Weekly Immigration Update: April 22–28, 2022
April 28, 2022
In immigration news this week:
- Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and health requirements based on several factors, including fluctuating infection rates and growing vaccination initiatives. Visit Fragomen’s COVID-19 website for the latest immigration updates.
- European Union/Ukraine: Many EU Member States have implemented the EU Temporary Protection Directive, offering expedited stay, residence, and work status for Ukrainian citizens and eligible Ukrainian residents leaving Ukraine. Some other European countries are implementing their own national versions of the Directive. See our consolidated alert for more information.
- United States: The Department of Homeland Security (DHS)’s Uniting for Ukraine process is now open on the USCIS website, permitting eligible Ukrainian citizens and certain immediate family members who have been displaced by Russian aggression to be sponsored online for humanitarian parole to the United States by an eligible U.S.-based sponsor. Due to the ongoing COVID-19 emergency, U.S. Immigration and Customs Enforcement is extending its flexible I-9 document inspection policy through October 31, 2022.
- Sweden: Effective June 1, a new immigration law introduces a residence permit type for highly qualified jobseekers and start-ups, and imposes stricter review of employment conditions but more leniency for employers’ administrative mistakes where the employer acts in good faith.
- United Arab Emirates: It is expected that starting September 2022, the UAE government will implement updated entry visa and residency scheme rules with the aim of expanding eligibility for visas and creating a more dynamic labor market.
- Ireland: The Irish government has made five-year multiple-entry short stay visas available to applicants of all nationalities, whereas previously this type of visa was only available for Chinese nationals.
- The Czech Republic increased the minimum subsistence amount and will be increasing the EU Blue Card minimum salary amount on May 1, 2022. See our consolidated alert for more information.
- Worldwide: Government offices will be closed and there will be processing delays due to Eid-al-Fitr in early May, in much of the Middle East. See our alert for specific information.
These items and other news from Canada, the European Union, Finland, Malaysia, the Netherlands, and Peru follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
European Union, April 28, 2022
Skills and Talents Package to Attract and Retain Foreign Talent
The European Commission seeks to attract and retain foreign talent in the European Union through the Skills and Talents Package, a set of operational and legislative proposals which include the following key items:
- Amending the Single Permit Directive to allow in-country applications, reduce processing times and permit changes of employer;
- Amending the Long-Term Residents Directive to allow eligibility based upon accumulated stay in multiple EU Member States and under additional immigration statuses and to facilitate the right to move and work in a second EU Member State; and
- Creating an EU Talent Pool, an online platform to match foreign workers with sought-after skills and EU-based employers, with a pilot project for Ukrainian national beneficiaries of temporary protection in the European Union.
To view entire article, click here.
Sweden, April 28, 2022
New Immigration Law Introduces Jobseeker Permit, Administrative Leniency, Among Other Changes
The Swedish parliament approved a new immigration law which introduces the following key changes effective June 1, 2022:
- A new residence permit type for highly qualified jobseekers and start-ups;
- Leniency for administrative mistakes; and
- Stricter review of employment conditions.
To view entire article, click here.
The Netherlands, April 27, 2022
In-Country Delays Affect Visa-Exempt Applicants’ Start Dates
- Dutch immigration and municipal offices are facing appointment scheduling delays due to workload issues, causing delay for in-country registration appointments ranging from several weeks to several months.
- These delays impact work start dates for visa-exempt applicants, who need an in-country appointment before starting work.
To view entire article, click here.
United Arab Emirates, April 26, 2022
Expanded Entry and Residency Visa Rules Forthcoming
- It is expected that from September 2022, the UAE government will implement new regulations to attract applicants for long-term residency under updated Golden Visa and Green Visa rules.
- Additionally, the government will be introducing three new visa types to encourage job seekers, investors and entrepreneurs to enter the country without a sponsoring entity, and to allow trainees with a sponsoring entity to enter for educational and internship opportunities.
- These changes enable foreign nationals to remain in the country longer, since employment will no longer be tied to employer sponsorship (which except in some specific cases, could not be converted to long-term residency).
To view entire article, click here.
United States, April 25, 2022
Humanitarian Parole Process for Ukrainian Citizens Opens
- Starting April 25, Ukrainian citizens can be sponsored for humanitarian parole online under the Uniting for Ukraine program, a new application process.
- To qualify, beneficiaries must have been resident in Ukraine immediately prior to the Russian invasion through February 11, 2022, hold a valid Ukrainian passport or be the spouse, common law partner or child of a Ukrainian citizen, and have a U.S.-based sponsor.
- U.S. sponsors initiate the process by filing a declaration of support with USCIS, certifying their commitment to provide financial and other support to named beneficiaries.
- Approved beneficiaries are eligible for parole into the United States and work authorization for up to two years.
To view entire article, click here.
United States, April 25, 2022
EAD Auto-Extension Regulation Clears Federal Review
- A U.S. Citizenship and Immigration Services (USCIS) final rule that would temporarily increase the automatic extension period of employment authorization documents for certain renewal applicants has cleared the Office of Management and Budget, putting it closer to publication and implementation.
- The specific contents of the final rule are not yet known, but could temporarily lengthen the automatic 180-day extension of work authorization currently granted to foreign nationals who have filed a timely Form I-765 to renew certain categories of employment authorization.
