Fragomen Immigration Update: September 23 - 29, 2016
September 30, 2016
In United States immigration news this week, a continuing resolution passed by Congress will fund the federal government – including immigration operations – through December 9, while negotiations on the FY 2017 budget continue. The interim budget agreement also temporarily reauthorizes E-Verify and the EB-5 Regional Center program, among other programs.
In China, a streamlined work authorization application policy will be piloted in some regions starting October 2016, and will be applied nationwide after April 2017. The new system will combine the current application programs and will instead classify foreign nationals into three categories based on experience and qualifications.
Companies sending workers to provide services to a client or affiliate in Hungary from another European Economic Area country must now complete a new online registration process prior to the employee's start date. This requirement only applies to employees who remain on home payroll.
These items and other news from Australia, China, Finland, Spain, the United Kingdom and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, September 29, 2016
Federal Shutdown Averted for Now; Key Immigration Programs Temporarily Reauthorized
Federal government operations, including immigration functions, will be funded through December 9 while Congress continues to debate the FY 2017 budget. The interim budget agreement also temporarily reauthorizes E-Verify and the EB-5 Regional Center program, among other programs.
To view entire article, click here.
China, September 29, 2016
A Recap of Streamlined Visa on Arrival and Work Authorization Application Rules
As a reminder, immigration policies in Shanghai, Beijing, and Guangdong Province from the past year have made it easier for foreign nationals to obtain work authorization and have simplified various application procedures.
To view entire article, click here.
China, September 26, 2016
Unified Work Authorization Application Policy Forthcoming
A streamlined work authorization application policy will be piloted in some regions of China starting October 2016, and will be applied nationwide after April 2017. The new system will combine the current application programs (Foreign Expert Certificate and Alien Work Permit) and will instead classify foreign nationals into three categories based on experience and qualifications.
To view entire article, click here.
Hungary, September 26, 2016
New Online Registration Requirement Implemented for Posted Workers
Companies sending workers to provide services to a client or affiliate in Hungary from another European Economic Area country must now complete a new online registration process prior to the employee's start date. This requirement is in addition to all other existing registration requirements, and it only applies to employees who remain on home payroll.
To view entire article, click here.
Other Immigration News This Week
United States: TPS for Guinea, Liberia and Sierra Leone Extended Temporarily Before Termination – After reviewing country conditions and consulting with the Department of State (DOS), the Department of Homeland Security (DHS) has determined that conditions in Guinea, Liberia and Sierra Leone no longer support their designation for Temporary Protected Status (TPS), and therefore is only extending TPS benefits for an additional six months, from November 21, 2016 through May 20, 2017. DHS indicated that the six month extension was necessary to "provide for an orderly transition" for TPS registrants from these countries, and all TPS related benefits will come to an end on March 21, 2017.
Current Guinea, Liberia and Sierra Leone TPS registrants will not have to re-register. USCIS will automatically extend their current TPS-based EADs through May 20, 2017.
United States: Employment Authorization for Syrian F-1 Students Extended – The Department of Homeland Security (DHS) will continue to provide temporary relief to F-1 students whose country of citizenship is Syria and who have experienced severe economic hardship because of the civil unrest in Syria since March 2011. In its original notice and subsequent extensions, DHS enabled students who obtained F-1 status prior to April 3, 2012 to obtain employment authorization, work an increased number of hours while school was in session, and reduce their course load through September 30, 2016, so long as they otherwise maintained their F-1 status.
Under the new notice, DHS is extending the relief period for an additional 18 months, to March 31, 2018. It is also expanding the pool of eligible Syrian F-1 nonimmigrants by allowing those who lawfully obtained F-1 status between April 3, 2012 and September 9, 2016 to apply.
Australia: Work and Holiday Agreement Signed with San Marino – Australian and San Marino nationals under the age of 31 will be able to reside in each others' countries for short-term work and study under a new Work and Holiday agreement. Applicants will need to have the support of their government, have or be studying toward an undergraduate degree and must speak English. Details on the new visa program, including the implementation date, will be available on the Department of Immigration and Border Protection's website.
Finland: In-Country Renewal Delays Ahead – On or after January 1, 2017, in-country renewal application processing will be transferred to the Finnish Immigration Service from local police stations. Renewal applications that are pending on January 1, 2017 will automatically be transferred to the Finnish Immigration Service.
There will be nine processing centers and an appointment scheduling system, the details of which are not yet known. Since there are currently many more police stations handling renewal applications, foreign nationals submitting applications on or after January 1, 2017 and those with pending applications as of this date should expect longer processing times. Applicants should be prepared to travel to attend their appointments.
Foreign nationals who will need to leave and reenter Finland on or after January 1 should file their renewal applications as soon as possible since they will not be able to reenter until their renewal applications are processed.
Spain: Entrepreneurs Act Permit Processing Delayed – Foreign nationals applying for work permits under the Entrepreneurs Act category, as intracompany transferees and Highly Qualified Professionals, are experiencing significant delays beyond the typical 20 business day processing time. Employees under these categories and their employers should be prepared for potentially delayed start dates and should submit new applications as early as possible.
United Kingdom: Passport Return Service to Allow Travel During Processing – On or after October 1, 2016, European Economic Area and Swiss nationals submitting an application for a Residence Card or Permanent Residence in England and Wales will be able to travel abroad while their application is under review. Applicants will be able to submit their Residence Card or Permanent Residence applications online and make an appointment with a participating local authority. At that appointment, the local authority will prepare copies of the passport to send to UK Visas and Immigration authority and return the passport, instead of having applicants surrender their passport for the entire application processing phase. Details on fees are available on the government website.
Global Immigration News Links
Immigration was nearly absent from the first U.S. presidential debate.
The New York Times analyzes opposing viewpoints on the economic costs and consequences of immigration.
More than 300,000 immigrants arrived in Canada in the past year, the highest number since comparable record-keeping began, new estimates show.
Hungary will introduce more incentives to attract skilled workers, directed toward refugees.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
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