Fragomen Immigration Update: August 15 - 18, 2014

In United States immigration news, the USCIS Ombudsman, in its 2014 annual report, affirmed that the agency’s rates of Requests for Further Evidence and denials of high-skilled immigration petitions have worsened in recent years. The Ombudsman urges USCIS to issue clear policy guidelines to improve both petition filings by employers and petition processing by USCIS. 

In Singapore, when new advertising requirements take effect August 1, intracompany transferees and individuals on assignments of one month or less will be exempt. 

Companies in the Philippines sponsoring foreign nationals for 9(g) Pre-Arranged Employment Visas may once again designate legal counsel to fulfill in-person filing requirements. 

Beginning this fall, Ireland and the UK will begin accepting short-stay visas issued by either country for business or tourism travel. 

These items and other news from Azerbaijan, Germany, Thailand, Indonesia 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, July 17, 2014

Amid Sustained High RFE and Denial Rates, USCIS Ombudsman Exposes Flaws in Adjudication Procedures

The USCIS Ombudsman’s 2014 Annual Report targeted USCIS’s continued close scrutiny of high-skilled visa classifications. During the first half of fiscal year 2014, RFEs were issued in nearly 50% of L-1B petitions, nearly 43% of L-1A petitions, and approximately 30% of H-1B petitions. Yet despite high RFE rates during fiscal year 2013, the majority of L-1B, L-1A, and H-1B petitions were ultimately approved, indicating the inefficiency of “unnecessary RFEs.”

To view entire article, click here.

 

Philippines, July 17, 2014

Legal Counsel May Now Represent Employers in 9(g) Visa Application Interviews

Companies sponsoring foreign nationals for 9(g) Pre-Arranged Employment Visas may once again use their legal counsel to fulfill in-person filing requirements. Representatives must be authorized through a special power of attorney issued by an authorized executive officer of the company.

To view entire article, click here.

 

Singapore, July 17, 2014

As Employers Prepare for Upcoming Job Posting Requirements, New Exemptions Announced

When new advertising requirements for employment passes take effect this August, companies sponsoring foreign nationals for intracompany assignments or for assignments of one month or less will be exempt.

To view entire article, click here.

 

Ireland / UK, July 16, 2014

Joint Ireland-UK Visa Program Becomes Available this Fall for Business Visitors and Tourists

Business travelers and tourists from China and India will be allowed to enter both Ireland and the UK using a visa issued by either of the two countries, beginning this fall. The program will be expanded to other nationalities later.

To view entire article, click here.

 

Other Immigration News This Week

United States: U.S. Embassy in Tel Aviv Suspends Visa Processing Indefinitely – Due to the ongoing security situation, the U.S. Embassy in Tel Aviv has suspended routine visa application processing and canceled services for U.S. citizens until further notice. For the time being, nonimmigrant visa interviews are being automatically rescheduled for the end of the month. If the rescheduled interview is not convenient for the applicant, it can be rescheduled for no additional fee. The Embassy will consider emergency visa applications on a case-by-case basis. 

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 July 14, 2014, it had received filings on behalf of 25,567 H-2B beneficiaries for the second half of FY 2014. Of these, 24,638 had been approved and 929 remained pending. For employment in the first half of FY 2015, the agency had received filings on behalf of 245 beneficiaries. 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. 

Azerbaijan: New and Restrictive Citizenship Rules Take Effect – Azerbaijani citizens are now required to notify the Ministry of Foreign Affairs and State Migration Service in writing if they obtain foreign citizenship, effective July 3, 2014. The notification must be submitted within one month of obtaining foreign citizenship. Azerbaijani citizens who fail to complete the notification will be subject to criminal fines. 

Azerbaijan has also implemented a number of new rules to prevent individuals from obtaining dual citizenship. Children born in Azerbaijan to two non-Azerbaijani parents will not receive Azerbaijani citizenship. Azerbaijani citizens can now lose their citizenship if they: (1) voluntarily acquire foreign citizenship; (2) voluntarily work for a foreign government or serve in foreign armed services; (3) are considered serious national security threats; or (4) acquired Azerbaijan citizenship using deliberately forged information or fraudulent documents. 

Germany: Language Tests No Longer Required for Spouses of Turkish Immigrants – Turkish nationals seeking to accompany or join their Turkish immigrant spouse in Germany are no longer required to pass German language tests, under a recent ruling by the European Court of Justice. Generally, Germany requires spouses of German citizens or non-EU foreign residents to pass a basic language test in order to obtain immigration status to join their spouse in Germany. The Court of Justice ruled this requirement violates a European Economic Community treaty with Turkey. Language tests are still required for non-EU nationals seeking to join a German citizen or a non-Turkish and non-EU immigrant spouse in Germany. 

Thailand: Foreign Nationals Must Sign Acknowledgment of Visa Overstay Penalties – In an effort to raise awareness of the bars to reentry that are imposed when a foreign national exceeds his or her authorized period of stay for more than 90 days, Thai immigration authorities are requiring foreign nationals applying for a new visa, extending a visa or making a 90-day report to complete an official form entitled "Acknowledgment of Penalties for a Visa Overstay." The acknowledgment explains that foreign nationals who overstay more than 90 days are subject to bars of one year or more, up to a permanent bar, depending on the duration of the overstay. Applicants must provide their name, nationality and passport number and sign the acknowledgment form. 

Foreign nationals who overstay for less than 90 days incur financial penalties of THB 500 for each day of overstay up to 41 days. Overstays of 42 days or longer can result in the maximum fine of THB 20,000 or a term of imprisonment or both, followed by deportation with a possible reentry bar. 

Indonesia: Immigration Office Increases Visa-on-Arrival Fee – Since July 3, 2014, foreign nationals entering Indonesia for short-term business or work using a visa-on-arrival are subject to a higher application fee. For a 30-day visa-on-arrival, the fee is now US$35, up from US$25. Eligible visa-on-arrival nationals must pay this fee upon their arrival at all Indonesian ports of entry.

 

Global Immigration News Links 

• The New York Times reports that the recent surge of undocumented children from Latin America crossing the border has overtaken President Obama’s plans to use executive action to reshape the nation’s immigration system, forcing him to address a new set of legal, administrative and political complications. The Washington Post also explores the repercussions of the surge on the stalled immigration reform efforts.
• With American technology visas getting more difficult for Indians, Canada has become the new destination for Indian technology entrepreneurs and venture capitalists.
• A new study concludes that New Zealanders will be made up of multiple "national" identities and its population growth may be completely dependent on immigration.
• Over the past five years, Germany has surpassed Britain to become Europe’s top immigration destination, which is good news for a country with Europe’s oldest population and second-lowest birthrate.

 

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