Fragomen Immigration Update: August 7 - 13, 2015
August 14, 2015
In United States immigration news this week, a U.S. federal court vacated a regulation allowing F-1 students with a STEM degree to obtain an extension of optional practical training, but stayed its ruling until February 2016 to allow the Department of Homeland Security to comply with procedural obligations and permit F-1s with a STEM extension of OPT to continue to work.
The U.S. State Department’s September Visa Bulletin shows significant retrogression in immigrant visa availability for EB-2 China and India, which will retrogress to January 1, 2006, moving backward by seven years and two years, respectively. EB-3 China, India and the Philippines will advance by six months, to December 22, 2004, while all other countries will advance by one month, to August 15, 2015. EB-5 China will advance by three weeks to September 22, 2013.
In the United Kingdom, the Migration Advisory Committee concluded that there is a case for increasing the overall minimum salary threshold for the Tier 2 (General) category.
Starting October 21, 2015, eligible same- or opposite-sex domestic partners in Chile will qualify as dependents under a new visa category, Temporary Residence by Civil Union, if one of the individuals is a Chilean citizen or a temporary or permanent resident of Chile.
South African Visa Facilitation Service centers opened in London, Manchester and Edinburgh to process South African visas, and are expected to provide expedited visa processing, a new online tracking system and a helpline.
The U.S. State Department’s September Visa Bulletin shows significant retrogression in immigrant visa availability for EB-2 China and India, which will retrogress to January 1, 2006, moving backward by seven years and two years, respectively. EB-3 China, India and the Philippines will advance by six months, to December 22, 2004, while all other countries will advance by one month, to August 15, 2015. EB-5 China will advance by three weeks to September 22, 2013.
In the United Kingdom, the Migration Advisory Committee concluded that there is a case for increasing the overall minimum salary threshold for the Tier 2 (General) category.
Starting October 21, 2015, eligible same- or opposite-sex domestic partners in Chile will qualify as dependents under a new visa category, Temporary Residence by Civil Union, if one of the individuals is a Chilean citizen or a temporary or permanent resident of Chile.
South African Visa Facilitation Service centers opened in London, Manchester and Edinburgh to process South African visas, and are expected to provide expedited visa processing, a new online tracking system and a helpline.
Important Updates in Immigration This Week
United States, August 13, 2015
United States, August 13, 2015
Federal Court Vacates STEM OPT Extension Program, But Allows It to Stay In Place Pending Further Action from DHS
The court found that DHS failed to give the public adequate notice and an opportunity to comment on its 2008 regulation establishing an extension of optional practical training for F-1 students with qualifying STEM degrees. But because the court stayed its ruling until February 2016, F-1 students with a STEM extension of OPT remain eligible to work in a job that meets program rules, and this stay gives DHS time to put a new rule in place through proper procedures.
To view entire article, click here.
United States, August 12, 2015
September 2015 Visa Bulletin: Significant Retrogression for EB-2 China and India; Moderate Advancement Worldwide for EB-3
In September, the immigrant visa cut-off date for EB-2 China and India will retrogress to January 1, 2006, moving backward by seven years and two years, respectively. EB-3 China, India and the Philippines will advance by six months, to December 22, 2004, while all other countries will advance by one month, to August 15, 2015. EB-5 China will advance by three weeks to September 22, 2013.
To view entire article, click here.
United Kingdom, August 13, 2015
Advisory Committee Recommends Minimum Salary Increase for Skilled Workers
Further to the Migration Advisory Committee (MAC)’s request for advice from the Home Office regarding reducing non-EU migration to the UK by increasing the minimum salary level, the MAC has concluded that there is a case for the overall minimum threshold for the Tier 2 (General) category to be increased. This could mean a substantial increase, taking the salary threshold to £31,000 or £39,000.
To view entire article, click here.
Chile, August 13, 2015
Opposite- and Same-Sex Partners to be Eligible for Dependent Status Under New Visa Category
Eligible same- or opposite-sex partners will qualify as dependents starting October 21, 2015 if one of the individuals is a Chilean citizen, or a temporary or permanent resident in Chile. To obtain dependent status, the partner will have to apply under a new visa category called Temporary Residence by Civil Union prior to entry or in Chile.
To view entire article, click here.
