Fragomen Immigration Update: December 11 - 17, 2015
December 18, 2015
In United States immigration news this week, negotiators in the U.S. House of Representatives reached agreement on a FY 2016 budget bill that would impose tougher security requirements for Visa Waiver Program travelers and increased fees imposed on high-volume H-1B and L-1 employers. The EB-5 Regional Center, E-Verify and other expiring programs would be reauthorized for one year with no substantive changes. The House and Senate are expected to pass the bill soon and the President is expected to sign it into law.
Government immigration offices worldwide will close or have reduced staff and hours of operation during the holidays, meaning possible delays in the issuance of visas and work permits.
In Australia, a new criminal and civil penalty regime was introduced earlier than expected and makes it illegal for a sponsor to be paid by visa applicants for certain immigration events.
In the Netherlands, non-European Economic Area nationals applying for work and/or residence authorization will be subject to higher minimum salary levels and government filing fees starting January 1, 2016. Startup visa applicants will also see eased rules concerning the requirement to apply for a Self-Employed Residence Permit after one year.
According to a new decree in France, companies violating employee rights or employer obligations regarding foreign workers can now face temporary suspension of their international services agreement and an administrative fine.
A new regulation in Israel imposes stricter documentary and salary payment requirements for foreign experts, and process and entry changes for work visa applicants.
These items and other news from the European Union, South Africa, Taiwan, United Arab Emirates and the United Kingdom follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, December 16, 2015
Immigration Impact of the FY 2016 Budget Bill
The new federal budget bill includes tougher security requirements for Visa Waiver Program travelers and increased fees imposed on high-volume H-1B and L-1 employers. The EB-5 Regional Center, E-Verify and other expiring programs would be reauthorized for one year with no substantive changes. The House and Senate are expected to vote on the bill in the coming days and it is expected to be signed into law.
To view entire article, click here.
Netherlands, December 17, 2015
Long-Term Stay Qualifications Eased for Startup Visa Program Applicants
On or after January 1, 2016, Startup Visa applicants will see eased rules concerning the requirement to qualify for a Self-Employed Residence Permit under the existing points-based system if the business facilitator submits a recommendation to the Dutch authorities.
To view entire article, click here.
United Kingdom, December 17, 2015
Registered Travel Scheme Expanded; Lane Closures Announced
The Registered Traveller scheme has been expanded to more UK airports and international train stations. Additionally, 25 additional ePassport gates are being installed at Heathrow Airport terminals 3 and 4, and starting January 4, 2016, the Registered Traveller lanes will be closed at Gatwick Airport.
To view entire article, click here.
Taiwan, December 17, 2015
Mandatory Online Work Permit Application System to Open January 2016
Employers applying for work permits must set up an account online and use a mandatory online work permit application system starting January 2016. Hard copies will still be accepted during a transitional period.
To view entire article, click here.
Worldwide, December 17, 2015
Immigration Processing During the Holiday Season
During the holiday season, many government offices worldwide will close or have reduced staff and hours of operation, likely resulting in processing delays for work permits, residence permits and visas over the coming weeks and into the new year.
To view entire article, click here.
European Union, December 16, 2015
New External Border Management Measures Proposed
The European Commission has proposed draft regulations to manage the European Union's external borders and to protect the Schengen area, including the establishment of a European Border and Coast Guard and systematic checks against relevant databases for all travelers entering or exiting the Schengen area. Additionally, a new office and related policy document would be established to efficiently deport illegal third-country nationals.
To view entire, article, click here.
France, December 15, 2015
Labor Law Violations Can Now Result in International Agreement Suspension
According to a new decree, companies violating employee rights or employer obligations regarding foreign workers can now face temporary suspension of their international services agreement or an administrative fine.
To view entire article, click here.
Australia, December 15, 2015
New Penalty System for Visa Payments Now In Effect
The criminal and civil penalty regime that was anticipated to come into effect by May 30, 2016 has been introduced early, and makes it illegal for a sponsor to be paid by visa applicants for certain immigration events on or after December 14, 2015. The laws have also led to changes in nomination and visa criteria to facilitate the practical effect of the new system.
To view entire article, click here.
Netherlands, December 15, 2015
Minimum Salary and Government Filing Fees to Increase
Starting January 1, 2016, the minimum gross monthly salary for Knowledge Migrant applications will increase to EUR 4,240 for those over age 30, to EUR 3,108 for those under age 30, and to EUR 2,228 for foreign graduates of a Dutch institution of higher education or foreign graduates taking advantage of the one-year job search period. The minimum gross monthly salary for EU Blue Card applications will increase to EUR 4,968. The minimum gross monthly salary for intracompany transferee work permit applications will increase to EUR 4,579.20 and to EUR 3,356.64 for short-term Knowledge Migrant applications under age 30. The Dutch Immigration Authorities' government filing fees will also increase.
To view entire article, click here.
Israel, December 14, 2015
Stricter Regulations Imposed for Foreign Workers and Experts
A new regulation imposes stricter documentary and salary payment requirements for foreign experts, and process and entry changes for work visa applicants. Importantly, the regulation implements different rules for experts that require academic qualifications and those that do not, and sets tighter deadlines for work permit extension applications.
To view entire article, click here.
Other Immigration News This Week
South Africa: Visa Processing Centers Partially Closed December 21 - January 3 – As a reminder, Department of Home Affairs VFS processing centers will be partially closed from December 21, 2015 until January 3, 2016. During this period, foreign nationals will not be able to schedule visa appointments online, however the centers will be open for the collection of approved visas. During the closure period, foreign nationals should call their VFS center to check on available services and should expect a shortage of available visa appointment dates before and after the closure period.
United Arab Emirates: GCC Residents Once Again-Eligible for Visas-on-Arrival on Case-by-Case Basis– The UAE Immigration Authorities are temporarily issuing visitor visas on-arrival for eligible residents of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia (GCC countries) on a case-by-case basis, as a result of delays and backlogs with the e-visa system. GCC residents have been ineligible for visitor visas-on-arrival since October 2015, unless they otherwise qualify for a visa on-arrival based on their nationality. In order to avoid uncertain outcomes, eligible GCC residents planning to enter the UAE should continue to apply for e-visas well in advance of their travel date.
Global Immigration News Links
In response to criticism that the U.S. authorities are not doing enough to eliminate potential security threats, Homeland Security Secretary Jeh Johnson said that his department has been consulting social media in reviews of immigration applications since early this year.
Three years after SB 1070 – the law in Arizona requiring law enforcement officers to report to immigration authorities if they suspect someone they stop is in the country without proper paperwork – it remains unclear whether the law is working.
The Wall Street Journal looks at the potential impact of recently-introduced H-1B-related bills and a new law that allows the IRS to use the revocation or denial of a U.S. passport as a means to collect delinquent taxes from individuals in certain circumstances.
Norway’s Prime Minister Erna Solberg will create a new ministerial post for immigration as she faces greater pressure to tighten controls on asylum seekers, Reuters reports.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
© 2015 Fragomen
