Weekly Immigration Update: April 13 – 19, 2018

In United States immigration news this week, USCIS announced that it received 95,885 advanced-degree H-1B cap submissions and 94,213 standard H-1B cap submissions during the FY 2019 filing period. 

Immigration, Refugees and Citizenship Canada introduced a new performing arts work permit category. Canada has also released details on its relaxed medical inadmissibility policy.

Foreign nationals in Brazil who filed applications to convert temporary work visas to permanent residence visas with the Ministry of Justice before November 21, 2017 must refile their applications with the Ministry of Labor. Guatemala now requires valid police clearances from foreign nationals renewing their Temporary Residence permits or applying for Permanent Residence permits. Chile has introduced new humanitarian visas for Haitian and Venezuelan nationals and is set to introduce additional visa categories to attract foreign workers.

In Spain, residence card applicants whose passport does not contain a Spanish entry stamp will need a statement of entry from the Spanish police.

In the United Kingdom, the monthly quota for non-European Economic Area nationals sponsored under the Tier 2 (General) Visa category has been exceeded for the fifth time.

These items and other news from Brazil, Canada, Colombia, France, Greece, Nigeria, Russia and the United Arab Emirates follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, April 13, 2018
USCIS Releases Breakdown of FY 2019 H-1B Cap Filings

USCIS received 95,885 advanced-degree H-1B cap submissions and 94,213 standard H-1B cap submissions during the FY 2019 filing period.

To view entire article, click here.
 

Chile, April 19, 2018
New Visa Categories Introduced 

The Chilean government has announced changes to the current immigration system, including the following:

• New humanitarian visas for Haitian and Venezuelan nationals, effective immediately; and
• New visas to be effective in July and August intended to attract foreign workers.

To view entire article, click here.

 

Nigeria, April 19, 2018
Delays Expected as Mandatory Online Service to Launch

The Nigerian Ministry of Interior will be launching a mandatory online service on May 7 which may delay the issuance of several permit types processed by the Ministry of Interior once the service is launched. Additionally, employers will be required to obtain online application numbers and verification codes to use the online process. 

To view entire article, click here.

 

Brazil, April 18, 2018
Resubmissions Required for Conversion of Temporary Work Visas to Permanent Work Visas

Effective immediately, foreign nationals who filed applications to convert temporary work visas to permanent residence visas with the Ministry of Justice prior to November 21, 2017 must refile their applications with the Ministry of Labor, due to incompatibility in the data collection systems of the two ministries. Foreign nationals may experience additional delays in processing due to additional documents required for the resubmission of their application. Resubmission does not require a new government fee.

To view entire article, click here.

 

United Kingdom, April 17, 2018
Tier 2 General Cap Reached for the Fifth Time

As anticipated, the monthly quota for non-European Economic Area nationals sponsored under the Tier 2 (General) Visa category has been exceeded again. Only prioritised applications for this category have been granted.

To view entire article, click here.

 

Guatemala, April 17, 2018
Police Clearance Required for Temporary Residence Renewals and Permanent Residence Applications

Effective immediately, foreign nationals seeking to renew their Temporary Residence permits or apply for Permanent Residence permits in Guatemala must present valid police clearances from their country of origin, all countries of legal residence within the last five years, and from Guatemala. Foreign nationals may experience processing delays and increased costs due to this additional requirement.

To view entire article, click here.

 

Canada, Updated April 19, 2018
Relaxed Medical Inadmissibility Policy Details Announced

The Minister of Immigration has released details on the relaxed medical inadmissibility policy, which would result in more foreign nationals with disabilities or some medical conditions to be admissible to Canada. It is possible that the government will hold pending applications in abeyance until the policy is officially implemented, however this remains unclear.

To view entire article, click here.

 

Brazil, April 16, 2017
Online Visa and Residence Permit Application System Outage

The Brazilian Ministry of Labor's online system, Migranteweb , is currently inoperable. As a result, foreign nationals cannot process any immigration applications that must be submitted on the system, including for visas, residence permits and other immigration processes, until the system is repaired. The Ministry is accepting Short-Term Technical Visa applications by email, due to this visa's urgency.

To view entire article, click here.

 

Spain, April 16, 2017
Residence Card Applicants Require New Document

The General Department of Immigration and Borders now requires foreign nationals seeking a residence card whose passport does not contain a Spanish entry stamp to obtain a statement of entry from the Spanish police, which requires swift action upon entry.

