Fragomen Immigration Update: May 1 - 8, 2014

In United States immigration news this week, the State Department will dramatically retrogress the EB-3 China priority date cut-off next month, to October 1, 2006 – a drop of six years. EB-2 China will advance modestly by five weeks, to May 22, 2009. For most other countries, EB-3 will retrogress by 18 months, to April 1, 2011. 

U.S. Citizenship and Immigration Services’ Fraud Detection and National Security (FDNS) Directorate is expected to begin full-scale implementation of an L-1 site inspection program in the near future. The program will initially focus on worksite inspections of L-1A managers and executives who have extended their stays in the United States. 

Individuals applying for visas to India from within the United States should expect application processing delays in the coming months, as India transitions to a new visa services outsourcing firm. Most EU nationals will soon be able to work in Switzerland without restriction when work permit quota limits introduced last year expire. 

In the United Kingdom, the passport return service, known as the Passport Pass-Back pilot program, expands to additional Tier 2 applicants. Employers in Singapore should review salaries of self-sponsored employees before the year-end compliance deadline. 

These items and other news from Sweden 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, May 7, 2014

June 2014 Visa Bulletin: Significant and Unexpected Retrogression for EB-3 China

The EB-3 China priority date cut-off will retrogress by six years, to October 1, 2006, while EB-2 China will advance modestly by five weeks, to May 22, 2009. For most other countries, EB-3 will retrogress by 18 months, to April 1, 2011.

To view entire article, click here.

 

United States, May 5, 2014

USCIS to Begin Full-Scale Implementation of L-1 Site Visit Program

During the first phase of implementation, the USCIS Fraud Detection and National Security Directorate will focus on worksite inspections of L-1A managers and executives who have extended their stays in the United States. Inspections relating to L-1B employees and other L-1 case types are expected to begin at a later stage of the program.

To view entire article, click here.

 

India,May 8, 2014

Visa Processing Delays Expected for Applicants in the United States

Individuals applying for visas to India from within the United States should expect application processing delays in the coming months, as India transitions to a new visa services outsourcing firm.

To view entire article, click here.

 

United Kingdom, May 7, 2014

Passport Return Service Expands to Additional Tier 2 Applicants

Applicants for permanent residence under Tier 2 will now have their passports and biometric residence permits returned to them within seven to ten days of filing, under an expanded Passport Pass-Back pilot program.

To view entire article, click here.

 

Singapore, May 6, 2014

Employers Should Review Salaries of Self-Sponsored Employees Before Year-End Compliance Deadline

A significant increase in the salary minimum for the Personalized Employment Pass (PEP) will take effect December 31, 2014. Employers should begin reviewing the salaries of PEP employees and evaluating options for those who may not meet the new minimum by the deadline.

To view entire article, click here.

 

Switzerland, May 2, 2014

No Work Permit Quotas for Most EU Nationals

Most EU nationals will again have the unrestricted ability to work in Switzerland, as the Swiss government has announced that it will not renew the annual work permit quota program. The quotas expired on April 30 for EU-8 states and will expire on May 31 for EU-17 states. Bulgarian, Croatian and Romanian nationals will continue to require work authorization and to be subject to quotas.

To view entire article, click here.

 

Other Immigration News This Week

United States: U.S. Consulates in Canada to Suspend Third-Country National Visa Processing for the Summer - The U.S. Embassy in Ottawa has announced that third-country national (TCN) processing will not be available at any U.S. consular posts in Canada from June to August 2014. Only emergency TCN applications will be processed. TCN applicants with appointments already scheduled at a post in Canada during these months will not be affected. 

The suspension will primarily affect foreign permanent residents of Canada and foreign nationals who seek to renew a visa in Canada rather than travel to their home country. Foreign nationals who were planning to apply for a visa in Canada instead of their home country this summer should contact their designated Fragomen professional to discuss alternative options. 

United States: Social Security Administration Eliminates Ten-Day Waiting Period for Foreign National SSN Applications – Foreign nationals no longer need to wait ten days after entry to apply for a Social Security number (SSN), the Social Security Administration (SSA) has confirmed. As long as a foreign national’s entry record is accessible in Customs and Border Protection’s online I-94 system and is correct, he or she may apply for an SSN shortly after arrival. 

SSA uses I-94 entry records to verify a foreign national’s valid immigration status and eligibility for an SSN. Before the advent of Customs and Border Protection’s online I-94 system, the arrival records of foreign nationals took ten days to be entered into verification databases. Foreign nationals who applied for SSNs less than ten days after arrival in the United States often faced delays because their records were not yet available to SSA for verification. 

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 May 2, 2014, it had received filings on behalf of 22,831 H-2B beneficiaries for the second half of FY 2014. Of these, 20,042 had been approved and 2,789 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. 

Sweden: Registration No Longer Required for EU Nationals – EU nationals in Sweden for 90 days or more are no longer required to register with the Swedish Migration Board, effective May 1, 2014. The abolition of EU registration is expected to reduce bureaucracy and has no effect on the right of EU nationals to enter, work and reside in Sweden without restriction. Non-EU national dependents of an EU national are still required to apply for residence right cards and residence permit cards.

 

Global Immigration News Links 

• The Department of Homeland Security’s plan to allow the H-4 spouses of H-1B workers with long-pending permanent residence cases to apply for work authorization received broad media coverage this week. Deputy Secretary of Homeland Security Alejandro Mayorkas and Commerce Secretary Penny Pritzker said the proposals will enhance the country’s competitiveness to attract and retain skilled workers, facilitate innovation and support economic growth. Leaders of top technology companies applauded the effort, echoing a positive move towards retaining top talent, but voicing that a more comprehensive immigration reform is still needed. However, Senator Charles Grassley criticized the proposals as a move that will disadvantage American workers. Others argue that the forthcoming proposals are too narrow, and questioned why more is not being done to facilitate the employment of foreign spouses in the United States. DHS is expected to publish the H-4 employment authorization proposal imminently, but it will not take effect until it clears additional levels of federal review.
• Vice President Biden urged Speaker Boehner to stand up to House Republicans who oppose immigration reform and allow for its passage.
• The mayor of London could start endorsing visas for foreign scientists with "exceptional talent" to attract biotechnology businesses to invest in London, Oxford, and Cambridge.
• Immigration consultants in Canada are targeting foreign workers looking for jobs in the country’s temporary visa program amid growing scrutiny over the hiring of low skilled foreign workers through the program.
• The Council of the European Union announced that nationals of 20 countries, including Colombia, Peru and the UAE, will become visa-exempt for travel to Europe.

 

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