is a pre-travel authorization system that, starting 2021, will require visa-exempt nationals to obtain advance electronic approval to travel in a new European Travel Information and Authorization System (ETIAS). The ETIAS is expected to be similar to the U.S. ESTA system for Visa Waiver Program travelers and the Canadian eTA system for visa-exempt and some visa-required travelers. ETIAS is anticipated to be in place by January 2021, but will not become mandatory until six months after it is implemented. Fragomen will continue to report on developments about ETIAS as the implementation date nears.
Japan: Updates on Forthcoming Immigration Changes – In addition to the anticipated changes to the immigration system reported September 2018, the following changes are also expected to take place when the revised immigration law takes effect this April:
Kazakhstan: New Passport Registration Location in Almaty – In a change of policy, work permit holders, visa-exempt business travelers and tourists arriving in Almaty must now register their passport at the Migration Service Center instead of the Migration Police. Foreign nationals can also submit documents for change and renewal applications at the Center, if required. Although the Migration Service Center should offer one-stop streamlined processing, it is located remotely and applicants will likely face queues during a transitional phase. In a related change, employers should now notify the arrival of sponsored foreign nationals to their district Migration Service department, rather than the Migration Police. Employers will benefit from shorter travel to the department and access to more notification locations but will need to check which department is responsible where previously all notifications were handled centrally.
Saudi Arabia: Draft Resolution Clarifies Online Registration Process for Employment Contracts – The Ministry of Labor and Social Development (MLSD) issued a draft resolution which would require private sector employers to upload their entire workforce’s employment contracts to the General Organization for Social Insurance’s (GOSI) electronic portal, following an announcement in November 2018. By the end of 2019, employers whose employee headcount is above a particular number will be required to have their contracts uploaded; employers will have to upload any newly-hired employees’ contracts within a deadline specified by the GOSI regulations. It is possible that employers with smaller numbers of employees will be subject to this requirement in the future as well, though this has not yet been announced. The law is meant to ensure conformity of employment contracts with private sector regulations; to reduce labor disputes between parties; and to allow employees to review their contracts online. The draft law has been sent for public consultation and it is expected to go into effect within the next few weeks.
United States: Plans to Close USCIS Offices Abroad; Longer Processing Times Anticipated – USCIS is considering closing its international offices and shifting its international office workload to domestic offices in the U.S. and to U.S. embassies and consulates abroad, according to various news outlets. USCIS Director L. Francis Cissna has reportedly said that if the State Department agrees, the agency would move to close its international field offices in the coming months.
If approved, the move is expected to significantly increase processing times for and backlog petitions generally overseen by international USCIS offices. These offices mainly process family-based I-130 petitions and I-407 abandonment of lawful permanent resident status applications. Although the State Department can adjudicate I-130 petitions on a case-by-case basis, it is likely to be only in extremely rare cases. USCIS international offices also deal with green card and traveler-related assistance (including boarding letters), as well as humanitarian parole requests, but do not handle visa applications made by foreign nationals.
Fragomen is closely monitoring the progress of the move and will provide updates accordingly.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.