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Fragomen Immigration Update: March 25 - April 1, 2016

April 1, 2016

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In United States immigration news this week, the FY 2017 H-1B cap filing season has begun and will continue through April 7. As in past years, U.S. Citizenship and Immigration Services is expected to receive a very large number of filings that will far exceed the annual cap of 85,000.
 
U.S. employers should continue to use the March 8, 2013 version of Form I-9 beyond its official expiration date of March 31, 2016. This edition remains in effect while USCIS works on a forthcoming revision of the employment eligibility verification form. 
 
Singaporean S Pass holders in all industries and Work Permit holders (R2 category) in the services and construction industries will be subject to a higher levy effective July 1. 
 
In India, the Bangalore City Police are conducting random immigration status verifications to curb potential visa overstays.
 
In Argentina, U.S. citizens are exempt from a reciprocity fee for stays up to 90 days until June 22, 2016, or until an Executive Order is issued to permanently revoke the fee.
 
These items and other news from India and Thailand follow in this edition of the Fragomen Immigration Update.
 
 
Important Updates in Immigration This Week
 
United States, April 1, 2016
FY 2017 H-1B Cap Season Begins: What Employers and Foreign Nationals Can Expect
 
USCIS is expected to receive a very large number of H-1B cap cases between April 1 and April 7, the opening days of the cap filing season. The agency will use a computerized lottery to select the petitions that will be processed to completion.  Because of the operational challenges of extremely high filing volume, employers and foreign nationals should expect to wait several weeks to learn whether their cap petitions were selected for processing.
 
To view entire article, click here.
 
 
United States, March 31, 2016
Current I-9 Form Will Remain In Use After Expiration Date
 
Employers should continue to use the March 8, 2013 version of Form I-9 beyond its official expiration date of March 31, 2016, USCIS has announced. This edition remains in effect while USCIS works on a forthcoming revision of the employment eligibility verification form. 
 
To view entire article, click here.
 
 
India, March 31, 2016
Random Police Verifications Implemented in Bangalore
 
In line with the Ministry of Home Affairs' efforts to maintain updated records for foreign nationals and curb potential overstays in India, the Bangalore City Police department is conducting random immigration status verifications. Foreign nationals under long-term visas should be prepared for phone calls and visits from police to verify their residential address and immigration status.
 
To view entire article, click here.
 
 
Argentina, March 31, 2016
U.S. Tourists and Business Travelers Temporarily Exempt from Reciprocity Fee
 
U.S. citizens are exempt from a reciprocity fee for stays up to 90 days until June 22, 2016, or until an Executive Order is issued to permanently revoke the fee. This policy is a result of a bilateral agreement in which the United States has agreed to eliminate the consular visa requirement for some Argentinian U.S. visa applicants and in return, Argentina intends to join the Visa Waiver Program.
 
To view entire article, click here.
 
 
Singapore, March 31, 2016
S Pass and Work Permit Levy to Increase
 
Effective July 1, 2016, S Pass holders across all industries and Work Permit holders (R2 category) in the services and construction industries will be subject to higher levy.  The marine, processes and manufacturing industries will be exempt from the increased levy until July 2017 due to a low number of foreign workers in these industries.
 
To view entire article, click here.
 
 
Other Immigration News This Week
 
India: New Business Visa Card Available for Some South Asian Nationals – Entrepreneurs from Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka (South Asian Association for Regional Cooperation - SAARC - member states) will be able to travel to India under a new travel document called the India Business Card.  This policy is the result of the Indian Prime Minister's intent to extend opportunities to foreign entrepreneurs in South Asia. The anticipated date of implementation proposed by the Ministry of Home Affairs (MHA) is April 1, 2016, however the implementation date has not been officially announced. The India Business Card will be issued for up to five years (three years for nationals of Pakistan) and will allow multiple entries.  Nationals of Bhutan and Nepal do not require a visa or an India Business Card to enter India. Fragomen will report other eligibility criteria, conditions and special requirements for Pakistani entrepreneurs once the MHA releases the official policy document.
 
Thailand: New Work Permit Company Letter Requirement – Work permit applications filed with the Board of Investment (BOI) now require an Employment Certification Letter instead of a Letter of Appointment (LOA). The Employment Certification Letter is informal, does not mention the Director General, BOI or BOI address, and certifies the employee's past employment without mentioning the appointment to Thailand or job title. This change was introduced after the BOI found that it was encountering too many discrepancies between the proposed job titles in the LOA and the BOI’s official list of permitted job titles. In order to prevent rejections, the BOI has decided to exclude this information from the company letter.  Information regarding the job title, job description, monthly remuneration and period of employment/assignment in Thailand will instead be confirmed separately on the BIO's online Work Permit application system.
 
 
Global Immigration News Links
 
A new report from the American Competitiveness Alliance argues that the United States should reduce, not increase, the cost of hiring highly skilled foreign workers, pointing out that skilled immigrants create new jobs and companies that ultimately help the U.S. economy grow.
 
A study by the Public Religion Research Institute analyzes how Americans view immigrants, and what they want from immigration reform. According to the study, Americans are more likely to say that newcomers from other countries strengthen American society, with more than sixty percent supporting a path to citizenship for the undocumented.
 
Japan’s first fast-lane immigration service will soon debut at major international airports near Tokyo and Osaka to speed up the processing of foreign visitors.
 
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
 
In India, Fragomen operates exclusively as an immigration consultancy and not as a law firm. 
 
 
© 2016 Fragomen
 

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