Fragomen Immigration Update: September 4 - 10, 2015
September 11, 2015
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In United States immigration news this week, the State Department issued the October Visa Bulletin in a revised format that affects the procedures under which employer-sponsored foreign nationals and their eligible dependents can submit an application for adjustment of status to permanent residence. The Bulletin announced a new cut-off date for eligibility to file an adjustment application and, as is customary, a cut-off date for final action on permanent residence applications.
Also in the United States, the Department of Homeland Security is expected to publish the regulation establishing the STEM optional practical training program for F-1 students by a federal court deadline of February 12, 2015, which would permit the program to continue uninterrupted.
Employers in Canada are advised to initiate work permit extension applications 180 days in advance of expiration now that Citizenship and Immigration Canada (CIC) will accept such applications more than 90 days from expiration. Also in Canada, the latest round of Express Entry program selections by CIC show ongoing selection flexibility as the recent draw also selected employees without a Labour Market Impact Assessment/Labour Market Opinion (LMIA) or a Provincial Nomination (PN) approval.
The Quebec Immigrant Investor Program (QIIP) is now accepting applications; most applications are due January 29, 2016.
The United Kingdom Home Office has proposed changes to the operation of Tier 2 quota to allow for more applicants to qualify under the monthly quota for Restricted Certificates of Sponsorship (RCoS).
Important Updates in Immigration This Week
United States, September 10, 2015
The STEM OPT Program: Next Steps and Planning for F-1 Students and Employers
The Department of Homeland Security is expected to meet a federal court’s deadline to publish the regulation creating the STEM OPT program for public notice and comment, which should allow the program to continue uninterrupted. However, organizations may wish to work with their immigration counsel to assess alternatives for F-1 OPT employees with STEM degrees, in the event that publication of the rule is delayed.
To view entire article, click here.
United States, September 9, 2015
October Visa Bulletin: State Department Announces Cut-Off Dates for Immigrant Visa Availability and Filing Eligibility
The October Visa Bulletin appears in a new format that affects the procedures under which employer-sponsored foreign nationals and their eligible dependents can submit an application for adjustment of status to permanent residence. The Bulletin announces a new cut-off date for eligibility to file an adjustment application and, as is customary, a cut-off date for final action on permanent residence applications. In October, final action dates will advance for China in EB-2 and EB-3 but retrogress for EB-2 and EB-3 India.
To view entire article, click here.
United States, September 4, 2015
State Department Expected to Announce Visa Bulletin Reforms for Employment-Based Permanent Residence
To alleviate the hardships caused by lengthy green card backlogs, forthcoming reforms to the State Department’s monthly Visa Bulletin are expected to allow eligible employer-sponsored foreign nationals to submit an application for adjustment of status to permanent residence before an immigrant visa becomes available. However, concrete details will not be known until the agency releases the reformed Bulletin in the coming days.
To view entire article, click here.
Canada, September 9, 2015
Latest Round of Express Entry Program Selections Show Ongoing Selection Flexibility
Citizenship and Immigration Canada conducted the sixteenth Express Entry draw this week, with 1,517 candidates invited to apply for permanent residence, including candidates who have not obtained a Labour Market Impact Assessment or Provincial Sponsorship.
To view entire article, click here.
Canada, September 9, 2015
Employers Advised to Initiate Work Permit Extension Applications 180 Days in Advance of Expiration
Citizenship and Immigration Canada has confirmed it will accept inland extension applications more than 90 days before the original permit’s expiration, due to significant increases in the processing time for these applications. Fragomen Canada is recommending that employers and foreign nationals begin preparing for work permit extension cases at least 180 days in advance.
To view entire article, click here.
Canada, September 8, 2015
Quebec Immigrant Investor Program Now Accepting Applications
The Quebec Immigrant Investor Program (QIIP) – which qualifies investors who make an investment in Quebec through an authorized financial intermediary for permanent residence - is now accepting applications. Most applications are due January 29, 2016. The program will accept 1,750 applicants. No more than 1,200 applicants will be accepted from any single country.
To view entire article, click here.
United Kingdom, September 4, 2015
Home Office Proposes Changes to Operation of Tier 2 Quota
The Home Office has proposed increasing the number of salary bands in the points table used to assess whether a Tier 2 (General) Visa applicant can qualify under the monthly quota for Restricted Certificates of Sponsorship (RCoS). Another proposed change would allow the Home Office to return unused places to the limit, which would increase the number of RCoS available.
To view entire article, click here.
Global Immigration News Links
U.S. Immigration and Customs Enforcement has reduced usage of a controversial tool to remove undocumented immigrants, with reports noting that 30% fewer requests were logged in April.
The White House announced that the United States would accept at least 10,000 refugees in the next fiscal year, which begins October 1, in light of the recent migrant crisis in Europe, the New York Times reports.
The Japanese Justice Ministry plans to implement new mobile fingerprint terminals called biocart terminals at international airports in the region, to speed up processing times.
UK immigration rules since 2012 have barred the entry of non-EU spouses if the UK partner does not meet a minimum income requirement, BBC reports.
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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