Weekly Immigration Update: August 5–11, 2022

Brazil: Validity of Real Estate Investment Visa Extended, Among Other Revisions – A recently published resolution has extended the validity of the Real Estate Investment Visa to four years, up from the previous two-year validity, and relaxed several requirements. Foreign nationals who currently hold a Real Estate Investment Visa valid for two years must apply to the Ministry of Justice for a visa renewal, which will be granted for two additional years. After four years under the Real Estate Investment Visa, foreign nationals are eligible for indefinite residence. A key change in the resolution is that applicants no longer need to prove that their real estate investment has the potential to create jobs or generate income in Brazil. Additionally, visa holders must now stay in Brazil for at least 14 consecutive or cumulative days every two years (counted from the date of registration with the Federal Police). Previously, visa holders were required to stay in Brazil for 30 consecutive or cumulative days during the validity of the visa.  

Bulgaria: Faster Consular Processing for D Visas – Consular processing times for D visa applications for long-term travel to Bulgaria have decreased to 15 calendar days, down from 60 calendar days. Foreign nationals applying from outside of Bulgaria will be able to enter Bulgaria more quickly as a result of the decrease.

Costa Rica: Reduced Period of Stay for Group Two Visitors and Expansion of Visa Exemption – The General Immigration Directorate (DGME) published a resolution that reduces the maximum period of stay to 30 days per visit in Costa Rica, down from 90 days, for visa-exempt tourists and business visitors who are a part of Group Two as classified by the DGME. However, these foreign nationals can apply to the DGME for an extension of their stay for up to a total of 90 days. Additionally, the resolution expands visa-exempt status to additional foreign nationals from visa-required countries who hold visas or residence in other specified countries.

Kuwait: Issuance of Family Visit and Tourist Visas Suspended until Further Notice – Effective immediately, Kuwait’s Ministry of Interior has suspended the issuance of family visit visas and tourist visas until further notice, excluding e-visas and visas-on-arrival issued to nationals of select countries. A new regulatory framework is being developed while this suspension is in place. No further details have been announced at this time.

Mexico: Authorities Pilot Electronic Entry (FMM) Program – Immigration officials at the Cancun and Guadalajara airports have been requiring some travelers to complete an electronic Multiple Immigration Form (FMM) when entering Mexico, instead of a paper FMM. If approved for entry, these foreign nationals will receive a stamp in their passport indicating the allowable period of stay in Mexico. Those entering with a Temporary Residence Visa for the first time will also receive a QR code upon submission of the electronic FMM, which they must present to the immigration officer upon entry and when completing the registration process at the National Immigration Institute office in Mexico. The measure is part of a pilot program to promote digitalization and to expedite the immigration process at Mexican airports. Travelers entering Mexico should follow immigration officials’ instructions. Please contact your Fragomen representative for case-specific advice if you plan to enter Mexico through the Cancun or Guadalajara airports.  

Mexico: Resident Card Printing Issues Causing Processing Delays – The National Immigration Institute’s (INM) branches in Guadalajara, Leon, Monterrey, Puebla, Saltillo and Toluca are experiencing a shortage of printing materials, which is preventing these offices from printing new or renewal Residence Cards. As a result, foreign nationals with pending immigration applications in Mexico who do not have a valid Resident Card may face restrictions in the following: traveling abroad; initiating certain government services, such as obtaining a driver’s license; and initiating financial processes, such as opening a bank account. Those with imminent travel plans should contact their immigration professional for case-specific advice. Fragomen is contacting affected clients and is monitoring this issue to report on relevant developments.

Montenegro: Digital Nomad Permit Forthcoming – The Montenegrin government has created a legal framework to introduce a digital nomad permit. Foreign nationals will be eligible for this permit if they are employed abroad (self-employed or by a company) and are seeking to work from Montenegro via telecommunication tools. The permit will be granted for up to two years and will be renewable for an additional two years. After four years of cumulative stay, a six-month cooling-off period would apply. Further regulations are required for the new visa category to take effect and are expected to be published no later than November 9, 2022. However, implementation could be delayed as Montenegro is currently forming a new government, which is expected in Q3-Q4 2022. The visa was first announced in October 2021.

Morocco/Togo: Visa Waiver Agreement – Togo has implemented a visa waiver agreement that will allow Moroccan nationals to enter Togo as tourists or business travellers without a visa. Moroccan authorities have also confirmed a similar agreement but have not published an implementation date. The governments have not yet announced how long individuals will be permitted to stay in each country under the agreements.

Netherlands: Broader Long-Term Entry Visa Requirement for Turkish Citizens Forthcoming – Starting October 1, 2022, most Turkish citizens will be required to obtain a long-term entry visa (MVV) if seeking to stay in the Netherlands for more than 90 days. Currently, many categories of applicants are MVV-exempt, including Highly Skilled Migrants, EU Intra-Company Transferees, entrepreneurs, and those seeking family reunification. Details on this change are forthcoming. Affected applicants should anticipate additional consular visits before being travel authorized.

Schengen Area/Norway: Travel to Some European Countries Permitted with Expired Passports – Norwegian nationals over the age of 16 may travel to Greece, Iceland, and Portugal until December 31, 2022 with a passport that expired within the last three years. Similarly, Norwegian children under the age of 16 with passports that expired in the last year may also travel to these countries. These agreements were established to permit travel for those unable to renew passports due to the COVID-19 pandemic. Norwegian nationals are encouraged to renew passports as soon as possible; processing delays mean renewals can take up to seven weeks from the order date.

United States: OMB Clears Review of DHS/USICE Proposal to Provide Alternative to Physical Examination Associated with Form I-9 Verification – The Office of Management and Budget (OMB) has completed review of a Department of Homeland Security (DHS)/U.S. Immigration and Customs Enforcement (ICE) proposed regulation entitled, “Optional Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I-9).” The proposal has been under review since June 2022. ICE plans to provide an alternative to the in-person inspection of identity and employment authorization documents in the Form I-9 employment eligibility verification process. The details of the proposed regulation are not yet known, but could include forms of remote inspection similar to those that have been temporarily in place and will remain in place through October 31, due to the COVID-19 pandemic. Delayed from its July publication, Federal Register publication of the proposed regulation is the next step in the regulatory process and will be followed by a comment period during which the public may submit feedback on the agency’s proposal. Fragomen is monitoring the progress of I-9 developments and will provide updates as appropriate.