Fragomen Immigration Update: September 12 - 19, 2014

In United States immigration news, in response to the unprecedented refugee crisis at the U.S.-Mexico border, where tens of thousands of children fleeing abuse and violence in Central America have shown up alone to seek refuge in the United States, Fragomen is dedicating significant pro bono resources to represent immigrant children in need. 

In Morocco, the processing of work permit applications and other employment services has been suspended until further notice, due to the restructuring of the Moroccan Ministry of Employment. 

South Africa’s Department of Home Affairs will create a special taskforce to review the implementation of recent immigration reforms that have caused significant delays and processing difficulties for employers. Also in South Africa, children travelling into and out of South Africa will not have to present documentation evidencing parental consent to their travel until June 1, 2015. The new rule was originally set for implementation on October 1, 2014. 

These items and other news from Africa, France, Israel, Italy, Russia, Saudi Arabia, Turkey 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, September 17, 2014

Fragomen Pitches In to Assist Unaccompanied Immigrant Children

In response to an unprecedented refugee crisis at the U.S.-Mexico border, where tens of thousands of children fleeing abuse and violence in Central America have shown up alone to seek refuge in the United States, Fragomen is pitching in by dedicating significant pro bono resources to represent immigrant children in need.

To view entire article, click here.

 

South Africa, September 16, 2014

Strict Travel Document Requirements for Children Postponed

Children travelling into and out of South Africa will not have to present documentation evidencing parental consent to their travel until June 1, 2015, due to a postponement of new rules originally set for implementation on October 1, 2014.

To view entire article, click here.

 

Morocco, September 16, 2014

Employment Processing Services Halted, Delays Ahead, Due to Restructuring

In Morocco, the processing of work permit applications and other employment services has been suspended until further notice, due to the restructuring of the Moroccan Ministry of Employment.

To view entire article, click here.

 

South Africa, September 12, 2014

Taskforce to Investigate Implementation of Recent Immigration Reforms, Suggest Improvements

South Africa’s Home Affairs’ Minister plans to create a special taskforce to review the Department’s implementation of recent immigration reforms, and to suggest improvements to address industry concerns. There is no timetable for when additional changes, if any, could be introduced.

To view entire article, click here.

 

Other Immigration News This Week

United States: CBP Designates Recommended Ports for Initial Canadian TN and L-1 Applicants - U.S. Customs and Border Protection is recommending that Canadian citizens submit initial applications for TN or L-1 status through one of fourteen designated ports of entry and pre-flight inspection stations, under a new initiative to improve border adjudications. Use of a designated port is not mandatory, but the fourteen ports are viewed by CBP to have the most experience in adjudicating TN and L-1 applications. CBP also recommends that applicants submit their applications during designated hours, to ensure that an experienced officer is on duty. 

The recommended ports are: Pearson International Airport, Toronto; Trudeau International Airport, Quebec; Vancouver International Airport; Calgary International Airport; Highgate Springs Port of Entry, Vermont; Derby Line Port of Entry, Vermont; Alexandria Bay Port of Entry, New York; Peace Bridge Port of Entry, Buffalo, New York; Rainbow Bridge Port of Entry, Niagara Falls, New York; Champlain Port of Entry, New York; Detroit Canada Tunnel Port of Entry, Michigan; Detroit Ambassador Bridge Port of Entry, Michigan; Blaine Peach Arch Port of Entry, Washington; and Sweetgrass Port of Entry, Montana. 

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 12, 2014, it had received filings on behalf of 26,422 H-2B beneficiaries for the second half of FY 2014. Of these, 26,193 had been approved and 229 remained pending. For employment in the first half of FY 2015, the agency had received filings on behalf of 6,336 beneficiaries. Of these, 5,014 had been approved and 1,322 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. 

