Fragomen Immigration Update: June 20 - 27, 2014

In United States immigration news, State Department officials project that EB-3 China could advance significantly in the remaining months of the fiscal year, although exact cut-off dates will remain unknown until the next State Department Visa Bulletin is published in early July. 

In Canada, the long-awaited reforms to the Temporary Foreign Worker Program were announced. The reforms, which take effect immediately, are primarily focused on low-skilled, low-wage occupations, but they also increase the government’s investigative and enforcement powers.

In the Philippines, many companies sponsoring foreign nationals for 9(g) Pre-Arranged Employment Visas must send a corporate representative to appear in person when the application is filed. 

Effective June 24, 2014, all Venezuelan nationals seeking entry to Ireland must obtain a visa from an Irish consular post abroad prior to travel. 

These items and other news from Greece, Kazakhstan, Kenya, United Kingdom and the United States follow in this edition of the Fragomen Immigration Update. 

Remember that the Immigration Update is available through both e-mail and Web version by clicking on "View as Web Page" above.

 

Important Updates in Immigration This Week

United States, June 24, 2014

State Department Projects Advancement for EB-3 China

State Department officials project that EB-3 China could advance significantly in the remaining months of the fiscal year, although exact cut-off dates will remain unknown until the next State Department Visa Bulletin is published in early July.

To view entire article, click here.

 

Ireland, June 24, 2014

Venezuelan Nationals Now Require Visas for Entry

Ireland now requires all Venezuelan nationals seeking entry to obtain a visa from an Irish consular post abroad prior to travel. Ireland has no consulate in Caracas, Venezuela. The Irish Embassy in Mexico City has jurisdiction over individuals residing in Venezuela.

To view entire article, click here.

 

Philippines, June 24, 2014

9(g) Employment Visa Applications Require In-Person Visit by Corporate Representative

Many companies sponsoring foreign nationals for 9(g) Pre-Arranged Employment Visas must send a corporate representative to appear in person when the application is filed.

To view entire article, click here.

 

Canada, June 20, 2014

Reforms to Temporary Foreign Worker Program Announced Today

The reforms announced today by Employment Minister Jason Kenney and Immigration Minister Chris Alexander are primarily focused on low-skilled, low-wage occupations, but will also increase the government’s investigative and enforcement powers. The changes take effect immediately.

To view entire article, click here.

 

Other Immigration News This Week

United States: Leon Rodriguez Confirmed as Director of USCIS – The U.S Senate on Tuesday confirmed the nomination of Leon Rodriguez for Director of USCIS. The post has been vacant since Alejandro Mayorkas was appointed Deputy Secretary of Homeland Security in 2013; Lori Scialabba has been serving as Acting Director. Previously, Leon Rodriguez was Director of the Office for Civil Rights of the Department of Health and Human Services. In addition to overseeing the administrative operations of the Civil Rights Division, his portfolio included civil rights matters involving discrimination based on national origin and immigration status, legislative affairs and community outreach. 

United States: Latest E-Verify Enhancements – Earlier this week, E-Verify released several enhancements to make the verification process more efficient. E-Verify will now notify users when a new case that is entered into the system has the same Social Security number as another case entered in the preceding 30 days. This will allow E-Verify users to catch and correct duplicate cases early in the case creation process. E-Verify will also prompt users to validate or update their email and phone number when their password expires to ensure the system has the most up-to-date contact information. 

The pre-populated ‘Employer Representative Name’ field requirement was removed from the Further Action Notice for Web service users. Employers must now fill in the blank field, either electronically or manually, providing the name of the Employer Representative that initiated the case. 

Additional information on recent enhancements is available here. 

United States: USCIS Updates H-2B Cap Count – USCIS continues to accept H-2B petitions for employment start dates in the second half of FY 2014. The agency reports that as of June 23, 2014, it had received filings on behalf of 25,179 H-2B beneficiaries for the second half of FY 2014. Of these, 23,801 had been approved and 1,378 remained pending. For employment in the first half of FY 2015, the agency had received filings on behalf of 127 beneficiaries. 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.

Greece: Changes for Foreign Senior Managers and Van der Elst Visa Holders – Greek entities are now permitted to sponsor work permits for foreign workers in senior managerial positions, under recently approved legislation. Previously, only entities that were more than 50% foreign owned could sponsor senior managers for work permits. 

Holders of Van der Elst visas, used by non-EU nationals who are employed by a company in another EU country to provide short-term services to a Greek company, are now limited to a maximum stay of 12 months. Van der Elst visas may be granted for an initial stay of up to 12 months, and previously they could be renewed for an additional six-month stay. Additionally, Van der Elst visa holders are no longer eligible to obtain dependent visas to be accompanied by their spouse or children. 

Indonesia: Immigration Authorities to Discontinue Issuance of Provisional Stay Permits (KITAS) – Indonesia will no longer issue provisional temporary stay permits (known as the Provisional KITAS), effective July 1, 2014. A Provisional KITAS is a 30-day extension of an individual's KITAS as a stop-gap measure to cover brief periods of stay, such as when an individual's renewal application is in progress. With the Provisional KITAS option no longer available, employees must start the KITAS renewal process well in advance of their expiration date, which was already a recommended best practice.

Kazakhstan: Visa Waiver for South Korean Nationals – South Korean nationals will soon be allowed to visit Kazakhstan for business or tourism for up to one month per visit, under a recently signed reciprocal visa exemption agreement between the two countries. The agreement still needs to be ratified before the visa exemption can take effect and it is not yet clear when this will occur. Stays of longer than 30 days will require a business visa. 

Kenya: New Visa and Entry Fee Requirements for South African Nationals Postponed –The implementation of recently announced visa and entry fee requirements for South African nationals traveling to Kenya has been postponed until September 1, 2014, from the prior effective date of July 1. After the requirements take effect, South African nationals travelling to Kenya for less than 30 days will be required to pay a service fee of ZAR 750 (US$70) prior to travel. Currently these travelers are visa exempt and do not have to complete any formalities before departure. Those travelling to Kenya for 30 days or more will be required to obtain a visa prior to travel. These travelers can currently obtain a visa on arrival in Kenya. 

United Kingdom: Delays in Passport Issuance - Passport renewal applications filed by UK nationals who are overseas are currently delayed by six weeks or more. The delays are the result of backlogs that have developed since the UK switched to an online passport application system earlier this year and an unexpected spike in passport renewal applications over the past few months. Employers should be aware of the passport issuance delays when planning to relocate UK national employees.

 

Global Immigration News Links 

• A year after negotiating the Gang of Eight immigration bill, Senator Jeff Flake (R-Arizona) puts the odds of enacting significant immigration legislation this year at close to zero.
• According to the Washington Post, Representative Luis Gutierrez (D-Illinois), a leading House Democrat, declared immigration reform dead, blaming his Republican colleagues for not moving forward on immigration legislation, and called on President Obama to take executive action to stem deportations.
• Despite the federal stalemate on immigration reform, a number of states are taking matters into their own hands to make life more bearable for undocumented immigrants living in their communities.
• Economists estimate that Germany stands to lose more than a million qualified engineers, mathematicians, computer technicians and scientists by the end of the decade, a shift that will require an influx of highly educated, highly skilled immigrants to ensure the industrial and engineering future of the country.

 

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