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Fragomen Immigration Update: February 5 - 11, 2016

February 12, 2016

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In United States immigration news this week, the cutoff dates for final issuance of an immigrant visa will advance by five months for EB-2 China and six weeks for EB-2 India, according to the State Department’s March Visa Bulletin. EB-3 cutoff dates will advance for China, India and most other countries.  EB-5 China will advance by only one week.  Cutoff dates for filing eligibility will advance significantly for EB-2 and EB-3 China, and will be current for many other countries. However, U.S. Citizenship and Immigration Services will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action.  

Visa-exempt nationals who plan to enter or re-enter Canada by air on or after March 15, 2016 must apply for an Electronic Travel Authorization prior to boarding a flight to Canada.

In Ireland, a new immigration stamp is available for foreign graduates who are authorized to work under the Third Level Graduate Scheme. Also, amendments to the Highly-Skilled Eligible Occupations and Ineligible Categories of Employment Lists will allow more foreign workers to qualify for employment permits.

Brazil is expected to begin accepting documents legalized with apostille on or about August 14, 2016. Consular legalization will no longer be required after this change is fully implemented.

Tanzania has reintroduced the business visa-on-arrival, which allows business visitors to obtain a non-extendable 90-day visa at the airport. 

These items and other news from Colombia, Italy and the United States follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, February 11, 2016

March Visa Bulletin Update: USCIS to Honor Employment-Based Final Action Dates Only Next Month 

In March, USCIS will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department's March Visa Bulletin.  

To view entire article, click here. 

 

United States, February 8, 2016

March 2016 Visa Bulletin: EB-2 India and China Final Action Dates Will Advance Again Next Month

The cutoff dates for final issuance of an immigrant visa will advance by five months for EB-2 China and six weeks for EB-2 India.  EB-3 cutoff dates will advance by eight months for China, one month for India, and three months for most other countries.  EB-5 China will advance by only one week.  Cutoff dates for filing eligibility will advance significantly for EB-2 and EB-3 China, and will be current for many other countries.

To view entire article, click here.

 

Canada, February 10, 2016

Latest Express Entry Selection Shows Ongoing Flexibility

Immigration, Refugees and Citizenship Canada (IRCC) will invite 1,505 candidates to apply for permanent residence in its most recent Express Entry draw, which ends tomorrow. The selection process continues to indicate flexibility since IRCC is selecting candidates who do not have a valid Labour Market Impact Assessment or Provincial Nomination approval at the time their profile is selected.

To view entire article, click here.

 

Brazil, February 10, 2016

Document Legalization Requirements to be Simplified

On or about August 14, 2016, authorities in Brazil will accept documents legalized with apostille, which involves a streamlined legalization process available in certain countries. Consular legalization will no longer be required once the announcement is fully implemented.

To view entire article, click here.

 

Ireland, February 10, 2016

Foreign Graduates Eligible for New Distinguishing Stamp

A new immigration stamp is available for foreign graduates who are authorized to work under the Third Level Graduate Scheme.

To view entire article, click here.

 

Ireland, February 9, 2016

Occupation Lists Opened to More Foreign Workers

The Department of Jobs, Enterprise and Innovation has added occupations to the Highly-Skilled Eligible Occupations List and has removed occupations from the Ineligible Categories of Employment List, qualifying more foreign workers for the various employment permits that Ireland offers.

To view entire article, click here.

 

Canada, February 9, 2016

Reminder - Visa-Exempt Nationals Traveling to Canada to Require Electronic Travel Authorization

Visa-exempt nationals who plan to enter or re-enter Canada by air on or after March 15, 2016 must apply for an Electronic Travel Authorization prior to boarding a flight to Canada.

To view entire article, click here.

 

Tanzania, February 8, 2016

Business Visa on Arrival Reintroduced

The business visa on arrival has been reintroduced and allows business visitors to obtain a non-extendable 90-day business visa at the airport. 

To view entire article, click here.

 

Other Immigration News This Week

United States: USCIS Updates H-2B Cap Count – USCIS reports that as of February 9, 2016, it had received filings on behalf of 31,948 H-2B beneficiaries for the first half of FY 2016. Of these, 19,655 had been approved and 12,293 remained pending. The cap for each half-year is 33,000, but USCIS accepts filings in excess of the cap because some cases will be denied or withdrawn and because employers may ultimately employ fewer H-2B beneficiaries than reflected in their petitions.

Colombia: New On-Arrival Entry Permit Category Introduced – Nationals of the following European Economic Area countries can obtain a new single-entry permit upon arrival called PIP-10: Austria, Belgium, Bulgaria, Cyprus, Croatia,  Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland. PIP-10 allows tourism and business activities and in practice, merges the PIP-5 (single-entry for tourism) and PIP-6 (single-entry for business activities) permits for EEA citizens. It is valid for an initial period of 90 days per calendar year and is extendable for an additional 90-day period.

According to information provided by the immigration authorities, if the PIP-10 is used for business purposes, the Colombian inviting company will still need to report the foreign national's entry and exit dates through the Sistema de Informacian para el reporte de Extranjeros (SIRE) online system.

Italy: New Quota Numbers Announced – Quotas for foreign workers employed in subordinate work, autonomous work and other categories of employment have been amended. A total of 2,400 quota spots are available for the following notable categories of foreign workers, in summary: entrepreneurs intending to carry out investment plans for the Italian economy; freelance workers in skilled regulated and unregulated professions; officers and owners of non-cooperative companies; internationally-known artists or those with high professional qualifications employed by public or private organizations; and those seeking to set up innovative startups. Online quota applications can be submitted on the Ministry of Interior website. Employers can apply for quota spots for seasonal workers starting February 17. Affected employers and foreign workers should contact their immigration professional to discuss the full eligibility requirements for the available quota spots.

 

Global Immigration News Links

BloombergBusiness explores how tech startup founders are dealing with the limitations of U.S. immigration rules. While 13 percent of the U.S. population is foreign-born, 24 percent of tech and engineering companies created between 2006 and 2012 had an immigrant founder. In Silicon Valley, that figure was 44 percent, according to the Kauffman Foundation.

The Pew Research Center notes Mexico’s increased immigration enforcement along its southern border, among other trends in Mexican immigration to the United States.

Since a new law in California allowing for undocumented immigrants to apply for driver’s licenses went into effect in January 2015, 605,000 undocumented residents received licenses, accounting for 40 percent of all of the licenses issued in California last year.

 

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

 

© 2016 Fragomen

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