Fragomen Immigration Update: October 3 - 10, 2014

In United States immigration news, the immigrant visa cut-off date for EB-2 India will retrogress by more than four years, to February 15, 2005, according to the November 2014 Visa Bulletin. EB-3 will advance to January 1, 2010, for China and to June 1, 2012, for most other countries except India, which will advance one week, to November 22, 2003. 

In other U.S. news, a new State Department regulation requires exchange program sponsors to undergo annual audits of their operating procedures and to report on the audits, among other new obligations. 

India is granting lifetime validity to Persons of Indian Origin (PIO) and is exempting holders of PIO cards from in-country immigration formalities, according to a recent announcement by Indian Prime Minister Narendra Modi.

These items and other news from Ecuador, Ireland, the Philippines 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

United States, October 9, 2014

November 2014 Visa Bulletin: Major Retrogression for EB-2 India, EB-3 Advancement for Most Countries

As expected, the priority date cut-off for EB-2 India will retrogress by more than four years, to February 15, 2005. EB-3 will advance to January 1, 2010, for China and to June 1, 2012, for most other countries except India, which will advance one week, to November 22, 2003.

To view entire article, click here.

 

United States, October 8, 2014

New J-1 Regulation Requires Annual Audits, Reports to Department of State

A new State Department regulation requires exchange program sponsors to undergo annual audits of their operating procedures and to report on the audits to the Department of State, among other new obligations. The rule takes effect January 5, 2015, though implementation of certain audit requirements will be phased in.

To view entire article, click here.

 

Ecuador, October 7, 2014

Streamlined Work and Residence Visa Introduced for Venezuelan Nationals

Venezuelan nationals are eligible for a new work and residence visa that does not require host company sponsorship, has faster processing times and fewer documentary requirements. Applicants can remain on foreign payroll and under a foreign work contract.

To view entire article, click here.

 

India, October 7, 2014

Immigration Formalities Eased for Persons of Indian Origin

Persons of Indian Origin (PIO) cards now have lifetime validity, which eliminates the need for PIO card holders to renew their cards and exempts PIO card holders from in-country immigration requirements, easing their ability to travel to and work in India.

To view entire article, click here.

 

Other Immigration News This Week

United States: Latest PERM and PWD Processing Times - As of October 6, 2014, DOL was conducting analyst reviews for PERM applications filed in May 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 October 2014 or earlier. 

As of October 8, 2014, 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 August 2014. 

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

United States: USCIS Updates H-2B Cap Count – USCIS continues to accept H-2B petitions for employment start dates in the second half of FY 2014. The agency reports that as of September 30, 2014, it had received filings on behalf of 26,601 H-2B beneficiaries for the second half of FY 2014. Of these, 26,286 had been approved and 315 remained pending. For employment in the first half of FY 2015, as of October 3, 2014, the agency had received filings on behalf of 8,857 beneficiaries. Of these, 7,222 had been approved and 1,635 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. 

Ireland: Long Lines at the Dublin Immigration Office – A growing demand for immigration services is causing delays at the Irish Naturalization and Immigration Service (INIS) office in Dublin City Center, largely due to an increase in foreign workers and the return of foreign students. Queues start in the early hours of the morning, so foreign nationals with a need to visit the INIS office should plan to arrive early, allow a full day and bring all supporting documentation. 

Philippines: Visa-Free Entry Introduced for Eligible Chinese Nationals - Chinese nationals who hold a valid U.S., Japanese, Australian, Canadian or Schengen visa can enter the Philippines visa-free for up to seven days (with the possibility of one 14-day extension) for tourism or business as long as their passports are valid for six months beyond the contemplated stay, they have a return or onward travel ticket, and a clean record with the Philippine Bureau of Immigration. However, once they enter the Philippines, they may not convert to work visa status or apply for a Special Work Permit, the short term work permit option. Chinese nationals entering the Philippines to work must hold a 9a temporary visitor visa.

 

Global Immigration News Links 

• In an address to the Congressional Hispanic Caucus Institute, President Obama said that he would act on immigration after the November elections but before the end of the year.
• To provide sanctuary for undocumented immigrants, religious organizations throughout the United States are taking advantage of a policy that prohibits immigration arrests on church grounds.
• The Daily Telegraph reports that, with only months to go before the elections, UK Prime Minister David Cameron secured tougher immigration restrictions on new EU members.
• The European Commission will now consider transitional measures that would place immigration restrictions on new countries that join the European Union.

 

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