South Africa, August 13, 2015
The court found that DHS failed to give the public adequate notice and an opportunity to comment on its 2008 regulation establishing an extension of optional practical training for F-1 students with qualifying STEM degrees. But because the court stayed its ruling until February 2016, F-1 students with a STEM extension of OPT remain eligible to work in a job that meets program rules, and this stay gives DHS time to put a new rule in place through proper procedures.
To view entire article, click here.
United States, August 12, 2015
September 2015 Visa Bulletin: Significant Retrogression for EB-2 China and India; Moderate Advancement Worldwide for EB-3
In September, the immigrant visa cut-off date for EB-2 China and India will retrogress to January 1, 2006, moving backward by seven years and two years, respectively. EB-3 China, India and the Philippines will advance by six months, to December 22, 2004, while all other countries will advance by one month, to August 15, 2015. EB-5 China will advance by three weeks to September 22, 2013.
To view entire article, click here.
United Kingdom, August 13, 2015
Advisory Committee Recommends Minimum Salary Increase for Skilled Workers
Further to the Migration Advisory Committee (MAC)’s request for advice from the Home Office regarding reducing non-EU migration to the UK by increasing the minimum salary level, the MAC has concluded that there is a case for the overall minimum threshold for the Tier 2 (General) category to be increased. This could mean a substantial increase, taking the salary threshold to £31,000 or £39,000.
To view entire article, click here.
Chile, August 13, 2015
Opposite- and Same-Sex Partners to be Eligible for Dependent Status Under New Visa Category
Eligible same- or opposite-sex partners will qualify as dependents starting October 21, 2015 if one of the individuals is a Chilean citizen, or a temporary or permanent resident in Chile. To obtain dependent status, the partner will have to apply under a new visa category called Temporary Residence by Civil Union prior to entry or in Chile.
To view entire article, click here.
South Africa, August 13, 2015
Visa Service Centers Open in London, Manchester and Edinburgh
South African Visa Facilitation Service centers opened in London, Manchester and Edinburgh on August 7, 2015. The centers process visas for South African Missions in countries such as Angola, China, Democratic Republic of Congo, Ghana, India, Kenya and Nigeria. The centers are expected to provide expedited processing, shorter waits, extended working hours and a new online tracking system. The South African High Commission in London will no longer accept any applications – all visa applications must go through one of the VFS centers.
To view entire article, click here.
South African Visa Facilitation Service centers opened in London, Manchester and Edinburgh on August 7, 2015. The centers process visas for South African Missions in countries such as Angola, China, Democratic Republic of Congo, Ghana, India, Kenya and Nigeria. The centers are expected to provide expedited processing, shorter waits, extended working hours and a new online tracking system. The South African High Commission in London will no longer accept any applications – all visa applications must go through one of the VFS centers.
To view entire article, click here.
Other Immigration News This Week
United States: Latest PERM & PWD Processing Times – As of August 10, 2015, the Department of Labor (DOL) was conducting analyst reviews for PERM applications filed in January 2015 or earlier and processing audited cases filed in April 2014 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in May 2015 or earlier.
Processing times for PERM and H-1B prevailing wage determinations are within the 60-day target. DOL is currently issuing determinations for PERM PWDs, H-1B PWDs requested in June 2015 and H-2B PWDs requested in July 2015. The agency is currently processing PERM redeterminations and H-1B wage redeterminations requested in June 2015.
PERM and PWD processing times are available on the iCERT home page.
United States: DHS To Implement Security Enhancements to Visa Waiver Program Member Countries – The Department of Homeland Security (DHS) announced a number of additional or revised security criteria for new and current Visa Waiver Program (VWP) member countries.
The security criteria for VWP member countries will entail the required use of e-passports for all VWP travelers coming to the United States; the use of the INTERPOL Lost and Stolen Passport Database to screen travelers crossing a Visa Waiver country’s borders; and permission for the expanded use of U.S. federal air marshals on international flights from Visa Waiver countries to the United States. These security enhancements build on changes the agency made last fall, when additional ESTA data fields were added for those seeking to travel to the United States with Visa Waiver passports. The specific implementation date has not yet been announced.
United States: DHS Announces Trilateral Agreement to Expand Trusted Traveler Programs – As the first steps toward creating a North American Trusted Traveler network, the Department of Homeland Security (DHS), Public Safety Canada and the Secretariat of Governance of Mexico have signed an agreement making it easier for eligible travelers in the United States, Mexico and Canada to apply for expedited screening programs.
