Fragomen Immigration Update: April 2 - 9, 2015
April 10, 2015
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This week in United States immigration news, the FY 2016 H-1B cap was reached on April 7, 2015. 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, USCIS’s appeals tribunal ruled that H-1B employers must file an amended petition with the agency when an H-1B employee moves to a new work location not covered by the initial petition and accompanying labor condition application. The ruling, which took effect immediately, will have a significant impact on organizations whose H-1B employees frequently change worksite locations. Switzerland’s second-quarter quota for L-Permits is nearly exhausted. As of April 2, only 280 L-Permits remained available for EU nationals on assignments lasting more than four months. In Australia, a recent Ministerial Determination purports to allow foreign workers to engage in offshore resource activities on floating structures and vessels under Special Purpose Visas. In Egypt, eligible foreign nationals will continue to be issued visas on arrival until a more formal electronic visa issuance system is introduced. Previously, the program was to be indefinitely suspended starting May 15. These items and other news from Australia, China, Colombia, Malaysia and the United Kingdom follow in this edition of the Fragomen Immigration Update. |
Important Updates in Immigration This Week
United States, April 9, 2015
A Change in H-1B Work Location Requires an Amended Petition, USCIS Appeals Tribunal Rules
In a decision with immediate precedential effect, USCIS’s Administrative Appeals Office has ruled that H-1B employers must file an amended petition with USCIS when an H-1B employee moves to a new work location not covered by the initial petition and accompanying labor condition application submitted to USCIS. The decision is a significant shift in agency policy, which in the past held that no amended petition was required if a new LCA was certified by DOL before the location change.
To view entire article, click here.
United States, April 7, 2015
The FY 2016 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. In the coming weeks, USCIS will conduct a computerized lottery to choose enough H-1B petitions to result in 85,000 approvals.
To view entire article, click here.
Colombia, April 9, 2015
Technical Visitor Visa Applications No Longer Require Proof of Urgency
Foreign nationals applying for TP-13 visas no longer need to prove the urgency of their assignment. However, because some immigration officials may not be aware of the change during the initial transition period, foreign applicants should continue to prove the urgency factor to improve the chances of visa approval.
To view entire article, click here.
Australia, April 8, 2015
Visa Arrangements for Offshore Workers Clarified
A recent Ministerial Determination by the Assistant Minister for Immigration and Border Protection purports to allow foreign workers to engage in offshore resource activities on floating structures and vessels under Special Purpose Visas. This comes as a response to a decision by the Federal Court of Australia that held only Australian citizens and permanent residents could perform such activities.
To view entire article, click here.
Switzerland, April 8, 2015
Second Quarter Quota Nearly Exhausted
Only 280 L-Permits remain available for the second quarter of 2015 for EU nationals on assignments lasting more than four months. Some cantons accepted L-Permit applications before the quota numbers were released, and may accept applications prior to the release of the third and fourth quarter quotas.
To view entire article, click here.
Egypt, April 6, 2015
Visa on Arrival Restriction Postponed
Visas on arrival will continue to be issued to eligible foreign nationals until a more formal electronic visa issuance system is introduced, according to a clarification to the previously-announced restriction. Foreign nationals should contact the Egyptian consular post in their country of residence to determine whether they need to obtain a consular visa.
To view entire article, click here.
Malaysia, April 6, 2015
Revised Document List and Submission Process for Employment Pass Applications
Employment Pass applicants sponsored by MSC Malaysia status companies will be required to submit additional application documents online. MDeC will no longer accept manual submission of these documents starting April 13.
To view entire article, click here.
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Other Immigration News This Week Australia: Employer's Notification Period Is Extended – Starting April 18, employers of foreign workers on subclass 457 visas will have 28 calendar days to report any changes to foreign workers' circumstances to the Department of Immigration. Currently, employers must report such changes within 10 working days. Changes subject to notification include the foreign worker's base salary and work duties, the end of an assignee's employment and payment of a visa holder’s repatriation costs. This relaxed rule comes as a result of the recent overhaul of the subclass 457 visa program, which aimed to ease sponsorship requirements and streamline the visa application process. MARN: 0849574 China/United Kingdom: Chinese Business Visa Applications Filed in UK May Require Identification Documents – Foreign nationals filing Chinese business visa applications at the Chinese Visa Application Service Center in the UK may face rejections or further documentation requests if the invitation letter is signed in the Chinese national's English name. Therefore, the Chinese visa application center in UK strongly suggests that business visa applicants include a copy of the invitation letter signatory's identification document (e.g., the Chinese passport biographic and signature pages) to prove the name and signature on the identification matches the signature on the invitation letter. If the signatory does not have a Chinese identification document with a signature, an explanatory statement may be required. Affected foreign nationals should contact their immigration professional for further guidance.
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