Fragomen Immigration Update: June 6 - 13, 2014

In United States immigration news, the State Department will advance the EB-2 India priority date cut-off next month, to September 1, 2008 – a surge of nearly four years, with further advancement likely through September.

The United States Supreme Court narrowed certain protections afforded under the Child Status Protection Act, affirming that only a limited class of derivative beneficiaries of family-based immigrant petitions is eligible to retain older priority dates after turning 21 years of age. The Court's decision does not affect derivative beneficiaries of employment-based petitions. 

Effective immediately, Canada’s labor authority has terminated the recruitment exemption for hiring foreign graduates. Employers seeking to hire foreign graduates of Canadian colleges and universities on a full-time basis following the expiration of their Post Graduate Work Permits are now subject to standard Labor Market Opinion recruitment and advertisement requirements. Also effective immediately, foreign nationals in Canada must meet a more rigorous definition of specialized knowledge to qualify for work permits in the Intracompany Transfer category.

Switzerland’s Federal Council has extended work permit quotas for Bulgarian and Romanian nationals through 2016. Work permit and labor market test requirements for these nationals remain in place. 

Individuals applying to have their academic credentials legalized at the United Arab Emirates Embassy in New Delhi, India are experiencing significant delays, now that a verification letter is required for the process. 

These items and other news from Israel 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 10, 2014

Supreme Court Narrowly Interprets Priority Date Retention Provisions for Family-Based Petitions

The U.S. Supreme Court has held that only a limited class of derivative beneficiaries of family-based immigrant petitions is eligible to retain older priority dates after “aging out” by turning 21 years of age. The Court's decision does not affect derivative beneficiaries of employment-based petitions.

To view entire article, click here.

 

United States, June 10, 2014

July 2014 Visa Bulletin: EB-2 India to Advance By Nearly Four Years, As Projected

The priority date cut-off for EB-2 India will advance to September 1, 2008 in July, with further advancement likely through September.

To view entire article, click here.

 

United Arab Emirates, June 12, 2014

Significant Delays for Degree Legalization at UAE Embassy in India

Individuals applying to have their academic credentials legalized at the United Arab Emirates Embassy in New Delhi, India are experiencing delays of up to 90 days, now that a verification letter is required for the process.

To view entire article, click here.

 

Switzerland, June 10, 2014

Work Permit and Labor Market Test Requirements Remain in Place for Bulgarian and Romanian Nationals

There will be 10,457 long-term work permits and 1,126 short-term work permits available to Bulgarian and Romanian nationals between June 1, 2014 and May 31, 2015, under the Swiss quota system – an increase of roughly 10 percent. Employers seeking work permits for Bulgarians and Romanians must complete labor market tests.

To view entire article, click here.

 

Canada, June 10, 2014

New Restrictive Guidelines for Intracompany Transferees with Specialized Knowledge

Effective immediately, foreign nationals must meet a more rigorous definition of specialized knowledge to qualify for work permits in the Intracompany Transfer category. New mandatory wage guidelines have also taken effect, although there is no mandatory minimum salary for specialized knowledge intracompany transferees entering Canada under a current or future free trade agreement, such as NAFTA.

To view entire article, click here.

 

Canada, June 6, 2014

Government Terminates Recruitment and Advertisement Exemption for Foreign Graduates

Employers seeking to hire recent foreign graduates of Canadian colleges and universities are now subject to standard Labor Market Opinion recruitment and advertisement requirements. This will add several weeks to the time necessary to sponsor foreign graduates for work permits.

To view entire article, click here.

 

Other Immigration News This Week

United States: DOL PERM Processing Times Updated – As of June 2, 2014, DOL was conducting analyst reviews for PERM applications filed in December 2013 or earlier and processing audited cases filed in January 2013 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in June 2014 or earlier. 

As of June 5, 2014, processing times for PERM prevailing wage determinations are in the 60-day target. DOL is issuing determinations for prevailing wage requests submitted in April 2014. 

PERM and PWD processing times are available on the iCERT home page. 

Israel: New Immigration Appeal Tribunals Established – The new Immigration Appeal Tribunals (IAT) began operations on June 1, serving as an appeal tribunal for Ministry of Interior decisions on immigration-related issues, such as work visa issuance, residency, citizenship, entry to Israel, and deportation. Two tribunals have been initially established, in Jerusalem and Tel Aviv; two additional tribunals are planned for a later date in Beer Sheva and Haifa. Initially 1,200 open appeal cases will be diverted to the IATs for processing. The IATs are expected to shorten processing times and increase adjudication consistency for appeals. Fragomen worked closely with Kan-Tor & Acco Law Firm (Israel) to prepare this update.

 

Global Immigration News Links

In the wake of House Majority Leader Eric Cantor’s surprising defeat in the Virginia primary election, commentators around the country are speculating on whether immigration reform is on indefinite hold.

According to a national survey conducted by the Public Religion Research Institute and the Brookings Institution, Americans still overwhelmingly agree that undocumented immigrants living in the United States should be allowed to remain in the country and seek some form of legal status.

In order to keep its workforce at 2010 levels, Europe will need 25 million immigrants by 2020 due to an aging population.

 

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