Fragomen Immigration Update: September 25 - October 1, 2015
October 2, 2015
In United States immigration news this week, Congress passed a continuing resolution which will fund the federal government – including immigration operations – through December 11, while negotiations on the FY 2016 budget continue. The interim budget agreement also temporarily reauthorizes E-Verify and the EB-5 Regional Center program, among other programs.
The State Department’s unexpected reissuance of the October Visa Bulletin on September 25 means that far fewer foreign nationals will be eligible to file green card applications this month. The business immigration community continues to advocate on behalf of affected employers and foreign nationals, but preliminary indications are that, despite those efforts, the State Department is unlikely to revert to the original October 2015 Visa Bulletin.
Also in the United States, the State Department began accepting online registrations for the Fiscal Year 2017 Diversity Visa Lottery on October 1. Foreign nationals who wish to enter the lottery have until Tuesday, November 3, 2015 at noon EST to file online.
Certain corporate officers and executives in the Philippines are now eligible to be exempted from Alien Employment Permit documentary and process requirements. Additionally, the Department of Labor and Employment will implement new understudy and publication requirements for foreign workers.
In Israel, employers of foreign experts under work permits and B-1 visas can no longer extend such visas beyond 63 months. This new policy is expected to indefinitely delay pending work permit and B-1 visa extension applications.
These items and other news from the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, October 1, 2015
Worldwide Suspension of U.S. Consular Appointments on October 9
Foreign nationals with U.S. visa interviews set for October 9 will have their appointments rescheduled while the State Department performs maintenance on the consular system. Emergency services should remain available.
To view entire article, click here.
United States, September 30, 2015
Federal Shutdown Averted for Now; Key Immigration Programs Temporarily Reauthorized
Federal government operations, including immigration functions, will be funded through December 11 while Congress continues to debate the FY 2016 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.
United States, September 30, 2015
FY 2017 Diversity Visa Lottery Registration Opens October 1
Entrants have until Tuesday, November 3, 2015 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.
United States, September 28, 2015
The October Visa Bulletin Revision: Answers to Frequently Asked Questions
In the wake of Friday's sudden Visa Bulletin revision, the business immigration community is continuing to advocate on behalf of affected employers and foreign nationals. Preliminary indications are that, despite those efforts, the State Department is unlikely to revert to the original October 2015 Visa Bulletin. As a result, some employers, trade associations and foreign nationals are weighing litigation options. Foreign nationals whose priority dates are no longer current because of the revision should not file an adjustment application next month.
To view entire article, click here.
United States, September 25, 2015
State Department Reissues October Visa Bulletin with Revised Filing Eligibility Cutoff Dates for Some
Fewer foreign nationals will be eligible to submit applications for adjustment of status under the reissued October Visa Bulletin. The filing eligibility cutoff date was rolled back by two years for EB-2 India, to July 1, 2009; by sixteen months for EB-2 China, to January 1, 2013; and by five years for EB-3 Philippines, to January 1, 2010. Cutoff dates for final action on an adjustment or immigrant visa application are unchanged.
To view entire article, click here.
Philippines, September 25, 2015
Work Permit Exclusions to be Expanded; New Understudy and Publication Requirements to be Implemented
Certain corporate officers and executives are eligible to be excluded from the Alien Employment Permit (AEP) documentary and process requirements starting September 28, 2015. Additionally, the Department of Labor and Employment (DOLE) will publish foreign workers’ information to allow for an objection period, and foreign workers will need to conduct an understudy training program to transfer their knowledge to two Filipino workers.
To view entire article, click here.
Israel, September 30, 2015
Extensions Limited for Work Permits and B-1 Visas Beyond 63 Months
Employers of foreign experts under work permits and B-1 visas can no longer extend such visas beyond 63 months, according to instruction to the Ministry of Interior by the Ministry of Finance and the Ministry of Economy. This instruction is expected to indefinitely delay pending work permit and B-1 visa extension applications.
To view entire article, click here.
Other Immigration News This Week
United States: State Department Extends Maximum Validity of Visitor and Student Visas for Kenya – Effective September 22, 2015, Kenyan nationals are eligible for visitor and student visas of longer duration. The State Department has revised the reciprocity schedule for Kenya to reflect 60 months’ maximum validity for the B1, B2, B1/B2, F1 and F2 nonimmigrant visa categories. Previously, these categories were subject to a maximum 12-month visa validity period. All other visa validities remain unchanged.
United States/India: Delays at Indian Consulate in Chicago – Due to a high volume of applications, applicants to the Indian Consulate in Chicago will likely experience significant processing delays over the next several weeks. Travelers should submit applications as soon as possible to avoid unnecessary delays during the next few months.
Global Immigration News Links
With the imminent retirement of House Speaker John Boehner, Bloomberg Politics looks into his likely successor House majority leader Kevin McCarthy's (R-CA) stance on immigration.
A Pew Research Center study finds that 55 percent of U.S. population growth from 1965-2015 has been spurred by immigration.
Representative Luis Gutiérrez (D-IL) introduced a legislative bill that, if passed, would extend access to the nationwide healthcare exchange to undocumented immigrants.
Following the European summit on the immigration crisis, several countries in southeast Europe have relaxed their strict border rules in an attempt to relieve tension in the area.
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.
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