Weekly Immigration Update: August 19–25, 2022
August 25, 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.
- United States: U.S. Citizenship and Immigration Services (USCIS) has confirmed that it has received a sufficient number of H-1B cap petitions to fill the 85,000 slots available for the coming fiscal year, which begins October 1. The Department of Homeland Security (DHS) will soon publish a final regulation that is intended to reinstate the Deferred Action for Childhood Arrivals (DACA) program, after a federal court invalidated the prior program last year. While an existing court order prohibits DHS from granting initial DACA requests and related benefits, current DACA beneficiaries may continue to renew their benefits under the terms of the existing court order.
- India: Certain Indian consular posts now require foreign nationals applying for an Employment Visa to be paid by the host/visa sponsoring entity in India.
- United Kingdom: New Home Office guidance expands digital compliance check options for registered immigration sponsors, which may include video conference interviews and internal checks based on public resource and government data sharing.
- Mozambique: Revisions are forthcoming to the short-term tourist visa, including a new visa waiver program for select nationalities, and the implementation of an eVisa system.
- Worldwide/Russia: Belgium is once again permitting long-term visa applications in Russia. Estonia plans to refuse entry to Russian citizens who hold a Schengen visa from any Schengen-associated country. See our consolidated alert.
- Belarus: Belarus has published new quarterly salary requirements, which affect both foreign workers and their dependents. See our consolidated alert for more information.
These items and other news from Italy, and the United Kingdom follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, August 24, 2022
DHS Issues Final DACA Regulation, But Court Challenges Are Possible
- The final regulation is intended to reinstate the DACA program largely unchanged in the wake of its invalidation by a federal court last year.
- The rule is scheduled to be published on August 30 and to take effect on October 31. However, an existing court order prohibits DHS from granting initial DACA requests and related benefits. Further lawsuits challenging the rule are expected and are also likely to stall implementation.
- Until the rule is implemented or until further notice, current DACA beneficiaries may continue to renew their benefits under the terms of the existing court order.
To view entire article, click here.
United Kingdom, August 23, 2022
Digital Compliance Check Methods Expanded
- New Home Office guidance expands digital compliance check options, which may include video conference interviews and internal checks based on public resource and government data sharing.
- Sponsors are advised to familiarise themselves with the new compliance check methods to prepare for digital compliance audits.
To view entire article, click here.
United States, August 23, 2022
H-1B Cap Is Reached for FY 2023
- USCIS today announced that it has received enough H-1B cap petitions to fill the 85,000 slots available for the coming fiscal year, which begins October 1.
- In March of this year, USCIS selected 127,600 cap registrations to meet the quota, or approximately 26% of the total number of registrations received. Employers had until June 30, 2022 to submit petitions for registrants selected in the lottery.
- The agency will not run a second cap lottery for H-1B employment in FY 2023.
To view entire article, click here.
India, August 19, 2022
Implementation of Host Salary Requirement For Employment Visa Applicants
- Certain Indian consular posts (currently United States, Germany and Hong Kong SAR) now require foreign nationals applying for an Employment Visa to be paid by the host/visa sponsoring entity in India.
- Previously, foreign nationals’ salaries could have been paid either by the home or the host entity
To view entire article, click here.
Mozambique, August 19, 2022
Changes to Short-Term Tourist Visa, New Visa Waiver Program and eVisa System Forthcoming
- Mozambique’s government authorities have announced revisions to the short-term tourist visa, transitioning this option to a joint tourist-business visa. The visa validity period will also increase to 90 days, up from 30 days.
- Select nationalities will benefit from a new visa waiver program for tourists and business visitors. Authorities have not yet published an official list of eligible nationalities or permitted business activities.
- Immigration and tourism ministries will implement a new eVisa system, which aims to reduce processing times. This system is expected to cover tourist and business visas, but specific categories have not yet been released.
- These new systems and visa revisions are a part of Mozambique’s Economic Acceleration Stimulus Package, primarily intended to attract more investment and tourism to Mozambique.
To view entire article, click here.
Other weekly news briefs
Italy: Digital Nomad Visa on Hold Pending Elections – Parliamentary elections in Italy are scheduled for September 25, 2022, after which it may take several months to form a new government and another few months for the new government to resume pending work. Ministerial decrees that are required for the forthcoming Digital Nomad Visa to take effect are therefore expected to be on hold until the end of 2022. Issuance of the decrees was initially scheduled for July to August 2022.
United Kingdom: Scale-up Worker Visa Now Available – As a reminder, the new Scale-up visa subcategory is now live. This visa option is available to highly skilled foreign nationals with a job offer who meet the required salary level and will be employed by a UK Scale-up Sponsor.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
