Fragomen Immigration Update: August 29 - September 5, 2014

In United States immigration news this week, a new State Department consular fee schedule that decreases some employment-based visa fees will take effect on September 12, 2014, not September 6 as originally announced. H-1B and L-1 visa fees will not change. 

In Ghana, oil and gas sector employers applying for work permits must now advertise in at least two local publications, notify the Petroleum Commission of vacancies, and identify a Ghanaian replacement for each foreign candidate, among other new obligations.

France has eased work authorization procedures for foreign graduates of French Master’s degree programs. 

These items and other news from Australia, France, Poland, Romania, Spain 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, Updated September 2, 2014

New U.S. Consular Fees Take Effect September 12

Fees for some employment-based immigrant and nonimmigrant visa services will be lowered beginning September 12, but H-1B and L-1 visa fees will remain the same. The fee for renunciation of U.S. citizenship will increase more than fourfold.

To view entire article, click here.

 

France, September 4, 2014

Foreign Scientists Now Permitted to Maintain Temporary Residence After Employment Termination

Foreign scientists are now accorded the same employment termination benefit as other foreign workers and are permitted to remain in France for one year after termination to seek new employment.

To view entire article, click here.

 

Ghana, September 3, 2014

Additional Recruitment and Training Requirements to be Implemented for Oil and Gas Industry

Employers in the oil and gas sector seeking to apply for work permits must now advertise in at least two local publications, notify the Petroleum Commission of vacancies, and identify a Ghanaian replacement for each foreign candidate, among other changes. Any work permit application that does not meet these new requirements will be rejected.

To view entire article, click here.

 

France, August 29, 2014

Medical Exam Requirement Eliminated for Skilled Foreign Nationals and Others

Scientists, intracompany transferees, and artistic/cultural workers, among other foreign nationals, no longer have to undergo a medical exam to work in France.

To view entire article, click here.

 

Other Immigration News This Week

United States: DHS Extends and Redesignates Sudan and South Sudan TPS – The Department of Homeland Security (DHS) has extended the designation and is redesignating Sudan and South Sudan for Temporary Protected Status (TPS) for an additional 18 months, from November 3, 2014 through May 2, 2016.

Current Sudan and South Sudan TPS registrants will have from September 2, 2014 to November 1, 2014 to re-register. USCIS will issue new EADs with a May 2, 2016 expiration date to eligible Sudan and South Sudan TPS beneficiaries who timely re-register and apply for EADs under this extension. DHS recognizes that not all re-registrants will receive new EADs before their current EADs expire on November 2, 2014. Accordingly, DHS will automatically extend the validity of EADs issued under the TPS designation of Sudan and South Sudan for six months, through May 2, 2015. For Form I-9 employment eligibility verification purposes, through May 2, 2015, employers may accept a TPS-related EAD with a November 2, 2014 expiration date, along with a copy of the most recent Federal Register notice extending Sudan/South Sudan TPS. 

Under the redesignation, eligible applicants who currently do not have TPS (or an initial TPS application pending) may submit an initial application during the 180-day initial registration period that runs from September 2, 2014 through March 1, 2015. In addition to demonstrating continuous residence in the United States since September 2, 2014 and meeting other eligibility criteria, initial applicants for TPS under this redesignation must demonstrate that they have been continuously physically present in the United States since November 3, 2014, the effective date of this redesignation of Sudan and South Sudan, before USCIS may grant them TPS. 

TPS applications that were filed during the 2013 Sudan and South Sudan redesignation that remain pending on September 2, 2014 will be treated as initial applications under this 2014 redesignation. Individuals who have a pending Sudan or South Sudan TPS application will not need to file a new Application for Temporary Protected Status (Form I-821). 

United States: Visa Processing Delays Expected At U.S. Consulates in Australia - U.S. Consulates in Australia will limit visa appointments during the lead-up to and during the Group of Twenty (G20) Leader’s Summit in November 2014, with priority given to U.S. citizen services, immigrant visas, and emergency nonimmigrant visa applications. Applicants should also anticipate longer waits for available appointments and delays in visa processing and issuance extending after the Summit’s conclusion as the consulates address accumulated backlogs. Employers and foreign nationals should plan to make visa applications as far in advance as possible. 

Australia/Poland/Spain: Poland and Spain are Newest Signatories to Australian Work and Holiday Visa Program - Poland and Spain have recently been added as signatories to an Australian visa program that allows eligible individuals between the ages of 18 and 31 to study and work in Australia for up to 12 months, with reciprocal benefits for qualifying Australian nationals. Participants can work for up to six months with one employer, and study or train for up to four months, and can leave and re-enter Australia while their visa remains valid. Applicants are required to satisfy certain health, character, educational and English language requirements to qualify for the program. Other participating countries include Argentina, Bangladesh, Chile, Indonesia, Malaysia, Thailand, Turkey, United States, and Uruguay. 

MARN 935827

Romania: Romanian C and D Visas Introduced to Electronic Visa Application System - Romania has added C-type (short-stay) and D-type (long-stay) visas to their electronic visa application process. Foreign nationals applying for these visas can now do so on www.eviza.ro. The applicant will receive online validation, but must still appear in person with originals of their application materials and supporting documents. The system is meant to ensure that no documents are missing. Processing times are expected to be approximately 10 days for D-type visas and 30 days for C-type visas.

 

Global Immigration News Links 

• President Obama is weighing the pros and cons of waiting until midterm elections before making administrative reforms to the U.S. immigration system. Meanwhile, Speaker John Boehner indicated that Congress could move forward on immigration reform next year, contingent on President Obama’s actions on the issue.
• A National Foundation for American Policy study advocates for executive action on the employment-based immigration system, including exempting dependents from the immigrant visa quota, allowing beneficiaries of approved immigrant worker petitions to obtain employment authorization documents and advance parole, and expanding the 17-month extension of optional practical training to foreign nationals with U.S. business-related degrees.
• For Deferred Action for Childhood Arrivals (DACA) immigrants, the state of residence determines the level of access to resources. For example, some states restrict DACA immigrants’ access to schooling and drivers licenses, while other states offer financial aid to DACA college attendees.
• Universities in the United States are the most attractive higher education option for international students, attracting 21% of all students studying abroad, according to a Brookings Institution report.
• The UK economy saw a boost of £210 billion, illustrating the impact that skilled foreign workers have on the economy and their increased contribution to the professional workforce.
• Switzerland’s proposed quotas to limit the numbers of migrants from EU countries are compounding skills shortages in the engineering sector.

 

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