Fragomen Immigration Update: January 22 - 28, 2016
January 29, 2016
In United States immigration news this week, a federal district judge granted the Department of Homeland Security an additional three months to finalize a new regulation for the STEM optional practical training (OPT) program, and will extend through May 10 the stay of an earlier decision to vacate the current program on procedural grounds.
Also in the United States, just over two months remain before the opening of the FY 2017 H-1B cap filing season. Employers should be working with their immigration counsel to gather necessary documents and submit required labor condition applications so that they are ready for the FY 2017 H-1B cap opening on April 1, 2016.
In Canada, the governments of Alberta and British Colombia have reopened the nomination streams and categories under their respective Immigrant Nominee Programs. Specific quotas for 2016 under both programs are still being negotiated with the federal government. Immigration, Refugees and Citizenship Canada’s selection process for the Express Entry draw continues to indicate flexibility.
Travelers to East and Southeast Asia during the Lunar New Year holiday season can expect delays and interruptions in government office and business operations.
These items and other news from Chile ,Colombia, Turkey and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, January 26, 2016
H-1B Cap Reminder: To Ensure Timely Filing, Gather Documents and Submit LCAs Now
The FY 2017 H-1B cap is expected to be reached very quickly, due to anticipated heavy competition for quota numbers. Employers should work with their immigration counsel now to plan their cap filings, submit labor condition applications and collect supporting documents.
To view entire article, click here.
United States, January 25, 2016
Federal Court Grants Extension of STEM OPT Program Through May 10
The existing STEM OPT regulation will remain in place while the Department of Homeland Security finalizes a new rule. In the meantime, F-1 students with a valid STEM OPT employment authorization document can continue to work and U.S. Citizenship and Immigration Services can continue to process new applications for STEM OPT.
To view entire article, click here.
Canada, January 28, 2016
Provincial Nomination Intake Reopened for Alberta and British Columbia
The provincial governments of Alberta and British Columbia have reopened the nomination streams and categories under the Alberta Immigrant Nominee and British Columbia Nominee Programs, respectively. Specific quotas for 2016 under both programs are still being negotiated with the federal government.
To view entire article, click here.
Canada, January 28, 2016
Latest Express Entry Selection Shows Ongoing Flexibility
Immigration, Refugees and Citizenship Canada (IRCC) will invite 1,468 candidates to apply for permanent residence in its most recent Express Entry draw, which ends today. The selection process continues to indicate flexibility since IRCC is selecting certain candidates who did not have a valid Labour Market Impact Assessment or Provincial Nomination approval at the time their profile was selected.
To view entire article, click here.
Worldwide, January 24, 2016
Lunar New Year to Cause Government Closures; Travel Delays
Travelers to East and Southeast Asia during the Lunar New Year holiday season can expect delays and interruptions in government office and business operations. Travelers to the area should make advance arrangements and visa and permit applicants should submit applications as early as possible.
To view entire article, click here.
Other Immigration News This Week
United States: DHS Extends Sudan and South Sudan TPS and Redesignates South Sudan TPS – The Department of Homeland Security (DHS) has extended the designation of Sudan and is extending and redesignating South Sudan for Temporary Protected Status (TPS) for an additional 18 months, from May 3, 2016 through November 2, 2017.
Current Sudan and South Sudan TPS registrants will have from January 25, 2016 to March 25, 2016 to re-register. Re-registration is limited to persons who have previously registered for TPS under the designation of Sudan and South Sudan and whose applications have been granted. USCIS will issue new EADs with a November 2, 2017 expiration date to eligible Sudan and South Sudan 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 May 2, 2016. Accordingly, DHS will automatically extend the validity of EADs issued under the TPS designation of Sudan and South Sudan for six months, through November 2, 2016. For Form I-9 employment eligibility verification purposes, through November 2, 2016, employers may accept a TPS-related EAD with a May 2, 2016 expiration date, along with a copy of the January 25, 2016 Federal Register notice extending Sudan and South Sudan TPS.
Under the South Sudan 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 25, 2016 through July 25, 2016. In addition to demonstrating continuous residence in the United States since January 25, 2016 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 May 3, 2016, the effective date of this redesignation of South Sudan, before USCIS may grant them TPS.
Chile: Citizenship Requirements Eased – Permanent residents over the age of 18 and their children who are over the age of 14 are now eligible for Chilean citizenship if they have resided in Chile for a cumulative total of five years, regardless of how long they have held permanent residence status. The prior law had a minimum age of 21 and required five consecutive years' residence with no absences from Chile over 180 consecutive days. The new law also allows children under the age of 18 with refugee parents who have applied for citizenship to automatically obtain citizenship, and children 18 or older to apply for citizenship if their refugee parents have applied for citizenship.
Colombia: Employers Must File Commercial Registration Renewals Soon – Colombian employers must renew their Commercial Registration before March 31, 2016 with the Colombian Chamber of Commerce. Those who fail to do so cannot continue to employ or hire foreign nationals. Since the registration is a corporate law obligation, employers should contact their Colombian corporate law specialist or coordinate with their human resources department to plan the renewal process.
Turkey: London Embassy Temporarily Opts Out of Online Appointment Scheduler – Foreign nationals filing Turkish work visa applications at the Turkish Embassy in London are now required to email the Embassy directly to schedule a visa application appointment, rather than using the recently implemented online application system. Note that the online system is still in use for London appointments for Assembly and Maintenance Service visas and other visa applications. Applicants emailing the Embassy must include their contact details, Turkish employer’s name and address, assignment start and end dates and job title. The Embassy will then set an appointment date. Applicants attending a visa appointment should bring the visa application form that they completed in the online system, a job offer letter and employment agreement, a copy of their passport and one passport photo.
Lastly, the Embassy has clarified that currently, applicants do not need to bring proof of medical insurance or a police clearance certificate to their appointment, despite both being listed as required in the online application system.
Global Immigration News Links
A CNN op-ed stresses the moral urgency of immigration reform.
According to a recent Reuters/Ipsos poll, about 61 percent of Americans support the plan to relax immigration policy for some undocumented individuals when described in general terms without using President Obama's name, including 42 percent of Republicans. But when the same plan was described as being an executive action taken by President Obama, support fell to 54 percent overall, with only 31 percent of Republicans supporting it and 62 percent opposing the measures, Reuters reports.
Danish lawmakers voted in favor of a controversial measure to seize cash and valuables from asylees to help cover their expenses in the country, CNN reports.
Landlords in the UK will have to start checking the legal status of new tenants starting February 1 or face fines as "right to rent" legislation goes into effect, the Telegraph 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.
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