- The rule should soon be published in the Federal Register and will take effect according to the timeline set forth in the rule.
To view entire article, click here.
United States, April 25, 2022
ICE Extends Interim COVID-19 Flexibility for Form I-9 Compliance Through October 31, 2022
- Due to the ongoing COVID-19 emergency, U.S. Immigration and Customs Enforcement is extending its flexible I-9 document inspection policy through October 31, 2022.
- Eligible employers will continue to be permitted to review I-9 identity and employment authorization documents without conducting a physical inspection until the interim policy expires or until three days after the COVID-19 emergency is over, whichever comes first.
- Employees onboarded on or after April 1, 2021 whose I-9s were completed without physical inspection of their documents must have their documents inspected in person once they begin working non-remotely on a “regular, consistent, or predictable basis.”
- The temporary policy allowing employers to accept expired List B identity documents during the COVID-19 pandemic is still set to expire on May 1.
To view entire article, click here.
Ireland, April 22, 2022
Expanded Eligibility Criteria for Multiple-Entry Visas
- The Irish government has made five-year multiple-entry short stay visas available to all visa nationals, where previously, this type of visa was only available for Chinese nationals.
- Also, foreign nationals with travel history to several countries other than Ireland can now apply for a multiple-entry visa to Ireland. Previously, travelers generally had to have a compliant Irish immigration history to qualify for a multiple-entry visa.
- These changes are in line with the government’s efforts to make the visa system and travel to Ireland more convenient, especially considering the country’s post-COVID-19 recovery efforts.
To view entire article, click here.
Other weekly news briefs
Canada: Relaxed Measures Forthcoming for Certain Former International Students and Permanent Residence Applicants – Immigration, Refugees and Citizenship Canada (IRCC) has announced several forthcoming temporary policies to address labor shortages in Canada. Starting between June and August of 2022, individuals in Canada who completed a Canadian post-secondary degree and who hold a post-graduate work permit expiring between January and December 2022 will be eligible for a work permit extension of up to 18 months. This provides more time for eligible foreign nationals to access pathways to qualify for and obtain permanent residence while contributing to the Canadian economy. Also starting between June and August of 2022, foreign nationals who applied for permanent residence through the temporary- to permanent-resident pathways in 2021 (for essential workers and international graduates) and who are awaiting adjudication of their applications will no longer be required to remain in Canada while their application is processed. Additionally, bridging work permits (which grant work authorization to permanent residence applicants awaiting the processing of their application) will be valid until the end of 2024, up from the current validity of one year; and immediate family members who are outside Canada and who were included as dependents in the principal’s permanent residence application will be eligible for their own open work permit.
Finland: Additional Two-Year Residency Available for Graduates and Researchers – Researchers and graduates in Finland can now apply for a new two-year residency permit to seek work or start a business after the conclusion of their studies or research work. Once two years have elapsed, the foreign national would need to apply for a different permit type. Applicants must apply for the permit within five years of the expiration of the student or researcher residency permit, but not before the study course or research work is concluded, and the applicant cannot be working when they apply. Further requirements include proof of sufficient financial resources (at least EUR 560 per month) for the duration of the permit. Applicants can apply for the permit while resident in Finland as a student or researcher, thereby extending their current residency permit, or can return to Finland after the completion of studies or research work. The government processing time for this type of permit is one to two months, with a fee of EUR 430.
Malaysia: Additional Endorsement Options for Some Work Pass Applicants – The Malaysia Digital Economy Corporation (MDEC) has expanded the available options for eligible Work Pass applicants to endorse their Work Passes, one of the last steps in the immigration process. In addition to the usual delivery and walk-in options, Foreign Knowledge Workers (FKW) and their dependents who are abroad whose Passes are approved under Employment Pass categories I and II can now complete their endorsement process at the ESD Satellite Centre (ESC) at Kuala Lumpur International Airport 1 if they have a Confirmation Letter issued by the MDEC. Applicants can select their preferred option for Work Pass endorsement when they submit their applications, and the option cannot be changed. However, in a limiting regulation, the MDEC will now only deliver Work Passes for Multimedia Super Corridor (MSC) Status Companies within the MSC Malaysia cybercity/centre area in Cyberjaya, Petaling Jaya and Kuala Lumpur, whereas this previously could occur for all companies (Information & Communications Technology Status and MSC Status) that submit applications via the MDEC portal. Endorsements can still be conducted at the Expats Service Centre by appointment.
Peru: Technical Issues with Online Visa Application System Resolved; In-Country Initial Visa Applications Streamlined – The technical issues reported last month that prevented foreign nationals from filing in-country visa applications in Peru have been resolved. Applicants can again submit their in-country visa applications through the National Superintendence of Immigration’s online visa application system. Additionally, foreign nationals submitting in-country visa applications no longer need to register (enrolamiento) through the online system prior to submitting their applications. Lastly, the National Superintendence of Immigration is scheduling initial biometric appointments approximately one week after the application is submitted, whereas previously, appointments were scheduled for up to four months after the request. It is expected that these changes will significantly improve the overall processing time for in-country initial visa applications, a major shift from the recent adjudication delays.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.