Fragomen Immigration Update: August 22 - 29, 2014

In United States immigration news, the EB-5 immigrant visa quota for China has been exhausted for Fiscal Year 2014. USCIS will continue to accept Form I-485 adjustment of status applications from Chinese nationals with approved immigrant entrepreneur petitions during the last weeks of this fiscal year, but will not be able to act on them until October 1, when FY 2015 immigrant visa numbers become available. 

In the United States, some employment-based visa fees will be decreased modestly when a new State Department consular fee schedule takes effect on September 6, 2014. H-1B and L-1 visa fees will not be affected. 

Employers in Canada applying for work permits to fill positions that require Labor Market Impact Assessments (LMIA) must now include an approved LMIA at the time the work permit application is filed. Previously, applications could be filed initially without an approved LMIA. 

The UAE Minister of the Interior has signed into law an immigration reform measure that creates new multiple-entry visa options for tourists and short-term workers and amends existing short-term categories and maximum visa duration periods. The reforms also increase processing fees. 

These items and other news from 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, August 28, 2014

New U.S. Consular Fees Take Effect September 6

Fees for some employment-based immigrant and nonimmigrant visa services will be lowered beginning next week, but H-1B and L-1 visa fees will remain the same. The fee for renunciation of U.S. citizenship will be increased more than fourfold.

To view entire article, click here.

 

United States, August 25, 2014

EB-5 China Quota Exhausted for FY 2014

USCIS will continue to accept EB-5 China adjustment applications in the remaining weeks of FY 2014, but will not be able to act on them until October 1, when FY 2015 immigrant visa numbers become available. The State Department projects that EB-5 China will become backlogged in May or June 2015, and predicts lengthy green card delays thereafter.

To view entire article, click here.

 

United Arab Emirates, August 27, 2014

Immigration Reform Law Restructures Short-Term Visa Categories, Increases Fees and Compliance Obligations

Restructured entry visa options should facilitate travel and provide more options to companies sending foreign employees to the UAE for short-term engagements. The reforms also increase processing fees, and may expand in-country change of status options and introduce payroll compliance monitoring in UAE free trade zones.

To view entire article, click here.

 

Canada, August 26, 2014

Work Permit Applications Now Require an Approved LMIA at the Time of Filing

Employers applying for work permits to fill positions that require Labor Market Impact Assessments (LMIA) must include an approved LMIA at the time the work permit application is filed. The previous government practice allowed employers to file work permit applications while their LMIA application was still pending, a practice that provided employers some flexibility with regard to the timing of extension applications.

To view entire article, click here.

 

Other Immigration News This Week

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 August 22, 2014, it had received filings on behalf of 26,730 H-2B beneficiaries for the second half of FY 2014. Of these, 25,915 had been approved and 815 remained pending. For employment in the first half of FY 2015, the agency had received filings on behalf of 3,796 beneficiaries. Of these, 3,031 had been approved and 765 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: Former PEZA 47(a)(2) Visa Holders No Longer Required to Obtain Philippine Police Clearance Before Leaving the Country – In an exception to a recently announced policy, former holders of Philippine Export Zone Authority (PEZA) 47(a)(2) visas who are subject to an Order to Leave (OTL) from the Bureau of Immigration need no longer obtain a police clearance from the National Bureau of Investigation before they leave the country. This change applies only where the foreigner was downgraded from a 47(a)(2) visa to a 9(a) visitor visa, and subsequently ordered to leave the country. Foreigners in OTL cases who overstayed their visas are still required to obtain NBI clearance. The Bureau is reversing the recently introduced clearance requirement because it conflicted with the PEZA's goal of facilitating trade.

 

Global Immigration News Links 

• With President Obama expected to unveil his administration’s plans on immigration by the end of summer, the New York Times speculates that the GOP could inject the immigration issue into the annual budget discussions, which raises the possibility of a spending stalemate that could lead to another government shutdown in the fall.
• With Congress gridlocked on immigration issues, states have enacted 132 laws so far this year to deal with various immigration issues, according to a recently-issued report by the National Conference of State Legislators.
• The U.S.-Australia Visa and Immigration Information Sharing Agreement was signed, which establishes a framework for information sharing between the two nations to assist in the enforcement of each country’s immigration laws.
• In Australia’s attempt to ease labor shortages, employers will be able to hire foreign workers at lower pay rates and easier language tests for workers who can meet an urgent demand of skills.
• A recent poll for Universities UK and the think tank British Future found that 59% of the British public are in favor of student immigration despite the large number of immigrants to the UK.
• Hungarian Prime Minister Viktor Orban stated that his goal is to cease all immigration into Hungary.
• Germany is proposing new rules aimed at fighting EU citizens’ alleged abuse of German welfare programs.

 

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