Fragomen Immigration Update: April 17 - 24, 2014

In immigration news this week, European Union member states will be offering a new combined work and residence permit for intracompany transferees by 2016. Combined permit holders will be exempt from labor market testing and will be able to work, with limitations, throughout the EU.

The United Kingdom Home Office will be eliminating the Tier 1 (General) category on April 5, 2015 and will no longer accept applications for extensions of stay under the category after that date. The Home Office will stop accepting applications for indefinite leave to remain, the UK’s term for permanent residence, under Tier 1 (General) on April 6, 2018. 

These items and other news from Canada, the Philippines, Vietnam and the United States follow in this edition of the Fragomen Immigration Update. 

Remember that the Immigration Update is available through both e-mail and Web version by clicking on "View as Web Page" above.

 

Important Updates in Immigration This Week

Canada, April 24, 2014

Cap Figures Announced for Permanent Residence Programs

Citizenship and Immigration Canada will accept 25,000 permanent residence applications under the Federal Skilled Worker program from May 1, 2014 until the implementation of the Express Entry process in 2015. The Federal Skilled Trades program will be capped at 5,000 applications, and the Canadian Experience Class program will be capped at 8,000 applications. There will be occupation-specific sub-caps for all three programs.

To view entire article, click here.

 

United Kingdom, April 23, 2014

Tier 1 (General) Category to be Eliminated April 6, 2015

Foreign nationals who are in the UK under Tier 1 (General) status will no longer be allowed to apply for extensions of stay after April 5, 2015. Applications for indefinite leave to remain under Tier 1 (General) will be accepted only up to April 6, 2018.

To view entire article, click here.

 

European Union, April 22, 2014

EU States Expected to Harmonize Immigration Rules for Intracompany Transferees by 2016

European lawmakers are expected to adopt a new directive that will require EU member states to offer a combined work and residence permit for intracompany transferees. The permit would be exempt from labor market testing and enable permit holders to work, with limitations, throughout the EU.

To view entire article, click here.

 

Other Immigration News This Week

United States: DOL PERM Processing Times Updated – As of April 4, 2014, DOL was conducting analyst reviews for PERM applications filed on September 9, 2013 or earlier and processing audited cases filed on January 31, 2013 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in April 2014. 

PERM prevailing wage determinations (PWDs) are now being processed within DOL’s 60-day target time frame, after several months of lengthier PWD processing. DOL is now issuing determinations for prevailing wage requests submitted in February 2014. 

PERM and PWD processing times are available on the iCERT home page. 

United States: USCIS Updates H-2B Cap Count - USCIS continues to accept H-2B petitions for employment start dates in the second half of FY 2014. The agency reports that as of April 18, 2014, it had received filings on behalf of 21,047 H-2B beneficiaries for the second half of FY 2014. Of these, 17,969 had been approved and 3,078 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. 

Philippines: Nationals of Seven More Countries Now Visa-Exempt for Business, Tourism – Effective immediately, nationals of Belize, Croatia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan can enter the Philippines for business or tourism without a visa for up to 30 days per visit. Visa-exempt travelers must carry a passport with at least six months of remaining validity and confirmed return or onward travel tickets. 

Vietnam: Local Police Clearance May Be Required for Work Permit Applications – Foreign nationals who have had a previous stay in Vietnam may be required to provide a local Vietnamese police clearance in addition to foreign police clearances when a work permit application is filed on their behalf. The authorities have not indicated the length of stay that will trigger the requirement; currently, it is within the discretion of the inspecting labor officer to require the local clearance after examination of the entry stamps in the applicant’s passport. This requirement is currently being imposed in Hanoi and Bac Ninh, but other provinces could also follow suit. Local police clearances currently take approximately four weeks to process. To minimize the risk of a local police clearance being required, foreign nationals should enter Vietnam a few days before their work permit applications are ready for filing.

 

Global Immigration News Links 

• Immigration reform advocates continue to urge President Obama to exercise executive authority to bypass congressional gridlock and act on immigration reform.
• The Canadian government is planning to offer skilled migrants “express entry” into the country by 2015.
• Québec has announced that it will reopen its immigrant investor program, offering 1,750 visas to wealthy investors despite the Canadian government’s decision to close the country’s federal program.
• UK-based companies argue that Britain’s stringent visa regulations are harming the country’s technology industry as employers lose key skilled staff due to immigration curbs.
• The American Chamber of Commerce in China called on the Chinese government to ease visa requirements and speed up the approval process, which the Chamber contends is deterring investments by U.S. companies.
• New Zealand saw its highest net gains in migrants in a decade, led by immigrants from China.

 

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