Fragomen Immigration Update: November 26 - December 5, 2014

This week in global immigration news, the Canadian government released new operational details on the Express Entry program that will overhaul the management of the permanent residence process for economic class immigrants. Applicants will be ranked based on a comprehensive points system that considers certain eligibility factors.

The French government is implementing new work permit application forms and significant new documentary requirements beginning January 1, 2015. Work permit applicants may see delays in the preparation of their applications due to the burdensome new documentary requirements. Current work permit application forms will no longer be accepted after January 1, 2015.

India has extended its Tourist Visa on Arrival program to 32 additional countries. Eligible visitors include those traveling to sightsee, visit friends or relatives or to make short medical visits. Business visitors are also eligible for the program.

These items and other news from Australia, Canada, Ecuador, Russia, United Kingdom 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

India, December 3, 2014

Tourist Visa on Arrival Extended to 32 Additional Countries

Visitors eligible for the Tourist Visa on Arrival include those traveling to sightsee, visit friends or relatives or to make short medical visits. Business visitors are also eligible for the program. Applicants must apply for an Electronic Travel Authorization online at least four days prior to arrival and pay the applicable fee.

To view entire article, click here.

Canada, December 2, 2014

Express Entry Program Implementation Details Released

The Canadian government has released new operational details on the Express Entry program that will overhaul the management of the permanent residence process for economic class immigrants. Applicants will be ranked based on a comprehensive points system that considers eligibility factors. Those who are selected and invited to apply for permanent residence can expect to have their applications processed within six months or less.

To view entire article, click here.

France, December 1, 2014

New Work Permit Application Brings Significant Document Requirements

The French government is implementing new work permit application forms and significant new documentary requirements beginning January 1, 2015. Work permit applicants may see delays in the preparation of their applications due to the burdensome new documentary requirements. Current work permit application forms will no longer be accepted after January 1, 2015.

To view entire article, click here.

Other Immigration News This Week

United States: Latest DOL PERM and Prevailing Wage Processing Times – The U.S. Department of Labor reports that, as of December 2, 2014, it was conducting analyst reviews for PERM labor certification applications filed in July 2014 or earlier, and processing audited PERM cases filed in May 2013 or earlier. PERM appeals filed in the government error queue are current. DOL is working on requests for reconsideration of a PERM denial submitted in December 2014 or earlier.

The processing times for PERM prevailing wage determinations are within the agency’s 60-day target time frame. DOL is issuing determinations for PERM prevailing wage requests submitted in October 2014.

Processing times for PERM applications and prevailing wage determinations are available on DOL’s iCERT home page.

United States: USCIS Updates H-2B Cap Count - USCIS reports that as of November 28, 2014, it had received filings on behalf of 15,130 H-2B beneficiaries for the first half of FY 2015. Of these, 12,786 had been approved and 2,344 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.

Australia: Visa Processing for Congolese Nationals Reinstated - The suspension of visa processing has been lifted for nationals of the Democratic Republic of Congo now that the World Health Organization has declared the West African nation Ebola-free, according to an announcement by the Minister for Immigration and Border Protection.

Canada: Visa Requirement Introduced for Nationals of St. Kitts and Nevis - Canada has implemented a visa requirement for nationals of St. Kitts and Nevis due to concerns related to the Citizenship by Investment program. The visa requirement will assist in confirming the identity of St. Kitts and Nevis passport holders and in denying entry to those who would otherwise be inadmissible to Canada. St. Kitts and Nevis citizens can apply online for a visitor visa to travel to Canada or submit a paper application either in person, by mail or courier to any Visa Application Centre (VAC), including the VAC in Port of Spain, Trinidad and Tobago. The current processing time for visitor visas is 14 days.

Canada: Chilean Nationals Now Visa-Exempt in Canada - Chilean nationals can now enter and stay in Canada for up to six months visa-free. This decision is based on a comprehensive assessment that evaluated socio-economic indicators, migration trends, the integrity of travel documents, safety and security issues, border management, human rights and bilateral relations. Chilean citizens who want to work or study in Canada will still need to apply for the appropriate permits, which can be done online.

Ecuador: Temporary Suspension of Work Permit Card Issuance - Employers of foreign nationals under the 12-VI Work Contract Visa will not be issued work permit cards (Carnet Ocupacional), due to a printing problem at the Ministry of Labor. Employers applying for social security numbers for their employees will need to explain the issue to the Ecuadorian Social Security Institute (IESS) and request that the social security number be issued based on the employee’s visa, passport, work contract and work authorization. Foreign nationals on foreign contract and payroll (12-VI Visa based on a Sponsorship Letter) are not affected by this issue. It is not clear when this issue will be resolved.

Russia: Biometric Requirement for Visas Introduced at Some Consulates - Applicants for visas at Russian consulates in the UK, Northern Ireland, Denmark, Myanmar and Namibia and at Vnukovo Airport in Moscow will be required to undergo fingerprinting, according to an order signed on November 24, 2014. These changes are expected to be implemented in the next few weeks. This is the first step toward the implementation of fingerprinting at all Russian consulates and upon entry into Russia for all visa applicants. Applicants from the affected countries should allow extra time for fingerprinting at the time of application.

United Kingdom: Right to Rent Checks Implemented - Starting December 1, 2014, landlords in the West Midlands who fail to check whether prospective tenants are in the country legally will face a £3,000 fine in accordance with the Immigration Act 2014. Landlords can request passports or residence permits as proof of identification and citizenship. If a passport cannot be produced, landlords can request further checks online. The Birmingham, Walsall, Sandwell, Dudley and Wolverhampton areas are the first to require the check. The provision is designed to make it more difficult for immigration law violators to stay in the UK, and it is hoped it will also prevent overcrowded accommodations.

Global Immigration News Links

Determined to avoid a government shutdown, Republicans in the U.S. House of Representatives are planning to pass a spending bill that would only fund the Department of Homeland Security through March of 2015 in an attempt to limit the ability to carry out immigration executive orders.

Republicans are looking to move on immigration legislation next year by sending certain provisions of the last year's comprehensive Senate bill to the President piece by piece.

A Swiss referendum to limit the net immigration rate in Switzerland to 0.2% was rejected with 74.1% of votes in opposition.

UK Prime Minister David Cameron announced a proposal that would make Britain less attractive to immigrants in an attempt to limit immigration from within the EU. In Forbes, Austin Fragomen comments on the anti-immigration movement in the UK amid the global competition for highly skilled and highly educated talent.

Fragomen’s Ian Robinson discusses new UK Home Office guidelines that seek to regulate the assignment of foreign workers to end-client worksites.

Fragomen’s Parisa Karaahmet discusses the U.S. EB-5 investor program and its premise to encourage investment opportunities that boost job creation.

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