Fragomen Immigration Update: October 16 - 22, 2015
October 23, 2015
In United States immigration news this week, USCIS confirmed that it will accept adjustment applications in November from foreign nationals with a priority date that makes them eligible for application filing according to the State Department's November Visa Bulletin. Also in the United States, the Department of Homeland Security (DHS) proposed a broader STEM OPT program with significant new obligations for employers. DHS is seeking public feedback on the proposed regulation, with comments due on November 18, 2015.
The newly-elected Liberal Party of Canada is likely to make family reunification one of its core immigration priorities, which should lead to a focus on streams that currently allow Canadian citizens and permanent residents to sponsor spouses, parents and grandparents. Effective October 26, employers in Canada will be required to use a new electronic system to submit labor market impact assessment-exempt applications. The previous form will be accepted until November 21, 2015.
In the United Kingdom, nurses will be temporarily added to the Tier 2 (General) Shortage Occupation List. Also in the United Kingdom, Right to Rent Checks will be in effect across England starting February 1, 2016. Residential landlords may face a fine if they do not verify prospective tenants' status documents before renting out property.
In Israel, a new Entrepreneur High-Tech visa will be available to certain foreign workers at preapproved technology companies. A call for proposals will be issued for local companies interested in participating in the program.
In Indonesia, the Ministry of Manpower has further clarified the changes to work-permit related rules, which were proposed earlier this year in an effort to protect the local workforce.
A proposed law in Luxembourg would ease naturalization eligibility rules by lowering the requisite residency requirement and the language test score.
These items and other news from the European Union, Israel, Kazakhstan, Slovakia, Spain and Turkey follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, October 16, 2015
DHS Proposes Broader STEM OPT Program with Significant New Obligations for Employers
If DHS's proposed regulation is implemented as written, it would expand the optional practical training extension program to benefit more foreign students with U.S. STEM degrees and the employers who seek to hire them. But employers would face a complex application process and heavy compliance obligations during the OPT extension period.
To view entire article, click here.
United States, October 16, 2015
USCIS Confirms Acceptance of Adjustment Applications from Filing-Eligible Foreign Nationals in November
Foreign nationals who have a priority date that makes them eligible for application filing under the November Visa Bulletin will be able to submit applications for adjustment of status and related travel and work benefits to USCIS next month, the agency has announced.
To view entire article, click here.
Slovakia, October 22, 2015
Foreign Police Office Experiencing Delays
Foreign nationals seeking to apply for Residence or Single Permits with the Foreign Police office in Bratislava have been experiencing long waits and significant delays due to the reduced hours the office is open for submission of such applications. As of October 1, Residence Permit applications, Single Permit applications and biometrics can be submitted on Mondays, Wednesday and Fridays, however Tuesday is reserved for biometrics only.
To view entire article, click here.
Canada, October 21, 2015
Mandatory Electronic System for Labour Market Impact Assessment-Exempt Applications Forthcoming
On or after October 26, 2015, employers will be required to register online and submit Offers of Employment for Labour Market Impact Assessment-exempt foreign workers using a new electronic system. Citizenship and Immigration Canada will accept the previous form (IMM 5802) until November 21, 2015.
To view entire article, click here.
Israel, October 21, 2015
New Visa Category Introduced for Preapproved Technology Companies
A new visa category called the Entrepreneur High-Tech visa will be available to certain foreign workers that arrive in Israel to work at one of twelve established and preapproved technology companies that qualify for the program. A call for proposals will be issued for local companies interested in participating in the program. The visa likely will not require company sponsorship and there will be no minimum salary.
To view entire article, click here.
Luxembourg, October 21, 2015
Relaxed Citizenship Eligibility Rules Proposed
A proposed law would ease naturalization eligibility rules by lowering the residency requirement from seven to five years and reducing the required language test score. New groups of foreign nationals would also be eligible for citizenship without taking a civics or language test.
To view entire article, click here.
Indonesia, October 21, 2015
Further Clarifications to Work Permit-Related Rules
The Ministry of Manpower has further clarified the changes to the work permit application process and other practical changes to the work permit rules, which were proposed in an effort to protect the local workforce. Most of the proposed rules were implemented, including the 10:1 ratio of local to foreign workers, new short-term work permit categories and the elimination of the work permit recommendation step from the work permit process.
