Weekly Immigration Update: February 11–17, 2022

United States, February 17, 2022
DHS Proposes New Public Charge Rule That Maintains Status Quo

• The Department of Homeland Security is proposing a new public charge rule that would largely codify its existing policy on the public charge ground of inadmissibility.
• Consistent with longstanding policy, the new rule would deem a foreign national ineligible to receive a green card or visa stamp if they are determined likely to become primarily dependent on the government by either the receipt of public cash assistance for income maintenance or by long-term institutionalization at government expense.
• The proposal would not impose a public charge inquiry on nonimmigrant extensions and changes of status filed with USCIS.

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Cyprus, February 17, 2022
Remote Work Visa Introduced

• Foreign nationals (either self-employed or working for an employer who is abroad) seeking to work remotely in Cyprus can now apply for a Remote Work Visa, valid for up to one year, and renewable for an additional two years.
• Applicants must earn at least EUR 3,500 per month, either from employment or from client service.
• This new category provides an immigration pathway for remote workers, which was previously not available.

To view entire article, click here.

 

United States, February 16, 2022
March 2022 Visa Bulletin – Strong Advancement in EB-2 India, But Future Retrogression Possible; USCIS Will Accept Employment-Based Adjustment Applications Based on Dates for Filing

• USCIS has announced that it will accept employment-based adjustment of status applications with a priority date that is earlier than the Dates for Filing listed in the March Visa Bulletin.
• The March Dates for Filing remain unchanged from last month for EB-1, EB-2 and EB-3 Professional/Skilled Workers.
• EB-2 India Final Action dates will advance by four months to May 1, 2013. EB-2 China will remain the same at March 1, 2019. However, EB-2 India may be subject to retrogression in future months if increased EB-5 demand eliminates a surplus of visa numbers that would have otherwise applied to EB-2.
• EB-3 India and EB-3 China Professional/Skilled Worker Final Action dates will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively.
• EB-5 China (Non-Regional Center program) remains current next month, but may see cutoff dates imposed as early as April 2022.
• EB-1 China and EB-1 India will remain current next month.

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Bahrain, February 15, 2022
New Long-Term Residence Visa Scheme Launched

• The Ministry of Interior in Bahrain launched a Golden Residency Visa program for current Bahraini residents and foreign nationals seeking to live and work in Bahrain long term, which was first announced in October 2021. Interested foreign nationals can now apply under the program.
• The program allows investors, retirees and highly talented individuals to work upon obtaining work authorization under a 10-year renewable residence permit, and guarantees sponsorship of residence permits for immediate family members.
• The Golden Residency Visa will allow eligible categories of foreign nationals to reside in Bahrain for extended periods of time without having to renew their residence permit, while attracting investment and highly-skilled professionals into Bahrain.

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Chile, February 14, 2022
Published Regulation Creates Key Changes through New Immigration Law

As an update to the progress of the new immigration law approved in 2020 and published in April 2021 in Chile, the Ministry of Interior has published the first implementing regulation. The publication of the regulation creates the following key changes, effective immediately:

• Restrictions on in-country change of status for most foreign nationals;
• Replacement of the Consular Tourist Visa with a Consular Short-Term Authorization for foreign nationals seeking to enter Chile for tourism and business, which can be issued for multiple entries up to 10 years;
• Stricter eligibility rules for permanent residence permits, limiting absence from Chile to 60 days (down from 180); and
• Relaxed travel restrictions for permanent residents in Chile, among other foreign nationals.

To view entire article, click here.

Canada: New Immigration Streams for Rural Communities in Alberta – Alberta has introduced two new rural immigration streams, the “Rural Renewal Stream” and the “Rural Entrepreneur Stream,” for foreign skilled professionals and entrepreneurs settling in rural communities in Alberta. The rural immigration streams are part of the Alberta Advantage Immigration Program (formerly the Alberta Immigration Nominee Program), a federal-provincial economic immigration program that nominates foreign nationals in Alberta to the federal government for permanent residence if they have the requisite skills to fill job shortages or are planning to buy or start a business in Alberta. Rural communities in Alberta interested in receiving foreign nationals must apply to become a designated community. To be eligible for the Rural Renewal Stream, communities must have a population of less than 100,000 and be outside the Edmonton and Calgary Census Metropolitan Areas; be represented by an economic development or similar organization; have an economic development plan; have expressed support from the town/municipality council and a local/regional settlement organization; and have local employers with permanent, full-time, non-seasonal jobs available. Entrepreneurs seeking to start a business or buy an existing business in a rural Alberta community can submit an Expression of Interest. Interested candidates should contact their immigration professional for case-specific advice.

Costa Rica: Visa Exemption Revoked for Nationals of Venezuela – Effective February 21, 2022, nationals of Venezuela will no longer be visa-exempt when transiting or entering Costa Rica for tourism or business and must instead obtain a consular visa for transit or entry. Venezuelan nationals will continue to be authorized to enter Costa Rica with a Venezuelan passport valid for at least one day at the time of entry (instead of the usual six-month validity required of other visa nationals). The consular visa is generally issued for a single entry (within 60 days from when the visa is issued) and typically allows a maximum stay of up to 30 calendar days, extendable for up to a total of 90 calendar days. Certain Venezuelan nationals may still be visa-exempt if they hold an eligible visa or immigration status from another country. As a reminder, all foreign nationals entering Costa Rica as visitors must be able to show proof of economic means of at least USD 100 per month and a return or onward airline or other ticket. Those arriving from high-risk countries/areas (such as certain areas in Venezuela) must also show a Yellow Fever vaccination certificate.

