Fragomen Immigration Update: March 20 - 27, 2015
March 27, 2015
In United States immigration news, USCIS issued a draft of its long-awaited L-1B specialized knowledge guidance, which updates the agency’s interpretation of the L-1B specialized knowledge standard and sets forth the types of evidence employers may submit to demonstrate eligibility for the L-1B visa category. The guidance is set to take effect on August 31, 2015, with public comments to be accepted through May 8, 2015.
Following the implementation of the Express Entry program, Citizenship and Immigration Canada conducted its fifth Express Entry draw on March 20.
In Denmark, the Corporate Work Permit Scheme is expected to be replaced with a Fast Track Work Permit program that should streamline the sponsorship process for large companies hiring certain non-EEA foreign workers. In Luxembourg, the minimum salary level for foreign locally-hired employees and intracompany transferees has increased to EUR 2,307.56 gross per month.
Foreign nationals and dependents entering the United Kingdom or applying for extensions resulting in a stay of over six months on or after April 6 will be subject to a non-refundable health surcharge, with certain exceptions.
Foreign nationals applying for a Colombian visa must obtain a visa stamp in Bogota within two months of approval, with a limited exception. Those who fail to do so must submit a new visa application, which could delay employment start dates up to four weeks. The Peruvian Ministry of Labor has increased the work experience requirement for some Resident Worker Visa applicants to three years of relevant work experience, from one year.
These items and other news from Indonesia, Ireland, Luxembourg, Philippines, Tanzania and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, March 25, 2015
USCIS Issues Long-Awaited L-1B Specialized Knowledge Guidance
USCIS’s draft guidance memorandum updates the agency’s interpretation of the L-1B specialized knowledge standard and sets forth the types of evidence employers may submit to demonstrate eligibility for the L-1B visa category. But it remains to be seen whether the guidance will help to reverse the trend of increasing case denials at USCIS Service Centers and U.S. consulates.
To view entire article, click here.
Luxembourg, March 27, 2015
Minimum Salary Increased for Local Hires and Intracompany Transferees
The minimum salary level for foreign locally-hired employees and intracompany transferees has been increased to EUR 2,307.56 gross per month.
To view entire article, click here.
Tanzania, March 26, 2015
Employers of Foreign Workers Subject to Stricter Regulations
Employers hiring foreign nationals must submit a succession plan to the Labour Commissioner, and may face criminal penalties if they do not submit information regarding all foreign workers to a registry, according to a strict new law passed by Tanzania's parliament that is expected to be implemented July 1.
To view entire article, click here.
Denmark, March 26, 2015
Fast Track Work Permit Program to Replace Corporate Work Permit Scheme
The Fast Track Work Permit program should streamline the sponsorship process for large companies hiring certain non-EU/EEA foreign workers. Foreign workers should also benefit from the program, as they will be able to start working immediately after applying on the basis of a temporary work permit and will be able to work abroad during the permit’s validity without the permit lapsing. Applications are expected to be available April 1.
To view entire article, click here.
United Kingdom, March 25, 2015
Details of Health Surcharge Announced
Starting April 6, foreign nationals and their dependents entering the UK for over six months and those applying for extensions that will result in a stay over six months will be subject to a non-refundable £200 per year health surcharge, with certain exceptions. The fee must be paid upon submission of the visa application, and must cover the entire duration of the visa. Even those who are already covered by private medical insurance will be subject to the surcharge.
To view entire article, click here.
Peru, March 24, 2015
Some Resident Worker Visa Applicants Subject to Stricter Eligibility Requirements
Some foreign nationals under the Resident Worker Visa may be required to demonstrate that they have at least three years of relevant work experience, and that their university diploma is directly related to the position in Peru. These requirements are not yet officially enforced but are expected to be implemented eventually.
To view entire article, click here.
Canada, March 23, 2015
Fifth Round of Express Entry Program Shows More Flexibility in Selection
Following the implementation of the Express Entry program, on March 20, Citizenship and Immigration Canada conducted the fifth Express Entry draw. Of those who submitted an Expression of Interest, 1,620 candidates were invited to apply for permanent residence, with the minimum score at 481. This is the first draw where not all invited candidates held a Labour Market Impact Assessment/Labour Market Opinion or a Provincial Nomination certificate.
To view entire article, click here.
Colombia, March 20, 2015
Some Visa Applicants Subject to Visa Stamping Requirement
Foreign nationals applying for Colombian visas must obtain a stamp on their visa in Bogota within two months of approval of the visa. Those who fail to do so must submit a new visa application, which could delay start dates up to four weeks. Foreign nationals with visas valid for less than three months are exempt from the stamping requirement.
To view entire article, click here.
Ireland, March 20, 2015
Critical Skills Permit Renewals to Require Additional Documentation
Starting April 1, foreign nationals must submit a support letter from the Department of Jobs Enterprise and Innovation and additional documents in person to renew their Critical Skills Employment Permit or green card. Skilled workers who will require renewed permits should plan in advance to ensure the documentation is obtained and submitted prior to the permit expiry date.
To view entire article, click here.
Other Immigration News This Week
Indonesia: Visa-Free Benefits to be Granted to Additional Countries for Tourist Stays – Nationals of 30 additional countries will soon be allowed to enter Indonesia visa-free for tourist stays up to 30 days. These are: Austria, Belgium, Bahrain, Canada, China, Czech Republic, Denmark, Finland, France, Germany, Hungary, Italy, Japan, Kuwait, Mexico, Netherlands, New Zealand, Norway, Oman, Poland, Qatar, Russia, South Korea, Spain, South Africa, Sweden, Switzerland, UAE, UK and United States. The Indonesia Minister of Tourism has indicated that this may likely take effect as early as April 2015.
Luxembourg: Cost of Residence Permits Increases – Effective immediately, residence permits will now cost EUR 80, up from EUR 50. To work in Luxembourg, third-country nationals must obtain temporary work authorization prior to arrival. After arrival, they must pay to convert the temporary document into a residence permit card for workers. Employers who pay the fee on behalf of foreign nationals should coordinate with their administrative departments and note the increase.
Philippines: Exemption from Fees for PEZA 47(a)(2) Visa Holders Reinstated – Due to a reversal of policy, foreign nationals holding Philippine Economic Zone Authority 47(a)(2) visas are again exempt from departure fees that were recently imposed on some in the category. Foreign nationals holding other types of 47(a)(2) visa, such as those issued by the Board of Investment, will only be exempt if the visa endorsement indicates such an exemption. Additionally, those who work for a company categorized by the Department of Justice as exempt and who have 'EXEMPT' marked on the visa endorsement page also remain exempt from all immigration fees.
Global Immigration News Links
Austin Fragomen and Careen Shannon clarify that the recent injunction against President Obama’s executive action on immigration does not affect business-related immigration reforms.
The U.S. Court of Appeals for the fifth circuit will hold a two-hour hearing on April 17 to determine whether U.S. District Court Judge Andrew Hanen’s injunction against President Obama’s executive orders on immigration should remain in effect.
In The New York Times Magazine, Adam Davidson, founder of NPR’s “Planet Money,” debunks the myth of the job-stealing immigrant through economic tools.
A decline in students selecting computer-related majors underscores U.S. employers' interest in the H-1B program.
According to Reuters, the Business Roundtable ranked the United States second to last in terms of policies to facilitate the hiring of highly skilled immigrant workers.
Japan's Justice Ministry is expected to drastically relax the residency criteria for foreign nationals who establish and manage companies in Japan.
