Fragomen Immigration Update: December 30, 2016 – January 5, 2017
January 6, 2017
In United States immigration news this week, a final regulation to allow foreign entrepreneurs to apply for temporary authorization to stay in the United States is expected to be published in the coming days, though it is not clear how the regulation will be treated in the new administration.
In Israel, U.S. investors will soon be eligible for a new B-5 investor visa.
Immigration, Refugees and Citizenship Canada (IRCC) has released Parent and Grandparent Sponsorship Program application guidelines for the new lottery system. IRCC also conducted its 47th Express Entry draw and invited 2,902 candidates to apply for permanent residence.
In the Philippines, long-term work visa holders who have been issued Alien Certificate of Registration identity cards indicating "Worker" or "Treaty Trader" status must comply with the Annual Report requirement within the first 60 days of 2017.
On January 1, Ireland increased its national statutory minimum wage and Portugal increased its minimum salary threshold.
These items and other news from Azerbaijan, Ecuador, Israel, Italy, Spain and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, December 30, 2016
Final International Entrepreneur Parole Regulation Moves Closer to Publication
The federal Office of Management and Budget is reviewing a final regulation that would allow foreign entrepreneurs who have established a business in the United States, demonstrate significant U.S. funding and show that their business has substantial potential for rapid growth and job creation to apply for authorization to stay in the United States. The final rule is expected to be published in the coming days, though it is not clear how the regulation will be treated in the new administration.
To view entire article, click here.
Israel/United States, January 5, 2017
Investor Visa For U.S. Citizens Forthcoming
American investors will soon be eligible for a new B-5 investor visa, following Israel's acceptance of the terms of the U.S. E-2 visa regulations. Israeli government officials have advised that B-5 visa regulations and procedures should be published by March 2017. The regulations are expected to have terms and conditions reciprocal to the U.S. E-2 visa. This opens the way to implementation of an E-2 visa for Israeli investors.
To view entire article, click here.
Canada, January 5, 2017
Parent and Grandparent Sponsorship Program Details Released
Immigration, Refugees and Citizenship Canada (IRCC) has released Parent and Grandparent Sponsorship Program application guidelines for the new lottery system. Citizens and permanent residents of Canada interested in sponsoring their parents or grandparents must first complete a form on the IRCC website by February 2, 2017. IRCC will then contact lottery winners to submit an application.
To view entire article, click here.
Philippines, January 5, 2017
Long-Term Visa Holders Must Comply with Annual Report Requirement by March 3
Long-term work visa holders in the Philippines who have been issued Alien Certificate of Registration identity cards indicating "Worker" or "Treaty Trader" status must comply with the Annual Report requirement within the first 60 days of 2017.
To view entire article, click here.
Canada, January 4, 2017
More Invitations Issued in Latest Express Entry Draw
Immigration, Refugees and Citizenship Canada will invite 2,902 candidates to apply for permanent residence in its most recent Express Entry draw. The minimum qualifying score for this draw is 468.
To view entire article, click here.
Ireland, January 3, 2017
National Minimum Wage Increased
The national statutory minimum wage was increased on January 1 to EUR 9.25 per hour (EUR 18,759 annually, based on a 39-hour work week). Since the revised minimum wage applies to foreign nationals with existing work authorization, employers must reassess salaries for all employees who only just met the minimum base salary threshold.
To view entire article, click here.
Portugal, January 3, 2017
Minimum Salary Threshold Increased
All foreign nationals working in Portugal must earn at least EUR 557 per month, effective January 1, 2017. The new salary threshold applies to foreign nationals currently working in Portugal and to those with pending applications.
To view entire article, click here.
Other Immigration News This Week
United States: DHS Extends and Redesignates Republic of Yemen TPS – The Department of Homeland Security (DHS) has extended the designation and is redesignating the Republic of Yemen for Temporary Protected Status (TPS) for an additional 18 months, from March 4, 2017 through September 3, 2018.
Current Yemeni TPS registrants will have from January 4, 2017 through March 6, 2017 to re-register. USCIS will issue new EADs with a September 3, 2018 expiration date to eligible Yemeni 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 March 3, 2017. Accordingly, DHS will automatically extend the validity of EADs issued under the TPS designation of Yemen for six months, through September 3, 2017. For Form I-9 employment eligibility verification purposes, through September 3, 2017, employers may accept a TPS-related EAD with a March 3, 2017 expiration date, along with a copy of the most recent Federal Register notice extending Yemen 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 January 4, 2017 through July 3, 2017. In addition to demonstrating continuous residence in the United States since January 4, 2017 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 March 4, 2017, the effective date of this redesignation of Yemen, before USCIS may grant them TPS.
