Weekly Immigration Update: April 27 – May 3, 2018

In United States immigration news this week, U.S. Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP) initiated their joint pilot program for Canadians making initial or renewal L-1 applications at the Blaine, Washington port of entry. The pilot program will remain in effect through October 31, 2018.

Effective May 8, European Union citizens will be able to obtain assistance from any EU consular post in a non-EU country where their country of nationality does not have a consular post. The United Kingdom’s government advertising website for Tier 2 General applications will be replaced on May 14 by a new website called Find a Job. In the Czech Republic, the minimum annual salary for Blue Card applications increased by seven percent.

Switzerland has extended the work and residence permit quota for Bulgarian and Romanian workers until the end of May 2019.

United Arab Emirates has released details on the requirements for companies to qualify for membership in the Emiratisation Partners Club.

These items and other news from Bahamas, Colombia, Czech Republic, Ecuador, Lithuania, Oman, Spain, Switzerland, Venezuela and the United States follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, April 30, 2018
Reminder - Pilot Program for Canadian L-1 Applicants at Blaine, WA Begins

The Blaine, WA pilot program - under which USCIS adjudicates Canadian L-1 border applications - runs through October 31, 2018. The program is optional.

To view entire article, click here.

 

United Arab Emirates, May 3, 2018
Emiratisation Partners Club Qualification Details Released

The Ministry of Human Resources and Emiratisation has released details regarding the requirements for companies to qualify for membership in the Emiratisation Partners Club. Club membership infers benefits such as a higher immigration rating and expedited employment-related transactions, among others, and it applies to non-free zone companies only.

To view entire article, click here.

 

Czech Republic, May 3, 2018
Consulate in New Delhi Reopens Appointment Booking

The Czech Embassy in New Delhi, India has resumed booking appointments via email after suspending this service in March. Foreign nationals in India will again be able to apply for Employee Cards and residence permits.

To view entire article, click here.

 

Switzerland, May 1, 2018
Work and Residence Permit Quota Extended for Bulgarian and Romanian Nationals

The Federal Council has announced that the quota of 996 long-term B permits for Bulgarian and Romanian workers will be extended for another year, until the end of May 2019.

To view entire article, click here.

 

United Kingdom, April 30, 2018
Government Advertising Website for Tier 2 General Applications to be Replaced

The government advertising website, Jobcentre Plus Universal Jobmatch service (UJM), used by employers to advertise for Tier 2 General applications where a Resident Labour Market Test is required, will be replaced by a new website, called Find a Job, on May 14, 2018. This will affect all employers, but particularly those who have information saved in the UJM system.

To view entire article, click here.

 

European Union, April 30, 2018
Increased Consular Protection for EU Citizens

After implementation of a new EU Directive, effective May 1, 2018, EU citizens will be able to obtain assistance from any EU consular post in a non-EU country where their country of nationality does not have a consular post.  

To view entire article, click here.

 

Japan, April 30, 2018
Golden Week Closures to Cause Delays

Japan's Immigration Bureau will be closed through May 5, 2018 for Golden Week holiday observance. Foreign nationals should expect processing delays for immigration applications filed before or after this period.

To view entire article, click here.

 

Czech Republic, April 27, 2018                   
Blue Card Minimum Salary Level Increased

Effective May 1, 2018, the minimum annual salary for Blue Card applications in the Czech Republic will increase to CZK 44,256, up 7 percent.

To view entire article, click here.

 

Weekly News Briefs

United States: International Entrepreneur Rescission Rule Clears OMB Review – The Department of Homeland Security’s (DHS) proposed rule to rescind the international entrepreneur rule (IER) has cleared Office of Management and Budget (OMB) review. DHS is expected to publish a formal notice in the Federal Register in the near future. Upon publication, organizations and individuals will have an opportunity to provide public feedback during a comment period, which is typically 30-60 days long. Fragomen will provide an update when that occurs.

In December 2017, USCIS began accepting applications for temporary parole under the IER after a federal court ruling ordered the Trump Administration to accept these applications while it took steps to rescind the Obama-era regulation. The court found that the Trump Administration failed to comply with procedural requirements when it postponed the effective date of the rule in July 2017. Promulgated in the Obama administration, the International Entrepreneur rule allows qualifying foreign entrepreneurs with U.S. start-up businesses to stay in the United States under temporary parole for up to five years if they can demonstrate substantial U.S. investment and potential for rapid growth and job creation. 

Bahamas: Visa-on-Arrival Available for Eligible Indian Nationals – Effective April 20, 2018, Indian nationals with a valid Schengen, United States, United Kingdom or Canadian visa can obtain a visa-on-arrival in the Bahamas. Immigration authorities at the port of entry in the Bahamas will issue an entry letter, which the foreign national will need to present to the Consular Division at the port to obtain the visa. Previously, Indian nationals were required to obtain a consular visa prior to traveling to the Bahamas.

