Weekly Immigration Update: August 10 - 16, 2018

In United States immigration news this week, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance on how the agency will calculate the accrual of unlawful presence for F, J and M nonimmigrants. USCIS also announced that next month it will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department's September Visa Bulletin.

Also in the United States, Temporary Protected Status for Yemen will be extended by 18 months, through March 3, 2020. Yemeni TPS beneficiaries will be required to re-register to extend their benefits.

In the European Union, the European Commission has advised stakeholders to prepare for a scenario where a withdrawal agreement is not agreed upon or ratified in time. Poland has waived its requirement for labor market testing for shortage occupations. Luxembourg has increased the minimum gross monthly salary for foreign workers.

In India, government offices in Kerala are temporarily closed due to widespread flooding. Across the Middle East, government offices will also be closed due to the upcoming Eid Al Adha holiday.

These items and other news from Australia, Canada, Chile, New Zealand, Panama, Portugal, Russia, Slovak Republic, Turkey, and Venezuela follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, August 14, 2018
Yemen TPS Re-Registration Period Opens

• Temporary Protected Status (TPS) for Yemen is extended for 18 months, from September 4, 2018, through March 3, 2020.
• Current Yemeni TPS beneficiaries have until October 15, 2018 to re-register to maintain status through March 3, 2020.
• Current Yemeni TPS employment authorization documents with an expiration date of September 3, 2018 will automatically be extended through March 2, 2019.

To view entire article, click here.

United States, August 13, 2018
September Visa Bulletin Update - USCIS to Honor Employment-Based Final Action Dates Only Next Month

• In September, USCIS will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department's September Visa Bulletin.
• Through August 31, USCIS will continue to accept adjustment of status applications according to the August Visa Bulletin final action dates, even for EB-2 and EB-3 categories that were immediately retrogressed by the State Department on August 8. 

To view entire article, click here.

 

United States, August 10, 2018
USCIS Issues Revised Guidance on Unlawful Presence for F, J and M Nonimmigrants

• USCIS has clarified that an F-1 or M-1 foreign student who files a timely request for reinstatement of their status after a violation will not accrue unlawful presence while the request is being adjudicated.
• A J-1 exchange visitor will not be deemed to have accrued unlawful presence if he or she files a timely request for reinstatement after a status violation and the request is approved. 

To view entire article, click here.

 

Luxembourg, August 16, 2018
Minimum Salary Level Increased

Effective August 1, 2018, the minimum gross monthly salary for foreign workers in Luxembourg has increased to EUR 2,458.25 for qualified workers and EUR 2,048.54 for unqualified workers, up 2.5 percent.

To view entire article, click here.

 

European Union, August 16, 2018
European Commission Urges to Prepare for No-Deal Brexit

While the European Union and United Kingdom remain committed to the Brexit Withdrawal Agreement, the European Commission has advised stakeholders to prepare for a scenario where EU law will cease to apply to and in the United Kingdom as of March 30, 2019 with no transition period. This 'No-Deal Brexit' or 'Cliff-Edge Scenario' would occur if a withdrawal agreement is not agreed upon or ratified in time.  

To view entire article, click here.

 

India, August 16, 2018
Government Offices in Kerala Temporarily Closed Due to Flooding

Government offices in Kerala, India, including the province of Kochi, are temporarily closed due to widespread flooding that affected transportation, power and water supplies. The government has declared a Red Alert in affected areas and Cochin International Airport has suspended operations for at least ten days. Foreign nationals with pending in-country immigration applications in this region should expect processing delays until the situation has normalized. Companies are advised to suspend sending foreign nationals to Kerala until the situation is normalized. 

To view entire article, click here.

 

Chile, August 14, 2018
Advance Online Appointments Now Required for All Immigration Filings

Effective August 1, 2018, the Immigration Department in Chile requires foreign nationals to schedule an online appointment prior to submitting any immigration application to the Central Immigration Office in Santiago. Previously, foreign nationals could secure appointments on the same day. Additionally, daily appointments have been significantly reduced. As a result of these two changes, foreign nationals submitting in-country applications may experience delays and extended processing times.

To view entire article, click here.

