Fragomen Immigration Update: April 24 - May 1, 2014

In United States immigration news this week, F-1 students awaiting a change of status to H-1B must be aware of the risks of international travel between now and the time their change of status takes effect on October 1, 2014. 

In Canada, labor market opinion application processing for the food services industry have been suspended indefinitely.

Malaysia’s immigration department is implementing a stricter employment pass cancellation policy that limits the ability of pass holders to travel and re-enter the country while cancellation is in process. 

These items and other news from the European Union, the Philippines 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

United States, May 1, 2014

Reminder: Travel Tips for Foreign Students Awaiting a Change of Status to H-1B

F-1 students planning to travel abroad between now and the time an H-1B petition takes effect should carefully consider whether their travel is necessary. Traveling internationally during this time can pose significant risks and result in delays.

To view entire article, click here.

 

European Union, April 28, 2014

Schengen Area Visa Exemption for Moldovan Nationals

Moldovan nationals who hold biometric passports no longer require a visa to enter the countries of the Schengen Area for stays of up to 90 days in a 180-day period, effective April 28, 2014.

To view entire article, click here.

 

Malaysia, April 25, 2014

Travel Restrictions for Certain Employment Pass Holders Undergoing Cancellation Processes

Visa nationals should not travel overseas while their employment pass cancellation is in process in order to avoid being refused re-entry in Malaysia. Employment pass holders who are changing employers in Malaysia or changing their job title within the same sponsoring company, regardless of their nationality, should postpone international travel until their new employment pass is approved, to avoid disruptions to their work status in Malaysia.

To view entire article, click here.

 

Canada, April 25, 2014

Suspension of LMO Processing for Food Services Industry

There is an immediate moratorium on access to the Temporary Foreign Worker Program by employers in the food services sector, and all new and pending Labor Market Opinion applications for occupations in the food services industry have been suspended indefinitely.

To view entire article, click here.

 

Other Immigration News This Week

United States: Haiti TPS Re-registration Period Extended – USCIS is extending the Temporary Protected Status (TPS) re-registration period for Haitian nationals from May 2, 2014 through July 22, 2014, in order to allow more eligible applicants to apply. Nationals of Haiti who currently hold TPS must re-register by July 22, 2014 if they wish to retain their status and employment authorization, if any. 

The agency has extended the re-registration period out of concern that many beneficiaries might not have been aware for the need to re-register by the previous deadline of May 2, 2014 since their employment authorization documents (EADs) have a printed expiration date of July 22, 2014. As the agency announced in a March Federal Register notice, these EADs have been automatically extended for an additional six months beyond their expiration date. 

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 25, 2014, it had received filings on behalf of 21,693 H-2B beneficiaries for the second half of FY 2014. Of these, 18,805 had been approved and 2,888 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: Notarization No Longer Required for Certain Immigration Documents – Immigration application forms and letter requests no longer require notarization, the Bureau of Immigration has announced. Notarization is still necessary, however, for affidavits and sworn statements that are submitted in support of immigration applications. The Bureau explained that the new policy aims to ease some of the documentary and financial burden for foreign nationals applying for immigration permits and visas.

 

Global Immigration News Links 

• The Washington Post offers ten reasons why the House might act on immigration reform this year.
• After chastising House Republicans for their lack of support for immigration reform, Speaker John Boehner has shifted the blame for stalled immigration reform efforts to President Obama, citing distrust in the President's commitment to implementing the law, if and when passed. President Obama continued the push for immigration reform in a speech at a U.S. military naturalization ceremony in South Korea.
• Immigration activists continue to pressure the Obama Administration on reform as they take to the streets for May Day marches.
• A group backed by former New York City mayor Michael Bloomberg is launching a new round of advertisements to urge Congress to overhaul the nation’s immigration system this year.
• Amid Japan’s population decline, foreign workers are playing a growing but uncertain role as the government seeks ways to maintain the country’s workforce and expand the economy.

 

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