Fragomen Immigration Update: May 8 - May 14, 2015

In the United States, EB-2 China and India will continue to advance, by twelve months and six months respectively. There will be modest EB-3 advancement for most countries, however, the Philippines will continue to retrogress given the surge in demand in prior months.

Employers in Canada will see increased compliance efforts from Employment and Social Development Canada and a new penalty scheme for noncomplying employers. Information pertaining to Express Entry and changes to Canadian citizenship qualifications were also discussed at the Canadian Bar Association’s National Immigration Law Conference.

In Costa Rica, employers may experience delays in the initiation and renewal of immigration applications, Short Stay Permits, residence and change of employer applications as they will no longer be able to schedule appointments the day before they seek to file their applications. Brazilian embassies in the Americas, Africa, Asia-Pacific (including Australia and New Zealand) and Europe are operating with a reduced staff due to a strike of diplomatic employees.

In Ireland, the Trusted Partner Initiative, which was launched on May 12, should streamline the employment permit application process for employers and EEA contractors.

In Israel, foreign nationals with Short Employment Authorizations seeking to change the validity date of their work permit must submit a new application with a government fee of NIS 1,200.

In Singapore, starting June 1, 2015, Employment Pass, S Pass, Work Permit, Dependant Pass and Long Term Visit Pass applicants will be subject to a mandatory online application process that is significantly faster than manual application processing.

These items and other news from Canada, the European Union, Israel, Nigeria, the Philippines, South Africa, United Arab Emirates and the United States follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, May 11, 2015

June 2015 Visa Bulletin: Significant Advancement for EB-2 China; EB-3 Philippines Continues to Retrogress

EB-2 China and India will continue to advance, by twelve months and six months respectively. There will be modest EB-3 advancement for most countries, however, the Philippines will continue to retrogress given the surge in demand in prior months.

To view entire article, click here.

Ireland, May 13, 2015

Streamlined Employment Permit Application Process Introduced for Employers

The Trusted Partner Initiative, which should streamline the employment permit application process for employers and EEA contractors, was launched by the Department of Jobs, Enterprise and Innovation on May 12. Applicants can fill out an application and obtain Trusted Partner Status, valid for two years.

To view entire article, click here.

 

Israel, May 13, 2015

Short Term Work Permit Changes Require New Application and Fee

Foreign nationals with Short Employment Authorizations (SEA) seeking to change the validity date of their work permit must submit a new application with a government fee of NIS 1,200, according to a notification made to the Working Permit Unit.

To view entire article, click here.

 

Canada, May 13, 2015

Greater Compliance Efforts and Changes to Permanent Residence Discussed at Bar Conference

Throughout the remainder of 2015, employers in Canada will see increased compliance efforts from Employment and Social Development Canada and a new penalty scheme for noncomplying employers. Information pertaining to Express Entry and changes to Canadian citizenship qualifications were also discussed at the Canadian Bar Association’s National Immigration Law Conference last weekend.

To view entire article, click here.

 

Singapore, May 13, 2015

Mandatory Online Application Process Means Faster Processing for Most Work Passes

Employment Pass, S Pass, Work Permit, Dependant Pass and Long Term Visit Pass applicants will be subject to a mandatory online application process starting June 1, 2015, with some limited exceptions. The process is significantly faster than manual application processing. Employers without an Employment Pass Online account should apply for one as soon as possible, since registration can take two to three weeks.

To view entire article, click here.

 

Brazil, May 12, 2015

Strike to Cause Processing and Appointment Delays

Brazilian embassies in the Americas, Africa, Asia-Pacific (including Australia and New Zealand) and Europe are operating with a reduced staff due to a strike of diplomats. In the United States, the Washington D.C. embassy has posted an announcement regarding reduced staff, however others are likely affected. It is unclear how long the strike will last, and foreign nationals should contact their consular post directly to determine the extent of the delays, which could cause application processing times to double.

To view entire article, click here.

 

Costa Rica, May 8, 2015

New Application Appointment Requirement to Cause Delays

Employers applying for immigration petitions will no longer be able to schedule appointments the day before they seek to file their applications. Instead, representatives will be notified of an appointment time through a new electronic appointment system based on the immigration authority’s availability. This is likely to cause delays in the initiation and renewal of immigration applications, Short Stay Permits, and residence and change of employer applications.

