Weekly Immigration Update: August 13–19, 2021
August 19, 2021
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.
- United States: According to the State Department’s September Visa Bulletin, there will be solid movement across most employment-based categories for the final month of FY 2021. U.S. Citizenship and Immigration Services (USCIS) will honor final action dates for employment-based categories next month. USCIS has also announced that as of August 13, 2021, it has received enough petitions for returning workers under the remaining H-2B visas made available by a supplemental H-2B regulation for FY 2021. The agency will reject and return any cap-subject petitions for H-2B returning workers received after August 13, along with any accompanying fees.
- Australia: The Australian government has published two new rules regarding the processing of Skilled Visa applications, which prioritize applications for certain categories of foreign nationals and employers. In a final report published this week, the Joint Standing Committee on Migration recommended streamlining intra-corporate transfers visa programs, consolidating skilled occupation lists; and providing additional pathways to permanent residence, among other changes.
These items and other news from Australia, Ghana, India, Mexico, the Philippines, South Africa, Sweden, and the United Arab Emirates follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
Cap Reached for Remaining FY 2021 Returning Worker H-2B Visas
- On August 13, 2021, USCIS received enough H-2B petitions for returning workers under the remaining H-2B visas made available by a supplemental H-2B regulation for FY 2021.
- USCIS will reject and return any cap-subject petitions for H-2B returning workers received after August 13, 2021, along with accompanying fees.
- USCIS will continue to accept H-2B petitions for workers that are exempt from the cap. USCIS is also accepting cap-subject H-2B petitions for the first half of FY 2022 for employment start dates on or after October 1, 2021 and before April 1, 2022.
To view entire article, click here.
Australia, August 19, 2021
New Rules Prioritize Applications for Certain Categories of Foreign Nationals and Employers
- The Australian government has issued new rules regarding the processing of Skilled Visa applications.
- Under the rules, the government will process with highest priority Temporary Skill Shortage (TSS) visas and other skilled visas for Hong Kong SAR or Hong Kong British National (Overseas) passport holders; with high priority for applications for sectors identified by the government as critically important during the COVID-19 pandemic and post-pandemic recovery; for employers party to a Global Talent Scheme agreement or who hold Accredited Status, among others.
- The government will also process skilled permanent visa applications, including Employer Nomination Scheme and Regional Employer Sponsored visas, in a certain priority order based on categories of applicants.
- The government will process the visa applications of groups identified as high priority faster than those of other categories. Significantly, within all priority groups, priority will be afforded to applicants who are in Australia ahead of applicants who are located outside of Australia.
To view entire article, click here.
Australia, August 16, 2021
Final Report on Skilled Migration Program Published
The Joint Standing Committee on Migration has published the Final Report of the Inquiry into Australia’s Skilled Migration Program, including the following recommendations:
- Streamlining of intra-corporate transfers;
- Consolidation of skilled occupation lists;
- Additional pathways to permanent residence;
- Exemptions for labour market testing;
- Expansion of Skilling Australian Fund levy exemptions; and
- Greater concessions for regional Australia visas.
The Federal Government is reviewing the Final Report and will provide a response to the Committee’s recommendations soon. Eventually, these recommendations may become policy.
To view entire article, click here.
United States, August 13, 2021
September 2021 Visa Bulletin: Solid Movement Across Most Employment-Based Categories for Final Month of FY 2021; USCIS to Honor Final Action Dates for Employment-Based Categories
- EB-1 China and EB-1 India will remain current.
- EB-2 China will advance by three months to July 1, 2018, and EB-2 India will advance by three months to September 1, 2011.
- EB-3 India will advance by six months to January 1, 2014, while EB-3 China will remain at January 8, 2019.
- EB-5 China (Non-Regional Center program) will advance by one week to November 22, 2015.
- Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s September 2021 Visa Bulletin.
To view entire article, click here.
Mexico, August 13, 2021
Stricter Rules for Registration Process Implemented
- Effective immediately, temporary or permanent residence applicants in Mexico City, Toluca and Guadalajara must visit the National Immigration Institute (INM) to complete biometrics within three days after the INM issues their registration approval letter. Applicants who do not comply with this new rule may have their file archived. If the applicant would still like to complete the process, they will need to petition the government, but they will not hold residence status during this period.
- Previously, applicants were not subject to a deadline to complete biometrics.
