Fragomen Immigration Update: October 9 - 15, 2015
October 16, 2015
In United States immigration news this week, the State Department’s November Visa Bulletin announced no significant change from the revised October Visa Bulletin. Final action cutoff dates will advance in the EB-2, EB-3 and Other Worker categories for nationals of China, India and the Philippines. Filing eligibility cutoff dates will remain the same for all backlogged employment-based visa categories and countries.
The U.S. Department of Homeland Security’s proposed regulation on the STEM optional practical training program is expected to be published for public feedback in the coming days, bringing it closer to meeting a federal court deadline and ensuring continuation of the program.
Also in the United States, a new California statute imposes state fines of up to $10,000 on employers who misuse E-Verify in violation of federal program rules, on top of existing federal fines. The new law does not change the underlying rules of the E-Verify system.
Peru enacted an immigration reform measure that will introduce two new short-term work visas, two new long-term work visa categories and new sanctions for noncompliance. The reforms will not take effect until after implementing regulations are published.
Labor authorities in Germany have started to consider whether foreign nationals are earning the general statutory minimum wage in accordance with the Minimum Wage Act.
A new law in Mozambique requires foreign nationals to start working within 60 days of issuance of their work visa and requires employers to pay a repatriation deposit.
These items and other news from the Czech Republic, South Africa, United Arab Emirates and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, October 15, 2015
STEM OPT Rule Clears Federal Review
The Department of Homeland Security is expected to publish a proposed regulation on the STEM optional practical training program in the near future, bringing the agency closer to meeting a federal court deadline and ensuring continuation of the program.
To view entire article, click here.
United States, October 14, 2015
New California Law Penalizes Misuse of E-Verify
A new California statute imposes state fines of up to $10,000 on employers who misuse E-Verify in violation of federal program rules, on top of existing federal fines. The new law does not change the underlying rules of the E-Verify system.
To view entire article, click here.
United States, October 14, 2015
USCIS Changes Adjustment Acceptance Procedures Under the New Visa Bulletin Format
USCIS will take up to one week after the publication of the State Department's monthly Visa Bulletin to announce whether it will accept adjustment of status applications from foreign nationals with a priority date that is current for application filing. The new process means that some foreign nationals will wait longer to learn whether they can file applications for adjustment and ancillary work and travel benefits under the reformed Visa Bulletin.
To view entire article, click here.
United States, October 9, 2015
November 2015 Visa Bulletin: No Advancement in Filing Eligibility Dates; Modest Advancement in Final Action Dates
Final action cutoff dates will advance in the EB-2, EB-3 and Other Worker categories for nationals of China, India and the Philippines. Filing eligibility cutoff dates will remain the same for all backlogged employment-based visa categories and countries. USCIS has not yet confirmed whether it will accept adjustment of status applications in November from foreign nationals with a priority date that is current for filing eligibility.
To view entire article, click here.
Mozambique, October 14, 2015
Visa Entry Requirement and Repatriation Deposit Implemented
A new law requires foreign nationals to start working in Mozambique within 60 days of the issuance of their work visa and requires employers to pay a repatriation deposit on behalf of the foreign worker and his or her family. Lastly, employers in the extraction industry must apply for work visas to a new ministry and must abide by other new application requirements.
To view entire article, click here.
Germany, October 13, 2015
Statewide Minimum Wage Now Considered in Immigration Applications
Labor authorities have started to consider whether foreign nationals are earning the general statutory minimum wage of €8.50 per hour, which came into force on January 1, 2015.
To view entire article, click here.
Peru, October 9, 2015
Forthcoming Law to Restructure Work Visa Categories
A recently enacted immigration reform law will introduce two new short-term work visas, two new long-term work visa categories and new sanctions for noncompliance. The reforms will not take effect until after implementing regulations are published.
To view entire article, click here.
Other Immigration News This Week
United States: Latest Prevailing Wage Determination Processing Times – As of October 13, 2015, processing times for PERM and H-1B prevailing wage determinations (PWDs) are within the 60-day target at the Department of Labor (DOL). DOL is currently issuing determinations for PERM PWDs, H-1B PWDs and H-2B PWDs requested in August 2015. The agency is currently processing PERM and H-1B wage redeterminations requested in August 2015.
PWD processing times are available on DOL’s iCERT home page.
Czech Republic: Fast Track Program Suspended Until 2016 – Applications submitted under the Fast Track program after October 6, 2015 will not be accepted or processed until January 1, 2016, according to an announcement from the Ministry of Trade of the Czech Republic. In the meantime, companies can submit a standard application or wait until January to file a Fast Track application. Accepted applications will be processed as usual. Companies registered for the Fast Track program should receive official notification of the suspension from the Ministry.
South Africa: Reminder: The Benefits of the Expedited Processing Center – Employers with Corporate Account (CAU) status are reminded to utilize the recently opened Premium Visa and Permit Services Centre at the Gauteng Investment Centre in Sandton, Johannesburg. The Premium Processing center provides four-week processing of immigration applications (depending on the volume of filed applications) and a streamlined submission and appointment process. Although the benefits of CAU status do not currently extend to South African Missions abroad, Fragomen is lobbying for CAU status to become part of consular processes abroad. The Department of Home Affairs has not indicated whether there will be another opportunity for employers who missed the previous deadline to apply for CAU status. Fragomen will provide an update if there are any new developments in this regard.
United Arab Emirates: Online Portal Delays for GCC Residents – Residents of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia (GCC countries), who must obtain online entry permits prior to entry as of October 2015, should expect delays with the online system due to application backlogs. Additionally, the authorities have introduced a new website for new applicants. The other website will remain open for inquires regarding applications submitted prior to October 5, 2015. GCC residents should schedule their travels well in advance to ensure their visa is approved prior to travel.
Global Immigration News Links
During their first presidential debate, Democrats offered many contrasts with Republicans, especially on immigration.
Immigrant activists are on a nine-day fast outside an appeals court in New Orleans to demand that the judges rule on the legal challenge to President Obama’s executive action that offered potential deportation relief to millions of undocumented immigrants.
A British immigration bill that proposes a new offense of undocumented employment and requires landlords to carry out checks on prospective tenants cleared its first parliamentary hurdle, the BBC reports.
In the wake of a controversial 2014 referendum to clamp down on immigrants from neighboring countries and the recent migrant crisis, Swiss voters will go to the polls on Sunday in a parliamentary election dominated by immigration and asylum concerns, according to BloombergBusiness.
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.
