Fragomen Immigration Update: April 15 - 21, 2016
April 22, 2016
In United States immigration news this week, visa appointments will not be available to third-country nationals (TCNs) at the U.S. consulate in Toronto this summer unless they are residents of Canada. Foreign nationals who have already booked an appointment in Toronto should be able to appear as planned. TCN appointments at other U.S. consular posts in Canada remain available, though future suspensions are possible.
Also in the United States, U.S. Citizenship and Immigration Services 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 May Visa Bulletin.
Immigration, Refugees and Citizenship Canada’s selection process for the Express Entry draw continues to indicate flexibility.
Singapore’s Ministry of Manpower has started considering a company’s foreign-to-local worker ratio in the review of Employment Pass applications in an effort to preserve Singaporean employees in the workforce.
A new rule in Australia requires sponsors submitting subclass 457 visa applications to submit a declaration against discriminatory recruitment practices on the basis of immigration status or citizenship.
These items and other news from Australia, Ghana, Indonesia, Saudi Arabia, Thailand, United Kingdom and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, April 19, 2016
U.S. Consulate in Toronto to Suspend Third-Country National Visa Processing for the Summer
Visa appointments will not be available to third-country nationals (TCNs) at the U.S. consulate in Toronto between June and August 2016, except to applicants who reside in Canada and in emergency situations. Foreign nationals who have already booked a summer appointment in Toronto should be able to appear as planned. TCN appointments at other U.S. consular posts in Canada remain available, though future suspensions are possible.
To view entire article, click here.
United States, April 19, 2016
May Visa Bulletin Update: USCIS to Honor Employment-Based Final Action Dates Only Next Month
In May, 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 May Visa Bulletin.
To view entire article, click here.
Singapore, April 21, 2016
Stricter Employment Pass Criteria Introduced for Noncompliant Employers
In order to preserve Singaporean employees in the workforce, the Ministry of Manpower has started considering a company's foreign-to-local worker ratio in the review of Employment Pass applications. Employers who have a disproportionate number of foreign employees in their workforce compared to industry standards, and who have not shown a commitment to hire and promote local workers, may find it harder to obtain Employment Passes for their foreign employees.
To view entire article, click here.
Canada, April 20, 2016
Latest Express Entry Selection Shows Ongoing Flexibility
Immigration, Refugees and Citizenship Canada (IRCC) will invite 1,018 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.
To view entire article, click here.
Ghana, April 20, 2016
Additional Requirements Imposed for Oil and Gas Sector Work Permits
Employers of work permit applicants in the oil and gas sector must now pay a USD 100 administrative fee for work permit applications and should note that their employees' application materials must now also be emailed to the Petroleum Commission.
To view entire article, click here.
Australia, April 19, 2016
New Law Requires Declaration Against Discriminatory Recruitment Practices
A new rule requires sponsors submitting subclass 457 visa applications on or after April 19, 2016 or those awaiting approval as of that date to submit a declaration that they will not engage in recruitment practices that discriminate against potential employees on the grounds of immigration status or citizenship.
To view entire article, click here.
Thailand, April 15, 2016
New Immigration Form Requires Disclosure of Additional Personal Information
Effective immediately, foreign nationals applying for visa extensions, 90-day reports or reentry permits at the One Stop Service Center and Immigration Bureau must submit a new Record of Foreigner Information Form. This new document requires additional personal information, including overseas address and bank account numbers.
To view entire article, click here.
Other Immigration News This Week
United States: USCIS Updates H-2B Cap Count – USCIS reports that as of April 18, 2016, it had received filings on behalf of 25,367 H-2B beneficiaries for the second half of FY 2016. Of these, 19,021 had been approved and 6,346 remained pending. The cap for each half-year is 33,000, but USCIS accepts filings in excess of the cap because some cases will be denied or withdrawn and because employers may ultimately employ fewer H-2B beneficiaries than reflected in their petitions.
Australia: New English Language Exemption Introduced for Subclass 457 Visa Applicants – Subclass 457 visa applicants who have satisfied their relevant Australian occupational licensing or registration requirements as to their English language ability – which includes passing an exam or submitting registration forms – are now exempt from submitting documentary evidence of their English language proficiency with their visa applications. Foreign nationals seeking a subclass 457 visa should contact their immigration professional to discuss eligibility for the exemption. MARN: 1278811.
Indonesia: Government Limits Consecutive Work Permit Extensions – As of early 2016, the Indonesian MOM (Ministry of Manpower) has started to refuse IMTA (work permit) extension applications filed for the fifth consecutive time for one applicant. Previously, it was possible to apply for up to five IMTA extensions, which would allow a foreign national to work for up to six years (including the initial work permit). The new policy effectively reduces this maximum period to five years or four IMTA extensions, whichever is less. Other applications that require an IMTA (such as a change of employer application) will also count against the maximum number of applications. Foreign workers with upcoming fifth consecutive IMTA extensions must cancel their current IMTA and apply for a new work permit. Although the MOM has not formally announced this rule, the new IMTA online application system - which only allows four consecutive extensions - may have affected this policy change. Affected foreign nationals should contact their immigration professional to begin the work permit cancellation process.
Saudi Arabia/United Kingdom: Saudi Embassy in London Requires New Stamp on Support Letter – The Embassy of the Kingdom of Saudi Arabia in London is now requiring the letter of support from the UK employer to be stamped by the London Chamber of Commerce prior to the submission of Commercial and Work Visit Visa applications. Fragomen can provide support with the attestation process, which is typically completed on the same day as submission. Applicants with questions on this process should contact their immigration professional or email [email protected].
Global Immigration News Links
The Supreme Court appeared divided during oral arguments in the crucial case challenging President Obama’s 2014 executive actions on immigration.
The Economist analyzes how the fight over undocumented immigrants made its way to the Supreme Court.
German Chancellor Angela Merkel’s ruling coalition has agreed on broad measures to spur the integration of migrants and refugees.
The number of foreigners moving to Switzerland fell during the first quarter of 2016 as emigration rose, continuing a recent slowdown in net immigration.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