Africa: Travel Bans in Place for Ebola-Stricken Countries - Due to the Ebola outbreak, certain airlines have stopped making commercial flights to and from Guinea, Liberia, and Sierra Leone. Additionally, certain borders have been closed and there are health screenings in effect at some entry and exit ports. Individuals planning travel to and from the region are advised to check the International SOS website for the most current details. In addition, foreign nationals should also check with their respective airline before travelling to confirm whether a travel ban or additional health screening is required. 

France: Biometric Requirements Implemented for Residence Permit Applicants – Following the introduction of the biometric requirement for residence permit applicants in June 2013, nearly all French départements (counties) have now implemented the requirement. All applicants for residence permits or renewals must now submit fingerprints. Employers should initiate residence permit applications and renewals as early as possible to account for delays associated with the extra processing step. 

Israel: Upcoming Immigration Office Holiday Closures - Israeli government agencies will be closed in observance of Rosh Hashanah (September 24-25, 2014) and Sukkot (October 8-18, 2014). During the holidays, work permits and visas will be not be issued. Israeli consular posts have the option of closing or operating on a part-time schedule, but delays and backlogs should be expected in visa and work permit processing either way. Employers are strongly advised to submit applications before October to ensure they are processed timely. Fragomen worked closely with Kan-Tor & Acco Law Firm (Israel) to prepare this update. 

Italy: Intracompany Transferee-Type Work Permits Now Available for Joint Ventures - Employers who seek work permits for foreign nationals working for a host company under a joint venture agreement can now use the same process they use to obtain intracompany transferee work permits (ICTs). Prior to this change, a sending company had to apply for a Service Agreement work permit, which meant more stringent application requirements and longer processing times.

Russia: Ukrainian Citizens Not Subject to Quotas for Work in Russian Companies – Amid the ongoing conflict between Russia and Ukraine, Russia is relaxing work permit quota rules for Ukrainians who left that country urgently. Effective immediately, Russian companies can sponsor work permits for Ukrainian nationals even if the Ukrainian quota has been met, as long as the work permit application is filed before the end of 2014. Such work permits will be valid for up to twelve months. It is unclear whether all Ukrainian nationals or only those from the Donetskaya and Luganskaya regions - breakaway areas in the current conflict - will benefit from this amendment. It is also not yet known what evidence will be required to demonstrate urgent departure. 

Saudi Arabia: Ban on Dutch Nationals Lifted – Saudi Arabia’s recent restrictions on the entry and stay of Dutch nationals -- including tougher scrutiny and heightened risk of bans on visas, work permits and business contracts -- have been lifted. The restrictions were put in place in June 2014 after diplomatic tensions arose between the two countries following critical remarks by a Dutch lawmaker. Though the restrictions have been eliminated, Dutch nationals should still expect delays while Saudi authorities resume processing of these applications. 

Turkey: Immigration Office Holiday Closures – Turkish immigration offices will operate on a modified schedule due to upcoming holidays: October 3, 2014 - half day, October 6 and 7, 2014 - closed in observance of Sacrifice Feast; October 28, 2014 - half day, October 29, 2014 - closed, in observance of Republic Day. Employers and foreign nationals should expect delays and plan accordingly.

 

Global Immigration News Links 

• In the Wall Street Journal, Fragomen’s Blake Chisam discusses several actions that President Obama might take on immigration through his executive authority to interpret or reinterpret federal law.
• Technology firms in London are experiencing setbacks in their ability to hire qualified talent due to nationwide curbs on immigration.
• Japan is scheduled to implement an automated facial recognition immigration gate to support its limited number of immigration officers in 2018.
• As refugees from Syria and Iraq enter Sweden in large numbers, immigration has become a topic of debate in upcoming elections, with the Swedish people worried about the impact of these immigrants.
• A surge of immigrants in Russia through a visa-free travel agreement with former Soviet republics has boosted Russian economy and also is a source of social tension in Russia.
• The New Zealand National Party plans to set up job fairs to bring skilled expat New Zealand natives back to the country.
• South Sudan's government has issued an order to non-governmental organizations and private firms to terminate the employment of foreign workers by mid-October – a move that could jeopardize aid efforts there.

 

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