Fragomen Immigration Update: April 8 - 14, 2016
April 15, 2016
In United States immigration news this week, U. S. Citizenship and Immigration Services received a record 236,000 H-1B cap petitions for employment in Fiscal Year 2017 – a 1.3 percent increase over last year’s total.
According to the State Department’s May Visa Bulletin, the cutoff dates for final issuance of an immigrant visa will advance by two weeks for EB-2 India and remain current for all other countries except China, whose EB-2 cutoff dates will stay the same. EB-3 professional and skilled worker cutoff dates will advance by three weeks for India and three months for the Philippines, while remaining the same for all other countries.
Canada announced several planned changes to the Express Entry and International Mobility programs, including a proposal to provide extra points for university graduates in the Express Entry program, and to increase the maximum age to qualify as a dependent from 19 to 22, among others.
In the European Union, the European Commission adopted a policy paper urging the European Parliament and Council to assess the suspension of the short-stay visa waiver policy for nationals from Brunei, Canada and the United States.
These items and other news from Austria, Colombia, Ethiopia, Netherlands, Sweden, Turkey, Venezuela, the United Arab Emirates and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, April 13, 2016
USCIS Receives More Than 236,000 FY 2017 H-1B Cap Cases, Runs Selection Lotteries
USCIS received just over one percent more H-1B cap filings than last year. The overall chance of selection in the cap lotteries for this year is 36% percent. Employers and their immigration counsel have begun to receive email receipts for cases filed by premium processing.
To view entire article, click here.
United States, April 12, 2016
May 2016 Visa Bulletin: Advancements in EB-2 and EB-3 India Final Action Dates Next Month
In May, the cutoff dates for final issuance of an immigrant visa will advance by two weeks for EB-2 India and remain current for all other countries except China, whose EB-2 cutoff dates will stay the same. EB-3 professional and skilled worker cutoff dates will advance by three weeks for India and three months for the Philippines, while remaining the same for all other countries. EB-5 China will advance by only one week. In the coming months, EB-3 China could retrogress due to heavy demand.
To view entire article, click here.
United Arab Emirates, April 14, 2016
New Visa Application Process Requires Appearance at Typing Center
A new electronic system for submission of visa applications requires the foreign employee to appear at one of approximately 600 approved typing centers in Dubai, but eliminates the need for multiple appearances at a General Directorate of Residency and Foreigners Affairs branch. Sponsors or their representatives will not need to appear personally for visa applications processed at a typing center.
To view entire article, click here.
Sweden, April 14, 2016
Extra Administrative Step to Delay Work Permit Process
Work permit applicants must now submit their employment offer letter to a local Swedish labor union for comment, instead of waiting for the Swedish Migration Agency to submit it to the labor union. This additional step is expected to add up to five business days to the work permit application process, but will likely increase the chances of application approval.
To view entire article, click here.
Netherlands, April 13, 2016
Rules Amended for Recognized Sponsors
Recognized sponsors may now be subject to sponsorship withdrawal if they no longer employ foreign workers. Additionally, prospective recognized sponsors established for less 1.5 years are eligible for a new exemption from the standard business plan and points-based analysis requirement for sponsorship in some cases, while companies established for more than 1.5 years may in some cases be subject to the points-based analysis for their recognized sponsorship applications.
To view entire article, click here.
European Union, April 12, 2016
Commission Assesses Suspension of Visa Waiver Policy for Nationals of Brunei, Canada and United States
The European Commission adopted a policy paper urging the European Parliament and the European Council to assess the suspension of the short-stay visa waiver policy for nationals from Brunei, Canada and the United States, due to the fact that these countries do not allow reciprocal visa-free travel by nationals of some EU member states. The Commission has asked the European Parliament and Council to issue a decision by July 12, 2016, which would mean that visa requirements for nationals from Brunei, Canada and the United States could be implemented within 90 days of that date. At this stage, this is a recommendation only and there are no immediate changes to visa requirements.
To view entire article, click here.
Canada, April 12, 2016
Improvements to Express Entry Program Ahead, Other Proposals Announced at Conference
Several planned changes were announced for the Express Entry and International Mobility programs at the annual Canadian Bar Association Immigration Section Conference in Vancouver, held last week. Key changes include a proposal to provide extra points for university graduates in the Express Entry program, and an increase in the maximum age to qualify as a dependent from 19 to 22, among others.
