Fragomen Immigration Update: October 31 - November 7, 2014

In immigration news, Citizenship and Immigration Canada (CIC) has implemented broad bans on temporary visas and permanent residence applications for foreign nationals who have visited Ebola-affected countries. The restrictions may prevent those who have traveled to or through those countries from entering or leaving Canada. 

In China, the Beijing Public Security Bureau and Labor Bureau will be closed November 7-12 and will reopen on November 13. Renewal applications for work and/or residence permits expiring during the closure period should have been filed by November 6. 

Employers in Indonesia sponsoring foreign employees must obtain company login details online to be pre-approved for work visa applications (Telex VITAS). The registration process – which includes a visa officer visit – will take at least two weeks to complete. 

Foreign nationals working in one European Union member country may be hired out by staffing agencies or similar companies to a company in another EU member country to provide services to a third EU entity without requiring a new work permit, according to a recent European Court of Justice ruling. 

Intracompany transferees in South Africa with visas issued before May 26, 2014 can apply overseas for a second Intracompany Transfer Work Visa valid for four years, according to new directives from the South African Department of Home Affairs. Foreign workers applying for Critical Skills Work Visas only need to submit proof of membership in a professional body to prove skills. 

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

 

Important Updates in Immigration This Week

European Union, November 6, 2014

ECJ Ruling Expands Cross-Border Work Options for Third-Country National Workers

Foreign nationals lawfully working in an EU member state no longer require a new work permit if placed by a staffing agency in another EU member state to provide services to a third EU entity, under a recent European Court of Justice (ECJ) ruling. Case-by-case analysis will be required to confirm eligibility, and whether minimum wage or other requirements apply.

To view entire article, click here.

 

Indonesia, November 5, 2014

Work Visa Pre-Approval Process Requires Employers to Register Online

Employers sponsoring foreign employees in Indonesia must obtain company login details online to be pre-approved for work visa applications (Telex VITAS).  The registration process – which includes a visa officer visit – will take at least two weeks to complete.

To view entire article, click here.

 

China, November 3, 2014

Government Office Closures During APEC Meetings

The Beijing Public Security Bureau and Labor Bureau will be closed November 7-12, 2014 and will reopen on November 13, 2014. Renewal applications for work and/or residence permits expiring during the closure period should be filed by November 6, 2014.

To view entire article, click here.

 

South Africa, November 3, 2014

New Directives Benefit Intracompany Transferees and Critical Work Skills Visa Applicants

According to new directives from the South African Department of Home Affairs, intracompany transferees with visas issued before May 26, 2014 can apply overseas for a second Intracompany Transfer Work Visa valid for four years. Foreign workers applying for Critical Skills Work Visas only need to submit proof of membership in a professional body to prove skills.

To view entire article, click here.

 

Canada, October 31, 2014

Canada Imposes Ebola-Related Visa Restrictions

Citizenship and Immigration Canada (CIC) has implemented a broad ban on temporary visas and permanent residence applications for foreign nationals who have visited or traveled through Ebola-affected countries. The restrictions may prevent those who have traveled to or through those countries from entering or leaving Canada.

To view entire article, click here.

 

Other Immigration News This Week

United States: DHS Requires Additional Information in ESTA Travel Application from VWP Participants - As of November 3, 2014, the U.S. Department of Homeland Security (DHS) requires foreign nationals travelling to the United States under the Visa Waiver Program (VWP) to provide additional information in the travel application submitted through the online system called Electronic System for Travel Authorization (ESTA). Registrants are now required to provide additional passport information, other potential names or aliases, contact information, and employment details, among others. The additional information is intended to assist DHS in identifying security threats. 

All foreign nationals planning to enter the United States under the VWP are required to register for online travel clearance through ESTA by submitting an application in advance of travel, and no later than 72 hours before departing for the United States. Once approved, the ESTA travel authorization remains valid for up to two years or until the passport expires, whichever occurs first. 

United States: USCIS Updates H-2B Cap Count - USCIS reports that as of October 31, 2014, it had received filings on behalf of 11,102 H-2B beneficiaries for the first half of FY 2015. Of these, 9,574 had been approved and 1,528 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. 

Canada: Expedited Path for Permanent Residence Introduced for Child Care Providers and Other Caregivers - On November 30, 2014, Canada will introduce reforms to the Caregiver Program that which will provide eligible caregivers two six-month pathways to permanent residence, according to an announcement by Canada’s Citizenship and Immigration Minister. 

Under one pathway, child care providers will no longer be required to live in the home of their employer. Additionally, registered and licensed practical nurses, registered psychiatric nurses, nurse aides and other home support workers seeking permanent residence will be able to gain work experience necessary for permanent residence applications either by providing in-home care or care in a health-care facility. This pathway offers more career options for eligible caregivers, and targets workers in occupations that are expected to face future labor shortages. The program will also have several new features, including a quota, a language requirement, and proving there is no Canadian that can perform the job. The program was developed in an effort to reduce the backlog of permanent residence applications and to protect caregivers from abuse by allowing them to live out of the home of their employer. 

Caregivers who have already applied for Live-in Caregiver Program work permits, and those who apply based on an employer’s approved Labor Market Impact Assessment submitted before November 30, 2014, will be able to complete the work requirement on a live-in basis and eventually apply for permanent residence. 

Singapore: Ebola-Related Restrictions Implemented - Nationals from Guinea, Liberia and Sierra Leone entering Singapore as of November 5, 2014 require a visa, according to a press release by the Ministry of Health. The visa requirement is meant to facilitate oversight of the entry of nationals from these countries and to allow Singapore to inform them of health advisories during their stay. This requirement accompanies other earlier-implemented measures including distribution of health notices to nationals from Ebola-affected countries at all entry ports, screening stations and health declarations at airports and further assessments for travelers to the affected regions with fevers.

 

Global Immigration News Links

• In the wake of the midterm-elections, President Obama is back in the spotlight as immigration activists await the announcement of executive action on immigration that was promised in September. According to The Hill, President Obama will act unilaterally if Congress fails to act on immigration reform before the end of the year. However, three GOP Senators that helped write the immigration reform bill last year are urging President Obama not to take executive action by the end of the year, as it would undermine any good-faith effort by Congress.
• With Republicans taking the Senate majority this week, questions linger on how they will address immigration over the next two years and what impact their decisions will have on the 2016 elections.
• According to the Telegraph, leaving the EU might not help with the immigration issue that the UK is facing, as it will not change internal policies to tighten up immigration.
• German Chancellor Angela Merkel warned UK Prime Minister David Cameron against placing limitations on immigration from other EU nations.
• Recent reports from Queen’s University highlight the positive impact that immigration has had on the workforce and economy in Northern Ireland.
• Reuters reports that 58% of the Swiss people polled stated that they did not support the new Ecopop initiative to limit immigration to .2% of the total resident population.

 

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