Fragomen Immigration Update: May 13 - 19, 2016
May 20, 2016
In United States immigration news this week, U.S. Citizenship and Immigration Services has determined that it will only accept employment-based adjustment applications next month from foreign nationals with a priority date that is current for final action under the State Department's June Visa Bulletin.
The U.S. Court of Appeals for the District of Columbia Circuit dismissed a technology worker union’s challenge to the Department of Homeland Security’s 2008 STEM OPT regulation, shortly after implementation of the new STEM OPT regulation. Also, the FY 2016 H-2B cap was reached on May 12.
Foreign nationals in Canada affected by the Alberta wildfires are eligible for a replacement travel document until August 3, 2016. In its 34th Express Entry draw, Immigration, Refugees and Citizenship Canada invited fewer candidates than in the last round to apply for permanent residence.
A new law in Mexico expands the business, tourist and transit visa exemption for up to 180 days to visa nationals with a Canadian, Japanese, Schengen or UK visa, effective immediately, and to visa nationals who are permanent residents of Chile, Colombia or Peru effective July 1.
The implementation of a planned Azerbaijan quota system has been delayed.
The Hong Kong Immigration Department will use stricter adjudication standards for market level remuneration and local worker recruitment rules and implement other recommendations as a result of an audit.
These items and other news from Brazil, Italy and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, May 19, 2016
FY 2016 H-2B Cap Is Reached
USCIS has received enough H-2B petitions to exhaust the FY 2016 cap. The agency will not accept any further H-2B petitions for employment start dates in FY 2016 unless they are exempt from the cap, but it continues to accept petitions for H-2B employment in FY 2017, which begins on October 1, 2016.
To view entire article, click here.
United States, May 18, 2016
June Visa Bulletin Update: USCIS to Honor Employment-Based Final Action Dates Only Next Month
In June, USCIS will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department's June Visa Bulletin.
To view entire article, click here.
United States, May 13, 2016
D.C. Circuit Court Dismisses Appeal Challenging 2008 STEM OPT Rule
A federal appeals court has dismissed the Washington Alliance of Technology Workers' challenge to the Department of Homeland Security's 2008 STEM OPT regulation. The ruling comes shortly after the implementation of a new STEM OPT regulation, which now allows certain F-1 students to apply for a 24-month STEM OPT extension.
To view entire article, click here.
Mexico, May 18, 2016
Exemptions for Visa Nationals Expanded
A new law exempts visa nationals who hold a Canadian, Japanese, Schengen or UK visa from business, tourist and transit visa requirements for up to 180 days, effective immediately. Additionally, visa nationals who are permanent residents of Chile, Colombia or Peru will be exempt from business, tourist and transit visa requirements for up to 180 days on or after July 1, 2016.
To view entire article, click here.
Canada, May 18, 2016
Latest Express Entry Draw Invites Fewer Candidates
Immigration, Refugees and Citizenship Canada will invite 763 candidates to apply for permanent residence in its most recent Express Entry draw, which ends tomorrow. The minimum qualifying score for this draw is 484.
To view entire article, click here.
Canada, May 18, 2016
Foreign Nationals Affected by Alberta Wildfires Eligible for Replacement Travel Documents
Foreign nationals affected by the wildfires who are awaiting the receipt of a Canadian travel document should call 1-800-567-6868 to confirm the pick-up location or to provide an alternate mail location. Foreign nationals whose Canadian travel document was lost, damaged or destroyed as a result of the wildfires are eligible for a free replacement until August 3, 2016.
To view entire article, click here.
Azerbaijan, May 13, 2016
Work Permit Quota System Implementation Delayed
The implementation of the quota system that was planned for Azerbaijan has been delayed. Quota requests will be accepted on or after May 15, 2016. A new online system that will announce the quotas is expected to be available on July 16, 2016 through the State Migration Authority's website.
To view entire article, click here.
Hong Kong, May 13, 2016
Visa System Review Expected to Result in Stricter Standards and Reduced Processing Times
The Hong Kong Immigration Department plans to use stricter adjudication standards for market level remuneration and local worker recruitment rules, reduce application processing times and implement other recommendations a result of an audit. Although there has not been a formal announcement of the implementation of these recommendations, employers should be prepared for stricter adjudication standards in effect immediately.
To view entire article, click here.
Other Immigration News This Week
United States: DHS Extends Honduras and Nicaragua TPS – The Department of Homeland Security (DHS) has extended the designation of Honduras and Nicaragua for Temporary Protected Status (TPS) for eighteen months, from July 6, 2016 through January 5, 2018.
Current Honduras and Nicaragua registrants will have from May 16, 2016 through July 15, 2016 to re-register. USCIS will issue new EADs with a January 5, 2018 expiration date to eligible Honduras and Nicaragua TPS beneficiaries who timely re-register and apply for EADs under this extension. DHS recognizes that not all re-registrants will receive new EADs before their current EADS expire on July 5, 2016. Accordingly, DHS will automatically extend the validity of EADs issued under the TPS designation of Honduras and Nicaragua for six months, through January 5, 2017. For Form I-9 employment eligibility verification purposes, through January 5, 2017, employers may accept a TPS-related EAD with a July 5, 2016 expiration date, along with a copy of the most recent Federal Register notice extending Honduras and Nicaragua TPS.
Certain nationals of Honduras or Nicaragua (or those having no nationality who last habitually resided in Honduras or Nicaragua) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions if they meet at least one of the late initial filing criteria, and all TPS eligibility criteria (including continuous residence in the United States since December 30, 1998 and continuous physical presence in the United States since January 5, 1999).
Brazil: Change of Status Rules Relaxed; Work Visa Renewal Process Streamlined – Foreign nationals in Brazil under a temporary status (e.g., student, researcher or artist) can now change to a work visa status while in country. Foreign nationals in tourist status may change to student visa status in country.
Additionally, One-Year Technical Visa and Work Contract Visa renewal applications can now be filed on the Ministry of Labor's new electronic system, which should reduce application processing times. Work Contract Visa holders must normally apply for permanent residence prior to the expiry of the two-year visa; however, Work Contract Visas can be renewed if the original visa was granted for less than the maximum two-year period.
Italy: Same-Sex Spouses Likely to Become Eligible for Dependent Status – The Italian parliament has approved a law recognizing same-sex civil unions. Although the law has yet to be published, it is expected that same-sex partners who are legally married in their home country will be able to qualify as dependents in immigration applications. Previously, only opposite-sex spouses qualified as dependents. A transitional period is likely during the implementation of the law. Affected foreign nationals should contact their immigration professional to discuss the impact of this change on their immigration applications. Fragomen will provide further information when it becomes available.
Global Immigration News Links
Despite efforts to drive Americans toward science, technology, engineering or mathematics graduate degrees, a study finds that more of the U.S. STEM workforce may be coming from overseas.
Experts question the feasibility of presumptive GOP presidential nominee Donald Trump’s plan to build a wall along the U.S.-Mexico border.
The UK’s referendum on EU membership, due to take place on June 23, will test voters’ opinions on immigration.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
