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Fragomen Immigration Update: August 12 - 18, 2016

August 19, 2016

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In immigration news this week, clients are encouraged to participate in a joint seminar on the policy paper about potential changes to South Africa’s international migration policies on August 19, 2016. Feedback to the policy paper can be submitted through the online survey.

In Turkey, a new law has been published that, when implemented, will modify work permit  procedures and criteria. The most noteworthy changes include a new government agency that will use a points-based system to evaluate work permit applications, a new permanent work category and a new work permit exemption that may apply to seconded workers. 

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

 

Important Updates in Immigration This Week

Turkey, August 18, 2016
New Law to Create Points-Based Work Permit System, Among Other Changes

A new law has been published that, when implemented, will eventually significantly modify work permit procedures and criteria. The most noteworthy changes include a new government agency that will use a new points-based system to evaluate work permit applications, a new permanent work category and a new work permit exemption that may apply to seconded workers. 

To view entire article, click here.

 

South Africa, August 12, 2016
Policy Paper Seminar Upcoming and Online Survey Available for Feedback Collection

Clients are encouraged to participate in a joint seminar on the policy paper about potential changes to South Africa's international migration policies with the Johannesburg Chamber of Commerce and Industry and the Department of Home Affairs on August 19, 2016, and are reminded to submit their feedback to the policy paper through the online survey.

To view entire article, click here.

 

Other Immigration News This Week

United States: Latest PERM & PWD Processing Times – As of August 15, 2016, the Department of Labor (DOL) was conducting analyst reviews for PERM applications filed in May 2016 or earlier and processing audited cases filed in December 2015 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in May 2016 or earlier.

The processing times for PERM prevailing wage determinations (PWDs) are within the 60-day target timeframe. DOL is issuing determinations for PERM and H-1B PWDs requested in May 2016, and H-2B PWDs requested in June 2016. The agency is currently processing PERM redeterminations requested in April 2016, H-1B redeterminations requested in May 2016 and PERM and H-1B center director reviews requested in May 2016.

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

Indonesia: Multiple-Entry Visitor Visa Validity May Increase In Some Cases – The validity period for multiple-entry visitor visas, which allow business travel, is expected to increase to five years, from the current one-year maximum. Although this policy is expected to be implemented, the Directorate General of Immigration has not yet published related details and it is unlikely to apply in all cases. Additionally, immigration officers will have the discretion to determine whether to grant the new duration. Foreign nationals who are granted such a visa would be able to enter Indonesia for up to 60 days per visit. Interested applicants should contact their Fragomen immigration professional to discuss their options.

Vietnam: Chinese Passport Holders May be Issued New Loose-Leaf Visa – Due to ongoing tensions between China and several countries (including Vietnam) regarding disputed territory in the South China Sea, some immigration officers in Vietnam are refusing to stamp visas on Chinese passports that have the “nine-dash line” (which represents China’s claim in the disputed areas) and instead issue a separate visa on a loose-leaf page, which still allows entry to Vietnam. The page serves the same purpose as that of a residence card or long-term visa and is recognized throughout Vietnam. However, holders of these passports are not issued with a standard temporary residence card, which is valid for up to two years, but instead, with this loose-leaf visa, which is valid for a maximum of one year, or when the space for date-stamping on the loose leaf page is used up, whichever is earlier. Additionally, employees with such a visa who travel so frequently that the space on this page is used up will have to apply for a renewed visa (even if the current visa remains valid). Affected travellers should plan their outbound travels while in Vietnam to avoid having to renew their visas multiple times.

In addition, affected travelers, who must endorse their visa at either a consular post or upon arrival through a visa-on-arrival, are advised to endorse the visa in advance at a consular post instead of upon arrival to avoid potential problems at Vietnamese immigration checkpoints. Those who enter the country using a visa-on-arrival would not have their visa endorsed until after they arrive. At that stage, the immigration officers at the airport have full discretion as to whether to endorse the visa and this risks denial. Having the visa endorsed in advance would help avoid this risk.

 

Global Immigration News Links

U.S. presidential candidate Donald Trump has pledged to end the H-1B visa program, the New York Times reports. However, eliminating the H-1B visa would not entirely reduce companies contracting out work or functions because companies are replacing employees with new systems and not other workers in the same capacity, according to a report by the National Foundation for American Policy.

Employers hire immigrants—high- or low-skilled—for the same reasons: out of necessity and the drive to stay competitive in a global economy, the Wall Street Journal reports.

Quebec's new immigration plan to streamline the process and attract more highly-qualified immigrants remains under scrutiny of a National Assembly committee.

Brexit will not boost wage levels even if leaving the European Union allows the government to reduce immigration, according to study published by the Resolution Foundation.

 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.

© 2016 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

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