Fragomen Immigration Update: August 28 - September 3, 2015
September 4, 2015
In immigration news this week, foreign nationals in Germany with pending immigration appointments, applications filed with immigration offices, family reunion visas and work visa applications that require immigration office approval in Germany may experience delays up to several weeks, as the government deploys resources to aid increasing numbers of asylum seekers.
In Canada, select applications for provincial nominee programs in Alberta and British Columbia are suspended until early 2016, due to a large volume of pending applications.
The Australian Department of Immigration and Border Protection announced its plans to implement a streamlined subclass 457 visa application process for trusted sponsors; changes are anticipated to come into effect in late 2015.
A broader group of foreign workers in Ireland now qualify for employment permits pursuant to implementation of the Employment Permits (Amendment) Regulations 2015. The new law also brings important procedural and forms changes, which may delay processing times.
In South Africa, an outage of the online visa portal is affecting visa appointment scheduling capabilities and applications, and is likely to delay existing visa appointments. In Kenya, single-entry business visitors and tourists, and travelers transiting through Kenya, must apply for an eVisa in advance of their travel on the eVisa website. The grace period for the cessation of the visa-on-arrival program ended on August 31.
These items and other news from Austria, Colombia, Guatemala, the Philippines, Venezuela and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, September 3, 2015
DHS Designates the Republic of Yemen for TPS
Eligible Yemeni nationals who have been continuously residing and physically present in the United States since September 3, 2015 may apply for TPS and work authorization (EAD) through March 1, 2016.
To view entire article, click here.
United States, September 3, 2015
USCIS Confirms Delays in Issuance of Employment Authorization Documents and Green Cards
Foreign nationals with an approved application for employment authorization or lawful permanent residence could wait longer than usual to receive their card while USCIS performs system maintenance at its card production facility. The agency has indicated that it expects to resolve the card production backlog by the end of September.
To view entire article, click here.
Ireland, September 3, 2015
New Law Qualifies More Foreign Workers for Employment Permits; Brings Procedural Changes
Effective immediately, IT and telecommunications engineers, and certain chiropractors and mobility instructors have been taken off the ineligibility list for employment permits for foreign nationals. Additionally, graphic design managers, plant hiring managers, production managers and property, housing and estate managers have been added to the ineligibility list. The implementation of the Employment Permits (Amendment) Regulations 2015 has also brought important procedural and forms changes, which may delay processing times.
To view entire article, click here.
South Africa, September 3, 2015
Online Visa Portal Unavailability Likely to Cause Delays
The Visa Facilitation Services online portal’s current unavailability due to system maintenance is impacting visa appointment scheduling capabilities and the ability to complete online application forms. Additionally, visa application centers are currently unable to process submissions as their internal system is also offline. As such, existing appointments may need to be rescheduled.
To view entire article, click here.
Canada, September 2, 2015
Select Applications for Provincial Nominee Programs in Alberta and British Columbia Suspended
Due to a large volume of pending applications, select streams of the Provincial Nominee Programs in British Columbia and Alberta will not accept applications until early 2016. Pending applications will continue to be assessed.
To view entire article, click here.
Australia, September 2, 2015
Streamlined Subclass 457 Visa Processing for Trusted Sponsors
The Department of Immigration and Border Protection has announced that it plans to implement a streamlined subclass 457 visa application process for trusted sponsors that meet low-risk qualifications. It is anticipated that these changes will come into effect in late 2015. The changes are expected to increase the number of qualifying sponsors.
To view entire article, click here.
Kenya, August 28, 2015
eVisa Program Details Released
Effective September 1, 2015, single-entry business visitors and tourists, as well as travelers transiting through Kenya, must apply for eVisas in advance of their travel on the Kenya eVisa website, as the grace period for the cessation of the visa-on-arrival program ends on August 31, 2015. The eVisa is usually granted with a validity of up to 90 days.
To view entire article, click here.
Germany, August 28, 2015
Significant Visa and Work and Residence Permit Processing and Appointment Delays
While the German government deploys resources to aid increasing numbers of asylum seekers, foreign nationals with pending immigration appointments, pending applications filed with immigration offices, pending family reunion visas and work visa applications that require immigration office approval in Germany may experience delays up to several weeks.
To view entire article, click here.
