Fragomen Immigration Update: May 8 - 15, 2014

In United States immigration news this week, the Department of Homeland Security published a long-awaited proposed regulation that will, if implemented, allow the H-4 spouses of certain H-1B foreign nationals to seek work authorization. A separate proposal would extend the work authorization of E-3 and H-1B1 employees awaiting the approval of a timely-filed extension petition. Employment authorization will not become available to affected foreign nationals until the proposed rules complete the federal review and approval process, which could occur by the end of this year.

The U.S. State Department has selected the winners of the FY 2015 Diversity Visa Lottery. Lottery registrants must visit a dedicated State Department website to learn whether they were selected. Winners are eligible to submit an application for permanent residence in FY 2015, which begins October 1, 2014.

In the United Arab Emirates, employers in the Dubai TECOM free trade zone have until June 10, 2014 to notify authorities of changes in their foreign employee workforce data. Failure to do so may result in TECOM freezing an employer’s access to immigration services. In mainland Dubai, all new and renewal Employment Entry and Residence Permit applications from companies with more than five employees will soon have to be filed online using Dubai Immigration’s eDNRD e-services platform.

The Council of the European Union has approved a directive that will harmonize rules for intracompany transferees among most EU member states. In both the Czech Republic and Poland, recently announced immigration reforms include implementation of combined work and residence permits. In Switzerland, work permit requirements remain for EU nationals despite expiration of quota limits.

Foreign nationals seeking to work and reside in the Dominican Republic are now required to submit their residence permit applications within 30 days of entering the country.

These items and other news from Azerbaijan, Canada 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 15, 2014

State Department Selects FY 2015 Diversity Visa Lottery Winners

Foreign nationals who entered the FY 2015 DV Lottery can visit the official State Department website to learn whether they were chosen to submit an application for permanent residence. This website is the only official listing of lottery winners.

To view entire article, click here.

 

United States, May 9, 2014 (Updated on May 12, 2014)

DHS Proposes Employment Authorization for Certain Spouses of H-1B Nonimmigrants and Others

The proposals would permit work authorization for the H-4 spouses of H-1B foreign nationals with long-pending employment-based green card cases and grant additional work authorization to E-3 and H-1B1 employees awaiting the approval of timely-filed extension applications. Employment authorization will not be available to affected foreign nationals until the rules receive final approval, which is expected to occur by the end of this year.

To view entire article, click here.

 

European Union, May 15, 2014

EU Lawmakers Approve Plan to Harmonize Immigration Rules for Intracompany Transferees

The Council of the European Union has adopted a directive that will harmonize immigration rules for intracompany transferees in most EU member states and facilitate the transfer of managers, specialists and graduate trainees both into and within the region. EU member states will have two and a half years to implement the directive into their domestic laws from the date it is published in the Official Journal of the European Union, which is expected in the coming weeks.

To view entire article, click here.

 

United Arab Emirates, May 14, 2014

Dubai Begins Mandatory Online Filing for Employment Entry and Residence Permit Applications

Though an implementation date for the e-filing mandate has not been confirmed, companies with five or more employees should register for the online system and begin using it by May 18 at the latest. Online filing will be mandatory in mainland Dubai only; there are no filing changes in Free Trade Zones.

To view entire article, click here.

 

United Arab Emirates, May 13, 2014

TECOM Free Trade Zone Requires Updated Foreign Employee Data

Employers operating in the Dubai Technology, Electronic Commerce and Media (TECOM) free trade zone have until June 10, 2014 to confirm the names and salaries of all currently sponsored foreign employees working in that area. Failure to do so may result in TECOM freezing an employer’s access to immigration services.

To view entire article, click here.

 

Dominican Republic, May 12, 2014

Resident Permit Applications Must be Submitted Within 30 Days of Entry

Employers should plan to file foreign employees’ residence permit applications quickly after entry into the country to avoid delays, in light of a new 30-day filing window.

To view entire article, click here.

