Fragomen Immigration Update: April 9 - 16, 2015

April 17, 2015

In United States immigration news, USCIS received a record 233,000 FY 2016 H-1B cap petitions – almost three times the number of available visa numbers. The overall chance of selection in the cap is approximately 36 percent. Initial adjudication of premium processed H-1B cap cases should be completed by May 12 – two weeks earlier than USCIS’s initial projections.

Following the decision overturning longstanding USCIS regulations on when a material change requiring an amended H-1B petition occurs, employers in the United States planning imminent location changes for H-1B employees must now weigh the business risks of suspending a location change until after an amended petition can be filed versus permitting moves that are already in progress and filing an amended petition immediately thereafter.

According to the U.S. State Department’s May Visa Bulletin, the EB-5 subcategory for China will be subject to a cut-off date of May 1, 2013 and is likely to remain backlogged indefinitely. EB-2 China and EB-2 India will advance by fourteen months and by more than seven months, respectively. EB-3 will advance for most countries, but will retrogress by more than seven years for the Philippines due to a surge in demand in prior months.

In India, following the merger of the Person of India Origin (PIO) card and the Overseas Citizen of India (OCI) card, all PIO card holders will be required to apply for an OCI card, with certain nationals facing impending deadlines to do so.

A new immigration processing center in South Africa is expected to open by March 2016. It will offer expedited visa and permit processing to applicants from India, Kenya and Nigeria as a pilot program.

These items and other news from the European Union, India, Indonesia, Ireland, the United Kingdom, Venezuela and the United States follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, April 14, 2015  

USCIS to Begin Premium Processing of H-1B Cap Cases on April 27

Initial adjudication of premium processed H-1B cap cases should be completed by May 12 – two weeks earlier than USCIS’s initial projections. 

To view entire article, click here.

 

United States, April 13, 2015

May 2015 Visa Bulletin: Cut-Off Date Imposed for EB-5 China; EB-2 China and India Advance, While EB-3 Philippines Retrogresses Significantly

The State Department will impose a cut-off date of May 1, 2013 for EB-5 China immigrant visas. EB-2 China will advance fourteen months to June 1, 2012 and EB-2 India will advance more than seven months to April 15, 2008. EB-3 will advance for most countries, but will retrogress by more than seven years for the Philippines due to a surge in demand in prior months. 

 

United States, April 13, 2015

USCIS Receives 233,000 FY 2016 H-1B Cap Cases, Runs Selection Lotteries

USCIS received 35 percent more H-1B cap filings than last year. The overall chance of selection in the cap lotteries for this year is 36 percent. 

To view entire article, click here.

 

United States, April 10, 2015

The USCIS Decision on H-1B Location Changes: Answers to Frequently Asked Questions

The USCIS Administrative Appeals Office's decision to require an amended petition for most H-1B location changes will have a significant impact on many employers, though it is not yet clear how the agency will implement the decision. Employers planning imminent location changes for H-1B employees must weigh the business risks of suspending the location change until after an amended petition can be filed versus permitting moves that are already in progress and then filing an amended petition as quickly as possible thereafter. 

To view entire article, click here.

 

Venezuela, April 15, 2015

Audit May Delay In-Country Legalizations and Apostilles

An ongoing audit by the Venezuelan Government at the Office of Consular Affairs of the Venezuelan Ministry of Foreign Affairs will delay legalization and apostille processes in the country.

To view entire article, click here.

 

Indonesia, April 15, 2015

Planned Replacement of Online Portal Causes Visa Application Delays

Work permit applicants may see start date delays as companies that have not yet received a new login identification number under the new Directorate General of Immigration online system cannot obtain limited stay visa pre-approvals (‘Telex VITAS’). At this time, the new system is closed and the old system is currently being used. Additionally, employers filing Telex VITAS applications must upload a recent bank statement when the new online portal is live. 

To view entire article, click here.

 

South Africa, April 14, 2015 

New Immigration Center to Expedite Visa and Permit Processing

A new immigration processing center in Pretoria is expected to open by March 2016. The center is expected to offer expedited visa and permit processing to applicants from India, Kenya and Nigeria as a pilot program.

To view entire article, click here.

 

India, Updated April 10, 2015

PIO Card Holders Must Eventually Apply for OCI Card

Person of India Origin (PIO) card holders can apply for an Overseas Citizen of India (OCI) card under the OCI in lieu of the PIO category. This process may eventually become mandatory, which may require PIO card holders abroad to travel to file their applications at the Indian Mission or application center where the initial PIO card application was submitted. PIO card holders from Germany, the UK and the United States face deadlines to apply for an OCI card to be able to travel to India.

To view entire article, click here.

 

Other Immigration News This Week

United States: Latest PERM & PWD Processing Times – As of April 16, 2015, the Department of Labor (DOL) was conducting analyst reviews for PERM applications filed in October 2014 or earlier and processing audited cases filed in September 2013 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in March 2015 or earlier.

