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In immigration news this week:
These items and other news from Andorra, Finland, Ireland, Malta, Mauritania, Poland, Russia, and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, December 3, 2020
Ninth Circuit Reinstates Bar on Public Charge for Several States; Government Response Awaited
To view entire article, click here.
Ireland, December 2, 2020
Streamlined Residence Card Renewal Process for Dublin Residents
To view entire article, click here.
United States, December 1, 2020
Federal District Court Sets Aside New DHS and DOL Rules
To view entire article, click here.
United States, December 1, 2020
Federal Court Rules Against Tech Union in Effort to End OPT
To view entire article, click here.
United States, December 1, 2020
USCIS Further Extends Temporary I-9 Verification Accommodations Due to EAD Production Delays
To view entire article, click here.
Poland, November 30, 2020
Streamlined Work Visa for Belarussian Nationals Forthcoming
To view entire article, click here.
Other Weekly News Briefs
Finland: Revised Posted Worker Directive Implemented – Effective December 1, 2020, Finland has implemented the Revised Posted Worker Directive. The new legislation offers more detailed pay regulation; extends collective bargaining agreements to foreign workers transferred to work in Finland within the same corporate or subcontractor group; sets forth local accommodation quality requirements for posted workers; expands employment condition requirements beyond 12 months of work; and requires employers to cover certain travel, accommodation and meal expenses for posted workers. Certain changes to the notification system only take effect October 1, 2021. Although Finland missed the implementation deadline of the Directive by five months, Fragomen does not expect the European Commission to take further infringement actions. Implementation remains pending in Austria, Bulgaria, Cyprus, the Czech Republic, Denmark, Greece, Ireland, Latvia, Luxembourg, Portugal, Slovenia (legislation pending), Spain and the United Kingdom.
Malta: New Citizenship by Investment Program Forthcoming – Effective immediately, Malta's Individual Investor Program (IIP) is closed. The IIP was initially scheduled to close in April 2020, but continued for several more months to exhaust available application quota spots. Pending applications continue to be processed. A new citizenship by investment program, Granting of Citizenship for Exceptional Services, will be made available in the coming months. This program will have a merit-based and an investment-based category. Applicants under the investment-based category must have resided in Malta for 12 months and make a government contribution of EUR 750,000; or have resided in Malta for 36 months and make a government contribution of EUR 600,000. Additionally, applicants must invest EUR 700,000 in real estate (or pay EUR 16,000 annual lease) and maintain the property for at least five years; pay a EUR 15,000 government filing fee; make an exceptional investment and EUR 10,000 charitable donation; and must have a clean criminal and financial record. Further details on the eligibility requirements and application process are expected in the coming months. Fragomen will report on related developments.
Mauritania: Longer Visa Validity Period for Moroccan Business Travelers – The Mauritania Embassy in Morocco now allows Moroccan business travelers to apply for a business visa valid for a two-year stay in Mauritania, instead of three months, as is the normal business visa validity period for other business visitors entering Mauritania. Such business visa applicants must include a supporting letter from the General Confederation of Moroccan Enterprises (CGEM) with their business visa application to substantiate the longer stay.
Poland: Work Authorization Exemption for Healthcare Professionals – Effective December 1, 2020, licensed doctors, dentists and nurses are work permit exempt in Poland. As a result, these individuals can apply for a work visa without a separate work permit application, expediting the application process by two to seven months. This measure further facilitates access for these sought-after professionals.
Poland: Reports of Phishing Activity – Polish authorities published a warning of attempts to obtain funds from foreign nationals (phishing) by individuals fraudulently claiming to be Ministry of Foreign Affairs officials. Foreign nationals are reminded that official government sources will never demand payments over the phone. Immigration authorities may contact the applicants directly, via official communication routes, i.e., letter posted via Polish post. Individuals may report fraud attempts to the local Police and Ministry of Foreign Affairs, at [email protected].
Russia/Andorra: Visa-Free Entry Agreement Signed – On November 25, 2020, Russia and Andorra signed a visa waiver agreement permitting visa-free entry for business or tourism trips up to 90 days, for nationals of each others’ countries. The agreement does not yet have practical effect since Russia currently does not permit Andorran nationals to enter under pandemic-related entry restrictions. Once the agreement takes effect, Andorran travelers can enter Russia without a visa for up to 90 days per year; Russian nationals can enter Andorra for 90 days in a 180-day period. Fragomen will publish an update when the agreement is effective.
United States: Latest PERM and PWD Processing Times – As of November 30, 2020, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in June 2020 or earlier, and processing audited cases filed in January 2020 or earlier. DOL is working on standard reconsideration requests submitted in August 2020 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM and H-1B requests filed in July 2020. The agency has been processing PERM redeterminations requested in October 2020. PERM center director reviews requested in September 2020 remain pending. These reports are available on the FLAG page.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.