As part of the agreement, Mexican nationals who are members of Mexico’s Viajero Confiable program will be able to apply for the U.S.-Canada NEXUS trusted traveler program, making them eligible for expedited screening benefits upon arrival at international airports in the United States and Canada. Reciprocally, Canadian citizens who are members of NEXUS will be able to apply for Viajero Confiable, making them eligible for expedited screening benefits upon arrival at select international airports in Mexico. U.S. citizens are currently eligible to apply for the NEXUS and Viajero Confiable trusted traveler programs through existing partnerships. Eligible travelers will be able to apply for each program beginning in 2016.
Kenya:Visa on Arrival Program Ceased – Effective September 1, 2015, single-entry business visitors and tourists, as well as travelers transiting through Kenya, must apply for an eVisa 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. Eligible applicants can use the online system to create login details, fill out an online application form and pay a non-refundable fee. Upon successful payment and form submission, the applicant will receive an eVisa document by email. Visa nationals must present this eVisa printout upon arrival. If a traveler is approved for entry, the actual visa will be issued and endorsed on the traveler’s passport upon arrival. Consular visa nationals can use the eVisa system, but will need to apply for approval letters from the consular post or the Kenya immigration headquarters office before they may submit the eVisa application.
United Kingdom: Immigration Agency Grants All Eligible Applications for Restricted Certificates of Sponsorship for August – The August 2015 quota for Restricted Certificates of Sponsorship (RCoS) was issued on August 11, 2015, and all applications for jobs paying above £20,800 have been granted. The allocation for July to August 2015 was 1,650 plus a carry over of 394 from June to July 2015. The UK Visas and Immigration service has discretion to go over this limit by 100.
In previous months, demand for the quota exceeded supply and applications for non-EEA nationals sponsored under the Tier 2 (General) Visa category paid under £46,000 were refused unless they were PhD-level jobs or an occupation on the recognized shortage occupation list. The Tier 2 (General) Visa quota affects foreign nationals applying for a visa from outside the UK who will earn less than a guaranteed amount of £155,300 per year or those who apply from within the UK and are switching from the Tier 4 Partner category. The current annual quota is 20,700 and a fixed number of spaces are available each month. Tier 2 (General) Visa applications are processed in a priority order based on a points system; shortage occupations are awarded the most points, followed by PhD-level jobs and lastly points are awarded based on salary.
United States: Latest PERM & PWD Processing Times – As of August 10, 2015, the Department of Labor (DOL) was conducting analyst reviews for PERM applications filed in January 2015 or earlier and processing audited cases filed in April 2014 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in May 2015 or earlier.
Processing times for PERM and H-1B prevailing wage determinations are within the 60-day target. DOL is currently issuing determinations for PERM PWDs, H-1B PWDs requested in June 2015 and H-2B PWDs requested in July 2015. The agency is currently processing PERM redeterminations and H-1B wage redeterminations requested in June 2015.
PERM and PWD processing times are available on the iCERT home page.
United States: DHS To Implement Security Enhancements to Visa Waiver Program Member Countries – The Department of Homeland Security (DHS) announced a number of additional or revised security criteria for new and current Visa Waiver Program (VWP) member countries.
The security criteria for VWP member countries will entail the required use of e-passports for all VWP travelers coming to the United States; the use of the INTERPOL Lost and Stolen Passport Database to screen travelers crossing a Visa Waiver country’s borders; and permission for the expanded use of U.S. federal air marshals on international flights from Visa Waiver countries to the United States. These security enhancements build on changes the agency made last fall, when additional ESTA data fields were added for those seeking to travel to the United States with Visa Waiver passports. The specific implementation date has not yet been announced.
United States: DHS Announces Trilateral Agreement to Expand Trusted Traveler Programs – As the first steps toward creating a North American Trusted Traveler network, the Department of Homeland Security (DHS), Public Safety Canada and the Secretariat of Governance of Mexico have signed an agreement making it easier for eligible travelers in the United States, Mexico and Canada to apply for expedited screening programs.