 

Venezuela, August 14, 2018
Personal Appearance Now Required for Some SAIME Transactions

The Venezuelan Immigration Office (SAIME) now requires foreign nationals processing visa renewal, local identification card renewal and passport transfer applications at the SAIME office to appear personally during all stages of these processes. Third party representatives are now limited to preparing documents, providing guidance and accompanying the foreign national to the outside of the SAIME office. 

To view entire article, click here.

 

Poland, August 14, 2018
Labor Market Testing Waived for Shortage Occupations

The Ministry of Labor in Poland has added job titles to the national shortage occupations list. As a result, employers are now exempt from the labor market test requirement for additional foreign workers, which may result in shorter work permit processing times for more locally-hired foreign workers.

To view entire article, click here.

 

Middle East, August 13, 2018
Eid al Adha Holiday Closures

Government offices across the Middle East will be closed due to the upcoming Eid Al Adha holiday. Employers and employees should expect longer processing times for various immigration applications. Delays could continue in the upcoming weeks due to application backlogs that accumulate during the closures.

To view entire article, click here.

 

Weekly News Briefs

Australia: Exemptions to Labor Market Testing Requirements Unchanged – The Australian Government has confirmed that exemptions to Labor Market Testing (LMT) requirements will remain unchanged for Temporary Skill Shortage (TSS) Visas. Interim exemptions that have been in place since March 2018 will remain available under the new regulations that took effect on August 12, 2018.

A Temporary Skill Shortage (TSS) nomination application is exempt from job advertising where:

• The nominee is an intra-corporate transferee, being assigned to an Australian business from an associated entity overseas;
• The nomination application is required only due to:
  • A change in corporate structure; or
  • A change in the nominee's guaranteed annual earnings (notably, a nomination for a change in occupation does require LMT);
• The nominee has an internationally recognized record of outstanding achievement in academia, research, sport, or as a top-talent chef;
• The nominated position attracts a base salary of at least AUD 250,000; or
• The nominated occupation is one of the following:
  • A medical occupation with ANZSCO code 253XXX (but not 253111 General Medical Practitioner or 253999 Medical Practitioners Not Elsewhere Classified);
  • A paramedic occupation with ANZSCO code 4111XX.

These exemptions are in addition to those that arise from Australia's commitments under various free trade agreements, as well as the World Trade Organization General Agreement on Trade in Services. These include exemptions based on the visa applicant's nationality, the jurisdiction from which the visa applicant is making an intra-corporate transfer and the nature of the visa applicant's proposed role in Australia.

Canada: CBSA Reduces Hours at Land Borders as it Officially Launches its Pilot "Flagpoling Program" – The Canada Border Services Agency (CBSA) has reduced the hours during which it will accept certain applications from individuals in Canada, as it officially launches its pilot "Flagpoling Program" at some of the busiest border crossings in Ontario and Quebec. Originally announced in June 2017, the Flagpoling Program aims to reduce the number of requests the CBSA receives at U.S. land border ports of entry from applicants who are already physically present in Canada, as opposed to those submitting applications to an in-Canada processing center. As a result, in-Canada applicants will have more limited access to process their work, study or visitor applications or to finalize their Permanent Residence process at a land border. In general, application processing times vary based on application type, and individuals in Canada should apply well in advance of their expiry or travel date.

The CSBA's reduced operating hours are:

• Ontario: Fort Erie (Peace Bridge), Niagara-on-the-Lake (Queenston-Lewiston Bridge) or Niagara Falls (Rainbow Bridge) ports of entry as follows: Tuesday, Wednesday, and Thursday from 8:00 a.m. to midnight.
• Quebec: St-Bernard-de-Lacolle and St-Armand/Philipsburg as follows: Monday to Thursday, from noon to 7:00 p.m.; Saturday, from 9:00 a.m. to 5:00 p.m.

New Zealand: Additional Expiry Period for Interim Visas – Starting August 27, 2018, Interim Visas issued by Immigration New Zealand (INZ) will expire 21 days after the temporary visa application is declined or withdrawn. Previously, these visas expired either when a decision was made or after six months if no decision had been made. An Interim Visa is granted to visa holders in New Zealand who have visas that are about to expire and have lodged a further temporary visa application. It is granted automatically while their application is being assessed.

