Weekly Immigration Update: December 9–15, 2022

Ireland, December 15, 2022
Single Application Process to be Developed

• The government of Ireland is establishing an Inter-Departmental Working Group to develop a plan for implementing a single application procedure for employment permits and immigration permissions for non-European Economic Area (EEA) nationals.
• The new single application procedure will aim to reduce processing times and streamline the overall immigration application process for non-EEA nationals by eliminating certain application steps.
• The process aligns with the European Commission’s proposal for a Directive regarding single permit procedures for employment permits and immigration permissions for third-country nationals

To view entire article, click here.

 

Ukraine, December 15, 2022
Work Restrictions Impact Freelancers and Dependents; Process Clarifications Benefit Others

A long-awaited law has created the following limits and benefits for foreign workers in Ukraine (among other changes):

• A rule change that essentially eliminates the possibility for assigned freelancers and independent contractors to qualify for a work permit;
• A limitation in time for when work permit renewals must be filed;
• Entry and work authorization benefits for Polish citizens; and
• Benefits for foreign nationals to enter and stay based on an expired temporary or permanent residence permit under certain conditions.

These news rules will likely not see their full effects until after the war in Ukraine de-escalates, since many foreign nationals have left Ukraine since February 2022

To view entire article, click here.

 

New Zealand, December 15, 2022
New Change of Conditions Process and Extension of Automatic Work Rights for Temporary Work Visa Holders’ Partners

• Accredited Employer Work Visa (AEWV) and Essential Skills Visa holders can now apply to change the conditions of their visa to reflect changes in employers, occupations or job locations under their current visa instead of applying for a new visa.
• These changes will result in fewer administrative steps and a slightly faster processing time compared to the prior process of filing a new Work Visa application to change such conditions.
• Additionally, the automatic work rights of dependent spouses or partners of temporary work visa holders has been extended until April 2023.

To view entire article, click here.

 

New Zealand, December 15, 2022
Several Relaxed Policy Initiatives Aim to Expand Worker Pool

• The New Zealand government will give eligible employers an automatic 12-month extension of their Accreditation under the Accredited Employer Work Visa program and will defer the Accreditation requirement for employers who sponsor temporary visa holders (including open work visa holders) until 2024.
• Furthermore, certain Critical Purpose Visitor Visa holders whose visas have been granted on the basis of being a long-term critical worker are eligible for a further streamlined Specific Purpose visa.
• Lastly, the New Zealand government has expanded the Green List of occupations that are eligible for the Straight to Residence and Work to Residence pathways.

To view entire article, click here.

 

Canada, December 14, 2022
Expansion of the Economic Mobility Pathways Pilot and Other Efforts to Support Refugees

• The Minister of Immigration, Refugees and Citizenship has announced an expansion of the Economic Mobility Pathways Pilot (EMPP), including a Trusted Partner Model, CAD 6.2 million in funding and an aim to welcome 2,000 skilled refugees over the next few years.
• Through the EMPP, partner organizations such as Talent Beyond Boundaries help skilled refugees located overseas connect with Canadian employers who need to fill critical labour shortages in sectors such as information technology, health care and those that require skilled tradespeople

To view entire article, click here.

 

Worldwide, December 13, 2022
Immigration Processing and Delays During the Holidays

• During the holiday season, many government offices worldwide will close or have reduced staff and operating hours, likely resulting in processing delays for work permits, residence permits and visas over the coming weeks and into the new year.
• Employers and foreign nationals with travel or relocation plans between now and early 2023 should contact their immigration service provider to discuss the impact of holiday closures on their specific circumstances.
• These closures are in addition to remaining closures of government offices due to COVID-19. Check Fragomen’s dedicated website for up-to-date information on COVID-19-related government closures, travel restrictions and other related information.

To view entire article, click here.

 

United States, December 13, 2022
Temporary Final Rule Provides Details on Additional 64,716 H-2B Visas Available in FY 2023

• An upcoming Temporary Final Rule (TFR) confirms that the Biden Administration will make available an additional 64,716 H-2B visas in Fiscal Year (FY) 2023, nearly doubling the number of H-2B visas that would otherwise be available this fiscal year.
• Of the additional visas, 44,716 will be made available to returning H-2B workers, and the remaining 20,000 will be reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti.
• The additional H-2B visas will be made available in a series of allocations over the course of FY 2023, tied to case type and requested start date, with varying filing timelines.
• The TFR includes provisions to protect both U.S. and H-2B workers, including additional scrutiny for employers that have committed certain labor law violations in the H-2B program.