To view entire article, click here.
United Arab Emirates, April 12, 2016
Medical Examination Regulations for Residents Amended
Residency permit applicants in the UAE are now subject to different medical examination rules. Notably, they must now undergo pulmonary tuberculosis testing during the residency permit renewal process, which may delay the medical testing process.
To view entire article, click here.
Turkey, April 11, 2016
Residence Permit Regulations Implemented
New regulations consolidate many of the Migration Directorate's rules implemented over the past ten months. The key points include visa invalidation if a visa is not used within six months of issue, relaxation of entry ban rules if a fine is paid upon exit by an overstayer, and a requirement to file a new Residence Permit application if a foreign national moves to a new city while in Turkey.
To view entire article, click here.
Austria, April 8, 2016
New Document Retention Requirements; General Enforcement Increased
Immigration authorities have implemented a new requirement for employers of foreign nationals to store diplomas and resumes at the Austrian worksite and are increasingly enforcing document retention requirements and implementing fines for noncomplying companies.
To view entire article, click here.
Other Immigration News This Week
United States: Latest PERM & PWD Processing Times – As of April 7, 2016, the Department of Labor (DOL) was conducting analyst reviews for PERM applications filed in November 2015 or earlier and processing audited cases filed in July 2015 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in December 2015 or earlier.
The processing times for PERM prevailing wage determinations (PWDs) are within the 60-day target timeframe. DOL is issuing determinations for PERM PWDs requested in January 2016, and H-1B and H-2B PWDs requested in February 2016. The agency is currently processing PERM and H-1B wage redeterminations and center director reviews requested in December 2015.
PERM and PWD processing times are available on the iCERT home page.
Colombia: Visa Applications May Require Additional Documents – The Ministry of Foreign Affairs has recently been requiring additional documentation – including an original employment contract, offer letter and/or employment certification – for the visa application portion of the TP-4 work visa application, which is granted to local companies that have a labor contract with the foreign national. The only employment-related document that is required by law is the Contract Summary form signed by the host company's legal representative and the applicant.
While the Ministry has not issued a formal communication in this regard, the Ministry is authorized to also request additional documents for other visa applications as well, including TP-13, TP-15 (Mercosur), NE-1, among others.
Additionally, the Ministry has recently required marriage certificates that are submitted with dependent visa applications to have been issued within three months preceding the application. Typically, this is only required for a TP-10 spouse visa. The same requirement may also apply to birth certificates.
TP-4, TP-13, TP-15 (Mercosur) and NE-1 visa applicants should work with their immigration professional to prepare the additional documents that may be requested for their or their dependents' applications in case the Ministry requires them at its discretion.
Ethiopia: Stricter Penalty Calculation Rule Implemented – Due to the Ethiopian immigration authorities’ efforts to encourage compliance with work permit rules, employees who violate work permit rules will be fined from the date of expiry to date of payment of the fine, instead of from the date of expiry to the date of the new application. The penalty for work permit violations is USD 5 per day up to ten days, and USD 10 per day after ten days. Ethiopian employers should ensure that their foreign employees are made aware of this rule change.
Venezuela: Friday Closures May Delay Processing – The Venezuelan president has declared every Friday during the months of April and May to be non-working holidays for the public sector, which includes ministries, civil and state registries, SAIME (the passport and visa issuing office), among others. Filings, inquiries, notifications and retrieval of documents can only be completed Monday to Thursday, which may cause longer processing times. Foreign nationals with urgent applications should contact their immigration professional to discuss filing options.
Global Immigration News Links
The Supreme Court is scheduled to hear arguments next week on President Obama’s immigration executive actions on the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA) programs, which were enjoined last year by a Texas federal judge. The eventual ruling could spur additional challenges.
Democratic presidential candidate Hillary Clinton unveiled her plan for an Office of Immigrant Affairs – a national office dedicated to immigrants and refugees – while receiving an endorsement from immigrant rights group and the New York State Immigrant Action fund.
Britain would still likely experience high levels of immigration if it were to leave the EU in June, according to research from think tank Open Europe.
The House of Lords will consider Immigration Bill 2015-16, which proposes an annual charge of GBP 1,000 on public and private employers that recruit skilled workers from outside the EU and European Economic Area.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
