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In immigration news this week:
These items and other news from Austria, Bolivia, Canada, Chile, Cyprus, Czech Republic, Greece, Oman, Papua New Guinea, Qatar, South Africa, Spain, Switzerland, the United Kingdom, and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
Malta, November 14, 2019
Minimum Salary Level to Increase
Effective January 1, 2020, the minimum monthly wage in Malta will increase to EUR 761.97, up 0.6 percent from last year. Foreign workers typically receive salaries well above this threshold.
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United States, November 14, 2019
State Department Withdraws Revised Blanket L Visa Standard, But Future Changes Are Expected
To view entire article, click here.
Sweden, November 13, 2019
EU Blue Card Minimum Salary Level Increased
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France, November 13, 2019
Streamlined Residence Permit Process, New Labor Shortages Tool Forthcoming
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United States, November 12, 2019
USCIS Proposes Significant Changes to Immigration Benefits Fee Structure
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Canada, November 12, 2019
Prevailing Wages Updated
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Canada, November 12, 2019
Stricter Requirements Recently Implemented for Quebec Experience Program to be Suspended
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Bolivia, November 12, 2019
Political Crisis Intensifies, Affecting All Immigration Processing
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United States, November 8, 2019
Federal Appeals Court Sends H-4 Work Authorization Lawsuit Back to Lower Court for Further Consideration
To view entire article, click here.
Australia, November 8, 2019
Global Talent Program Launched
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Weekly News Briefs
Austria: Policy Change Hinders Vander Elst Applications – In a change of policy, the Austrian Labor Market Authority (AMS) no longer accepts informal document submissions for Vander Elst service providers seeking secondment declarations. Previously, Vander Elst applicants proactively emailed supporting documents to AMS when filing a ZKO (Zentrale Koordinationsstelle des Bundesministeriums für Finanzen) declaration with the Ministry of Finance, since the ZKO declaration would trigger an AMS document request. Currently, AMS requires applicants to await the formal document request to be sent to the EU home employer. Since such requests are sent via standard mail in German only and typically with a one-week response deadline, secondment declaration applications are now often rejected by AMS for missing the deadline. Affected applicants are advised to consult with immigration counsel, since supporting documents may be accepted on appeal. Affected applicants and employers will likely face delays and administrative hurdles with this new AMS practice.
Canada: Stricter Requirements Suspended for Quebec Experience Program – As expected, the Quebec government published suspending regulations in the Official Gazette stating that foreign nationals are no longer subject to the stricter requirements which went into effect on November 1, relating to Quebec Selection Certificates under the Quebec Experience Program (PEQ). The changes were suspended due to the public outcry stemming from the number of foreign nationals suddenly ineligible to apply under the program. However, foreign nationals who hold diplomas, had performed between 900 and 1,799 hours of training (inclusive) and had submitted an application between November 1 and 13, 2019 will have their applications adjudicated under the selection criteria that was in place as of November 1, 2019. All other foreign nationals who submitted an application between November 1 and 13, 2019 as well as all future applicants will have their applications reviewed under the criteria in place prior to November 1. Foreign nationals should be aware that regulations pertaining to language and Quebec value attestations and French language proficiency for spouses, which were announced at the same time as the restrictive PEQ regulations, are still expected to come into effect on January 1, 2020.
Chile: Immigration Delays Continue – Although Chile's Immigration Department in Santiago is currently open and functioning as usual, ongoing civil unrest continues to cause closures or irregular operating hours for some governmental agencies, notary offices, banks and other institutions. As a result, foreign nationals and employers can expect additional processing delays for immigration related applications until the situation normalizes, including the following:
Fragomen continues to work with affected clients with case-by-case advice.
Cyprus: Stricter Rules and Retroactive Checks on Citizenship by Investment – Following criticism of residence and citizenship by investment programs throughout Europe earlier this year, Cyprus has overhauled its citizenship by investment program, introducing stricter eligibility criteria, enhanced background checks and safeguards, and standardized permit evaluations and checks. Cypriot authorities are conducting retroactive checks on approximately 2,000 granted passports to verify whether these met the criteria in place at the relevant time. These checks have reportedly resulted in 26 passport revocations. According to the officials, the revocations took place because applicants did not meet the applicable criteria at the time of their approval.
Czech Republic: Faster Processing for Highly Skilled Local Hires – Following legislative changes, vacancies for managers, specialists and technical / professional workers (with occupations ranked in categories 1-3 in the local job classification system (ISCO)) submitting Employee Card and EU Blue Card applications must now be posted for 10 calendar days, down from 30. Since posting a vacancy is a mandatory step in the application process for these permit types, eligible applicants and their employers benefit from faster application processing.
Greece: Golden Visa Investment Changes Ahead – The Greek government is planning to impose a higher investment amount for the Golden Visa, which allows investment in the Greek economy in exchange for a Greek visa. The details have not yet been announced but are expected in the next few months. Additionally, improvements have been implemented for the investment payment process, which is expected to reduce the processing time for pending applications, which currently take over a year to process. Fragomen will report on related developments.
Oman: Visit Visa for Tourism Now Requires Electronic Pre-Approval (e-Visa) – Effective immediately, foreign nationals traveling to Oman can no longer obtain visit visas upon arrival. Instead, they must apply for a visa through the Royal Oman Police’s electronic portal in order to obtain an electronic pre-approval (e-visa) prior to travel. This change is expected to expedite the entry process, as obtaining a visit visa upon arrival often took hours during peak travel times. The Omani government last amended its rules for visit visas in 2018.
