Fragomen Immigration Update: November 7 - 13, 2014

This week in immigration news, the United States and China have concluded a reciprocal agreement to grant longer visa validity to business visitors, students, exchange visitors and tourists between the two countries. 

Also in the United States, the immigrant visa cut-off for EB-3 will advance by five months for China and most other countries, though EB-3 India will move ahead by just one week, according to the December 2014 Visa Bulletin. EB-2 India will not advance, while EB-2 China will advance by three weeks. 

With the approach of the holiday season, foreign nationals in the United States who are planning to travel internationally should be aware of their immigration obligations. 

Venezuelan MERCOSUR visa applications to Colombia that have not been approved as of November 10, 2014 will be denied until further notice. The temporary suspension comes as a response to Venezuela failing to develop a MERCOSUR visa option for Colombians. 

British nationals in the United Kingdom facing passport processing delays, including those with imminent travel plans, may be eligible for free expedited processing. Overseas applicants can extend their passports at UK consulates, but this emergency measure and others may soon be cancelled. 

Costa Rican employers must ensure that their foreign employees remain in status during their employment, and that employees comply with registration and cancellation rules, as foreign nationals who are out of status may be subject to overstay fines. Also in Costa Rica, employees of accredited companies can now submit offer letters from abroad in support of their Temporary Residence permits. 

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

 

Important Updates in Immigration This Week

United States, November 13, 2014

Holiday Travel Planning for Foreign Nationals

If you will be traveling internationally during the upcoming holiday season, make sure that you have all the necessary documents, including a passport with sufficient remaining validity, a valid visa in the appropriate classification, and advance permission to travel where necessary. If you will need to apply for a visa while you are abroad, be prepared for possible delays in visa issuance. On reentry to the United States, you should expect thorough screening at the port of entry.

To view entire article, click here.

 

United States/China, November 12, 2014

United States and China Extend Visa Validity for Business Visitors, Tourists and Students

The United States and China have concluded a reciprocal agreement to grant longer visa validity to business visitors, students, exchange visitors and tourists between the two countries. Effective immediately for both countries, new business and tourist visas will be valid for ten years and new student and exchange visas will be issued for up to five years, eliminating the need for annual renewals.

To view entire article, click here.

 

United States, November 7, 2014

December 2014 Visa Bulletin: Advancements for EB-3 China and Worldwide

EB-3 will advance to June 1, 2010 for China and to November 1, 2012 for most other countries, though EB-3 India will move ahead by just one week. The cutoff date for EB-2 India will remain at February 15, 2005, while EB-2 China will advance by three weeks to January 1, 2010.

To view entire article, click here.

 

Costa Rica, November 13, 2014

Visa Overstays Now Subject to New Fines

Foreign nationals in Costa Rica who are out of status may be subject to overstay fines. As such, Costa Rican employers must ensure that their foreign employees remain in status during their employment, and that employees comply with registration and cancellation rules.

To view entire article, click here.

 

Costa Rica, November 13, 2014

Temporary Residence Permit Applicants Can Submit Offer Letters From Abroad

Employees of accredited companies can now submit offer letters from abroad in support of their Temporary Residence permits. Prior to this change, foreign workers had to either travel to Costa Rica to submit work contracts in country, or go through complicated authentication and legalization requirements to comply with the rule.

To view entire article, click here.

 

Colombia, November 13, 2014

MERCOSUR Visa Temporarily Suspended for Venezuelan Nationals

Venezuelan MERCOSUR visa applications to Colombia that have not been approved as of November 10, 2014 will be denied until further notice. The temporary suspension comes as a response to Venezuela failing to develop a MERCOSUR visa option for Colombians.

To view entire article, click here.

 

United Kingdom, November 11, 2014

Amid Passport Processing Slowdown, Expedite Options Available In-Country

British nationals in the UK facing passport processing delays, including those with imminent travel plans, may be eligible for free expedited processing. Overseas applicants can extend their passports at UK consulates, but this emergency measure and others may soon be cancelled.