As part of the agreement, Mexican nationals who are members of Mexico’s Viajero Confiable program will be able to apply for the U.S.-Canada NEXUS trusted traveler program, making them eligible for expedited screening benefits upon arrival at international airports in the United States and Canada. Reciprocally, Canadian citizens who are members of NEXUS will be able to apply for Viajero Confiable, making them eligible for expedited screening benefits upon arrival at select international airports in Mexico. U.S. citizens are currently eligible to apply for the NEXUS and Viajero Confiable trusted traveler programs through existing partnerships. Eligible travelers will be able to apply for each program beginning in 2016.
Kenya:Visa on Arrival Program Ceased – Effective September 1, 2015, single-entry business visitors and tourists, as well as travelers transiting through Kenya, must apply for an eVisa 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. Eligible applicants can use the online system to create login details, fill out an online application form and pay a non-refundable fee. Upon successful payment and form submission, the applicant will receive an eVisa document by email. Visa nationals must present this eVisa printout upon arrival. If a traveler is approved for entry, the actual visa will be issued and endorsed on the traveler’s passport upon arrival. Consular visa nationals can use the eVisa system, but will need to apply for approval letters from the consular post or the Kenya immigration headquarters office before they may submit the eVisa application.
United Kingdom: Immigration Agency Grants All Eligible Applications for Restricted Certificates of Sponsorship for August – The August 2015 quota for Restricted Certificates of Sponsorship (RCoS) was issued on August 11, 2015, and all applications for jobs paying above £20,800 have been granted. The allocation for July to August 2015 was 1,650 plus a carry over of 394 from June to July 2015. The UK Visas and Immigration service has discretion to go over this limit by 100.
In previous months, demand for the quota exceeded supply and applications for non-EEA nationals sponsored under the Tier 2 (General) Visa category paid under £46,000 were refused unless they were PhD-level jobs or an occupation on the recognized shortage occupation list. The Tier 2 (General) Visa quota affects foreign nationals applying for a visa from outside the UK who will earn less than a guaranteed amount of £155,300 per year or those who apply from within the UK and are switching from the Tier 4 Partner category. The current annual quota is 20,700 and a fixed number of spaces are available each month. Tier 2 (General) Visa applications are processed in a priority order based on a points system; shortage occupations are awarded the most points, followed by PhD-level jobs and lastly points are awarded based on salary.
Global Immigration News Links
Austin Fragomen and Careen Shannon discuss USCIS’s latest L-1B specialized knowledge request for evidence (RFE) draft template, and highlight that the agency will apparently discount the credibility of employers’ sworn statements.
An op-ed in The Hill decries the fact that, despite this year being the 50th anniversary of the Immigration and Nationality Act of 1965, the United States is far from enacting federal immigration reform and modernizing its immigration system to meet current realities.
A look at changing U.S. immigration patterns reveals that Mexico is still the single largest place of origin of new immigrants, but from 2010 through 2013, Mexican immigration to the U.S. dropped 17.7%. However, the inflow from Asia increased, with Asia now equaling the Americas as a source of new immigrants, each accounting for 40% of the annual total.
British Immigration Minister James Brokenshire warned businesses of the negative repercussions of employing undocumented immigrants.
German Vice-Chancellor Sigmar Gabriel writes that immigration is an opportunity, not a threat.
Singapore is facing a shrinking workforce, slowing economic growth, and immigration challenges with the government reducing foreign labor quotas, Reuters reports.
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.
Austin Fragomen and Careen Shannon discuss USCIS’s latest L-1B specialized knowledge request for evidence (RFE) draft template, and highlight that the agency will apparently discount the credibility of employers’ sworn statements.
An op-ed in The Hill decries the fact that, despite this year being the 50th anniversary of the Immigration and Nationality Act of 1965, the United States is far from enacting federal immigration reform and modernizing its immigration system to meet current realities.
A look at changing U.S. immigration patterns reveals that Mexico is still the single largest place of origin of new immigrants, but from 2010 through 2013, Mexican immigration to the U.S. dropped 17.7%. However, the inflow from Asia increased, with Asia now equaling the Americas as a source of new immigrants, each accounting for 40% of the annual total.
British Immigration Minister James Brokenshire warned businesses of the negative repercussions of employing undocumented immigrants.
German Vice-Chancellor Sigmar Gabriel writes that immigration is an opportunity, not a threat.
Singapore is facing a shrinking workforce, slowing economic growth, and immigration challenges with the government reducing foreign labor quotas, Reuters reports.
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.
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