Fragomen Immigration Update: May 15 - 22, 2014

In United States immigration news this week, eligible U.S. citizens will be able to apply for the U.S. APEC Business Travel Card, beginning June 12, 2014. 

The United Kingdom Home Office has simplified employment eligibility verification requirements, while fines for noncompliant businesses have increased, effective May 16, 2014. 

As part of subclass 457 visa compliance, Australia’s mandatory superannuation contribution rate will increase on July 1, 2014.

Short-term work authorization applications are now processed by South Africa’s consular posts rather than the Department of Home Affairs and will be adjudicated concurrently with the foreign national’s entry visa application, if a visa is required. 

As a reminder, employers are strongly urged to register for Malaysia’s new e-filing system, which is required before they can complete the initial stage of the employment pass application process. 

These items and other news from Turkey 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 22, 2014

APEC Business Travel Card Now Available to Eligible U.S. Citizens

Eligible U.S. citizens will soon be able to apply for the U.S. APEC business travel card, which provides access to expedited immigration processing at airports in 20 Asia-Pacific Region countries.

To view entire article, click here.

 

Turkey, May 22, 2014

Additional Documentation Now Required for Dependent Residence Permits

Employers will need to plan ahead for new document requirements, including background clearances as well as proof of accommodations, medical insurance, and sufficient financial support, in cases where foreign workers in Turkey will be accompanied by dependent family members.

To view entire article, click here.

 

Malaysia, May 22, 2014

Reminder: Employers Must Register for E-Filing System

Employers are strongly urged and reminded to register for Malaysia’s new e-filing system, which is required before they can complete the initial stage of the employment pass application process. The registration process may take up to two months.

To view entire article, click here.

 

Australia, May 21, 2014

Subclass 457 Visa Compliance: Compulsory Retirement Contribution Rate Increases on July 1

Australia’s mandatory superannuation contribution rate will increase 0.25 percent to 9.5 percent on July 1, 2014. Employers considering reducing the salary component of a foreign national’s total compensation package will need to consider how such a change will affect their obligation to pay at market rate and will need to notify the Department of Immigration and Border Protection of any downward change to the employee’s salary with a new nomination application.

To view entire article, click here.

 

United Kingdom, May 20, 2014

Right-To-Work Checks Simplified, Employer Sanctions Increased

The Home Office has simplified the process that an employer must undertake to verify the work rights of foreign nationals and has increased the maximum civil penalty for employing an unauthorized foreign national to £20,000.

To view entire article, click here.

 

South Africa, May 16, 2014

Streamlined Short-Term Work Authorization Process

Short-term work authorization applications are now processed by South Africa’s consular posts rather than the Department of Home Affairs and will be adjudicated concurrently with the foreign national’s entry visa application, if a visa is required. This change is expected to shorten overall processing times.

To view entire article, click here.

 

Other Immigration News This Week

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 16, 2014, it had received filings on behalf of 24,457 H-2B beneficiaries for the second half of FY 2014. Of these, 21,540 had been approved and 2,917 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.

 

Global Immigration News Links 

• Austin Fragomen and Careen Shannon discuss increased SEC scrutiny of the EB-5 program, and the risks and benefits of the agency’s efforts to root out fraudulent investment opportunities.
• The New York Times reports on an impending U.S. Supreme Court decision that will soon decide the fate of children who “age out” of the immigration system. This case addresses immigrant children listed as dependents on their parent’s immigration application, but who are unable to obtain lawful permanent resident status if they turn 21 before the parent’s application is approved.
• Senator Dick Durbin (D-Illinois) renewed a push for the ENLIST Act, legislation that would grant legal status to young undocumented immigrants who serve in the military, a proposal commonly referred to as. Earlier this week, Representative Jeff Denham (R-California) introduced the ENLIST Act as an amendment to the defense budget bill being considered in the House. However, House Republican leaders moved against allowing any vote on immigration legislation.
• A new report and ranking by the Organization for Economic Co-operation and Development (OECD) showed that Germany is the top destination for migrants after the U.S., driven by “highly educated” immigrants.
• The President of the Dominican Republic has sent a bill to the country’s congress that would allow some children of immigrants and others a path to residency or citizenship.

 

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