To view entire article, click here.

 

Other Immigration News This Week

United States: Apparent Suspension of Third-Country National Visa Appointments at U.S. Consulates in Canada – Though there has been no official announcement, it appears that visa appointments for third-country nationals (TCNs) are unavailable between June and August at U.S. consulates in Canada. A similar suspension occurred at this time last year, when U.S. consulates honored appointments that were booked before the suspension, but only accepted new appointments in emergency situations or from foreign nationals with Canadian permanent residency during the suspension period. Foreign nationals who were planning to apply for a new U.S. visa in Canada this summer should contact their immigration professional to discuss alternatives.

United States: West Virginia Implements Employment Eligibility Verification Rule – Effective July 1, West Virginia will require employers to meet new state employment eligibility verification obligations that conflict with federal law. Under a new state rule, employers in West Virginia will be required to verify the employment authorization of all employees before their first day of employment or before entering into an employment contract with any individual. This conflicts with the federal requirement that all U.S. employers must complete a Form I-9 employment eligibility verification no later than three business days after an employee begins work for pay, and that employers may not pre-screen applicants’ work authorization before an offer and acceptance of a job. Moreover, an employer complying with this provision could potential open itself up to a discrimination claim under federal laws prohibiting unfair immigration-related employment practices.

The West Virginia rule sets forth a list of documents that “shall” be accepted as proof of an employee’s legal employment status, which is not as expansive as the federal requirements. Moreover, some of the documents listed are ambiguous, such as “a valid immigration or non-immigration visa including photo identification” and “a valid permit issued by the United States Department of Justice.” There is, however, a catchall provision permitting employers to accept “any other valid document providing evidence of legal employment status in the United States.”

Lastly, the rule requires employers to maintain each employee’s records for “a period of at least two years after the employee has separated from employment.” This provision could potentially trip up the unwary employer who is not aware of the federal rule that an employer must retain an employee’s Form I-9 for either one year after the date the employee is terminated or three years from the date of hire, whichever is later.

Canada: Electronic Travel Authorization System Forthcoming - Starting March 15, 2016, all visa-exempt nationals (except for U.S. citizens) will be required to register for Electronic Travel Authorization (eTA) to obtain pre-approval for travel to Canada. The application system will be available online as of August 1, 2015. The processing fee for each eTA will be CAD$7. Most travelers will likely be able to receive approval within minutes, and other eTA decisions will likely be made within 72 hours. Individuals who are not approved for an eTA will be given specific guidance on the reason(s) for refusal. Affected foreign nationals who have questions should contact their immigration professional.

European Union/United Arab Emirates: Short-Term Visa Free Travel Agreement Signed Between UAE and EU - The European Union and the United Arab Emirates signed an agreement this week that provisionally allows visa-free travel for stays up to 90 days in a 180-day period for UAE nationals to the Schengen countries and 27 EU nationals (excluding the UK and Ireland) to the UAE. While business, tourism, family and scientific visits will be allowed under this agreement, paid activities (those that require work authorization) will not be. UAE and EU nationals interested in the visa exemption policy should contact their immigration professional.

European Union: European Commission Reveals Plans to Improve EU-Wide Migration and Address Human Trafficking -The European Commission presented a European Agenda on Migration outlining the planned measures to better manage EU-wide migration and to respond to the recent migrant deaths in the Mediterranean. The Commission has developed a set of initiatives that focus on reduced incentives for illegal migration by assessing its causes, strengthened border control efforts by identifying risk trends and faster processing of unfounded asylum claims. The Agenda also sets forth plans to modernize the EU Blue Card scheme by covering entrepreneurs who are willing to invest in Europe and improving the possibilities for intra-EU mobility for Blue Card holders. Fragomen, as part of the expert group of the European Commission on economic migration, will communicate our client's business needs in the implementation of the Agenda and the legislative outcome.

Israel: Government Offices Close for Shavuot - Government offices in Israel will be closed on May 24, 2015 for the Shavuot holiday. No work permits or visa applications will be adjudicated that day. Israeli consular posts worldwide may also close at their discretion. Foreign nationals should account for a slight delay in work permit and visa processing times due to this closure, and should contact their consular post to determine its schedule.