 

Czech Republic, May 12, 2014

Combined Work and Residence Permit, Other Reforms to Be Implemented

Foreign nationals seeking to work in Czech Republic under a local employment contract may soon obtain a combined work and residence permit. Employers will no longer be required to submit a separate work permit application to the labor office.

To view entire article, click here.

 

Poland, May 9, 2014

Immigration Reforms Include Implementation of Combined Work and Residence Permits

An immigration reform package that took effect on May 1 introduces a new combined work and residence permit that requires in-person submission of fingerprints. Also part of the immigration reforms are new employer notification requirements and new filing periods for permit renewal applications. Employers should expect temporary processing delays for the next several weeks as the new programs are implemented.

To view entire article, click here.

 

Switzerland, May 9, 2014

Work Permit Requirements Remain for EU Nationals Despite Expiration of Quota Limits

Though quotas are to be eliminated for most EU nationals seeking to work in Switzerland, work permits will still be required. Bulgarian, Croatian and Romanian nationals will continue to require work permits and remain subject to quotas.

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 9, 2014, it had received filings on behalf of 23,621 H-2B beneficiaries for the second half of FY 2014. Of these, 21,036 had been approved and 2,585 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. 

Azerbaijan: Change to Business Visa Validity Periods, Invitation Letter Requirements - Azerbaijan has eliminated one-year, multiple-entry business visas. Business visa applicants now have four options: (1) a multiple-entry visa valid for travel for 180 days that allows for a maximum cumulative stay of 180 days; (2) a multiple-entry visa valid for travel for 90 days that allows for a maximum cumulative stay of 90 days; (3) a single-entry visa valid for travel for 90 days that allows for a maximum stay of 90 days; and (4) a single-entry visa valid for travel for 30 days that allows for a maximum stay of 30 days. 

In addition, business visa invitation letters are now required to bear the Azerbaijani entity's official stamp. Previously, the letters required only a signature from a representative of the inviting entity. In general, a host entity in Azerbaijan must submit a business visa invitation letter for approval to the Ministry of Foreign Affairs. The Ministry then provides a reference number that is submitted with the foreign national’s visa application. The new requirement will add an additional administrative burden for Azerbaijani entities seeking to invite business visitors. 

Canada: Expedited Visa Processing for Select Mexican Nationals – Eligible Mexican nationals applying for Canadian visas will benefit from expedited application processing, now that Canada is making the CAN+ pilot program permanent. To qualify, Mexican nationals must demonstrate that they have traveled to Canada or the United States within the previous 10 years. Mexican visa applicants do not have to request processing under the CAN+ program. Applications are automatically screened for CAN+ eligibility, and those applications meeting program requirements receive expedited processing.

 

Global Immigration News Links 

• President Obama and Senate Democrats continued to push for immigration reform, with the former urging House Republicans to approve most of the Senate-approved legislation, and signaling room for concession on certain aspects. Senate Republicans suggested that movement on immigration reform could occur in the next two years if they take back the Senate in November, citing more room to maneuver the bills and thereby increase chances of approval in the House. The New York Times compares Speaker John Boehner’s likely battle with his party to move immigration reform forward to former Congressman Richard Gephardt’s clash with his party over support for Iraq war.
• Leaders in six western states including Utah, Colorado, and New Mexico held rallies this week calling on Congress to pass immigration reform.
• Chinese citizens accounted for eighty-percent of U.S. investor visas in 2013, more than double the number of visas issued to Chinese investors over the two previous years.
• Immigration from China to New Zealand is at an eleven-year high, with half of Chinese immigrants entering under investor programs. The number of Chinese investors entering New Zealand is expected to increase further if Canada closes its immigrant investor programs, as proposed in its 2014 Economic Action Plan.
• Australia has announced the establishment of a new border agency which will combine operations from the customs and immigration departments.
• Despite predictions of an increase in immigrants to the United Kingdom after visa restrictions were lifted for Bulgaria and Romania, the number of workers from those countries actually declined.

 

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