Fragomen Immigration Update: September 5 - 12, 2014

In United States immigration news, the State Department will advance the EB-3 China priority date cut-off by five months, to April 1, 2009, in October. EB-3 will advance by one week for India, to November 15, 2003 and six months for all other countries, to October 1, 2011. EB-2 India will remain at May 1, 2009 next month, but could be retrogressed as early as the November Visa Bulletin. 

In the United Kingdom, residential landlords will soon be required to check prospective tenants’ documents to ensure they are legally present in the country. 

In Brazil, certain applicants for permanent residence, including MERCOSUR nationals and family members of Brazilian citizens, can look forward to significantly reduced identity card processing times, with a goal of issuance within 60 days of filing for permanent residence. 

Citizenship and Immigration Canada has confirmed that employers applying for work permit extensions are once again permitted to file work permit applications while a required Labor Market Impact Assessment application is still pending.

These items and other news from Indonesia and the United States follow in this edition of the Fragomen Immigration Update. 

Remember that the Immigration Update is available through both e-mail and Web version by clicking on "View as Web Page" above.

 

Important Updates in Immigration This Week

United States, September 9, 2014

October 2014 Visa Bulletin: EB-3 China and Worldwide Advance; Upcoming EB-2 India Retrogression Likely

The priority date cut-off for EB-3 China will advance by five months, to April 1, 2009, in October. EB-3 will advance by one week for India, to November 15, 2003 and six months for all other countries, to October 1, 2011. EB-2 India will remain at May 1, 2009 next month, but could be retrogressed as early as the November Visa Bulletin.

 

Indonesia, September 11, 2014

Government Fees for Immigration Services Increased

The cost of obtaining an Indonesian visit visa or visit visa extension has increased six-fold, and applicants with pending cases must submit additional processing fees, as a result of government-issued fee increases.

To view entire article, click here.

 

Brazil, September 10, 2014

Reduced Identity Card Processing Times for Most Permanent Residence Categories

Certain applicants for permanent residence, including MERCOSUR nationals and family members of Brazilian citizens, can look forward to significantly reduced identity card processing times. The Brazilian government is aiming to issue the cards within 60 days of filing for permanent residence.

To view entire article, click here.

 

Canada, September 9, 2014

CIC Will Again Accept Work Permit Extensions Where LMIA is Pending at Time of Filing

Employers applying for work permit extensions are once again permitted to file work permit applications while a required Labor Market Impact Assessment application is still pending, the CIC has clarified. This practice provides employers greater flexibility with regard to the timing of extension applications.

To view entire article, click here.

 

United Kingdom, September 5, 2014

Tenants Should be Prepared for “Right to Rent” Checks

Foreign nationals renting residential property in certain areas of the UK should be prepared to provide their immigration documents to landlords, who will soon be required to check such documents to comply with a new law meant to curtail illegal immigration.

To view entire article, click here.

 

Other Immigration News This Week

United States: DOL PERM Processing Times Updated – As of September 3, 2014, DOL was conducting analyst reviews for PERM applications filed in April 2014 or earlier and processing audited cases filed in March 2013 or earlier. The government error queue is current. DOL is working on standard reconsideration requests submitted in September 2014 or earlier. 

As of September 8, 2014, the processing times for PERM prevailing wage determinations (PWDs) are within the 60-day target timeframe. DOL is issuing determinations for prevailing wage requests submitted in July 2014. 

PERM and PWD processing times are available on the iCERT home page.

 

Global Immigration News Links 

• According to CNN, the blame game over inaction on immigration continues on Capital Hill as President Obama delays executive action until after midterm elections in November. Meanwhile, immigration reform advocates voice their dismay over the delay.
• Following Canada’s elimination of its foreign investor immigrant program, wealthy Chinese immigrant investors have set their eyes on the U.S., UK, Australia and Spain.
• While the UK has seen an influx of Romanian immigrants, Romania has seen a decrease in unemployment and an increase in support for the economy as immigrants send money back into the Romanian system.
• Even with the vote for Scottish independence pending, the Scottish government has stated that there would be no need for UK citizens to have a passport to travel to Scotland as they will remain a part of the Common Travel Area.
• Recent audits by Australia’s Fair Work Ombudsman found that up to 40% of foreign workers employed under subclass 457 visas were underpaid, not performing the jobs required of them, or no longer employed by the person who sponsored their entry.
• Germany has, in recent years, been facing an influx of asylum seekers and as a result is preparing to temporarily enforce tighter border controls.
• In Australia, the high court clearly set significant new constitutional limits on what is lawful for immigration detention, limiting detention to only three circumstances and limiting the length of time to only what is "necessary and incidental".

 

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