Fragomen Immigration Update: March 20 - 27, 2014
March 28, 2014
In United States immigration news this week, U.S. Citizenship and Immigration Services has announced that it will postpone the start of premium processing of FY 2015 cap cases until April 28 at the latest. Employers may not see agency action on premium processing cases selected in the FY 2015 H-1B cap lottery until as late as May 13.
The United States Embassy in Caracas, Venezuela, has suspended visa issuance for first-time visitor visa applicants and for those with visitor visas expired for more than one year, until further notice. Appointments are available only in emergency situations, and visitor visa renewal appointments are still available.
South Africa's Department of Home Affairs has delayed the implementation of immigration reforms in order to review and respond to public comments on the measures. The reforms were set to take effect on April 1.
Russian nationals traveling to Ukraine are now required to possess a valid international passport, and business travelers are urged to carry an invitation letter from a Ukrainian entity. Russians living in Ukraine should possess a Ukrainian temporary residence permit.
Certain foreign nationals seeking to work for more than three months for an employer in the Netherlands will now be able to apply for a combined work and residence permit.
These items and other news from the Schengen Area 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, March 25, 2014
USCIS to Delay Premium Processing of FY 2015 H-1B Cap Cases
USCIS will not begin to work on H-1B cap cases requesting premium service until April 28, 2014 at the latest. This means that employers may not see agency action on premium cases until as late as May 13. Filing receipt issuance is likely to be delayed until after USCIS completes selection lotteries and data entry for cap cases.
To view entire article, click here.
United States, March 25, 2014
Visitor Visa Issuance Partially Suspended in Caracas
The U.S. Embassy in Caracas has partially suspended visa issuance for first-time visitor visa applicants, including foreign nationals with visitor visas expired for more than one year. Appointments are available only in emergency situations. Already scheduled appointments, however, are still being honored.
To view entire article, click here.
South Africa, March 27, 2014
Implementation of Immigration Reforms Delayed
New labor market testing requirements and restrictions for General Work Permits, corporate permits and permits for accompanying unmarried partners will not take effect on April 1, 2014 as planned. The Department of Home Affairs is delaying the implementation of the immigration reforms in order to complete its review of public comments on the measures.
To view entire article, click here.
Ukraine, March 26, 2014
New Travel Document Requirements for Russian Nationals
Russian nationals traveling to Ukraine are now required to possess a valid international passport, and business travelers are urged to carry an invitation letter from a Ukrainian entity. Russians living in Ukraine should possess a Ukrainian temporary residence permit.
To view entire article, click here.
Schengen Area, March 25, 2014
Heightened Entry Scrutiny During G7 Summit
Individuals traveling to Schengen Area countries during the next two weeks should be prepared for tighter security measures on entry, due to state visits by U.S. President Barack Obama and a G7 summit on nuclear security. It is also possible that Schengen countries may implement intra-European border controls with little notice.
To view entire article, click here.
Netherlands, March 21, 2014
Combined Work and Residence Permit Takes Effect April 1 for Local Hires
Under a simplified process, certain foreign nationals seeking to work for more than three months for an employer in the Netherlands will now be able to apply for a combined work and residence permit. Employers will no longer be required to submit a separate work permit application at the Labor Office.
To view entire article, click here.
Other Immigration News This Week
United States: DOL PERM Processing Times Updated – As of March 3, 2014, DOL was conducting analyst reviews for PERM applications filed on July 21, 2013 or earlier and processing audited cases filed on December 31, 2012 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted on March 3, 2014.
As of March 14, 2014, PERM prevailing wage determinations (PWDs) were being processed in the 60-day target. DOL is now issuing determinations for prevailing wage requests submitted in January 2014.
PERM and PWD processing times are available on the iCERT home page.
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 March 21, 2014, it had received filings on behalf of 17,442 H-2B beneficiaries for the second half of FY 2014. Of these, 11,307 had been approved and 6,135 remained pending. 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.
Schengen Area: Visa Waiver for Moldovan Nationals Announced – Moldovan nationals with biometric passports will soon have visa-free access to the Schengen Area for business or tourism stays of up to 90 days within a 180-day period. The exact date is not yet known, but the visa waiver will likely take effect in early May 2014.
The Schengen Area is a group of 26 European countries that have abolished passport and immigration controls at their common borders. In theory, the Area functions as a single country for international travel purposes and features a common visa policy.
Moldova was added to the Schengen Area’s visa waiver program due to the country’s major improvements in document security and in combating organized crime, corruption and unauthorized immigration.
Global Immigration News Links
- Austin Fragomen and Careen Shannon discuss the impact of the U.S. Supreme Court’s denial of certiorari in Hazleton and Farmers Branch immigration cases.
- On Thursday, House Democrats introduced a discharge petition that would force a floor vote on H.R. 15, the House comprehensive immigration reform bill. Signatures from 218 House members, an absolute majority, will be required for the petition to take effect. President Obama applauded the efforts to allowing a vote on immigration reform.
- In a meeting earlier this week with organizations committed to passing bipartisan immigration reform, Secretary of Homeland Security Jeh Johnson emphasized his support for passage of common sense immigration reform this year.
- The immigration reform plan presented by Democrats in the House of Representatives would reduce the U.S. budget deficit by $900 billion over the next 20 years, according to the nonpartisan Congressional Budget Office, as reported by Fox News Latino.
- A new group of Tories this week urged David Cameron to tone down his rhetoric on immigration and questioned his pledge to bring down net migration to the tens of thousands.
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