Fragomen Immigration Update: August 26 - September 1, 2016
September 2, 2016
In United States immigration news this week, a new U.S. Citizenship and Immigration Services (USCIS) proposal would create, if implemented, a mechanism to allow up to five years of temporary stay for certain qualifying foreign entrepreneurs who establish a U.S. start-up entity that has substantial U.S. investment and the potential for rapid growth and job creation. The agency is accepting public comments on the proposal through October 15, 2016.
On or after September 30, visa-exempt nationals who plan to enter or exit and re-enter Canada by air must apply for an Electronic Travel Authorization prior to boarding a flight to Canada.
In Switzerland, third-quarter quotas for L- and B-Permits for European Union nationals have been exhausted; fourth-quarter quotas become available October 1, 2016.
Effective immediately in Saudi Arabia, employers in the private sector are required to complete a labor market test to obtain block visas.
In Malaysia, employers within the Information, Communication and Technology sector that submit Employment Pass applications to the Malaysia Digital Economy Corporation are now subject to new documentation and other requirements.
These items and other news from Brazil, the Dominican Republic, Ghana, Panama and South Africa follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, August 26, 2016
USCIS Proposes Parole Program for Foreign Entrepreneurs
If the proposal is implemented, foreign entrepreneurs who have established a business in the United States, demonstrate significant U.S. funding and show that their business has substantial potential for rapid growth and job creation would be eligible to apply for up to five years of authorization to stay in the United States.
To view entire article, click here.
Canada, August 30, 2016
Reminder: Visa-Exempt Nationals to Require Electronic Travel Authorization After September 30, 2016
As a reminder, on or after September 30, 2016, visa-exempt nationals who plan to enter or exit and re-enter Canada by air must apply for an Electronic Travel Authorization prior to boarding a flight to Canada.
To view entire article, click here.
Switzerland, August 30, 2016
Third Quarter Quotas Exhausted
The third-quarter quotas for L- and B-Permits for European Union nationals on assignment lasting more than four months have been exhausted. Employers who wish to send EU nationals on assignment to Switzerland will need to wait until October 1, 2016, when fourth-quarter quotas become available.
To view entire article, click here.
Saudi Arabia, August 30, 2016
Labor Market Testing Now Required for Work Authorization Process
Effective immediately, employers in the private sector are required to complete a labor market test to obtain block visas, which is expected to add several weeks to the overall work authorization process.
To view entire article, click here.
Dominican Republic, August 29, 2016
Visa Suspension Lifted
The Ministry of Foreign Affairs has lifted the visa suspension. Travelers should expect visa processing delays, as all visas must be approved internally by the Ministry of Foreign Affairs before the corresponding consulate may grant the visa.
To view entire article, click here.
Malaysia, August 29, 2016
New Employment Pass Requirements Expanded
A series of new requirements will take effect September 1, 2016 for employers within the Information, Communication and Technology sector that submit Employment Pass applications to the Malaysia Digital Economy Corporation, including a longer passport validity requirement, a new cooling off period for certain renewal and conversion applications, and several new documentation requirements.
To view entire article, click here.
Other Immigration News This Week
Brazil: Apostille Processing Delays – Due to a supply shortage, foreign nationals seeking to apostille documents in Brasilia, Rio de Janeiro and São Paulo (and possibly other cities) should expect delays, likely through December. Until then, foreign nationals who need to apostille documents in Brazil are advised to contact their immigration professional for a case-by-case solution. Brazilian consulates that accept apostille will no longer accept legalized documents.
Ghana: Increased Enforcement of Foreign Companies Posing as Local Employers – The Petroleum Commission has announced that it will enforce penalties against foreign companies that pose as local employers to take advantage of government benefits in the oil and gas sector. This practice, known under the Petroleum Regulations as "fronting," can result in a fine of up to GHS 3,000,000 (approximately USD 757,000) and/or imprisonment up to two years. Directors and authorized representatives of violating companies may also face operating difficulties in the oil and gas sector.
Panama: Quota Calculation Formula Amended – The Ministry of Labor has changed its interpretation of how a company's foreign national quota is calculated. Effective immediately, the following visa categories will no longer be counted in the quota calculation: Permanent Residence for Nationals of Specific Countries, Panama-Italy, the Work Permit Regularization Program (Crisol de Razas) and Professionals (under the Highly Skilled Worker Permit). Employers should consult their immigration professional to determine whether they will still be able to hire foreign nationals considering this change.
Also, according to Panamanian law, depending on the type of visa, foreign employees cannot comprise more than 10% of a Panamanian company's total payroll, and foreign technicians, experts or managers should not comprise more than 15% of a Panamanian company's total payroll.
South Africa: Foreign Students to be Eligible for Permanent Residence After Graduating –Foreign students in South African universities studying certain subjects deemed critical by the government will soon be eligible to apply for permanent residence after completing their studies, according to an announcement by the Minister of Home Affairs. This rule will be effective once the regulation is fully implemented by the Department of Home Affairs, which is expected to happen in six to 12 months. This change was among the recommendations included in the Green Paper on International Migration. Affected students should contact their immigration professional to discuss the permanent residence application process.
Worldwide: Yellow Fever Certificate Valid for Lifetime – Effective immediately, yellow fever certificates – required as a supporting document for visa applications in many countries – are now valid for the lifetime of the applicant, instead of the previous 10 years. This validity period applies automatically to all existing and new certificates. Therefore, visa applicants can use one certificate for all subsequent visa applications regardless of the date that their international certificate of vaccination was initially issued. This development comes as a result of the World Health Assembly’s 2014 amendment to the International Health Regulations.
Global Immigration News Links
A plan by the U.S. government to require travelers entering under the visa waiver program to provide their social media IDs on key traveler documents is drawing outrage.
Presidential candidate Donald Trump revealed a 10-point immigration plan.
U.S. Commerce Secretary Penny Pritzker said she would look into India’s concerns over the fee hike for certain H-1B and other skilled visas, which went into effect late last year.
The United Kingdom is being urged to grant immigration status to EU workers to avert a jobs crisis.
In Sweden and Finland, technology companies are helping refugees find employment.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