Applications for TPS that were filed pursuant to Yemen’s September 2015 TPS designation and remain pending on January 4, 2017 will be treated as initial applications under this 2016 redesignation. Individuals who have a pending initial Yemen TPS application do not need to file a new Application for Temporary Protected Status (Form I–821).
Azerbaijan: Online Tourist E-Visa System to be Effective January 10 – A new electronic tourist visa issuance system, called the ASAN Visa System, will be available on or after January 10 for eligible travelers. The system will issue an electronic tourist visa within three business days, which will be valid for a stay of up to 30 days. The consular fee for the visa is USD 20. Upon successful completion of the online form, applicants will be emailed an electronic visa that they should print and present with their passport upon entry to Azerbaijan. The expiry date of the applicant’s passport or travel document should be at least three months after the expiry date of the visa. Interested applicants should submit their online application at least three business days prior to travel and should contact their immigration professional for application assistance.
Ecuador: Venezuelans Require Bank Statements for 12-XI Visa – Immigration authorities have started requesting Venezuelan nationals to provide bank statements showing a minimum available amount of USD 4,500 with each 12-XI Visa application, according to a reported change in practice that has not been published in the law. This change in practice does not affect pending applications. Affected applicants should contact their immigration professional to ensure compliance with the new requirement.
Israel: Short-Term Worker Rules Clarified – The Population and Immigration Authority has published updated regulations relating to short-term workers, effective immediately. The regulations clarify that a work permit is still required for any temporary or provisional task requiring special expertise or skill where the assignee is being paid, such as equipment repair, installation and/or maintenance activities.
Additionally, the Ministry of Interior has clarified the cooling-off period policy for foreign nationals submitting SEA (Short Employment Authorization) visa applications, as follows:
- A company can apply for a new SEA visa at the beginning of a calendar year regardless of the expiry date of the SEA visa from the previous calendar year;
- If a SEA visa began in the previous calendar year and continues into the next year, foreign nationals can apply for the remainder of the 45-day period starting January 1; and
- A company can apply for a SEA visa at the beginning of the next calendar year after a long term B-1 work visa has expired.
Fragomen worked closely with Kan-Tor & Acco Law Firm (Israel) to prepare this update.
Israel: Minimum Salary and Pension Fees Increased; B-1 Government Fees Reduced – The Israeli minimum salary has increased to 5,000 NIS from 4,825 NIS, effective January 1, 2017. Therefore, employees under a SEA (Short Employment Authorization)/STEP visa must receive a gross monthly salary of at least 5,000 NIS.
Additionally, the Israeli government increased employees' minimum mandatory payments for pensions to 6%, up from 5.75% in 2016, and employers' payments to 6.5%, up from 6.25% in 2016.
Lastly, the Ministry of Interior has reduced the government fees effective for B-1 work visa applications exceeding six months to 9,655 NIS, down from 9,675 NIS (not including submission fees to the Working Permit Unit). We worked closely with Kan-Tor & Acco Law Firm (Israel) to prepare this update.
Italy: Quota Announcement Expected Soon – The Italian government is expected to announce the 2017 foreign worker quota numbers. The quota is not expected to exceed 30,000. At least half of these spots are expected to be reserved for seasonal workers, others for foreign workers who seek to convert their temporary residence permit into a permit that would allow them to be employed in Italy full time, and the remainder for self-employed workers and other special categories, such as certain South American nationals with Italian ancestors or workers who have completed specific training in their country of residence. The quota is expected to be in line with the other quotas issued since 2011.
Spain: Work Permit Approvals Delayed – Foreign nationals awaiting work permit approvals in Spain should expect delays due to a backlog at the immigration authorities. Those with urgent travel plans should contact their immigration professional to discuss the extent of the delays.
Global Immigration News Links
Congressman Darrell Issa (R-CA) re-introduced legislation to change eligibility requirements for H-1B visa exemptions and limit the outsourcing of jobs.
Homeland Security Secretary Jeh Johnson stressed that federal authorities should not use private information of Dreamers to deport them.
Swiss voters would rather maintain close economic ties with the European Union than adopt immigration curbs that could jeopardize Switzerland's access to the EU single market.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
