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Fragomen Immigration Update: November 18 - 22, 2016

November 23, 2016

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In United States immigration news this week, effective November 29, Chinese nationals holding a 10 year B-1/B-2, B-1 or B-2 visitor visa must enroll in the Electronic Visa Update System (EVUS) before traveling to the United States for business or tourism. 

In East Malaysia, companies operating in the oil and gas sector must now obtain preapproval from the Sabah Chief Minister's Department (JKM) prior to submitting a new or renewal Work Pass applications to the Sabah Immigration Department.

These items and other news from Azerbaijan, Panama and the United States follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, November 22, 2016
Reminder – New Visa Update System Takes Effect for Chinese Nationals Beginning November 29

Chinese nationals holding a 10-year B-1, B-2, or B-1/B-2 visitor visa must enroll in the Electronic Visa Update System (EVUS) before traveling to the United States for business or tourism on or after November 29.

To view entire article, click here.

 

East Malaysia (Sabah), November 21, 2016
Oil And Gas Sector Work Pass Applications in Sabah Subject to New Preapproval Process

Effective immediately, companies operating in the oil and gas sector must obtain preapproval from the Sabah Chief Minister's Department (JKM) before being able to submit new or renewal Work Pass applications to the Sabah Immigration Department.

To view entire article, click here.

 

Other Immigration News This Week

United States:Latest PERM & PWD Processing Times – As of November 19, 2016, the Department of Labor (DOL) was conducting analyst reviews for PERM applications filed in August 2016 or earlier and processing audited cases filed in April 2016 or earlier. The government error queue remains current. DOL is working on standard reconsideration requests submitted in October 2016 or earlier.

DOL is issuing prevailing wage determinations (PWD) for PERM and H-1B requests filed in September 2016, and H-2B requests filed in November 2016. The agency has been processing PERM redeterminations requested in September 2016 and H-1B redeterminations requested in August 2016, and PERM and H-1B center director reviews requested in August 2016.

PERM and PWD processing times are available on the iCERT home page.

United States: CBP Extends Validity of New U.S. APEC Business Travel Cards – Customs and Border Protection (CBP) has adopted a final regulation establishing the U.S. Asia-Pacific Economic Cooperation (APEC) Business Travel Card (ABTC) Program.

In following the most recent version of the APEC Framework, effective December 23, 2016, CBP is expanding the validity period for new U.S. ABTCs and removing all references to “suspension” and “suspended” from the program. Those individuals who submit a U.S. ABTC application or renewal request on or after December 23, 2016 will be eligible to receive a U.S. ABTC with a five-year validity period. This change in validity period does not apply to current U.S. ABTC holders, whose cards will remain valid only until the date printed on their card, subject to earlier revocation by CBP. Additionally, in the event that CBP action is necessary to address situations in which an applicant may be suspended or removed from the program, CBP will remove the U.S. ABTC holder from the program.

The U.S. ABTC affords holders access to fast-track immigration processing at participating airports in 21 member countries of the APEC organization. 

Azerbaijan: New Work Site Visit Requirement for First-Time Residence Permit Applicants – Employers in Azerbaijan that are sponsoring foreign workers for Temporary Residence Permits for the first time should expect State Migration Service (SMS) officials to visit their premises to familiarize themselves with the employer's management structure and local corporate set-up. During a site visit, SMS officials may request to review company documents such as work site lease agreements, corporate establishment documents, and evidence of internal procedures. Employers that are sponsoring their first Temporary Residence Permit should work with their immigration service provider to prepare for the SMS site visit.

As the SMS has just recently begun to conduct work site visits, it is not yet known whether the new process will have an impact on the overall immigration processing times in Azerbaijan.  Employers that have an established history of sponsoring Temporary Residence Permits are not subject to the new work site visit requirement.

Panama: Government Closures Due to Tropical Storm – All government offices, including the National Immigration Service and the Ministry of Labor, closed on Tuesday, November 22, due to Tropical Storm Otto. Closures are expected, but not confirmed, for the rest of the week.

 

Global Immigration News Links

Immigration advocates are asking the Obama administration to release thousands of detained Central American women and children who want asylum in the U.S., citing concerns that President-Elect Donald Trump will deport them after his inauguration in January, Bloomberg reports.

In a letter to President-Elect Donald Trump, the Internet Association, a group of tech companies including Google and Facebook, has called for immigration policy reform, among others.

British members of Parliament are calling for immigration guarantees for scientists, the Economist reports.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.

© 2016 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

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