To view entire article, click here.
United Kingdom, October 20, 2015
Right to Rent Checks In Effect Across England Starting February 1, 2016
Right to Rent Checks will be in effect across England starting February 1, 2016. Residential landlords may face a fine if they do not check and copy prospective tenants' documents to ensure they are legally present in the country before renting out property.
To view entire article, click here.
Canada, October 20, 2015
Federal Election Likely to Shift Immigration Focus to Family Reunification
The newly-elected Liberal Party of Canada has stated in its platform that it intends to make family reunification one of its core immigration priorities, which should lead to a focus on streams that currently allow Canadian citizens and permanent residents to sponsor spouses, parents and grandparents. The new compliance regime will remain unaffected by the election and the Employer Monetary Penalties are still set to take effect on December 1, 2015.
To view entire article, click here.
Turkey, October 20, 2015
Work Permit Approvals Delayed
Many foreign nationals submitting work permit applications during the past month have experienced unusual delays. Those seeking to work in Turkey are advised to submit work permit applications as early as possible to account for the delays.
To view entire article, click here.
United Kingdom, October 16, 2015
Nurses to be Added to Tier 2 (General) Shortage Occupation List
Nurses will be temporarily added to the Shortage Occupation List, which will reduce the monthly number of Tier 2 (General) Restricted Certificates of Sponsorship available for other occupations.
To view entire article, click here.
Other Immigration News This Week
European Union:Residence Permit Statistics for 2014 Show Slight Overall Decline – A Eurostat study shows that in 2014, 2.3 million initial residence permits were issued in the European Union to non-EU citizens, with the most permits issued to nationals from the Ukraine, United States, China and India. The overall amount of residence permits was down 2.2% from 2013 and 9% compared with 2008. Almost a third of initial residence permits were issued for family reasons, a quarter each for employment and other reasons and a fifth for education.
Israel: Approval of Work Permit Extensions Beyond 63 Months Has Resumed – The recent halt of extensions of B-1 visas and work permits beyond 63 months has ended following a settlement by the Ministry of Finance and the Ministry of Economy. Although no public announcement has yet been made, work permits beyond 63 months have been reported approved. Fragomen worked closely with Kan-Tor & Acco Law Firm (Israel) to prepare this update.
Kazakhstan: In-country Extensions for Visa-Exempt Foreign Nationals Halted – Local immigration police departments are no longer accepting in-country visa extension applications from foreign nationals who entered Kazakhstan under an established visa-free regime. Therefore, visa-exempt foreign nationals seeking an extension of stay will have to leave Kazakhstan and apply for visas at Kazakhstani consulates. Although this practice is predominantly in place in Astana, it is likely to be applied in other regions. Affected clients should consult with their Fragomen immigration professional.
Spain: New Citizenship Requirements Introduced – A law introduces new requirements for foreign nationals applying for Spanish citizenship. These are a score of A2 on a Spanish language test (the exact fee will be determined at the time of the test but is approximately EUR 124), a civics test (which costs EUR 85) and an application fee of EUR 100. Nationals of South American countries are exempt from the language exam. The exams will be managed by the Instituto Cervantes. Additionally, the Ministry of Justice has implemented an online platform on which citizenship applications can be submitted.
Global Immigration News Links
Representative Paul D. Ryan (R-WI) announced that he would run for House Speaker, with the condition that his Republican colleagues unite and agree to several demands, the issue of immigration, however, might be a potential deal-breaker.
The Senate blocked an immigration crackdown bill co-sponsored by Senators Ted Cruz (R-TX) and Marco Rubio (R-FL) which sought to strip federal grants for sanctuary jurisdictions that do not cooperate with federal authorities on immigration enforcement and impose new penalties on those who re-enter the United States without proper paperwork.
Recent research highlights immigration’s positive effect on overall national wages.
The New York Times Editorial Board proposes retiring the term “alien,” which was codified into the landmark 1952 bill that remains the basis of America’s immigration system, noting that words, and their evolution, play an important role in policy debates.
Forbes discusses ten steps the Canadian Prime Minister-elect Justin Trudeau can take immediately to improve the country’s immigration system.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen.
© 2015 Fragomen
