Weekly Immigration Update: February 24–March 2, 2023

United States, March 2, 2023
H-2B Cap Reached for Second Half of FY 2023; Filing Dates Announced for Second Half of FY 2023 Supplemental H-2B Visas

• On February 27, 2023, USCIS received enough H-2B petitions to exhaust the cap for the second half of FY 2023. 
• USCIS will reject H-2B petitions received after February 27, 2023 that request a start date on or after April 1, 2023 and before October 1, 2023, unless the petition is exempt from the H-2B cap.
• USCIS also announced filing dates for the supplemental H-2B visa numbers available in the second half of FY 2023. The filing dates differ depending on the case type, requested employment start date and nationality of the H-2B worker.

To view entire article, click here.

 

Ireland, March 2, 2023
Call to Register Interest for Making Submissions on Occupation Lists

• Ireland’s Department of Enterprise, Trade and Employment (DETE) has opened registration for submitting suggestions for revisions to the Critical Skills Occupations List and Ineligible List of Occupations, requesting that industry stakeholders and representatives provide evidence to support claims for certain occupations to be included in the updated lists.
• The Critical Skills Occupation List identifies professions that are in short supply in Ireland and for which international recruitment is necessary, whereas the Ineligible List of Occupations are occupations under which non-European Economic Area/Swiss/UK workers may not apply for an employment permit.
• Stakeholders and representatives are advised to contact their immigration professional for advice and assistance as registration of interest is now open

To view entire article, click here.

 

United Kingdom, March 2, 2023
Updated Right to Work Guidance Released

On February 28, 2023, the Home Office issued updated employer guidance on right to work (RTW) checks regarding:

• Liability for employers relying on Identity Service Providers (IDSPs) to support manual and Home Office online RTW checks of British and Irish nationals;
• Change of process for timely filed work visa extension applications without sufficient documentation;
• How to manage short-dated Biometric Residence Permits (BRPs) where the end-date does not align with individual immigration permission;
• When RTW checks will not be accepted as valid when based on poor quality photographs; and
• A new acceptable document that if checked, would satisfy the RTW procedure.

To view entire article, click here.

 

United States, March 1, 2023
FY 2024 H-1B Cap Registration Begins

• Employers and their immigration counsel may register foreign nationals for the FY 2024 H-1B cap lottery beginning today at noon ET through Friday, March 17 at noon ET.
• USCIS is expected to receive a very large number of online registrations during this period. Technical issues 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.

 

Finland, March 1, 2023
Relaxed Rules for Employers and Employees to Streamline Work Permit Process

• The Finnish government has implemented several changes to streamline the work permit process.
• Key changes include a new trusted employer certification program to expedite work permit processing and a new pathway to a residence permit for graduates of Finnish universities

To view entire article, click here.

 

India, March 1, 2023
Reciprocal UK-India Young Professional Scheme Open

• The High Commission of India in the United Kingdom has opened the reciprocal Young Professional Scheme and published related regulations on its website.
• The scheme is reciprocal – nationals of each country can apply to live, travel and work in each other’s country

To view entire article, click here.

 

United Kingdom, February 28, 2023
First Ballot for India Young Professional Scheme Open; Additional Guidance on Reciprocal Scheme Published

• The Home Office has opened the first ballot period for the India Young Professional Scheme and has issued guidance related to entry under the ballot. The scheme will close on March 2, 2023.
• The scheme is reciprocal – nationals of each country can apply to live, study, travel and work in each other’s country. News on this program from India is pending and will be published separately

To view entire article, click here.

 

Bulgaria, February 28, 2023
Several EU Blue Card Rules Relaxed

The Bulgarian government has relaxed several rules related to EU Blue Card eligibility requirements and processes. Key changes include:

• EU Blue Card applicants may be able to provide a certificate to prove their experience, instead of the current three-year university degree requirement;
• The minimum employment agreement term to qualify for an EU Blue Card has been reduced to six months;
• The maximum term of validity of the EU Blue Card was extended to five years; and
• EU Blue Card holders are eligible to be covered under the national health insurance system.

Many of these changes will expand the eligibility pool for EU Blue Card applicants.

To view entire article, click here.

 

Hong Kong SAR, February 27, 2023
New Criminal Conviction Disclosure Required for Talent Admission Scheme Applicants

• Applicants under the Talent Admission Schemes must now declare any criminal convictions or offenses in their applications.
• Applicants who fail to disclose serious criminal convictions or offenses as required may have their applications rejected or visas cancelled.
• Applicants with criminal convictions may experience longer processing times due to the additional background check conducted by immigration authorities

To view entire article, click here.

 

United Kingdom, February 27, 2023
Call for Evidence in Review of Shortage Occupation List

• The government of the United Kingdom’s independent advisor on immigration policy, the Migration Advisory Committee (MAC), today announced its “Call for Evidence” (CfE) in connection with its major review of the Shortage Occupation List (SOL), requesting that stakeholders put forth evidence to support claims for certain occupations to be included in a new SOL.
• The SOL is the official list of “skilled” occupations which are in short supply in the United Kingdom and whose shortage is assessed as reasonably addressed through the recruitment of workers from outside the United Kingdom.
• Stakeholders should contact their immigration professional for guidance on submitting evidence to the CfE by the deadline of May 26, 2023 for their concerns to be heard.

To view entire article, click here.

 

Vietnam, February 24, 2023
New Mandatory Online Multiple Entry Business Visa Application Process

• The Vietnam government has introduced a new mandatory online application process for certain Multiple Entry Business Visa (MEBV) applicants.
• Sponsoring companies must obtain a token (e-signature) from a local Vietnamese telecommunications company to log in to the new Ministry of Public Security (MPS) portal and create an account to apply for MEBVs.
• Eligible applicants now have access to a streamlined process that no longer requires a local company representative to visit the immigration bureau for the visa submission process.
• Sponsoring companies who do not submit MEBV applications through the new MPS portal may have their applications rejected.

To view entire article, click here.