Czech Republic/Ukraine: Operational Changes to Kyiv Consulate Causing Delays – Consular capacity at the Czech consulate in Kyiv, Ukraine has been reduced to essential staff, and appointments have been rescheduled for two to three weeks later. The consulate in Lviv remains fully operational. Fragomen recommends travel to Lviv during these delays as Ukrainian nationals must apply for visas and other immigration applications from their home country as usual.

Hungary: Foreign Nationals With Single Permit Approvals Can Begin Work Earlier Under Policy Change – In a recent clarification of immigration policy, foreign nationals holding a Single Permit approval in Hungary are now permitted to work immediately. Previously, they had to await the issuance of their Single Permit card, which occurs at a later stage in the process. As a result, Single Permit holders are able to start work one to 10 days sooner than under the previous policy. Additionally, the case number on the Single Permit approval letter is now sufficient for local social security applications and work start notifications, where previously these processes required a single permit card number.

Ivory Coast: Issuance of Residence Cards Resumes – The Office National de L’état Civil et de L’identification (ONI) has resumed issuing residence cards, which had not been issued in the past two years due to a technical issue with the card production service provider. The cards are valid for up to five years. During the issuance suspension, foreign nationals had to renew their temporary residence permits every three months. Foreign nationals waiting for their residence cards to be issued must now appear at the ONI to submit biometrics. Foreign nationals who fail to do so will have to keep renewing their temporary residence permits.

Norway: Delays in Obtaining National Identification Number – Locally hired non-EU nationals currently face several weeks' processing delay to obtain national tax and social security identification numbers. The application process for these numbers moved online to expedite processing and improve intra-agency cooperation, but interoperability issues between the tax and police systems are now causing several weeks' delay in completing registrations and obtaining local numbers. Foreign nationals are advised to submit paper applications after completing their police registration, where permissible, in an attempt to expedite processing. These delays may impact foreign national employees' ability to enter local payroll, thus causing delayed salary payments as well as issues in accessing local services. The delays do not affect EU nationals or foreign nationals on home employment contract.

South Africa: Adjudication of Long-Term Visas Centralized – Effective immediately, the Department of Home Affairs is centralizing the adjudication of long-term visas received by South African consular posts. South African consular posts abroad are now only authorized to receive and adjudicate visas valid for less than 90 days; study permits, including authorizations to undertake course related training; and airline crew member visas. There will be a delay in the issuance of visas submitted abroad that were received at the Department of Home Affairs after January 12, 2022. Employers seeking to relocate employees to South Africa must plan well in advance to compensate for delays. The centralization of the adjudication of long-term visas is aimed at promoting uniformity in decision-making in the South African immigration system.

South Africa: Remote Work and Start-Up Visas to be Introduced – An independent taskforce is reviewing the work visa system in South Africa to potentially introduce a remote work visa and start-up visa. The new visas would be aimed at attracting start-up investors and remote workers in order to bolster the economy which has been severely affected by the COVID-19 pandemic. A remote work visa would allow professionals to live in South Africa while working for a foreign entity. Currently, such foreign nationals can only enter for up to 90 days, with restrictions. South Africa would be the second country, after Mauritius, in sub-Saharan Africa to implement a start-up visa and the fourth country, after Cape Verde, Mauritius, and Seychelles, in sub-Saharan Africa to implement a remote work visa.

Ukraine: Streamlined Registration of Stay – In a change of policy, registration of stay in Ukraine is now possible without submitting the original temporary residence permit. Registration of stay is the final step in the immigration process, which involves registering a private residence address with the town hall within 30 calendar days upon receipt of the temporary residence permit. Under the new policy, registration and de-registration of stay can be completed by an authorized representative with no physical presence in Ukraine required of the adult permit holder on the filing date. However, registration of children can no longer be completed by an authorized representative alone; presence of at least one parent is needed at the filing.

Ukraine: Stricter Border Checks – Ukrainian border authorities may implement stricter border policies for citizens of Russia and Belarus in the coming weeks, including for individuals holding valid Ukrainian work and residence permits. Affected travelers may be subject to additional and stricter border checks, and may have difficulty re-entering Ukraine in the case of travel abroad. Employers and foreign nationals are advised to review travel plans, consider reducing travel outside Ukraine, and to carry supporting documents to facilitate re-entry.

United States/Ukraine: Certain Travelers From Ukraine Exempt from COVID-19 Requirements for U.S. Entry Through March 1 -- Effective immediately until 11:59 PM EST on March 1, 2022, certain nonimmigrants from Ukraine entering the United States are exempt from the COVID-19 vaccination requirements, according a Department of Homeland Security national interest exception (NIE) order. In addition, all U.S. citizens, green card holders, and nonimmigrants traveling with U.S. citizens and green card holders from Ukraine are exempt from the pre-departure COVID testing requirement through March 1, 2022, according to a Centers for Disease Control and Prevention (CDC) order. Nonimmigrants traveling from Ukraine will be permitted to enter the United States without showing proof of COVID-19 vaccination or a negative COVID-19 test result prior to boarding a flight to the United States if they: (1) are traveling with a U.S. citizen or lawful permanent resident; (2) were physically present in Ukraine as of February 10, 2022; and (3) possess valid travel documents allowing them to travel to the United States. Additionally, nonimmigrants who traveled under the NIE to the vaccine requirement will be required to receive a COVID-19 test within three to five days of arrival in the United States; self-isolate in the event of a positive post-arrival COVID-19 test or the development of COVID-19 symptoms; and become fully vaccinated for COVID-19 within 60 days of arrival in the United States if intending to stay for more than 60 days.