Other Immigration News This Week
United States: Latest PERM & PWD Processing Times – As of August 31, 2015, the Department of Labor (DOL) was conducting analyst reviews for PERM applications filed in February 2015 or earlier and processing audited cases filed in June 2014 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in June 2015 or earlier.
As of September 3, 2015, processing times for PERM and H-1B prevailing wage determinations (PWDs) are within the 60-day target. DOL is currently issuing determinations for PERM PWDs, H-1B PWDs and H-2B PWDs requested in July 2015. The agency is currently processing PERM redeterminations and H-1B wage redeterminations requested in July 2015.
PERM and PWD processing times are available on DOL’s iCERT home page.
United States: USCIS Simplifies Immigrant Fee Online Payment Process – U.S. Citizenship and Immigration Services (USCIS) announced that it has simplified the process for payment of the $165 immigrant fee online in their Electronic Immigration System (ELIS). The new process will require less information from the immigrant and, will allow anyone on behalf of the immigrant (such as a family member, friend, employer or attorney) to pay the fee, as long as they have the immigrant’s alien number (A number) and State Department case ID.
The USCIS Immigrant Fee is required for individuals applying for permanent residence at a U.S. consulate abroad. The agency generally recommends that a foreign national pay the immigrant fee after picking up the immigrant visa from the consulate and before departing for the United States. The foreign national’s green card will not be delivered until the immigrant fee is paid.
Austria: New Documentary Requirements for Dependents – Effective immediately, spouses of locally-hired foreign employees applying for extensions of family residence permits, also known as Red White Red Plus Cards, must present either an A2-level language proficiency certificate or a confirmation letter from the Federal Ministry in Austria certifying that the spouse's university diploma is valid. The confirmation certificate may take up to one month to be issued. Foreign nationals whose spouse will require such documentation should contact their immigration professional for further information.
Colombia/Venezuela: Venezuelan Consulate Closures in Colombia Likely to Delay Immigration Applications – Due to diplomatic tensions between Colombia and Venezuela, the Cucuta border crossing has been closed and Venezuelan consular posts in Colombia may temporarily close without warning in the coming weeks. Venezuelan applicants in Colombia continue to be subject to increased scrutiny in their visa and permit applications. Fragomen will continue monitoring the situation and is working with local authorities in Colombia to identify any further impacts on estimated processing times.
Guatemala: Internal Audit Causing Processing Delays – An internal audit and staffing changes at the General Immigration Directorate are causing an indefinite but temporary suspension of service and visa appointments on Mondays. This will likely cause delays in notifications of approvals or denials, government fee payment services and visa/residence permit approvals. Additionally, foreign nationals and service providers will not be able to schedule appointments with the Assistant Director of Immigration to discuss delays or appeals during the auditing process.
Philippines: Relaxed Passport Requirements Introduced for Some Visa-Exempt Foreign Nationals – Visa-exempt foreign nationals with passports valid for less than six months can enter the Philippines provided that their home country consular post in the Philippines can renew the passport or travel document and that there are no grounds on which to deny the traveler entry into the Philippines under existing laws. The Bureau of Immigration National Operations Center will update the list of qualifying countries regularly. Since the prevailing international standard requires travelers to have passports or travel documents with at least six months’ validity, foreign employees should still comply with the six month-validity rule to avoid delays and entry issues at departure or arrival ports.
Venezuela: Continued Delays at Office of Consular Affairs – Foreign and Venezuelan nationals seeking services at the Venezuelan Ministry of Foreign Affairs' Office of Consular Affairs - the governmental division responsible for legalization and apostille procedures in the country - are continuing to experience backlogs and delays due to an ongoing government audit and investigation, as previously reported in April. Appointments must be scheduled online to submit documentation for processing. Appointments are limited, and the backlog may be over a month following the request. Processing times for legalization and apostille are also subject to change without notice.
Global Immigration News Links
Voters next week will determine the Singaporean government’s pivot to a new economic model based less on foreign labor and more on innovation, the Wall Street Journal reports.
Australia’s Department of Immigration and Border Protection revoked a total of 10,949 student visas that the government considered as “non-genuine” students.
UK Independence Party (UKIP) leader Nigel Farage said that immigration must be a key issue in the EU referendum campaign.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen.
