Weekly Immigration Update: August 27–September 2, 2021
September 2, 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: Due to the ongoing COVID-19 emergency, U.S. Immigration and Customs Enforcement has extended its flexible I-9 document inspection policy through December 31, 2021.
- European Union: The European Council has removed the United States, Israel, Kosovo, Lebanon, Montenegro, and North Macedonia from its travel safe list due to rising COVID-19 infection rates in these countries. Though the removal has no practical effect until individual EU Member States implement travel restrictions, most EU Member States are expected to follow the Council’s recommendation.
- South Korea: Effective September 1, all travelers currently authorized for visa-free entry into South Korea must apply online for a South Korea Electronic Travel Authorization (K-ETA) at least 24 hours prior to boarding a flight to South Korea.
- United Kingdom: The Home Office updated the employer guidance for right to work checks for late applicants and also expanded acceptable documentation.
These items and other news from Bahrain, Mexico, Mozambique, Namibia, and Russia follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United Kingdom, September 2, 2021
Right to Work Check Guidance Updated for European Union Settlement Scheme Applicants
- The Home Office updated the employer guidance for right to work checks.
- Under the new guidance, European Union Settlement Scheme (EUSS) applicants and their dependents who submit late applications after the June 30, 2021 deadline will continue to have their UK residence and working rights protected while their applications are pending.
- Provided a valid application is filed, this will allow late EUSS applicants to evidence their right to work in the United Kingdom.
- Additionally, the Home Office has expanded the acceptable documents applicants under the EUSS can use to satisfy right to work requirements in the United Kingdom.
- As a result, employers should update internal Right to Work procedure documents and consider providing staff refresher training on the updated guidance.
To view entire article, click here.
European Union, September 1, 2021
United States of America, Among Other Countries, Removed from EU Travel Safe List
- The European Council has removed the United States from its travel ‘safe list’, an advisory list of countries with low COVID-19 infection rates from which non-essential travelers can travel to the European Union. The United States, along with Israel, Kosovo, Lebanon, Montenegro and North Macedonia, were removed due to rising COVID-19 infection rates.
- By removing the United States and other countries from the ‘safe list’, the European Council is recommending that EU Member States reinstate restrictions on non-essential travel from these countries.
- The recommendation is non-binding on EU Member States and will have to be implemented by individual EU Member States to take effect, although most EU Member States are expected to follow the recommendation.
- Even if the individual EU Member States do implement the recommended restrictions, travelers originating from these countries may still be able to enter the European Union if they are fully-vaccinated, according to the EU Member State’s guidelines, or qualify as essential travelers.
To view entire article, click here.
South Korea, September 1, 2021
New Electronic Travel Authorization Programs Implemented for Visa-free Entrants and Certain Business Visitors
- Beginning September 1, 2021, all visa-free entrants into South Korea must apply online for a South Korea Electronic Travel Authorization (“K-ETA”) at least 24 hours prior to boarding a flight to South Korea.
- This is required for all travelers with nationalities whose visa-free privileges are in effect, as some visa-free privileges have been temporarily suspended due to the COVID-19 pandemic. Those who fail to timely obtain a K-ETA will be denied entry into South Korea.
- Additionally, foreign nationals from countries whose visa-free entry rights to South Korea are currently suspended, but who intend to enter South Korea for “important business purposes” may be eligible to enter South Korea on visa-free status under the new K-ETA for Priority Entry (Business) Persons.
- For travelers whose visa-free privileges are in effect, applying for a K-ETA will create an added step to the entry process. However, the K-ETA for Priority Entry (Business) Persons may allow nationals whose visa-free privileges are currently suspended to enter South Korea more quickly than they would be able to by applying for a consular visa.
To view entire article, click here.
United States, August 31, 2021
ICE Extends Interim COVID-19 Flexibility for Form I-9 Compliance Through December 31, 2021
- Due to the ongoing COVID-19 emergency, U.S. Immigration and Customs Enforcement is extending its flexible I-9 document inspection policy through December 31, 2021.
