Fragomen Immigration Update: January 22 - 29, 2015

In United States immigration news, a number of recent California laws may have a significant impact on employers of foreign workers in the state.

The Afghan government released further details on the December 2014 bilateral security agreement that imposes immigration and registration obligations on United States contractors and NATO-contracted workers.

Implementation guidelines for the Canadian Immigration Investor Venture Capital (IIVC) program have been published. Five hundred applications will be accepted between January 28 and February 11, 2015, out of which 60 will be randomly selected for processing.

Serbia introduced a new work permit system that creates three new work permit categories and requires most foreign nationals, including certain intracompany transferees, to obtain work and residency permits.

Israel's Short Employment Authorization (SEA) visa program has been reopened, following its suspension in December 2014, and documentary requirements have been published. SEA visa holders will receive a work permit allowing immediate travel to and work in Israel without the need to visit an Israeli consulate.

In Turkey, foreign nationals on Assembly, Maintenance and Service visas may be eligible for multiple-entries and stays of up to three months cumulatively over a year.

Foreign nationals applying for work visas in Ecuador have 72 hours from the date indicated in the filing receipt to submit their passport for visa stamping. Those who do not meet this deadline will have to resubmit their visa application and all required documents.

These items and other news from Brazil, Hong Kong, Japan, the Philippines, the Schengen Area and the United States follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, January 29, 2015

Numerous Immigration-Related Laws Take Effect in California

Newly effective California laws impose compliance responsibilities on employers that contract for labor and toughen penalties for unfair immigration-related employment practices.

To view entire article, click here.

 

United States, January 26, 2015

Fragomen and Government Office Closures Due to Severe Weather

Fragomen’s Boston, New Jersey and New York offices will be closed on Tuesday, January 27, due to a severe winter storm. The New Jersey and New York offices will close early today. Procedures are in place to ensure that immigration matters continue to be addressed. Foreign nationals with USCIS appointments this week should check the USCIS website for information on office closures and delays.

To view entire article, click here.

 

Afghanistan, January 28, 2015

Grace Period, Registration Requirements Implemented for U.S. Contractors

The Afghan government released additional guidelines on the December 2014 bilateral security agreement which allow U.S. contractors executing military or government work to obtain work authorization by June 1, 2015. New rules also require U.S. contractors to register with the immigration authorities and NATO-contracted workers to enter Afghanistan with a passport and contractor certificate.

To view entire article, click here.

 

Ecuador, January 29, 2015

New Visa-Stamping Deadline for In-Country Visa Applications

Foreign nationals have 72 hours from the date indicated in the filing receipt to submit their passport for visa stamping. Those who do not meet this deadline will have to resubmit their visa application and all required documents. Due to the rule change, foreign nationals should either remain in Ecuador once a visa application has been filed until the visa is stamped in the passport, or be in Ecuador by the estimated approval date recorded on the filing receipt.

To view entire article, click here.

 

Turkey, January 29, 2015

Technical Visa May Allow Multiple-Entry 90-day Cumulative Stays

Foreign nationals with Assembly, Maintenance and Service (AMS) visas may be eligible for multiple-entries and stays up to three months cumulatively over a year. Previously, most consulates issued single-entry AMS visas for stays up to 90 consecutive days. Until all immigration officials receive clear guidelines on this change, some officials may not grant cumulative stays.

To view entire article, click here.

 

Serbia, January 29, 2015

Intracompany Transferees, Other Foreign Workers Subject to New Work Permit Categories

Serbia has introduced a new work permit system that creates three new work permit categories and requires most foreign nationals, including certain intracompany transferees, to obtain work and residency permits. The former law only required work permits for foreign nationals under Serbian employment contracts. Foreign nationals who reside in Serbia for less than 90 days within a six-month period and who meet other qualifications may be exempt from obtaining a work permit.

To view entire article, click here.

 

Hong Kong, Updated January 29, 2015

Longer Stays and Relaxed Criteria for Foreign Nationals in Hong Kong

Hong Kong has announced plans to increase the allowable duration of stay for General Employment Policy (GEP), Admission Scheme for Mainland Talents and Professionals (ASMTP) and Quality Migrant Admission Scheme (QMAS) visa holders, including a six-year extension for some in the top tier. Additional measures are expected to be implemented during the second quarter of 2015 to facilitate the stays of foreign nationals with international educational and professional experience.

To view entire article, click here.

