Weekly Immigration Update: February 18–24, 2022

United States, February 24, 2022
FY 2023 H-1B Cap Registration Begins Tuesday, March 1

• Employers and their immigration counsel may register foreign nationals for the FY 2023 H-1B cap lottery between Tuesday, March 1 at noon ET and Friday, March 18 at noon ET.
• USCIS is expected to receive a very large number of online registrations during this period. Technical slowdowns are possible as a result.
• Before an H-1B cap registration can be submitted by immigration counsel, employers must promptly review, approve and e-sign the registration.

To view entire article, click here.

 

Ukraine/Worldwide, February 24, 2022
Update on Situation in Ukraine

• Despite the escalating conflict in Ukraine, we hope you and everyone on your team is safe. Employers working to ensure the safety of their employees should be prepared for delays in immigration processes.
• All airports in Ukraine are closed and the land border with Belarus is closed.
• Several countries have closed their consular posts or are currently reducing posts’ operating hours or limiting services to citizens. Some countries have relocated consular services from Kyiv.
• Despite the current situation, Ukrainian government offices are functioning normally, although this may change at short notice.
• The situation is fluid and further closures should be expected.

To view entire article, click here.

 

United States, Updated February 24, 2022
H-1B Cap Update: Employers May Now Create New Cap Registration Accounts

• Employers can now set up new accounts in USCIS’s online H-1B cap registration system.
• If your organization wishes to sponsor foreign workers for H-1B cap employment in FY 2023, it must have a registration account. Existing registration accounts may continue to be used for the FY 2023 registration period.
• H-1B cap registration opens at noon ET on March 1, 2022 and closes at noon ET on March 18, 2022. All beneficiaries must be registered during this period to be entered in the FY 2023 H-1B cap selection lotteries.

To view entire article, click here.

 

United Kingdom, February 22, 2022
Temporary Right to Work Check Measures Extended

• The Home Office has extended temporary right to work check measures, allowing right to work checks by video call without holding hardcopy documents, until September 30, 2022 from April 5, 2022 for those unable to use Home Office online right to work check services.
• The extension does not affect individuals holding a current Biometric Residence Permit, Biometric Residence Card, status under the EU Settlement Scheme, Frontier Worker Permit or an eVisa. For these individuals, the online right to work checking system will become mandatory on April 6, 2022 as planned.
• The extension allows employers time to source Identity Service Providers for a new electronic right to work check service for British and Irish nationals, via newly permitted Identification Document Validation Technology.
• Starting October 1, 2022, employers will need to either conduct an online or electronic right to work check, or check the employee’s original documents where permitted.

To view entire article, click here.

 

South Africa, February 18, 2022
Critical Skills List Updated

• The Department of Home Affairs published a new critical skills list for the Critical Skills Work Visa (CSWV), which is already in effect.
• The new list targets skills shortages in various sectors of the South African economy, reduces the number of occupations on the list from 215 to 101, and increases the minimum academic qualifications for some of these occupations.
• Foreign nationals applying for a CSWV should ensure that they are applying for an occupation on the new skills list and have the required academic qualifications as the Department of Home Affairs will no longer accept applications based on 2014 list.

To view entire article, click here.

 

United States, February 18, 2022
Stopgap Spending Measure Funds Government Through March 11 As Budget Negotiations Continue 

• Another stopgap spending measure passed by Congress will fund the U.S. government through March 11, 2022, as FY 2022 federal budget negotiations continue. President Biden is expected to sign the measure.
• Passage of the bill avoids a government shutdown on February 18 and postpones the deadline to March 11.
• The stopgap bill also extends E-Verify and the Conrad 30 program through March 11.

To view entire article, click here.

 

United Kingdom, February 18, 2022
Tier 1 (Investor) Route Suspended

• Effective February 17 at 16:00 local time, the United Kingdom’s Tier 1 (Investor) visa scheme closed to new applications due to security concerns.
• Foreign nationals currently holding Tier 1 (Investor) visas will be able to apply for extensions of their visa under this category until February 17, 2026 and, if eligible, to apply for Indefinite Leave to Remain until February 17, 2028.
• Individuals seeking to obtain work and residence authorization through investment will no longer be able to do so in the United Kingdom.

To view entire article, click here.

Costa Rica: Air Transit Visa Now Required for Cuban and Nicaraguan Nationals – Nationals of Cuba and Nicaragua now require a Transit Visa to transit through Costa Rican airports. Previously, Cuban and Nicaraguan nationals only required a visa to enter the country, not to transit through Costa Rican airports. The specific requirements for each nationality will be determined by the General Immigration Directorate.    

Russia: Validity of Medical Documentation Finalized – As an update to frequently-changing medical examination rules, effective March 1, 2022, medical examinations of foreign nationals – required when arriving in Russia for all types of entry purposes (more information available here) – will be valid for 12 months, from the previous validity of three months.

Turkey: New Regulations on Work Permit Law – The Ministry of Labor (MoL) recently released regulations for the Law on International Workforce (work permit law), regarding notification procedures, renewal applications, and work permit suspensions. Employers no longer need to notify the Ministry of Labor of late start of work, and only need to notify start of work for employees on foreign social security. Additionally, renewal applicants who timely filed their applications can work for 90 days after the work permit expiry date, up from 45 days. Finally, foreign nationals and employers may mutually agree to suspend work permits for up to 90 days during unpaid leave. Previously, this was only permitted for maternity leave. Further guidance and updates are expected in the future. Fragomen will report on these updates when they are announced.