Fragomen Immigration Update: May 29 - June 6, 2014

In United States immigration news this week, the State Department projects significant advancement in immigrant visa availability for the India EB-2 category beginning in July. The priority date cut-off is expected to advance nearly five years, to an early summer 2009 date, by the September Visa Bulletin.

In Thailand, employment and immigration authorities are operating as usual after the declaration of martial law, with no significant impact on visa and work permit processing. However, foreign nationals traveling to and from the airports during the nationwide nighttime curfew should ensure that their travel documents are in order and ready for inspection, if requested.

In Malaysia, beginning June 15, companies sponsoring foreign nationals for Professional Visit Passes (PVP) must send a corporate representative to appear in person when a PVP application is filed. 

South Africa’s Department of Home Affairs has announced the occupations that will qualify for the new Critical Skills Visa and Permanent Residence Permit. 

Australia will require foreign workers engaging in offshore resources activities to obtain employment authorization, effective June 30, 2014. 

These items and other news from Greece, Italy, Russia, Saudi Arabia 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, June 3, 2014

State Department Projects Significant Movement for EB-2 India in the Coming Months

The priority date cut-off for EB-2 India is projected to advance by nearly five years, to an early summer 2009 date, by the September Visa Bulletin.

To view entire article, click here.

 

Australia, June 4, 2014

Work Authorization To Be Required for Offshore Work

All foreign nationals engaged in offshore resource activities will require a prescribed visa granting employment authorization, effective June 30, 2014.

To view entire article, click here.

 

Saudi Arabia, June 4, 2014

New Temporary Restrictions for Visit Visas Begin July 1, 2014

Family visit visa holders in Saudi Arabia will not be allowed to extend their stays between July 1 and October 24, 2014. Saudi consular posts will also limit the number of new family, commercial, and work visit visas issued during this period.

To view entire article, click here.

 

South Africa, June 4, 2014

List of Occupations Qualifying for Critical Skills Visa Published

Over one hundred occupational categories qualify for the Critical Skills Visa. There are no limits to the number of applications that will be accepted for each occupation.

To view entire article, click here.

 

Thailand, May 30, 2014

Important Immigration Information in Light of Martial Law Declaration

A week after the declaration of martial law, Thai employment and immigration authorities are operating as usual with no significant impact on visa and work permit processing. Foreign nationals traveling to and from the airports during the nationwide curfew from 10pm to 5am should ensure that their travel documents are in order and ready for inspection, if requested.

To view entire article, click here.

 

Malaysia, May 30, 2014

Professional Visit Pass Applications to Require In-Person Visit by Corporate Representative

Beginning June 15, companies sponsoring foreign nationals for Professional Visit Passes (PVP) must send a corporate representative to appear in person when the application is filed.

To view entire article, click here.

 

Other Immigration News This Week

United States: Third-Country National Visa Appointments Unavailable at U.S. Posts in Canada This Summer – As we have previously reported, the Department of State has confirmed that third-country national (TCN) processing will not be available at any U.S. consular post in Canada from June to August 2014, except in emergency situations. TCN applicants with appointments already scheduled at a post in Canada during these months will not be affected. 

The suspension will primarily affect foreign nationals who seek to renew a visa in Canada rather than travel to their home country. Appointments are expected to be available to foreign permanent residents of Canada, however. 

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: USCIS Now Accepting DACA Renewal Applications – The first expirations of Deferred Action for Childhood Arrivals (DACA) will occur in September 2014; and USCIS recommends filing DACA renewal and Employment Authorization Document (EAD) applications during the 150- to 120-day window before the deferral expiration. The renewals will be valid for up to an additional two years. Effective June 5, 2014, the new Form I-821D, which covers both initial and renewal applications, must be used or the applications will be rejected and returned. Employers with employees working pursuant to expiring DACA EADs will need to re-verify the employees’ U.S. employment eligibility. 