 

Canada, January 28, 2015

Application Guidelines Announced for Immigration Investor Venture Capital Program

Implementation guidelines for the Immigration Investor Venture Capital (IIVC) program have been published. Five hundred applications will be accepted for the program between January 28 and February 11, 2015, out of which 60 will be randomly selected for processing. Eligible candidates must demonstrate either a net worth of CAD $10 million or CAD $50 million, depending on their educational qualifications, must agree to invest CAD $2 million to the Business Development Bank of Canada and intend to reside in a province other than Quebec.

To view entire article, click here.

 

Israel, January 26, 2015

Short Employment Authorization Visa Program Reopened; Documentary Requirements Revised

The Short Employment Authorization (SEA) visa program has been reopened, following its suspension in December 2014. Documentary requirements have been published and will remain valid until June 30, 2015. SEA visa holders will receive a work permit that will allow immediate travel to and work in Israel without the need to visit an Israeli consulate.

To view entire article, click here.

 

Brazil, January 23, 2015

Documentary Requirements to Prove Experience Eased for Some Work Visa Applicants

Applicants for Work Contract Visas and 1-Year Technical Visas transferred from a parent or subsidiary company of the sponsoring company will see faster document preparation times, as they now have the option to submit documents other than legalized letters from their current and previous employer in support of their applications. Applicants can submit any documents that are sufficient to prove experience according to Brazilian law, or a letter attesting to the foreign national’s experience at the parent or subsidiary company abroad signed by a Brazilian company representative.

To view entire article, click here.

 

Other Immigration News This Week

Japan: New Law Reorganizes Residence Statuses – Effective April 1, 2015, a new law will reorganize residence statuses, which should streamline foreign nationals’ stays in Japan.

Key changes include the establishment of a new residence status for foreign nationals with advanced and specialized skills who were previously granted the Designated Activities residence status. Such foreign nationals will be eligible to apply for permanent residence after five years instead of the usual ten years, and their spouses will be able to work in Japan on a "Spouse" residence status without having to apply for a work residence status, among other benefits.

The law also changes the Investor/Business Manager residence status to Business Manager. This eliminates the need for foreign nationals to be connected to foreign investment to manage and operate Japanese-owned companies. The Engineer and Specialist in Humanities/International Services residence statuses will be consolidated into one category. This should make it easier for foreign nationals to change job duties without changing status, although the authorities have not officially confirmed such an effect. Additional details of the reorganization will be available closer to the implementation date.

Philippines: 47(a)(2) Visa Holders Subject to Immigration Fees Upon Departure – Effective immediately, certain holders of 47(a)(2) visas are subject to immigration fees upon departure from the Philippines every time they leave the country. The exit fees are P2,880 (P2,130 for children under 14) for the first departure and P2,170 (P1,670 for children under 14) for all subsequent departures. These payments must be made in cash at the departure point, and a receipt will be issued upon payment. Those who work for a company categorized by the Department of Justice as exempt and who have 'EXEMPT' marked on the visa endorsement page remain exempt from all immigration fees. Implementation of the new rule may vary by departure point.

Schengen Area: Upgrades to Electronic Security System – The European Commission adopted new measures and technical upgrades of the Schengen Information System (SIS) which will allow law enforcement authorities, state security services and border guards to obtain faster and more accurate information on terrorist suspects within the Schengen area. The SIS reinforces the efforts of Schengen Member States to invalidate personal identification documents of foreign nationals who may join terrorist groups outside the European Union. The SIS also facilitates border control processes such as travel document-checking, document-seizing, and possible detentions.

 

Global Immigration News Links

House Speaker John Boehner confirmed House Republicans are filing a lawsuit to override President Obama’s executive orders on immigration, CNN reports.

Senator Jeff Sessions (R-AL) has been named chairman of the Senate Subcommittee on Immigration, a position he has stated he will use to combat the executive orders on immigration.

Attorney General nominee Loretta Lynch defended the legality of President Obama’s executive orders on immigration, according to the New York Times.

In a letter obtained by The Washington Post, three former Secretaries of Homeland Security – two Republicans and one Democrat – warn Congress not to risk funding for the department, which expires on February 27, in the fight over immigration reform.

Congressman Randy Weber (R-TX) re-introduced a bill that would hold Central American nations responsible for undocumented immigrants in the United States.

Recent polls in the UK indicate that unlike past elections where the economy has been the key battleground issue, this upcoming election is likely to focus on immigration.

The Telegraph discusses what changes to immigration policy could be expected if the Greens win elections in the UK in May.

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