Fragomen Immigration Update: September 2 - 8, 2016
September 9, 2016
In United States immigration news this week, cutoff dates for EB-1 will become current again for India and China, according to the State Department’s October Visa Bulletin. The cutoff dates for final action in EB-2 China will advance by more than two years and EB-2 India will advance by 23 months. The EB-3 China final action cutoff will advance by more than three years.
USCIS is taking between eight and 10 months, or longer, to adjudicate H-1B extension petitions, the USCIS Ombudsman confirmed in a teleconference with stakeholders.
In Canada, 1,000 candidates were invited to apply for permanent residence in its 42nd Express Entry draw; the minimum qualifying score for this draw was 491.
In Australia, certain oil and gas sector foreign offshore workers will now require a permanent, Subclass 457 or a Subclass 400 visa to continue working in the country’s offshore resources industry. Also, effective September 10, certain qualified entrepreneurs will be eligible for a new visa pathway.
A new work permit law in Turkey will create longer validity periods for certain residence permit categories, eliminate strict residence permit-related rules and no longer limit undergraduate students to a 24-hour work week.
Effective immediately in Malaysia, employees holding specialist or rotational positions are no longer eligible for an exemption from the job advertisement requirement for Employment Pass applications filed in Kuching, Sarawak.
These items and other news from, Germany, Ireland, Nigeria, South Africa, Thailand and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, September 8, 2016
October Visa Bulletin: EB-1 India and China, EB-2 Worldwide Become Current Again; Significant Advancements for EB-2 India and China, EB-3 China
In October, EB-1 will become current again for India and China, after a few months of backlogs. The cutoff dates for final action in EB-2 China will advance by more than two years, to February 15, 2012, and EB-2 India will advance by 23 months, to January 15, 2007. The EB-3 China final action cutoff will advance by more than three years, to January 22, 2013.
To view entire article, click here.
United States, September 2, 2016
USCIS Ombudsman Highlights H-1B Processing Delays
USCIS is taking between eight and 10 months, and in some cases longer, to adjudicate H-1B extension petitions, the USCIS Ombudsman confirmed in a teleconference with stakeholders. The delays result in additional disruptions for U.S. businesses, which are already suffering from the effects of delayed EAD adjudications.
To view entire article, click here.
Ireland, September 8, 2016
Online Appointment System for GNIB Cards in Dublin Launched Today
A new online system for scheduling Garda National Immigration Bureau card appointments at the Burgh Quay Registration Office in Dublin was launched this morning, with appointments available on or after September 15. All visits to the Registration Office on or after September 15 must be scheduled online
To view entire article, click here.
Australia, September 8, 2016
Oil and Gas Sector Workers Now Require Visa
As a result of a High Court of Australia decision, foreign offshore workers engaged in activities such as the exploration or exploitation of minerals, greenhouse gas and petroleum resources within Australia's Exclusive Economic Zone and the waters above the Continental Shelf will now require a permanent, Subclass 457 or a Subclass 400 visa to continue working in Australia's offshore resources industry.
To view entire article, click here.
Canada, September 8, 2016
More Invitations Issued in Latest Express Entry Draw
Immigration, Refugees and Citizenship Canada invited 1,000 candidates to apply for permanent residence in its most recent Express Entry draw. The minimum qualifying score for this draw was 491.
To view entire article, click here.
Turkey, September 8, 2016
Residence Permit Validities Increased, Rules Regarding Staying Abroad Relaxed
The new work permit law will create longer validity periods for certain residence permit categories and has eliminated strict residence permit-related rules. Additionally, undergraduate students will no longer be limited to a 24-hour work week.
To view entire article, click here.
Australia, September 8, 2016
New Visa Pathway for Entrepreneurs; Additional Points for Some Foreign Students
A new visa pathway will become available on September 10, 2016 for qualified entrepreneurs with financial backing and successful entrepreneurial activities. Also, foreign graduate students with special qualifications in the science, technology, engineering, and mathematics or information and communication technology fields will be awarded additional points to make it easier to qualify for the points-based General Skilled Migration category.