New Zealand: Online Applications for Dependents – Partners and dependent children who enter New Zealand with or after the primary applicant can now apply online for a visitor, student, work or resident visa based on the immigration status of a sponsoring family member who is either a NZ citizen, a NZ visa holder or a NZ visa applicant. The online system was available for primary applicants and has now been expanded. Applicants can upload application documents to an online portal instead of the previous requirement to send original documents. This decreases the processing time for dependents' visa applications.

New Zealand: E-Visas Now Issued Instead of Passport Labels for Visas – Effective July 4, 2018, Immigration New Zealand (INZ) is issuing e-visas that travellers must now print out and bring to the port of exit when travelling to New Zealand. INZ no longer issues physical visa labels.

Panama: Tourist Visa Exemption Expanded – Effective immediately, Panama has expanded the tourist visa exemption to those currently holding a residence permit or a valid multiple-entry visa from Japan, Korea, Singapore or any EU Member State. This list adds to the original rule, which allowed foreign nationals with a valid visa from a Schengen country, Australia, Canada, the United Kingdom or the United States to enter as a tourist without a visa. The updated rule also reduces the required validity period of the qualifying visa from the origin country; it must now only be valid for six months instead of one year. The previous rule requiring use of the visa at least once in the issuing country continues to apply.

Portugal: Visa Validity to Match Assignment Duration – In a change of policy, consular and immigration officials are now issuing visas with a validity matching the underlying assignment duration. Foreign nationals should benefit from no longer having to obtain a visa renewal or temporary residence permit for short assignments.

Russia: No Retroactive Effect for Change of Residence Registration Rules – Russian authorities have confirmed that foreign nationals legally registered under the previous residence registration policy do not have to change their registration to comply with the new rule, which requires the landlord (e.g. the accommodation provider) to register on behalf of the foreign national. Additionally, authorities have confirmed that foreign nationals are authorized to complete registration themselves if their landlord is unable to complete registration due to a business trip, hospitalization, residence abroad or similar reason, and if the reason can be documented. Applicants should check with their local migration office before attempting to register themselves as not all local divisions will honor these exceptions.

Slovak Republic: Delays at Slovak Embassy in India – The Embassy of the Slovak Republic in New Delhi, India has reported an appointment delay of one month for visa applications and up to seven months for residence permit applications. This affects all visa nationals applying for a visa for Slovakia through India, as well as visa-exempt nationals and visa nationals seeking an EU ICT Permit or Single Permit application for Slovakia through India. Visa-exempt nationals and visa nationals with a long-term residence status in another country than India may be able to file their application elsewhere. Fragomen will work with affected applicants to minimize delays. Fragomen expects that the current Slovak delay may be a spillover effect from prior delays for the Czech Republic and Germany, with employers seeking alternate locations to employ their foreign workforce.

Turkey: Adjudication Delay Increased – Turkish officials have unofficially conveyed that delays in residence permit processing as a result of additional processing at the main Migration Directorate office in Vatan have increased to two to three months from filing, up from four weeks. Fragomen will continue to work with affected employers and foreign nationals to seek case-specific solutions to alleviate the delays.

Venezuela: Additional Documents Required for 90-Day TR-L Visa Applications – Effective August 14, 2018, the Venezuelan Immigration Office (SAIME) requires all foreign nationals applying for a 90 Day TR-L visa to include the following additional documents with their application package:

• Foreign national’s CV in Spanish; and
• Company letter printed on company letterhead with stamp and signature from the legal representative, detailing the exact activities to be performed in Venezuela, the exact length of the visit and the address where the foreign national will stay during the visit to Venezuela.

This change is due to political changes in the country and it is not clear if this affects all or some nationals. Applicants should work with their immigration provider to determine the best course of action.

 

Global Immigration News Links

• In spite of efforts to table immigration issues until after the midterm elections, Congress may be forced to take up the Deferred Action for Childhood Arrivals (DACA) program and funding for a border wall following their August break, according to CNN. 
• The Trump administration may be close to reaching a North American Free Trade Agreement (NAFTA) with Mexico but issues are yet to be resolved with Canada, Bloomberg reports.

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