Oman: Suspension Extended on Recruitment of Foreign Nationals to Certain Industries – The Ministry of Manpower (MOM) has extended its suspension on the issuance of new work visas for workers in the construction and cleaning services industries by another six months, effective November 2019. The suspension does not apply to companies employing 100 workers or more; companies charged with implementing government projects, companies registered with the Public Authority for the Development of Small and Medium Business and select employers in free zones. A suspension on the recruitment of foreign workers in these categories has been in place in 2014. Other industries have also been affected by suspensions on the recruitment of foreign workers, including in June 2019, when the MOM extended a suspension on foreign sales and procurement representatives and in July 2019, when the MOM extended the suspension on the recruitment of foreign national workers in 87 professions; both decisions are still in effect. Furthermore, in May 2019, the MOM issued a list of professions that are expected Inbox to be permanently restricted to Omani nationals.
Papua New Guinea: Visa Application Process Improvements – The Immigration and Citizenship Authority (ICA) recently introduced expedited processing and online filing to the visa application process. Restricted Employment Visa (REV) and Employment Visa applicants may now opt to pay a fee of USD 2,000 to expedite the processing of their applications to two business days instead of five and 15-20 business days, respectively. Moreover, REV applicants may now also file their visa applications online through ICA’s website to obtain an e-Visa instead of submitting their applications over the counter at the ICA office. An additional USD 50 administrative fee, however, is charged for online filing. Processing times of five business days are the same for both filing options. These changes come after the ICA recently eliminated the requirement to obtain an original fee receipt in Papua New Guinea when filing visa applications. These changes are seen as the ICA’s initiative to streamline the visa application process.
Qatar: E- Contracts Now Required for All Work Residence Permit and Labor Card Holders – The Qatar Ministry of Administrative Development, Labor and Social Affairs (MADSLA) is now requiring all Qatar work residence permit and labor card holders to hold a registered employment contract that is printed through the online e-contract portal. The e-contract was first introduced by MADSLA on December 16, 2016; however, at that time, e-contracts were not required for foreign nationals who were already holding a valid contract that was registered with the Ministry of Labour. As part of this new requirement, employers and foreign nationals will not be able to complete the following immigration-related processes without the foreign national holding a registered e-contract: work and residence permit renewals; sponsorship transfer completions; family residence permit applications; and family visit visa applications. This new requirement is not applicable in the Qatar Financial Center and the Qatar Science and Technology Park.
South Africa: Supporting Documents for Traveling Minors No Longer Required Upon Entry – The Minister of Home Affairs signed a waiver which, effective immediately, allows foreign nationals traveling to South Africa to enter without having to present supporting documents for traveling minors. Previously, foreign nationals were required to present a birth certificate or parental consent form at the entry port in South Africa when traveling with children. This requirement negatively affected tourism and was previously removed as a mandatory requirement, following a recommendation in 2018. Foreign business travelers who enter with minor children (who would enter as tourists) would also benefit from this waiver. Such documentation may still be required for visa applications or work permits of foreign workers entering South Africa with minor children, depending on the circumstances of the case.
Spain: Appointment Delays Persist in Barcelona – Longstanding delays persist for foreign nationals scheduling appointments with the Barcelona immigration office and police station for applications such as a residence card or an EU registration certificate. Current appointment wait times are approximately four to six weeks, up from the normal one to two weeks. Government representatives are now intervening to attempt to push the relevant authorities to resolve the delays. Applicants are advised against paid appointments offered allegedly by call centers and processing agencies, since the immigration appointments should be free of charge and paid appointments constitute malpractice. Affected applicants are advised to consult with immigration counsel for alternatives, such as applications at another location, if applicable.
Switzerland: New Permit Format for EU Nationals – European Union and European Economic Area residence permit applicants in Switzerland cantons will now receive a credit card-type permit instead of a paper permit. Non-EU nationals already received credit card-type residence permits. The cantons of Geneva and Thurgau have started issuing new format permits as of November 1, 2019, whereas other Swiss cantons will start issuing the new cards at a later, unconfirmed date. Authorities aim for country-wide implementation by 2021. Current permit holders in relevant cantons do not need to take any action; they will receive a card upon permit renewal, or when notifying a permit change.
United Kingdom: Five-Day Permanent Residence Processing Forthcoming – Effective November 13, 2019, foreign nationals applying for permanent residence (Indefinite Leave to Remain - ILR) based on the Tier 2 General route can apply under the Priority Service processing category, whereby applications are adjudicated in approximately five business days for a GBP 500 fee. Permanent residence applications can also be processed either in six months at no additional cost, or in 24 hours for a GBP 800 super priority fee. These fees are in addition to the standard GBP 2,389 government processing fee for ILR applications. The UK authorities do not guarantee processing times.
United States: Latest PERM and PWD Processing Times – As of October 31, 2019, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in July or earlier, and processing audited cases filed in February 2019 or earlier. DOL is working on standard reconsideration requests submitted in May 2019 or earlier.
DOL is issuing prevailing wage determinations for PERM and H-1B requests filed in July 2019. The agency has been processing PERM and H-1B redeterminations requested in October 2019, and PERM and H-1B center director reviews requested in October 2019. These reports are available on the iCERT page.
United States: SCOTUS Hears Arguments on DACA Termination – The Supreme Court of the United States (SCOTUS) earlier this week heard oral arguments in its consolidated review of the three lawsuits challenging the termination of the Deferred Action for Childhood Arrivals (DACA) program. A ruling is not expected before June 2020. There are no changes to the DACA program until further notice. The Department of Homeland Security will continue to accept DACA renewal applications, but will not accept applications from foreign nationals making their first DACA application.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.