To view entire article, click here.

 

Canada, April 16, 2017
Performing Arts Work Permit Introduced

Immigration, Refugees and Citizenship Canada has introduced a new work permit category for eligible foreign nationals offered a position in Canadian non-profit performing arts organizations in the orchestral music, opera, live theatre and dance disciplines. The category requires employers to demonstrate reciprocal employment opportunities for Canadian artists abroad but does not require a labour market test.

To view entire article, click here.

 

Colombia, April 13, 2018
Degree Validation Delays

Foreign nationals are experiencing processing delays when obtaining degree validations, which are required for those with bachelor's degrees. Due to the delays, some affected foreign nationals may have to postpone their assignment start dates.

To view entire article, click here.

 

Weekly News Briefs

Brazil/France: New Working Holiday Program for French Nationals Introduced – Effective immediately, the Brazilian government has introduced a new working holiday program which allows French nationals between the ages of 18 and 30 to obtain a visa to travel, reside and work in Brazil for a maximum of one year. The visa is non-renewable. French nationals must obtain a visa abroad at a Brazilian consulate, register with the Federal Police within 30 days of their arrival in Brazil, and obtain a Work Booklet (CTPS) at the Ministry of Labor upon securing a job. Dependents are not allowed to accompany foreign nationals under this visa program. 

On March 18, 2018, the French government introduced a reciprocal visa which allows Brazilian nationals between the ages of 18 and 30 to similarly obtain a visa that allows them to travel, reside, and work in France for a maximum of one year. The French visa is also non-renewable.

Canada: Relaxed Medical Inadmissibility Rule Implementation Clarified – The Minister of Immigration has confirmed that the relaxed medical inadmissibility rules will go into effect June 1, and that until then, Ministerial discretion will be used to assess all applications with medical inadmissibility.

Greece: Update on Posted Workers Directive Adoption – Although there has been no official announcement on the progress of the Posted Worker Directive in Greece, Fragomen has observed movement by host companies and regional immigration authorities toward the new notification requirements required by the Directive. Additionally, authorities have informally announced that they are considering the development of a uniform online notification system, but have not yet confirmed a target date. Fragomen will report on updates as they become available.

Russia: New Employment Termination Notification Rules and Forms Introduced – The Ministry of Internal affairs of Russia has introduced new forms and rules concerning the responsibility of employers to notify the Russian government upon the conclusion or termination of a foreign worker’s assignment as well as to report full payment of Highly Qualified Specialists’ salaries on a quarterly basis. Employers will be required to use the new forms starting April 20, 2018. Failure to use the correct notification form may result in penalties.

Additionally, the government has clarified that in calculating the three-business day-deadline for submitting notifications of the start and end of an employment contract, employers should count from the day following the date of the contract conclusion or termination.

United Arab Emirates: Visa-Free Entry Announced for Citizens of Costa Rica and Montenegro – Effective immediately, citizens of Costa Rica are eligible for visa-free entry for stays of up to 90 days to the United Arab Emirates, and citizens of Montenegro for up to 90 days within a 180-day period. Previously, nationals of Costa Rica and Montenegro had to apply for a UAE visa prior to travel. Work activities are not allowed under this entry type. 

 

Global Immigration News Links

• A bipartisan group of 240 U.S. House of Representative members urged Speaker Paul Ryan to schedule debate on four competing immigration bills to protect young undocumented immigrants from deportation, Bloomberg reports.
• U.S. President Donald Trump is demanding Congress pass an immigration fix to allow the government to deport immigrants with certain criminal convictions, in light of a Supreme Court ruling that struck down a statute used to justify deportations of foreigners convicted of crimes.
• A New York Times editorial looks into the human impact of the Trump administration's efforts to end work authorization for certain spouses of H-1B visa holders.
• The European Union and the United Kingdom have started negotiations on the future relationship between the two after Brexit, the Guardian reports.
• European Union policymakers must move swiftly to clarify the post-Brexit status for Britons in EU-27 countries or risk complicating the recently agreed deal on citizens’ rights, a new Migration Policy Institute Europe and Goldsmiths, University of London report warns.
• The European Commission has proposed starting accession negotiations with Albania and Macedonia.

 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.