Fragomen Immigration Update: September 16 - 22, 2016
September 23, 2016
In United States immigration news this week, U.S. Citizenship and Immigration Services has determined that it will accept employment-based adjustment applications from foreign nationals with a priority date that is current for filing under the State Department's October Visa Bulletin. However, it will not accept adjustments under the EB-5 Regional Center program unless the program is reauthorized by Congress.
Also in the United States, a final regulation to increase the filing fees for many USCIS petitions and applications is now under review at the Office of Management and Budget. If implemented as originally proposed, the rule would raise fees by an average of 21%. The U.S. State Department will begin accepting online registrations for the Fiscal Year 2018 Diversity Visa Lottery on October 4. Foreign nationals who wish to enter the lottery have until Monday, November 7, 2016 at noon EST to file online.
Canada has extended the deadline to apply for Electronic Travel Authorization (eTA) to November 10, 2016. Visa-exempt nationals who enter or exit and re-enter Canada by air on or after that date must apply for an eTA prior to boarding a flight to Canada.
Starting November 19, in Australia, a new temporary visa framework will consolidate seven temporary visas into four subclasses and one sponsorship class, and online filing will be extended to all sponsored temporary and all subclass 400 visas.
A recent European Commission highlights the European Union's progress to strengthen its external border control systems and improve its electronic traveler information checking systems at entry and exit ports, among other initiatives.
Starting November 29, a new law in Mozambique will implement stricter foreign worker quota requirements and clarify other hiring rules; the law will not apply to the oil, gas or mining sectors.
These items and other news from Canada, France, Peru, Poland, Russia, Thailand and Vietnam follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, September 22, 2016
USCIS Filing Fee Increase Moves Closer to Implementation
A final regulation to increase the filing fees for many USCIS petitions and applications is now under review at the Office of Management and Budget. If implemented as originally proposed, the rule would raise fees by an average of 21%.
To view entire article, click here.
United States, September 21, 2016
October Visa Bulletin Update: USCIS to Honor Filing Dates for Most Employment-Based Categories Next Month
In October, USCIS will accept employment-based adjustment applications from foreign nationals with a priority date that is current for filing under the State Department's October Visa Bulletin. However, it will not accept adjustments under the EB-5 Regional Center program unless the program is reauthorized by Congress.
To view entire article, click here.
United States, September 19, 2016
FY 2018 Diversity Visa Lottery Registration Opens October 4
Entrants have from Tuesday, October 4, 2016 at noon EDT until Monday, November 7, 2016 at noon EST to register online at the State Department's official lottery website. Lottery applications must conform to the State Department's strict requirements.
To view entire article, click here.
Canada, September 21, 2016
More Invitations Issued in Latest Express Entry Draw
Immigration, Refugees and Citizenship Canada will invite 1,288 candidates to apply for permanent residence in its most recent Express Entry draw. The minimum qualifying score for this draw is 483.
To view entire article, click here.
Canada, September 21, 2016
Electronic Travel Authorization Deadline Relaxed
The government has extended the deadline to apply for Electronic Travel Authorization (eTA). On or after November 10, 2016, visa-exempt nationals who enter or exit and re-enter Canada by air must apply for an eTA prior to boarding a flight to Canada. Exceptions include U.S. citizens and travelers with a valid Canadian visa.
To view entire article, click here.
European Union, September 20, 2016
Report Highlights Progress of Border Security Efforts
A recent European Commission report highlights the European Union's progress to strengthen its external border control systems through the European Border and Coast Guard and improve electronic traveler information checking systems in place at entry and exit ports. Additionally, a proposal for a new traveler information checking system for visa-exempt nationals is planned for this fall, and there are plans to reinforce Europol's European Counter-Terrorism Centre by May 2017.
To view entire article, click here.
Australia, September 20, 2016
Temporary Visa Categories to be Consolidated and Simplified
On or after November 19, 2016, seven temporary visa categories will be consolidated into four subclasses and one sponsorship class. Online filing will also be extended to all sponsored temporary and all subclass 400 visas. Sponsorship for the new Temporary Activity (subclass 408) visa will only be necessary where the applicant is outside Australia and is proposing to stay in Australia for more than three months or if the applicant is applying from within Australia.
To view entire article, click here.
Mozambique, September 19, 2016
New Law to Implement Stricter Quota Requirements, Other Hiring Rules
A new law will clarify the rules regarding the hiring of foreign nationals and will implement stricter requirements related to the foreign worker quota, employment agencies hiring foreign workers and employees transferring to a new location or employer. The law will be effective November 29, 2016 and does not apply to the oil, gas and mining sectors.
