Fragomen Immigration Update: December 4 - 10, 2015
December 11, 2015
In United States immigration news this week, the House of Representatives passed a bill to enhance the security of the Visa Waiver Program and further prevent those who pose a security risk from traveling to the United States. The legislation has moved to the Senate for consideration.
According to the State Department’s January Visa Bulletin, the EB-2 India cutoff date for final action will advance by eight months, with modest advancements for most other backlogged employment-based preference categories, except for EB-2 China, which will remain at February 1, 2012. Cutoff dates for filing eligibility will not advance for China or India in the EB-2 and EB-3 categories.
In Taiwan, a new points system, effective January 1, 2016 and aimed at retaining foreign workers, executives and students, will remove restrictions and ease current work experience requirements. Work permit sponsors in Beijing will be subject to a new online preapproval system for applications filed on or after January 4, 2016.
In Canada, employers and foreign nationals seeking work permits should expect delays as the Employer Portal and Canada Border Services Agency System are experiencing technical difficulties.
Employers in Malaysia should immediately submit their 2016 Employment Pass projections to avoid delays due to holiday closures and the expected high volume of applications.
These items and other news from Australia, China, India, Indonesia, Philippines, Poland, South Africa, Turkey, United Kingdom and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, December 9, 2015
January 2016 Visa Bulletin: Further Advancement for the EB-2 India Final Action Date; Slight Advancements for Most Other Backlogged Categories
The cutoff dates for final issuance of an immigrant visa will advance by eight months for EB-2 India, to February 1, 2008, and will advance modestly for most other backlogged employment-based preference categories, except for EB-2 China, which will remain at February 1, 2012. Cutoff dates for filing eligibility will not advance for China or India in the EB-2 and EB-3 categories.
To view entire article, click here.
United States, December 9, 2015
House of Representatives Passes Bill to Tighten the Security of the Visa Waiver Program
Following the Obama Administration's call for immediate action to increase the security of the Visa Waiver Program (VWP), the House of Representatives passed a bill to enhance the security of the program and
further prevent those who pose a security risk from traveling to the United States. The bill, which is expected to pass the Senate and be signed into law with few modifications, will mandate the use of e-passports for VWP travelers and prohibit VWP travel for those who have, in the last five years, visited Iraq, Syria or other countries deemed to support international terrorism.
To view entire article, click here.
Malaysia, December 10, 2015
Employers Must Submit 2016 Employment Pass Projections
Employers should immediately submit their projections of the number of Employment Passes they wish to sponsor in 2016 as soon as possible to avoid delays due to holiday closures and the expected high volume of projection applications.
To view entire article, click here.
Canada, December 8, 2015
Employer Portal and Canada Border Services Agency System Experiencing Technical Difficulties
Citizenship and Immigration Canada has not been able to accept Offers of Employment for Labour Market Impact Assessment-exempt foreign workers since December 4 due to technical difficulties on the Employer Portal. The Canada Border Services Agency is also currently unable to process work permit applications due to technical difficulties. Employers and foreign nationals seeking work permits should be prepared for delays.
To view entire article, click here.
United Kingdom/India, December 8, 2015
Priority Visa Service Temporarily Suspended in India
Due to the floods in Chennai, India, UK Visas and Immigration has currently suspended priority visa services to applicants from South India and Sri Lanka applying at the Bengaluru, Hyderabad, Cochin, Colombo and Chennai Visa Application Centres.
To view entire article, click here.
China, December 8, 2015
Work Permit Sponsors Subject to New Online Preapproval Requirement in Beijing
A new online preapproval system for work permit applications and Expert Certificates in Beijing will require sponsors to apply for and activate a digital certificate for applications filed on or after January 4, 2016. Because the new system will likely prolong work permit processing times, sponsors should follow preapproval requirements far in advance of filing work permit applications.
To view entire article, click here.
Taiwan, December 7, 2015
Eased Requirements Forthcoming for Foreign Workers and Students
A new points system effective January 1, 2016 aimed at retaining highly-skilled foreign workers, executives and students will remove restrictions and ease work experience requirements that are currently in place. Importantly, white-collar workers will see a lower threshold to meet educational, foreign language and experience qualifications.
To view entire article, click here.