To view entire article, click here.

 

Indonesia, November 11, 2014

Stricter Documentary Requirements for Work Permit Recommendation Applications

A new regulation requires sponsoring employers and foreign employees submitting work permit recommendation applications (TA.01) to stamp CVs and education certificates, and sponsoring employers to endorse reference letters, among other changes. The new rule is effective immediately.

To view entire article, click here.

 

Other Immigration News This Week

United States: Latest PERM and PWD Processing Times - As of November 7, 2014, the Department of Labor was conducting analyst reviews for PERM applications filed in June 2014 or earlier and processing audited cases filed in April 2013 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in November 2014 or earlier. 

The processing times for PERM prevailing wage determinations (PWDs) are within the 60-day target timeframe. DOL is issuing determinations for prevailing wage requests submitted in September 2014. 

PERM processing times are available on DOL’s iCERT home page. 

Argentina/Kazakhstan: Reciprocal Visa Exemption Agreement to Be Implemented - A visa agreement between Kazakhstan and Argentina is expected to be implemented in the near future, allowing foreign nationals from each country to visit the other country for 30 days. Argentina would be the first Latin American country to enjoy visa-free entry to Kazakhstan, which is actively working to ease visa requirements with other countries in Latin America and Asia. 

Azerbaijan: Foreign Registration Deadline Is Extended - Effective immediately, foreign nationals staying in Azerbaijan for more than ten calendar days must register with the State Migration Service within ten calendar days of their arrival. Previously, registration was required within three days of arrival. To register, foreign visitors must submit documents confirming their address in Azerbaijan. A foreign national’s host entity or hotel may complete the registration process on his or her behalf. The SMS will accept registration documents by email, mail, or in person. Currently, there is no fee to register. 

Germany: Immigration Fraud Scheme Targets Foreign Nationals - Foreign nationals in Germany are the targets of an immigration-related fraud scheme. Unknown individuals posing as immigration officers call foreign nationals and claim that they have provided false information to immigration authorities. The callers claim that fines are owed and demand payment. Foreign nationals are strongly urged not to give or confirm any personal details if they receive such a call, as German immigration authorities do not use the telephone to notify foreign nationals of immigration problems or require payment by phone. Foreign nationals who receive suspicious calls should immediately report to the police and the German Federal Office for Migration and Refugees. 

Indonesia: Grace Period for Departure Is Reduced - Foreign nationals departing Indonesia upon completing their work assignment will now receive an Exit Permit Only (EPO) valid for seven days, down from 14 days. Though the Indonesian immigration agency has not formally announced the change, the shortened EPO validity period has been implemented in practice. Once the foreign worker’s assignment ends, his or her MERP (Multiple Exit and Re-entry Permit) - issued to work permit holders with a permit validity of more than six months - is cancelled and the worker is issued an EPO. Failure to exit Indonesia within the seven-day grace period may result in overstay penalties.

 

Global Immigration News Links 

• As President Obama’s self-imposed deadline for executive action approaches, technology firms press for expansion of skilled worker visas under the executive order. Bloomberg Politics analyzes the President’s potential executive actions and responses from Congress. The Hill discusses how Congress could block executive action on immigration.
• According to Fox News, executive action on immigration from President Obama is expected as early as next week.
• The Chicago Tribune opines that there needs to be cooperative action between Congress and the President if immigration reform is going to be lasting.
• The Washington Times reports that the U.S Department of Homeland Security is working to implement an automated system that would notify local and state authorities when a foreign national with a serious criminal history is released from detention.
• The European Court of Justice ruled that EU members may limit welfare benefits to immigrants.
• As more immigrants are scaling tall border fences into two Spanish enclaves, the Spanish government is attempting to declare a security perimeter around the fences that would allow for immediate deportation.

 

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