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 30, 2014, it had received filings on behalf of 24,704 H-2B beneficiaries for the second half of FY 2014. Of these, 22,737 had been approved and 1,967 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. 

Greece: Electronic Payment Required for Government Fees – All government fees for residence permit applications must now be submitted electronically in advance of filing. Permit applicants must have either a credit card or a tax number and code to use the government’s e-payment system. The requirement has been delaying case filings due to technical difficulties with the electronic payment system. 

Greece: New Law to Streamline Short-Term Work Authorization – Greek lawmakers have approved legislation intended to streamline the residence permit process for corporate directors and managers and for intra-EU transferees. Details of the new measure are not yet available. Fragomen is seeking clarification regarding the legislation and its implementation and will distribute additional updates and guidance in the near future. 

Italy: New Start-Up Visa Program – The Italian Ministry of Foreign Affairs has launched a start-up visa program to attract and retain foreign entrepreneurs seeking to establish a company in Italy. To qualify, foreign entrepreneurs must demonstrate financial resources of at least €50,000, raised through venture capital funds, crowdsourcing, third-party investors, or Italian or foreign government and non-government organizations. The requirements will be relaxed for foreign entrepreneurs who have secured the support of a certified business incubator. A special technical committee established by the Ministry of Industry and Economic Development will evaluate applicant’s proposed start-up companies. Visas issued under the new program will benefit from expedited and streamlined processes. 

Italy: Copy of Residential Lease or Agreement Now Required for Registration – Foreign nationals applying for residency registration in Italy are now required to document that they have the legal right to live at the address indicated in their application. In most cases, applicants are requested to submit a copy of a registered tenancy agreement, a self-declaration signed by the residence’s homeowner, or a declaration of hospitality, if residing in a hotel. 

Russia: Health Screenings Required In Advance of Standard Work Permit Applications – Foreign nationals applying for standard work permits to take up employment in Russia are now required to submit medical screening certificates from a designated clinic in Russia with their applications. Applicants under the Highly Qualified Specialists program are exempt. In practice, this new requirement will mean that standard work permit applicants must travel to Russia on a visitor visa to undergo the medical examination before the personal work permit application can be submitted on their behalf. The applicants must then return home to apply for the visa for work. Previously, the medical test could be undertaken after the permit application was filed and the foreign national had entered the country. 

Russia: Language and Civics Test Requirements for Work Permit Applicants – All work permits applicant will be required to pass a Russian language, history and civics exam, beginning in January 2015. Details of how the exam requirement will be administered are unavailable at this time. Foreign nationals using the Highly Qualified Specialist Program to work in Russia will be exempt from the new requirement. 

Saudi Arabia: Delays and Increased Scrutiny for Dutch Nationals Entering Saudi Arabia – Dutch nationals seeking to enter Saudi Arabia should expect difficulties in the coming months due to diplomatic tensions between the two countries following recent remarks by a Dutch lawmaker. Visa applications will likely be subject to increased scrutiny, long processing times, and potential rejections. There has been no official statement that Dutch nationals are prohibited from entering the country, and we anticipate that some visa applications may be accepted at the discretion of the Saudi Arabian General Directorate of Passports and the Ministry of Labor.

 

Global Immigration News Links

• A report by the Partnership for a New American Economy asserts that H-1B visa denials have slowed economic growth and hampered the U.S. tech industry.
• The New York Times reflects on the recent surge of undocumented minors, mainly from Central America, attempting to cross into the United States.
• The rising number of asylum seekers trying to enter the European Union appears to have played a part in the European Parliament elections, with right-wing populist parties seeking to curb immigration gaining popularity.
• The influx of immigrants into New Zealand has not yet produced a backlash, as the two major political parties have encouraged immigration.
• China is considering a plan to ease its permanent residency rules to attract more foreign workers by making the application process simpler and more flexible.
• More than 1,300 wealthy Chinese citizens have joined a lawsuit against Canada’s immigration authorities over its plan to terminate the Immigrant Investor Program and terminated applications.

 

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