Fragomen Immigration Update: April 1 - 7, 2016
April 8, 2016
In United States immigration news this week, the FY 2017 H-1B cap was reached on April 7, 2016. In the coming weeks, USCIS will conduct a computerized lottery to choose enough H-1B petitions to result in enough approvals to meet the annual limit of 85,000.
Also in the United States, the revised optional practical training program for foreign students with a qualifying U.S. STEM degree will take effect on May 10, 2016. Fragomen has prepared preliminary answers to employers' and students’ frequently asked questions about the new program and its transitional rules.
Immigration, Refugees and Citizenship Canada conducted the 31st Express Entry draw. The selection process continues to indicate flexibility.
In the European Union, the European Commission has outlined its proposals to enhance existing immigration and criminal information data management systems and to implement new programs through legislation.
Thailand’s Ministry of Interior has implemented stricter penalties including reentry bans and random passport checks for foreign nationals who overstay their allowable visa stay period.
Non-EU nationals residing in Belgium for more than three months will be required to submit a signed statement promising to integrate into Belgian society and to respect Belgian laws and values, according to a rule expected to be implemented this summer.
These items follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, April 7, 2016
The FY 2017 H-1B Cap Has Been Reached
The annual quota of 85,000 new H-1B petitions was exceeded in the first five business days of the filing period for employment in FY 2017. In the coming days, USCIS will conduct a computerized lottery to choose enough H-1B petitions to result in 85,000 approvals.
United States, April 7, 2016
The New STEM OPT Program: What Employers Need to Know
The new program, which takes effect May 10, 2016, means increased work authorization for qualifying F-1 STEM students and new obligations for students, employers and schools.
United States, April 7, 2016
The New STEM OPT Program: What F-1 Students Need to Know
The new program, which takes effect May 10, 2016, means increased work authorization for qualifying F-1 STEM students and new obligations for students, employers and schools.
European Union, April 7, 2016
Improvements to Immigration Data Management Systems Across the European Union Proposed
The European Commission has outlined its proposals to enhance existing immigration and criminal information data management systems used across the European Union and to implement new programs through legislation, with the goal of protecting external borders and enhancing internal security. The report also highlights the long-term objective of improving inoperability issues of information systems and creating a committee to support and analyze the interconnectivity of information systems across the European Union.
Canada, April 6, 2016
Latest Express Entry Selection Shows Ongoing Flexibility
Immigration, Refugees and Citizenship Canada (IRCC) will invite 954 candidates to apply for permanent residence in its most recent Express Entry draw, which ends tomorrow. The selection process continues to indicate flexibility since IRCC is selecting candidates who do not have a valid Labour Market Impact Assessment or Provincial Nomination approval at the time their profile is selected.
Belgium, April 5, 2016
Integration Statement to be Required for Non-EU Nationals
Non-EU nationals staying in Belgium for more than three months will be required to submit a signed statement promising to integrate into Belgian society and to respect Belgian laws and values. The rule is expected to be implemented during the summer of 2016.
Thailand, April 1, 2016
Visa Overstayers Subject to Reentry Bans
Visa overstayers are now subject to reentry bans and random passport checks according to stricter new rules that are effective immediately. Foreign nationals should therefore carry their passport or a photocopy of their passport and visa stamp at all times.
Global Immigration News Links
The U.S. House of Representatives' legal counsel has taken the unprecedented step of filing an amicus brief with the Supreme Court, arguing that President Obama overstepped his authority in issuing executive actions to shield undocumented immigrants from deportation. Five House Republicans joined House Democrats in voting against a measure to authorize the brief. House Democrats filed their own amicus brief last month supporting the President.
A unanimous Supreme Court ruled that undocumented immigrants and other noncitizens can be counted when states draw their legislative districts.
The Library of Congress will use the term “noncitizen” in place of “illegal alien,” the International Business Times reports.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