Nigeria: Minor Dependents Require Passport Stamp - Effective immediately, foreign nationals holding a Combined Expatriate Residence Permit and Aliens Card (CERPAC) with minor dependents in Nigeria must obtain a special stamp on dependents' passports at Nigeria Immigration Service (NIS) offices, according to a new rule imposed by the NIS. Minors' passports will be checked at ports of entry and exit to ensure compliance with the new requirement. Foreign nationals whose minor dependents do not have the stamp may not be allowed into or out of Nigeria.

Philippines: Emigration Clearance Available at Airports Upon Departure - A limited set of 9(a) temporary visitor visa holders can now obtain their Emigration Clearance Certificate (ECC) at international airports upon departure. The measure is available to 9(a) visa holders who meet all of the following criteria: (1) they have stayed in the Philippines for at least six months continuously but not more than one year; (2) they have registered under the Alien Registration Program (ARP) and were issued a Special Security Registration Number (SSRN); (3) they are leaving the country within 24 hours and have been issued a boarding pass; and (4) they have no pending obligation with the Philippine government, nor any pending criminal, civil or administrative case in the Philippines. A fee of PHP 1,210 will be collected at the airport, unless paid in advance.

If the foreign national does not meet all the qualifying criteria, he or she will not be allowed to board and must appear at a Bureau of Immigration (BI) office to apply for the ECC, which will delay departure and require a new boarding ticket. To avoid the risk of being rejected for departure for not meeting the criteria, foreign nationals can still obtain their ECC in person when they register for the ARP at a BI office.

Philippines: Medical Certificate Requirement May Delay Work Permit Filings - Effective immediately, visa and work permit applicants from Brazil, Colombia, Indonesia, Nigeria and Vietnam, among other countries, must now obtain a medical certificate from the Bureau of Quarantine (BOQ) before their applications can be submitted to the Bureau of Immigration (BI), according to a rule issued by the BI. Those with pending visa and work permit applications will have 30 days from the date they receive notice to submit their medical certificate to the BI. Any delay in completing this medical certificate requirement may result in filing delays.

The medical exam can be conducted at one of many hospitals or clinics in the Philippines, and the examining doctor in the BOQ may conduct an additional exam. Following the exam, the foreign national must submit the results, along with passport, passport photos, a fee of PhP1,000.00 and other documents at the BOQ's discretion to the BOQ in person. A medical clearance certificate can be obtained on the same day unless the applicant requires further checks. The full list of affected nationals is available as Annex A here. Affected foreign nationals should contact their immigration professional to discuss the application process.

South Africa/United States: Personal Appearance Required for South African Visa Applicants in United States - Effective May 10, 2015, a personal appearance is now mandatory for those filing South African visa applications in the United States, according to an announcement on a South African consular website. Third-party representatives may no longer appear on behalf of visa applicants. Applications can be submitted during submission hours on a first-come first-serve basis. Foreign nationals in the United States seeking South African visas should account for the extra time it will take to obtain a visa, and should contact their immigration professional with any questions.

United Arab Emirates: GCC Residents No Longer Eligible for Visa on Arrival - As of May 15, 2015, residents of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia (GCC countries) will no longer be able to obtain a visa on arrival for the UAE, and must apply online for an e-visa prior to entry. Historically, GCC residents who met the relevant job title and nationality requirements could obtain a visa on arrival valid for a 30-day stay. The proposed e-visa is valid for 60 days and allows stays of 30 days, with an option to extend. Applicants must have a GCC residency that is valid for at least three months and a passport valid for at least six months at the time of entry. Affected GCC residents should contact their immigration professional to discuss eligibility and application options. The deadline may be extended without prior notice, and immigration officials may, at their discretion, continue to issue visas on arrival.

 

Global Immigration News Links

Fragomen’s Enrique Gonzalez and Parisa Karaahmet discuss the recent changes to the EB-5 visas application process and how the Immigration and Nationality Act is designed to ensure that citizens from each country will have a fair shot at an EB-5 visa.

A decision is expected soon from the 5th U.S. Circuit Court of Appeals regarding President Obama's blocked executive action that would grant relief from deportation to about 5 million undocumented immigrants.

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