Weekly Immigration Update: December 30, 2021–January 6, 2022
January 6, 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: Due to the ongoing COVID-19 emergency, U.S. Citizenship and Immigration Services (USCIS) has extended its deadline extension policy through March 26, 2022, and revised the policy with respect to certain motions, appeals and requests.
- Philippines: Foreign nationals holding a valid Alien Certificate of Registration Identity Card (ACR I-Card), such as long-term work visa holders, must appear at a Bureau of Immigration (BI) office by March 1, 2022 to file their Annual Report (AR) or authorize their Fragomen immigration professional to file the AR on their behalf.
- Minimum salary updates: Denmark increased their minimum salary level for the Pay Limit Scheme. Egypt has applied a minimum salary amount to private sector employees (where it previously only applied to public sector employees). The Czech Republic increased the national minimum wage. Romania increased the average gross salary, which has consequently increased the minimum gross salary for EU Blue Card and other highly skilled work permit applicants, and additionally increased the salary level for non-graduate roles. See this consolidated alert for more information.
These items and other news from Denmark, Hungary, Saudi Arabia, Sweden, and the United Kingdom follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, December 30, 2021
USCIS Extends and Revises COVID-19 Accommodations on RFEs, NOIDs, Appeals and Other Responses Through March 26, 2022
- Due to the ongoing COVID-19 emergency, USCIS is extending its deadline extension policy through March 26, 2022, and revising the policy with respect to certain motions, appeals and requests.
- Petitioners and applicants will continue to have an additional 60 days to respond to requests for evidence, notices of intent to deny or revoke, notices of intent to terminate EB-5 regional investment centers and certain other notices dated between March 1, 2020 and March 26, 2022.
- Employers and foreign nationals will now have 90 days to file a Form I-290B appeal or motion or Form N-336 hearing request to reopen a USCIS decision that was issued between November 1, 2021 and March 26, 2022. Under the prior accommodation, 60 days were granted for adverse decisions issued earlier in the COVID emergency.
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Philippines, January 5, 2022
Annual Report Filing for Alien Certificate of Registration Identity Card Holders Due March 1, 2022
- Foreign nationals in the Philippines holding a valid Alien Certificate of Registration Identity Card (ACR I-Card), such as long-term work visa holders in the Philippines, must appear at a Bureau of Immigration (BI) office by March 1, 2022 to file their Annual Report (AR).
- These individuals can also authorize their Fragomen immigration professional to file the AR on their behalf, which would waive the foreign national’s personal appearance requirement.
- Registration to comply with the 2022 Annual Report must be completed through the Online Appointment System.
- Additional fines and monetary penalties will be imposed for the non-filing or late filing of the AR. Fragomen recommends that the AR registration be completed before March 1, 2022 to avoid other adverse immigration impacts, such as delays to renewal applications.
To view entire article, click here.
Other weekly news briefs
Denmark: New Positive Lists for Those with Higher Education and Skilled Work – The Danish Agency for International Recruitment and Integration has issued two new Positive Lists: one for individuals with a higher education, containing 50 job titles with notable additions including marketing manager, head of administration, head of information technology, electronics engineer, architect, web developer, economist and marine engineer; and a second for skilled work, containing 44 job titles with notable additions including designer and information technology engineer. These new lists went into effect on January 1, 2022. Positive Lists are issued twice a year and contain lists of professions experiencing a shortage of qualified professionals. Foreign nationals may be eligible for work and residence permits if they have a job offer from an employer in Denmark that complies with the Positive List scheme requirements.
Hungary: Increased Government Fees – Government fees in Hungary have increased, with key changes as follows: D type visa - EUR 110; Single Permit (in person) - HUF 39,000 (HUF 24,000 for online applications); EU Blue Card (in person) - HUF 38,000 (HUF 26,000 for online applications); Permanent Residence permit (in person) - HUF 39,000 (HUF 25,000 for online applications). Overall, the increase is approximately 100% from 2021 amounts.
United Kingdom: Updated Guidance for eVisas and Right to Work Checks – The Home Office has updated its guidance relating to eVisa documentation that can be used for right to work checks. Visa nationals will receive an eVisa and Biometric Residence Permit (BRP) when applying for permission to stay in the United Kingdom; previously, applicants only received a BRP. Employers will now have the option to choose which of the two documents is checked as part of a right to work check, which currently includes a manual check of the BRP until April 5, 2022. Non-visa nationals (including EEA, EU, Swiss and British National Overseas) applying for permission to stay under the Skilled Worker or Student visa routes will typically only receive an eVisa, which will require employers to use the Home Office’s online service to complete a right to work check. Previously, most non-visa national applicants would have only received a BRP.
Saudi Arabia: Transit Visas Now Available to Foreign Nationals on Cruise Ships – Foreign nationals arriving to Saudi Arabia via a cruise ship are now able to obtain an electronic transit visa to enter the country for a short trip. This new policy comes after Saudi Arabia opened its first cruise ship terminal at the port in Jeddah in July 2021. Foreign nationals on cruise ships can obtain the visa through the Ministry of Foreign Affairs’ electronic portal after purchasing a ticket with an accredited cruise company in Saudi Arabia. Transit visas are issued for a single entry and allow foreign nationals to remain for either 48 hours (for SAR 100) or 96 hours (for SAR 300). The mechanisms surrounding issuance of the transit visa, including processing time, have not yet been released.
Saudi Arabia: Amended List of Penalties Issued for Non-Compliance with Saudi Employment Regulations – The Ministry of Human Resources and Social Development (MHRSD) implemented a decision amending penalties for non-compliance with Saudi employment regulations, including sanctions for non-compliance with Saudization requirements, work authorization obligations, and the payment of wages, among others. The decision also provides a separate list of sanctions applicable to recruitment companies. The level of penalties now depends on the employer’s headcount, with Group A categorized as 51 workers or more; Group B categorized as 11 to 50 workers; and Group C categorized as 11 workers or less. In some instances, the penalties are multiplied by the number of workers affected by the employer’s non-compliance. Employers must settle (or appeal) all penalties within 60 days from the date of their imposition by the MHRSD; failure to do so will result in the suspension of all services provided by the MHRSD.
Sweden: Shorter Validity for Certain Residence Permit Cards – As of January 1, 2022, the Migration Agency is issuing new residence permit cards to permanent residents that are valid for three years. Previously, the Agency issued residence permit cards for permanent residents that were valid for five years. This does not affect the validity of permanent resident residence permit cards issued before January 1, 2022, which will still have a validity period of five years.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.