To view entire article, click here.
Other Immigration News This Week
France: New Online Filing System for Secondment Declarations – On or after October 1, 2016, employers will have to file secondment declarations on a new online system. As part of the filing process, the employer must provide detailed information regarding the sending company, including the company directors' personal information. Employers that fail to file the mandatory declaration before an assignment can face a fine up to 2,000 EUR per seconded assignee (4,000 EUR for repeat offenses), up to a maximum fine of 500,000 EUR per employer. The host company or project owner may be held liable if they fail to verify that the declaration has been filed, which is part of the typical process.
Peru: Some Chinese Nationals Eligible for Visa Exemption – Chinese nationals who hold at least a six-month visa from or are permanent residents of Australia, Canada, the United Kingdom, the United States or a Schengen country are now eligible for a tourist or business visa exemption. Eligible Chinese nationals can stay in Peru for up to 180 days (consecutively or cumulatively) during a six-month period. Eligible travelers should contact their immigration professional to discuss allowable activities under the visa exemption.
Poland: Reminder: Employers of Posted Workers Subject to Notification Requirement – As a reminder, a new law requires companies sending workers to provide short-term services to a client or affiliate in Poland to submit a new statement no later than the employee’s start date and to notify the authorities within seven business days of any changes to such a statement. Companies with workers already in Poland had until September 18, 2016 to submit the employer statement. Employers should work with their administrative department and immigration professional to ensure they comply with the notification, recordkeeping and other new requirements.
Russia: Work Permit Annulment Rules Enforced – The Ministry of Internal Affairs is enforcing the rule that annuls work permits that are not collected within six months of issuance. If a work permit is annulled, the foreign national must file a new work permit application. The Ministry is also enforcing the rule that annuls work permits held by those who leave Russia for at least six months cumulatively. Employers of foreign nationals who are away from Russia for at least six months cumulatively must terminate the foreign worker, according to Russian law. Affected foreign nationals should contact their immigration provider to discuss possible resolutions.
Thailand: Immigration Form Requires New Information – The Immigration Department has replaced the form implemented in April for foreign nationals applying for visa extensions, 90-day reports or reentry permits with a new form called 'Information Form for Foreign National'. The new form no longer requires a photograph, the names of the foreign national's parents, the foreign national's overseas address and contact details, and a list of places the foreign national frequents in Thailand. However, the new form does request new information, such as the foreign national's blood type, allergies, and the hospital the foreign national would use in Thailand if necessary. The form also requests the last date of entry and port of entry and clarifies the request for social media information (and makes this section optional). Lastly, bank account information will now be completed by an Immigration Officer during the visa interview for visa extension applications only. The form serves national security purposes and allows the government to assist foreign nationals in case of emergency.
Vietnam: One-Year Multiple-Entry Visas Available to U.S. Citizens – U.S. citizens entering Vietnam for tourism or business purposes for up to 90 days per visit are now eligible for a one-year multiple-entry visa. U.S. citizens will no longer be able to apply for one- or three-month single- or multiple-entry visas. The government filing fee for the new visa is USD 135. Although the fee for the new visa is more than double the amount of the fee for the old visa, eligible U.S. citizens who travel frequently to Vietnam should benefit from the new visa, as it eliminates the need to apply for new visas throughout the year. Interested applicants should contact their immigration professional to discuss the pre-approval and application process.
Global Immigration News Links
A new report by the National Academies of Sciences, Engineering, and Medicine (NAS) confirms that immigration has a positive impact on long-run economic growth in the United States.
In a New York Times op-ed, Mayors Bill De Blasio (New York), Anne Hidalgo (Paris) and Sadiq Khan (London) urged world leaders assembling at the United Nations General Assembly to take decisive action to provide relief to refugees fleeing conflict and migrants fleeing economic hardship.
According to a recent Pew Research Center report, the number of undocumented immigrants in the United States peaked in 2007 before dropping sharply, and has stabilized since the end of the Great Recession. Another report released by the Center of American Progress found that removing the estimated 11 million undocumented immigrants would cost the federal government almost $900 billion in lost revenue over a decade while reducing the nation’s GDP by $4.7 trillion.
EU members Hungary, Poland, the Czech Republic, and Slovakia are ready to veto any Brexit deal that would limit people’s right to work in the United Kingdom, BBC reports.
Switzerland moved closer to a compromise over EU immigration, the Wall Street Journal reports.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