- This change affects foreign nationals who are registering their residency after arrival, obtaining a residence renewal or changing status to permanent residence, and is expected to be implemented by other INM branches soon.
- Affected applicants should remain in Mexico until they complete the entire formal registration process, which includes the submission of biometrics.
To view entire article, click here.
Other weekly news briefs
India: New Electronic Emergency Visa Introduced for Afghan Citizens – The Indian government has announced the availability of the "e-Emergency X-Misc Visa", an electronic visa program for Afghan citizens seeking to travel to or take refuge in India. The online portal is available for Afghan citizens to apply for the visa. The e-Emergency X-Misc Visa is expected to be valid for six months only. The Ministry of Home Affairs is likely to release additional information soon. If you are interested in this new electronic visa, please contact your Fragomen representative for assistance.
Mexico: Additional Document Requirement for INM Corporate Registration Process – Companies applying for a Corporate Registration Certificate and who have a REPSE certificate (Registro de Prestadoras de Servicios Especializados u Obras Especializadas) are now required to submit the REPSE as part of the application process. REPSEs are issued by the Ministry of Labor to companies determined to be specialized service providers under Mexican labor law (such as those providing administrative services, among others). Companies that are already registered with the Instituto Nacional de Migracion (INM) must submit their REPSEs as soon as possible in order to update their existing registration file. Affected employers that do not have a Corporate Registration Certificate issued by the INM, or who fail to maintain an up-to-date Corporate Registration file, may be unable to continue sponsoring foreign nationals for initial or renewed temporary residence visas. Affected employers should contact their immigration and labor professionals for case-specific advice.
Philippines: New Procedure for Filing Work Visa While Abroad – Qualified foreign nationals may now file their 9(g) work visa and Department of Justice (DOJ)-issued 47(a)2 visa applications while abroad. The new procedures will replace the need for qualified foreign nationals to obtain the travel ban exemption (TBE) approval document prior to entering the Philippines. Previously, the Philippine work visa application steps were completed in country. However, with the new Bureau of Immigration (BI) and DOJ guidelines, qualified foreign nationals may now apply for their 9(g) work visa and 47(a)2 visa work visa (through their sponsoring entity in the Philippines) while they are outside the country. Once these work visas are approved in the Philippines, entry authorizations to the Philippines will be issued by the relevant foreign posts to the qualified foreign nationals, allowing them to enter and complete the post-arrival application steps, which may include visa implementation and the ACR I-card application (if applicable). Note that 47(a)2 visa applications filed while the foreign national is outside the country are currently only limited to those connected to foreign-funded transportation and infrastructure projects. Until further notice, foreign nationals filing 47(a)2 visas under Philippine Economic Zone Authority (PEZA)-registered companies will still need to obtain TBE approval prior to entering the country.
South Africa: 2021 Critical Skills List Finalized – The Department of Home Affairs has announced that the Department of Higher Education and Training has finalized a critical skills list. The critical skills list outlines skills that are in short supply in South Africa and eligible applicants with roles on the list can apply for a Critical Skills Work Visa. The Minister of Home Affairs will publish the final list after the National Economic Development and Labour Council (NEDLAC) has made its input. NEDLAC is a body representing government, labour and business in South Africa. By law, it must provide an input on any matter that can have an impact on the labour market. The new list is expected to take effect on October 1, 2021.
Sweden: Processing of Dependent Permanent Residence Applications Delayed – Swedish migration authorities have confirmed that the processing of dependent permanent residence applications is temporarily suspended, following changes in document requirements that took effect July 20, 2021. Under the new process, the principal application will be processed first, followed by any accompanying spouse or partner, and finally any accompanying children. With government processing times at approximately one to two months, Fragomen expects corresponding delays to family members’ applications.
United Arab Emirates: Students Can Now Verify Nominations for Student Golden Visas – The government of Abu Dhabi has introduced a dedicated website that allows students residing and studying in the Emirate to verify that they have been nominated for the Student Golden Visa, a 10-year long-term residency permit for select outstanding student graduates and their families. According to the regulations, students who have achieved 95% or higher in the UAE Ministry of Education curriculum final exams qualify for the Student Golden Visa. Eligible candidates can apply for the visa online through the Federal Authority for Identity & Citizenship website, or by visiting any TAMM or Tasheel Service Centre.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.