Fragomen Immigration Update: July 22-28, 2016
July 29, 2016
In United States immigration news this week, the USCIS Ombudsman’s 2016 Annual Report confirms USCIS’s continued close scrutiny of high-skilled visa classifications and adjudication discrepancies between Service Centers. In FY 2015, RFEs were issued in 55 percent of L-1A petitions at the California Service Center (CSC) and 29 percent at the Vermont Service Center (VSC); 44 percent of L-1B petitions at CSC and 33 percent at the VSC; and 23 percent of H-1B petitions.
Multiple Employment Pass categories in Malaysia will be subject to forthcoming changes affecting pass approval, medical exam and salary calculation. In Singapore, the minimum salary for Employment Pass applicants will increase to SGD 3,600 (approximately USD 2,648.62) on or after January 1, 2017.
Immigration, Refugees and Citizenship Canada conducted its 39th Express Entry draw; the number of invitations for permanent residency remained low.
In the Netherlands, effective January 1, 2017, the recognized sponsor fee for certain small businesses and start ups will decrease, and the government filing fee for knowledge migrant applications will increase.
These items and other news from Finland, Nigeria and Sweden follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, July 28, 2016
USCIS Ombudsman Report Highlights Sustained RFE Rates in Employment-Based Filings and Lengthy Delays in Employment Authorization Processing
The USCIS Ombudsman’s 2016 Annual Report confirms USCIS’s continued close scrutiny of high-skilled visa classifications and adjudication discrepancies between Service Centers. In FY 2015, RFEs were issued in 55 percent of L-1A petitions at the California Service Center (CSC) and 29 percent at the Vermont Service Center (VSC); 44 percent of L-1B petitions at CSC and 33 percent at the VSC; and 23 percent of H-1B petitions.
To view entire article, click here.
Singapore, July 28, 2016
Employment Pass Minimum Salary to Increase in January
On or after January 1, 2017, the minimum salary for Employment Pass applicants will increase from SGD 3,300 (approximately USD 2,427.90) to SGD 3,600 (approximately USD 2,648.62).
To view entire article, click here.
Canada, July 27, 2016
Latest Express Entry Draw Remains Low
Immigration, Refugees and Citizenship Canada will invite 755 candidates to apply for permanent residence in its most recent Express Entry draw. The number of invitations remains low, as in the past few recent draws.
To view entire article, click here.
Netherlands, July 26, 2016
Recognized Sponsor Fee to Decrease for Small Businesses; Government Filing Fee to Increase
On or after January 1, 2017, the one-time fee for recognized sponsorship will decrease to EUR 2,592 for small businesses and start ups with fewer than 50 employees. Also, the government filing fee for knowledge migrant applications will increase from EUR 881 to EUR 910 for all recognized sponsors.
To view entire article, click here.
Malaysia, July 26, 2016
Pass Approval, Medical Exam and Salary Calculation Changes Forthcoming in Multiple Employment Pass Categories
The Expatriate Services Division of the Immigration Department has announced that on or after August 1, 2016, some Employment Pass (EP) (Category III) applicants in the construction, manufacturing or mining sector will have to undergo a medical examination upon entry. Additionally, foreign nationals will be required to produce an EP or Professional Visit Pass (PVP) approval letter upon entry. Lastly, employers will no longer be able to include allowances when calculating the monthly base salary for EP (Category I, II and III) applications.
To view entire article, click here.
Other Immigration News This Week
Finland: Wage Audit Reveals Need to Simplify Salary Structures - A recent government audit that has resulted in a warning to a Finnish multinational employer has revealed that the salaries of foreign experts who remain on home payroll are, in some cases, much lower as compared to those of Finnish employees who are subject to a minimum salary standard of EUR 3,000 per month. Although allowances and per diem payments can still be included in minimum salary calculations, employers should consider restructuring complicated salary arrangements for foreign workers on home country payroll to minimize the risk of questioning in case of an audit (e.g. by implementing a salary based on one figure instead of multiple considerations in the calculation). Employers should contact their immigration professional for more guidance.
Nigeria: Temporary Work Permit Processing Delays – The Nigerian Immigration Services is experiencing delays in issuing Pre-Approval Cablegrams for temporary work permits due to a backlog of applications. Employers should plan for an increased processing time of four to six weeks, up from the usual one to two weeks.
Sweden: Short-Term Work Permit Applications No Longer Submitted Online – Work permit applicants with assignments under 90 days who are not filing a residence permit application with their work permit can no longer use the online system to file their applications. Instead, they must submit their permit application to a Swedish consular post, which can take up to nine months to process the application. Employers should therefore adjust their assignment durations and file a residence permit application simultaneously with their work permit application so they can use the online filing process and avoid the lengthy short-term permit processing time.
Global Immigration News Links
The Obama Administration announced the expansion of a program to admit Central American refugees to the United States, the New York Times reports.
The new British government is preparing to crack down on immigration amid concerns that universities have become an easy route into Britain for migrants who want work, 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.
