Fragomen Immigration Update: June 27 - July 3, 2014

In immigration news, work visa applicants in the Philippines are now permitted to submit with their applications a Letter of Undertaking (LOU) stating that they will submit required authenticated personal and family documents at a later time. After submitting the LOU, applicants have 60 days in which to submit the required documents. 

In the wake of India’s recent transition to a new visa processing vendor in the United States, frequent changes to application processes and application delays continue to occur. 

These items and other news from Belgium, France, Israel, Italy, Nigeria 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

India, June 27, 2014

Processing Difficulties Continue at Indian Visa Application Centers in the United States

In the wake of India’s recent transition to a new visa processing vendor in the United States, frequent changes to application processes and application delays continue to occur.

To view entire article, click here.

 

Philippines, June 27, 2014

Bureau of Immigration Extends Submission Window for Documents Requiring Legalization

Work visa applicants are now permitted to submit with their applications a Letter of Undertaking (LOU) stating that they will submit required authenticated personal and family documents at a later time. After submitting the LOU, applicants have 60 days in which to submit the required documents.

To view entire article, click here.

 

Other Immigration News This Week

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 30, 2014, it had received filings on behalf of 25,347 H-2B beneficiaries for the second half of FY 2014. Of these, 24,264 had been approved and 1,083 remained pending. For employment in the first half of FY 2015, the agency had received filings on behalf of 177 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cap for each half-year is 33,000, but USCIS accepts filings in excess of the cap because some cases will be denied or withdrawn and because employers may ultimately employ fewer H-2B beneficiaries than reflected in their petitions. 

Belgium: Volunteer Work No Longer Requires Work Authorization – A new rule effective June 28 allows foreign nationals legally residing in Belgium to work on an unpaid, volunteer basis without needing to obtain separate work authorization. Previously, volunteer work was covered by a law governing the employment of foreign nationals and required a work permit. These changes will be of particular relevance and interest to the spouses and other family members of foreign nationals employed in Belgium, as they will more easily be able to engage in volunteer work. 

France: Copies of Service Contracts Required for Work Permit Applications in Hauts-de-Seine – Local labor authorities in Hauts-de-Seine (district 92) now require companies applying for secondment work permits on behalf of foreign nationals who will work at a client site to submit a copy of the service contract between the French employer and the French client. Currently this requirement applies in Hauts-de-Seine only, but we expect that other districts, including Paris, may begin requiring such agreements in the future. In general, employers have always been required to demonstrate that any foreign employee placed at a client site is providing specific services and that the employer is not lending staffing resources to the client; but a specific contract between a French employer and the French client was not required until now – and is still not required outside of Hauts-de-Seine. 

Israel: Work Permit and Visa Delays Expected During Summer Months – Work permit and visa application processing at the Ministry of Labor and consular posts worldwide may be delayed in the coming months as a result of reduced staffing levels at the work permit units. Backlogs may also develop at this time due to increased application volume, potentially extending the delays through the fall. Employers and foreign nationals should plan on submitting applications as early as possible. Fragomen worked closely with Kan-Tor & Acco Law Firm (Israel) to prepare this update. 

Italy: New Start-Up Visa Program – The Italian Ministry of Foreign Affairs has launched a new information and application portal under the country’s recently launched start-up visa program. The portal provides guidance on eligibility and application procedures, as well as information for certified business incubators. In general, foreign entrepreneurs can qualify for the program if they demonstrate financial resources of at least €50,000, raised through venture capital funds, crowdsourcing, third-party investors, or Italian or foreign government and non-government organizations. The requirements are relaxed for foreign entrepreneurs who have secured the support of a certified business incubator. 

Nigeria: Spouses of Nigerian Nationals Have Right to Reside, but Not Automatic Work Authorization – The Nigerian Immigration Service recently clarified that spouses of Nigerian nationals are automatically entitled to reside in Nigeria and are not required to obtain the recently mandated Combined Expatriate Residence Permit and Aliens Card (CERPAC). Spouses of Nigerian nationals are not, however, automatically authorized to work in Nigeria. To take up employment, they must obtain the CERPAC and renew it each year, which they can do without incurring a government fee.

 

Global Immigration News Links 

• According to the Slate, GOP infighting, and not a lack of trust in President Obama, is why immigration reform has reached an impasse.
• CNN reports that President Obama will take executive action and put forth a new effort to reform immigration without Congress, and has directed his team to recommend steps he can take this summer. House Democrats and immigration reform advocates are urging President Obama to use every administrative tool at his disposal to address immigration reform.
• New York City’s 500,000 undocumented immigrants will be able to open bank accounts, visit libraries and use medical clinics, thanks to an official municipal identification card program approved by the City Council. New York Governor Andrew Cuomo, however, said that the program will not make a difference until the federal government acts on immigration reform.
• In California, the state Department of Motor Vehicles is preparing to grant special driver’s licenses for the first time to undocumented immigrants.
• The Labour party of New Zealand wants to increase incentives for immigrants to accept jobs or establish businesses in regional New Zealand to take the pressure off of Auckland.

 

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