- 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.”
To view entire article, click here.
Other weekly news briefs
Bahrain: Implementation of Phase Two of the Wage Protection System – Effective September 1, 2021, the second phase of the Wage Protection System will be implemented, applicable to employers in the private sector with 50 to 499 employees, according to an announcement by the Labor Market Regulatory Authority. It is expected that penalties will not be imposed on employers who fail to meet their obligations due to technical issues in the first six months of their use of the program.
Mexico: Increased Scrutiny of Immigration Documents for Foreign Nationals – For the past few weeks, immigration officials have been strictly scrutinizing foreign nationals upon arrival, particularly in Cancun and Mexico City. The measure is part of the government’s efforts to improve the control of irregular migration into the country. Foreign nationals traveling to Mexico should ensure they carry the proper documentation based on their immigration status in Mexico: residence permit holders should carry a valid passport and valid Resident Identity Card; foreign nationals with pending immigration applications should carry a valid passport and valid exit permit; and visitors should carry a valid passport (and visitor visa if applicable). Visitors may also be required to provide their round-trip ticket, proof of accommodation and proof of financial means during their stay in Mexico. Affected travelers should also allow sufficient time for passport and immigration document checks when traveling to Cancun or Mexico City.
Mozambique: New Minimum Wages Announced – The Mozambican government has approved new minimum wages for employees in the private and public sectors, which have gone into effect. The new increases vary by industry from increases of 1.5% to 8.7% as follows (at the time of publication, 1 USD is equivalent to MSN 63.73). Increases for select industries are as follows:
Mexico: Increased Scrutiny of Immigration Documents for Foreign Nationals – For the past few weeks, immigration officials have been strictly scrutinizing foreign nationals upon arrival, particularly in Cancun and Mexico City. The measure is part of the government’s efforts to improve the control of irregular migration into the country. Foreign nationals traveling to Mexico should ensure they carry the proper documentation based on their immigration status in Mexico: residence permit holders should carry a valid passport and valid Resident Identity Card; foreign nationals with pending immigration applications should carry a valid passport and valid exit permit; and visitors should carry a valid passport (and visitor visa if applicable). Visitors may also be required to provide their round-trip ticket, proof of accommodation and proof of financial means during their stay in Mexico. Affected travelers should also allow sufficient time for passport and immigration document checks when traveling to Cancun or Mexico City.
Mozambique: New Minimum Wages Announced – The Mozambican government has approved new minimum wages for employees in the private and public sectors, which have gone into effect. The new increases vary by industry from increases of 1.5% to 8.7% as follows (at the time of publication, 1 USD is equivalent to MSN 63.73). Increases for select industries are as follows:
- Agriculture, hunting and forestry:10% increase to MZN 4,829 from MZN 4,390;
- Industrial and semi-industrial fishing: 4.5% increase to MZN 5,570 from MZN 5,330;
- Mining (excluding quarries, sandpits and salt pans): 6.4% increase to MZN 9,843 from MZN 9,254;
- Mining: 3.2% increase to MZN 6,580 from MZN 6,379;
- Manufacturing: 6.4% increase to MZN 7,450 from MZN 7,000;
- Large electric, gas and water companies: 7.2% increase to MZN 8,900 MZN from MZN 8,300 MZN;
- Banking, insurance and other financial services: 7.25% increase to MZN 12,760 MZN from MZN 11,897; and
- Public Sector 5% increase to MZN 4,691 from MZN 4,368 MZN.
Minimum wages were last increased in April 2019.
Namibia/Russia: Mutual Visa Waiver Implemented – Russian and Namibian nationals are now able to enter the other country visa-free for business or touristic visits of up to 90 days within a 180-day period. The agreement was originally signed on April 14, 2021, and is aimed at increasing tourism and foreign direct investment between the countries.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