Processing times for PERM and H-1B prevailing wage determinations are within the 60-day target. DOL is currently issuing determinations for PERM PWDs, H-1B PWDs requested in February 2015 and H-2B PWDs requested in March 2015. The agency is currently processing PERM redeterminations, H-1B wage redeterminations and H-1B center director reviews requested in March 2015.

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

United States: Obama Administration Endorses Removing Cuba from Terrorism List – According to a White House statement released on April 14, 2015, President Obama submitted a statutorily required report to Congress indicating the Administration’s intent to rescind Cuba’s designation as a State Sponsor of Terrorism. The report was required to be submitted at least 45 days prior to the proposed recession’s effective date. The statement follows President Obama’s December 17, 2014 announcement of policy changes related to Cuba.

European Union: Valid Visas Need Not Appear in a Valid Travel Document for Entry – A third-country national holding a valid Schengen visa in an expired/cancelled passport can enter the Schengen Area showing the cancelled/expired passport with a valid Schengen visa and their new passport, according to a holding by the Court of Justice of the European Union. The holding stems from Latvia's refusal to allow entry to an Indian citizen travelling with a valid Indian passport without a visa and a cancelled Indian passport affixed with a valid visa issued in Italy. The court held that border control authorities could have carried out the necessary documentary verifications with the travel documents presented, and that nothing in the Schengen Borders Code intends to make entry into a Schengen country impossible in such circumstances.

India: Visa On Arrival Program to Be Expanded – The new Tourist Visa on Arrival Enabled-Electronic Travel Authorization (TVoA-ETA) program for tourists has been renamed e-Tourist Visa (eTV), to clarify that it is not a visa on arrival scheme. Business visa applicants eligible for the eTV, which is valid for a single entry 30-day stay, should continue to apply for the visa online at least four days prior to arrival.

Additionally, the program is expected to be available at more airports by June, with plans for further expansion in the future. The list of countries whose nationals will be eligible for the program is also expected to be expanded to 76 countries, including Argentina, Armenia, Aruba, Belgium, Colombia, Cuba, Guatemala, Hungary, Ireland, Jamaica, Malaysia, Malta, Mongolia, Mozambique, the Netherlands, Panama, Peru, Poland, Portugal, Slovenia, Spain, St Lucia, St Vincent & the Grenadines, Surinam, Sweden, Tanzania, East Timor, Turks & Caicos Islands, the UK, Uruguay and Venezuela.

Indonesia: Visa Exemptions on Hold – The implementation of previously reported visa exemptions that were to be granted to nationals of 30 additional countries has been put on hold. Foreign nationals from countries other than Brunei Darussalam, Cambodia, Chile, Ecuador, Hong Kong SAR, Laos, Macau SAR, Malaysia, Morocco, Myanmar, Peru, Philippines, Singapore, Thailand and Vietnam should continue to obtain visas prior to entry or visas on arrival, depending on their nationality, to enter Indonesia.

Ireland: Online Visa System Forthcoming – An online appointment scheduling system is expected to go live this summer for visa nationals seeking to obtain re-entry visas to Ireland. Instead of waiting at the Irish Naturalization and Immigration Service office in Dublin, applicants will be able to print out a confirmation page and bring it with their identification to the appointment. Additionally, the principal applicant will be able to make an online appointment on behalf of any dependents, and may attend the appointment without the dependents by providing proof of the relationship with the family members.

United Kingdom: Services Suspended at Brazilian Consulate in London – The Brazilian Consulate in London is temporarily closed due to building construction. Brazilian visa applicants should expect delays in collecting documents until the consulate opens. Applicants whose visas were processed at the Brazilian Embassy should contact the Embassy to determine whether emergency visa applications can be processed there, and whether they will be able to collect their passports on the planned collection date. It is not clear how long the Consulate will remain closed, but employers should plan for potentially delayed start dates and applicants should be prepared for a potential case backlog.

 

Global Immigration News Links

• Amid a record season for H-1B filings, business immigration advocates call for legislation to increase the cap while ten U.S. Senators are seeking an investigation of the H-1B program. USCIS received a record number of H-1B cap petitions this year – reportedly the highest number ever and almost double the applicants from two years ago.

• The tax contributions by undocumented immigrants would increase by $2.2 billion under an all-inclusive immigration reform policy, according to a report by the Institute on Taxation and Economic Policy.

• The Migration Policy Institute reports that approximately 39,000 undocumented immigrant children will enter the country as unaccompanied minors this federal fiscal year.

• UK Independence Party’s general election platform seeks to reinstate a 50,000-per-year cap on immigration.

• Rather than increase immigration, Prime Minister Shinzo Abe’s government is returning to an “internship” program that the United States and other countries have criticized as fraught with human rights abuses, reports the Wall Street Journal.

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