Fragomen Immigration Update - June 17 - 24, 2016
June 24, 2016
In United States immigration news this week, a deadlocked Supreme Court halted President Obama’s efforts to defer deportation and extend employment benefits to an expanded pool of undocumented childhood arrivals and parents of citizens and green card holders. The decision will not impact foreign nationals who qualify for relief under the President’s original Deferred Action for Childhood Arrivals program.
As a result of the Brexit vote favoring the United Kingdom’s departure from the European Union, free movement to the United Kingdom from the European Union and vice versa will likely end, although the separation and a related Withdrawal Agreement will likely take at least two years.
India extended the deadline for Person of Indian Origin (PIO) card holders to apply for the Overseas Citizen of India (OCI) card.
In Brazil, a seminar with immigration officials has clarified several new rules outlined in a decree published in May.
Slovakia implemented stricter notification and record-keeping rules for EU employers who send intracompany transferees to Slovakia.
These items and other news from Argentina, Canada, Norway, Panama and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, June 23, 2016
Obama’s Expanded DACA and DAPA Programs Remain Blocked After Split Supreme Court Decision
A deadlocked Supreme Court has halted President Obama’s efforts to defer deportation and extend employment benefits to an expanded pool of undocumented childhood arrivals and parents of citizens and green card holders. Though the case will return to a lower court for further consideration, it is not likely to succeed and may end up before the Supreme Court again. Today’s decision will not impact foreign nationals who qualify for relief under the President’s original Deferred Action for Childhood Arrivals program.
To view entire article, click here.
United Kingdom, June 24, 2016
Brexit Vote Likely to Result in Overhauled Immigration System
As a result of the public vote for the United Kingdom to leave the European Union, free movement to the United Kingdom from the European Union and vice versa will likely eventually end, and the current Points Based System is likely be replaced with an Australian-style Points Based System. Details on Fragomen London's EU Referendum webinar, which will discuss the immigration, tax and employment law implications of this vote, will be provided to clients.
To view entire article, click here.
Brazil, June 23, 2016
Dependents’ Work Rights, Change of Status Eligibility and Other Relaxed Rules Clarified
A seminar with immigration officials has clarified several new rules from a May decree related to dependents' automatic work authorization, the elimination of the proof of residency requirement for business and work visa applicants and the status change rule for temporary residents and tourists. The May decree also creates a new visa category for foreign nationals involved in research, development and innovation.
To view entire article, click here.
India, June 23, 2016
Deadline for OCI in Lieu of PIO Card Applications Extended Until December 31, 2016
The deadline for Person of Indian Origin card holders to apply for the Overseas Citizen of India card in lieu of Person of Indian Origin card has been extended until December 31, 2016.
To view entire article, click here.
Slovakia, June 21, 2016
Stricter Notification and Record-Keeping Rules Implemented for Employers
EU employers who send intracompany transferees to Slovakia must now notify the National Labour Inspectorate of the transfer no later than the foreign national's start date, according to a new law. Sending employers are also subject to new record-keeping requirements and penalties for noncompliance.
To view entire article, click here.
Other Immigration News This Week
United States: DHS Updates ESTA to Reflect Eligibility Under Visa Waiver Program – The Department of Homeland Security announced that the Electronic System for Travel Authorization (ESTA) has been updated to reflect the designation of Somalia, Libya and Yemen as countries of concern, consistent with the agency’s previous announcement, continuing its implementation of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. In addition to the country-specific travel restrictions, a request for ESTA applicants' Global Entry Program Numbers was also added.
The Visa Waiver Program allows foreign nationals from designated countries to enter the United States for business or tourism for up to 90 days without the need to obtain a B-1/B-2 visitor visa from a U.S. consulate. VWP travelers must register and obtain approval to travel from the ESTA and carry an e-passport.
Argentina: Identification Document Renewal Deadline Extended – Permanent residents and foreign nationals with either a green, light blue or brown National Identification Document (DNI) enrollment booklet (Libreta de Enrolamiento or Libreta Cívica) (which has not been issued as a booklet since 2012), and Argentine nationals living outside of Argentina who still hold a DNI booklet, must request a DNI card by July 31, 2016. The original deadline of March 31 has been extended. DNI's in the form of a booklet will be invalidated after July 31, 2016, and holders of the DNI after this date must schedule an appointment online at the at National Immigration Office website (or for Argentina nationals, on the Ministry of Interior website).
Canada: Biographic Information May be Collected from Exiting Travelers – The House of Commons is considering a new law that would allow the Canada Border Services Agency (CBSA) to collect biographic information from all travelers exiting Canada, in addition to the collection of information for those leaving Canada, per the current practice. Collecting such information would allow CBSA to identify individuals who do not leave Canada at the end of their authorized stay, verify whether permanent residency or citizenship applicants have complied with residency requirements, and track high-risk travelers prior to their departure. Fragomen will report on the implementation plans when they are available.
Norway: In-Country Registration Appointment Delays – Foreign nationals should expect in-country registration appointment delays during the summer months due to staff shortages at the Norwegian immigration office. Registrants should take a two-to-three-week backlog for appointments into consideration and should contact their immigration professional as soon as they confirm their travel plans so that an appointment can be scheduled. Foreign nationals can only work once registration is complete.
Panama: International Executive Residence Application Subject to New Documentary Requirements – Applicants for the Temporary Residence for International Executives category must now include the following documents in their applications: the host company's financial statements from the past two years; an employment verification letter that lists the address of the headquarters office and the branch in Panama; a confirmation that the applicant's salary is paid from abroad and is at least PAB 5,000 per month; and a certificate from the public registry showing that the applicant's headquarters or the branch in Panama was established at least ten years ago. Additionally, the company's legal representative must schedule an inspection prior to the submission or renewal of the application.
Global Immigration News Links
Careen Shannon discusses the possible implications of Colorado’s recent repeal of an employment attestation law.
President Obama predicted that an overhaul of the immigration system would come eventually, despite the Supreme Court’s recent decision that kept his executive actions on hold.
A PRRI/Brookings Institution survey analyzes how immigration and concerns about cultural change are shaping the 2016 presidential elections.
The African Union is introducing a single passport to make travel on the continent easier for Africans.
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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