To view entire article, click here.
Malaysia, September 8, 2016
Job Advertisement Exemptions Eliminated
Effective immediately, employees holding specialist or rotational positions are no longer eligible for an exemption from the job advertisement requirement for Employment Pass applications filed in Kuching, Sarawak.
To view entire article, click here.
Germany, September 2, 2016
Labor Market Test Suspended for Refugees
Foreign nationals with pending asylum applications who have resided in Germany for at least three months are now exempt from the labor market test to obtain a work permit.
To view entire article, click here.
Other Immigration News This Week
United States: Latest PERM and PWD Processing Times – As of September 1, 2016, the Department of Labor (DOL) was conducting analyst reviews for PERM applications filed in June 2016 or earlier and processing audited cases filed in January 2016 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in July 2016 or earlier.
With regard to prevailing wage determinations (PWDs), DOL is issuing determinations for PERM and H-1B requests filed in May 2016, and H-2B requests filed in August 2016. The agency is currently processing PERM and H-1B redeterminations requested in May 2016, and PERM and H-1B center director reviews requested in May 2016.
PERM and PWD processing times are available on the iCERT home page.
Nigeria: New CERPAC Centers Opened – The Nigerian Federal Ministry of Interior has opened 28 Combined Expatriate and Alien Card (CERPAC) centers across Nigeria in an effort to attract Foreign Direct Investments (FDIs) and increase access to immigration services. Nigeria currently has eight CERPAC production centers, and hopes that by introducing additional centers, foreign nationals seeking a CERPAC can expect faster processing times for initial or renewal applications. Fragomen will continue to assist with initial or renewal CERPAC applications.
South Africa: Some Consular Posts Requiring Apostilled Documents – Some consular posts have started requesting apostilled documents in support of visa applications, even though the South African Immigration Regulations state that an apostille is not necessarily required, as the apostille process exceeds the mere authentication of documents. Although South African legislation is not entirely clear regarding the required format for supporting documents submitted with visa applications, the Immigration Regulations specify that such documents must be either original or a copy authenticated by the issuing authority. For many years, this definition remained unchanged and the Department of Home Affairs and consular posts abroad accepted copies of documents certified by a Commissioner of Oaths, attorney or relevant authority. Given recent reports, visa applicants should be prepared to obtain an apostille for their documents if the consular office requests it, which could result in delays and more costs than the usual legalization process. Applicants who are asked to apostille documents should contact their immigration professional for assistance with the apostille process.
Thailand: Visa-on-Arrival Fees to Double – Nationals of 19 countries eligible for visas-on-arrival (VOA) will be subject to increased fees when entering Thailand on or after September 27, 2016. According to the Ministry of Foreign Affairs, the fee for a 15-day VOA will increase to THB 2,000 from the current THB 1,000 for nationals from Andorra, Bulgaria, Bhutan, China, Cyprus, Ethiopia, India, Kazakhstan, Latvia, Lithuania, Maldives, Malta, Mauritius, Romania, San Marino, Saudi Arabia, Taiwan, Ukraine and Uzbekistan. Affected foreign nationals should budget for the increased fees. A VOA may be obtained at 42 designated checkpoints throughout Thailand. Business activities are allowed under VOA status; however, business visitors who enter under a VOA generally cannot apply for extensions of stay beyond the 15-day period except in special cases (such as illness which prevents them from travelling, etc.).
Global Immigration News Links
British Prime Minister Theresa May rejected a points-based system for controlling EU migration, one of the key promises of Leave campaigners during the referendum, BBC reports.
The European Union does not appear to be inclined to grant Switzerland concessions as it seeks to renegotiate immigration provisions with the bloc, Bloomberg reports.
Cutting immigration by 20 percent, from 50,000 to 40,000 annually, could hurt Quebec, according to Immigration Minister Kathleen Weil.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