United Kingdom, December 7, 2015
Consultation Recommends Extending Health Care Costs to More Foreign Nationals
The Department of Health has proposed to exclude some European Economic Area (EEA) residents and some non-EEA visitors from receiving free healthcare for certain services under the National Health Service. Those who pay the Immigration Health Surcharge would be exempt from the requirements.
To view entire article, click here.
Philippines, December 7, 2015
Longer Work Permit and Visa Application Processing Times due to Internal Bureau of Immigration Changes
Due to recent internal changes at the Bureau of Immigration, employers and foreign workers should anticipate longer work permit and visa application processing times.
To view entire article, click here.
Other Immigration News This Week
United States: Latest PERM and PWD Processing Times – As of December 7, 2015, the Department of Labor (DOL) was conducting analyst reviews for PERM applications filed in June 2015 or earlier, and processing audited cases filed in October 2014 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in August 2015 or earlier.
As of December 8, 2015, the processing times for PERM prevailing wage determinations (PWDs) are within the 60-day target timeframe. DOL is issuing determinations for PERM, H-1B and H-2B PWDs requested in October 2015. The agency is currently processing PERM and H-1B wage redeterminations and center director reviews requested in October 2015.
PERM processing times are available on the iCERT home page.
Australia: New Permanent Residence Pathways for STEM Graduates and Entrepreneurs Forthcoming – Due to a demand for STEM graduates in Australia, the government will be introducing an Entrepreneur Visa for skilled foreign nationals with innovative ideas and financial backing as a pathway to permanent residence. Additionally, STEM graduates will see enhanced pathways to permanent residence. Further details will be provided when the programs are fully explained.
Australia/Indonesia: Indonesian Nationals Eligible for Three-Year Multiple-Entry Visa – Indonesian nationals on tourism or business visits to Australia under the subclass 600 Visitor Visa are now eligible for three-year multiple-entry visas instead of the current one-year visa. The visa allows stays of up to three months per visit. Indonesian nationals interested in applying for the new three-year visa should contact their immigration professional.
Additionally, an online visa application system is expected to be available to Indonesian nationals in January 2017.
China: Work Permit Cancellation Requirements Strictly Imposed – Authorities in Beijing are strictly enforcing the requirement for sponsors to cancel work permits within ten business days of the end of a foreign worker's employment. On or after January 4, 2016, companies that do not cancel work permits in this timeframe may face future permit application issues. Sponsors should contact their immigration professional to ensure that work permits are properly cancelled.
Poland: Intracompany Transfer Permit Renewals in Warsaw Now Require Contract – Intracompany transferees renewing their work permits in Warsaw now require a signed contract between the employer and employee confirming assignment conditions such as the duration of the assignment, a job description, job title and salary. The Labor Bureau may request a copy of the signed contract upon pickup of renewed work permit applications submitted prior to December 7, 2015, when the new requirement was announced.
South Africa: Labor Law Requires Skills Transfer Plan to be Maintained for Long-Term Work Visas – The Department of Labour requires employers to prepare a Skills Transfer Plan for every foreign employee with a work visa and to maintain it in the employee's file in case of audit. Although for immigration purposes, the Skills Transfer Plan requirement is only applicable to intracompany transferees and does not impact the immigration process under other categories, labor law requires that employers maintain Skills Transfer Plans for all foreign nationals under any long-term work visa. For further information on the Skills Transfer Plan requirement, clients should contact their local South African labor law advisor.
Turkey: Exemptions Likely to be Restricted – Turkey's visa-free and e-visa regime is likely to be restricted in the future, due to ongoing negotiations between Turkey and the European Union regarding reciprocal visa-free entry rights into EU member states. Further updates will be provided as they become available.
Global Immigration News Links
Senator Bill Nelson (D-FL) introduced legislation to reduce the H-1B nonimmigrant visa cap by nearly 25%, Computerworld reports.
The number of Cubans who have entered the U.S. has spiked dramatically since President Obama last year announced a renewal of ties with the nation, according to a Pew Research Center analysis of government data.
Japan’s cabinet minister for administrative reform Taro Kono said that the country should craft an "integrated" immigration policy to cope with its shrinking population, or risk losing out to an ageing China in competition for vital foreign workers, according to Reuters.
Turkey will begin to issue biometric passports in 2016 as part of an agreement with the European Union.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
In China, Fragomen operates exclusively as an immigration consultancy and not as a law firm.