To view entire article, click here.

 

Guyana, December 13, 2022
Travel and Work Authorization Restrictions During Processing of Work Permit Applications

• Based on verbal communications by the Ministry of Home Affairs, the Ministry has restricted the issuance of Permission to Land permits (which allow foreign nationals to work during the processing of their Work Permit application) to a maximum of two permits per foreign national, effective immediately.
• Previously, the Ministry of Home Affairs granted unlimited Permissions to Land until a Work Permit was endorsed in the foreign national’s passport.
• Affected foreign nationals should revise their travel plans due to this process change and avoid international travel until their Work Permit is endorsed in their passports. It is not clear how long this restriction will last

To view entire article, click here.

 

Hong Kong SAR, December 13, 2022
Relaxed Rules for Visa Schemes and Continued Online Filing

The Hong Kong Immigration Department (HKID) announced the following immigration rule updates:

• Certain new applicants under the General Employment Policy Scheme and the Admission Scheme for Mainland Talents and Professionals and renewal applicants under the Technology Talent Admission Scheme and the Quality Migrant Admission Scheme are no longer required to provide proof of labor market testing and academic qualification/work experience; and
• Eligible applicants abroad can continue filing online extension of stay applications until June 30, 2023.

Eligible applicants will benefit from streamlined documentary requirements and application processes which may lead to faster lead times during document gathering and application filing stages.

To view entire article, click here.

 

Saudi Arabia, December 13, 2022
Accession to Hague’s Apostille Convention

• On December 7, 2022, Saudi Arabia officially became the 122nd member to accede to the Convention Abolishing the Requirements of Legalization for Foreign Public Documents, commonly referred to as the “Apostille Convention”.
• The new process allows documents originating in Saudi Arabia, such as education certificates and birth certificates, and those legalized according to the requirements of the treaty, to be accepted in the 121 member countries. It also allows documents similarly processed and originating from other Hague member countries, to be accepted in Saudi Arabia.
• The new process streamlines recruitment and immigration processing for employers and foreign nationals in Saudi Arabia by reducing processing times and avoiding complicated legalization steps at consulates. It also streamlines immigration processes for Saudi nationals in the other 121 Hague member countries. However, individuals should expect temporary delays as the new process is implemented across consulates.

To view entire article, click here.

 

United States, December 9, 2022
USCIS Extends Green Card Validity for Naturalization Applicants

• Lawful permanent residents who file Form N-400 naturalization applications with USCIS on or after December 12, 2022 will receive a 24-month automatic extension of their green card validity.
• USCIS will update the language on Form N-400 receipt notices to note that the applicant’s green card is automatically extended by 24 months. The receipt notice, along with their expired green card, will serve as evidence of the applicant’s permanent resident status.

To view entire article, click here.

 

United States, December 9, 2022
DHS Designates Ethiopia for TPS, Expands Employment Options for Ethiopian Students

• Secretary of Homeland Security Alejandro N. Mayorkas has designated Ethiopia for Temporary Protected Status (TPS) for 18 months, from December 12, 2022 through June 12, 2024.
• The registration period for eligible individuals to submit TPS applications will run for that same period, from December 12, 2022 through June 12, 2024. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
• DHS has also announced that it will suspend certain employment authorization rules for Ethiopian students in F-1 status who are experiencing severe economic hardship as a direct result of the crisis in Ethiopia.

To view entire article, click here.

 

Croatia/Schengen Area, December 9, 2022
Croatia Joins Schengen Area

The Council has adopted the decision to add Croatia to the Schengen Area. As a result:

• Starting January 1, 2023, internal land and sea borders with Croatia will be lifted and short-stay visas issued by Croatia will be Schengen C visas (national short-stay visas issued by Croatia before January 1, 2023 will remain valid until they expire); and
• Starting March 26, 2023, border checks at domestic air borders will be lifted.

To view entire article, click here.