Fragomen Immigration Update: December 24 - 30, 2015

In United States immigration news this week, the Department of Homeland Security released a highly anticipated regulation which proposes to clarify policies pertaining to implementing sections of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) related to foreign workers sponsored for employment-based lawful permanent residency; improve job portability for certain beneficiaries of approved employment-based immigrant visa petitions; and provide stability to certain employment-authorized individuals and their U.S. employers, among others. The agency is accepting public comments through February 29, 2016.

Starting January 1 in Germany, certain non-cash benefits and allowances provided by employers will likely no longer be included in the minimum salary calculation for foreign workers, according to a published decision by the German Federal Employment Agency.  

Effective January 1 in the Netherlands, legalization by the Dutch Ministry of Foreign Affairs will no longer be required in order for Dutch authorities to accept supporting immigration application documents issued in certain countries. In Belgium, a proposed rule would extend the processing time for family reunification applications. In the Czech Republic, employee card renewal applications are now required to be filed at least 30 days prior to expiration.

The Dominican Republic has streamlined the short-term work visa application process by clarifying the application process and shortening processing times.

These items and other news from Belgium follow in this edition of the Fragomen Immigration Update.

 

 

Important Updates in Immigration This Week

United States, December 30, 2015

USCIS Proposes Rules Changes for Employer-Sponsored Foreign Nationals

With some limitations, the proposed regulation would provide greater job mobility to foreign nationals in the employment-based permanent residence process, offer grace periods to nonimmigrants whose employment has been terminated early, and provide automatic work authorization extensions to adjustment applicants and certain other classes of foreign nationals who have timely filed an application for the renewal of an employment authorization document.

To view entire article, click here.

 

Belgium, December 30, 2015

Proposed Law Would Extend Processing Time for Family Reunification Applications

The Belgian Council of Ministers approved a draft bill that would extend the processing time of family reunification applications filed by a family member of a third-country national from six to nine months, with the possibility of two additional extensions at the immigration authorities' discretion for three months each.

To view entire article, click here.

 

Germany, December 30, 2015

Eligible Expenses to Meet Minimum Salary to be Limited

A Federal Employment Agency decision will likely result in the exclusion of non-cash benefits such as housing, cars and meals provided by the employer and travel expenses, among other allowances, from the minimum salary calculation for foreign workers on or after January 1, 2016.

To view entire article, click here.

 

Netherlands, December 30, 2015

Dutch Legalization Rules Relaxed

On or after January 1, 2016, legalization by the Dutch Ministry of Foreign Affairs will no longer be required in order for Dutch authorities to accept supporting immigration application documents issued in certain countries.

To view entire article, click here.

 

Dominican Republic, December 28, 2015

Short-Term Work Visa Application Process Streamlined

Short-term workers under the NM1 (Business Visa for Employment Purposes) visa should benefit from shorter processing times and a clarified application process. The restructuring of the visa program divides applicants into one of four new categories and implements relaxed documentary requirements.

To view entire article, click here.

 

Czech Republic, December 28, 2015

New Deadline for Employment Card Renewal Applications Among Recent Regulatory Amendments

Employee Card renewal applications are now required to be filed at least 30 days before the expiration date of one's current card, under regulatory amendments that took effect December 18. There were also rule changes for dependents of EU nationals, eligibility for permanent residence, and visa validity periods.

To view entire article, click here.

 

Other Immigration News This Week

Belgium: Social Security Exemption Requires New Document – On or after January 1, 2016, employees seconded to Belgium by employers based in Albania, Argentina and Moldova will be required to obtain a Certificate of Coverage issued by the relevant social security authority based in their home country to continue being exempted from Belgian social security, based on recent treaties reached between these countries. Work permit holders seeking renewals should be ready to present a Certificate of Coverage to regional employment authorities when renewing their permit.

 

Global Immigration News Links

The Atlantic’s CityLab blog discusses the need to reform the legal immigration pipeline for skilled workers, an often overlooked issue in America’s immigration debate.

As part of its resettlement program, Canada plans to double its intake of refugees to 50,000 by the end of next year.

High overall immigration figures in New Zealand may be masking the effects of the government’s new policy of incentives for regional migration.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.

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