Weekly Immigration Update: December 16–22, 2022
December 22, 2022
In immigration news this week:
- Worldwide: As we enter the endemic phase of the COVID-19 era, travel restrictions and health requirements are waning based on growing vaccination initiatives. We are tracking related updates on our COVID-19 website.
- Singapore: The Ministry of Manpower (MOM) is now accepting applications (per entity) for temporary increases in S Pass and Work Permit quotas under the new Manpower for Strategic Economic Priorities (M-SEP) scheme.
- United States: According to the State Department’s January 2023 Visa Bulletin, EB-1 India and China will retrogress, while the other employment-based categories will hold steady. U.S. Citizenship and Immigration Services (USCIS) will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s January Visa Bulletin.
- Paraguay: A new immigration law restructures certain immigration categories and eligibility requirements.
- Canada: The updated list of occupations eligible under its Global Talent Stream program now includes civil, electrical and electronics, mining, and aerospace engineers; and electrical and electronics engineering technologists and technicians.
- Indonesia: Employers of foreign workers must submit the required annual report of foreign nationals by January 10, 2023.
- Minimum salary updates: Ireland revised minimum salary levels for 2023 and the Netherlands has revised its minimum salary requirements in compliance with the 30 percent ruling. See our consolidated alert for details.
These items and other news from Bahrain, Canada, Costa Rica, Ireland, Israel, New Zealand, Nigeria, Saudi Arabia, and South Africa follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
Ireland, December 22, 2022
Atypical Working Scheme Travel and Cooling-Off Period Rules Updated
- The Irish government will relax rules for the “general” category of applicants under the Atypical Working Scheme (AWS) on January 1, 2023.
- A 90-day permission under the AWS will be permitted to be spread over a six-month period, allowing the employee to travel intermittently during this period. The waiting time to commence a new AWS permission after this six-month period will also be reduced from 12 months to one month.
- This will allow flexibility for companies and workers who may be required to perform periodic services in Ireland, but who are not required for a consecutive 90-day period. The reduction in the ‘cooling off’ period between assignments will also allow for greater flexibility in travel.
- Lastly, employers intending to make applications to assign workers to Ireland in 2023 using the AWS scheme will need to ensure that the minimum salary payable exceeds EUR 30,000 since the minimum salary requirements for the scheme will no longer align with the national minimum wage
To view entire article, click here.
Canada, December 20, 2022
Updated List of Occupations Issued for Global Talent Stream
- The Government of Canada has updated the list of occupations eligible under its Global Talent Stream program, effective December 22, 2022.
- The list of occupations will now include civil, electrical and electronics, mining, and aerospace engineers; and electrical and electronics engineering technologists and technicians.
- As a result, employers can utilize the Global Talent Stream to hire foreign nationals in these professions, beginning December 22, 2022
To view entire article, click here.
United States, December 20, 2022
January 2023 Visa Bulletin Update – USCIS to Honor Dates for Filing for Employment-Based Categories
Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s January 2023 Visa Bulletin.
To view entire article, click here.
Paraguay, December 20, 2022
Major Restructuring of Immigration Categories and Eligibility Requirements
- The government of Paraguay implemented a new immigration law which restructures Paraguay’s immigration categories and eligibility requirements.
- The new law replaces the Transitory Residence (Radicación Precaria) with a new Short-Term Residence (Residencia Ocasional o Espontánea) which has a shorter validity; expands benefits of the Temporary Residence category; and creates stricter eligibility for Permanent Residence, among other changes.
- The new immigration law is meant to modernize the immigration system, which has existed largely unchanged since 1996, by providing a more organized migration system
To view entire article, click here.
United States, December 19, 2022
January 2023 Visa Bulletin – EB-1 India and China Retrogress, Other Employment-Based Categories Hold Steady
- Next month, EB-1 India and EB-1 China will have a Final Action cutoff date of February 1, 2022, and a Date for Filing cutoff date of June 1, 2022.
- The EB-2 India Final Action date will remain at October 8, 2011. The EB-2 India Date for Filing cutoff will remain at May 1, 2012.
- The EB-3 India Professional/Skilled Worker Final Action date will remain at June 15, 2012, and the Date for Filing cutoff will remain at August 1, 2012.
- The EB-3 China Professional/Skilled Worker category will remain at August 1, 2018 for Final Action, and September 1, 2018 for the Date for Filing.
To view entire article, click here.
Indonesia, December 19, 2022
Employers Must Report Information of Foreign Workers by January 10, 2023
- The Indonesian government announced that employers of foreign workers must submit the required annual report on foreign nationals by January 10, 2023.
- Fragomen expects the deadline to be flexible but employers are advised to complete the annual report before the initial deadline to avoid any possible administrative penalties
To view entire article, click here.
United States, December 16, 2022
Congress Passes Stopgap Spending Measure, Funding Government Through December 23, While FY 2023 Budget Is Finalized
- A stopgap spending measure passed by Congress will fund the U.S. government – including E-Verify and the Conrad 30 program – through December 23, 2022, as Congress considers federal budget legislation to fund the government for the full FY 2023. President Biden is expected to sign the stopgap measure.
- Passage of the short-term spending bill avoids a government shutdown on December 17, 2022 and provides more time for Congress to pass a FY 2023 budget.
To view entire article, click here.
Singapore, December 16, 2022
Temporary Increase in Work Pass Quotas for Eligible Companies
- The Singapore government is now accepting applications for temporary increases in work pass quotas under the Manpower for Strategic Economic Priorities (M-SEP) scheme.
- Companies seeking to apply under the M-SEP must participate in at least one of the economic schemes under any of the five agencies of the Singapore government and must commit to hire or provide suitable training to the same number of locals as the additional quotas that are being sought.
- Eligible companies will be given a renewable increased work pass quota of up to 5% of their existing base workforce, capped at 50 additional workers, for two years at a time.
To view entire article, click here.
Other weekly news briefs
Bahrain, December 22, 2022
New Labour Registration Program Launched for Select Categories of Foreign Nationals in Irregular Immigration Status
Canada, December 19, 2022
Changes In Labour Market Impact Assessment Exemption Codes
Canada, December 22, 2022
Prohibition on Purchase of Residential Property by Non-Canadians Act - Regulations Published
Costa Rica, December 19, 2022
Special Permit for Cuban, Nicaraguan and Venezuelan Refugees Will Reopen
Costa Rica, December 19, 2022
Stricter Eligibility for Refugee Status Applicants
Ireland, December 19, 2022
Quotas Increased or Created to Address Skills Shortages in Dairy, Transport and Home Care Sectors
Israel, December 20, 2022
Possible Cancellation of Grandchild Clause Forthcoming
Israel, December 21, 2022
Cancellation of Automatic Extension of Asylum Seekers’ Visas
New Zealand, December 19, 2022
Online Submissions for Skilled Migrant Category Applications
Nigeria, December 21, 2022
Nigerian Nationals Living Abroad Can Temporarily Enter with Expired Passports
Saudi Arabia, December 22, 2022
Personal Visit Visa Applications Now Available
South Africa, December 16, 2022
Consular Posts Processing Long-Term Visa Application
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.