Fragomen Immigration Update: May 29 - June 4, 2015
June 5, 2015
This week in immigration news, the United States lifted the designation of Cuba as a state sponsor of terrorism, the next step in normalizing relations between the two countries. Longstanding restrictions on travel and investment with Cuba remain in place, however.
In Canada, the Ontario Ministry of Citizenship, Immigration and International Trade announced the opening of an Express Entry specific provincial nomination program to foreign nationals seeking permanent residence in Ontario.
South Africa inaugurated a new streamlined visa and permit application and renewal service center that is expected to provide registered employers with four-week processing of most visas and immigration applications.
Luxembourg has increased the minimum salary requirement for initial and renewed EU Blue Cards.
In Turkey, the transition of the residence permit application process from police officers of the Migration Directorate to civil officers is causing backlogs and changes in the application process.
These items and other news from Colombia, the European Union, South Africa and Sweden follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, May 29, 2015
U.S. Formally Removes Cuba from the List of State Sponsors of Terrorism, Though Restrictions on Travel and Trade Remain
The U.S. government has taken the next step toward resuming full relations with Cuba, but organizations and individuals must be mindful that limits on travel and investment between the two countries remain in place. Violation of these rules can have significant consequences, including a potential negative impact on the immigration status of non-citizens.
To view entire article, click here.
Canada, June 4, 2015
Express Entry Program Extended to Ontario
The Ontario Ministry of Citizenship, Immigration and International Trade has announced the opening of an Express Entry specific provincial nomination program to foreign nationals seeking permanent residence in Ontario. Ontario has created two new immigration streams that will draw from the Express Entry pool, called the Human Capital Priorities Stream and the French-Speaking Skilled Worker Stream.
To view entire article, click here.
Luxembourg, June 2, 2015
Minimum Salary Increased for Blue Card Program
European Blue Card holders must earn an annual gross salary of at least €71,946. The new salary threshold applies to all initial and renewal Blue Card applications.
To view entire article, click here.
Turkey, June 1, 2015
Transition of Resident Permit System Creates Online Renewal Process; Causes Backlogs
Foreign nationals filing residence permit applications may see long lines and backlogs at the Migration Directorate office due to the transition of the residence permit application process. Additional process changes include more in-person requirements for initial and dependents’ Residence Card applicants and the elimination of in-person filings for most renewals.
To view entire article, click here.
South Africa, May 29, 2015
Premium Processing Service to Streamline Applications
Employers registered under Corporate Account status can utilize a new streamlined visa and permit application and renewal service center that opened in Sandton. The center is expected to provide four-week processing of most visas and applications.
To view entire article, click here
Other Immigration News This Week
United States: Latest PERM Processing Times – As of May 4, 2015, the Department of Labor (DOL) was conducting analyst reviews for PERM applications filed in November 2014 or earlier and processing audited cases filed in November 2013 or earlier. The queue for reconsideration of PERM denials due to government is current. DOL is working on standard reconsideration requests submitted in March 2015 or earlier. PERM processing times are available on the iCERT home page.
United States: DHS Proposes Expanding Pre-Flight Inspection to Nine Countries – The Department of Homeland Security (DHS) Secretary Jeh Johnson announced plans to expand pre-flight inspection (PFI) to international airports in Belgium, the Dominican Republic, Japan, the Netherlands, Norway, Spain, Sweden, Turkey and the United Kingdom.
The PFI program allows foreign nationals traveling to the United States to undergo immigration inspection and clearance before they board a flight bound for the United States. Pre-flight inspection stations are currently in operation in Aruba, the Bahamas, Bermuda, Canada, Ireland and the United Arab Emirates.
United States: DHS Extends TPS for Somalia – The Department of Homeland Security (DHS) has extended the designation of Somalia for Temporary Protected Status (TPS) for 18 months, from September 18, 2015 through March 17, 2017.
Current Somalia TPS registrants will have from June 1, 2015 through July 31, 2015 to re-register. USCIS will issue new EADs with a March 17, 2017 expiration date to eligible Somalia TPS beneficiaries who timely re-register and apply for EADs under this extension. There is no automatic extension of existing EADs.
Re-registration is limited to persons who have previously registered for TPS under the designation of Somalia and whose applications have been granted. Certain nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) 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 May 1, 2012, and continuous physical presence in the United States since September 18, 2012.
Colombia:Indefinite-Validity Resident Visa Holders Must Obtain New Visas – Foreign nationals holding a Resident Visa with indefinite validity (which were issued prior to Colombia's immigration changes in July 2013), have until June 30, 2015 to obtain a new Resident Visa valid for five years. Upon obtaining a new Resident Visa, foreign nationals must also complete visa registration and request a new identification card (cédula de extranjería), which will be issued within approximately one to two weeks of registration. The identification card will have the same validity period as the Resident Visa. After five years, the foreign national can either renew the visa indefinitely or apply for Colombian citizenship.
European Union: European Commission Conducting Public Consultation on EU Blue Card Scheme – As part of the European Agenda on Migration, the European Commission is opening a public consultation on the EU Blue Card and the EU's labor migration policies through August 21, 2015. The purpose of the consultation is to gather opinions from employers, foreign nationals, governmental organizations, trade unions, NGOs and employment agencies, among others, to address the shortcomings of the scheme and to make it more effective and attractive. The EU Blue Card scheme was adopted in 2009 and is designed to provide non-EU nationals with higher professional qualifications with a single entry and residence process throughout the EU. Fragomen, as an appointee to the Expert Group on Economic Migration, has provided feedback and proposed suggestions for legislative change based on the business needs of clients.
South Africa: Rules Regarding Minors' Birth Certificates/Affidavits Clarified – The Department of Home Affairs has issued a clarifying statement regarding the previous announcement that unabridged birth certificates are required for children's passport and travel document applications in South Africa. The statement outlines, among other clarifications, that minors who left the country before June 1, but returned after June 1, are not required to travel with an unabridged birth certificate.
If required, parental travel affidavits must be dated within four months of the first arrival or departure date. An affidavit may be required when a minor is traveling with one parent who is neither divorced from the other parent nor widowed, or where the parents are divorced and the traveling parent has specific parental rights or legal guardianship. The affidavit will still be valid for the departure or return in relation to the same journey regardless of the duration of the journey. Foreign nationals required to provide a travel affidavit should contact their immigration professional to discuss other important related restrictions and rules.
Sweden: Immigration Application Delays Expected During Summer Months – The Swedish Migration Board has announced that they will be working with a reduced staff from mid-June through August and that applicants should expect delays in receiving approvals for any immigration applications. Applicants should submit applications in advance of this time to avoid delays and should account for delayed start dates that may result from delayed application approvals.
Global Immigration News Links
The House of Representatives voted to block the Obama Administration from defending a lawsuit challenging its executive actions on immigration. House GOP members are planning to introduce a bill provision to block funding for the creation of a new U.S. embassy in Cuba and to direct the Secretary of State to deny visas to certain Cuban nationals.
If elected, Democratic presidential candidate and former Maryland governor Martin O’Malley plans to take up immigration reform in the first one hundred days of his administration.
The United States seeks to boost international visits to a 100 million annually by expanding the visa waiver program and decreasing visa wait times, USA Today reports.
Newark, New Jersey is the latest major U.S. city to launch a municipal identification program that will be open to all residents, regardless of their immigration status.