Colombia: Warning on Fraudulent Emails Sent on Behalf of Immigration – Migración Colombia has warned on their website that fraudulent emails are being sent under their name to inform recipients that a process has been initiated against them which will prevent them from leaving the country. Migración Colombia has confirmed that they never notify applicants about such processes via email and all such emails should be considered fake. Any information related to a foreign national's immigration status will come through their immigration provider. At this time, there is no confirmation as to how many of these emails have been sent or received. Foreign nationals who receive such emails are advised not to open them and delete them immediately.

Ecuador: Requirement for Tourists to Provide Proof of Health Insurance Further Postponed – The implementation of the requirement for tourists to provide proof of health insurance when traveling to Ecuador has been further postponed from May 1, 2018 to June 22, 2018.  This new requirement will impact all foreign nationals traveling to Ecuador since even those foreign nationals who will apply for a visa in-country must enter Ecuador on a tourist visa.

Lithuania: Process Changes and Delays for National Visa D Applications – Effective immediately, National Visa D applications for secondment or work can no longer be filed in country, and instead must be filed abroad at Lithuanian consular posts. Foreign nationals must complete an online application form and submit it with the required documents to the consular post prior to travel. Processing times will vary by consular post. This change is meant to streamline the Visa D application process and better track foreign nationals seeking entry to Lithuania.

Lithuanian immigration authorities have also changed submission rules for host companies hiring foreign nationals and for companies seconding employees to Lithuania under a National Visa D. The host company must now submit the request through the Lithuanian government online portal. The system is currently only accessible to Lithuanian nationals or those with a Lithuanian national identification number; immigration authorities are developing the system to allow access to foreign nationals in the near future. Until wider access is available, authorities will accept hardcopy requests.

Lastly, Visa D application processing time is up to approximately 20-30 calendar days instead of the typical 15 calendar days.

Oman: Students and Retirees Can Now Work Part Time – The Ministry of Manpower has amended part-time employment regulations for Omanis by expanding the categories that can benefit from this type of employment to students and retirees. Employers in Oman must hire a specific number of Omani nationals to be able to employ foreign workers. Details of the regulations pertaining to part-time student employment include:

• Students age 15 and over enrolled in a public or a private school can work part time during holidays only and in professions set out by the regulations for the employment of juveniles.
• They must have their guardian’s consent but do not require approval from their school.
• Students enrolled in institutions of higher educational can work part time during holidays or while school is not in session and also do not require approval from the institution.
• Employers are required to issue an experience certificate for the entire duration of the part-time employment. 

Spain: Reminder - Stepchildren and Parents-in-law Do Not Qualify for Dependent Status – Spanish immigration authorities have confirmed that stepchildren and parents-in-law of a principal applicant under the Entrepreneur's Act visa do not qualify for dependent status. Fragomen can advise on alternatives on a case-by-case basis. 

Switzerland: High Unemployment Occupation List for Labor Market Testing Published – The Swiss Federal Council has released the list of occupations with an unemployment rate of over eight percent, for which employers hiring foreign workers in Switzerland will be required to conduct a labor market test starting July 1, 2018. The published list includes the following occupations: marketing positions; public relations positions; event managers; and communications positions. This new requirement will affect European Economic Area and other nationals applying for short-term L permits and long-term B permits. Foreign nationals affected by this requirement will see delayed processing due to the five-day posting timeframe and the time required for employers to review job applications and interview candidates. 

Venezuela: Personal Appearance Process Amended for Obtaining Legalized Document – As the website for the Ministry of Foreign Affairs is still inoperable and it is not possible to legalize a document issued in Venezuela, the only workaround for foreign nationals or Venezuelan nationals who need to legalize a document issued in Venezuela is to appear in person at the Ministry of Foreign Affairs and show evidence of upcoming travel. However, the Ministry is now requiring foreign nationals or Venezuelan nationals to present an outgoing airline ticket, validated by the airline, showing proof of travel within three business days, instead of five business days, as previously required. Foreign nationals and Venezuelan nationals should be aware of this new requirement as they plan their travel.

Venezuela: Technical Issues with Website Delaying Visa Transfer Process – Technical issues with the website for the Venezuelan Immigration Office, SAIME, are causing delays for foreign nationals who have obtained new passports and need to transfer their valid visas to the new passport. Foreign nationals who submit their passports for a visa transfer are experiencing processing times of eight weeks or longer, compared to the normal four week processing time. Foreign nationals should be aware of the delays as they plan their travel.

 

Global Immigration News Links

• The American Immigration Council analyzes the costs and consequences of prosecuting migrants for coming to the United States.
• U.S. Trade Representative Robert Lighthizer hopes to finish renegotiation of the North American Free Trade Agreement (NAFTA) in the coming weeks and get a revised agreement to a vote in Congress by the end of the year, Bloomberg reports.
• The BBC explains the UK's immigration system in charts.

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